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Identify the purpose and the (4) general priorities of the NCP (40 CFR 300.105):
- The purpose of the NCP is to provide the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substance, pollutants, and their contaminants. Four general priorities are:
- Plan for emergencies and develop procedures for addressing oil discharges and releases oh hazardous substances, pollutants, or contaminants;
- Coordinate their planning, preparedness, and response activities with one another;
- Coordinate their planning, preparedness, and response activities with affected states, local governments, and private entities; and
- Make available those facilities or resources that may be useful in a response situation, consistent with agency authorities and capabilities.
Describe the authority a qualified FOSC-R has under the NCP (40 CFR 300.2):
Given authority under CERCLA and CWA and all their amendments. FOSCR has authority and responsibility for 1. Preparedness planning and coordination for response to oil or HAZMAT 2. Notification and communications 3. Response ops at scene 4. Make available facilities and resources that may be useful in response action
Identify the On-Scene Coordinator’s primary responsibilities (40 CFR 300.120): 300.120.
- The OSC/RPM directs response efforts and coordinates all other efforts at the scene of a discharge or release. Also may:
- Direct and coordinate response efforts O/S.
- Pre-designated by regional or district head of lead agency.
- Initiate federal-fund financed actions.
- Collect pertinent facts, identify RP.
- Determine impact on human health, and environmental health
- Cost documentation and recovery.
Identify the notification requirements outlined in the NCP (40 CFR 300.125):
NRC is continuously manned, 1-800 number (or special local # for TDD –for the deaf), collect calls accepted. NRC immediately relays to appropriate agency by fax/phone the report.
Identify the four phases of an oil spill incident or response (40CFR 300.300-315):
- Phase 1- Discovery or Notification
- Phase 2- Preliminary assessment and initiation of action
- Phase 3- Containment, countermeasures, clean-up, and disposal
- Phase 4- Documentation and cost recovery
Identify the phases of a hazardous substance incident (40 CFR 300.400-440):
- Removal site evaluation
- Removal action
- Remedial site evaluation
- Establish remedial priorities
- Remedial investigation
- Remedial design
- Planning offsite
Define the types of incidents over which the U.S. Coast Guard, the U.S. Environmental Protection Agency, the U.S. Department of Defense, and the U.S. Department of Energy have FOSC authority and responsibility (40 CFR 300.175):
- Discharge of oil and releases of hazmat.
- USCG – from vessels and facilities that threaten coastal zones, navigable waterways of United States.
- EPA – inland zones, and anytime remedial removal action is required.
- DOD/DOE – any facility or vessel that is operated under the jurisdiction, custody, or control of the DOD or DOE.
- DOD – removal response authority for military weapons and munitions.
Explain COTP authority to prevent access of personnel to vessels or waterfront facilities (33 CFR 6, 33 CFR 6.04-5): Super 6. Preventing access, etc.
Explain COTP authority to control vessel movement (33 CFR 6.04-6/8, 160.107/111): Super 6, specifically number 8, possession and control of vessels.
Explain COTP authority to control vessel and facility operations (33 CFR 160.113): The vessel operation and cargo transfer section of 33 CFR.
Explain COTP authority to enlist aid from other local and government agencies (33 CFR 6.04-11): May enlist the aid of other agencies…
Draft an Administrative Order as outlined in the Oil Pollution Act of 1990. (OPA 90):
Administrative Orders are used to document and mandate continuing policies, standards requirements, and procedures prescribed by the Office of the Secretary for Department-wide application or for application to two or more major program areas of the Department. The DAOs cover substantive program matters as well as administrative management, legal, or special staff functions.
List the factors for determining the size of a spill (Inland and coastal) – 40 CFR 300.5 definitions:
- Minor: inland waters less than 1,000 gallons/coastal less than 10,000
- Medium: inland waters 1,000-10,000 gallons/coastal 10,000-100,000
- Major: inland waters more than 10,000 gallons/coastal more than 100,000
Define the following characteristics which may be considered prior responding to a spill:
- Hazard Class: The category of hazard assigned to a hazardous material under the definitional criteria of part 173 of 49 CFR.
- 1. Explosives.
- 2. Flammable gas.
- 3. Flammable liquids.
- 4. Flammable solids.
- 5. Oxidizers.
- 6. Poisons.
- 7. Radioactive.
- 8. Corrosives.
- 9. Misc. ORM-D.
Define the following characteristics which may be considered prior responding to a spill:
- Reactivity: A substance’s tendency to undergo a chemical reaction by itself or with other materials with the release of energy.
- Physical state: Condition of a material. For example, solid, liquid, gas, at room temperature, etc.
- Specific Gravity: The ratio of the density of a substance to the density of a reference substance, at a specified temperature. Water = 1. Important in order to determine whether a given substance will float on top of the water or if it will sink to the bottom. Or a gas rise or sink.
- Vapor Density: The ratio of the formula mass of the compound to the average formula mass of the gases in air. Important in order to determine whether a given substance will float into the atmosphere or if it will stay close to the ground. Worker safety.
For a likely source of a spill in your AOR, Obtain the following local on-scene data, both currents and forcast:
- Tides and Currents: use msg traffic or NWS web sites, local knowledge (lifeguards, harbor masters, frequent flyers, etc.
- Wind Conditions: use msg traffic or NWS web sites, local knowledge (lifeguards, harbor masters, frequent flyers, etc.
- Temperature: use msg traffic or NWS web sites, local knowledge (lifeguards, harbor masters, frequent flyers, etc.
Plot a simple oil spill trajectory based on the data obtained in ET17:
Performance based. Done by NOAA or SSCs.
Determine the fate of a common oil (in your AOR) using SPEARS/ADIOS:
Performance based. Enter CHRIS code and the program automatically brings up specific gravity, viscosity, etc. Just enter weather, release rate and it does the plumes for you. Covers evacuation areas and covers air releases as well. MarPlot: the location of all facilities and the size of tanks and what’s in them. Very few units use the program because it takes too long to input information.
Create an air plume model for a common Hazardous Substance (in your AOR) using SPEARS/ALOHA:
Performance based. Not used by CG, but by the SSCs.
Identify the agency or agencies which may assist in determining the fate of an oil/hazardous substance spill in your AOR:
- NOAA, using computer based technology;
- Guam fire departments (hazmat teams).
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145):
National Strike Force (NSF): The national strike force is a special team established by the USCG, including the three USCG Strike teams, the PIAT, and the NSFCC. Assist OSCs/RPMs in their preparedness and response duties.
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145): National Strike Force Coordination Center: (Elizabeth City, NC)
Technical assistance equipment and other resources to OSC, coordinating the use of private aqnd public resources, review of ACP, including evaluation of equipment readiness and coordination among responsible public agencies and private orgs, assistance in locating spill resources for response and planning, using NSFCC national and int. computerized inventory of spill response resources to find resources. Coordinate Pollution response exercises and inspect pollution equipment from district. Also, OSROs are organized through the NSFCC. In order to be an OSRO, the organization must provide list of all equipment for classification by the NSFCC. The NSFCC has the master list of all equipment everywhere. That’s the primary benefit of the NSFCC to field units.
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145):Strike Teams:
(Atlantic, Gulf, and Pacific). Provide trained personnel and specialized equipment to assist the OSC in training for spill response, stabilizing and containing the spill, and in monitoring or directing the response actions of the responsible parties and/or contractors. The OSC has a specific team designated for initial contact and may contact that team directly for any assistance.
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145): Public Information Assist Team (PIAT):
- Element of the NSFCC staff which is available to assist OSCs to meet the demands for public information during a response or exercise. Its’ use is encouraged any time the OSC requires outside public affairs support. Requests for PIAT assistance are made through NSFCC or NRC.
- Scientific Support Coordinator (SSC) 40 CFR 300.145(c): Designated by the OSC as the principal advisors for scientific issues, communication with the scientific community and coordination or requests for assistance from state and federal agencies regarding scientific studies. NOAA coastal, EPA inland. Responsible for providing scientific support for operational decisions and for coordinating on-scene scientific activity. Help RRT by preparing regional and area contingency plans.
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145): Environmental Response Team (ERT) 40 CFR 300.145(b):
The Environmental Response Team is recognized as a vital link in the U.S. Environmental Protection Agency’s (EPA) battle to remediate and limit environmental damage to air, land, and water, and evaluate threats to human health. Established in 1978 under the Clean Water Act and mandated as one of the Special Forces under the National Contingency Plan (NCP), the ERT, a branch within the EPA’s Office of Solid Waste and Emergency Response (OSWER), is comprised of a group of EPA technical professionals, who provide the EPA Regional and Headquarters Offices, U.S. Coast Guard, District Offices, Federal, State, local Agencies, and foreign governments, experienced technical and logistical assistance in responding to environmental emergencies such as oil or hazardous materials spills, and the characterization and clean up of hazardous waste sites.
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145): Navy Supervisor of Salvage (SUPSALV):
SUPSALV has an extensive salvage/search and recovery equipment inventory with the requisite knowledge and expertise to support operations including specialized salvage, firefighting, and petroleum, oil and lubricants offloading capability. OSC may request assistance from SUPSALV.
24. Describe each of the following special teams available to assist the FOSC. Include the type of services they provide, the equipment and/or personnel they may bring to a response, and how they are accessed when needed (40 CFR 300.145): The National Response Center (NRC):
located in USCG Headquarters, acts as the single point of contact for all pollution incidents reporting, and as the NRT communications center. Notice of discharge or release must be made to NRC. Oil discharge/release of hazardous substances < or = RQ must be reported immediately via phone. (33CFR153.B, 40CFR302). Gives us the ability to do major conference calls, use translators, tap into a wealth of phone numbers and talk to live watch standers (10 in daytime, 3 at night).
Describe the type of support which might be offered during a pollution incident by the following agencies: Department of Health and Human Services (HHS) 40 CFR 300.175(a)(8):
Biological, Chemical and Radiological Weapons, Bioterrorism, Disasters and Emergencies, Emergency Medical Services, Environmental Disasters, Risk Communication Resources, Safety of the Water Supply, Mental Health and Traumatic Events, Natural Disasters/Extreme Weather, Homeland Security. U.S. Public Health Service, Centers for Disease Control, etc.
Describe the type of support which might be offered during a pollution incident by the following agencies: Agency for Toxic Substances and Disease Registry (ATSDR) 40 CFR 300.175(a)(8)(i):
- Assigns public health advisors to cover each EPA region, whom have a wide range of expertise in health-related problems, available to assist CG. Assessing public health threats posed by incidents, provide advice on the adequacy of personnel protection measures, investigate health complaints, provide advice on the need to relocate nearby residents, and coordinate the appropriate health response with public health agencies and the private medical community. Also, provide info on location and availability of labs, consultants, hospitals, treatment facilities, occupational health and safety for contingency plans. Coord center in Atlanta GA.
- NOTE: CDC takes the lead for oil/petroleum under OPA and CWA and ATSDR takes lead for hazmat under CERCLA.
Describe the type of support which might be offered during a pollution incident by the following agencies. The National Oceanic and Atmospheric Administration (NOAA) 40 CFR 300.145(c)(1):
Provide the SSCs, which augment local scientific teams in a response. They serve under the OSC providing scientific support for operational decisions, coordinating on scene scientific activity and leading scientific support teams. Mitigation strategies, spill trajectory modeling, assessment and advice on the nature of oil in different conditions, PR help, cleaning and treatment for animals, field station monitoring, contingency planning. Regional Contingency plan should identify SSCs.
List the federal and state agencies involved with pollution response in your AOR. Specifically identify those represented on the RRT (40 CFR 300.115):
- Federal: EPA, NOAA, USN, USAF
- State: GEP, GPD, PFD
Describe the responsibilities and abilities of the RRT and other federal or state agencies which might be involved with pollution response (40 CFR 300.115):
- Regional planning and coordination of preparedness and response actions is accomplished through the RRT. Guidance to area committee to ensure inter-area consistency and consistency of individual ACPs with the RCP and NCP. Two principle components are a standing team, which consists o designated representatives from each participating federal agency, state governments, and local governments, and incident specific teams formed from the standing team when the RRT is activated for a response. EPA and USCG act as co-chairs of RRTs except when the RRT is activated. Each participating agency should designate one member to RRT. Federal RRTs provide OSC with assistance from their federal agencies with agency responsibilities, resources, and capabilities. Evaluate regional and local response plans, revisions to NCP. RRT activated when response exceeds capabilities or OSC, trance-sects state boundaries, substantial threat to public health or welfare. Environment, worse case discharge.
- SPECIAL NOTE: In order to use dispersants, the FOSC must get authority/permission from RRT.
Describe the FOSC’s public information responsibilities during a pollution response and summarize the Commandant’s public affairs policy (40 CFR 300.155):
- Give public prompt, accurate information on the nature of the incident and the action undertaken to mitigate damage.
- Public and private interests must be kept informed.
- Joint information center during distress.
- Head of lead agency heads on-scene news office.
- For community relations see (300.415, 430, 435).
- Comdt. Policy :
- Maximum disclosure with minimum delay. Public Affairs is a command responsibility.
- CO can release info. Be proactive! Withhold info if classified, privacy act, trade secret, inter/intra agency info/invasion of personal privacy, jeopardize judicial proceeding or LE, etc.
Describe the requirements and contents of a Facility Response Plan 33 CFR 154.1030 and 33 CFR 154.1035:
The owner or operator of any non-transportation-related onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines shall prepare and submit a facility response plan to the RA with the following sections:
Emergency Response action plan:
- Identity and phone number of QI
- Individuals and organizations to call in case of spill
- Information to pass to response personnel if discharge
- Response equipment and its location
- Response personnel capabilities
- Evacuation plans
- Secure source discharge / provide adequate containment and drainage of discharged oil
- Diagram of facility
- Facility Information (location and type, tenure of owner, QI’s)
- Emergency Response Info
- Private personnel and equip necessary to remove the maximum extent practicable a worst case discharge.
- Contracts or means to prove availability of such personnel and equip.
- Numbers of individuals or organizations to be contacted, so QI can contact federal and other response personnel contacted.
- Info to pass to response personnel etc….
- Hazard evaluation (previous spills, where a spill could occur, effects on environment)
- Response planning levels
- Worst case discharge
- 2100 gallons or less
- Greater than 2100 gallons
- Discharge detection systems
- Plan implementation (resp actions, equipment, etc…)
- Self-inspection, drills, logs.
- Security systems
- Response plan cover sheet
Describe the requirements and contents of a Vessel Response Plan and list the minimum portions required to be readily available on each type of vessel in both coastal and inland trade 33 CFR 155.1030:
- Cover all geographic areas of US where vessel transits.
- Must have following categories:
- General Information and introduction.
- Notification procedures.
- Shipboard spill mitigation procedures
- Shore-based response activities.
- List of contacts
- Training procedures
- Exercise procedures
- Plan review and update procedures
- On board notification checklist and emergency procedures
- Geographic specific appendix for each COTP zone in which the vessel operates
- An appendix for vessel specific information for the vessel or vessels covered by the plan.
- General: 155.1030
- Manned vessel oil primary cargo: 1035
- Unmanned tank barges caring oil as primary: 1040
- Oil and secondary: 1045
- Group I – IV petroleum oil primary: 1050
- Group V petroleum oil primary: 1052
Describe the authority and role of a Qualified Individual (33 cfr 155.1026):
- A qualified individual is a shore based representative of a vessel owner or operator.
- Has the money and authorization to use it.
- The qualified individual will activate and engage in contracting with oil spill removal organizations, act as a liaison with the FOSC and obligate funds.
- They must meet the requirements of 33 CFR 155.1026:
- Speak Fluent English
- Located in U.S.
- Be familiar with implementation of Vessel Response Plan
- Be trained in the responsibilities of the QI under the response plan
- Must have document designating them as QI from owner.
Explain the purpose of a Certificate of Financial Responsibility (COFR):
- Certificate required and issued by the U.S. Coast Guard for transporting oil products in the US economic zone.
- It certifies the owner’s financial responsibility up to a required level to cover oil pollution caused in U.S. waters.
- Pays for oil spill recovery/clean-up.
- A Letter of Undertaking is the equivalent for foreign-flagged vessels over 400 gross tons.
33. Describe the purpose of the Oil Spill Liability Trust Fund and the criteria for using the fun. (33 CFR 136.1):
- Used for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone. Criteria:
- discharge or release, of oil,
- creating a sludge, sheen or emulsification
- upon the navigable waters of the US,
- with an “RP.”
Describe any time limits for making a claim against the fund. (33CFR136.101):
- For damages, three years after.
- The date on which the injury and its connection with the incident in question were reasonably discoverable with the exercise of due care.
- Natural resources damages, 3 years from the date of completion of the natural resources damage assessment, or in paragraph (i) (above), whichever is later.
- For removal costs, within 6 years after date completion of all removal actions for the incident. Date = FOSC-R’s determination all removal action complete.
Describe the order of presentment for claims (33 CFR 136.103):
- All claims for removal costs or damages must be presented first to the responsible party or guarantor of the source designated under 136.305.
- Claims for removal costs or damages may be presented first to the fund only:
- By any claimant, if the director, npfc, has advertised (see 136.309)
- RP, asserting a claim
- Governor of a state, for removal costs incurred
- US Claimant, by discharge by foreign bastards; and
- Persons to whom claim is presented denies all liability for the claim, or the claim not settled after 90 days upon which the claim was presented, advertising began, whichever is later…claimant may go to court against RP or guarantor or to present the claim to the fund.
Describe the requirements for a claim (33 CFR 136.105):
The claimant bears the burden of providing all evidence, information, and documentation deemed necessary by the director, NPFC, to support the claim. In general, the claim must be in writing, for a sum certain for compensation for each category of uncompensated damages or removal costs, and signed in ink. See section 136.105 for more specifics.
Describe the procedures for the following particular claims (33 CFR 136 Sub C):
- Removal Costs: must prove actions taken to minimize, mitigate, prevent effects of incident (deter by FOSC & NCP).
- Natural resources: Trustee submits assessment & restoration plans (33 USC).
- Real/personal property: prove ownership, damage, cost.
- Subsistence use: Identify specific nat resource, use, and loss (income from subsistence)
- Government revenue: identify economic revenue loss (taxes). Due to property or resource damage.
- Profits and earning capacity: Claimants income reduced. Was alternative business available?
- Government public service: For increased or additional public services.
Describe the process for making insurance claims (33 CFR 136.107 & 111):
Claimant shall provide NPFC with all information relating to insurance claims for damages by incident ie. Copy of the policy, amount of the claim.
Describe the requirements concerning designation of source and advertisement. Identify the agency\individual responsible for making such a designation (33CFR 136 Sub D):
- Director of the NPFC will designate a source in writing to the RP and or guarantor once they are known. (5 days to deny designation)
- Director of the NPFC will determine type, geographic scope, frequency and duration of advertisement.
Describe the types and contents of advertisements (33 CFR 136.311):
- Paid advertisements in a newspaper
- Posted notice in marinas, bait stores, or other appropriate businesses
- News releases to radio, TV, cable or other means approved by Director of NPFC
Describe how the state may access the OSLTF (33 CFR 133):
- Must follow NCP guidelines for clean up and notifying Federal Authorities.
- Governor or designated State Official may request FPN from OSC. ( up to $250,000 )
- OSC determines state eligibility and notifies director NPFC
Determine the eligibility of the state(s) in your AOR for funding (33CFR 133):
- (133.5) Upon a request submitted in accordance with this part by the Governor of a State or his or her designated State Official, the OSC may obtain a Federal Project Number and a ceiling not to exceed $250,000 per incident for removal costs.
- Must meet NCP requirements for notifying FED gov.
Describe the state’s responsibilities for:
- Removal Actions (33CFR 133.17): Coordinate w/ OSC in accordance w/ NCP
- Record Keeping (33CFR 133.19): State official maintains records (expenditures, contactors, etc.) submit copies to NPFC.
- Record retention (33CFR 133.21): state retains for 10 years or until pending litigation over.
- Investigation to determine the source and responsible party (33CFR 133.23): prompt and thorough investigation copies to OSC and NPFC.
Describe the purpose of the Comprehensive Environmental Response, Compensation, and Liability Act Fund and the criteria for using the fund. (33CFR 300 Sub E):
CERCLA provides the FOSC funds for cleanup of hazardous waste sites and for emergency response to hazardous substance releases. The material must be a hazardous material or a pollutant that may present an imminent and substantial danger to the public health or welfare. There must have been a release, or a substantial threat of a release, into the environment. The RP (if any), is not taking proper removal actions. 40 CFR 300.400(a) says the criteria is either a release of hazardous substance or a release of any pollutant that may present an imminent and substantial danger to the public health or welfare of the United States.
Identify the differences between obtaining an OSLTF number and a CERCLA number (NPFC User Guide):
- Chapter 3 of the NPFC user’s guide gives detailed info on obtaining an FPN (through the OSLTF) and CPN (through SuperFund).
- OSLTF: Oil - FOSC $50,000 initial obligation limit for response actions. Requests of the District Commander or Unit. Done through CANAPS. Msg is released automatically by CANAPS program.
- CERCLA: Hazardous materials. Initial ceiling not to exceed $250k.
- Description must include hazmat or pollutant involved, description of what’s affected, statement indicating situation poses imminent threat to public health or environment, description of response action necessary.