Quad Cities Sub-area Contingency Plan
XIII. Access to Oil Spill Liability Trust Fund and CERCLA Reimbursement
OSLTF funding Procedures
Local, State, tribal, or Federal agencies may get funding for removal costs through, and with the prior approval
of, the FOSC, or by submitting a claim. Funding will be in accordance with EPA's "Guidance For Use Of
The Oil Spill Liability Trust Fund," (OSWER Dir. 9360.8-11) February 1997, and EPA's "Guidance For Use
Of Coast Guard Basic Ordering Agreements For Emergency Oil Spill Response Support," February 10, 1997.
Federal Access to the OSLTF
To access the OSLTF, the Eighth Coast Guard District Office in New Orleans, Louisiana, must be contacted
at (504) 589-6225 (24-hour number). The District Office will issue an eight-digit case number and authorize
a spending ceiling. After receiving a number and ceiling from the District, the federal agency providing an
FOSC must contact its contracting officer within 48 hours to issue a delivery order for services under the
applicable Basic Ordering Agreements (BOA's).
State Access to the OSLTF
In accordance with regulations promulgated under Section 1012(d)(1) of OPA, the President, upon request of a state's governor, or the individual designated by the governor, may obligate the OSLTF for payment in an amount not to exceed $250,000 for removal costs consistent with the NCP that are required for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil. Request for access to the OSLTF must be made by telephone or other rapid means to the FOSC. There are three payment regimes for which the states may obtain Federal funding for oil spill incident removal actions.
State access to the Fund provides and avenue for States to receive Federal funds for immediate removal costs resulting from their response to actual or threatened discharges of oil. In making a request to access the OSLTF in Region 7, the individual making the request must:
Further information is available through USCG Technical Operating Procedures (TOPs) for State Access Under Section 1012(d)(1) of OPA.
State agencies may perform removal actions under the direct supervision of an FOSC. In such situations, the FOSC issues a Pollution Removal Funding Authorization (PRFA) to the State to establish a contractual relationship and obligate the Fund. Under this method of funding, the FOSC is actively directing the State's response actions. State involvement in use of the OSLTF through a PRFA can be accomplished as follows.
Section 1012 (d)(1) of OPA 90 authorizes use of the Fund for "the payment of claims in accordance with section 1013 for uncompensated removal costs determined by the President to be consistent with the NCP or uncompensated damages." States may submit claims for uncompensated removal costs, which may include those salaries, equipment, and administrative costs directly related to a specific incident. A state may submit claims for removal costs directly to the Fund, even if the responsible party is unknown. To submit a claim against the OSLTF, the State must:
Section 123 of CERCLA and Section 1002 (b)(2)(F) of OPA authorize EPA to reimburse local governments for some (and in rare cases) possibly all of the expenses incurred in carrying out temporary emergency measures in response to hazardous substance threats or releases. These measures or operations are necessary to prevent or mitigate injury to human health or the environment.
The intent of this provision is to reduce any significant financial burden that may have been incurred by a city, county, municipality, parish, township, town, federally recognized Native American Tribe, or general purpose unit of local government that takes the above measures in response to hazardous substance threats. Traditional local responsibilities, such as routine fire fighting, are not eligible for reimbursement. States are not eligible for this program and may not request reimbursement on their own behalf or on the behalf of a political subdivision within a given state (40 CFR Parts 310.20 and 310.30).
The following criteria must be met before a request for reimbursement is to be considered:
CERCLA limits the amount of reimbursement to $25,000 per single response. If several agencies or departments are involved in a response, they must determine among themselves which agency will submit the request for reimbursement. Any request must be received by EPA within 1 year of the date the response was completed.
Some of the allowable costs may include, but are not limited to, the following:
A review panel will evaluate each request and will rank the requests on the basis of financial burden. Financial burden is based on the ratio of eligible response costs to the locality's per capita income adjusted for population. If a request is not reimbursed during the review period for which it is submitted. the EPA's reimbursement official has the discretion to hold the request open for a 1-year reconsideration.
An application package can be obtained by contacting the LGR Helpline: 1-800-431-9209. The application package contains detailed, line-by-line instructions for completing the application.
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