Oil and Hazardous Substances Pollution/
Area Contingency Plan
| To Report Spills Call the National Response Center |
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| 24-hour phone: (800) 424-8802 National Response Center United States Coast Guard Headquarters Washington, DC |
| Regional Response Centers & Emergency Response 24-Hour Emergency Numbers | ||
|---|---|---|
| (312) 353-2318 U.S. Environmental Protection Agency Region 5 Waste Management Division Office of Superfund Emergency and Enforcement Response Branch 77 West Jackson Boulevard Chicago, Illinois 60604-3590 | (216) 522-3984 United States Coast Guard Ninth Coast Guard District Office 1240 East Ninth Street Cleveland, Ohio 44199-2060 |
(504) 589-6225 United States Coast Guard Eighth Coast Guard District Office Director of Western Rivers Operations 501 Magazine Street New Orleans, Louisiana 70130-3396 |
|
Oil and Hazardous Substances Pollution/ |
Section 1: Introduction
Section 2: Command
Section 3: Operations
Setion 4: Planning
Section 5: Logistics/p>
Section 6: Finance
APPENDIX I: JURISDICTIONS IN REGION 5
APPENDIX II: FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBES IN REGION 5
APPENDIX III: CURRENT MEMBERS OF STANDING RRT
APPENDIX IV: WORST-CASE DISCHARGES IN REGION 5
APPENDIX V: SHORELINE CLEANUP GUIDELINE MATRICES
APPENDIX VI: OPTIONS FOR MINIMIZING ENVIRONMENTAL IMPACTS OF FRESHWATER SPILL RESPONSE ACTIONS
APPENDIX VII: CHEMICAL USE CHECKLIST
APPENDIX VIII: IN SITU BURNING OF OIL
APPENDIX IX: FISH AND WILDLIFE ANNEX
APPENDIX X: STATE HISTORIC PRESERVATION OFFICERS IN REGION 5
APPENDIX XI: ECONOMICALLY AND ENVIRONMENTALLY SENSITIVE AREA INDICES
APPENDIX XII: CONTINGENCY PLANNING
APPENDIX XIII: STATE EMERGENCY INFORMATION
APPENDIX XIV: ALTERNATIVE RESPONSE TOOL EVALUATION SYSTEM (ARTES)
APPENDIX XV: ACRONYMS
In accordance with the provisions of the Federal Water Pollution Control Act of 1972 as amended by the Clean Water Act of 1977, and Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, a National Oil and Hazardous Substances Contingency Plan was developed by the United States Environmental Protection Agency (U.S. EPA). Section 300.41 of the National Contingency Plan states that Regional Contingency Plans shall be prepared for each standard Federal region. The Region 5 Oil and Hazardous Materials Contingency Plan has been developed with cooperation of all designated Federal Agencies and State governments. This plan provides a mechanism for coordinating responses to releases of oil or hazardous materials within the States of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin, and within the Tribal lands of the 31 Federally recognized Native American Tribes in Region 5.
This plan is effective upon receipt and supersedes the previous plans* in their entirety. Changes to this plan will be noted and consecutively numbered. Comments and recommendations regarding this plan should be addressed to U.S. EPA Region 5. Requests for amendments and changes will be addressed during regularly scheduled RRT meetings.
Copies of this plan may be obtained from:
U.S. Environmental Protection Agency
Office of Superfund (HSE-5J)
77 West Jackson Boulevard
Chicago, IL 60604
Richard Karl, Chief Captain Thomas Daley
Emergency Response Branch Chief, Marine Safety Division
U.S. Environmental Protection Agency U.S. Coast Guard
Region 5 Ninth Coast Guard District
Co-Chair, Region 5 RRT Co-Chair, Region 5 RRT
* Note: This plan incorporates and supersedes US EPA Region 5 Inland Plan.
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Area Contingency Plan: As provided for by Sections 311(a)(19) and (j)(4) of CWA, means the plan prepared by an Area Committee that is developed to be implemented in conjunction with the NCP and RCP, in part to address removal of a worst case discharge and to mitigate or prevent a substantial threat of such a discharge from a vessel, offshore facility, or onshore facility operating in or near an Area designated by the President.
coastal waters: As defined in the NCP, for the purposes of classifying the size of discharges, the waters of the coastal zone except for the Great Lakes and specified ports and harbors on inland rivers. Precise boundaries are identified in U.S. Coast Guard/U.S. Environmental Protection Agency agreements, Federal Regional Contingency Plans and Area Contingency Plans.
coastal zone: As defined in the NCP, all United States waters subject to the tide, United States waters of the Great Lakes, specified ports and harbors on inland rivers, waters of the contiguous zone, other waters of the high seas subject to the NCP, and the land surface or land substrata, ground waters, and ambient air proximal to those waters. The term coastal zone delineates an area of Federal responsibility for response action. Precise boundaries are determined by U.S. EPA/USCG agreements and identified in Federal Regional Contingency Plans. No ports or harbors are designated in Region 5.
discharge: As defined by Section 311(a)(2) of CWA, includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of oil, but excludes discharges in compliance with a permit under Section 402 of the CWA, discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under Section 402 of the CWA, and subject to a condition in such permit, or continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under Section 402 of the CWA, that are caused by events occurring within the scope of relevant operating or treatment systems. For purposes of the NCP, discharge also means substantial threat of discharge.
drinking water supply: As defined by Section 101(7) of CERCLA, means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act, 42 U.S.C. et seq.) or as drinking water by one or more individuals.
economically sensitive areas: Those areas of explicit economic importance to the public that due to their proximity to potential spill sources may require special protection and include, but are not limited to: public water supplies, publicly managed use areas, and Tribal use areas.
Emergency Planning and Community Right-to-Know Act (EPCRA): Title III Section 300. of SARA; created a system of State and local planning agencies for chemical emergencies and provided a way for communities to gain information about potential chemical hazards. EPCRA's mandates cover three main topics: emergency planning, emergency notification requirements, and requirements for reporting hazardous chemical inventories.
environmentally sensitive areas: Areas identified as a priority for protection and special attention during cleanup in the event of a pollution incident. Designations of types of areas considered to be sensitive can be found in 1) the U.S. Fish and Wildlife Annex (Appendix IX) and 2) the Guidance for Facility and Vessel Response Plans Fish and Wildlife and Sensitive Environments, published by Department of Commerce/National Oceanic and Atmospheric Administration. In addition to this definition, Area Committees may include any additional areas determined to be "sensitive." These areas are mapped in Region 5 and are available on paper and CD-ROM as a companion to this Plan. 4202.(a)(4)(B)(ii)
hazardous substance: As defined by section 101(14) of CERCLA, any substance designated pursuant to section 311(b)(2)(A) of the CWA; any element, compound, mixture, solution, or substance designated pursuant to section 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S. C. 6901 et seq.] has been suspended by Act of Congress); any toxic pollutant listed under section 307(a) of the CWA; any hazardous air pollutant listed under section 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture with respect to which the U.S. EPA Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act (TSCA). This term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and does not include natural gas, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and synthetic gas).
inland waters: As defined in the NCP, for the purposes of classifying the size of discharges, means those waters of the United States in the inland zone, waters of the Great Lakes, and specified ports and harbors on inland rivers.
inland zone: As defined in the NCP, means the environment inland of the coastal zone excluding the Great Lakes and specified ports and harbors on inland rivers. The term inland zone delineates an area of Federal responsibility for response action. Precise boundaries are determined by U.S. EPA/USCG agreements and identified in Federal regional contingency plans.
Local Emergency Planning Committee (LEPC): A group of local representatives appointed by the State Emergency Response Commission (SERC) to prepare a comprehensive emergency plan for the local emergency planning district, as required by the Emergency Planning and Community Right-to-know Act (EPCRA), Title III Section 301(c) of SARA.
National Oil and Hazardous Substances Pollution Contingency Plan (NCP): As required by section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9605, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub. L. 99-499, collectively called (CERCLA), and by section 311(d) of the Clean Water Act (CWA), 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990 (OPA), Pub. L. 101-380, the NCP provides nationwide organizational structure and procedures for responding to discharges of oil and releases of hazardous substances, pollutants and contaminants. In Executive Order (E.O.) 12777 (56 FR 54757, October 1991), the President delegated to the Environmental Protection Agency (EPA) the responsibility for the amendment of the NCP in coordination with members of the National Response Team (NRT) as well as the Federal Emergency Management Agency (FEMA) and the Nuclear Regulatory Commission to avoid inconsistent or duplicative requirements in the emergency planning responsibilities of those agencies.
National Pollution Fund Center (NPFC): As defined by Section 7 of Executive Order 12777, the NPFC is the entity established by the Secretary of the Department of Transportation whose function is the administration of the Oil Spill Liability Trust Fund (OSLTF). This includes access to the OSLTF by Federal Agencies, States, and designated trustees for removal actions and initiation of natural resource damage assessments, as well as claims for removal costs and damages.
Natural Resource Trustees: Officials representing State, Tribal, Federal, and foreign governments who are authorized to act pursuant to section 107(f) of CERCLA, section 311(f)(5) of the CWA, or section 10006 of the OPA when there is injury or threat to natural resources, including their supporting ecosystems, as a result of a release of a hazardous substance or a discharge of oil. Natural resources means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources.
navigable waters: As defined by 40 CFR 110.1, the term navigable waters includes: (a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (b) Interstate waters, including interstate wetlands; (c) All other waters such as intrastate lakes, rivers, streams, mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) That are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; (3) That are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as navigable waters under this Section; (e) Tributaries of waters identified in (a) through (d) of this definition, including adjacent wetlands; and (f) Wetlands adjacent to waters identified in (a) through (e) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. Water of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other Federal Agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with U.S. EPA.
oil: As defined by Section 311(a)(1) of CWA, means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil, as defined by Section 1001 of OPA means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged oil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under paragraphs (A) through (F) of Section 101(14) of CERCLA (42 U.S.C. 9601) and which is subject to the provisions of that Act.
Oil Spill Liability Trust Fund (OSLTF): As defined by the NCP, means the fund established under Section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. Section 9509).
On-Scene Coordinator (OSC): As defined by the NCP, means the Federal official predesignated by U.S. EPA or USCG to coordinate and direct responses, or the government official designated by the lead agency to coordinate and direct removal actions under the NCP. In certain site-specific situations, DOD or DOE may also act as OSC.
Region 5 Integrated Contingency Plan (ICP): Developed to fulfill the requirements of the NCP for both the RCP and Area Contingency Plans (ACP), as well as relevant portions of the Federal Response Plan (FRP), particularly Emergency Support Function #10 for Hazardous Materials (ESF #10)
Regional Oil and Hazardous Substances Pollution Contingency Plan (RCP): As provided for by Section 300.210 (b) of the NCP, and under the auspices of the Regional Response Team (RRT), the RCP is the mechanism for planning and coordinating regional preparedness and response actions for discharges of oil and releases of hazardous substances.
Regional Response Team (RRT): As defined in the NCP, the regional response organization (consisting of a representative from each State in the region and representatives from 15 Federal Agencies) which acts as a regional body responsible for regional planning and coordination of preparedness and response actions involving oil and hazardous materials. The RRT coordinates assistance and advice to the OSC in the event of a major or substantial spill. State Emergency Response Commission (SERC): As provided in SARA Section 301.(a), an individual or group of officials appointed by the State governor to implement the provisions of EPCRA (see above). The SERC coordinates and supervises the work of the Local Emergency Planning Committees and reviews local emergency plans annually.
Tribal Emergency Response Commission (TERC): A group of officials appointed by Native American governing bodies to implement the provisions of Title III of SARA.
used oil: Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.
waste oil: For the purposes of this Plan waste oil is any oil that has been refined from crude oil, or any synthetic oil, that has been physically or chemically contaminated as a result of a spill.
wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include playa lakes, swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet meadows, prairie river overflows, mudflats, and natural ponds (40 CFR 112.2[y]).
worst case discharge: As defined by section 311(a)(24) of the CWA, means, in the case of a vessel, a discharge in adverse weather conditions of its entire cargo and, in the case of an offshore facility or onshore facility, the largest foreseeable discharge in adverse weather conditions.
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SECTION 1: INTRODUCTION
1.1: IntroductionThis Region 5 Oil and Hazardous Substances Integrated Contingency Plan (ICP) is intended for use by local, Tribal, State, and Federal emergency response personnel as a tool for procuring resources to respond to an oil or hazardous materials incident. It outlines the response mechanisms that would be activated among the various levels of the response community in the event of an emergency situation. It is not intended to displace local emergency response plans, but rather it is intended to coordinate with local plans and build on the mechanisms set forth in State plans.
The Federal On-Scene Coordinator (OSC) is the link between local and State emergency response communities and Federal response efforts.
This ICP outlines:
(a) the types of assistance available to Federal OSCs from Regional Response Team (RRT) member agencies during response actions, and
(b) the cooperative response that should be carried out by OSCs during response actions.
The plan also includes resource information from governmental, commercial, and other sources that may be utilized during a response.
This plan has been organized to follow the structure of the Incident Command System (ICS), as outlined in the Integrated Contingency Plan guidance developed by the National Response Team (NRT), but this will be appended by reference in this plan.
This plan combines the response authorities relevant for both oil and hazardous materials. Although these releases and the related contingency planning are regulated separately under the Oil Pollution Act of 1990 (OPA) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), there is significant overlap in the type and scope of relevant information. In order to minimize confusion and maximize resources, the two plans are combined herein. In order to meet some of the requirements of OPA, subarea plans are being developed separately, but will be referenced in this ICP.
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The purpose of this combined ICP is to fulfill the requirements of
Sections 300.210(b) and (c), of the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), and Section 311(j)(4) of the Clean Water Act
(CWA) as well as relevant portions of the Federal Response Plan (FRP),
particularly Emergency Support Function #10 Hazardous Materials (ESF #10). The
ICP is designed to coordinate timely and effective response among
· local, Tribal, and State officials;
· private industry;
· OSCs;
· Remedial Project Managers (RPMs);
· various Federal Agencies; and
· other organizations
to minimize damage resulting from releases of oil or hazardous
substances, pollutants, or contaminants.
The objective of this plan is to describe response protocols and assist in providing a coordinated response capability in the event of a release or spill that poses a threat to the environment or to human health and welfare. The initial actions taken by the OSC and/or other appropriate personnel should be to determine whether proper response actions have already been initiated.
In general, if the party or parties responsible for the release or spill do not take appropriate actions, or if the party or parties responsible for the release or spill are unknown, the local response community or State agencies will become involved. If Federal assistance is requested or required, the OSC shall respond, implement provisions of the NCP and applicable agency guidance, and coordinate activities as outlined in this ICP.
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The RCP is developed pursuant to Section 300.210 of the NCP. The NCP is required by Section 105 of CERCLA, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), by Section 311(d) of CWA, as amended by OPA. The ESF 10 components of this plan are required by the Robert T. Stafford Disaster Relief and Emergency Act (Public Law 93-288), as amended. The RCP is applicable to response actions taken pursuant to the authorities under CERCLA, Section 311 of CWA, and OPA. The NCP requires establishment of RRTs, which are responsible for Regional planning and preparedness activities before response actions, and for providing advice and support to the RRT when activated during a response.
The ACP is required by Section 311(j)(4) of CWA, and is written in conjunction with the NCP and CERCLA.
To accomplish the coordinated planning structure envisioned under OPA, Section 4202(a) of OPA requires the President to designate specific Areas for which Area Committees are established. Each Area Committee, under the direction of an OSC, must prepare and submit to the President for approval an ACP that, in conjunction with the NCP, is adequate to remove a worst case discharge from a vessel or facility operating in or near that Area.
Through Executive Order 12777, the President delegated to the Administrator of the United States Environmental Protection Agency (U.S. EPA) responsibility for designating the Areas and appointing the committees for the inland zone as designated in the NCP. The Administrator further delegated this authority to the U.S. EPA Regional Administrators, and designated the 10 pre-existing RRT areas as the Areas for OPA planning purposes. U.S. EPA Region 5, which consists of Illinois, Indiana, Minnesota, Michigan, Ohio, and Wisconsin, is one Area. Establishment of the Area Committee is required by Section 311(j)(4) of CWA.
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This ICP:
(a) expands upon planning and response requirements set forth in the NCP,
(b) augments coordination with local and State authorities, and
(c) integrates existing local, Tribal, State, and private sector plans for the Area.
The U.S. EPA Region 5 RCP/ACP has been developed in coordination with the NCP and the United States Coast Guard (USCG) area plans. The Ninth Coast Guard District is covered by eight area contingency plans, seven of which are in Region 5. Each plan covers the coastal zone of the corresponding Marine Safety Office (MSO). Each USCG area contingency plan is developed by an area committee chaired by the respective Coast Guard Captain-of-the-Port.
USCG's eight area contingency plans cover, in part, how to respond to an oil or hazardous substance spill in the coastal zone of the Great Lakes and the connecting channels. This includes the identification, prioritization, and cleanup strategies for sensitive areas; and identification of contractors and equipment.
While U.S. EPA has chosen to combine its Area Contingency Plan for Region 5 into the existing Regional Contingency Plan to produce this joint document, the USCG's seven area contingency plans are separate documents, which are compatible with and may be used in conjunction with this ICP for spills which impact both the inland and coastal zones.
The ACP referred to in this Plan is the U.S. EPA Inland Plan unless otherwise stated. This plan applies to the Region 5 RRT (RRT5) member agencies and covers:
(a) discharge or threats of discharge of oil into or upon navigable waters of the United States and adjoining shorelines or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States;
(b) releases or substantial threats of release of hazardous substances into the environment; and
(c) releases or substantial threats of release of pollutants or contaminants that may present an imminent and substantial danger to public health or welfare in the States of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin, and in the lands of the Federally recognized Native American Tribes in Region 5.
The ICP, when implemented in conjunction with other provisions of the NCP, shall be adequate to remove a worst case discharge and to mitigate or prevent a substantial threat of such a discharge.
The RCP portion of this plan covers response for all of Region 5. The ACP portion of this plan covers the inland portion only. Thus, when reading the plan, if the jurisdiction falls in the coastal zone, the spill will fall under the responsibility of the Coast Guard and will only be subject to the RCP components of this plan. If a jurisdiction is in the inland zone, both ACP and RCP components of this plan apply.
Certain groups of counties have been or will be designated as sub areas of the ACP and will be appended to the plan. They are chosen based on criteria for threat (proximity to large bodies of fresh water, number of facilities) and need for greater jurisdictional coordination. They may also contain portions of other adjacent areas to provide for a coordinated plan for spills affecting certain boundary locations.
See Appendix I for coastal zone boundaries.
See Appendix I for the jurisdictions in Region 5.
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Section 311(j)(4)(C)(viii) of CWA requires that the ACP be updated periodically by the Area Committee. For national consistency, it has been determined that the ACP will be updated annually for 5 years, starting January 1, 1995, and once every 5 years thereafter. The document may be updated more frequently, as policy changes require.
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1.6. CONSISTENCY WITH STATE, TRIBAL, AND FEDERAL STATUTES
Planning and response protocols and decisions may be subject to existing statutes (e.g., radiological emergencies that involve response by various agencies; disposal restrictions for oiled debris; compliance with the Endangered Species Act; State, Tribal, and Federal authorities to protect cultural and historic resources). RRT representatives will assist the OSC by involving the appropriate regulatory staffs.
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SECTION 2: COMMAND
2.1: IntroductionIt is the policy of the RRT that response actions on non-Federal lands should be monitored or implemented by the most immediate level of government with authority and capability to conduct such activities. The first level of response will generally be the responsible party (RP), followed by local government agencies, followed by State agencies when local capabilities are exceeded. When incident response is beyond the capability of the State response, U.S. EPA or USCG is authorized to take response measures deemed necessary to protect the public health or welfare or the environment from discharges of oil or releases of hazardous substances, pollutants, or contaminants. The need for Federal response is based on evaluation by the Federal OSC.
2.1.1. Response to Public Safety and Property Threats Caused by Spills
When a spill poses public safety and property threats via potential fires, explosions, toxic clouds, or other means, local officials are usually in command of the incident. The party responsible for the incident is required to cooperate with and aid the local police and fire agencies. At some facilities, the responsible party conducts the response; at other facilities and in transportation incidents where the responsible party may not have the specialized capability to address an incident, public agencies direct the response. If highly specialized activities such as off-loading tank cars or repackaging hazardous chemicals are required, the responsible party may implement the actions under the general direction of the local public safety commander.
In most States, the role of State agencies in public safety response
during the early stages of an incident is to provide technical advice to local
commanders as soon as possible. During major incidents, State and
Federal authorities may be able to provide additional assistance to the local
commander at the spill scene by:
· conducting sampling and analysis of chemicals,
· providing specialized contractors or equipment, or
· providing detailed advice or other supporting functions.
Seldom will State or Federal authorities assume command from a local fire or police commander for short-term, on-site, public-safety-related issues.
2.1.2. Response to Environmental and Health Threats Caused by Spills
A number of State and Federal programs require parties who are
responsible for a spill to investigate and remedy all related environmental and
health threats. Often these actions include activities on properties owned by
third parties or public agencies. The actions usually begin somewhat later
than the public safety protection response, but can continue for a much
longer period. The actions may include, but are not limited to:
· placing containment and recovery booms and pads,
· sampling runoff and rivers,
· excavating soil,
· sampling smoke,
· performing hydrogeological investigations,
· wildlife rescue and rehabilitation,
· closing drinking water intakes, and
· providing an alternate water supply.
Sometimes a responsible party is unable or unwilling to undertake
adequately or quickly the environmental and health protection actions required by State
or Federal authorities. In those cases, State or Federal authorities can
assume a more direct role. Usually this is done through investigation or
cleanup contractors using governmental funds, such as State or Federal
Superfunds or the Oil Spill Liability Trust Fund (OSLTF). The costs of these direct
government actions will usually be recovered later from the responsible party.
The decision to assume governmental control of environmental and health
followup of an incident is dependent on:
· the ability and willingness of the responsible party to respond effectively,
· the severity of the incident,
· the cost and duration of required actions, and
· the resources available to the various levels of government.
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2.2. INCIDENT COMMAND PROTOCOL/LIAISON
Federal law requires implementation of a site-specific incident command system by the senior emergency response official at all emergencies involving hazardous substances (29 CFR 1910.120 (q) and 40 CFR 311). The specific regulatory language suggests a seniority hierarchy increasing from local to State to Federal levels. Often the senior local or State official assumes command because they are most familiar with the resources immediately available. At the same time, it must be recognized that local, Tribal, State, and Federal responders are charged by law with specific authorities and responsibilities in certain emergency situations that cannot be subsumed. This protocol does not commit any parties adopting it to do anything not already required by Federal law.
An Incident Command System (ICS) shall be established at all incidents involving spills of oil or hazardous
substances1 by the senior on-scene official of the first response organization to arrive at an incident. The ICS should be based on the organization, terminology, and procedures recommended by the National Fire Academy2 and applied in a broad sense to include all hazard control and mitigation response organizations, including responsible parties; private responders; and local, Tribal, State, and Federal Agencies. Each participating entity is required by Federal law to implement an intra-organizational ICS and integrate it with the overall ICS (29 CFR 1910.120, 40 CFR 311, or 30 CFR 154).A Unified Command System (UCS) consisting of the responsible party and senior competent local, Tribal, State, and Federal emergency response officials at the site may be the preferred approach to integrating several levels of government into an ICS. A UCS is a type of ICS in which parties with jurisdiction command by agreeing on objective priorities and response strategies.
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2.2.1. Single Jurisdictional Area Affected
When an incident involves and affects only a single geographical jurisdiction (e.g., within the boundaries of a city or county), the organizational structure of the ICS will be determined by the established local contingency plan. It may involve one or more agencies. In all situations, one person shall act as either Incident Commander (IC) in sole charge of the ICS, or as Operations Chief to implement the action plan of a Unified Command.
In such instances, responding State and Federal officials who might otherwise be considered the senior competent emergency response official at the site shall:
(1) identify themselves to the IC and integrate themselves into the established ICS per the IC's direction, usually as a technical specialist to an operations group supervisor or as an operations group supervisor; or
(2) join the existing Unified Command or request that the IC establish a Unified Command; or
(3)assume the Incident Commander role:
· when required by Federal or State law, or
· when an existing IC agrees to such a transition, or
· when no ICS has been established.
The protocols for ICS transfer of command or initial assumption of command shall be used.
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2.2.2. Multiple Jurisdictional Areas Affected
When the incident involves and affects multiple local geographical jurisdictions or areas not covered by local emergency response organizations, the State or Federal competent senior official at the site shall:
(1) preferably join an existing Incident Command or Unified Command as in subsection 2.2.1 (above); or
(2) establish a Unified Command as an encompassing ICS if none exists; or
(3) assume Incident Command and establish an ICS incorporating existing local efforts as operations section branches or as otherwise appropriate.
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2.2.3. Local, Tribal, State, and Federal Interaction
When not specifically prescribed, a Unified Command consisting of senior competent local, Tribal, State, and Federal emergency response officials at the site shall be the preferred approach to integrating several levels of government into an ICS. Where State law specifies incident command assignment, it shall take precedence over this protocol with respect to those State and local organizations to which it applies. Federal jurisdiction specified in CERCLA, OPA, or other sections of this RCP/ACP shall take precedence over this protocol.
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2.2.4. Seniority
For purposes of this plan, Seniority, as discussed in 29 CFR 1910.120(q)(3)(i)3, is ranked according to competency and breadth of responsibility.
Competency will be determined by meeting the requirements of 29 CFR 1910.120 (q)(6)(v).4 All officials meeting the competency criteria are senior to those who do not, unless specifically assigned overriding authority applicable to the specific incident situation by State or Federal law.
Breadth of responsibility will be considered to increase from the local to the State to the Federal level. However, this protocol encourages the establishment of the ICS at the most local level practicable to assure the earliest implementation of a unified response strategy.
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2.2.5. Post-Emergency Operations
This protocol is intended to apply only during the emergency phase of a response to which 29 CFR 1910.120(q) applies. However, use of an ICS throughout a response and cleanup is encouraged.
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1 The definition of hazardous substances used by the Occupational Safety and Health Administration (OSHA) is broader than the CERCLA definition used throughout this document.
2One set of common terminology and procedures is vital to the efficient functioning of an ICS in an emergency. The response management system recommended for use in the National Response Team (NRT) Integrated Contingency Plan (ICP) is the ICS of the National Interagency Incident Management System (NIIMS). NIIMS ICS is a nationally recognized system currently in use by numerous local, State, and Federal organizations. USCG has adopted this Unified Command System (UCS) protocol.
329 CFR 1910.120 (q)(3)(i): "The senior emergency response official responding to an emergency shall become the individual in charge of a site-specific Incident Command System (ICS). All emergency responders and their communications shall be coordinated and controlled through the individual in charge of the ICS assisted by the senior official present for each employer.
"NOTE to (q)(3)(i): The `senior official' at an emergency response is the most senior official on the site who has the responsibility for controlling the operations at the site. Initially it is the senior officer on the first-due piece of responding emergency apparatus to arrive on the scene. As more senior officials arrive (e.g., battalion chief, fire chief, State law enforcement official, site coordinator), the position is passed up the line of authority which has been previously established.
4 29 CFR 1910.120 (q)(6)(v):
"On-scene incident commander. Incident
commanders, who will assume control of the
incident scene beyond the first responder
awareness level, shall receive at least 24 hours
of training equal to the first responder awareness level and in addition
have competency in the following areas and the employer shall so certify:
(a) Know and be able to implement the employer's incident response system.
(b) Know how to implement the employer's incident response system.
(c) Know and understand the hazards and risks associated with employees working
in chemical protective clothing.
(d) Know how to implement the local emergency response plan.
(e) Know of the State emergency response plan and of the Federal Regional
Response Team.
(f) Know and understand the importance of decontamination procedures."
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The focus of local responders is usually directed toward abating immediate public safety threats. The degree of local response will depend upon the training and capabilities of local responders relative to the needs of the specific emergency. In some cases this may be using hazard awareness training knowledge to identify the nature and scope of the hazard. This information is then passed on to State and Federal responders who are activated to address the situation with specific expertise and/or capabilities. Often local agencies take mitigating actions of a defensive nature to contain the incident and protect the public. In many instances, responsible parties or local agencies are capable of aggressive response and quick abatement of immediate hazards. Usually in these cases, local authorities rely on State and Federal responders to assure that cleanup is complete and remediation is technically sufficient.
A major role of local organizations during all emergency incidents is providing security for onscene forces and equipment. For large incidents, help is often requested through State emergency management agencies. This includes establishing local liaison with hospital, emergency services, and police personnel, as well as restricting entrance to hazardous areas to only essential personnel.
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The Governor of each State in Region 5 is requested to designate a lead
agencythat will direct State-lead response operations. This agency is responsible for
designating the lead State response actions and coordinating/communicating
with any other State agencies,as appropriate (NCP 300.180). Each Governor
will also designate a representative for the State on the RRT. Each State
representative may participate fully in all activities of the RRT. The State RRT
representatives are expected to coordinate with the State Emergency Response
Commissions (SERCs¾in Wisconsin, the State Emergency Response Board, or SERB)
in their States in order to communicate and coordinate preparedness and
preresponse planning activities between the State and the RRT. State and local
government agencies are encouraged to coordinate with:
· State contingency planning efforts for response to oil and
hazardous material events,
· this plan, and
· requirements of SARA Title III.
Section 311(j)(4) of CWA calls for inclusion of local, Tribal, and State representatives on the Area Committee. In U.S. EPA Region 5, this has been only partially accomplished through the designation of the RRT as the Area Committee.
Each State in Region 5 has a State disaster plan and laws that specify that State's authority and organization for a technical response to environmental emergencies. All States can provide technical expertise to assess environmental and public health threats and damage, as well as to advise local responders. In specific circumstances, States may provide additional response capabilities in the form of contractors and funding.
The following are summaries of emergency preparedness measures for lead agencies for each State in Region 5.
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2.4.1. ILLINOIS
2.4.1.1. Emergency Response to Oil Spills and Hazardous Materials Incidents
The Illinois Environmental Protection Agency (IEPA) provides the
designated RRT member for Illinois. To prevent and abate
environmental pollution, IEPA has various responsibilities for responding to
environmental emergencies within the State or its adjoining waters. IEPA is
the State's lead agency for developing plans and coordinating action
before, during, and after certain emergency situations, including:
· emergencies involving waste management;
· emergencies involving public water supplies;
· spills of oil or hazardous materials upon waters or lands of the State; and
· releases of harmful quantities of toxic substances to the atmosphere.
Within IEPA, the Emergency Response Unit (ERU) of the Office of
Chemical Safety has the responsibility for coordinating the agency's
response and ensuring appropriate cleanup of any subsequent environmental
contamination. ERU collects information about environmental
emergencies and responds directly and/or notifies other divisions within IEPA of
needed action. Technical expertise is provided to first responders and
public officials, addressing such issues as:
· the physical, chemical, and toxicological characteristics of the materials involved;
· effective response and treatment actions; and
· precautions to be taken to prevent further injury or damage to public health or the environment.
2.4.1.2. Other Agencies' Responsibilities and Requirements
(a) Illinois Emergency Management Agency (IEMA): coordination and communications center for Illinois State agencies and is in overall command of emergency government efforts during major multijurisdictional disaster responses. IEMA is also the SERC designated pursuant to SARA Title III.
(b) Illinois Department of Nuclear Safety: incidents involving radioactivity, whether in transport or at nuclear power plants or other facilities.
(c) Illinois Department of Mines and Minerals: initial investigation of incidents involving crude oil and natural gas production sites, unless waters of the state are being impacted (then IEPA).
(d) Illinois State Fire Marshal: incidents involving underground storage tanks (USTs); this responsibility is shared with IEPA. Has the authority to require equipment inspection and testing.
(e) Illinois Commerce Commission: incidents involving railroad transport with respect to authority over the use, movement, and compliance of railroad equipment with U.S. Department of Transportation (DOT) regulations.
The llinois 24-hour spill notification number is to the Illinois Emergency Management Agency 217-782-7860 (800-782-7860 in Illinois). The office hours phone is 217-782-3637. After office hours call IEMA to get our Duty Officer.
(f) Illinois State Police: transportation incidents involving DOT Hazardous Materials, enforcement of DOT shipping regulations, traffic control, and security.
(g) Illinois Department of Conservation: assessment of natural resource damage in incidents involving serious environmental injury, such as fish kills and oiled waterfowl.
Other agencies serve a secondary role and provide technical support and resources as needed; however, they do not generally maintain an emergency response capability for onscene response: the Departments of Agriculture, Public Health, and Energy and Natural Resources; the Office of the Attorney General; and other human service agencies that might be involved with evacuees, should a prolonged incident occur requiring relocation of the general public.
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2.4.2. INDIANA
2.4.2.1. Emergency Response to Oil Spills and Hazardous Materials Incidents
The Indiana Department of Environmental Management (IDEM)
provides the designated member of the RRT for Indiana and is the
lead agency for the State in addressing spills, providing a 24hour
response capability. IDEM must provide technical assistance to the
responsible party and the responding personnel and ensure compliance with
the Indiana spill regulation and other pertinent State and Federal rules
and regulations. Technical assistance takes the form of:
· chemical identification, handling, and hazard information;
· evaluation of the threat to environmental and public safety;
· personal protection recommendations;
· containment and cleanup methods; and
· resource identification and location.
On large spills, or where the spiller fails to respond adequately, IDEM staff respond onsite to assist in the response effort, assuming the role of State OSC if necessary.
During a response, staff of the Emergency Response Section (ERS) of IDEM assume the role of technical advisors and provide onscene assistance to the responsible party, and to individuals or agencies involved in the response. On occasion, ERS staff have assumed a role that would appropriately be called OSC. However, if a structure (e.g., ICS) exists within a local or County jurisdiction that provides an OSC and that OSC is being utilized, ERS staff will provide assistance to that OSC.
Once the immediate threat to public health and the environment has been relieved, the incident is further stabilized and cleaned up under ERS supervision. Rule 327 IAC 26.1, Spills: Reporting, Containment, and Response, requires that the spiller report to IDEM and perform a spill response. A spill response means that a spill is contained and free material is removed or neutralized. Disposal of recovered material that is classified as waste is referred by ERS staff to appropriate personnel in the Office of Solid and Hazardous Waste Management. ERS staff may then conduct a followup investigation to ensure that material has been disposed of properly and the cleanup is acceptable.
Spills can be reported 24-hours-a-day at 888-233-7745.
2.4.2.2. Other Agencies' Responsibilities and Requirements
The role of liaison between a spiller and the different program areas of IDEM is perhaps the greatest benefit that ERS can provide to those involved in a spill. This role can also extend to other State agencies and other response organizations. State agencies include:
(a) State Emergency Management Agency (SEMA): SEMA is the lead planning agency for coordinating man-made and natural disasters. SEMA also provides an alternate member for the RRT.
(b) Office of the State Fire Marshal (OSFM): OSFM responds to fire and explosion hazards from hazardous materials incidents.
(c) Office of the Indiana State Chemist (OISC): OISC provides technical guidance regarding agricultural chemical incidents including fertilizers and pesticides. It also conducts investigations of improper application of regulated agricultural chemicals.
(d) Department of Natural Resources (DNR), Fish and Wildlife Division: DNR Conservation Officers conduct investigations to assess damages to natural resources such as fish kills.
(e) DNR, Oil and Gas Division (O & G): DNR O & G regulates oil production facilities, including operation, maintenance, construction, and abandonment of oil wells and associated equipment.
(f) Indiana State Police (ISP): ISP investigates transportation incidents involving DOT hazardous materials, enforces DOT shipping regulations, and provides traffic control and site security.
(g) Indiana State Department of Health (ISDH): ISDH is the lead agency for releases of radiological and etiological materials. They also provide technical guidance to IDEM regarding health issues and advisories.
(h) Indiana Department of Transportation (INDOT): INDOT usually provides traffic control for major transportation incidents involving releases of petroleum and hazardous materials. ERS also coordinates with other program areas within IDEM as well as local response agencies such as fire departments, hazardous materials teams, sheriffs' departments, local emergency planning committees (LEPCs), emergency management agencies, county health departments, and county highway departments.
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2.4.3. MICHIGAN
2.4.3.1. Emergency Response to Oil Spills and Hazardous Materials Incidents
Michigan's representation on RRT5 comes from the Michigan Department of Environmental Quality (MDEQ). MDEQ is the primary environmental emergency response agency in the State in all non-agricultural-related spills. Recent legislation has designated the Michigan Department of Agriculture (MDA) as the primary response organization, in close association with MDEQ, in spills involving agricultural chemicals.
Staff of MDEQ can be notified of oil and hazardous materials incidents via the Pollution Emergency Alert System (PEAS) at (800) 292-4706 (in-state) or (517) 373-7660.
MDEQ has approximately 19 full-time equivalent field positions available to respond to complaints and environmental emergencies. Most of these positions are located in the nine Field Operations Districts operated by MDEQ, which are situated throughout the State. The primary response role of MDEQ is one of technical advisor. These personnel are responsible for complaint investigation and emergency spill response and generally oversee the environmental aspects of spill containment, control, and mitigation. Appropriately trained staff within MDEQ can provide hands-on response with absorbents and skirt boom if the situation requires this type of response. It is anticipated, however, that all "first responder" response will be conducted by local units of government and the various Hazardous Material Response Teams located throughout the State, although predominantly in the lower third of the peninsula.
Environmental mitigation associated with material spills will generally be conducted by the RP. If the RP cannot be identified or is reluctant to adequately address mitigation needs, the State can hire contractors to perform the mitigation. A limited amount of money is available through funds administered by the MDEQ Environmental Response Division. The State can also access the Federal fund administered under OPA in accordance with Federal guidelines and regulations.
Michigan has a responder immunity act.
MDEQ, in conjunction with the Department of Attorney General, is the designated Natural Resources Trustee for the State.
2.4.3.2. Other Agencies' Responsibilities and Requirements
(a) Michigan State Police (MSP): The MSP Emergency Management Division (EMD) serves as the designated emergency/disaster response coordination agency for the State and as the primary State contact point in the event of a declared disaster resulting in the activation of the State Emergency Management Plan.
(b) Michigan Department of Agriculture (MDA): MDA is the lead agency in spill responses involving agricultural chemicals and/or fertilizers.
(c) Michigan Emergency Response Commission (MERC): MERC is the primary coordination agency and liaison with the local Emergency Planning Commissions throughout the state. MERC is co-chaired by MSP-EMD and MDEQ.
(d) Michigan Department of Natural Resources (MDNR): MDNR is the lead agency for the State in decisions involving fish and wildlife issues during a spill response working cooperatively with the MDEQ State OSC.
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2.4.4. MINNESOTA
2.4.4.1. Emergency Response to Oil Spills and Hazardous Materials Incidents
The Minnesota Pollution Control Agency (MPCA) provides the designated member of RRT5 for Minnesota. MPCA is the primary State responder to spills and other emergencies involving hazardous materials (with the exception of incidents involving pesticides and fertilizers, which are under the jurisdiction of the Minnesota Department of Agriculture). All of the following information describing State emergency response therefore assumes MPCA actions for general hazardous materials incidents, but applies to the Department of Agriculture for all pesticide and fertilizer incidents.
Spills can be reported through the following telephone numbers: 651-649-5451 and 800-422-0798 (in-State long distance).
MPCA's Emergency Response Team (ERT) includes eight full-time ERT members whose primary duty is to monitor the cleanup of spills and other emergency situations that pollute or threaten to pollute surface or ground water. By default, they also respond to reports of other environmental emergencies (e.g., air releases, illegal hazardous waste disposal, tire dump fires). In addition to receiving release reports, the ERT may perform field inspections at spill sites, provide technical assistance to responsible parties, or carry out enforcement actions for violation of State laws and rules.
If necessary, ERT staff will proceed to the site to provide coordination and assistance in handling the emergency. This may include taking charge of the response if the responsible party is unknown or unavailable. In situations where public safety is the primary consideration, the ERT member does not take charge of the incident, but assists the fire chief or other public safety officials at the scene. This assistance may include emergency waiver or suspension of State laws and rules (e.g., allowing emergency wastewater discharges or burning of a spilled product in order to minimize overall environmental damage). The assistance may also include activation of contractors using State funds.
Minnesota Statute Chapter 115E requires companies handling oil and hazardous substances to act to prevent releases and to be prepared for releases they may have. Chapter 115E requirements are similar to OPA but cover protection of the public's safety and the environment, and pollution of the land, air, and waters of the State. A facility operator is to notify the Emergency Response Commission when their plan is completed, and must supply a copy upon request. ERT staff actively inspect the prevention capabilities and preparedness of major facilities, and will assist facility owners if requested. They conduct enforcement if the preparedness of a facility is found to be inadequate, especially if it contributed to a release or poor response.
Both Minnesota Statute Chapter 115E and State Superfund Chapter 115B contain language providing immunity to those responding to oil or hazardous substance discharges.
2.4.4.2. Other Agencies' Responsibilities and Requirements
The Department of Public Safety Division of Emergency Management (DEM) operates the 24-hour-per-day Duty Officer System to take incident reports for all State agencies. DEM also coordinates the actions of State agencies, including MPCA, Natural Resources, Transportation, Public Safety, and Health. DEM conducts training for State and local responders, and reviews County emergency plans. DEM and the State Fire Marshal contract with a number of local jurisdictions to provide hazardous materials assessment and response teams to the various regions of the State. The Emergency Response Commission conducts the Right-to-Know programs in the State.
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2.4.5. OHIO
2.4.5.1. Emergency Response to Oil Spills and Hazardous Materials Incidents
The Ohio Environmental Protection Agency (OEPA) is the designated representative of RRT5 for Ohio. OEPA is also the State agency charged with investigating releases of oil and hazardous substances from both fixed and mobile facilities. Ohio's spill response program is housed in the Emergency Response Unit (ERU), which is a part of the Division of Emergency and Remedial Response. This unit, which is responsible for receiving reports of releases to all environmental media, uses 15 spill responders to aid in chemical identification, containment, cleanup, public safety, and the identification of responsible parties. If a responsible party cannot be identified or is recalcitrant, the ERU can activate a level-of-effort contractor to initiate actions to contain or clean up the spill.
Spills can be reported 24-hours-a-day at 800-282-9378.
Ohio has enacted no laws specifically related to responder immunity in environmental emergencies but it has enacted both a Good Samaritan Statute and a "General Duty Clause" that applies to State employees.
2.4.5.2. Other Agencies' Responsibilities and Requirements
Several different State agencies have areas of expertise to contribute during a spill, and in the case of such an event, operate under a cooperative agreement that outlines the activities of the signatory agencies when a spill occurs. These agencies are:
· the Ohio Emergency Management Agency,
· the State Fire Marshal,
· the Department of Highway Safety,
· the Public Utilities Commission,
· the Department of Transportation,
· the Department of Health,
· the Department of Agriculture,
· the Department of Natural Resources, and
· OEPA.
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2.4.6. WISCONSIN
2.4.6.1. Emergency Response to Oil Spills and Hazardous Materials Incidents
The primary agency representative to the RRT for Wisconsin is the Wisconsin Department of Natural Resources (WDNR) and alternate representative agency is from Wisconsin Emergency Management (WEM). WDNR is responsible for developing and updating a State Contingency Plan addressing spill response. The agency is responsible for: receiving notifications of releases; identifying the responsible party; and ensuring that appropriate measures are being taken by the responsible party to address public safety; and contain, clean up, and remediate a release. When a responsible party is unknown, or unable or unwilling to take appropriate actions, a WDNR representative may activate a Zone Contractor to take necessary actions.
WEM administers the Emergency Planning and Community Right-To-Know Act (EPCRA) in the State, and also administers eight Level A Regional Hazardous Materials Response Teams. This agency also coordinates resources for overall emergency management and provides hazardous materials training classes for all levels of responders. WEM operates a 24-hour emergency hotline that has a voice prompt directing spill calls to WDNR. WEM also serves as the lead State agency for consequence management of terrorism events.
2.4.6.2. Other Agencies' Responsibilities and Requirements
(a) The Department of Health and Family Services (DHFS) is responsible for monitoring the effects of chemical spills on public health and for providing assistance to local public health authorities.
Spills can be reported to the WEM 24-hour emergency hotline at 1-800-943-0003
(b) The Department of Agriculture, Trade, and Consumer Protection (DATCP) responds to spills of agrichemicals and coordinates with WDNR on remediation issues.
(c) The Wisconsin State Patrol (WSP) enforces State hazardous materials transportation regulations and can be involved in the initial response to transportation-related spills.
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The Tribe is the designated natural resource trustee for Native American communities. Response capabilities of Tribes in Region 5 vary. When a Tribal representative is not available or if it is unclear if there are any potential Tribal impacts, the Bureau of Indian Affairs (BIA) should be consulted. Contact with BIA can be facilitated by notifying the DOI RRT representative.
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2.6.1. Statutory Authority
Section 104 of CERCLA as amended by SARA gives the Federal government the authority to respond to any hazardous substance released or to a substantial threat of a release into the environment or any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare and to remove or arrange to remove the hazardous substance, pollutant or contaminant or take any other response measure consistent with the NCP which is necessary.
Section 311 of CWA, 33 U.S.C. 1321, gives the Federal Government
the authority to respond to a discharge or substantial threat of discharge of oil
or a hazardous substance into or upon the navigable waters of the
United States, adjoining shorelines, or the waters of the contiguous zone. It
gives the President the authority to:
· remove or arrange for removal of a discharge and mitigate or prevent a substantial threat of a discharge at any time;
· direct or monitor all private, local, State, and Federal actions to remove a discharge; and
· if necessary, destroy by whatever means are available a vessel discharging, or threatening to discharge.
This authority is delegated to the Administrator of U.S. EPA, who has delegated it to the Regional Administrators of U.S. EPA, who then delegate that authority to OSCs. If a discharge or threat of discharge poses a substantial threat to public health or the welfare of the United States, the OSC shall direct all private, local, State, and Federal actions to remove the discharge or to mitigate or prevent the threat of discharge.
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2.6.2. Federal OSC Responsibilities
The Federal OSC directs Federal response efforts and coordinates all other Federal efforts at the scene of a discharge or release. The OSC may monitor local, Tribal, State, or private actions to remove a discharge, and may provide technical assistance to local, Tribal, State, or responsible party response personnel.
If a response action is being conducted through local, Tribal, State, or responsible party efforts, the OSC will ensure adequate oversight. If local, Tribal, or State agencies or the responsible party cannot or will not initiate action to eliminate the threat, or if the removal is not being conducted properly, the OSC should advise the government agency or responsible party and take appropriate actions to mitigate or remove the threat or discharge.
When the OSC has determined that a discharge poses or may present a substantial threat to public health or welfare, he/she is authorized by the NCP to direct all private, State, or Federal actions to remove the discharge or to mitigate or prevent the threat of such a discharge. In addition, the OSC may remove or arrange for the removal of the discharge or mitigate or prevent the substantial threat of the discharge; and may remove and, if necessary, destroy by whatever means available a vessel discharging, or threatening to discharge, without regard for any other provision of law governing contracting procedures or employment of personnel by the Federal Government (40 CFR 300.322).
Upon receipt of notification of a discharge or release, the OSC is
responsible for conducting a preliminary assessment to determine:
(a) threat to human health and the environment;
(b) the responsible party and its capability to conduct the removal; and
(c) feasibility of removal or the mitigation of impact.
OSC responsibilities in the event of a discharge or release include the following:
(a) Coordinate with appropriate Federal Agencies.
(b) Notify the appropriate State and Federal Agencies. OSC notification responsibilities are discussed in further detail in subsection 2.10 of this plan (p. 31).
(c) Determine whether proper response actions have been initiated. If the party responsible for the release or spill does not act promptly in accordance with the directions of the OSC or does not take appropriate actions, or if the party is unknown, the OSC shall respond in accordance with provisions of the NCP and agency guidance, and coordinate activities as outlined in this ICP.
(d)Collect information concerning the discharge or release:
· its source and cause;
· potentially responsible parties;
· the nature, amount, location, direction, and time of discharge;
· pathways to human and environmental exposure;
· potential impact on human health, welfare, and safety, and the environment;
· possible impact on natural resources and property;
· priorities for protecting human health and welfare and the environment; and
· estimated cost for the response.
(e) Coordinate his/her efforts with other appropriate Federal, State, and local agencies.
(f) Consult with and inform the RRT members of reported discharges and releases through Pollution Reports in Message Format (POLREPs). (See Figure 2-1, p. 34)
(g) Consult with the appropriate Regional or District office regarding situations potentially requiring temporary or permanent relocation. In the event of a declared Federal disaster, coordinate with the Federal Emergency Management Agency (FEMA) Federal Coordinating Officer (FCO) as appropriate.
(h) Implement appropriate community relations activities.
(i) Address worker health and safety issues prior to and during a response operation, and comply with all worker health and safety regulations.
(j) Coordinate with the Agency for Toxic Substances and Disease Registry (ATSDR), as deemed necessary, regarding possible public health threats.
(k) Coordinate with the U.S. EPA Office of Radiation and Indoor Air (ORIA) and the Department of Energy (DOE) in emergencies involving radiological hazards.
As requested by the NRT or RRT, the OSC shall submit to the RRT a complete report on the removal operation and the actions taken. The report shall record:
· the situation as it develops,
· the actions taken,
· the resources committed, and
· the problems encountered.
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2.6.3. Regional Response Team (RRT)
The RRT is reponsible for regional planning and preparedness activities,
as well as for coordination of assistance and advice to the OSC during
site-specific incidents. The Co-Chairs of the Region 5 RRT are the Chief of
the Emergency Response Branch, U.S. EPA Region 5; and the Chief of the
Marine Safety Division, Ninth Coast Guard District. The RRT membership
includes representatives from each State appointed by the Governor, and
the designated regional representatives of the following Federal Agencies:
· the Department of Agriculture (USDA),
· the Department of Commerce (DOC),
· the Department of Defense (DOD),
· DOE,
· FEMA,
· the General Services Administration (GSA),
· the Department of Health and Human Services (HHS),
· the Department of the Interior (DOI),
· the Department of Justice (DOJ),
· the Department of Labor (DOL),
· the Nuclear Regulatory Commission,
· the Department of State (DOS),
· the Department of Transportation (DOT),
· USCG, and
· U.S. EPA.
Federal RRT member agencies have duties established by Statute or Executive Order that may apply to Federal response actions following or in prevention of a discharge of oil or a release or threat of release of a hazardous substance, pollutant, or contaminant. The RRT also functions as the Area Committee for Inland Region 5.
The principal components of the RRT are a standing RRT and incident-specific RRTs. The standing RRT consists of designated representatives from each participating Federal Agency listed above and each State. Each incident-specific RRT is formed from the standing team when the RRT is activated for a response, and consists of representatives of appropriate local governments, State agencies, and Federal Agencies.
Each member agency should designate one member and at least one alternate member to the standing RRT. Agencies whose regional subdivisions do not correspond to the standard Federal Regions may designate additional representatives to the standing RRT to ensure appropriate coverage of the standard Federal Region. Federally recognized Native American Tribal governments may arrange for representation on the RRT. Other interested parties may attend and observe RRT meetings. The usual process by which the RRT reaches its decisions is by consensus. However, in instances where a decision is reached by means of a vote, the voting capacity of each Federal member agency and other RRT member organizations is limited to one vote per member agency or organization.
The first Federal official affiliated with an RRT agency to arrive at the scene of a discharge or release, provided they have the proper training, should coordinate activities under the NCP, this RCP/ACP, and agency guidance until the predesignated OSC is available. That Federal official should consult directly with the predesignated OSC regarding any necessary initial actions. Fund-financed operations must be authorized by the OSC prior to implementation.
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2.6.3.1. STANDING RRT
The role of the standing RRT includes communications and procedures planning, coordination, training, evaluation of responses, preparedness, and related activities on a Region- and Area-wide basis. These activities include, but are not limited to the following:
(a) Providing resources, upon request, for response to major discharges or releases inside the Region or outside the Region;
(b) Providing technical assistance for preparedness and conducting and participating in as necessary training and exercises to encourage preparedness activities of the response community within the Region (Region 5 will participate in one exercise per year);
(c) Reviewing and updating the ICP;
(d) Discussing, modifying, and adopting procedures to enhance the various aspects of response coordination between local, Tribal, State, Regional, and Federal response efforts;
(e) Reviewing and commenting, where practicable, on local emergency response plans (required by SARA, Title III). Such reviews are conducted upon the request of a Local Emergency Planning Commission (LEPC), forwarded to the RRT by a SERC. The standing RRT may also review and comment on other issues concerning the preparation or implementation of related response plans;
(f) Providing guidance to Area Committees, as appropriate, to ensure interarea consistency and consistency of individual ACPs with the RCP and NCP;
(g) Reviewing, evaluating, and commenting on Regional and local responses to discharges or releases, and recommending improvements, as appropriate;
(h) Encouraging the State and local response communities to improve preparedness for response;
(i) Planning for use of dispersants, surface collection agents, burning agents, biological additives, or other chemical agents, as appropriate; and, upon request, approving chemicals and techniques for response, following established procedures;
(j) Meeting three times annually, rotating meetings among States, to review response actions, address preparedness and pre-response activities, and consider changes to the RCP;
(k) Providing reports on RRT activities to the NRT twice a year, no later than January 31 and July 31;
(l) Integrating, to the extent possible, ongoing planning and preparedness activities with RRT preparedness initiatives, and all RRT agencies;
(m) Recommending revisions of the NCP to the NRT, based on observations of response operations;
(n) Evaluating the preparedness of the participating agencies and the effectiveness of Federal response to discharges and releases;
(o) Preparing an annual work plan to coordinate emergency response and preparedness activities; and
(p) Coordinating planning and preparedness with RRTs in adjacent Regions.
To carry out the preparedness and planning charge of the RRT, a steering committee, with representatives of Co-Chairs and volunteers from member agencies and States, has been established to identify and facilitate implementation of preparedness and pre-response responsibilities. Work groups will be established as projects and particular work efforts are identified. The necessity of the work groups shall be reevaluated annually.
A list of the current members of the Region 5 standing RRT is provided in Appendix III.
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2.6.3.2 INCIDENT-SPECIFIC RRT
An incident-specific RRT is formed from the standing team each time the RRT is activated for a response. It consists of representatives of local and Tribal governments and the appropriate State and Federal Agencies described in subsection 2.6.3.
Appendix I contains a discussion of the U.S. EPA and USCG jurisdictions in Region 5.
An incident-specific RRT has one Chair, the Regional Co-Chair from the agency providing the Federal OSC/RPM for the response to the incident. The standing RRT Co-Chairs may designate other U.S. EPA and USCG employees to act as Co-Chair. The role of the incident-specific team is determined by the operational requirements of the response to a specific discharge or release. Participation is relative to the technical nature and geographic location of the discharge or release.
The incident-specific RRT Chair coordinates with the RRT membership and the OSC/RPM for the incident to determine the appropriate level of RRT member activation. Member agencies and States participating with the RRT must ensure that designated representatives or alternates can function as resource personnel for the OSC/RPM during incident-specific events.
When activated, members of an incident-specific RRT may:
(a) Provide resources and special or technical expertise;
(b) Provide advice and recommend courses of action for consideration by the OSC;
(c) Advise the OSC/RPM on the duration and extent of Federal response and recommend to the OSC/RPM specific actions to respond to a discharge or release;
(d) Request other Federal, State, or local government or private agencies to provide resources under their existing authorities to respond to a discharge or release or to monitor response operations;
(e) Recommend a change of OSC/RPM to the RRT Co-Chairs, if circumstances warrant (e.g., substantial movement of the pollution into the predesignated area of another OSC lead agency);
(f) Ensure continual communication with the National Response Center (NRC) as significant developments occur; and
(g) Monitor and evaluate reports from the OSC/RPM.
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2.6.3.3. ACTIVATION OF THE INCIDENT-SPECIFIC RRT
An incident-specific RRT will be activated during any discharge or release upon a request from the OSC or from any RRT representative to a Co-Chair of the RRT when a discharge or release:
(a) exceeds the response capabilities available to the OSC in the place where it occurs;
(b) transects State, Regional, or international boundaries;
(c) poses a substantial threat to public health, welfare, or to the environment, or to Regionally significant amounts of property; or
(d) is a worst case discharge.
Requests for RRT activation shall subsequently be confirmed in writing. Local requests for RRT activation must be made through the State RRT member. The various levels of activation can be found in the NCP. An incident-specific RRT activation may take place by telephone or by assembly.
Levels of activation are:
(1) Alert: Notification of RRT members that an incident has occurred.
(2) Standby: Notice to some or all RRT members that their services may be needed and that they are to assume a readiness posture and await further instructions. Notice may be given by phone.
(3) Partial: Notice to selected RRT members that their services are required in response to a pollution incident. The activation notice will specify the services requested and the services that will be required. The initial activation notice may be provided by telephone.
(4) Full: Notice to all RRT members (with the exception of representatives of nonaffected States) that their services are requested in response to a pollution incident. The activation notice will specify the services being requested from each RRT member. The services of some members may be limited to advising the OSC on general matters. The initial activation notice may be provided by telephone.
The RRT can be deactivated by the Chair, when the Chair determines that the OSC no longer requires RRT assistance. The time of deactivation shall be included in a POLREP.
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2.6.4. Federal Agency Responsibilities
The Federal Agencies listed in this section have duties established by statute, executive order, or Presidential directive which may apply to Federal response actions following, or in prevention of, the discharge of oil or release of a hazardous substance, pollutant, or contaminant. Some of these agencies also have duties relating to the rehabilitation, restoration, or replacement of natural resources injured or lost as a result of such discharge or release. It is recognized that Native American authorities, responders, and communities are entitled to the same cooperation and protection arrangements as the States.
Federal Agencies should plan for emergencies and develop procedures for addressing oil discharges and releases of hazardous substances, pollutants, or contaminants from vessels and facilities under their jurisdiction, custody, or control. Appropriate Federal RRT members or their representatives should provide OSCs/RPMs with assistance from their respective agencies, commensurate with agency responsibilities, resources, and capabilities within the Region. During a response action, the members of the RRT should seek to make available the resources of their agencies to the OSC/RPM. Specifically, member Federal Agency responsibilities include the following:
(a) Informing the RRT of changes in the availability of their response resources;
(b) Reporting discharges and releases from facilities or vessels under their jurisdiction or control;
(c) Making necessary information available to the RRT and OSCs; and
(d) Providing representatives to the RRT and otherwise assisting RRT and OSCs in formulating RCPs.
Following is a list of Federal Agencies and their responsibilities and functions.
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2.6.4.1. DEPARTMENT OF AGRICULTURE
The U.S. Forest Service is the designated USDA representative to the RRT. USDA maintains a Regional Emergency Team in each of the 10 Standard Federal Regions to provide liaison and coordination with Federal Agencies operating on a Regional basis. Regional Emergency Teams are composed of representatives of USDA agencies having essential emergency functions at the Regional level. These are:
Forest Services (FS): Responsible for prevention and control of fires in rural areas, in cooperation with State Foresters and appropriate Federal Agencies; and emergency production, availability, and utilization of timber and timber products in cooperation with the Department of Commerce. The agency has capabilities to provide emergency communications systems, specialized aircraft, and human support facilities for large groups of people, and has specially trained incident management teams.
Food and Nutrition Service (FNS): Through the Food Distribution Program, provides food as emergency assistance to disaster victims. In appropriate emergency situations, FNS will authorize State agencies to issue food stamps based on emergency procedure.
Food Safety and Inspection Service (FSIS): Tests meat and poultry products for the presence of violative drugs, chemical residues, and other adulterants.
Agricultural Stabilization and Conservation Service (ASCS): In cooperation with the Forest Service, Soil Conservation Service, and the U.S. Army Corps of Engineers, is responsible for emergency plans and preparedness programs for food processing, storage, and distribution through the wholesale level.
Animal and Plant Health Inspection Service (APHIS): Provides expertise on plant and animal diseases and health.
National Agricultural Statistics Service: Serves as a source of data on crops, livestock, poultry, dairy products, and labor. State Statistical Offices collect and publish local information on these topics.
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2.6.4.2. DEPARTMENT OF COMMERCE
DOC, through the National Oceanic and Atmospheric Administration (NOAA), has three roles within Region 5:
Scientific Support Coordinator (SSC): In accordance with the NCP, the SSC provides scientific advice to support the Federal OSC in operational decisions that will protect the environment effectively, mitigate collateral harm, and facilitate environmental recovery. The SSC advises on other technical issues (as requested by the OSC) after consulting with the appropriate NOAA hazardous materials (HAZMAT) resources or other Federal, State, or academic networks. This includes considering advice from the trustee agencies (including the NOAA HAZMAT RRT member), and any divergent opinions.
National Resource Trustee: The Secretary of Commerce acts as trustee for natural resources managed or controlled by DOC, including their supporting ecosystems. 40 CFR 300.600(b), (b)(1). Pursuant to the Great Lakes Critical Programs Act of 1990, 33 USC 1268 (Great Lakes Act), and the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 (Great Lakes Water Quality Agreement), the United States, in part through DOC, manages and/or controls the water and sediments of the Great Lakes System.
The Secretary of Commerce also acts as trustee for natural resources managed or controlled by other federal agencies that are found in, under, or using waters navigable by deep draft vessels, tidally influenced waters, or waters of the contiguous zone, the exclusive economic zone, and the outer continental shelf. Therefore, all federally managed or controlled resources that are found in those waters, such as water and sediments that form navigation channels and that are managed, controlled, and maintained by the Army Corps of Engineers, and the fisheries that are controlled by the Food and Drug Administration through derivation of action levels, fall within DOC trusteeship. Similarly, the water and sediment of the Great Lakes System are within the administrative jurisdiction of the United States, and are federally managed or controlled pursuant to the Great Lakes Act and the Great Lakes Water Quality Agreement.
The Secretary has delegated his authority to act as trustee to the Administrator of NOAA. Pursuant to these delegations, NOAA has trusteeship for the water, sediment, and the biological resources, of the Great Lakes and their supporting ecosystems. The NCP also cites as examples of DOC trusteeship the following natural resources and their supporting ecosystems: migratory birds, anadromous fish, and endangered species and marine mammals. 40 CFR 300.600(b)(1), (b)(2).
Under OPA and the NCP, NOAA has specific responsibilities as a natural resource trustee that include:
(a) Receiving notification of potential or actual spills threatening NOAA resources;
(b) Being consulted on the preparation of the fish and wildlife and sensitive environments annex (this includes concurring on specific countermeasures or removal actions during the contingency planning phase);
(c) Being consulted on removal actions during an incident; and
(d) Implementing damage assessment activities.
All of these activities are intended to minimize impacts and to restore the environment.
RRT Member: Has the primary goal to support the appropriate RRT Co-Chair who supports the Federal OSC by providing advice and resources that will protect the environment effectively, mitigate collateral harm, and facilitate environmental recovery. Carries out this goal by:
(a) serving as an access point to other DOC resources and expertise, usually outside NOAA HAZMAT, that have primary roles in carrying out NOAA's trusteeship role during spills;
(b) representing DOC in carrying out its policy responsibilities (such as trusteeship);
(c) helping the NOAA SSC provide technical assistance, if needed; and
(d) representing NOAA HAZMAT at meetings where the SSC cannot be present.
This member can provide:
· scientific expertise on living aquatic resources for which DOC is responsible;
· current and predicted meteorological, hydrologic, ice, and limnologic conditions;
· charts and maps; and
· communication services to the general public, various levels of government, and the media via its NOAA weather wire and NOAA weather radio systems.
These roles are the responsibility of all DOC representatives, whether from NOAA HAZMAT, NOAA National Marine Fisheries Service (NMFS), or NOAA National Weather Service (NWS).
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2.6.4.3. DEPARTMENT OF DEFENSE
DOD, consistent with its operational requirements, may provide assistance in critical oil and hazardous materials incidents, in the maintenance of navigation channels, and in removal and salvage of navigation obstructions. DOD will provide the OSC and RRT Chair for releases occurring on DOD property or facilities.
U.S. Army Corps of Engineers (USACE): Has specialized equipment and personnel for maintaining navigation channels, for removing navigational obstructions, for accomplishing structural repairs, and for performing maintenance to hydropower electric generating equipment. USACE can also provide design services, perform construction, and provide contract writing and contract administration services for other Federal Agencies.
U.S. Navy Supervisor of Salvage (SUPSALV): Is knowledgeable and experienced in ship salvage, shipboard damage control, diving, and has equipment for salvage-related and open-sea pollution incidents.
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2.6.4.4. DEPARTMENT OF ENERGY
DOE provides the designated OSC/RPM for responses to releases on or from any facility or vessel under its jurisdiction. DOE administers, implements, and coordinates the Federal Radiological Monitoring and Assessment Center (FRMAC). Under the Federal Radiological Emergency Response Plan (FRERP), DOE provides advice and assistance to the RRT regarding the identification of the source and extent of radioactive contamination, and removal and disposal of radioactive releases.
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2.6.4.5. FEDERAL EMERGENCY MANAGEMENT AGENCY
FEMA requires the development, evaluation, and exercise of all-hazard contingency plans for all FEMA-funded jurisdictions at the State and local levels. SARA Title III plans are often annexes of the all-hazard plan. FEMA monitors and provides technical assistance regarding public sector emergency response training and planning for incidents involving hazardous materials. In a response, FEMA provides advice and assistance to the lead agency on coordinating relocation assistance and mitigation efforts with other Federal Agencies, State and local governments, and the private sector.
If the President declares a disaster or emergency, FEMA coordinates all Federal assistance, including temporary housing. The OSC coordinates with the Federal Coordinating Officer in situations where both authorities are active.
FEMA's National Emergency Support Team and Regional Emergency Response Teams provide coordination of Federal response in situations of unique national significance, such as commercial nuclear power plant or nuclear weapons accidents and catastrophic natural disasters.
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2.6.4.6. GENERAL SERVICES ADMINISTRATION
GSA, upon request, provides expedited logistical and
telecommunications support to Federal Agencies that are members of the NRT.
The support includes, but is not limited to,
· provision of space,
· transportation,
· telecommunications,
· supplies, and
· procurement-related services.
Services may be furnished through GSA personnel who are located at the scene of the oil or hazardous material release, or at their regular duty stations, depending on the specific requirements of the Federal OSC or the emergency situation. Expenses incurred by GSA in providing requested assistance to other agencies must be reimbursed.
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2.6.4.7. DEPARTMENT OF HEALTH AND HUMAN SERVICES
HHS assists with the assessment, preservation, and protection of human health and helps ensure the availability of essential human services. HHS provides technical and nontechnical assistance in the form of advice, guidance, and resources to other Federal Agencies, as well as to State and local governments.
The principal HHS response comes from the U.S. Public Health Service (PHS). Within PHS, the primary response to hazardous materials emergencies comes from ATSDR and the Centers for Disease Control (CDC). Both ATSDR and CDC have 24-hour emergency response capability whereby scientific and technical personnel are available to provide technical assistance to the lead Federal Agency and State and local response agencies on human health threat assessment and analysis, and exposure prevention and mitigation. Such assistance is used in situations requiring evacuation of affected areas, dealing with human exposure to hazardous materials, or advice on mitigation and prevention.
Agency for Toxic Substances and Disease Registry: ATSDR is the lead Federal public health agency for hazardous material incidents under CERCLA. Two ATSDR representatives are assigned to each U.S. EPA Region to assist in U.S. EPA/ATSDR communications. Regional representatives can also assist in emergency response events that involve RRT issues by coordinating with ATSDR headquarters Emergency Response and Consultation Branch and with the CDC RRT representative. Under CERCLA Section 104(i), ATSDR is required to:
(a) establish appropriate disease/exposure registries;
(b) provide medical care and testing of exposed individuals in public emergencies;
(c) develop, maintain, and provide information on health effects of toxic substances;
(d) conduct research to determine relationships between exposure to toxic substances and illness;
(e) develop guidelines, with U.S. EPA, for toxicological profiles for hazardous substances; and
(f) develop educational materials for health professionals related to health effects of toxic substances.
Additionally, ATSDR operates a 24-hour phone line to address public health issues.
Centers for Disease Control and Prevention: CDC takes the lead during oil releases regulated under CWA and OPA. PHS has designated the CDC representative to the RRT. This person is responsible for coordinating all public health responses on the Federal level and for coordinating all responses with State and local health agencies.
Other PHS agencies involved in support during hazardous materials incidents, either directly or through ATSDR/CDC, include the Food and Drug Administration (FDA), the Health Resources and Services Administration, the Indian Health Service, and the National Institutes of Health (NIH).
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2.6.4.8. DEPARTMENT OF THE INTERIOR
DOI can provide information concerning the lands and resources specifically under DOI jurisdiction, as well as offer technical expertise related to geology, hydrology, minerals, fish and wildlife, cultural resources, and recreation resources. Under Executive Order 12580, DOI is designated by the NCP as a Federal Trustee for Natural Resources.
DOI has direct jurisdiction for protection of resources on its own lands, as well as trustee responsibilities for certain natural resources, regardless of location. The DOI natural resource trusteeship that extends beyond DOI site boundaries includes migratory birds, anadromous fish, and endangered/threatened species and their critical habitat.
Bureaus may provide assistance in investigations to evaluate the magnitude and severity of discharges on or affecting facilities or resources under their jurisdiction, and may conduct activities as natural resource trustees as set forth in Subpart G of the NCP.
Bureaus may also provide:
· advice to the OSC/RPM when response operations are being performed that affect land, facilities, or natural resources under their management authority;
· technical assistance in disposal activities; however, lands under the jurisdiction of DOI (including certain municipal landfills) may not be utilized as disposal sites; or
· air and ground transportation support, and maintainenance of communications support.
Within the Department, individual bureaus and offices have specific responsibilities and capabilities as follows:
Office of Environmental Policy and Compliance (OEPC): The Regional Environmental Officer (REO) represents DOI on the RRT, and is responsible for coordinating RRT/DOI activities. The Regional Environmental Assistant (REA) provides support to the REO in planning and emergency response and acts for the REO when unavailable. The Regional Coordinator (RC) provides planning and natural resource damage assessment (NRDA) coordination. OEPC provides a number of services, including:
· presenting the DOI position on chemical countermeasure and in situ burn decisions,
· facilitating technical assistance requests from the OSC,
· supplying administrative details to secure response cost reimbursement approval from the OSC,
· initiation of natural resource damage assessments (NRDAs), and
· coordinating response between DOI Bureaus.
U.S. Fish and Wildlife Service (USFWS): Can provide responders with information concerning migratory birds, Federally listed threatened and endangered species and their designated critical habitat, certain anadromous fish, and certain Federal lands (National Wildlife Refuges, Waterfowl Production Areas, and National Fish Hatcheries), as well as technical assistance concerning the effects of oil on these resources. In addition, it will help coordinate wildlife rescue and rehabilitation efforts in conjunction with State natural resource trustee(s). The Service is responsible for assessing damages to natural resources as a result of releases of oil or hazardous substances into the environment, and issues Federal Migratory Bird and Eagle Permits to qualified individuals and/or organizations conducting wildlife collection, rescue, and rehabilitation operations related to oil spill incidents.
National Park Service (NPS): Provides expertise on historic, cultural, archeological, architectural, and recreational resources and sites on the National Register of Historic Places. NPS can also provide information on National Parks, National Recreation Areas, National Historic Sites,
DOI Bureaus can be contacted through the Regional Environmental Officer.
National Trails, Lake Shores, National Monuments, and Wild and Scenic Rivers listed on the Nationwide Rivers Inventory (NRI).
U.S. Geological Survey (USGS): Provides advice and information concerning geohydrologic, geologic, and geochemical data; ground and surface water data; and maps. USGS maintains stream flow gauges in every State and can provide historical stream flow information, assist in predicting the time/travel/trajectory of spills, and can collect and analyze surface and groundwater samples.
The Biological Resources Division performs research in support of biological resource management; inventories, monitors, and reports on the status and trends in the nation's biologic resources; and transfers the information gained to resource managers and others concerned with the care, use, and conservation of the nation's natural resources.
Bureau of Indian Affairs (BIA): Responsible for protecting and improving the trust resources of Native American Tribes and facilitating an active role in planning and response for Tribal governments as requested. BIA coordinates activities affecting Native American Tribal lands, and can provide assistance to the OSC in identifying Native American Tribal government officials. BIA can also assist in obtaining access to Tribal land areas as needed for response action and will coordinate with the incident Public Information Office Director to ensure pertinent information is made available to appropriate Tribal authorities on a timely basis.
Bureau of Land Management (BLM): Has expertise in minerals, soils, vegetation, archeology, and wildlife habitat, and may provide advice on response affecting lands or minerals administered by BLM. May also provide advice in the field of oil and gas drilling, production, handling, and transportation by pipeline.
All bureaus of the Department of the Interior may be contacted through the Regional Environmental Officer, the designated member of the RRT.
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2.6.4.9. DEPARTMENT OF JUSTICE
DOJ members of the RRT serve as representatives of the Department of Justice and not as legal counsel to the RRT or its member agencies. Although the DOJ representative to the RRT is not a substitute for member agencies' in-house counsel, the DOJ representative will be able to offer the advice, views, and expertise of the Department with respect to RRT's long-term planning and incident-specific functions.
As a consequence of DOJ's primary role as litigation counsel for the Federal Government and as legal counsel on enforcement and interagency matters, its participation in RRT activities will ordinarily focus on litigation concerns regarding response activities and interagency coordination. The DOJ representative might provide:
· general legal advice;
· review and comment on regional planning and procedural documents; and
· incident-specific assistance, including assigning staff attorneys when an incident may result in litigation or raise difficult issues of interagency coordination.
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2.6.4.10. DEPARTMENT OF LABOR
DOL, through the Occupational Safety and Health Administration (OSHA):
(a) conducts safety and health inspections at hazardous waste sites and during emergencies to ensure that employees are being protected and to determine compliance with its regulations, and
(b) provides the OSC/RPM with advice, guidance, and assistance regarding hazards to persons involved in removal or control of oil or chemical spills, and the precautions necessary to protect such persons' health and safety.
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2.6.4.11. NUCLEAR REGULATORY COMMISSION
The Nuclear Regulatory Commission (NRC) will:
(a) respond, as appropriate, to releases of radioactive materials by its licensees, in accordance with the NRC Incident Response Plan to monitor the actions of those licensees and assure that the public health and environment are protected and adequate recovery operations are instituted;
(b) keep U.S. EPA informed of any significant actual or potential releases in accordance with procedural agreements; and
(c) provide advice to the OSC/RPM when assistance is required in identifying the source or character of other hazardous substance releases where the NRC has licensing authority for activities utilizing radioactive materials.
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2.6.4.12. DEPARTMENT OF STATE
DOS will:
(a) lead in developing joint international contingency plans;
(b) provide assistance in coordination when a pollution release crosses international boundaries or involves foreign flag vessels; and
(c) coordinate requests for assistance from the Government of Canada and U.S. proposals for conducting research at incidents that occur in Canadian waters.
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2.6.4.13. DEPARTMENT OF TRANSPORTATION
DOT, through USCG, provides the Co-Chair of RRT5 and predesignated OSCs for the Great Lakes Coastal Zone and specified ports and harbors in Region 5. DOT also provides expertise regarding transportation of oil or hazardous materials. Through USCG, DOT:
(a) supplies expertise in the domestic/international fields of
· port safety and security;
· marine law enforcement, navigation, and construction; and
· manning, operation, and safety of vessels and marine facilities;
(b) maintains continuously manned facilities that are capable of command, control, and surveillance for oil or hazardous substances releases occurring on the waters of the United States, and may provide these services to the OSC.
DOT, through the Research and Special Programs Administration (RSPA), establishes oil discharge contingency planning requirements for pipelines, transport by rail and containers, or bulk transport of oil.