Quad Cities Sub-area Contingency Plan
II. Relationship to Other Contingency Plans
Private Sector Response Plans
Facility operators are required to prepare or adhere to a variety of federal and state plans in an effort to prevent or mitigate releases or discharges to the environment. In an effort to streamline the planning process, the National Response Team's (NRT's) Integrated Contingency Plan (ICP) Guidance was published in the Federal Register (F.R. Vol. 61, No. 109, 28642-28664) on June 5, 1996. The purpose of the ICP was to provide a mechanism for consolidating multiple plans that facilities may have prepared to comply with the various regulations into one functional emergency response plan. A number of statutes and regulations, administered by several federal agencies, include requirements for emergency response planning. A particular facility may be subject to one or more of the following federal regulations:
Note: The ICP plan guidance has been developed to assist facilities in demonstrating compliance with the existing federal emergency response planning requirements referenced above. Although it does not relieve facilities from their current emergency planning obligations, it has been designed specifically to help meet these obligations. Adherence to the ICP guidance is not required in order to comply with federal regulatory requirements. Facilities are free to continue maintaining multiple plans, in lieu of an ICP, to demonstrate federal regulatory compliance. In Illinois, certain specified facilities are required to have contingency plans that meet the requirements of the Illinois Chemical Safety Act (430 ICSA 45/ et. seq.) As long as the criteria in that law are met, the plan can be in ICP format. A brief discussion of facility emergency response plans; specifically, those pertaining to the NCP, OPA 90, and CWA are discussed below.
Section 300.211 of the NCP describes and cross references the regulations that implement section 311(j)(5) of the CWA. Owners of tank vessels, offshore facilities, and certain onshore facilities are required to prepare and submit Facility Response Plans for responding to a WCD, and to a substantial threat of such a discharge, of oil or a hazardous substance. Facility and tank vessel response plan regulations, including plan requirements, are located in 33 CFR § 154 and 40 CFR § 112, respectively. Prior to approval, facility and vessel response plans shall be reviewed for consistency with any relevant ACP or RICP.
As defined in OPA 90, each responsible party (RP) for a vessel or a facility from which oil is discharged, or which poses a substantial threat of a discharge, into or upon the navigable waters or adjoining shorelines or the Exclusive Economic Zone is liable for the removal costs and damages specified in Section 311(f) of CWA, 33 U.S.C. § 311(f). Any removal activity undertaken by the RP must be consistent with the provisions of the NCP, RICP or the R-5 RCP/ACP and the applicable response plan required by OPA 90. If directed by a Federal on-scene Coordinator (FOSC) at any time during removal activities, the RP must act accordingly.
40 CFR 112 Oil Pollution Prevention, Non-Transportation-Related Onshore Facilities directs certain facility owners and operators to prepare Facility Response Plans for responding to a WCD of oil and to a substantial threat of such a discharge. These response plans are required to be consistent with applicable Area Contingency Plans (ACPs) or Regional Integrated Contingency Plans (RICPs). Facility and tank vessel response plan regulations, including plan requirements, are located in 33 CFR § 154 and 40 CFR § 112, respectively. Prior to approval, facility and vessel response plans shall be reviewed for consistency with the ACP or RICP.
Section 311(c)(3)(B) of CWA, 33 U.S.C. § 1321(c)(3)(B), requires an owner or operator of a facility participating in removal efforts to act in accordance with the NCP and the applicable response plan. Section 311(j)(5)(c) of CWA requires that these response plans shall:
"(i) be consistent with the requirements of the NCP, ACP or Integrated Contingency Plans;
"(ii) identify the qualified individual having full authority to implement removal actions, and require immediate communication between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to clause (iii);
"(iii) identify, and ensure by contract or other means approved by the President the availability of private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge;
"(iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or the facility and to mitigate or prevent the discharge, or substantial threat of a discharge;
"(v) be updated periodically; and
"(vi) be resubmitted for approval of each significant change."
Local Response Plans
Sections 301 and 302 of the Emergency Planning and Community Right-to-know Act [(EPCRA), which is Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III)] provide for the establishment of local emergency planning committees (LEPCs) within districts to facilitate the preparation and implementation of emergency plans.
State Response Plans
Sections 301 and 302 of the EPCRA provide for the establishment of a State Emergency Response Commission (SERC) for each state and the implementation of state emergency plans. State laws also require development of contingency plans. The Illinois Chemical Safety Act (ICSA) requires facilities to list chemicals in storage, the nature and circumstances of any release and requires the designation of an emergency coordinator. In Iowa, the Iowa Department of Agriculture and Land Stewardship (IDALS) has regulations governing containment for fertilizers and pesticides.
Area and Regional Contingency Plans
Section 300.210(b) of the NCP provides for the establishment of Regional Response Teams (RRTs) and sets their role in the implementation of Regional Contingency Plans (RCPs). The NCP, § 300.210(c), provides for the establishment of Area Committees (ACs) and implementation of ACPs. Region 7 has opted to integrate these requirements through an RICP. The Region 7 Inland Area is the same as the four-state Federal Region 7, and the members of the AC are the same as the RRT.
1. National Oil and Hazardous Substances Pollution Contingency Plan
Section 300.2 of the NCP lists the various Federal statutes that provide for the establishment of a National Response Team (NRT) and the implementation of the NCP. Region 7 has included a portion of the NCP as an appendix to its RICP.
2. Federal Response Plan
Certain elements of the Emergency Support Function #10- Hazardous Materials (ESF-10) Annex of the Federal Response Plan (FRP), which was created under the Robert T. Stafford Disaster Relief and Emergency Act (Public Law 93-288