FOSCR Study Guide

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FOSCR Study Guide
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  1. Coastal Zone
    As defined for the purpose of the National Contingency Plan (NCP), means 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 EPA/USCG agreements and specified in federal regional and area contingency plans.
  2. Coastal Waters
    For the purposes of classifying the size of discharges (see Oil Spill Classification below), means the waters of the coastal zone except for the Great Lakes and specified ports and harbors on inland rivers.
  3. Inland Zone
    Is 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 EPA/USCG agreements and specified in federal regional and area contingency plans.
  4. Inland Waters
    For the purposes of classifying the size of discharges (see Oil Spill Classification below), means the waters of the inland zone, waters of the Great Lakes, and specified ports and harbors on inland rivers.
  5. Navigable Waters
    • As defined by Title 40 CFR 110.1, means the waters of the United States, including the territorial seas. The term includes:
    • 1)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;
    • 2)Interstate waters, including interstate wetlands;
    • 3)All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands….
    • 4)All impoundments of waters otherwise defined as navigable waters under this section;
    • 5)Tributaries of waters identified in paragraphs (1) through (4) of this definition, including adjacent wetlands; and,
    • 6)Wetlands adjacent to waters identified in (1) through (5) 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.
  6. Oil
    As defined by Section 311(a)(1) of the Clean Water Act (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 the Oil Pollution Act (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 spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) & which is subject to the provisions of that Act. Note: Oil does not include propane, LPG or LNG.
  7. Discharge
    As defined by Section 311(a)(2) of the 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 (National Pollutant Discharge and Elimination System (NPDES)). For purposes of the NCP, discharge also means substantial threat of discharge. Discharge is a term specific to oil spills whereas “release” denotes a hazardous substance incident.
  8. Oil Spill Classification
    • Coastal
    • Minor 10,000 Gallons
    • Medium 10,000 - <100,000 gallons
    • Major >100,000 gallons
  9. Oil Spill Classification
    • Inland
    • Minor <1,000 gallons
    • Medius ≥ 1,000 and <10,000 gallons
    • Major >10,000 gallons
  10. Reportable Quantity
    Oil A discharge of oil which causes a sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
  11. Hazardous Substance
    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 DisposalAct (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 (42 U.S.C. 7521 et seq.); and any imminently hazardous chemical substance or mixture with respect to which the EPA Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). The 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 the term does not include natural gas, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
  12. Release
    • As defined by section 101(22) of CERCLA, means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant).
    • Note: The “environment” for CERCLA releases includes the water, ground, and air, not just water and adjoining shorelines as is the case for the CWA/OPA90.
  13. Minor release
    Means a release of a quantity of hazardous substance(s), pollutant(s), or contaminant(s) that poses minimal threat to public health or welfare of the United States or the environment.
  14. Medium release
    means a release not meeting the criteria for classification as a minor or major release.
  15. Major release
    Means a release of any quantity of hazardous substance(s), pollutant(s), or contaminant(s) that poses a substantial threat to public health or welfare of the United States or the environment or results in significant public concern.
  16. Reportable Quantity Hazardous Substance:
    A quantity, as set forth in 40 CFR 302.4.
  17. Pollutant or Contaminant
    As defined by section 101(33) of CERCLA, shall include, but not be limited to, any element, substance, compound, or mixture, including disease‐causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
  18. Solid Waste
    A Solid Waste can be either a solid, liquid, semi‐solid or contained gaseous material that is 1) discarded, 2) has served its intended purpose, or, 3) is a manufacturing or mining by‐product. The material is a RCRA Solid Waste irrespective of whether you 1) discard it, 2) use it, 3) reuse it, 4) recycle it, 5) reclaim it, or 6) store it or accumulate it for 1‐5. A material is not a solid waste if it is exempted under 40 CFR 261.4(a) if it is one of the following: 1) domestic sewage, 2) a CWA point source discharge, 3) irrigation return flow, 4) special nuclear or by‐product material, or 5) in‐situ mining waste.
  19. Hazardous Waste
    A solid waste (see above) is a Hazardous Waste if it is listed in 40 CFR 261.30, unless it has been specifically excluded. There are two means of classifying hazardous wastes – they are either classified by characteristic or they are listed. Characteristics that can make a solid waste a hazardous waste include the following: Ignitability (40 CFR 261.21); Corrosivity (40 CFR 261.22); Reactivity (40 CFR 261.23); Toxicity (40 CFR 261.24). Listed wastes are generated from non‐specific and specific sources and are assigned waste numbers by the regulations (261.31‐33).
  20. Hazardous Material
    A substance or material that, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials as defined in 49 CFR Part 171, materials designated as hazardous under the provisions of 172.101, and materials that meet the defining criteria for hazard classes and divisions in part 173.
  21. National Response Framework (NRF)
    • The NRF presents the guiding principles that enable all response partners to prepare for and provide a unified national response to disasters and emergencies – from the smallest incident to the largest catastrophe. This important document establishes a comprehensive, national, all‐hazards approach to domestic incident response.
    • It defines the key principles, roles, and structures that organize the way we respond as a Nation. It describes how communities, tribes, States, the Federal Government, and private‐sector and nongovernmental partners apply these principles for a coordinated, effective national response. It also identifies special circumstances where the Federal Government exercises a larger role, including incidents where Federal interests are involved and catastrophic incidents where a State would require significant support. The NRF enables first responders, decision makers, and supporting entities to provide a unified national response.
  22. NCP: Purpose, Authority, and Scope
    • The NCP provides organizational structure and procedures in preparing for and responding to discharges of oil and releases of hazardous substances [300.1]. It is required by CERCLA 105 and CWA 311 (d) [300.2].
    • The NCP establishes On‐Scene Coordinators (OSCs) for coastal (Coast Guard) and inland (EPA) zones [300.120]. See note below.
    • The NCP provides for efficient, coordinated, and effective response to a discharge or release, including requirements for:
    • Activation of the national response organization
    • Federal, State, and area contingency plans
    • Procedures for involving states in response activities
    • Listing of federal trustees for natural resources
    • National procedures for the use of dispersants and other chemicals
    • The NCP applies to and is in effect when the National Response Framework (NRF) and its Emergency Support Functions (ESFs) are activated [300.3 (d)]
  23. NCP Subparts
    • Subpart A Introduction
    • Subpart B Responsibility and Organization for Response
    • Subpart C Planning and Preparedness
    • Subpart D Operational Response Phases for Oil Removal
    • Subpart E Hazardous Substance Response
    • Subpart F State Involvement in Hazardous Substance Response
    • Subpart G Trustees for Natural Resources
    • Subpart H Participation by Other Persons
    • Subpart I Administrative Record
    • Subpart J Use of Dispersants and Other Chemicals
  24. Fundamental activities pursuant to the NCP [300.105 (b)]:
    • Preparedness, planning, and coordination
    • Notification and coordination
    • Response Operations
  25. Organizational elements created to perform these activities [300.105 (c)]:
    • National Response Team (NRT)
    • Regional Response Team (RRT)
    • On‐scene coordinators (OSC)
    • Area Committees
  26. National Response Team
    • National planning and coordination is done through the NRT [300.110].
    • The NRT shall be chaired by the Administrator of the EPA and vice‐chaired by a representative of the Coast Guard [300.110 (b)]
    • During an activation, the chairman shall be a member of the organization providing the OSC
    • The NRT shall evaluate response methods and recommend changes to the NCP [300.2 & 300.110 (d)].
    • The NRT shall provide policy guidance to the RRTs [300.110 (e)].
    • Planning and preparedness responsibilities of the NRT include:
    • Maintaining national preparedness to respond
    • Assisting member agencies in preparedness, planning, and response
    • Ensuring coordination between federal, state, and local governments with private parties
    • Reviewing regional responses to oil discharges and hazardous substance releases
    • Assisting in developing a national exercise program
    • The NRT shall be activated as an emergency response team under the following conditions:
    • When an oil discharge or hazardous release:
    • Exceeds the capability of the region
    • Transects regional boundaries
    • Involves a substantial threat to public health and welfare
    • If requested by any NRT member
  27. Regional Response Teams
    • Regional planning and coordination of preparedness and response is accomplished through the RRT [300.115 (a)].
    • RRTs provide guidance to the Area Committees [300.115 (a)(2)]
    • Two principle components of the RRT are:
    • Standing Team
    • Role is to assist the OSC and Area Committees
    • Incident Specific Team
    • Role is determined by the operational requirements of each specific response
    • The RRTs are co‐chaired by representatives from the EPA and Coast Guard [300.115 (c)].
    • The RRT should make resources available during a response to the OSC [300.115 (f)].
    • The RRT should:
    • Review local emergency response plans
    • Evaluate regional and local response to a discharge or release
    • Recommend revisions of the NCP
    • Conduct planning for the use of dispersants and chemical agents in accordance with Subpart J
    • Meet semi‐annually to review RCPs, ACPs, and response actions carried our during the previous period
    • Provide activity reports to the NRT twice a year
    • The RRT may be activated under the following conditions [300.115 (j)]:
    • When a discharge or release:
    • Exceeds the response capabilities of the OSC
    • Transects state boundaries
    • Involves a substantial threat to public health and welfare
    • Is a worse case discharge
    • Upon request from the OSC
    • During prolonged removal or remediation activities
  28. The National Strike Force (NSF) [300.145 (a)].
    • The NSF was established by the Coast Guard to assist the OSC with preparedness and response operations. The NSF includes:
    • Three Strike Teams (Atlantic, Gulf, and Pacific)
    • Public Information Assist Team (PIAT)
    • National Strike Force Coordination Center (NSFCC)
    • The Strike Teams provide personnel for:
    • Training for spill response
    • Stabilizing and containing a spill
    • Contractor monitoring and oversight
    • Incident management and cost documentation
    • The NSFCC can provide the FOSC with:
    • Technical assistance, equipment, and other resources
    • Assistance in coordinating the use of private and public resources
    • Review of the ACP
    • Assistance in locating spill response equipment
    • Coordination and evaluation of pollution response exercises
    • Inspection of prepositioned pollution response equipment
    • PIAT can assist the FOSC with public information demands during a response
  29. Environmental Response Teams (ERTs) [300.145 (b)]
    The EPA’s ERT can provide the FOSC with expertise in treatment technology, biology, chemistry, hydrology, geology, decontamination equipment, environmental assessment, and disposal of contaminated material.
  30. Scientific Support Coordinators (SSC) [300.145 (c)]
    • Serve as principle advisor for scientific issues
    • Generally provided by NOAA
    • Serves on the FOSC’s staff during response operations
    • Support the RRT and Area Committees in preparing ACPs
  31. U.S. Navy Supervisor of Salvage (SUPSALV) [300.145 (d)]
    Provide search, salvage, and recovery equipment
  32. Radiological Emergency Response Teams (RERTs) [300.145 (f)]
    • Established by EPA’s Office of Radiation Programs
    • Provide assistance in radiological monitoring, analysis, health physics, and risk assessment
    • Can provide on‐site field analysis via mobile laboratories
  33. National Pollution Funds Center (NPFC) [300.145 (h)]
    • Responsible for addressing funding issues
    • Provides funding for various response organizations
    • Provides compensation to claimants who incurred damages from oil discharges when the responsible party fails to do so
    • Recovers monies from persons liable for a discharge/release
    • Provides funds to initiate natural resource damage assessments
  34. Clean Water Act (CWA)General Overview
    Created in 1972, this is the principal federal statute protecting navigable waters and adjoining shorelines from pollution. Section 311 addresses pollution from oil discharges and hazardous substance releases.
  35. CWA Key Provisions
    • Discharging oil and hazardous material into the waters of the U.S. and adjoining shorelines is PROHIBITED [CWA 311 (b)(3)(4)].
    • The President shall direct all removal efforts in the case of a discharge that is a substantial threat to public health and welfare [CWA 311 (c)(2)].
    • All efforts by federal, state, and local government, and each owner and operator shall be in accordance with the National Contingency Plan (NCP) [CWA 311 (c)(3)].
    • The President is required to establish regulations, methods, and procedures for removal of oil and hazardous substances as part of the National Response System [CWA 311(j)(1)(A)].
    • The President is authorized to issue regulations to prevent discharges of oil from vessels and facilities [CWA 311(j)(1)(C)].
    • The President is authorized to establish Area Committees to prepare Area Contingency Plans [CWA 311(j)(4)].
  36. Oil Pollution Act of 1990 (OPA90)General Overview
    Created in response to the EXXON VALDEZ incident, the Oil Pollution Act of 1990 (33 U.S.C. 2701‐2761) amended the Clean Water Act and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the United States . It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel‐ and facility‐caused oil pollution to U.S. navigable waters. It also created the Oil Spill Liability Trust Fund.
  37. OPA90 Key Provisions
    • OPA90 greatly increased federal oversight of maritime oil transportation, while providing greater environmental safeguards by:
    • Setting new requirements for vessel construction and crew licensing and manning,
    • Mandating contingency planning,
    • Enhancing federal response capability,
    • Broadening enforcement authority,
    • Increasing penalties,
    • Creating new research and development programs,
    • Increasing potential liabilities; and,
    • Significantly broadening financial responsibility requirements.
  38. Comprehensive Environmental Response Compensation and Liability Act (CERCLA)General Overview
    CERCLA, also known as the Superfund Act, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
  39. CERCLA Key Provisions
    • Established the federal government’s authority to designate certain substances as hazardous to the environment and public health [CERCLA 102].
    • Established the responsibilities of a vessel or facility in the event of a discharge [CERCLA 103].
    • Established response authorities in the event of a discharge that poses a substantial threat to the environment and public health [CERCLA 104].
    • Established the National Contingency Plan as the guideline for response to hazardous substances, pollutants, and contaminants [CERCLA 105].
    • Established the federal government’s authority to respond beyond the actions of the State to protect public health, welfare, or the environment [CERCLA 106].
    • Established liability provisions for responsible parties [CERCLA 107].
  40. CERCLA: 2 Response Actions
    • Short‐term removals, where actions may be taken to address releases or threatened releases requiring prompt response.
    • Long‐term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. These actions can be conducted only at sites listed on EPA's National Priorities List (NPL).
    • CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the NPL.
    • CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.
  41. Superfund Amendment and Reauthorization Act (SARA)General Overview
    Created in 1986, amending CERCLA; it raised the limit on removal costs to $2 million and time on removal actions to 1 year. It also authorized EPA to reimburse local governments for costs incurred in response to hazardous substance incidents and mandated that hazardous waste sites targeted for removal must comply with the Resource Conservation and Recovery Act (RCRA).
  42. SARA Key Provisions
    • Established requirements for public participation in Superfund response activities [SARA 117].
    • Established the applicability of Superfund laws to the federal government [SARA 121].
    • Required the Secretary of Labor to establish safety provisions for employees during hazardous waste operations (e.g., HAZWOPER standards in 29 CFR a910.120) [SARA 126].
  43. EO 12580
    • Delegated the responsibility vested in the President by CERCLA to various agencies
    • Established a National Response Team (NRT) for Superfund matters
    • Established the Administrator of the EPA as chairman of the NRT and a representative from the Coast Guard as the vice‐chairman
    • Delegated authority to Coast Guard OSCs to issue administrative orders for releases and threatened releases involving the coastal zone
    • Designates DOD/DOE as OSC for releases originating from DOD/DOE facilities
    • Assigns FEMA authority to conduct temporary and permanent evacuations
    • Designates the Public Health Service responsibility for investigating complaints of illnesses attributable to hazardous substance releases
  44. EO 12777
    • Amended Executive Order 12580
    • Delegated the responsibility vested in the President by CWA/OPA to various agencies
    • Specified actions to be followed in the event of an accidental discharge or release of oil or a hazardous substance
  45. Resource Conservation and Recovery Act (RCRA)
    • RCRA is our nation's primary law governing the disposal of solid and hazardous waste.
    • Congress passed RCRA on October 21, 1976 to address the increasing problems the nation faced from our growing volume of municipal and industrial waste. RCRA, which amended the Solid Waste Disposal Act of 1965,
  46. RCRA set national goals for:
    • Protecting human health and the environment from the potential hazards of waste disposal.
    • Conserving energy and natural resources.
    • Reducing the amount of waste generated.
    • Ensuring that wastes are managed in an environmentally‐sound manner.
  47. RCRA's three programs:
    • The solid waste program, under RCRA Subtitle D, encourages states to develop comprehensive plans to manage nonhazardous industrial solid waste and municipal solid waste, sets criteria for municipal solid waste landfills and other solid waste disposal facilities, and prohibits the open dumping of solid waste.
    • The hazardous waste program, under RCRA Subtitle C, establishes a system for controlling hazardous waste from the time it is generated units its ultimate disposal – in effect, from "cradle to grave".
    • The underground storage tank (UST) program, under RCRA Subtitle I, regulates underground storage tanks containing hazardous substances and petroleum products.
  48. OnScene Coordinator Responsibilities General Duties
    The FOSC directs response efforts and coordinates other efforts at the scene of a discharge or release in accordance with Area Contingency or other pertinent plans [300.120(a)/.135(a)], and FOSCs are authorized to take response measures deemed necessary to protect public health, welfare, and the environment [300.130(a)]. The FOSC is also responsible for ensuring persons designated to act on their behalf are properly trained and prepared to carry out the NCP.
  49. Information Gathering
    • The FOSC is required to collect pertinent facts about a discharge or release [300.135(c)], including:
    • Source and cause of spill/release
    • Identification of responsible parties
    • Nature, amount, and location of discharged/released material
    • Probable direction and time of travel of discharge or released material
    • Potential for a “worse case discharge”
    • Pathways to human and environmental exposure
    • Potential impact on human health, welfare, safety, and the environment
    • Potential impact on natural resources and property
    • Priorities for protecting human health, welfare, and the environment
    • Appropriate cost documentation
  50. Notification Requirements
    Notification of an oil discharge or release of a hazardous substance must be reported immediately to the National Response Center (NRC) (800) 424‐8802 as per 33 CFR 153 and 40 CFR 302. In most cases, the responsible party or a third party makes the notification and the FOSC is notified by the NRC. If in doubt, verify that the NRC notification was made or have a watchstander make the report.
  51. The OSC has obligations under the NCP to notify the following:
    • Higher command/support agency as per organizational directives [300.135(f)]
    • FEMA for potential major disaster situations [300.135(g)]
    • Health and Human Services (HHS) for public health emergencies [300.135(h)]
    • Natural Resource Trustees that may be impacted [300.135(j)]
    • Appropriate public and private entities [300.135(n)]
  52. Coordination and Consultation
    One key function of the FOSC is to coordinate response efforts with and consult other appropriate federal, state, local, and private response organizations [300.135 (d)]. It is convenient that he NRF mandates the use of the Incident Command System (ICS) for incident management because using a unified command (UC) structure gives the FOSC, state, and local incident commanders and the responsible party a system to coordinate and direct the response as a team.
  53. The FOSC (or unified command) shall ensure that consultation occurs with the following entities as per the NCP:
    • Appropriate state and local officials as outlined in the Area Contingency Plan [300.180].
    • The RRT and National Strike Force Coordination Center (NSFCC) [300.135(e)].
    • National Resource Trustees [300.135(j)]
    • The Department of Interior (DOI) and Department of Commerce (DOC) when endangered species or habitats are threatened [300.135(k)]
  54. Site Safety and Health
    • The safety of human life is paramount during all response efforts including search and rescue at the scene of a discharge/release as well as the safety of all response personnel [300.317]. The FOSC is primarily responsible for addressing worker health and safety at a response scene in accordance with 300.150 and 29 CFR 1910.120.
    • The very concise COMDTINST 6260.31A , Safety and Health Training for Emergency Response Operations, covers the OSHA requirements for all responders and should be read by all FOSCs and response personnel.
  55. Public Information
    FOSCs are required to keep the appropriate public and private parties informed [300.155(a)]. Timely press releases are pivotal in getting initial information about an incident to the public. Appointing a Information Officer and/or a Liaison Officer to handle public and media inquiries is essential on larger incidents If needed and desired by the unified command, a Joint Information Center can be established for longer, higher visibility incidents. All federal news releases or statements by participating agencies should be cleared through the FOSC [300.155(b)].
  56. Community Relations
    There are many strategies available to an FOSC to keep the community informed of ongoing operations: web pages, town meetings, press releases, fact sheets, etc. Now that Area Contingency Plans (ACPs) must address the use of volunteers on a response, the FOSC/UC must be prepared to deal with volunteer issues. ACPs should provide the FOSC with specific tasks/areas in which volunteers can be used, including: beach surveillance, logistical support, and wildlife treatment.
  57. Reports
    As requested by the NRT/RRT, the FOSC shall submit a complete report on removal operations and actions being taken [300.165(a)]; these reports are usually only required for major incidents or high‐profile incidents but the RRT can request an FOSC Report for any incident. The FOSC must also submit a Situation Report – Pollution (SITREP – POL) to the respective RRT as developments occur and to higher authority in accordance with USCG District and Headquarters guidance.
  58. Documentation and Cost Recovery
    • The FOSC is required to record the situation and document it as it develops through all phases of the response, including actions taken, resources used/ordered, and problems encountered. ICS facilitates good documentation through standardized forms and processes. A Documentation Unit should be established for large, complex incidents to ensure all key decisions and copies of key documents (e.g., Incident Action Plans) are saved for follow‐on reporting and documentation. Formal USCG correspondence (e.g., COTP Orders, Admin Orders, CG‐2692) must also be maintained for the case file.
    • In addition to documenting operational decisions, FOSCs are responsible for ensuring cost documentation is maintained for actions taken under the CWA or CERCLA [300.315] and submitted to NPFC. Daily CG‐5136 forms, certified contractor invoices (if applicable), and a summary report are submitted to NPFC by the FOSC. The OSTLF or CERCLA fund ceiling is maintained and reported via the SITREP‐POL – obligations and expenditures must remain within the ceiling limit.
  59. Maritime Transportation System Recovery Unit (MTSRU)
    • The MTSRU is responsible for planning infrastructure recovery for Transportation Security Incidents (TSI) (see chapter 16 of the IMH) and other incidents that significantly impact the Marine Transportation System (MTS). The FOSC should activate the MTSRU if a significant impact to a waterway is indicated.
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    • The MTSRU will track and report on the status of the MTS, understand critical recovery pathways, recommend courses of action, and provide all MTS stakeholders with an avenue of input to the response organization.
  60. MTSRU major responsibilities:
    • Identify, track and report impacts to the MTS.
    • Coordinate and consult with MTS stakeholders.
    • Solicit periodic and standardized feedback from impacted industries/stakeholders.
    • Identify resources, agencies involved, and courses of action for the recovery of public infrastructure such as ATON, communications systems, and federal channels.
    • Prioritize recovery operations (including ATON, dredging, salvage, cleanup, repair, etc), as appropriate.
    • Monitor the economic consequences of recovery actions.
    • Develop traffic management plans. Identify the need for, and prepare any special advisories or orders (i.e. Safety/Security Zone).
    • Assess the need for MTS relief measures outside the impacted area. Implement measures (i.e. redirect cargos, establish alternate transportation modes) as necessary.
  61. The National Pollution Funds Center (NPFC)
    Oversees and manages funding for FOSCs for oil spills and hazardous substance releases. Contact your regional manager during working hours for detailed guidance on fund use.
  62. OSPLTF Access
    • If you answer YES to both of these questions, then OSLTF funding applies:
    • 1) Was there a discharge of oil, or a substantial threat of a discharge of oil (i) into navigable waters; (ii) onto adjoining shorelines; (iii) into the waters of the economic exclusive zone; or (iv) will it affect natural resources under exclusive management authority of the U. S.?
    • 2) Are further actions necessary to ensure effective and immediate removal, mitigation or prevention of the discharge or substantial threat of a discharge?
  63. OSPLTF Limitations
    • The following limitations apply to OSLTF use:
    • 1) The pollutant must be oil as defined by 33 USC Section 2701(23); see Appendix A, comment section for oil, for additional guidance of the list of oils maintained by USCG Headquarters.
    • 2) Removal funding comes from the $50 million Emergency Fund subset of the OSLTF.
    • 3) A maximum of $500,000,000 per case is available to remediate natural resource damage assessments.
    • 4) A maximum of $1 billion is available to pay for certain costs and damages associated with oil spills.
    • 5)There is no provision for funding pre‐assessment phase activities for NRDA.
    • 6)There is no provision for claims by third parties.
    • 7)The substance cannot be an oil as defined by 33 USC Section 2701(23).

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