Oil and Hazardous Substances Pollution
Contingency Plan and Area Contingency Plan


To Report Spills Call the National Response Center
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


Table of Contents

Letter of Promulgation

Definitions

NCP Crosswalk

Section 1: Introduction

Section 2: Command

Section 3: Operations

Section 4: Planning

Section 5: Logistics

Section 6: Finance

Appendices


Letter of Promulgation

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 29 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





Definitions

Area Committee: As provided for by Sections 311(a)(18) and (j)(4) of the Clean Water Act (CWA), means the entity appointed by the President consisting of members from qualified personnel of Federal, State, and Local agencies with responsibilities that include preparing an Area Contingency Plan for the area designated by the President. The Area Committee may include ex-officio (i.e., non-voting) members (e.g., industry and Local interest groups).

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.

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; the legislation that 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 9) 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." 4202.(a)(4)(B)(ii)

Hazardous substance: as defined by section 101(14) of CERCLA, means 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 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 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 <A HREF="#EPCRA">Emergency Planning and Community Right-to-know Act (EPCRA)</A>, Title III Section 301(c) of SARA.

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.

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.

Spill of National Significance (SONS): As defined by the NCP, means a spill that due to its severity, size, location, actual or potential impact on the public health and welfare or the environment, or the necessary response effort, is so complex that it requires extraordinary coordination of Federal, State, Local, and responsible party resources to contain and clean up the discharge.

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.




NCP Crosswalk

NCP

Region 5 RCP/ACP

Subpart A - Introduction
300.1Purpose and objectives1.2General purpose and objective of this plan
300.2Authority and applicability1.3Authority for this plan
300.3Scope1.4Scope and provisions of this plan
300.4AbbreviationsAppendix 16:Acronyms
300.5Definitions iii.Definitions


Subpart B - Responsibility and Organization for Response
300.100Duties of President delegated to
federal agencies
2.6.3National Response Team
300.105General organization concepts2.1Introduction
300.110National Response Team2.8.1National Response Team
300.115Regional Response Teams2.6.3Regional Response Team
300.120OSCs and RPMs: general responsibilities2.6.2OSC/RPM responsibilities
300.125Notification and communications2.10Communications
300.130Determinations to initiate response and
special conditions
2.6.3.3Activation of the RRT
300.135Response operations3.Operations
300.140Multi-regional responses2.7Multi-regional responses
300.145Special teams and other
assistance available to OSCs/RPMs
5.4Special teams and other assistance
available to OSCs/RPMs
300.150Worker health and safety2.11.1Worker health and safety
300.155Public information and community relations2.10.4Public information
300.160Documentation and cost recovery6.6Documentation for enforcement
and cost recovery
300.165OSC reports2.6.2 OSC/RPM responsibilities
300.170Federal agency participation2.6Federal response
300.175Federal agencies: additional responsibilities and assistance2.6.4 Federal agency responsibilities
300.180State and local participation in response2.3Local response
2.4State response
300.185Nongovernmental participation2.7Multi-regional responses


Subpart C - Planning and PreparednessAppendix 13:Contingency planning


Subpart D - Operational Response Phases for Oil Removal
300.300 Phase I - Discovery or notification 2.10.2 OSC Notification responsibilities
300.305 Phase II - Preliminary Assessment and
initiation of action
3.3 Discharge or release control
300.310 Phase III - Containment, counter-measures,
cleanup, and disposal
3.3 Discharge or release control
3.8 Waste management
300.315 Phase IV - Documentation and Cost Recovery 3.7 Evidence for cost recovery actions
300.317 National Response Priorities 2.8 National response
300.320 General Pattern of Response 3. Operations
300.322 Response to general threats to public health or welfare of the U.S. 3. Operations
300.323 Spills of national significance 3.1.1 Spill of national significance
300.324 Response to worst case discharges 3.1.2 Worst case discharge
300.335 Funding 6.3 OPA-funded responses


Subpart E - Hazardous Substance Response
300.400 General 2.6 Federal response
300.405 Discovery or notification 2.10.2 OSC notification
300.410 Removal site evaluation 2.6 Federal response
300.415 Removal action 2.6 Federal response


Subpart F - State Involvement in Hazardous Substance Response2.4 State response
Subpart G - Trustees for Natural Resources 2.6.4 Federal agency responsibilities
Subpart H - Participation by Other Persons 2. Command
Subpart I - Administrative Record 2.10.4 Public information
Subpart J - Use of Dispersants and Other Chemicals 3.3.2 Use of chemical agents
Appendix 7: Chemical Use Checklist



Section 1: Introduction

1.1 Introduction

This Region 5 Oil and Hazardous Substances Pollution Contingency Plan (RCP) and Area Contingency Plan (ACP) 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 RCP/ACP outlines the types of assistance available to Federal OSCs from Regional Response Team (RRT) member agencies during response actions and 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).

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, sub-area plans are being developed separately, but will be referenced in this RCP/ACP.

1.2 Purpose and Objective of this Plan

The purpose of this combined RCP/ACP is to fulfill the requirements of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Section 300.210(b) and Section 311(j)(4) of the Clean Water Act (CWA). The RCP/ACP 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 which 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, the OSC shall respond and implement provisions of the NCP and applicable agency guidance, and coordinate activities as outlined in this RCP/ACP.

1.3 Authority for this Plan

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 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) 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." The Administrator further delegated this authority to the Regional Administrators, and designated the ten 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 was required by Section 311(j)(4) of CWA.

1.4 Scope and Provisions for this Plan

This RCP/ACP expands upon the planning and response requirements set forth in the NCP, augments coordination with Local and State authorities, and 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); see Appendix 1 for coastal zone boundaries. 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. The plans also identify strategies for responding to a worst case discharge.

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 RCP/ACP 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 1) 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; 2) releases or substantial threats of releases of hazardous substances into the environment; and 3) releases or substantial threats of releases of pollutants or contaminants which 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 RCP/ACP, 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. See Appendix 1 for the jurisdictions in Region 5.

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.

1.5 Updating

Section 311(j)(4)(C)(viii) 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 five years, starting January 1, 1995, and once every five years thereafter. The document may be updated more frequently, as policy changes require.

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 which 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). The RRT agency representatives will assist the OSC by involving the appropriate regulatory staffs.


Section 2: Command

2.1 Introduction

It 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 of tank cars or repackaging of 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 by providing detailed advice or other supporting functions. Seldom will State or Federal authorities assume command from the 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 of time. The actions may include, but are not limited to, the placement of containment and recovery booms and pads, sampling of run-off 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 follow-up 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.

2.2 Incident Command Protocol/Liaison

Federal law requires implementation of a site-specific incident command system at all emergencies involving hazardous substances by the senior emergency response official responding (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 officials assume 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 ICS shall be established at all incidents involving spills of oil or hazardous substances(1)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 Academy(2)

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. All such entities participating in a response are required by Federal law to implement an intra-organizational ICS and integrate it with the overall ICS (29 CFR 1910.120 or 40 CFR 311).

A Unified Command System (UCS) consisting of the responsible party and Local, Tribal, State, and Federal senior competent 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 whereby parties with jurisdiction command by agreeing on objective priorities and response strategies.

2.2.1. Single Jurisdictional Area Affected

When the 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 include single or multiple agency involvement. In all situations, one person shall act as either an Incident Commander (IC) in sole charge of an ICS, or as an 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 either:

  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 an existing Unified Command or request the IC to establish a Unified Command; or

  3. Assume the Incident Command 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.

  4. The ICS transfer of command or initial assumption of command protocols shall be used.

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 either:

  1. Preferably join an existing Incident Command or Unified Command as in A (above); or

  2. Establish a Unified Command for 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.

2.2.3. Local, Tribal, State, and Federal Interaction

When not specifically prescribed, a Unified Command consisting of Local, Tribal, State, and Federal senior competent 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 section of the RCP shall take precedence over this protocol.

2.2.4. Seniority

Seniority, as discussed in 29 CFR 1910.120(q)(3)(i)(3), is ranked according to competency and breadth of responsibility, for purposes of this plan.

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 charged with 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.

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.

2.3 Local Response

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 an 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 to provide security for all on-scene forces and equipment. For large incidents, help is often requested through the State emergency management agencies. This activity includes establishing Local liaison with hospital, emergency services, and police personnel, as well as restricting entrance to hazardous areas to all but essential personnel.

2.4 State Response

The Governor of each State in Region 5 is requested to designate a lead agency and a representative to represent 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 (SERCs; in Wisconsin, the State Emergency Response Board, or SERB) in their respective States in order to communicate and coordinate preparedness and pre-response planning activities between the State and the RRT. State and Local government agencies are encouraged to coordinate the State contingency planning efforts for oil and response to hazardous material events with this plan and with requirements of SARA Title III.

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 and other State agencies for each State in Region 5.

2.4.1. State of Illinois

Emergency Response - Oil Spills and Hazardous Materials Incidents: The Illinois Environmental Protection Agency (IEPA) provides the designated RRT member for the State of Illinois. In order 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.

The Emergency Response Unit (ERU) of the Office of Chemical Safety has the responsibility within IEPA for coordinating the Agency's response and ensuring appropriate cleanup of any subsequent environmental contamination. The ERU collects information about these environmental emergencies and responds directly and/or notifies other divisions within IEPA of any 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.

Other Agencies' Responsibilities and Requirements: The Illinois Emergency Management Agency (IEMA) is the coordination and communications center for Illinois State agencies and is in overall command of emergency government efforts during major multi-jurisdictional disaster responses. IEMA is also the SERC designated pursuant to SARA Title III. Other State agencies have specific responsibilities to be the primary response agency as follows:

  1. Illinois Department of Nuclear Safety: incidents involving radioactivity, whether in transport or at nuclear power plants or other facilities.

  2. 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).

  3. 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.

  4. 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.

  5. Illinois State Police: transportation incidents involving DOT Hazardous Materials, enforcement of DOT shipping regulations, traffic control, and security.

  6. 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 on-scene 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.

2.4.2. State of Indiana

Emergency Response - Oil Spills and Hazardous Materials Incidents: The Indiana Department of Environmental Management (IDEM) provides the designated member of the RRT for the State of Indiana and is the lead agency for the State in addressing spills, providing a 24-hour 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 on-site to assist in the response effort, assuming the role of OSC if necessary.

During a response, staff of the Emergency Response Section (ERS) of IDEM assume the role of technical advisors to the responsible party and provide on-scene assistance to that individual, as well as to those individuals or agencies involved in the response. On occasion, ERS staff has assumed a role that would appropriately be called that of an 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 stand ready to provide assistance to that OSC.

Once the immediate threat to public health and the environment has been relieved, then the incident is further stabilized and cleaned up under ERS supervision. Rule 327 IAC 2-6.1, "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. This new Spill Rule was adopted by the Water Board on July 10, 1996. Disposal of recovered material, which is classified as a waste, is referred by ERS staff to appropriate personnel in the Office of Solid and Hazardous Waste Management. ERS staff may then conduct a follow-up investigation to ensure that the material has been disposed of properly and the cleanup is acceptable.

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:

  1. 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.

  2. Office of the State Fire Marshal (OSFM): OSFM responds to fire and explosion hazards from hazardous materials incidents.

  3. 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.

  4. Department of Natural Resources (DNR), Fish and Wildlife Division: DNR Conservation Officers conduct investigations to assess damages to natural resources such as fish kills.

  5. 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.

  6. Indiana State Police (ISP): ISP investigates transportation incidents involving DOT hazardous materials, enforces DOT shipping regulations, and provides traffic control and site security.

  7. 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.

  8. 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.

The Governor's Task Force on Emergency Response Coordination has recognized that many State agencies will have roles to play and that coordination among those agencies will be critical. As a result, the Task Force has defined responsibilities and the lines of communication as part of preplanning efforts for emergencies.

2.4.3. State of Michigan

Emergency Response - Oil and Hazardous Materials Incidents: Michigan representation on the 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 spills involving agricultural chemicals in close association with MDEQ.

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. 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.

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.

The State of Michigan has a responder immunity act.

MDEQ, in conjunction with the Department of Attorney General, is the designated Natural Resources Trustee for the State.

Other State Agencies' Responsibilities and Requirements:

  1. 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.

  2. Michigan Department of Agriculture (MDA): MDA is the lead agency in spill responses involving agricultural chemicals and/or fertilizers.

  3. 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.

  4. 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.

2.4.4. State of Minnesota

Emergency Response - Oil Spills and Hazardous Materials Incidents: The Minnesota Pollution Control Agency (MPCA) provides the designated member of RRT5 for the State of 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.

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 which 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 the 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 cover pollution of the land, air, and waters of the State. A facility operator is to notify the Emergency Response Commission when its plan is completed, and must supply a copy upon request. MPCA 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.

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.

2.4.5. State of Ohio

Emergency Response - Oil and Hazardous Materials Incidents: The Ohio Environmental Protection Agency (OEPA) is the designated representative of RRT5 for the State of 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 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.

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.

2.4.6. State of Wisconsin

Emergency Response - Oil Spills and Hazardous Materials Incidents: The representative agency on the RRT for the State of Wisconsin is the Wisconsin Department of Natural Resources (WDNR). At the time of this writing, WDNR is undergoing reorganization which should be completed by the fall of 1996. At that time, Wisconsin's emergency response program will be led by WDNR's Remediation and Redevelopment Bureau, which will have a Hazardous Substance Response Team Leader position coordinating hazardous substance spill response activities. In addition, WDNR has regional offices with spill coordinators in each office to help provide technical spill information when incidents occur. WDNR's Bureau of Law Enforcement and Science provides field staff for the purpose of immediate response to hazardous substance discharges, and has an emergency management coordinator participating on the SERB. Immediate responses are those on-site activities performed in the event of a release that has impacted or potentially could impact the air, land, or waters of the State. When responsible parties are not available or do not conduct adequate spill response activities, WDNR spill coordinator may call out the State zone contractor for providing emergency response services.

Other State Agencies' Responsibilities and Requirements: The Department of Military Affairs, Division of Emergency Management, coordinates receipt of spill notifications and facilitates coordination of resources for overall emergency management. The Department of Agriculture, Trade, and Consumer Protection is responsible for responding to incidents that involve agrichemicals.

Section 311(j)(4) of CWA calls for the 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.

2.5. Native American Response

The Tribe is the designated natural resource trustee for Native American communities. Response capabilities of Tribes in Region 5 vary. Appendix 2 contains a list of contacts for the Federally recognized Tribes in Region 5.

2.6. Federal Response

2.6.1. Statutory Authority

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. Section 311(c)(1) of CWA 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 a vessel discharging, or threatening to discharge, by whatever means are available.

This authority was delegated to the Administrator of U.S. EPA, who delegated it to the Regional Administrators of U.S. EPA, who then delegated that authority to the OSCs. Under Section 311(c)(2) of CWA, if the discharge or a substantial threat of discharge poses a substantial threat to the public health or 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 such a discharge.

Section 311(e) of CWA allows the Division Director of the Superfund Division, to whom this authority is delegated, where he/she has determined that there may be an imminent and substantial threat to the public health and welfare of the United States because of an actual or threatened discharge of oil or hazardous substances from a vessel or facility which violates Section 311(b) of CWA, to require the United States Attorney General to secure any relief from any person as may be necessary to abate such endangerment; or, after notice to the affected State, take any action authorized under Section 311 of CWA that may be necessary to protect the public health and welfare.

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 of response actions. 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 response 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 a vessel discharging, or threatening to discharge, by whatever means available, 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:

  1. Threat to human health and the environment;

  2. The responsible party and its capability to conduct the removal; and

  3. Feasibility of a removal or the mitigation of impact.

OSC responsibilities in the event of a discharge or release include the following:

  1. Coordinate with appropriate Federal agencies.

  2. Notify the appropriate State and Federal agencies. OSC notification responsibilities are discussed in further detail in Subsection 2.10 of this plan.

  3. 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 RCP/ACP.

  4. Collect information concerning the discharge or release; its source and cause; the identification of 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.

  5. Coordinate his/her efforts with other appropriate Federal, State, and Local agencies.

  6. Consult with and inform the RRT members of reported discharges and releases through Pollution Reports in Message Format (POLREPs; see Section 2.10 on POLREPs).

  7. 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.

  8. Implement appropriate community relations activities.

  9. Address worker health and safety issues prior to and during a response operation, and comply with all worker health and safety regulations.

  10. Coordinate with the Agency for Toxic Substances and Disease Registry (ATSDR), as the OSC deems necessary, regarding possible public health threats.

  11. 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 developed, the actions taken, the resources committed, and the problems encountered.

2.6.3. Regional Response Team (RRT)

The RRT is a Regional advisory group for planning and preparedness activities before response activities occur, 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 appointed by the Governor from each State, 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 which may apply to Federal response actions following or in prevention of a discharge of oil or a release or a 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. (A list of the current members of the Region 5 standing RRT is provided in Appendix 3). 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, RCP, 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.

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:

  1. Providing resources for response to major discharges or releases inside the Region or outside the Region, upon request;

  2. Providing technical assistance for preparedness and conducting and participating as necessary in training and exercises to encourage preparedness activities of the response community within the Region (Region 5 will participate in one exercise per year);

  3. Reviewing and updating the RCP/ACP;

  4. Discussing, modifying, and adopting procedures to enhance the various aspects of response coordination between Local, Tribal, State, Regional, and Federal response efforts;

  5. Reviewing and commenting, where practicable, on Local emergency response plans (required by SARA, Title III). Such reviews are conducted upon the request of a 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;

  6. Providing guidance to Area Committees, as appropriate, to ensure inter-area consistency and consistency of individual ACPs with the RCP and NCP;

  7. Reviewing, evaluating, and commenting on Regional and Local responses to discharges or releases, and recommending improvements, as appropriate;

  8. Encouraging the State and Local response community to improve its preparedness for response;

  9. Planning for use of dispersants, surface collection agents, burning agents, biological additives, or other chemical agents, as appropriate; and approving chemicals and techniques for response upon request, following established procedures;

  10. Meeting three times annually, rotating meetings among the States, to review response actions, address preparedness and pre-response activities, and consider changes to the RCP;

  11. Providing reports on RRT activities to the NRT twice a year, no later than January 31 and July 31;

  12. Integrating, to the extent possible, ongoing planning and preparedness activities with RRT preparedness initiatives, and all RRT agencies;

  13. Recommending revisions of the NCP to the NRT, based on observations of response operations;

  14. Evaluating the preparedness of the participating agencies and the effectiveness of Federal response to discharges and releases;

  15. Preparing an annual work plan to coordinate emergency response and preparedness activities; and

  16. 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 of 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 re-evaluated annually.

2.6.3.2 Incident-Specific RRT

Each incident-specific RRT is formed from the standing team when the RRT is activated for a response, and consists of representatives of Local governments, and the appropriate State and Federal agencies, described in Subsection 1, Standing RRT, above.

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 Co-Chairs may designate other U.S. EPA and USCG employees to act as the 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 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.

Appendix 1 contains a discussion of the U.S. EPA and USCG jurisdictions in Region 5.

When activated, members of an incident-specific RRT may be requested to:

  1. Provide resources and special or technical expertise;

  2. Provide advice, as requested by the OSC/RPM, recommending courses of action for consideration by the OSC/RPM;

  3. 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;

  4. 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;

  5. 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);

  6. Ensure continual communication with the National Response Center (NRC) as significant developments occur; and

  7. Monitor and evaluate reports from the OSC/RPM.

2.6.3.3 Activation of the RRT

An incident-specific RRT may be activated upon request from the OSC, or from any RRT representative, to the Co-Chair of the RRT, when a discharge or release:

  1. Exceeds the response capabilities available to the OSC in the place where it occurs;

  2. Transects State, Regional and/or international boundaries; or

  3. Poses a substantial threat to public health, welfare, or to the environment, or to Regionally significant amounts of property.

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 listed below.

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.

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 response authorities and their 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 Federal 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, Federal member agency responsibilities include:

  1. Informing the RRT of changes in the availability of their response resources;

  2. Reporting discharges and releases from facilities or vessels under their jurisdiction or control;

  3. Making necessary information available to the RRT and OSCs; and

  4. 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.

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 ten 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 agencies 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.

Department of Commerce
DOC, through the National Oceanic and Atmospheric Administration (NOAA), has three roles within Region 5: 1) Scientific Support Coordinator (SSC), in accordance with the NCP; 2) National Resource Trustee, in accordance with the NCP; and 3) RRT member.

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.

The RRT member, as DOC's representative, has the same 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. The RRT member carries out his goal through two primary roles: 1) as a representative of DOC's policy responsibilities (such as its trusteeship) and 2) as an access point to other DOC resources and expertise, usually outside of NOAA HAZMAT. These two roles are the responsibility of all DOC representatives, whether from NOAA HAZMAT, NOAA National Marine Fisheries Service (NMFS), or NOAA National Weather Service (NWS). In both roles, the RRT member primarily provides an index to other parts of DOC for the RRT Co-Chair who supports the OSC.

It should be emphasized that the RRT member is more than a trustee. He or she

  1. Is a gateway to other parts of DOC and NOAA that have primary roles in carrying out NOAA's trusteeship role during spills;

  2. Works through the appropriate RRT Co-Chair to represent DOC and NOAA;

  3. If needed, helps the NOAA SSC provide technical assistance; and

  4. If needed, represents NOAA HAZMAT at meetings where the SSC cannot be present.

Under OPA and the NCP, NOAA has specific responsibilities as a natural resource trustee which include:

  1. Receiving notification of potential or actual spills threatening NOAA resources;

  2. 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);

  3. Being consulted on removal actions during an incident; and

  4. Implementing damage assessment activities.

All of these activities are intended to minimize impacts and to restore the environment.

This member can provide scientific expertise on living aquatic resources for which it is responsible; provide current and predicted meteorologic, hydrologic, ice, and limnological conditions; provide charts and maps; and provide communication services to the general public, various levels of government, and the media via its NOAA weather wire and NOAA weather radio systems.

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. The DOD will provide the OSC and RRT Chair for releases occurring on DOD property or facilities.
U.S. Army Corps of Engineers (COE)
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. COE 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, and diving, and has equipment for salvage-related and open-sea pollution incidents.

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 Plan (FRMAP). 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.

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 FCO in a situation where both authorities are active.

FEMA's national Emergency Support Team and Regional Emergency Response Teams provide coordination of Federal response in extraordinary situations of unique national significance, such as commercial nuclear power plant or nuclear weapons accidents and catastrophic natural disasters.

General Services Administration
GSA upon request provides expedited logistical and telecommunications support to Federal agencies which 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.

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 State and Local governments.

The principal HHS response comes from the U.S. Public Health Service (PHS). Within PHS, the primary response to a hazardous materials emergency comes from ATSDR and the Centers for Disease Control (CDC). Both ATSDR and CDC have a 24-hour emergency response capability wherein 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 for situations requiring evacuation of affected areas, human exposure to hazardous materials, and technical 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:

  1. Establish appropriate disease/exposure registries;

  2. Provide medical care and testing of exposed individuals in cases of public emergencies;

  3. Develop, maintain, and provide information on health effects of toxic substances;

  4. Conduct research to determine relationships between exposure to toxic substances and illness;

  5. Together with U.S. EPA, develop guidelines for toxicological profiles for hazardous substances; and

  6. Develop educational materials related to health effects of toxic substances for health professionals.

Additionally, ATSDR operates a 24-hour number 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).

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 the 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.

The Office of Environmental Policy and Compliance represents DOI on the RRT, and is responsible for coordinating RRT/DOI activities. Within the Department, individual bureaus and offices have specific responsibilities and capabilities as follows:

Office of Environmental Policy and Compliance (OEPC)
Operates within the Office of the Secretary, and is responsible for policy development and coordination of the diverse interests of DOI. The Regional Environmental Officer (REO) is DOI's RRT representative and provides a number of services, including the DOI position on chemical countermeasure and in situ burn decisions, liaison for technical assistance requests from the OSC, administrative details to secure response cost reimbursement approval from the OSC, and initial coordination for natural resource damage assessments (NRDAs).

U.S. Fish and Wildlife Service (USFWS)
Manages, protects, and provides expertise on 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). It can provide responders with information concerning these resources, 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 the 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 Permits to qualified individuals and/or organizations that may be available to conduct wildlife rehabilitation operations related to oil spill incidents.

National Biological Service
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 in research and monitoring to resource managers and others concerned with the care, use, and conservation of the nation's natural resources. The National Biological Service has laboratory/research facilities.

National Park Service (NPS)
Provides expertise on historic, archeological, architectural, and recreational resources and sites on the National Register of Historic Places. The NPS can also provide information on units of the national park system, including national parks, lake shores, monuments, national historic sites, rivers, and recreation areas.

U.S. Geological Survey (USGS)
Provides advice and information concerning geohydrologic, geologic and geochemical data, and ground and surface water data, as well as 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.

Bureau of Indian Affairs (BIA)
Has responsibility to protect Native American trust resources and to facilitate an active role in planning and response for Tribal governments who wish to do so. BIA coordinates activities affecting Native American Tribal lands, and provides assistance in identifying Native American Tribal government officials.

Bureau of Land Management (BLM)
Has expertise in minerals, soils, vegetation, archeology, and wildlife habitat.

All bureaus of the Department of the Interior may be contacted through the Regional Environmental Officer, the designated member of the RRT.

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 the RRT's long-term planning and incident-specific functions.

Generally speaking, the Department's primary role is to serve as litigation counsel for the Federal government and as legal counsel on enforcement and inter-agency matters. As a consequence, DOJ participation in RRT activities will ordinarily focus on litigation concerns regarding response activities and inter-agency coordination. In this capacity, the role of the DOJ representative might include: general legal advice; review and comment on regional planning and procedural documents; and incident-specific assistance, including assigning staff attorneys when the incident may result in litigation or raise difficult issues of interagency coordination.

Department of Labor
DOL, through the Occupational Safety and Health Administration (OSHA), conducts safety and health inspections of hazardous waste sites and during emergencies to ensure that employees are being protected and to determine compliance with its regulations. Through OSHA, DOL will also provide the OSC/RPM with advice, guidance, and assistance regarding hazards to persons involved in removal or control of oil or chemical spills and in the precautions necessary to prevent endangerment of their health and safety.

Nuclear Regulatory Commission
The Nuclear Regulatory Commission will 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. The Nuclear Regulatory Commission will keep U.S. EPA informed of any significant actual or potential releases in accordance with procedural agreements. In addition, the Nuclear Regulatory Commission will provide advice to the OSC/RPM when assistance is required in identifying the source and character of other hazardous substance releases where the Nuclear Regulatory Commission has licensing authority for activities utilizing radioactive materials.

Department of State
DOS will lead in developing joint international contingency plans. It will also provide assistance in coordination when a pollution release crosses international boundaries or involves foreign flag vessels. Additionally, this Department will coordinate requests for assistance from the Government of Canada and U.S. proposals for conducting research at incidents that occur in Canadian waters.

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 supplies expertise in the domestic/international fields of port safety and security; marine law enforcement, navigation, and construction; and the manning, operation, and safety of vessels and marine facilities. USCG 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.

U.S. Environmental Protection Agency
U.S. EPA provides the Co-Chair of RRT5 and provides OSCs for all inland areas for which an ACP is required under CWA Section 311(j) and for discharges and releases occurring in the inland zone and RPMs for remedial actions except as otherwise provided; and generally provides the Scientific Support Center for responses in the inland zone. U.S. EPA is responsible for providing expertise regarding environmental effects of pollution releases and environmental pollution control techniques. U.S. EPA will also assist USCG in hazardous materials incidents, will advise the RRT and the OSC of the degree of hazard a particular release poses to the public health and safety, and will coordinate scientific support, including damage assessment, in inland regions.

2.7. Multi-Regional Responses

The Federal OSC for a given incident is determined by the point of origin of the release. However, if a discharge or release affects areas covered by two or more RCPs/ACPs, the response mechanisms of both may be affected. In this case, response actions of all regions concerned shall be fully coordinated as detailed in the RCPs.

There shall be only one OSC/RPM at any time during the course of a specific response operation. Should a discharge or release affect two or more areas, U.S. EPA, USCG, DOD, DOE, or other lead agency, as appropriate, shall give prime consideration to the area vulnerable to the greatest threat, in determining which agency should provide the OSC and/or RPM. The RRT shall designate the OSC and/or RPM if the RRT member agencies who have response authority within the affected area are unable to agree on the designation. The NRT shall designate the OSC and/or RPM if members of one RRT or two adjacent RRTs are unable to agree on the designation.

Where USCG has initially provided the OSC for response to a release from hazardous waste management facilities located in the coastal zone, responsibility for response action shall shift to U.S. EPA or another Federal agency, as appropriate.

The OSC/RPM shall be provided by the Region within which the release occurs, or according to preestablished protocols described in the interregional contingency plans and Section 3 of this RCP/ACP.

Several interregional agencies have been established that have interests within Region 5 and have roles in response and planning. The agencies vary considerably in their concerns and capabilities. The following is a list of these interregional organizations.

2.7.1. The Great Lakes Commission

The Great Lakes Commission (GLC) is an interstate compact commission consisting of gubernatorially appointed and legislatively mandated representatives of the eight Great Lakes States (Minnesota, Wisconsin, Illinois, Michigan, Indiana, Ohio, Pennsylvania, and New York). The Commission was formed to promote the informed use, development, and protection of Great Lakes Basin land and water resources through regional coordination, policy development, and advocacy.

2.7.2. Ohio River Valley Water Sanitation Commission

The Ohio River Valley Water Sanitation Commission (ORSANCO) is an interstate water pollution control agency established in 1948, with membership consisting of representatives from the eight States in the Ohio River Valley (Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Virginia, and West Virginia), and a representative from U.S. EPA. The Commission is responsible for operating several programs: water quality monitoring of the Ohio River and its major tributaries; regulation of wastewater discharge to the Ohio River; and investigation of particular water pollution problems.

In addition, ORSANCO assists State environmental agencies, U.S. EPA, and USCG in emergency spill response and notification. ORSANCO maintains a spill notification database on the Ohio River and its tributaries. Specifically, in the event of a spill on the Ohio River or a major tributary, ORSANCO's role is to serve as an interstate communications center, assisting in emergency notification procedures and to coordinate emergency stream monitoring. ORSANCO has developed a spill notification and response plan and the ORSANCO Emergency Response Resource Manual.

2.7.3. Upper Mississippi River Basin Association

The Upper Mississippi River Basin Association (UMRBA) is an interstate organization formed by the Governors of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to maintain communication and cooperation among the States on matters related to water resources planning and management in the Upper Mississippi Basin. The five States are represented through gubernatorial appointees, and five Federal agencies have advisory status. As part of its efforts to facilitate cooperative planning, the Association provides support to an ad-hoc Upper Mississippi Spills Coordination Group, which includes representatives of the five State response agencies, as well as U.S. EPA Regions 5 and 7, USCG, USFWS, NOAA, and COE. The group meets periodically to discuss common problems and coordinate activities to respond to spills on the Upper Mississippi.

UMRBA and the State and Federal agencies that are members of the Upper Mississippi Rivers Hazardous Spills Coordination Group have jointly produced the Upper Mississippi River Spills Response Plan and Resource Manual. The manual functions as a working contingency plan, to be used as a supplement to the appropriate State emergency response plans, RCPs, and the NCP. As such, the manual is consistent with the U.S. EPA Region 5 and U.S. EPA Region 7 RCPs and the U.S. EPA Region 5 ACP, and is in compliance with requirements of the NCP.

2.8. National Response

2.8.1. National Response Team

The NRT is responsible for oil and hazardous materials spill planning and coordination on a national level. The NRT is made up of representatives of each of 15 Federal agencies, chaired by U.S. EPA and vice-chaired by USCG. The NRT's responsibilities include evaluating methods of responding to discharges, maintaining national preparedness to respond to a major oil discharge, and developing procedures, in coordination with the National Strike Force Coordination Center (NSFCC), to ensure the coordination of Federal, State, and Local governments.

2.8.2. Federal Radiological Emergency Response Plan

Response to radiological emergencies is coordinated under the FRERP. This interagency agreement coordinates the response of various agencies, under a variety of statutes, to a large radiological accident. The lead Federal agency, defined by the FRERP, activates the FRERP for any peacetime radiological emergency which, based upon its professional judgment, is expected to have a significant radiological effect within the United States, its territories, possessions, or territorial waters and that could require a response by several Federal agencies.

2.8.3. Federal Response Plan

In the event of a declaration of a major disaster by the President, FEMA may activate the Federal Response Plan. An FCO, designated by the President, may implement the Federal Response Plan and coordinate and direct emergency assistance and disaster relief of impacted individuals, businesses, and public services under the Stafford Disaster Relief Act. Catastrophic planning for disasters is coordinated by FEMA under the Federal Response Plan. The RCP is the Emergency Support Function 10 under the Federal Response Plan, along with the FRMAP.

2.9. International Response

2.9.1. International Joint Commission

The International Joint Commission (IJC) is a binational organization that was created under the Boundary Waters Treaty of 1909 to advise the governments of the United States and Canada on issues concerning water quality and quantity in the boundary waters between the two nations. The IJC monitors and assesses cleanup progress under the Treaty and advises governments on matters related to the quality of the boundary waters of the Great Lakes system. The Commission consists of six members, three appointed by the President of the United States, and three appointed by the Prime Minister of Canada.

2.9.2. Joint Contingency Plan

A Joint Contingency Plan is being developed with Canada for releases of oil and hazardous substances. There will be a plan that covers the Great Lakes and one that covers the inland area.

In the event of releases which may impact or threaten the international border, the following Canadian government agencies should be notified:

Canadian Coast Guard (800) 265-0237

Environment Canada (416) 346-1971

Emergency Preparedness Canada (613) 991-7000

2.10. Communications

2.10.1. Discovery

It is the spiller's responsibility to report all spills. The spiller or responsible party is required to immediately report all releases of oil and hazardous substances into or on navigable water, adjoining shorelines, or the contiguous zone, to the National Response Center (NRC). Notification should be made to the NRC duty officer at (800) 424-8802 or (202) 267-2675. The NRC will notify the appropriate OSC. If NRC notification is not practicable, the responsible party should notify the U.S. EPA or USCG predesignated OSC and the appropriate State environmental agency. The U.S. EPA Region 5 predesignated OSC can be reached 24 hours a day at (312) 353-2318. The USCG predesignated OSC can be reached at (216) 522-3984 (Ninth District) or (504) 589-6225 (Eighth District).

If U.S. EPA or USCG is the first to be notified of a release or discharge, U.S. EPA or USCG will notify the State and the NRC, the appropriate trustees for natural resources and other RRT members, as stated in Subsection 2.10.2 of this plan. OSC notification of trustees is accomplished through protocols developed via trustee-specific agreements. For spills of significance, if the State or other agency is the first to be notified, they shall notify the appropriate Federal agencies.

2.10.2. OSC Notification Responsibilities

As used in this section, "notification" refers to the actions taken by the pre-designated Federal OSC to immediately alert appropriate Federal and State agencies of a release. The purpose of this notification is to provide the best available summary of OSC observations and operations, and to allow the notified agency an opportunity to perform some on-scene program function. Ordinarily, the OSC will notify agencies by telephone (see Appendix 3 for the 24-hour telephone numbers of RRT members).

Upon notification from the NRC, the OSC may investigate the report to determine the threat posed to the public health or welfare or the environment. Notifications are based on the actual or potential size of the spill and the threat posed as outlined in the table below:

Table 1: Size Classes of Discharges
Type Of Spill Oil Hazardous Substance

Required Notificationactions

Minor < 1,000 gal. < Reportable Quantity If circumstances warrant, POLREPs to Regional Response Center, the affected State, and appropriate Federal and State natural resources trustees
Medium 1,000 - 10,000 gal. > Reportable Quantity but does not meet criteria for a major or minor release Same as for minor spills, except when response requirements exceed capabilities of OSC and Local contractors, or when a potential exists for major environmental damage. Under these circumstances, initiate the notifications required for a major spill.
Major > 10,000 gal. Amount that poses a substantial threat to human health, welfare, or the environment Notify Regional Response Center by the most rapid means available, providing all known information, even if it has not been confirmed by on-scene personnel. An Incident-Specific RRT will then be activated.
Worst Case A worst case involves ANY discharge or threat of a discharge, in significant quantities to impact public health, welfare or the environment, where the parties responsible for the threat or discharge are unwilling or unable to perform the required response actions.

The designated OSC will make the following notifications:

Minor Releases: OSC will make notifications for minor releases to the affected State, Federal, Native American, and foreign natural resource trustees and to the pollution response agency for the impacted State or States.

Medium and Major Releases: The OSC will notify the following:

  1. The pollution response agency for the impacted State or States;

  2. The DOI representative;

  3. The HHS representative, if a public health emergency exists;

  4. The Director of the Emergency Response Division (ERD), Headquarters, U.S. EPA;

  5. The DOC RRT representative in the case of a release or threat of a release to the surface waters of the United States;

  6. All affected State,Federal, Native American, and foreign natural resource trustees;

  7. The appropriate USCG District office if the spill impacts navigable water; and

  8. The Fund Manager.

OSCs should also ensure that all appropriate public and private interests are kept informed and their concerns considered.

If radioactive substances are present in a release, the U.S. EPA Radiation Program Manager should be notified for evaluation and assistance, either directly or through the National Response Center.

2.10.3. Pollution Report Messages (POLREPS)

When conducting Federal removal actions, the OSC will submit POLREPs to the above-mentioned Agencies, and include Local entities as necessary. As changing conditions warrant, POLREP distribution may be expanded to include additional entities. In the case of an oil release, the OSC will submit a POLREP to the National Pollution Fund Center (NPFC).

Except as noted below, the designated OSC prepares POLREPs for each release occurring within the OSC's area of responsibility. The OSC submits POLREPs to the RRT as significant developments occur. For medium and major releases, these submittals will occur on a daily basis until, in the judgment of the OSC, the response operation and the impact of the release have stabilized. The standard POLREP format is presented as Figure 1.

  1. Special Cases

    Fund Manager
    In the case of a Federally funded oil cleanup, the OSC will submit a POLREP to the NPFC.

    Worker Safety
    If the pollutant is a hazardous substance and Federal or private sector personnel are participating in a "hands-on" removal, the OSC will include the Department of Labor RRT representative in the distribution of POLREPs. (Note: this provision does not extend to the activities of State and Local government employees.)

    Federal Land Manager
    Consistent with the spill notification guidelines, when a release impacts Federal lands, the OSC will include the RRT representative of the managing agency in the distribution of POLREPs.

    Intrastate Distribution
    The State office designated to receive POLREPs from Federal OSCs will perform any further distribution to other elements of the State government within that State.

  2. Means of Transmission

    Facsimile (FAX) machine is the standard method of transmitting messages between member agencies of RRT5. However, individual agencies and a lead agency may agree to use any other means of communication (e.g., U.S. EPA E-Mail, AUTODIN, TELEX). It is incumbent upon each agency to identify a reliable, 24-hour means of receiving POLREPs. Where this has not been done, distribution will be by regular mail. Appendix 3 provides communication information (including FAX numbers), for RRT members, OSCs, and other government entities that routinely participate in Federal response activities in Region 5.




FIGURE 1

U.S. ENVIRONMENTAL PROTECTION AGENCY
POLLUTION REPORT

Model Initial POLREP

I. HEADING
Date:
Subject:
From:
To:E. Watkins, U.S. EPA, OSWERFAX: 703-603-9107
R. Karl, Chief, U.S. EPA ERB FAX: 312-353-9176
____________, Chief, U.S. EPA Response Section __ FAX: ___________
B. Messenger, Chief, U.S. EPA ESS FAX: ___________
T. Lesser, U.S. EPA Office of Public Affairs FAX: ___________
__________, U.S. EPA ORC FAX: ___________
__________, U.S. EPA Enforcement Specialist FAX: ___________
__________, State agency FAX: ___________
__________, USCG, District __ FAX: ___________
U.S. Fish & Wildlife (State) FAX: ___________
__________, County official FAX: ___________
POLREP No.:

II. BACKGROUND

Site No.:
Delivery Order No.:
Response Authority:
ERNS No.:
CERCLIS No.:
NPL Status:
State Notification:
Action Memorandum Status:
Start Date:
Demobilization Date:
Completion Date:

III. SITE INFORMATION

IV. RESPONSE INFORMATION

V. COST INFORMATION

VI. DISPOSITION OF WASTES
WastestreamMediumQuantityContainment/
Migration Control
TreatmentDisposal



























Where an incident generates substantial interest in the response community and the lead agency experiences a demand for POLREPs beyond the normal RRT distribution, the lead agency may elect to post POLREPs on a commonly accessible computer bulletin board in lieu of direct transmission to individual offices. In such an event, the Ninth Coast Guard District will employ the NOAA RRT System discussed in Subsection 5.3.1 of this plan.

2.10.4. Public Information

In accordance with 40 CFR 300.415(n), the lead agency shall designate a spokesperson who shall inform the community of actions taken, respond to inquiries, and provide information concerning the response action. All news releases or statements made by participating agencies shall be jointly coordinated and funneled through a public information office. The spokesperson shall notify, at a minimum, immediately affected citizens, Local and State officials and, when appropriate, emergency management agencies. OSCs may consider use of the RRT to assist in media relations and other community involvement activities. Also, responsible parties may implement community involvement activities.

For response actions lasting less than 30 days, the following apply:

(1) The administrative record file must be maintained at a central location, the U.S. EPA Regional Office;

(2) The administrative record must be made available to the public no later than 60 days after initiation of activity at the site, and U.S. EPA must inform the public that it is available for public inspection by placing a notice in a major newspaper;

(3) No public comment period on the administrative record is required when on-site activity lasts less than 30 days.

2.11. Safety

(To be written.)

2.11.1. Worker Health and Safety

The U.S. EPA Worker Protection Standards apply to employers of State and Local governments whose employees are engaged in hazardous waste operations and emergency response. The OSHA regulations apply directly to private and Federal employees and to those State and Local government employees in the States having OSHA-approved plans. The OSHA and U.S. EPA worker protection standards (29 CFR 1910.120 and 40 CFR 11) implement Section 126 of SARA. U.S. EPA's worker protection regulations cover State and Local government employees without OSHA-approved plans (reference 300.150 of the NCP).

The employer conducting the cleanup must comply with all the requirements in (b) through (o) of the OSHA standard unless the cleanup is done on plant property using plant or workplace employees. The requirements under (b) through (o) of the standard specify a minimum of 24 hours of off-site training. If the cleanup is done on plant property using plant or workplace employees, the employer must comply with the training requirements of 29 CFR 1910.38(a), 1910.134, 1910.120, and other appropriate training made necessary by the tasks they are expected to perform. During emergency responses under 29 CFR 1910.120, the employer must comply with 1910.120 (q).

Based on experience with the standard (29 CFR 1910.120 [q][11][i]) during oil spills off the coasts of Texas, Alaska, and California, the hazards to employees vary widely in severity of potential injury or illness. For job duties and responsibilities with a low magnitude of risk, fewer than 24 hours of training may be appropriate for these post-emergency cleanup workers. It is the expectation of OSHA that though the number of hours of training may vary, a minimum of four hours would be appropriate in most situations. Moreover, petroleum spills are unique in that many people who assist in the cleanup operations may not engage in this activity on a recurring basis. In addition, for maximum protection of the environment, petroleum spills dictate cleanup must be completed as soon as possible. (OSHA Instruction CPL 2-2.251). The DOL RRT representative is responsible for determining site-specific training requirements.

2.11.2. Safety and Environmental Health Officer

The Ninth and the Eighth Coast Guard District offices each maintain a billet for a Safety and Environmental Health Officer (SEHO; District Industrial Hygienist). Primary responsibility of the incumbent is to provide occupational safety and health support for USCG Marine Safety personnel. This includes pollution response operations. The SEHO can provide USCG OSCs with advice on safety and health matters and can assist, on-scene, in environmental and medical monitoring activities. Outside of normal working hours, OSCs may request the services of the SEHO through the District Operations Center.

2.11.3. Emotional Health Services

Emergency workers often experience delayed reactions to the death and destruction caused by explosion, fire, or oil and chemical releases. No one is immune to the tragedy and mental stress. Responders should be debriefed within one week of their return home. It is each member agency's responsibility to ensure that its employees have this type of training. Contact FEMA for materials that address this aspect of emergency response.




Section 3: Operations

3.1. Assessment/Classification of Discharge

When the OSC receives a report of a discharge, initial actions include investigating the report to determine the threat posed to human health or welfare of the United States or the environment, the type and quantity of polluting material, and the source of the discharge. The OSC then officially classifies the size (i.e., minor, medium, major) and type (i.e., substantial threat, worst case discharge) of the discharge and determines the course of action to be followed.

3.1.1. Spill of National Significance

A Spill of National Significance (SONS) is a spill that due to its severity, size, location, actual or potential impact on the public health and welfare or the environment, or the necessary response effort, is so complex that it requires extraordinary coordination of Federal, State, Local, Tribal, and responsible party resources to contain and clean up the discharge.

A discharge may be classified as a SONS by the Administrator of U.S. EPA for discharges occurring in the inland zone and the Commandant of the USCG for discharges occurring in the coastal zone. For a SONS in the inland zone, the U.S. EPA Administrator may name a senior Agency official to assist the OSC in communicating with the affected parties and the public and coordinating Federal, State, Local, Tribal, and international resources at the national level. This strategic coordination will involve, as appropriate, the NRT, RRT(s), the Governor(s) of affected State(s), and the mayor(s) or other chief executive(s) of Local government(s).

3.1.2. Worst Case Discharge

CWA Section 311(d)(2)(J) requires the ACP to include procedures and standards for removing a worst case discharge of oil, and for mitigating or preventing a substantial threat of such a discharge.

A "worst case" discharge for the purposes of this plan will be the catastrophic release as identified in Facility Response Plans (FRPs) submitted to U.S. EPA. Since this is a requirement of OPA, only oil scenarios will be listed. Appendix 4 presents a list of facilities by State, city, and name, and the worst case discharge and the water body threatened. Facilities are also cited on the maps of sub-areas.

3.2. Operational Response Objectives

The priority response objective is protection of public health and safety, which includes response worker health and safety. Protection of the environment and public welfare (infrastructure) are also important response objectives, but are subordinate to public and worker safety.

3.3. Discharge or Release Control

3.3.1 Actions to Lessen Impact

Defensive actions should begin as soon as possible to prevent, minimize, or mitigate the threat to the public health or welfare or to the environment. Actions may include the following:

  1. Analysis of water samples to determine the source and spread of the contaminants;

  2. Control of the source of the discharge;

  3. Measurements and sampling;

  4. Source and spread control or salvage operations;

  5. Placement of physical barriers to deter the spread of the oil or to protect sensitive environmental resources through coordination with resource agency specialists;

  6. Control of the water discharged from upstream impoundments; and

  7. If approved, the use of chemicals and other materials to restrain the spread of the oil and mitigate its effects, in accordance with the NCP. Use of chemical agents is not pre-approved in Region 5.

Appropriate actions should be taken to recover the oil or mitigate its effects. Of the numerous chemical or physical methods that may be used, the chosen methods should be the most consistent with protecting the public health and welfare and the environment. Sinking agents shall not be used.

1. General Guidelines for Oil Spills

Shoreline Cleanup Guideline Matrices (included in disk form in Appendix 5) have been developed for the U.S. EPA Region 5 Area by the RRT. These guidelines address the use of specific countermeasures on various shoreline habitats for four oil types. The shoreline types are listed in relative order of sensitivity. Habitat sensitivity is a function of a range of factors, including degree of exposure to natural removal processes, biological productivity and ability to recover following oil exposure, human use of the habitat, and ease of oil removal. These correlate directly with the rankings used in the Environmental Sensitivity Index (ESI) atlases published for the U.S. Great Lakes by NOAA.

The classifications developed for these matrices indicate the relative environmental impact expected as a result of implementing the response techniques on a specific shoreline. The relative effectiveness of the technique was also incorporated into the matrices, especially where use of the technique would result in longer application and thus greater ecological impacts, or leave higher oil residues in the habitat.

2. Oil Removal Actions

Selection of appropriate oil spill protection, recovery, and cleanup techniques prior to and following an oil spill is a critical element affecting the ultimate environmental impact. To choose those techniques which most effectively prevent or minimize adverse ecological impact, it is important to identify techniques which have minimal intrinsic ecological impacts and are also effective in minimizing the impact of the oil. Furthermore, it is important that these response techniques be pre-planned so that in the event of a spill, minimal time be spent preparing for the response. See Options for Minimizing Environmental Impacts of Freshwater Spill Response Actions (American Petroleum Institute [API]/NOAA, 1994), included in disk form in Appendix 6.

Refer to Section 3.8 of this plan for details on disposal of recovered oil and contaminated materials.

As stated previously, the OSC directs response efforts and coordinates all other efforts at the scene of a discharge. As part of this effort, and following notifications as described in Section 2.10.2., the OSC should:

  1. Collect information about the discharge including source and cause;

  2. Identify responsible parties;

  3. Obtain technical data including amount, exposure pathways, and time of travel;

  4. Determine potential impact on human health and the environment;

  5. Determine whether spill poses a substantial threat;

  6. Assess impact on natural resources and other property;

  7. Determine protection priorities; and

  8. Document costs.

OSCs shall consult with the natural resource trustees and appropriate Local, Tribal, State, and Federal response agencies on all removal actions. OSCs may designate capable persons from Local, State, or Federal agencies to act as their on-scene representatives. FEMA should be notified of all potential major disaster situations.

Properly trained volunteers can be used for such duties during an incident as beach surveillance, logistical support, and bird and wildlife rehabilitation. Such use of volunteers must, however, be approved by the appropriate State, Federal, and Native American fish and wildlife officials. Unless specifically requested by the OSC, these volunteers generally should not be used for physical removal or mitigative activities. If, in the judgement of the OSC, dangerous conditions exist, these volunteers shall be restricted from on-scene operations.

All response actions shall be conducted in accordance with the NCP. Oil recovered in cleanup operations and contaminated materials shall be disposed of in accordance with this RCP/ACP and Local contingency plans.

3.3.2. Use of Chemical Agents

The OSC must choose the best method from the available response tools in any incident. The physical recovery and removal of oil is the preferred cleanup technique. Under certain conditions, however, chemical agents can be an effective tool. There are no pre-approved uses of chemical agents in Region 5. If chemical use is considered, the guidelines below are intended to aid the OSC in making a decision.

U.S. EPA has compiled the NCP Product Schedule, a list of dispersants and other chemicals which the OSC and/or PRP may consider for use during a spill emergency. The Product Schedule does not authorize or pre-approve use of any of the listed products. The OSC may not authorize use of a product that is not listed on the Product Schedule.

Sinking agents shall not be used in U.S. EPA Region 5. U.S. EPA Region 5 does not promote the use of dispersants or other oil emulsifiers. The use of surface collecting agents, biological additives, burning agents, or miscellaneous oil spill control agents on surface waters, particularly near sensitive wetland or water supplies (fresh water systems) must be approved by State and/or Federal agencies. Such use adds to the potential for serious impact of already released petroleum products. This stance is necessary to protect subsurface water intakes (potable and non-potable).

The Region does recognize, however, that as a last resort, such agents may have some limited applicability. An example of a situation in which chemical use might be considered for reasons other than protection of human life is during the migratory season, when significant migratory bird or endangered species populations are in danger of becoming oiled.

1. Steps for Application for Use of Chemical Spill Control Agent

The OSC may authorize or is authorized to use any chemical product without requesting permission if its use is necessary to prevent or substantially reduce a hazard to human life. The RRT should be notified as soon as practicable. In situations where a human hazard is not present, the OSC must receive the concurrence of (1) the RRT Co-Chair and (2) the RRT representative(s) of the affected State(s), in consultation with (3) the DOI RRT member and, where the Great Lakes are affected, the DOC RRT member, where practicable, before authorizing use of a listed product.

The OSC may consult with the NOAA SSC prior to chemical agent application in U.S. EPA Region 5. The NOAA SSC provides oil spill modelling results, interpretation of ESI maps, location of sensitive areas, chemical effects, and environmental risks.

The OSC will request approval from the RRT to use chemicals on behalf of the spiller. Use of chemicals on a Regional boundary should include the appropriate RRT members of the bordering Region. The RRT shall be notified of any chemical use as soon as practicable.

2. Chemical Use Checklist

The OSC/RPM will supply the appropriate members of the RRT with the information contained in the checklist. The checklist provides information concerning the circumstances of the spill, trajectories, environmental resources at risk, and available decision makers with the information necessary to make a decision on the use of chemical agents. Reference Appendix 7 for the Chemical Use Checklist.

3.3.3. Use of In-Situ Burning in U.S. EPA Region 5

In order to minimize the environmental impacts and facilitate effective cleanup of an oil spill, responders have a limited number of techniques available to them. These include mechanical methods, the use of certain chemical countermeasures, and in situ burning. Under certain specific conditions, in situ burning may offer a logistically simple, rapid, inexpensive, and relatively safe means for reducing the shoreline impacts of an oil spill. Moreover, because a large portion of the oil is converted to gaseous combustion products, the need for collection, storage, transport, and disposal of recovered material can be substantially reduced. In situ burning may be able to remove a large amount of spilled oil before spreading and drifting of the spill fouls shorelines and threatens wildlife. In certain circumstances, such as oil spilled in ice conditions, burning may be the only viable response technique. For these and other reasons, in situ burning is gaining attention and favor as a potential oil spill response technique.

The complete text of "In Situ Burning of Oil as a Response Tool in Region 5," Parts I and II (January 1996) is presented as Appendix 8 of this Plan.

3.4. Decontamination

Personnel responding to hazardous substance incidents may become contaminated in a number of ways, including contacting vapors, gases, or particulates in the air; being splashed by materials while sampling or opening containers; walking through puddles of liquids or on contaminated soil; or through using contaminated instruments or equipment. Decontamination consists of physically removing contaminants or changing their chemical nature to innocuous substances. How extensive decontamination must be depends on a number of factors, the most important being the type of contaminants involved.

A decontamination plan should be developed as part of the safety plan for an emergency response. The initial decontamination plan is based on a worst-case situation or assumes no information is available about the incident. Specific conditions (e.g. type of contaminant, amount of contamination, levels of protection required, type of protective clothing worn) are then evaluated, and the initial decontamination plan is modified to adapt as new information about site conditions becomes available. All materials and equipment used for decontamination must be disposed of properly.

In addition to routine decontamination procedures, emergency decontamination procedures must be established. In an emergency, the primary concern is to prevent the loss of life or severe injury to site personnel. If immediate medical treatment is required to save a life, decontamination should be delayed until the victim is stabilized. If decontamination can be performed without interfering with essential life-saving techniques or first aid, or if a worker has been contaminated with an extremely toxic or corrosive material that could cause severe injury or loss of life, decontamination must be performed immediately. During an emergency, provision must also be made for protecting medical personnel and disposing of contaminated clothing and equipment.

The OSC is responsible for addressing worker health and safety concerns at a response scene, in accordance with 40 CFR Section 300.150.

3.5. Non-Responder Medical Needs

3.5.1. Population Protective Actions

Protective actions for human populations are either shelter in place, evacuation, or some combination of the two (e.g. evacuate the general population but shelter bedridden patients, jail populations, etc.). Guidance is currently being developed by FEMA in conjunction with other Federal agencies on the decision-making process between evacuation and in-place sheltering. Until that guidance is out, it should be noted that if no decision is made, people will, by default, be sheltered in place, albeit not as effectively.

3.5.2. Radiological Emergencies

The first priority of response personnel is to assess the health and welfare of individuals involved in the emergency incident. Immediate medical attention is given to seriously injured persons; the hospital is alerted and transportation is requested as necessary.

An initial survey of the area should be performed to determine radiologically contaminated areas and, if possible, to identify an uncontaminated area to which any injured persons can be removed. Contamination monitoring of all injured persons should be performed in the clean area and appropriate decontamination performed, if necessary. Seriously injured individuals who cannot be completely decontaminated should be wrapped in blankets to prevent the spread of contamination during transport. These individuals should also be tagged to alert medical personnel to their contaminated status. Each tag should include the name of the individual, the injuries identified, the date and time of the incident, suspected contaminants, and the locations and levels of contamination.

Provisions for bioassay and nasal smears should be made in all cases of suspected internal contamination of affected individuals or response personnel.

3.6. Wildlife Conservation

The U.S. EPA Region 5 Area Contingency Plan, Fish and Wildlife and Sensitive Environments, appears as Appendix 9 of this plan.

The contamination of wildlife by oil has a high public impact which must be recognized by the OSC and members of the RRT. Public interest, inquiries, criticism, and demands for the cleaning of affected wildlife can seriously hamper the OSC's ability to proceed with mitigation of the spill. Early inspection of impacted or potentially impacted areas known to be wildlife habitat should be made by the OSC, and at the first sign of wildlife involvement, the OSC/RPM should contact the DOI representative to the RRT5 to request organization and supervision of the wildlife protection efforts. Funding will be required either from a responsible party or the pollution fund for these efforts. The following brief synopsis outlines the three elements of a wildlife conservation program:

  1. Protection: Hazing devices and removal of dead impacted wildlife may be helpful in keeping other wildlife from impacted areas. Baiting clean areas is another method of protecting unoiled wildlife.

  2. Collection: Only trained collectors should be allowed to participate, due to safety considerations such as (1) the potential for contact with pollutants; (2) physical hazards involved in the handling of wildlife; and (3) the potential for additional stress placed on the wildlife involved. Federal and State permits are required for collection of most wildlife.

  3. Rehabilitation: This medical procedure should be done only by trained and permitted supervision. In addition to trained and permitted rehabilitators, considerable additional resources--including trained volunteers, supplies, and facilities--are critical to a timely and effective rehabilitation effort.

Tri-State Bird Rescue and Research, Inc., of Wilmington, Delaware, and International Bird Research and Rehabilitation Center of Berkeley, California, are the two nationally recognized centers that can assist in planned or emergency training and organization of wildlife conservation efforts. Several regional centers have experience with oiled wildlife. USFWS Regional Pollution Response Coordinators are sources of these and other contacts in the Region (see Appendix 9). A reference manual, Oiled Bird Rehabilitation: A Guide for Establishing and Operating a Treatment Facility for Oiled Birds, has been prepared by Tri-State Bird Rescue and Research, Inc., and is a valuable resource for learning more about all aspects of wildlife conservation. Contact Tri-State Bird Rescue and Research, Inc., at (302) 737-7241.

3.7. Evidence for Cost Recovery Actions

3.7.1. Sample Collection Procedures

The OSC must observe precautions when collecting and handling liquid samples for analyses, as the character of the sample may be affected by a number of common conditions. Standard agency protocol are to be followed in the collection and shipment of all samples. Reports of laboratory analyses will be forwarded to the appropriate RRT Co-Chair for transmittal to counsel.

3.7.2. Photographic Records

Conditions should be photographed to show the source and the extent of oil or hazardous material, if possible using both color and black-and-white film. The following information should be recorded on the back of each photographic print: (a) name and location of vessel or facility; (b) date and time the photo was taken; (c) names of the photographer and witnesses; (d) shutter speed and lens opening; and (e) type of film used and details of film processing.

3.7.3. Chain-of-Custody Record

All samples and other tangible evidence must be maintained in proper custody until orders have been received from competent authority directing their disposition. Precautions should be taken to protect the samples from breakage, fire, altering, and tampering. It is important that a chain-of-custody of the samples be properly maintained and recorded from the time the samples are collected until ultimate use at the trial of the case. In this regard, a record of time, place, and name and title of the person collecting the sample, and each person handling same thereafter, must be maintained and forwarded with the sample. Form No. l-EPA-3500-5-1 may be used. U.S. EPA Regional procedures for sample collection, transport and custody are to be used for all samples submitted to the Central Regional Laboratory, U.S. EPA Region 5, 536 South Clark Street, Chicago, Illinois 60605.

3.8. Waste Management

3.8.1. State Disposal and Management

Although the 1992 40 CFR Part 279 rules are not all immediately applicable Region-wide, individual States can enforce the rules as a matter of State law. Illinois, for example, has already promulgated equivalent regulations to 40 CFR Part 279. In addition, some States (e.g., Wisconsin) may prohibit the land disposal of oils.

3.8.1.1 Illinois

IEPA expedites spill residue disposal permitting through its Emergency Action Center in Springfield. Permits are required for open burning and may be prescribed in some cases. Spill residues are considered Special Wastes in Illinois and require permit authorization numbers from IEPA for acceptance for disposal in a landfill. The procedural aspects of such permits can be expedited by IEPA but the technical requirements must be met (i.e., characterizations of the waste and its suitability for acceptance by a particular facility). IEPA maintains a current list of hazardous materials remediation contractors and disposal/treatment facilities, as well as a list of licensed waste haulers.

During office hours, IEPA can issue emergency generator identification numbers (both State and Federal). During non-office hours, IEPA may issue exemptions for procedural requirements when necessary to prevent additional damage to the environment. Out-of-state wastes may require additional review time. Contact the Duty Officer at (217) 782-3637 (office) or through (217) 782-7860 (24 hours).

3.8.1.2 Indiana

IDEM's ERS facilitates issues related to waste management and disposal. The Indiana Code under Title 13 and Indiana Administrative Code includes laws related to these issues.

  1. Treatment and Disposal of Solid and Hazardous Waste: The Office of Solid and Hazardous Waste Management (OSHWM) is responsible for approving disposal of wastes from spill cleanups. Approval for disposal depends on the material spilled and the contaminated media. Disposal of non-hazardous wastes in Indiana landfills requires prior approval by submitting an application to the Special Waste Section of OSHWM. Several landfills have been pre-approved to receive soil, debris, booms, etc., contaminated with virgin petroleum products. Approval must be obtained from the landfill. Disposal of Resource Conservation and Recovery Act (RCRA)-hazardous wastes is subject to State and Federal requirements. IDEM has no specific laws regarding bioremediation or land-farming of contaminated soil. The Underground Storage Tank Guidance manual does contain guidance. Generally, decisions are made on a case-by-case basis. For questions regarding treatment, disposal, or permit issues related to cleanups, call (800) 451-6027 from within Indiana or (317) 232-8603 from outside Indiana.

  2. Explosives: ERS Responder is authorized to approve emergency detonation of explosives. RCRA Subpart X Permits for detonation of explosives must be obtained from U.S. EPA Region 5.

  3. Open Burning: ERS Responder is authorized to approve open burning of spilled petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire hazard or water pollution problem. General information regarding open burning can be obtained from the Office of Air Management at (317) 232-5672.

  4. Hazardous Waste Generator Identification Numbers: Emergency identification numbers are obtained from OSHWM during normal business hours at (317) 232-8925. ERS Responders are authorized to approve transport of hazardous waste during a spill when the waste cannot be left on site.

  5. Hazardous Materials Transporters: The Indiana State Police Motor Carrier Division inspects and regulates the transport of DOT hazardous materials. General information can be obtained during normal business hours at (317) 233-6026.

  6. Treatment and Disposal of Wastewater: Wastewater from a spill can be discharged into a sanitary sewer with the approval of the wastewater treatment facility. To discharge treated water to surface water, the responsible party must obtain a permit from the Office of Water Management. General information can be obtained during normal business hours at (317) 232-8760.

3.8.1.3 Michigan

To be written.

3.8.1.4 Minnesota

In Minnesota, disposal options for waste generated from a spill vary, depending on the contaminant and waste media. The MPCA Emergency Response Team members can assist the responsible party and expedite the necessary approvals for disposal of wastes generated from spills. In some emergency situations, the Team members may grant approval directly. Waste generated from oil spills can be disposed as follows:

Oil-contaminated water
After removal of free oil, the contaminated water can be stored for later treatment or disposed by discharge with approval to a Local wastewater treatment plant, surface water, or on land. In some cases, the water may require carbon filtration and/or air stripping before discharge.

Oil-contaminated soil
There are several options--land applying or land farming, composting, and thermal treatment. The MPCA has developed guidance for these options.

Oil-contaminated debris
Possible options are co-incineration with municipal or industrial solid waste, open burning (permit required), or landfill deposition, depending on the volume, level of contamination, and location of the waste.

Oil-contaminated sorbent
For heavily saturated sorbent, incineration of these materials at a permitted solid waste facility is the only option. In some cases where little waste is generated and the sorbent has little contamination, the material can be wrung out, dried, and landfilled.

Burning oil spills
The MPCA ERT is authorized to approve the burning of oil spills with the concurrence of Local authorities and the Department of Natural Resources.

All disposal options must be approved by MPCA staff prior to disposal.

3.8.1.5 Ohio

The Division of Emergency and Remedial Response OSCs facilitate disposal of soils, spilled product, and contaminated water with the appropriate staff of other OEPA divisions. The Ohio Revised Code and Administrative Code provides emergency permitting for open burning, recovery and injection wells, and assigns explosives and hazardous waste emergency generator identification numbers.

Explosives
Under emergency conditions, the OEPA Emergency Response Duty Officer or OSC may grant verbal approval to Local officials to detonate explosives. During business hours the responsible party must complete an application with the Central Office Division of Hazardous Waste Management; contact (614) 644-2917.

Open Burning
The OSC may authorize open burning of hydrocarbons and associated debris if the material and spill site meet established criteria. Any open burning is coordinated with the fire department, air Local, and the OEPA Division of Air Pollution Control through the district offices. Requests are handled on a case-by-case basis.

Hazardous Waste Generator Identification Numbers
Emergency Hazardous Waste Generator Identification Numbers are now assigned by the OEPA Division of Hazardous Waste Management during business hours; contact (614) 644-2977. The Duty Officer and OSC may facilitate this process and help identify possible sites for waste storage and disposal.

Hazardous Material Transporters

The Public Utilities Commission of Ohio (PUCO) registers Hazardous Material Transporters for OEPA. Over 500 companies are registered by the State of Ohio. The PUCO Transportation Division also enforces U.S. DOT's motor carrier safety laws; contact (614) 466-3191.

Groundwater/Wastewater Discharges
The Division of Public Drinking Water oversees the construction standards for well construction. Enhanced recovery, involving shallow injection wells, requires a permit. Recovery wells, which result in a discharge to waters of the State, requires best available treatment standards to be met. Recovery systems may require the owner/operator to apply for a permit to install. Typically, activated carbon is used on oil/water separation recovery systems before discharge to waters of the State is allowed. Permit applications are handled by the district office staff.

Other
Treatment options such as on-site treatment or vapor recovery are handled on a case-by-case basis by the OSC.

3.8.1.6 Wisconsin

Wisconsin has recently adopted a rule series entitled, "Investigation and Remediation of Environmental Contamination," which includes specific rules on immediate and interim actions (NR 708); management of solid wastes excavated during response actions (NR 718); soil cleanup standards (NR 720); standards for selecting remedial actions (NR 722); remedial and interim action design, implementation, operation, maintenance and monitoring requirements (NR 724); and case closure (NR 726). The cleanup program is a decentralized program, and as such, staff are available in the five regional offices for technical assistance. Each regional office has a Spill Coordinator to assist in spill-related technical questions.

With respect to hazardous waste disposal, in 1991 Wisconsin issued an "Interim Policy for Promoting the In-State and On-Site Management of Hazardous Wastes in the State of Wisconsin," a policy designed to promote the recycling of hazardous wastes and the on-site and in-state treatment and disposal of hazardous wastes resulting from cleanup actions.

3.8.2. Federal Disposal - Hazardous Materials

In order to ensure proper treatment and disposal of hazardous substances recovered from CERCLA emergency response or removal sites, Section 300.65 of the NCP requires that off-site transport of hazardous substances use only facilities operating under appropriate Federal or State permits or authorization. Hazardous substances removed from such sites may be transferred only to facilities that are operating in compliance with RCRA, TSCA, and all applicable State requirements. These requirements also preclude the use of disposal units that have releases of hazardous wastes or hazardous constituents, and of disposal facilities that have releases which have not been addressed by corrective action.

U.S. EPA issued policies and procedures related to these requirements on November 13, 1987, entitled "Revised Procedures for Implementing Off-site Response Actions" (Office of Solid Waste and Emergency Response [OSWER] Directive 9834.11). Specific OSC roles and responsibilities for implementing the requirements can be found in Section IV of the Superfund Removal Procedures Manual, dated February 1988 (OSWER Directive 9360.03B).

The OSC should coordinate closely with the Regional RCRA Off-site Coordinator (RROC), and/or TSCA personnel and the State, as appropriate.

3.8.3. Federal Management - Oil

The NCP, Appendix E to Part 300, Oil Spill Response, Section 5.4, states that oil recovered in cleanup operations shall be disposed of in accordance with the RCP, ACP, and any applicable laws, regulations, or requirements. RRT and ACP guidelines may identify the disposal plans to be followed during an oil spill response and may address: the sampling, testing, and classifying of recovered oil and oiled debris; the segregation and stockpiling of recovered oil and oiled debris; prior State disposal approvals and permits; and the routes, methods (e.g. recycle/reuse, on-site burning, incineration, landfilling, etc.), and sites for the disposal of collected oil, oiled debris, and animal carcasses.

The Solid Waste Disposal Act as amended by the Used Oil Recycling Act (1980) and the Hazardous and Solid Waste Amendments (1984) provide the statutory authority for RCRA, as amended regulations applying to recovered oils and oily wastes. In 1992, U.S. EPA promulgated new used oil regulations at 40 CFR Part 279; these regulations incorporate the old used oil fuel requirements formerly codified at 40 CFR 266, Subpart E (1986 - 1992 CFRs). The new used oil management standards at 40 CFR Part 279 apply only to "used oil", defined as any oil that has been refined from crude oil, used, and, as a result of such use, contaminated by physical and chemical impurities. If used oil is destined for disposal, the 40 CFR Part 279 regulations reference the RCRA hazardous waste management standards. Mixtures of waste oil (i.e., spilled, unused product oils) and used oil are regulated as used oil. Waste oil and oily wastes are subject to the hazardous waste management regulations at 40 CFR Parts 124, 260-266, 268, and 270. Non-hazardous used oil may be disposed of in an industrial or a municipal solid waste landfill (each State may have additional, more stringent requirements), in accordance with 40 CFR 257 and 258.

It is Federal policy to recycle waste and used oils rather than dispose of them. Under the pre-1992 used oil regulations, used oil destined for recycling (in any way other than burning for energy recovery) is exempt from regulation as a hazardous waste. The 1992 used oil management standards do address all recycling activities. Recycling of waste oils and oily wastes is addressed by applicable hazardous waste management regulations.

Determining which used oil regulations apply to a particular spill is complicated by U.S. EPA's use of different statutory authority for the pre-1992 used oil fuel regulations than for the September 10, 1992, used oil management standards. The pre-1992 used oil regulations are Federally enforceable requirements in all U.S. EPA Region 5 States. The 1992 used oil management standards will become Federally enforceable requirements as the individual States promulgate the regulations and become authorized for them. The relationship between 40 CFR 266 Subpart E and 40 CFR Part 279 was clarified in a May 3, 1993 Federal Register final rule (58 FR 26420-26426).

Call the RCRA Hotline at (800) 424-9346 for answers to spill cleanup questions.




Section 4: Planning

4.1. Resource Protection

Mitigation and cleanup of spills requires a knowledge of resources at risk. Because many source locations and pollutant paths are possible, a strict prioritization of protection strategies is difficult. However, identification of resources potentially at risk before an incident, and discussion of their relative importance, are useful processes, both technically and from communications and human standpoints.

Sources of resource information are provided in this section. Planning is the preferred means to identify protection strategies, as it reduces time required to implement effective protective measures and improves coordination through prior personal contact between responsible agencies. Where planning has not been completed, early notification and coordination with the appropriate agencies is critical. This section identifies types of resources to be considered for protection. Additional contacts for resource information are provided in Appendix 9.

4.1.1. Cultural Sites

Identification of culturally sensitive sites in the vicinity of a spill can be accomplished by contacting the State Historic Preservation Officer (SHPO). This individual is generally associated with the State Historical Preservation Office or Society, which may or may not be within a department of State government. Additionally, DOI's NPS has responsibility for sites located on Federal lands within the Region, and can serve as a liaison to request NPS assistance concerning these resources. A list of these contacts for U.S. EPA Region 5 is provided in Appendix 10. These contacts are generally available during business hours only.

4.1.2. Drinking Water Intakes

One of the major differences between coastal marine spills and freshwater spills (to Great Lakes and inland surface waters) is the potential impact on drinking water supplies. In many cases users of surface waters do not have an alternate source of supply, nor do they have treatment or monitoring facilities for oil or chemical contamination.

Identification of drinking water authorities responsible for the water intakes in surface waters may be found in USCG Local Contingency Plans, State Health Departments, and Locally in Emergency Management Plans, which can be downloaded from disks included in Appendix 11.

4.1.3. Environmentally and Economically Sensitive Areas

Sensitive areas include, but are not limited to, Federal- and State-managed natural resource areas, endangered species habitats, potable water intakes, marinas, and archeological and Tribal use areas. Owners/operators, in the preparation of their FRPs, should also incorporate Locally managed environmentally and economically sensitive area information for inclusion in the FRP.

Appendix 9, the Fish and Wildlife Annex to the U.S. EPA Region 5 RCP/ACP, identifies and establishes priorities for fish and wildlife resources and their habitats and other important sensitive areas requiring protection from any direct or indirect effects from discharges, and provides mechanisms for timely identification of protection priorities during a spill response.

4.1.3.1. Fish, Wildlife, and Plants

USFWS Field Response Coordinators are the primary Federal contact for information about migratory birds, endangered and threatened species, and fish and wildlife at risk as a result of spills in the inland and coastal zones. The list of current USFWS personnel and their geographic areas of expertise and/or responsibility is provided in Appendix 9.

Each State has Fisheries and Wildlife Biologists who may be assigned to a Department of Natural Resources or other State agencies. These personnel are assigned to geographic areas within a State (district or region) and are listed in Appendix 9. They can also be identified through State emergency response agencies or USFWS Pollution Response Coordinators.

Each State has a Natural Heritage or Natural Features Inventory. These databases were initiated by The Nature Conservancy and have been turned over to States for management. These inventories incorporate observations of endangered, threatened, and otherwise specially designated species of fish, wildlife, and plants. The Inventory is generally housed in the State Department of Natural Resources. Telephone numbers for U.S. EPA Region 5 Inventories are listed in Appendix 12. This information is generally available during business hours only.

The Great Lakes Indian Fish and Wildlife Commission (GLIFWC) can be a source of technical assistance in understanding Native American fish and wildlife management and cultural values.

Sea Grant Universities and Extension Agents may be a source of Local knowledge outside the public sector. These agents have contact with Local scientists, fishermen, environmental groups, and other sources that may supplement information provided by regulatory agencies. They may be contacted through the NOAA SSC.

4.1.3.2. Protected Habitat

Updated information on protected habitat and economically and environmentally sensitive environments is provided in this Plan in three separate appendices, one for each of the three drainage basins in Region 5: the Great Lakes Basin, the Mississippi River Basin, and the Ohio River Basin (Appendix 11). Each appendix contains detailed information, in digital format, regarding the environmentally and economically sensitive areas, and Tribal interests. Descriptive information, maps, and emergency contact lists are also included. The text in the appendices provides further instructions on accessing the data available on the disks.

A variety of protected areas such as forests, parks, preserves, reserves, management areas, etc., are managed by public or private organizations such as The Nature Conservancy/Heritage Foundation (see Appendix 9 for listings of protected areas). Additional sources of this information include Federal or State land management agencies, which include the Departments of the Interior, Agriculture, and Commerce at the Federal level and their counterpart agencies at the State and Local levels.

4.2. Natural Resources Damage Assessment

As natural resource(s) trustees, agencies are responsible for assessing damages to resources under their jurisdictions occurring as a result of oil spills or the release of hazardous substances. Additionally, agencies are responsible for seeking recovery for losses from the responsible person(s) and for devising and carrying out rehabilitation, restoration, and replacement of injured natural resources. Where more than one natural resource(s) trustee has jurisdiction over a resource, these agencies will coordinate and cooperate in carrying out the activities described above (reference NCP 300.600). Damage assessment is controlled by the designated natural resource(s) trustees and not response; however, it is important for natural resource(s) trustees to work with the OSC/RPM to coordinate activities as necessary.

DOI is the Federal natural resource(s) trustee for migratory birds, certain anadromous fish, endangered species, and DOI-managed lands such as National Parks and Recreation Areas and Wildlife Refuges. The DOI Office of Environmental Policy and Compliance manages the Department's natural resources trust and response programs for natural and technological incidents, such as oil spills, hazardous substance releases, radiological accidents, floods, hurricanes, and earthquakes, that may affect natural resources or Departmental lands or facilities. This includes supervision of DOI's participation in contingency planning, response activities, technical assistance, and training exercises. In this regard it represents the Department in the NCP, the FRERP, the National Plan for Federal Response to a Catastrophic Earthquake, and other Federal response plans for natural and technological hazards on national and regional response teams.

The DOI Office of Environmental Policy and Compliance is the initial contact for notification and for overall coordination of its trustee activities. USFWS is the program manager for endangered species, anadromous fish, and the lands in the National Wildlife Refuge system, and will be among those involved for DOI in spill incidents because of its responsibility for these resources. Those agencies such as DOD, DOE, the Department of Agriculture, U.S. National Forest Service, and NOAA may serve as co-trustees with DOI. At the time of a spill, the trustees of affected State and Tribal communities and Federal trustees will meet and select one agency to act as Lead Administrative Trustee (LAT) and will convene a trustee group to ensure the best possible coordination of natural resource trustee activities such as data gathering, damage assessment, and negotiations with responsible parties (see Appendix 9). DOI and DOC (NOAA) can also provide technical assistance to those agencies for the initiation of damage assessment procedures. The Federal damage assessment regulations for oil discharges mandated under OPA were developed by NOAA and are now final. The regulations developed by DOI under CERCLA and CWA authorities apply to releases of hazardous substances, and are in effect and available for trustee guidance and use.

Specific natural resource trustee activities which may be expected to begin during a response include, but are not limited to, convening the trustee group; developing and implementing initial sampling plans; establishing the lead administrative trustee; developing initiation requests to the OSLTF; selecting appropriate assessment strategies; and implementing longer-term assessment studies. The NOAA SSC can serve as the liaison between the OSC and the Trustee conducting damage assessment data collection efforts.

In U.S. EPA Region 5, the DOI Office of Environmental Policy and Compliance contact is located in Philadelphia, Pennsylvania, at (215) 597-5378.

4.3. Field Survey Techniques

4.3.1. Remote Sensing

A variety of land-based remote sensing methods exist which have been successfully used and are commercially available through contractors. Contact U.S. EPA and their Superfund Technical Assessment Team (START) or Emergency Response Cleanup Services (ERCS) contractors for details and access to these resources.

Aerial remote sensing, primarily used for locating pollutants in water, is in its early stages of development. Technologies are similar to land-based systems; however, data acquisition and interpretation are costly and of limited value. The agencies listed below have capabilities and experts that can be consulted regarding the use of these techniques.



4.3.2. Underwater Response

  1. Underwater Survey Equipment: The following underwater survey equipment is available to the Region through the ERT. Contact Dr. David Charters (business hours 908-906-6825; residence 908-321-6660).

    Remote-Operated Vehicle (ROV)
    For use in observing underwater objects from shore or boat (1,000-foot depth limit).

    Mesotech Sonar
    Mounted on ROV to locate any object above bottom sediments. ROV directed to potential drums by sonar.

    Proton Magnetometer
    Locates metal objects underwater. Towed behind a boat.

    Sediment and Water Sampling Equipment
    Ability to sample water and sediments at any depth. Analyses performed at ERT's laboratory facilities, Edison, New Jersey.

    Twenty-foot Boston Whaler
    Trailerable boat specially designed for underwater electronic surveys and diving operations.

    Side-Scan Sonar Survey Equipment
    Accurately maps bottom.

  2. Diving Capabilities

    ERT Diving Team
    Three U.S. EPA-certified divers with Level B-equivalent diving gear. Contact Dr. David Charters, ERT's Unit Dive Officer (business hours: 908-906-6825; residence 201-321-6660).

    Commercial (Contract) Divers
    For long-term underwater removals, Region 5 uses private diving firms which comply with U.S. EPA's Chapter 10 Diving Safety Regulations. Contact Walter Nied, Unit Dive Officer, U.S. EPA Region 5 (312-886-4466), for a list of qualified diving contractors and required equipment modifications.

    Various Diving Equipment
    Available from any of U.S. EPA's five diving units.

4.3.3. Technical Support Section

The Technical Support Section, Office of Superfund, Region 5, has the ability to perform limited field surveys at hazardous waste sites. The Section has staff and equipment to perform four broad categories of surveys using various techniques and field equipment:

  1. Surface Geophysical Surveys - using ground-penetrating radar, electromagnetic surveys, magnetometers, seismic refraction, and resistivity measures.

  2. Subsurface geophysical surveys - using seismic tomography, electromagnetic surveys, natural gamma detection, single-point resistivity, spontaneous potential measures, fluid resistivity, and various borehole measures.

  3. Hydrogeological surveys - including water sampling, pump tests, and slug tests.

  4. Ecological surveys - including ecological assessments and wetland delineations.

The Section also has equipment to conduct x-ray fluorescence surveys to detect metals in soil.

4.4 Weather Information

NOAA's NWS forecast offices are operated 24 hours a day and primarily provide weather forecasts and warnings. In addition, many can provide hydrological information.

The NWS Forecast Office in Cleveland houses a computer weather product database called DMWDS. A password that can be obtained through the Cleveland office allows access to forecasts for all the Great Lakes and raw data (e.g., wind speed and direction) from many reporting stations, including NOAA data buoys throughout the Great Lakes. The NWS offices on the Inland Rivers provide river velocity information, as well as weather forecasts, warnings, and observations.

The offices listed below are Forecast Offices, at which forecasts are prepared. Other NWS offices located throughout the region have access to the same data and can be useful resources.

Cleveland, Ohio(216) 265-2374 Pittsburg, Pennsylvania(412) 262-1988
Charleston, West Virginia(304) 746-0188/89 Romeoville, Illinois(815) 834-0651
Detroit/Pontiac, Michigan(810) 625-4139 Minneapolis, Minnesota(612) 361-6671
Milwaukee, Wisconsin(414) 965-5063 Indianapolis, Indiana(317) 856-0360
Marquette, Michigan(906) 475-5213 Duluth, Minnesota(218) 729-6572
Green Bay, Wisconsin(414) 497-9177

4.5. Models

4.5.1. Water

(1) NOAA Great Lakes Environmental Research Laboratory

(Great Lakes open water)(313) 741-2244

Surface water models exist for the Great Lakes and interconnecting channels. The open water model for all of the Lakes was produced by NOAA's Great Lakes Environmental Research Laboratory (GLERL) and is housed on their VAX, accessible to anyone with a modem by contacting the number above.

Models of near-shore areas and tributaries to the Great Lakes have various levels of detail. Contact with Sea Grant Institutions or USGS is suggested.

A model for the Mississippi River or Illinois Waterway was developed for U.S. EPA by Versar, Inc., in 1986. The model is called ReachScan, and is also on PC GEMS, a widely used U.S. EPA modelling program. Contact SSC for 24-hour information on pollutant movement in surface waters.

(2) NOAA HAZMAT Modeling and Simulation Studies (MASS) Branch (206) 526-6317

Contact MASS via the NOAA SSC for the Great Lakes and Inland Rivers ([216] 522-7760). MASS can provide spill trajectories and information on weather, currents, water levels, and oil fate and behavior. MASS maintains and operates the On-Scene Spill Model (OSSM) for marine spills and can run other available models (such as GLERL's) for the Great Lakes and Inland Rivers.

(3) COE CRREL
(Rivers-General, and St. Mary's, Detroit--St. Clair, Ohio Rivers specifically)(603) 646-4100
SLSDC (315) 764-3265

Interconnecting channel models have been produced by the COE Cold Regions Research Engineering Laboratory (COE CRREL). The St. Lawrence Seaway Development Corporation (SLSDC) also has a model for the St. Lawrence River. These models are available through COE and operate on an MS-DOS PC. Non-computerized hydraulic information which may be used to calculate travel times along the Great Lakes interconnecting channels is provided in CANUSLAK.

(4) ORSANCO
(Ohio River, main stem only) (513) 231-7719

Time-of-travel estimations for the main stem of the Ohio River have been modelled by ORSANCO (model does not include the Monongahela and Allegheny tributaries). The model can be run on a MS-DOS PC and is available through ORSANCO.

(5) U.S. Army Corps Of Engineers Districts

COE Districts are a source of information concerning water levels and velocities on the interconnecting channels to the Great Lakes and on the Inland rivers.

  1. COE's Detroit office is capable of running trajectory models for the St. Mary's and the Detroit-St. Clair River Systems.
    Detroit (Detroit River/Lake St. Clair/St. Mary's River)(313) 226-6413

  2. COE's Buffalo office houses the St. Lawrence River model.
    Buffalo (St. Lawrence River)(716) 879-4200

  3. The Rock Island District and the St. Louis District can provide projections of flow on the Upper Mississippi River and the Illinois Waterway.
    Rock Island (Mississippi River from Minneapolis to St. Louis and the Illinois River)(309) 794-5272
    24 hours: (319) 627-4138
    St. Louis (St. Louis to Cairo and lower Illinois)(314) 331-8000

  4. The Pittsburgh Office and the Cincinnati Division can provide river flow data and river stage data for the Ohio River.
    Pittsburgh (Pittsburgh area to Wheeling, West Virginia)(412) 644-6802
    Cincinnati (entire Ohio River)(513) 684-3002

  5. The Chicago Office can provide river flow information for waterways in the Chicago Metropolitan area: the Chicago, Fox, DuPage, Little Calumet, and Kankakee Rivers.
    Chicago (Illinois River, defer to Rock Island)(312) 353-8884

  6. The St. Paul District's Riverine Emergency Management Model (REMM) can compute travel time between any two points on a river system and optionally can compute the fate of a chemical spill on the system. REMM is a generic program whose data set has been modelled on the Mississippi River headwaters.
    REMM(612) 290-5402

  7. National Weather Service (NWS) Forecast Offices

    These are secondary sources of river flow information. They can convert flows to velocities at select locations along rivers.
    Ohio River--Cincinnati, Ohio(513) 383-0527
    Lower Mississippi River--Slidell, Louisiana(504) 641-4343
    North Central--Minneapolis, Minnesota(612) 361-6660
    National Ocean Service (NOS), Silver Spring, Maryland (Water Levels)(301) 713-2902
    (301) 713-2902 (business hours)

4.5.2. Air Dispersion

A variety of air dispersion models are available, some of which are personal computer-based and some of which require a mainframe computer. Computer-based models are quite useful in response planning; however, their results should be applied with caution. Discussion of output with experts is critical to correct interpretation and limitations. ARCHIE (developed by FEMA, U.S. EPA, and DOT), and NOAA's ALOHA (part of CAMEO), are examples of simple computer-based planning models.

Listed below are agencies that can run air dispersion models, interpret the output, and provide expert advice during a response.
NOAA MASS(206) 526-6317
U.S. EPA ERT(908) 321-6660
ATSDR(404) 639-0615
Environment Canada(416) 346-1971
Ontario Ministry of the Environment,
Spills Action Center
(416) 325-3000



Section 5: Logistics

5.1. Site Security

Generally, Local law enforcement or the responsible party provide site security at the scene of a response. However, the OSC has the authority to provide for site security as necessary.

5.2. Communications

5.2.1. Computer Bulletin Boards

Access by other staff to the computer bulletin boards listed below may be arranged through the appropriate RRT member.

  1. First Class (NOAA RRT System)

    NOAA's FirstClass E-mail system is an electronic communication network. Through this system, electronic mail (e-mail) can be sent or received between RRT and NRT members, contractors, State and Federal spill response agencies with accounts on the system. Although the capability exists, the effort has been directed at establishing support for the NRT members and the RRT Co-chairs. NRT members and RRT Co-chairs can contact the NRT FirstClass Administrator for information on obtaining an account. For further information, see "The NOAA HAZMAT FirstClass® User's Manual," dated June 1994, or contact CDR Gerry Wheaton at (202) 267-4497.

  2. ORSANCO

    ORSANCO operates an electronic bulletin board which is available to provide water quality information during spill events in the Ohio River basin. The system is resident on a personal computer and employs Mustang's Wildcat Bulletin Board software. In addition to spill-related information, ORSANCO posts daily flow data and seasonal water quality data on the Board. There is no charge or formal registration procedure to use the system. Anyone can call and obtain immediate access to whatever is on file. Contact ORSANCO at (513) 231-7719 for information concerning procedures for logging onto the system and for reading reports.

  3. Hazardous Materials Information Exchange (HMIX)

    HMIX is a computerized bulletin board designed especially for the distribution and exchange of hazardous materials information. HMIX provides a centralized database for sharing information regarding hazardous materials emergency management, training, resources, technical assistance, and regulations. With HMIX, information can be retrieved, provided to other users, or shared with peers. HMIX can be accessed by calling 1-800-PLANFOR/752-6367 (E-mail).

5.2.2. NRC Teleconference Service

The National Response Center is capable of establishing a teleconference of up to 60 participants. The system is intended for use in support of emergency response operations, but can be made available on a limited basis for routine matters.

Federal OSCs and RRT chairmen may request establishment of a teleconference by contacting the NRC Duty Officer. They may request emergency conferences at any time, but should provide one-day advance notice whenever possible.

In addition, FEMA has a dedicated teleconference system capable of handling ten participants.

5.3. Transportation (Air, Land, Water)

Generally, government and/or personal vehicles or commercial airlines are utilized as transportation during response incidents. If necessary, charter services may be contracted.

5.4. Special Teams and Other Assistance Available to OSCs/RPMs

Different Federal agencies can provide special forces that an OSC/RPM may call upon for assistance during an oil spill or hazardous substance release. These special forces are described below. They may be requested through the agency's RRT member.

5.4.1. National Strike Team

The National Strike Team consists of the two USCG Strike Teams, the Public Information Assist Team (PIAT), and the NSFCC, and is available to assist OSCs in both preparedness and response. The Strike Team provides trained personnel and specialized equipment to assist the OSC in training, spill stabilization and containment, and monitoring or directing response actions. The NSFCC can provide coordination support to the OSC and assist in locating spill response resources.

The Atlantic Strike Team (AST) is a pollution control team equipped and trained to assist in the response to oil or chemical incidents. The AST has personnel on standby to respond to incidents occurring in the Great Lakes and eastern United States. Services available from the AST include:

  1. technical expertise;

  2. supervisory assistance;

  3. cost documentation;

  4. deployment of salvage and pollution control equipment; and

  5. training in pollution response techniques.

5.4.2. U.S. EPA Scientific Support Center

The U.S. EPA Environmental Response Team (ERT) provides access to special response equipment, including decontamination, sampling, and air monitoring equipment. The ERT can provide advice to the OSC in hazard evaluation, safety, cleanup techniques and priorities, dispersant application, and training.

The ERT has expertise in treatment technology, biology, chemistry, hydrology, geology, and engineering, and can provide access to decontamination equipment for chemical releases. It can also advise the OSC in the following areas:

  1. Hazard evaluation and risk assessment;

  2. Multimedia sampling and analysis;

  3. Water supply decontamination and protection;

  4. Degree of cleanup required.

Radiological Emergency Response Teams (RERTs) have been established by U.S. EPA ORIA to provide response and support for incidents or sites containing radiological hazards. Expertise is available in radiation monitoring, radionuclide analysis, radiation health physics, and risk assessment. RERTs can provide on-site support, including mobile monitoring laboratories for radiochemical sampling and analysis. Requests for support may be made 24 hours a day via the National Response Center or directly to the Regional U.S. EPA Radiation Program Manager in the Air and Radiation Division. Assistance is also available from the Nuclear Regulatory Commission, DOE, and other Federal agencies.

5.4.3. ATSDR/CDC

ATSDR, the lead Federal agency for hazardous materials incidents, can provide the following experts for consultation and advice:

  1. Within 10 minutes - an emergency response coordinator;

  2. Within 20 minutes - a preliminary assessment team consisting of a toxicologist, chemist, environmental health scientist, physician, and other health personnel as required;

  3. Within 8 hours - an on-site response team (if the incident warrants).

5.4.4. Navy Supervisor of Salvage

The Navy Supervisor of Salvage and Diving, Office of the Director of Ocean Engineering (SUPSALV), maintains special equipment and trained teams for response to salvage-related oil and hazardous substance incidents. SUPSALV maintains an extensive inventory of oil pollution abatement equipment located primarily at Williamsburg, Virginia, and Stockton, California, which is containerized for immediate deployment by air or truck.

5.4.5. NOAA Scientific Support Coordinator

The NOAA SSC provides scientific support in environmental chemistry, oil spill trajectories, natural resources at risk, environmental tradeoffs of countermeasures and cleanup, and information management. OSC requests for SSC support can be made directly to the SSC assigned to the area, to the NOAA HAZMAT program office in Seattle at (206) 526-6317, or to the DOC RRT representative.

The SSC serves on the Federal OSC's staff, and may, at the request of the OSC, lead the scientific team and be responsible for providing scientific support for operational decisions and for coordinating on-scene scientific activity. The SSC may also facilitate the OSC's work with the lead administrative trustee for natural resources to ensure coordination between damage assessment data collection efforts and data collected in support of response operations. The SSC can also support the RRTs and Area Committees in preparing regional and area contingency plans and in conducting spill training.

The NOAA SSC serving the Ninth Coast Guard District is located at USCG District 9 Headquarters in Cleveland, Ohio. The NOAA SSC can provide the following information:

5.4.6. USCG District Response Group

The USCG District Response Groups provide the OSC with technical assistance, personnel and equipment. The DRG comprises USCG personnel and equipment in the district, and an advisory team which coordinates movement of USCG resources.

5.4.7. Office of Pipeline Safety

5.5. Great Lakes Area Computerized Inventory For Emergency Response (GLACIER)

GLACIER will be housed on HMIX. There are seventeen equipment categories of information in the inventory: 1) Aviation/Aerial Photography; 2) Boats; 3) Communications; 4) Containment Booms; 5) Emergency Operations Centers; 6) Marine Salvors; 7) Oil Spill Chemical Agents; 8) On-Site Treatment Systems; 9) Personal Protective Equipment/Emergency Supplies; 10) Railroad Salvors; 11) Sampling and Analytical Services Inventory; 12) Skimmers; 13) Sorbents; 14) Transfer/Lightering Systems; 15) Underwater Recovery and Exploratory Equipment; 16) Vacuum Trucks; and 17) Wildlife Rehabilitators. GLACIER can be accessed on HMIX by calling 1-708-252-3275.

5.6. Non-Federal Chemical Expertise

The technical and scientific information generated by the Local community, along with information from Federal, State, and Local governments, should be used to assist the OSC in devising response strategies where effective standard techniques are unavailable. Additional support is available from the organizations listed below.

5.6.1. Chemical Transportation Emergency Center

The Chemical Transportation Emergency Center (CHEMTREC), a service of the Chemical Manufacturers' Association, provides technical data, coordination of chemical manufacturers, and emergency response information on chemical spills through 1-800-424-9300 (24-hour emergency number).

5.6.2. American Petroleum Institute

The American Petroleum Institute (API), 2100 L Street, NW, Washington, DC 20037, is an organization consisting of representatives of the petroleum industry. Technical and operational expertise is available.

5.6.3. National Pesticide Telecommunication Network

The National Pesticide Telecommunication Network provides information on pesticide-related health/toxicity/minor cleanup to physicians, veterinarians, fire departments, government agency personnel, and the general public.

5.6.4. Canadian Transport Emergency Center

The Canadian Transport Emergency Center (CANUTEC) has technical experts on duty 24 hours for chemical guidance, Canadian shipments only.

5.6.5. Association of Railroads, Bureau of Explosives

The Bureau of Explosives of the Association of Railroads, Washington, DC, can provide assistance in the area of accident assessment, classification of materials, environmental impacts, methods of cleanup, and mechanical evaluations for incidents involving railroad trains.

5.7. State Organizations

For services listed in this section, contact the appropriate State representative to the RRT.

Illinois: IEPA has six chemists on its emergency response staff and immediate access to four toxicologists and one certified industrial hygienist. Explosive disposal expertise is available commercially in the Chicago area or through the Illinois Secretary of State's Police Bomb Squad, based in Springfield.

IEPA and the Indiana Department of Public Health (IDPH) have human and environmental toxicologists. The University of Illinois supports a 24-hour veterinary toxicology hotline. Computer databases for physical, chemical, toxicological, and environmental data are available through government and commercial sources to both IEPA and IDPH.

Indiana: IDEM has access to the Chemistry Section Chief 24 hours per day for technical advice about hazardous materials releases. In addition, IDEM has access to ISDH staff toxicologists to provide toxicological information and to assess the impact of spills on ingestion, inhalation, or direct contact, and to make recommendations on human health advisories 24 hours per day.

Michigan: To be written.

Minnesota: The on-call staff of MPCA are trained in chemical emergency hazards. MPCA toxicologist and Health Risk Assessment staff of the Department of Health can consult on hazards, but are not on call. The State's Duty Officer can reach and activate several Local-based bomb squads throughout the State. MPCA's emergency contractor has staff trained in chemical hazards and industrial hygiene.

Ohio: In consultation with the Ohio Department of Health Epidemiology Section, toxicological information can be provided and recommendations can be made on human health advisories concerning spills which may impact water supplies, the food chain, or exposure victims.

Wisconsin: The Department of Health and Family Services provides coordination of emergency public health and human services. Emergency public health activities includes technical assistance for hazardous material releases, disease outbreaks, radiological monitoring, natural disasters, and other health emergencies. The Division of Health employs a large number of environmental health professionals, including physicians, toxicologists, environmental health specialists, epidemiologists, public health nurses and public health educators who can be involved as a situation and their expertise warrants.

5.8. Basic Ordering Agreement (BOA) Contractors

(* denotes Oil Spill Response Organization [OSRO] contractors)

Applied Fabric Technologies (Contact: Peter Lane, 716-662-0632)
227 Thorn Avenue, P.O. Box 575
Orchard Park, NY 14127

* Superior Services (Contact: Chris Hohol, 414-458-6030)
P.O. Box 1249
Sheboygan, MI 53082-1249

Erie Geological Contractors (Contact: Dave Birchard, 814-796-2607)
455 West 2nd Street
Waterford, PA 16441

Inland Waters Pollution Control, Inc. (Contact: Robert Williams, 313-841-5800)
2021 S. Schaefer Highway
Detroit, MI 48217

OHM Remediation Services (Contact: James Walker, 419-423-3526)
16406 U.S. Route 224 East
Findlay, OH 44113

Samsel Rope & Marine Supply Co. (Contact: Robert Lehman, 216-861-3949)
1285 Old River Road
Cleveland, OH 44113

National Industrial Maintenance (Contact: Darrell Hager, 219-398-6660)
4530 Baring Avenue
East Chicago, IN 46312-0209

* Clean Harbors (Contact: Paul Hickman, 800-645-8265)
1200 Crown Colony Drive
Quincy, MA 02269

ENMACO, Inc. (Contact: James Barnum, 313-731-3130)
P.O. Box 239
Utica, MI 48087

* Marine Pollution Control (Contact: Dave Usher, 313-849-2333)
8631 W. Jefferson
Detroit, MI 48209

O.S.I. Environmental (Contact: Daniel Rogers, 218-749-3060)
104 15th Avenue South
Virginia, MN 55792

Riedel Environmental (Contact: Ken Schlemmer, 314-532-7660)
18207 Edison Avenue
Chesterfield, MO 63005

Stenberg Bros. (Contact: Carl Stenberg, 906-466-9908)
P.O. Box 1865
Bark River, MI 49807

Petroclean, Inc. (Contact: William Porter, 814-726-1751)
P.O. Box 1865
Warren, PA 16365

Other OSRO contractors:

* Heritage Remediation, Inc. (Contact: Geoff Langley, 708-378-1600)
1319 Marquette Drive
Romeoville, IL 60446

* Environmental Products & Services (Contact: Kenneth Freer, 315-471-0503)
P.O. Box 315
Syracuse, NY 13209


Section 6: Finance

6.1. General

The person or persons responsible for discharges or releases are liable for costs of cleanup. The OSC shall attempt to have the party responsible for the discharge or release voluntarily assume responsibility for containment, removal, and disposal operations. If the OSC determines that the responsible party has caused the discharge of oil or release of hazardous substances, he/she may initiate appropriate response actions established by OPA, CWA, or CERCLA. Action will be initiated by the agency administering the funding mechanism to recover such expenditures from the party responsible for the discharge, if known. The OSC may also issue an Administrative Order, either by consent or unilaterally, to require financially viable responsible parties to conduct the removal action.

Until new guidance is published, all incidents requiring funding must be screened by category: CWA Section 311(k) for oil only, and CERCLA for any release or threat of release of a hazardous material as defined by CERCLA. A U.S. EPA and USCG Headquarters agreement states that response to any potentially hazardous material that is an oil and hazardous materials mixture shall be CERCLA-funded. This section addresses U.S. EPA and State access to OPA and CERCLA funding. USCG procedures can be found in the USCG's ACPs.

6.2. CERCLA-Funded Responses

Two mechanisms exist for funding a response and response-related activities of another Federal agency other than U.S. EPA: an agency's Superfund budget, and an interagency agreement (IAG) authorizing access to the CERCLA Superfund account. Response operations for hazardous substances or mixture of hazardous materials and oil may be funded from the CERCLA Superfund account. Removal actions shall not continue after $2 million has been obligated or twelve months have elapsed from the date of the initial response, unless U.S. EPA grants an exemption in accordance with Section 104(c)(1) CERCLA, as amended. Additionally, CERCLA-funded action may not be taken in response to a release or threat of a release:

  1. Of a naturally occurring substance in its unaltered form or altered solely through naturally occurring processes or phenomena, from a location where it is naturally found;

  2. From products which are part of the structure of, and result in exposure within, residential buildings or business or community structures;

  3. Into public or private drinking water supplies as a result of system deterioration through ordinary use.

However, U.S. EPA may respond to any release or threat of release if it is determined that it constitutes a public health or environmental emergency and no other person with the authority and capability to respond to the emergency will do so in a timely manner.

The U.S. EPA Waste Management Division Director has been delegated the authority to approve actions costing up to $2 million. State and Local governments are not authorized to take actions that involve expenditures of CERCLA funds, unless an appropriate contract or cooperative agreement has been established.

The OSC is responsible for identifying whether technical assistance from another agency is necessary, and for making arrangements for that assistance. In addition, OSCs are responsible for initiating and processing any site-specific IAGs necessary for reimbursing Federal agency participation.

U.S. EPA OSCs may develop, negotiate terms, and award IAGs for site-specific, U.S. EPA-led actions. For these IAGs, the OSC:

  1. Defines the scope of work to be performed; outlines the responsibilities of each agency; determines the performance period; identifies primary contacts in each agency; names contractors and the dollar amounts of any contracts, if applicable; and determines the overall reporting, invoicing, and amendment requirements.

  2. Prepares four copies of the Interagency Agreement/Amendment (EPA Form 1610-1), and prepares the commitment notice and the transmittal/decision memorandum.

The OSC then monitors accomplishment of work in accordance with the IAG scope of work.

6.3. OPA-Funded Responses

6.3.1. National Pollution Fund Center (NPFC)

OPA established the Oil Spill Liability Trust Fund (OSLTF) to pay for oil spill cleanups and damages in cases where the responsible party cannot or will not pay for the cleanup. The NPFC currently administers the disbursement of the OSLTF money. The NPFC has several responsibilities, including:

  1. Providing funding to permit timely removal actions;

  2. Initiating Natural Resource Damage Assessments for oil spills;

  3. Compensating claimants for damages caused by oil pollution;

  4. Recovering costs owed by the responsible parties for oil pollution damages; and

  5. Certifying the financial responsibility of vessel owners and operators.

OPA effectively permits other Federal agencies, the States and Native American Tribes access to the OSLTF for a variety of purposes. The OSLTF can be used following an incident for removal actions and actions necessary to minimize or mitigate damage to the public health or welfare and natural resources. Access to the OSLTF is partially governed by Section 6002 of OPA, 33 U.S.C. Section 2753. Federal, State, Local, or Tribal agencies may get funding for removal costs through the OSC or by submitting a claim to the NPFC.

NPFC (703) 235-4700
4200 Wilson Blvd., Ste. 1000
Arlington, VA 22203-1804

6.3.2. U.S. EPA Access to OSLTF

Following spill notification, the OSC should:

  1. Contact the appropriate USCG District Office to obtain a Federal Project Number (FPN) for the response;

  2. Obtain approval for the project expenditure ceiling from USCG;

  3. Contact U.S. EPA Region 5 Budget Office in Cincinnati and obtain an account number;

  4. If necessary, initiate proper contracting mechanisms (such as ERCS, BOA, START) to assist in the cleanup effort; and

  5. If necessary, utilize Federal support structure as defined in the NCP. An OSC may obtain assistance from USCG/Strike Teams, NOAA, ERT, etc.

During the actual response, the OSC should:

  1. Document progress through POLREPs, including costs (copies to NPFC, Marine Logistics Command [MLC], District); and

  2. Track costs using U.S. EPA Removal Cost Management System or USCG paperwork.

In the case of a cleanup which lasts 30 days or less, the OSC must submit a cost documentation package within 30 days of cleanup completion. For cleanups that extend beyond 30 days, the OSC must submit a cost documentation package every 45 days. The documents to be included in cost documentation package are listed below:

  1. Summary letter;

  2. Personnel costs;

  3. Personnel travel costs;

  4. Other U.S. EPA costs, including U.S. EPA vehicles and other equipment;

  5. U.S. EPA contractor costs;

  6. USCG Basic Ordering Agreements (BOAs); and

  7. Other government agency costs (Local, State, or Federal).

When the cleanup has been completed, the OSC should write a completion report, which should be sent to the NPFC and to the ERD Division Director. The report should be similar to the OSC report developed at the end of a CERCLA response. The final POLREP for the response can serve as the completion report, unless the RRT requests a formal report. The report should include:

  1. A summary of the response events, including spill location, cause, responsible party actions, and beginning and ending dates;

  2. An appraisal of the effectiveness of the removal actions taken by the responsible parties, Federal agencies, contractors, private groups, and volunteers; and

  3. Recommendations for prevention of future incidents.

Procedures for U.S. EPA access to the OSLTF are currently undergoing revision and will be included in future updates of this RCP/ACP.

6.3.3. State Access to OSLTF

In accordance with regulations promulgated under Section 1012(d)(1) of OPA, the President, upon the request of a Governor of a State, or the individual designated by the Governor, may obligate the OSLTF through the NPFC for payment in an amount not to exceed $250,000 for removal costs consistent with the NCP required for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil. Requests for access to the OSLTF must be made by telephone or other rapid means to the OSC.

In making a request to access the OSLTF, the person making the request must do the following:

  1. Indicate that the request is a State access request under 33 CFR Part 133;

  2. Give their name, title, department, and State;

  3. Describe the incident in sufficient detail to allow a determination of jurisdiction, including at a minimum the date of the occurrence, type of product discharged, estimated quantity of the discharge, body of water involved, and proposed removal actions for which funds are being requested under this part; and

  4. Indicate the amount of funds being requested.

To date, U.S. EPA Region 5 has received designation notices from the Governors of the States of Illinois, Indiana, Michigan, Ohio, and Wisconsin as follows:

Illinois James P. O'Brien, Manager, Office of Chemical Safety
Illinois Environmental Protection Agency

IndianaGreta Hawvermale, Commissioner
Indiana Department of Environmental Management

John Rose, Assistant Commissioner
Indiana Department of Environmental Management

MichiganPaul Blakeslee, Chief of Field Operations
Michigan Department of Natural Resources

MinnesotaSteve Lee, Supervisor
Minnesota Pollution Control Agency

OhioTimothy Hickin, Manager, Emergency Response Section
Ohio Environmental Protection Agency

WisconsinSteven Bass, Division of Energy and Intergovernmental Affairs

For further information, refer to the USCG Technical Operating Procedures (TOPs) for State Access Under Section 1012 (d)(1) of OPA (NPFC Instruction 16451.1, November 1992), and the Flow Chart, State Access to OSLTF under Section 1012(d)(1) of OPA, 33 U.S.C. Section 2712. These documents are available through the NPFC.

6.3.4. Trustee Access to OSLTF

Pursuant to Executive Order 12777, dated October 22, 1991, the authority to obligate funds from the OSLTF to initiate NRDA is delegated to the Secretary of the Department of Transportation. This authority has been delegated to the NPFC. Federal trustees must obtain OSC approval prior to obtaining reimbursement of removal costs incurred while responding to an oil and/or hazardous substance discharge under the direction of the OSC. If a trustee believes that a Federal response action is necessary to protect natural resources, whether or not the response action has been Federalized, the trustee must notify the OSC in order to assure that any response action taken is authorized and in accordance with the requirements of the NCP, located at 40 CFR Part 300. If a natural resource trustee wishes to access the OSLTF in order to undertake natural resource damages assessment, the trustee must work directly with the NPFC.

6.3.5. Reimbursable Expenses

OPA authorizes payment of "Removal Costs, including the costs of monitoring removal actions, consistent with the National Contingency Plan." This allows payment of incident-specific costs authorized by a Federal OSC, including costs of monitoring a responsible party's cleanup,

as well as actual Federal cleanup activities. The fund may pay:

  1. Costs of containment and removal of oil from water and shorelines;

  2. Costs to prevent, minimize, or mitigate oil pollution where there is a substantial threat of discharge of oil; and

  3. Costs of taking other related actions necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, damage to fish, shellfish, wildlife, public and private property, shorelines, and beaches.

Examples of incident-specific Federal removal costs payable from the fund include out-of-pocket expenses (e.g. per diem, travel, vehicle mileage costs; replication, transmission, and delivery of reports; rental cars, and field consumable costs), contracted costs, costs of U.S. EPA technical assistance teams, specific salary costs for temporary government employees hired or activated for the duration of the spill response, and specific salary costs for Federal employees not ordinarily available for oil spill response.

6.3.6. Procedures for Reimbursement

To seek reimbursement from the Federal Pollution Fund, Federal agencies must submit their reimbursable expenses on Form SF 1080, "Voucher for Transfer between Appropriations and/or Funds," to the OSC for certification. The OSC will submit certified requests for reimbursements to NPFC within 60 days after completion of the cleanup action (33 CFR 153.417). The USCG will effect transfer of funds to the agency requesting reimbursement, and prepare a billing for the discharger from information on recoverable expenditures on the USCG form, "Personnel Vehicle and Miscellaneous Cost Accounting Sheet" (available from USCG). State agencies that do not have a formal agreement must submit a letter to the OSC requesting reimbursement. This letter must include a detailed itemized statement of reimbursable expenditures. Please refer to the USCG Marine Safety Manual for additional information.

6.3.7. Cost Recovery Action

All agencies participating in a Federal response must submit an itemized account of all recoverable costs to the OSC within 60 days of the completion of a cleanup operation.

6.3.8. Recoverable Costs

The discharger incurs liability, up to the discharger's legal limit of liability, for all actual costs associated with the Federal removal following the Federal assumption of response activities. Recoverable costs include:

  1. Direct expenditures from the fund (i.e., payment of contractors or vendors);

  2. All reimbursable agency expenses;

  3. All personnel costs, including salaries of response personnel;

  4. Equipment costs, including depreciation and maintenance;

  5. Administrative overhead; and

  6. Pollution removal damage claims.

6.3.9. Liability Limits

OPA sets limits of liability which apply to all removal costs and damages sought under the Act. The limits may be adjusted for inflation every 3 years, based upon the consumer price index. The limits set by OPA are:

  1. Tank vessels: $1,200 per gross ton; $10 million if 3,000 gross tons or greater; $2 million if less than 3,000 gross tons.

  2. Any other vessel: $600 per gross ton or $500,000.

  3. Offshore facility except Deep Water Ports: $75,000,000.

  4. Onshore facility and Deep Water Port: $350,000,000.

There are certain exceptions to these limits of liability. The limits do not apply:

  1. If the incident was caused by gross negligence or willful misconduct;

  2. If the incident was a result of a violation of applicable Federal safety, construction, or operating regulations; or

  3. If the responsible party fails to report the incident, provide all reasonable cooperation and assistance required by a response official or comply with an order issued by the Federal OSC.

In addition, OPA does not pre-empt State laws regarding liability, so in areas where State law places a higher limit, compensation for damages up to the liability limit established by the State law may be pursued.

6.4. Reimbursement to Local Governments for Emergency Response, Substance Releases

Section 123 of CERCLA and Section 1002 (b)(2)(F) of OPA authorize U.S. EPA to reimburse Local governments for some and (in rare cases) possibly all of the expenses incurred in carrying out temporary emergency measures in response to hazardous substance threats or releases. These measures or operations are necessary to prevent or mitigate injury to human health or the environment.

The intent of this provision is to reduce any significant financial burden that may have been incurred by a Local government (city, county, municipality, parish, township, town, Federally recognized Native American Tribe, or other official political subdivisions designated by a particular State) that takes the above measures in response to hazardous substance threats. Traditional Local responsibilities, such as routine fire fighting, are not eligible for reimbursement. States are not eligible for this program and may not request reimbursement on their own behalf or on the behalf of a political subdivision within a given State (40 CFR Parts 310.20 and 310.30).

The following criteria must be met before a request for reimbursement is to be considered:

  1. Local government must have had a Title III plan by October 1, 1988.

  2. Response occurred after the effective date of this rule (October 17, 1986).

  3. Local government informed U.S. EPA or the NRC as soon as possible, but not more than 24 hours after initiating response.

  4. Response actions were consistent with CERCLA, the NCP, and EPCRA.

  5. The request contains assurances that the response reimbursement does not supplant Local funds normally provided for such activities.

  6. The applicant must have first attempted to recover the costs from all known potentially responsible parties (PRPs) and any other possible sources of reimbursement (State funds, insurance companies, etc.). Sixty (60) days must be allowed for the above responsible party to respond by making payment, expressing an intent to pay, or demonstrating willingness to negotiate payment.

CERCLA limits the amount of reimbursement to $25,000 per single response. If several agencies or departments are involved in a response, they must determine among themselves which agency will submit the request for reimbursement. Any request must be received by U.S. EPA within six months of the related response action.

Some of the allowable costs may include, but are not limited to, the following:

  1. Disposable materials and supplies acquired and used specifically for the related response.

  2. Employee compensation for response work that is not provided in the applicant's operating budget.

  3. Rental or leasing of equipment.

  4. Replacement costs of equipment contaminated to the extent that it is beyond reuse or repair.

  5. Decontamination of equipment.

  6. Special technical services needed for the response, such as those provided by experts or specialists.

  7. Other special services, such as utilities.

  8. Laboratory analysis costs related to the response.

  9. Costs associated with supplies, services, and equipment procured for a specific evaluation.

A review panel will evaluate each request and will rank the requests on the basis of financial burden. Financial burden is based on the ratio of eligible response costs to the Locality's per capita income adjusted for population. If a request is not reimbursed during the review period for which it is submitted, the U.S. EPA reimbursement official has the discretion to hold the request open for a one-year reconsideration.

An application package can be obtained by contacting the RCRA/Superfund Hotline at U.S. EPA Headquarters at (800) 424-9346. The application package contains detailed, line-by-line instructions for completing the application.

States can access the OSLTF in three ways:

  1. Direct Access

    States must request direct access through the FOSC. State access must be approved by the FOSC. The request must come only from the official designated by the Governor.

    A proposal must be submitted to the FOSC and include anticipated funding and scope of work to be taken at the site. Ceiling increases and changes in the scope of work must be approved by the FOSC.

  2. Pollution Removal Funding Authorization (PRFA)

    The State acts as a contractor to the FOSC on site and can oversee site activities. The State can oversee Federal contractors under a PRFA.

    The FOSC will prepare cost documentation and submit to the NPFC. State and other agency rates can be developed in conjunction with the NPFC.

    Each agency involved in the spill must have a separate PRFA.

  3. Claims

    Costs for spill cleanup can be submitted to the NPFC after the incident if direct access or a PRFA was not used. An FOSC is not involved in the claims process.

    The NPFC will determine whether all actions taken at the site were consistent with the NCP.

6.5. Federal Response Plan/Emergency Support Function #10

The Federal Response Plan was developed under the Disaster Relief Act of 1974, as amended by the Stafford Disaster Relief Act of 1988. The Federal Response Plan established a foundation for coordinating Federal assistance to supplement State and Local response efforts to save lives, protect public health and safety, and protect property in the event of a natural disaster, catastrophic earthquake, or other incident declared a major disaster by the President.

The delivery of Federal assistance is facilitated through twelve annexes, or Emergency Support Functions (ESFs), which describe a single functional area of response activity: Transportation, Communications, Public Works and Engineering, Fire Fighting, Information and Planning, Mass Care, Resource Support, Health and Medical Services, Urban Search and Rescue, Hazardous Materials, Food, and Energy. The Hazardous Materials annex, ESF #10, addresses releases of oil and hazardous substances that occur as a result of a natural disaster or catastrophic event and incorporates preparedness and response actions carried out under the NCP. U.S. EPA serves as the Chair of ESF #10 and is responsible for oversight of all preparedness and response actions associated with ESF #10 activities, only if assigned it by FEMA. All NRT/RRT departments and agencies serve as support agencies to ESF #10.

6.6. Documentation for Enforcement and Cost Recovery

6.6.1. Introduction

The OSC in charge at the scene of a release may be from any one of several agencies. It is necessary, therefore, to establish uniform procedures for notification of counsel and for collection of samples and information consistent with the several phases in Federal response situations. Necessary information and sample collection must be performed at the proper times during Federal involvement in a spill for the purpose of later use in identifying the party responsible for cost recovery. Time is of great importance, as wind, tide, and current may disperse or remove the evidence and witnesses may no longer be available. Thus, during the response phases, the OSC must take the necessary action to ensure that information, records, and samples adequate for legal and research purposes are obtained and safeguarded for future use. Detailed guidance on preferred procedures can be found in "Enforcement Considerations for Evaluations of Uncontrolled Hazardous Waste Disposal Sites by Contractors," U.S. EPA, National Enforcement Investigation Center, April 1980.

Section 300.335 of the NCP outlines the types of funds which may be available to address certain oil and hazardous substances discharges. For releases of oil or a hazardous substance, pollutant, or contaminant, the following provisions apply:

(a) During all phases of response, the lead agency shall complete and maintain documentation to support all actions taken under the ACP and to form the basis for cost recovery. In general, documentation shall be sufficient to provide the source and circumstances of the release; the identity of responsible parties; the response action taken; accurate accounting of Federal, State, or private party costs incurred for response actions; and impacts and potential impacts to the public health and welfare and the environment. Where applicable, documentation shall state when the NRC received notification of a release of a reportable quantity.

(b) The information and reports obtained by the lead agency for OSLTF-financed response actions shall, as appropriate, be transmitted to the NPFC. Copies can then be forwarded to the NRT, members of the RRT, and others as appropriate.

6.6.2. Notification

The OSC is responsible for coordinating with counsel in his/her agency. Counsel for the RRT member furnishing the OSC is responsible for notifying other RRT member counsel, as appropriate, of potential enforcement or cost recovery matters related to an incident. The OSC and his/her counsel are responsible, following review and consultation with other RRT members involved in an incident, for notifying a responsible party of any determination under the CWA or CERCLA that the party is not properly accomplishing any response action.

The information and reports obtained by the OSC are to be transmitted to the applicable RRT Co-chair. Copies will then be forwarded to members of the RRT and others, as appropriate. The representative of the agency on the RRT having cost recovery authority will then refer copies of the oil or hazardous materials reports to that agency's respective counsel.

6.6.3. Legal Notice to Suspected Releaser

The owner, operator, or other appropriate responsible person shall be notified of Federal interest and potential action in an oil or hazardous materials release by the agency furnishing the OSC. This notice shall include advice of the owner or operator's potential liability for proper response to the release; the need to perform removal in accordance with existing Federal and State statutes and regulations, this Plan, and the NCP; and identification of the OSC.

6.6.4. Oil or Hazardous Materials Release Report

The appropriate information for each oil or hazardous material release should be obtained by the OSC and reported in the appropriate format established by the Emergency Response Division, Washington, DC. Statements of witnesses, photographs, analyses of samples, and related documentation will be retained by the OSC for possible use in enforcement actions. In all major spills, the oil or hazardous material incident report should be completed and forwarded to the RRT Chair.

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.

2 One 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 NRT's 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 the Unified Command System (UCS) protocol.

3 29 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, etc.), 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:

  1. Know and be able to implement the employer's incident response system.

  2. Know how to implement the employer's incident response system.

  3. Know and understand the hazards and risks associated with employees working in chemical protective clothing.

  4. Know how to implement the local emergency response plan.

  5. Know of the State emergency response plan and of the Federal Regional Response Team.

  6. Know and understand the importance of decontamination procedures."



Appendix 1: Jurisdictions in Region 5

1. Regional Areas

Region 5 has been divided into two operational areas, inland and coastal, which correspond to the areas in which U.S. EPA and USCG are responsible respectively for providing OSCs. The coastal operational area consists of the open waters of the Great Lakes, including Lake St. Clair, the interconnecting rivers, major bays, ports, and harbors of the Region 5 States; and the land surface, land substrata, ground water, and ambient air proximal to those waters. The inland operational area includes all other land territory of the six States of Region 5, including each State's inland lakes and rivers. Numerous Native American community reservations and treaty rights areas are also delineated within Region 5.

Two Coast Guard Districts share Federal Region 5. The Ninth Coast Guard District, headquartered in Cleveland, serves the Great Lakes drainage basin. The Eighth Coast Guard District, headquartered in New Orleans, serves the drainage basins of the upper Mississippi and the Ohio Rivers.

Within the Great Lakes coastal zone, the appropriate Captain of the Port (COTP) functions as the predesignated OSC for all oil and hazardous substance releases, subject to a DOT/U.S. EPA redelegation of certain CERCLA response authorities. U.S. EPA performs the following two categories of response actions within the coastal zone: 1) remedial actions for releases originating from facilities, and 2) all response actions for releases originating from hazardous waste management facilities.

The scope of the Eighth Coast Guard District response role is defined by a revised Memorandum of Understanding (MOU), between that District and U.S. EPA Region 5, signed by the Regional Administrator on April 12, 1993. The revised MOU assigned U.S. EPA as the predesignated OSC for the entire inland zone, including the inland river system within the Eighth Coast Guard District for responding to all discharges of oil and hazardous substances.

DOD or DOE provides OSCs for all response actions for releases of hazardous substances, pollutants, or contaminants which originate on any facility or vessel under the jurisdiction, custody, or control of DOD or DOE. In the case of a Federal agency other than U.S. EPA, USCG, DOD, or DOE, such agency shall provide OSCs for all removal actions necessitated by releases originating on any facility or vessel under its jurisdiction that are not emergencies.

U.S. EPA or USCG OSCs may be requested to provide technical assistance to the lead agency OSC who is responding to the release or threatened release. In the event of an emergency on Federal agency property, other than DOD or DOE, U.S. EPA or USCG retains response authority and U.S. EPA OSCs may respond and later initiate cost recovery actions against the potentially responsible party.

Definitions of the boundaries of OSC jurisdictions for Region 5 are provided in the following subsections. Where highways are used to delineate the boundary, the roadbed right-of-ways of the highway are included in the inland (U.S. EPA) zone.

2. United States Environmental Protection Agency OSC Boundaries

2.1. U.S. EPA Region 3 OSC Boundaries

U.S. EPA Region 3 will provide OSCs for investigating and responding to releases to the main stem of the Ohio River from the Ohio-Pennsylvania boundary, mile 40.1, to the Kentucky-West Virginia boundary, mile 317.2. All releases in the above-named stretch of the Ohio River emanating from sources in West Virginia will be handled by U.S. EPA Region 3 personnel; those from sources in Region 5 will be handled by personnel from Region 5.

If either RRT is activated, the Eighth USCG District would be involved along the entire stretch of the Ohio River.

2.2. U.S. EPA Region 4 OSC Boundaries

U.S. EPA Region 4 will provide OSCs for investigating and responding to releases of oil or hazardous materials to the main stem of the Ohio River from the Kentucky-West Virginia boundary, mile 317.2, to its junction with the Mississippi River, mile 981.2. Releases in the above-named stretch of the Ohio River emanating from shoreline sources in U.S. EPA Region 4 will be handled by personnel of Region 4; those spills from shoreline sources in Ohio, Indiana, and Illinois will be handled by personnel from Region 5. Region 4 will have the responsibility for ensuring notification of water users downstream of the location of the release, including coordination with ORSANCO, the USCG Eighth District, and COE when a release occurs on the south shoreline or in the main stream of the Ohio River; Region 5 has a like responsibility, including coordination with ORSANCO, the USCG Eighth District, and COE when a release occurs on the north shoreline of the river.

Either Region, when requested by the other, may assume the functional OSC role for a particular incident. The decision to accept this responsibility will rest with the Region being requested on an incident-specific basis. Boundary lines do not preclude mutual assistance between the two agencies.

2.3. U.S. EPA Region 7 OSC Boundaries

U.S. EPA Region 7 will provide OSCs for investigating and responding to releases to the main stem of the Upper Mississippi River (UMR) when either Iowa or Missouri is the principal first responding State. U.S. EPA Region 5 will have jurisdiction for such releases within the State of Minnesota and where Minnesota, Wisconsin, or Illinois is the first principal responding State. When releases to the UMR main stem will result in significant response by more than one State, or when there is uncertainty as to the responding States, Region 7 will provide OSCs for such releases occurring between Cairo, Illinois, and Keokuk, Iowa (miles 0.0 to 354.5), and Region 5 above that point.

For spills from shore facilities and non-waterborne sources, OSCs will be provided by the Region in which the source is located.

2.4. U.S. EPA Region 8 OSC Boundaries

U.S. EPA Region 5 will provide OSCs for investigating and responding to releases to the main stem of the Red River of the North from its origin in Lake Traverse near Browns Valley, Minnesota, to the Canadian border. All spills to the above-named stretch of the Red River emanating from sources in North Dakota and South Dakota will be handled by Region 8 personnel.

South of the Browns Valley area, the boundary between South Dakota and Minnesota involves the headwaters of the Minnesota River flowing southward. Region 5 Spill Response personnel will respond to releases to the main stem of the Little Minnesota River and Big Stone Lake southward to Ortonville, Minnesota. All releases to the above-named headwaters of the Minnesota River emanating from sources in South Dakota will be handled by Region 8 personnel; releases from sources in Minnesota will be handled by Region 5 personnel.

U.S. EPA Region 8 will provide communications as necessary with the Canadian Province of Manitoba concerning all releases occurring in waters flowing into Canada, including those emanating from Region 5.

3. Ninth Coast Guard District OSC Boundaries

Eight USCG units provide OSCs for releases occurring within the coastal zone, each serving a specific geographic area. These geographic areas are defined as: the international boundary with Canada, the boundaries between the units (described at 33 CFR 3.45), and the boundary between the inland zone and the coastal zone. In most locations, the boundary between inland and coastal zones follows the near shore areas adjoining the Great Lakes and the interconnecting rivers.

The following subsections detail, for each of the eight units, which tributaries fall within the coastal zone and where a geographic feature, such as a highway, serves as the boundary.

3.1. Marine Safety Office, Chicago, Illinois

  1. Lake Michigan: within limits of COTP Chicago.

  2. North Point Marina (Winthrop Harbor, Illinois): Entire marina.

  3. Waukegan Harbor: Entire harbor.

  4. Wilmette Harbor: From the entrance to the sluice gate.

  5. Montrose Harbor (Chicago, Illinois): Entire harbor.

  6. Belmont Harbor (Chicago, Illinois): Entire harbor.

  7. Diversey Harbor (Chicago, Illinois): Entire harbor.

  8. Chicago River: The outer harbor, limited to the waters outside the Chicago Lock and retaining walls, including the waters inside the lock gates.

  9. Burnham Park Harbor (Chicago, Illinois): Entire harbor.

  10. 59th Street Harbor (Chicago, Illinois): Entire harbor.

  11. Jackson Park Harbor (Chicago, Illinois): Entire harbor.

  12. Calumet Harbor and River (Chicago, Illinois): From the mouth of the Calumet River south to the north side of O'Brien Lock and Dam, including the waters inside the lock gates. From "The Forks" west to the temporary dike at the south boundary of Lake Calumet.

  13. Hammond Marina: Entire marina.

  14. Indiana Harbor (East Chicago, Indiana): Upstream to Conrail Railroad Bridge.

  15. Pastrick Marina (East Chicago, Indiana): Entire marina.

  16. Buffington Harbor (Gary, Indiana): Entire harbor.

  17. Gary Harbor (Gary, Indiana): Entire harbor.

  18. Burns Harbor (Burns Harbor, Indiana): From the entrance to the south end of deep draft slip.

  19. Michigan City Harbor: Entrance to Bascule Bridge.

  20. Betsie Lake (Frankfort): Entire lake throughout up to and including the mouth of the Betsie River to Highway M-22 bridge.

  21. Arcadia Lake: Entire lake.

  22. Portage Lake: Entire lake.

  23. Manistee Lake (Manistee): Entire lake throughout up to and including the mouth of the Manistee River to Highway M-55 bridge.

  24. Pere Marquette Lake (Ludington): Entire lake throughout up to and including the mouth of the Pere Marquette River to Old U.S. 31 bridge.

  25. Pentwater Lake: Entire lake.

  26. White Lake: Entire lake.

  27. Muskegon/Bear Lake (Muskegon, Michigan): Entire lake throughout up to and including the Muskegon River to the U.S. 31 bridges.

  28. Mona Lake: Entire lake.

  29. Spring Lake: Entire lake.

  30. Grand River: From the mouth to the end of the dredged channel at Buoy #78 (in Ottawa County approximately 17 miles upstream).

  31. Pigeon Lake: Entire lake up to the fixed bridge in the intake channel of the J.H. Campbell power plant and on the eastern end up to the fixed bridge of Lakeshore Avenue.

  32. Lake Macatawa: Entire lake to the end of the dredged channel marked by buoys #25 and #26 (eastern end of the lake in Holland).

  33. Kalamazoo Lake (Douglas/Saugatuck): Entire lake up to and including the Kalamazoo River to the CSX Railroad bridge, approximately 11 miles upstream.

  34. Black River (South Haven): From the mouth to the U.S. 31 bridge, approximately 2.6 miles upstream.

  35. St. Joseph River (St. Joseph): From the mouth to the Somerleyton bridge, approximately 6.6 miles upstream.

  36. Paw Paw River (Benton Harbor): From the mouth to the CSX Railroad bridge, approximately 3.2 miles upstream.

  37. Galien River: from the mouth to the Highway 12 bridge, approximately 2 miles upstream.

3.2. Marine Safety Office, Cleveland, Ohio

  1. Ashtabula River (Ashtabula, Ohio): Upstream to East 5th Street.

  2. Black River (Lorain, Ohio): Upstream to the turning basin at the National Tube Division of U.S. Steel (river mile 3.0).

  3. Conneaut River (Conneaut, Ohio): Upstream to the Bessemer and Lake Erie Railroad Swing Bridge at the Pittsburg and Conneaut Dock Company (river mile 0.75).

  4. Cuyahoga River (Cleveland, Ohio): Upstream to the mouth of Big Creek in the Metropolitan Parks (river mile 7.5).

  5. Grand River (Fairport Harbor, Ohio): Upstream to the turning basin at Osborn Concrete and Tank Company.

In addition to the river miles mentioned above, the coastal/inland zone demarcation shall be defined by the boundary on the highway created by State Route 2 from Vermilion to North Perry and then U.S. Route 20 from North Perry to the Ohio/Pennsylvania border. The costal zone being all waters and adjacent shoreline north of this boundary, any incident on the above-mentioned highways will be the responsibility of U.S. EPA but it should be noted that the COTP may be requested to respond as First Federal Official on scene until a U.S. EPA OSC can respond.

3.3. Marine Safety Office, Detroit, Michigan

  1. Lake Huron: From Latitude 44-43' south and east to international boundary.

  2. Saginaw Bay: The entire Saginaw Bay.

  3. St. Clair River: East to international boundary.

  4. Lake St. Clair: East to international boundary.

  5. Detroit River: South to Detroit River Light and east to international boundary.

  6. Au Gres River (Au Gres, Michigan): Upstream to U.S. 23 Bridge.

  7. Au Sable River (Oscoda, Michigan): Upstream to Mill Street Bridge.

  8. Bird Creek (Port Austin, Michigan): Upstream to Spring Street Bridge.

  9. Belle River (Port Huron, Michigan): Upstream to M-29 Broadway Bridge.

  10. Black River (Port Huron, Michigan): Upstream to and including Black River Canal.

  11. Clinton River (Harrison Township, Michigan): Up to and including Clinton River Spillway.

  12. Ecorse River (Ecorse, Michigan): Upstream to Jefferson Avenue Bridge.

  13. Huron River (Rockwood, Michigan): Dixie Highway Bridge 1.8 miles above mouth of rive.

  14. Milk River (St. Clair Shores, Michigan): Up to Jefferson Avenue Bridge.

  15. Pigeon River (Caseville, Michigan): Upstream to M-25 Bridge.

  16. Pine River (St. Clair, Michigan): Upstream to CSX Railroad Bridge.

  17. River Rouge (Saginaw and Bay City, Michigan): Upstream to .5 mile above Center Street Bridge in Saginaw.

  18. Salt River (Chesterfield Township, Michigan): Upstream to Callens Road Bridge.

  19. Sebewaing River (Sebewaing, Michigan): Upstream to M-25 Bridge.

3.4. Marine Safety Office, Duluth, Minnesota

Within Duluth/Superior Harbor, COTP Duluth will assume the responsibility for providing FOSCs in Duluth/Superior Harbor to the mouths of all small tributary rivers and creeks entering into the harbor, plus the St. Louis River serviced by existing patrols and aids to navigation up to the Highway Bridge on Route 23 at Fond du Lac, Minnesota, and the waters of Lake Superior within COTP Duluth.

3.5. Marine Safety Office, Milwaukee, Wisconsin

  1. All waters of Lake Michigan within COTP Milwaukee's zone.

  2. Pike Creek (Kenosha): To the Sixth Avenue Bridge.

  3. Root River (Racine): To the Main Street Bridge.

  4. Oak Creek (Milwaukee): To its mouth.

  5. Kinnickkinnic River (Milwaukee): To the South Kinnickkinnic Avenue Bridge.

  6. Menominee River (Milwaukee): To mile 2 (25th Street Bridge).

  7. Milwaukee River (Milwaukee): To the North Humboldt Avenue Bridge.

  8. Sauk Creek (Port Washington): To the Wisconsin Street Bridge.

  9. Sheboygan River (Sheboygan): To the Pennsylvania Avenue Bridge.

  10. Manitowac River (Manitowac): To the C&NW Railroad Bridge.

  11. West Twin River (Two Rivers): To the 16th and Madison Streets Bridge.

  12. East Twin River (Two Rivers): To the 22nd Street Bridge.

  13. Kewaunee River (Kewaunee): To the Park Street Bridge.

  14. Ahnapee River (Algoma): To the 2nd Street Bridge.

  15. Fox River (Green Bay): To the State Route 172 Bridge.

  16. East River (Green Bay): To the Monroe Avenue Bridge.

  17. Oconto River (Oconto): To the turning basin.

  18. Menominee River (Marinette, Wisconsin to Menominee, Michigan): To the Dunlap Avenue (Highway 41) Bridge.

3.6. Marine Safety Office, Sault Ste. Marie, Michigan

  1. Lake Superior: The waters, bays, tributaries, and adjoining shoreline of Lake Superior within U.S. territory, eastward from the westernmost boundary of the Area of Operations (AOR) to a line between Point Iroquois running northeast to Gros Cap Reef Light on the International Boundary.

  2. St. Mary's River: The waters, bays, tributaries, and adjoining shoreline of the St. Mary's River within U.S. territory, from a line between Point Iroquois and Gros Cap Reef Light southward to a line between Detour Reef Light and Crab Island Shoal Light, including the waters of Potagannissing Bay.

  3. Lake Huron: The waters, bays, tributaries, and adjoining shoreline of Lake Huron within U.S. territory, northward from the southernmost boundary of the AOR, west to the Straits of Mackinaw Bridge.

  4. Lake Michigan: The waters, bays, tributaries, and adjoining shoreline of Lake Michigan, eastward from the westernmost boundary of the AOR, to the Straits of Mackinaw Bridge.

3.7. Marine Safety Office, Toledo, Ohio

  1. River Raisin (Monroe, Michigan): Upstream to the turning basin (river mile 1.5).

  2. Maumee River (Toledo, Ohio): Upstream to the I-75 Bridge.

  3. Portage River (Port Clinton, Ohio): Upstream to Highway 163.

  4. Sandusky Bay (Sandusky, Ohio): Upstream to Highway 2.

  5. Huron River (Huron, Ohio): Upstream to turning basin (mile .5).

  6. Lake Erie: The open waters, bays, harbors, and mouths of tributaries within the COTP Toledo zone.

3.8. Ninth Coast Guard District Responses in the Inland Zone

Ordinarily, the Ninth Coast Guard District will not provide the OSC for a release occurring in the inland zone. However, where a Marine Safety Officer responds in the inland zone to a marine casualty or other incident pursuant to USCG port safety and commercial vessel safety responsibilities, that officer will serve as the First Federal Official On Scene, pending arrival of the predesignated U.S. EPA OSC. In this capacity, that officer will manage any cleanup actions performed by the responsible party and, if necessary, will initiate a Federal removal.

The U.S. EPA Region 5 office may request that the Ninth Coast Guard District provide the OSC for a release in the inland zone, regardless of source, because of the particular circumstances of the incident.

4. Eighth Coast Guard District OSC Boundaries

Agency responsibilities have been reassigned to more clearly reflect the inland and coastal zone delineation. The revised MOU assigns the U.S. EPA as the predesignated OSC for the entire inland zone, including the inland river system within the Eighth District. The previous agreement designating specified ports and harbors as portions of the Coastal Zone is no longer applicable.

The Eighth District will assist the predesignated U.S. EPA OSC where there is a discharge or release of oil or hazardous substances, or a threat of such a discharge or release, into or on navigable waters. Upon request by the U.S. EPA OSC, the USCG may act on behalf of U.S. EPA, assuming the functional role and responsibilities of the OSC. If the USCG is the first Federal official on-scene, the USCG will notify the U.S. EPA OSC and act as the OSC until such time as the U.S. EPA OSC arrives. If the incident involves a commercial vessel, a transfer operation, or a marine transportation related facility, the USCG will provide the OSC.




Appendix 2: Federally Recognized Native American Tribes in Region 5

Michigan Tribal Contacts

Bay Mills Executive Council
Jeff Parker, Chairman
Route #1
Brimley, MI 49715

Bay Mills Indian Community
Ken Gebhardt, Fisheries Biologist
Route 1
Brimley, MI 49715

Grand Traverse Band of Ottawa & Chippewa
Joseph Raphael, Chairman
2605 NW Bayshore Road
Suttons Bay, MI 49862

Grand Traverse Band of Ottawa & Chippewa
Christine Mitchell, Biological Services Director
Route #1, Box 135
Suttons Bay, MI 49682

Hannahville Indian Community
Jeff Pecotte, Health Administrator
N14911 Hannahville Road
Wilson, MI 49896-7454

Hannahville Tribal Council
Kenneth Meshigaud, Chairman
N14911 Hannahville Bl. Rd.
Wilson, MI 49896-9728

Keweenaw Bay Indian Community
William Beaver, Environmental Specialist
795 Michigan Avenue
Baraga, MI 49908

Keweenaw Bay Tribal Council
Fred Dakota, President
795 Michigan Avenue
Baraga, MI 49908

Lac Vieux Desert Tribal Council
John McGeshick, Chairman
P.O. Box 446
Watersmeet, MI 49969

Lake Superior Chippewa, Lac Vieux Desert Band
George Beck, Environmental Specialist
P.O. Box 446
Watersmeet, MI 49969

Little River Band of Ottawa Indians
Daniel Bailey, Chairman
409 Water Street
Manistee, MI 49660

Little Traverse Band of Odawa Indians
Frank Ettawageshik, Chairman
1345 US Route 31 North
P.O. Box 246
Petosky, MI 49770

Pokaogon Band of Potawatomi
Joseph Winchester, Chairman
714 N. Front Street
Dowagiac, MI 49047

Nottawaseppi Huron Potawatomi Band
221 1/2 Mile Road
Fulton, MI 49052

Saginaw Chippewa Indian Tribe
Bill Mrdeza, Tribal Planner 7070 East Broadway Road
Mt. Pleasant, MI 48858

Saginaw Chippewa Tribal Council
Phil Peters, Chairman
7070 East Broadway Road
Mt. Pleasant, MI 48858

Sault Ste. Marie Tribal Council
Bernard Boushcor, Chairman
206 Greenough Street
Sault Ste. Marie, MI 49783

Sault Ste. Marie Tribe
Dan Tadgerson, Environmental Specialist
206 Greenough Street
Sault Ste. Marie, MI 49783



Minnesota Tribal Contacts

Bois Forte Band of Chippewa
Darin Steen, Environmental Specialist
P.O. Box 16
Nett Lake, MN 55772
Bois Forte Tribal Council
Gary Donald, Chairman
P.O. Box 16
Nett Lake, MN 55772

Fond du Lac Band of Chippewa
Robert Peacock, Chairman
105 University Road
Cloquet, MN 55720

Fond du Lac Band of Chippewa
Joel Peterson, Environmental Specialist
105 University Road
Cloquet, MN 55720

Grand Portage Band of Chippewa
Norman Deschampe, Chairman
P.O. Box 428
Grand Portage, MN 55605

Grand Portage Band of Chippewa
Kristine Carré, Environmental Specialist
P.O. Box 428
Grand Portage, MN 55605

Leech Lake Band of Chippewa
Alfred Pemberton, Chairman
Route 3, Box 100
Cass Lake, MN 56633

Leech Lake Band of Chippewa
Bev-Nii Anderson, Environmental Specialist
Route 3, Box 100
Cass Lake, MN 56633

Lower Sioux Community Council
Jody Goodthunder, Chairman
Route #1, Box 308
Morton, MN 56270

Mille Lacs Band of Ojibwe
Marge Anderson, Chief Executive
HCR 67, Box 194
Onamia, MN 56359

Mille Lacs Band of Ojibwe
Mike Moilenan, Environmental Specialist
HCR 67, Box 194
Onamia, MN 56359

Minnesota Chippewa Tribe
Gary Frazer, Executive Director
P.O. Box 217
Cass Lake, MN 56633

Prairie Island Dakota Community
Curtis Campbell, Sr., President
5750 Sturgeon Lake Road
Welch, MN 55089

Prairie Island Community Council
Heather Westra, Environmental Specialist
5750 Sturgeon Lake Road
Welch, MN 55089

Red Lake Tribal Council
Bobby Whitefeather, Chairman
PO Box 279
Red Lake, MN 55089

Red Lake Band of Chippewa
Ken McBride, Environmental Specialist
P.O. Box 279
Red Lake, MN 56671

Shakopee Mdewakanton Community
Stanley Crooks, Chairman
2330 Sioux Trail NW
Prior Lake, MN 55372

Shakopee Mdewakanton Community
Stan Ellison, Environmental Specialist
2330 Sioux Trail, NW
Prior Lake, MN 55372

Upper/Lower Sioux
Jeff Besougloff, Environmental Specialist
610 E. Bridge Street
Redwood Falls, MN 56283

Upper Sioux Board of Trustees
Dallas Ross, Chairman
Box 147
Granite Falls, MN 56241

White Earth Band of Chippewa
Jeffrey Wark
RR 2, Box 270
Ponsford, MN 56591

White Earth Tribe
Eugene McArthur, Chairman
P.O. Box 418
White Earth, MN 56591



Wisconsin Tribal Contacts

Bad River Band of Chippewa
John Wilmer, Chairperson
P.O. Box 39
Odanah, WI 54861
Bad River Band of Chippewa
Gerald White, Environmental Specialist
P.O. Box 39
Odanah, WI 54861

Forest County Potawatomi Community
Phil Shopodock, Chairman
P.O. Box 346
Crandon, WI 54520

Forest County Potawatomi Community
Christine Hansen
P.O. Box 346
Crandon, WI 54520

Ho-Chunk Nation
Chloris Lowe, Chairman
P.O. Box 667, Hwy 54 East
Black River Falls, WI 54615

Ho-Chunk Nation
Jim Dunning, Environmental Specialist
Health and Human Services Dept.
P.O. Box 636
Black River Falls, WI 54615

Lac Courte Oreilles Band of Chippewa
Al Trepania, Chairman
Route #2, Box 2700
Hayward, WI 54843

Lac Courte Oreilles Band of Chippewa
Dan Tyrolt, Environmental Specialist
Route #2, Box 2700
Hayward, WI 54843

Lac du Flambeau Band of Chippewa
Tom Maulson, Chairman
P.O. Box 67
Lac du Flambeau, WI 54538

Lac du Flambeau Band of Chippewa
Dee Allen, Environmental Specialist
P. O. Box 67
Lac du Flambeau, WI 54538

Menominee Tribal Legislature
John Teller, Chairman
P.O. Box 397
Keshena, WI 54135

Menominee Indian Tribe
Gary Schuettpelz, Environmental Specialist
P.O. Box 910
Keshena, WI 54135

Oneida Business Committee
Deborah Doxtator, Chairperson
P.O. Box 365
Oneida, WI 54155

Oneida Nation of Wisconsin
Dawn George, Environmental Specialist
P.O. Box 365
Oneida, WI 54155

Red Cliff Tribal Council
Rose Gurnoe, Chairperson
P.O. Box 529
Bayfield, WI 54814

Red Cliff Band of Chippewa Indians
Judy Pratt-Shelley, Environmental Specialist
P.O. Box 529
Bayfield, WI 54814

St. Croix Tribal Council
Lewis Taylor, Chairman
P.O. Box 287
Hertel, WI 54845

St. Croix Band of Chippewa
Michele Schwoch, Environmental Specialist
P.O. Box 287
Hertel, WI 54845

Sokaogon Chippewa Community
Arlyn Ackley, Sr., Chairman
Route #1, P.O. Box 625
Crandon, WI 54520

Sokaogon Chippewa Community
John Griffin, Environmental Specialist
Route #1, P.O. Box 625
Crandon, WI 54520

Stockbridge-Munsee Community
Virgil Murphy, President
Route #1
Bowler, WI 54416

Stockbridge-Munsee Community
Greg Bunker, Environmental Specialist
Route #1
Bowler, WI 54416



Tribal Organizations

Chippewa/Ottawa Treaty Fishery Mgt. Authority
Faith McGruther, Director
186 E. 3 Mile Rd-LeBlanc Bldg.
Sault Ste. Marie, MI 49783
1854 Treaty Resource Management Authority
Ferdinand Martineau, Director
1908 1/2 West Superior
Duluth, MN 55806

Great Lakes Indian Fish and Wildlife Commission
James Schlender, Director
P.O. Box 9
Odanah, WI 54861

Great Lakes Inter-Tribal Council
Joseph Bressette, Executive Director
623 Peace Pipe Road
Lac du Flambeau, WI 54538

Inter-Tribal Council of Michigan
Sylvia Evans, Director
312 Water Tower Drive
Kincheloe, MI 49788

Minnesota Chippewa Tribe
Gary Frazer, Executive Director
P.O. Box 217
Cass Lake, MN 56633



Tribal Liaisons

Tribal Environmental Liaison
Steve Dodge
P.O. Box 1030
Keshena, Wisconsin 54135
Tribal Environmental Liaison
Ed Fairbanks
c/o Minnesota Chippewa Tribe
P.O. Box 217
Cass Lake, MN 56633

Tribal Environmental Liaison
Jennifer Manville
3601 Mackinaw Trail
Sault Ste. Marie, MI 49783-9479




Appendix 3: Current Members of Standing RRT

Last Updated: January 8, 1998

Department of Agriculture

Primary

Ken Strauss
Assistant Director, Fire Operations
Aviation and Fire Management
USDA Forest Service, Region 9
310 West Wisconsin Avenue
Milwaukee, WI 53203


Phone: (414) 297-3682
24 hour: 414-297-3690
FAX: 414-297-3642
E-mail: kenneth.strauss/r9@fs.fed.us

Department of Commerce

Primary

David F. Reid, Ph.D.
Assistant to the Director
NOAA/Great Lakes Environmental
Research Laboratory
2205 Commonwealth Boulevard
Ann Arbor, MI 48105-1583


Phone: 734-741-2019
FAX: 734-741-2003
NOAA Hazmat Duty Officer:
206-526-6317
E-mail: reid@glerl.noaa.gov

Alternate

Peter F. Landrum, Ph.D.
Research Chemist
NOAA/Great Lakes Environmental Research Laboratory
2205 Commonwealth Boulevard
Ann Arbor, MI 48105-1583


Phone: 734-741-2244/2276
FAX: 734-741-2003
NOAA Hazmat Duty Officer:
206-526-6317
E-mail: landrum@glerl.noaa.gov

Scientific Support Coordinator

Steve Lehmann
NOAA/HAZMAT
Commander (m)
First Coast Guard District
408 Atlantic Ave.
Boston, MA 02110


Phone: 617-223-8016
FAX: 617-223-8013
PAGER: 1-800-SKY-PAGE (759-7243)
PIN: 579-8814
HAZMAT Duty Officer: 206-526-6317
E-mail: stevel@hazmat.noaa.gov

Department of Defense

Primary

Mark Schultz
PWC/EFA/NTC Great Lakes
Suite 120, Building 1A
2703 Sheridan Road
Great Lakes, IL 60088-5600


Phone: 847-688-5994
FAX: 847-688-2319 or 4845
E-mail:
mrschult@pwcgl.navfac.navy.mil

Alternate

Michael A. Hanson
PWC/EFA/NTC Great Lakes
Suite 120, Building 1A
2703 Sheridan Road
Great Lakes, IL 6008-5600


Phone: 847-688-5997
FAX:847-688-2319
E-mail: mahanson@pwcgl.navfac.navy.mil

Department of Energy

Primary

Edward Jascewsky
Chief, Health Protection Branch
U.S. Department of Energy
Radiological Coordination Office
9800 South Cass Avenue
Argonne, IL 60439


Phone: 630-252-9660
24 hour: 630-252-4800
FAX: 630-252-2361
E-mail: edward.jascewsky@ch.doe.gov

Alternate

Charles Mansfield
Health Protection Specialist
U.S. Department of Energy
Radiological Coordination Office
9800 South Cass Avenue
Argonne, IL 60439


Phone: 630-252-2271
24 hour: 630-252-4800
FAX: 630-252-2835
E-mail: charles.mansfield@ch.doe.gov

Department of Health and Human Services

Primary

Carl Adrianopoli
Office of Emergency Preparedness
U.S. Public Health Service, Region 5
105 West Adams, 17th floor
Chicago, IL 60603


Phone: 312-353-4515
24 hour: 1-800-SKY-PAGE/Pin: 237-6227
FAX: 312-353-0718
E-mail: cadriano@hrsa.dhhs.gov

Alternate

Clayton G. Koher
ATSDR
Mail Code: ATSD-4J
77 West Jackson Blvd.
Chicago, IL 60604


Phone: 312-353-6086
24 hour: 708-352-5566
FAX: 312-886-6066
E-mail: ATSOAA 1/Clayton G. Koher
(Global Address Book)

Department of the Interior

Primary

Don Henne, Regional Environmetnal Officer
U.S. Department of the Interior
Office of Environmental Policy and Compliance
244 Custom House
200 Chestnut Street
Philadelphia, PA 19106


Phone: 215-597-5378
24 hour: 800-759-8352/Mailbox: 116-8849
FAX: 215-597-9845
NOAA Mail: R3DOI
E-mail: donald_henne@ios.doi.gov

Alternate

Michael T. Chezik
U.S. Department of the Interior
Office of Environmental Policy & Compliance
244 Custom House
200 Chestnut Street
Philadelphia, PA 19106


Phone: 215-597-5378
24 hour: 800-759-8352/Mailbox: 116-8849
FAX: 215-597-9845
NOAA Mail: R3DOI
E-mail: mtcphil@aol.com

Department of Justice

Primary

Susan L. Schneider, Senior Attorney
Environmetnal Enforcement Section
U.S. Department of Justice
Ben Franklin Station
P.O. Box 7611
Washington, DC 20044


Phone: 202-514-3733
24 hour: 202-514-2000
FAX: 202-616-6584
E-mail: susan.schneider@usdoj.gov

Alternate

Steven Ellis
U.S. Department of Justice
P.O. Box 7611
Washington, DC 20044


Phone: 202-514-3163
24 hour: 202-514-2000
FAX: 202-616-6584
E-mail: steven.ellis@usdoj.gov

Department of Labor

Primary

William Wiehrdt
Assistant for Technical Support
U.S. Department of Labor
OSHA, Room 3244
230 South Dearborn
Chicago, IL 60604


Phone: 312-353-2220
24 hour: 312-353-2220
Information: 800-321-OSHA
FAX: 312-353-7774
E-mail: wwiehrdt@dol.gov

Alternate

Cynthia Weaver, Industrial Hygienist
U.S. Department of Labor
OSHA, Room 3244
230 South Dearborn
Chicago, IL 60604


Phone: 312-353-2220
24 hour: 312-353-2220
Information: 800-321-OSHA
FAX: 312-353-7774
E-mail: cweaver@dol.gov

Department of State (NRT/RRT Representative)

Primary

Robert Blumberg, Marine Pollution Officer
Department of State
Attn: OES/OA, Room 5801
Main State Building
2201 C Street NW
Washington, DC 20520


Phone: 202-647-4971
24 hour: 202-647-1512
FAX: 202-647-9099
E-mail: blumberg@state.gov

Alternate

Tucker Scully, Director
Office of Ocean Affairs
Department of State
Attn: OES/OA, Room 5801
2201 C Street NW
Washington, DC 20520


Phone: 202-647-3262
24 hour: 202-647-1512
FAX: 202-647-1106

Department of Transportation

United States Coast Guard, Ninth District

Primary/Region 5 RRT Co-Chair

Captain Gregory Cope
Chief, Marine Safety Division
Commander (m)
U.S. Coast Guard, Ninth District
1240 East 9th Street
Cleveland, OH 44199-2060


Phone: 216-902-6045
24 hour: 1-800-321-4400
FAX: 216-902-6059
E-mail: gcope@d9.uscg.mil

Alternate

Robert Lallier
U.S. Coast Guard Ninth District
1240 East 9th Street
Cleveland, OH 44199-2060


Phone: 216-902-6045
24 hour: 1-800-321-4400
FAX: 216-902-6059
E-mail: rlallier@d9.uscg.mil

Support

T.J. Mangoni
Marine Safety Division
U.S. Coast Guard, Ninth District
1240 East 9th Street
Cleveland, OH 44199-2060


Phone: 216-902-6053
24 hour: 1-800-321-4400
FAX: 216-902-6059
E-mail: amangoni@d9.uscg.mil

United States Coast Guard, Eighth District

Primary

Capt. Fred Newman, Jr.
Director, Western Rivers Operations
U.S. Coast Guard, Eighth District
1222 Spruce Street
St. Louis, MO 63103-2832


Phone: 314-539-3900 ext. 202
24 hour: 314-539-3706
FAX: 314-539-2649
E-mail: fnewman@d8.uscg.mil

Alternate

CDR Ed Stanton
Marine Safety Division
U.S. Coast Guard, Eighth District
Hale Boggs Federal Building
501 Magazine Street
New Orleans, LA 70130-3396


Phone: 504-589-6271 or 3656
24 hour: 504-589-6225
FAX: 504-589-4999
E-mail: estanton@d8.uscg.mil

United States Environmental Protection Agency, Region 5

Primary/Region 5 RRT Co-Chair

Richard Karl, Chief
Emergency Response Branch
U.S. EPA Region 5
77 West Jackson, SE-5J
Chicago, IL 60604


Phone: 312-353-9295
24 hour: 312-353-2318
FAX: 312-353-9176
E-mail: karl.richard@epamail.epa.gov

Alternate

Mark Horwitz, Chief
Office of Chemical Emergency
Preparedness and Prevention
U.S. EPA Region 5
77 West Jackson, SC-9J
Chicago, IL 60604


Phone: 312-353-9045
24 hour: 312-353-2318
FAX: 312-886-6064
E-mail: horwitz.mark@epamail.epa.gov

Federal Emergency Management Agency

Primary

Terry Reuss Fell
TE&E Branch, PT&E Division
FEMA Region 5
175 West Jackson, 4th Floor
Chicago, IL 60604


Phone: 312-408-5587
24 hour: 202-898-6100
FAX: 312-408-5222
E-mail: terry.fell@fema.gov

Alternate

Robert D. Sauer
TE&E Branch, PT&E Division
FEMA Region 5
175 West Jackson, 4th Floor
Chicago, IL 60604


Phone: 312-408-5589
24 hour: 202-898-6100
FAX: 312-408-5222
E-mail: bob.sauer@fema.gov

General Services Administration

Primary

Ronald E. Rennhack, Chief
Assets Mgmt. Branch (5CA DPN 37-5)
General Services Administration
230 South Dearborn
Chicago, IL 60604


Phone: 312-353-8421 ext. 40
24 hour: 312-353-0735
FAX: 312-886-9893
E-mail: ron.rennhack@gsa.gov

Alternate

James Czysz, Director
Business Service Center
General Services Administration
230 S. Dearborn St., Room 3714
Chicago, IL 60604


Phone: 312-353-5383
FAX: 312-353-5385
E-mail: jim.czysz@gsa.gov

State of Illinois

Primary

James O'Brien, Manager
Office of Chemical Safety (29)
Illinois EPA
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276


Phone: 217-782-3637
24 hour: 217-782-7860 (IEMA)
FAX: 217-782-1431
E-mail: epa8539@epa.state.il.us

Alternate

Joe Goodner
Illinois EPA
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276


Phone: 217-785-0830
Pager: 217-467-2221
24 hour: 217-782-7860 (IEMA)
FAX: 217-782-1431
E-mail: epa8538@epa.state.il.us

State of Indiana

Primary

Max Michael, Branch Chief
Emergency Response Branch
Indiana Dept. of Environmental Mgt.
100 North Senate Avenue
Indianapolis, IN 46206


Phone: 317-308-3049
24 hour: 317-233-7745
Toll Free In State: 888-233-7745
FAX: 317-308-3063
E-mail: mpm@opn.dem.state.in.us

Alternate

Charles R. Phipps, Section Chief
Emergency Response Branch
Indiana Dept. of Environmental Mgt.
100 North Senate Avenue (N-1255)
Indianapolis, IN 46206


Phone: 317-308-3027
24 hour: 317-233-7745
Toll Free In State: 888-233-7745
FAX: 317-308-3063
E-mail: crp@opn.dem.state.in.us

Alternate

David Crose, Director
Technological Hazards Division
IN State Emergency Management Agency
Indiana Government Center South
402 West Washington St., Room E-208
Indianapolis, IN 46204-2760


Phone: 317-232-3837
24 hour: 800-669-7362
FAX: 317-233-5006
E-mail: dcrose@sema.state.in.us

State of Michigan

Primary

Thor Strong
Emergency Mgt. Coordinator
Low Level Radioactive Waste Authority
Michigan Dept. of Environmental Quality
P.O. Box 30473
Lansing, MI 48909


Phone: 517-335-0430
24 hour: 517-373-7660
FAX: 517-373-0578
E-mail: strongt@deq.state.mi.us

Alternate

Paul Blakeslee
Surface Water Quality Division
Field Operations
Michigan Dept. of Environmental Quality
P.O. Box 30028
Lansing, MI 48909


Phone: 517-335-6873
24 hour: 517-373-7660
FAX: 517-373-9958
E-mail: blakeslp@deq.state.mi.us

Alternate

Mitch Adelman, Chief, Site Mgmt. Unit #3
Superfund Section
Emergency Response Division
Michigan Dept. of Environmental Quality
P.O. Box 30426
Lansing, MI 48909


Phone: 517-373-8436
24 hour: 517-373-7660
FAX: 517-335-4887
E-mail: adelmanm@deq.state.mi.us

State of Minnesota

Primary

Stephen J. Lee, Supervisor
Spills Unit, Tanks and Spills Section
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155


Phone: 612-297-8610
24 hour: 612-649-5451
FAX: 612-297-8676
E-mail: stephen.lee@pca.state.mn.us

Alternate

James Franklin, Director
Division of Emergency Management
Department of Public Safety
B5 State Capitol
St. Paul, MN 55155


Phone: 612-296-0450
24 hour: 612-649-5451
FAX: 612-296-0459
E-mail: jim.franklin@state.mn.us

State of Ohio

Primary

Tim Hickin, Supervisor
Emergency Response Unit
Ohio Environmental Protection Agency
P.O. Box 1049
Columbus, OH 43216-1049


Phone: 614-644-2080
24 hour: 800-282-9378
FAX: 614-644-3250
NOAA Mail: R5OH
E-mail: thickin@central.epa.ohio.gov

Alternate

Kevin Clouse
Emergency Response/Special
Investigations Section
Ohio Environmental Protection Agency
P.O. Box 1049
Columbus, OH 43216-1049


Phone: 614-644-2083
24 hour: 800-282-9378
FAX: 614-644-3250
NOAA Mail: R5OH
E-mail: kclouse@central.epa.ohio.gov

State of Wisconsin

Primary

David Woodbury
Bureau of Law Enforcement
Wisconsin Dept. of Natural Resources
101 South Webster Street
P.O. Box 7921
Madison, WI 53707-7921


Phone: 608-266-2598
24 hour: 800-943-0003
FAX: 608-266-3696
E-mail: woodbd@dnr.state.wi.us

Alternate

Mr. Jerry Haberl
Wisconsin Dept. of Emergency Management
Department of Military Affairs
2400 Wright Street
P.O. Box 7865
Madison, WI 53707


Phone: 608-242-3213
24 hour: 608-275-8209 (Pager)
FAX: 608-242-3248
E-mail: haberj@dma.state.wi.us

Interested Parties


Tom Crane
Great Lakes Commission
400 Fourth Street -- Argus II Bldg.
Ann Arbor, MI 48103-4816


Phone: 734-665-9135
FAX: 734-665-4370
E-mail: tcrane@glc.org


John Gustafson
U.S. EPA/NRT
CEPPO, Mail Code: 5104
401 M Street SW
Washington, DC 20406


Phone: 202-260-3315
FAX: 202-260-0154
E-mail: gogus@aol.com


Ron Kasparski
Wisconsin Emergency Mgt. Agency
2400 Wright Street
P.O. Box 7865
Madison, WI 53707-7865


Phone: 608-242-3228
FAX: 608-242-3249
E-mail: kasper@dma.state.wi.us


Jonathan A. McSayles
ORSANCO
5735 Kellogg Ave.
Cincinnati, OH 45240


Phone: 513-231-7719
FAX: 513-231-7761
E-mail: mcsayles@orsanco.org


Barbara Naramore
Associate Director
Upper Mississippi River Basic Assoc.
415 Hamm Building
408 St. Peter Street
St. Paul, MN 55102


Phone: 612-224-2880
24 hour: 800-943-0003
FAX: 612-233-5815
E-mail: umrba@mr.net


Ken Schultz
Ohio Environmental Protection Agency
2855 West Dublin-Granville Road
Columbus, OH 43235-2206


Phone: 614-644-2081
FAX: 614-644-3250
E-mail: ken.schultz@epa.state.ohio.us

United State Coast Guard, Atlantic Strike Team

MSO Buffalo


Commanding Officer
USCG Marine Safety Office
1 Fuhrman Blvd.
Buffalo, NY 14203


Phone: 716-843-9570
FAX: 716-843-9571

MSO Chicago


Commanding Officer
USCG Marine Safety Office
215 West 83rd St., Ste. D
Burr Ridge, IL 60521


Phone: 630-986-2155
FAX: 630-986-2120
E-mail: j.babb/msochicago@cgsmtp.uscg.mil

MSO Cleveland


Commanding Officer
USCG Marine Safety Office
1055 East 9th Street
Cleveland, OH 44114


Phone: 216-522-4405
FAX: 216-522-3290

MSO Detroit


Commanding Officer
USCG Marine Safety Office
110 Mt. Elliot Ave.
Detroit, MI 48207


Phone: 313-568-9580
FAX: 313-568-9581

MSO Duluth


Commanding Officer
USCG Marine Safety Office
600 S. Lake Street, Canal Park
Duluth, MN 55802


Phone: 218-720-5286
FAX: 218-720-5258

MSO Milwaukee


Commanding Officer
USCG Marine Safety Office
2420 S. Lincoln Memorial Drive
Milwaukee, WI 53207-1997


Phone: 414-747-7155
FAX: 414-747-7890

MSO/Group Sault Ste. Marie


Commanding Officer
USCG Marine Safety Office
337 Water Street
Sault Ste. Marie, MI 49783-9501


Phone: 906-635-3220
FAX: 906-635-3344

MSO Toledo


Commanding Officer
USCG Marine Safety Office
Federal Building, Room 501
234 Summit Street
Toledo, OH 43604


Phone: 419-259-6372
FAX: 419-259-6374




Appendix 4: Worst-Case Discharges in Region 5

Not yet available.


Appendix 5: Shoreline Cleanup Guideline Matrices

To be included on disk.


Appendix 7: Chemical Use Checklist





A. Compile DataResponsibility
1. Spill Data

  • circumstances
  • time/date of incident
  • location
  • type of oil product
  • volume of product released
  • total potential of release
  • type of release (instantaneous, continuous, etc.)
OSC
2. Characteristics of Spilled Oils

  • specific gravity
  • viscosity
OSC
3. Weather and Water Conditions/Forecasts

  • air temperature, wind speed, direction
  • water conditions
  • water temperature
  • water depth
SSC
4. Oil Trajectory Information

  • 48-hour surface oil trajectory forecast
  • surface area of slick
  • expected conditions of landfall
  • 48-hour dispersed or chemically treated oil trajectory forecast
  • oil movement in water column
  • surface oil movement and expected landfall
  • concentration of the dispersant/oil mixture in the water column
SSC
5. Chemical Characteristics and Application Equipment


Chemical Characteristics
Product 1
Product 2
Product 3
Chemical Name
Trade Name
Manufacturer
When Available
Location
Characteristics:
  • toxicity
  • effectiveness
  • reactions
  • applicability
  • flash point

Amount Available
Type of Containers
Application Methods
Benefits to Problem (e.g. reduce vapor,
increase viscosity)





Transportation and Equipment
Company 1
Company 2
Company 3
Name
Location
Equipment
Available
Transportation of Equipment





6. Comparison of the Effectiveness of Conventional Clean Methods vs. Use of Chemicals

  • containment at the source
  • burning
  • shoreline protection strategies
  • shoreline cleanup strategies
  • time necessary to execute response


U.S. EPA, USCG OSC
SSC, State(s)
7. Habitats and Resources at Risk

  • shoreline habitat type and area of impact
  • resources
  • endangered/threatened species
  • critical habitat for the above species
  • waterfowl use
  • shellfish
  • finfish
  • commercial use
  • public use areas
  • other resources of significance
OSC, SSC
8. Other Users of the Water: Nearby and Downstreamc
  • water supply, potable
  • water supply, industrial
  • OSC
    B. Recommendations
    1. Possible Options

    • do not use chemicals
    • use chemicals on a trial basis
    • disperse or chemically treat in limited defined areas
    • disperse or chemically treat to maximum extent possible with accepted methods and available equipment
    U.S. EPA, USCG OSC
    SSC, state(s)
    2. Other Recommendations/Rationale
    C. Evaluation of Decision
    1. Will application remove a significant amount of the slick from the surface water?

    2. Can the extent or location of shoreline impacts be altered in a positive manner?

    3. Can the damage to endangered/threatened species, mammals, and waterfowl be lessened?

    4. Will the damage to habitats and resources resulting from the chemical use be less than those resulting without the use?

    5. If recreational, economic, and aesthetic considerations are a higher priority than natural resource considerations, what is the most effective means of their protection?

    U.S. EPA, USCG OSC
    SSC, state(s)
    D. Monitoring of Chemical Use
    1. Records

    • chemical brand
    • Equipment and methods used in application
    • dilution of chemical prior to application, if any
    • rate of application
    • times and area of application
    • wind and wave conditions during application

    2. Effectiveness - visual and photographic documentation

    • oil before and after chemical application
    • resurfacing of dispersed or chemically treated oil
    • sampling of the water beneath the oil slick and the oil/chemical combination to determine the level of petroleum hydrocarbons in the water

    3. Environmental Impacts - visual and photographic surveys

    • the extent of shoreline impact by chemically treated and untreated oil
    • mortality or abnormal behavior of fish, birds, or mammals
    • comparison of shoreline areas impacted by oil and oil/chemical mixtures
    • analysis of oil concentrations in sediments under chemically treated oil
    • investigation of water column organisms for signs of adverse impact due to chemically treated oil
    • collection and analysis of birds affected by chemicals or oil/chemical mixture

    4. Public Health

    • Sampling water supplies for petroleum and chemical constituents
    OSC, State(s)



    Appendix 8: In Situ Burning of Oil as a Response Tool in Region 5

    In Situ Burning of Oil as a Response Tool in Region 5:
    Guidance for Approving Proposals to Burn Oil

    Part I

    Prepared for Region 5 Regional Response Team by
    Countermeasures Workgroup, Region 5 Regional Response Team

    January 1996

    Introduction

    In order to minimize the environmental impacts and facilitate effective cleanup of an oil spill, responders have a limited number of techniques available to them. These include mechanical methods, the use of certain chemical countermeasures, and in situ burning. Under certain specific conditions, in situ burning may offer a logistically simple, rapid, inexpensive, and relatively safe means for reducing the shoreline impacts of an oil spill. Moreover, because a large portion of the oil is converted to gaseous combustion products, the need for collection, storage, transport, and disposal of recovered material can be substantially reduced. In situ burning may be able to remove large amounts of spilled oil before spreading and drifting of the spill fouls shorelines and threatens wildlife. In certain circumstances, such as oil spilled in ice conditions, burning may be the only viable response technique. For these and other reasons, in situ burning is gaining attention and favor as a potential oil spill response technique.

    In situ burning must be evaluated in conjunction with other containment and cleanup alternatives. Specific spill conditions will often dictate the response techniques used and selection always involves tradeoffs. For example, a potentially ecologically damaging, but efficient, cleanup technique could be used to meet site-specific response goals. Also, techniques may be used early in response simply because they can be implemented immediately, rather than waiting until ones with lower impact can be mobilized. In situ burning, which might have a significant short-term impact, may actually produce the lowest long-term impact because it removes the oil quickly.

    This policy document contains the background information and guidance necessary to aid the Federal and State OSC, the appropriate RRT members, and Area Committees in their consideration of whether to allow the use of in situ burning as an oil spill countermeasure.

    Section I: RRT 5 Policy for Using In Situ Burning as an Oil Spill Response Tool

    RRT5 strongly recommends that in situ oil burning be considered as a means to avert potential oil spill impacts to the region's beaches, wetland environments, and Great Lakes and inland resources. In situ burning should augment, not replace, other oil spill response techniques such as mechanical removal or chemical countermeasures. Where and when appropriate, in situ burning can be used as a first-strike option for defensive purposes (e.g. open water burning and burning in ice conditions), and as a cleanup technique (e.g. burning of wetlands to remove spilled oil).

    Since the use of in situ burning is being encouraged, education of the public and the response community is also necessary to reduce misconceptions and anxieties. This should be accomplished by outreach to public forums and in the area planning/committee process.

    The RRT has adopted this policy applicable to spill responses under the direct oversight of a Federal On-Scene Coordinator (FOSC). This policy authorizes the FOSC to use in situ burning as a response countermeasure to an oil discharge when he or she believes it is appropriate after key members of the RRT have been consulted and concur. In some circumstances this policy is overridden by State laws and in the case of the use of burning agents during in situ burning by the NCP (40 CFR 300.910). To the extent that this policy applies, the following summarizes the appropriate situations where concurrence and consultation should take place:

    1. The requirements of this policy apply only to responses under the direct oversight of an FOSC, but its general application is strongly encouraged.

    2. The appropriate State's approval is always required. In Region 5, the use of in situ burning as a response tool will always be within State waters and inland areas and consequently be subject to State law and policy. When burning agents are used this is a requirement of the law (the NCP).

    3. The U.S. Environmental Protection Agency (U.S. EPA) must concur with the Federal OSC's recommendation to authorize the use of in situ burning. When burning agents are used this is a requirement of the law (the NCP).

    4. The Region 5 RRT has determined that the U.S. Department of Interior (DOI) must also concur with the decision to burn during a spill response overseen by a Federal OSC. The responsibility of concurrence is given to DOI because of its authorities, and potential assistance to the Federal OSC, regarding the Endangered Species Act and potential representation of Federally recognized Native American communities. Furthermore, DOI has significant responsibilities as a Federal natural resource trustee. Special Note on Notification: Once notified by the RRT Co-Chairs, DOI must develop its position on the burn in a limited time frame consistent with the incident-specific conditions and response limitations. Typically this would be on the order of hours. Significant efforts will be made to contact DOI; however, if no contact can be made within a reasonable time frame, a decision to burn will be made without DOI concurrence. The Co-Chairs will establish this incident-specific time frame and provide DOI with the spill information and Federal OSC justification for conducting the burn.

    5. As a natural resource trustee, the Department of Commerce (DOC/National Oceanic and Atmospheric Administration (NOAA) should be consulted when considering an in situ burn. Notification should be from the RRT Co-Chairs via the DOC RRT member.

    6. Native American community official(s) must be consulted on any decision to use in situ burning when a burn would reasonably be expected to impact those designated areas of Native American interests.

    7. Finally, this approval must also be in concert with Canadian Federal Government officials, adjoining States and/or provinces, and Local officials with approving jurisdictions, where deemed appropriate or necessary.

    Additionally, the NOAA Scientific Support Coordinator (SSC) should be contact to assist in the decision-making process.

    The use of in situ burning for response will follow the Region 5 approved guidelines and procedures established to allow the State and Federal On-Scene Coordinator the safe and effective use of this response tool. This includes, but is not limited to, the RRT 5 Cleanup Guidelines. An additional source of information about applicable habitats in which to conduct in situ burning can be found in the joint NOAA/American Petroleum Institute document, Options for Minimizing Environmental Impacts of Freshwater Spill Response.

    Authority

    Section 300.115 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) states that the RRT is responsible for regional planning and coordinating preparedness and response actions. The NCP further states, "...[The RRT] provides the appropriate regional mechanism for development and coordination of preparedness activities before a response action is taken and for coordination and advice to the OSC/RPM during such response actions..."

    Section 4201 of the Oil Pollution Act (OPA; P.L. 101-380) amended the Clean Water Act, which gives the general removal authority to "...ensure effective and immediate removal of a discharge, and mitigation ...of oil..." This same section requires the contents of the NCP to contain "...procedures ad techniques to be employed in identifying, containing, dispersing, and removing oil..."

    Finally Section 7001 of OPA supports the concept of developing innovative technologies that are effective "...in preventing or mitigating oil discharges and which protect the environment..."

    Section II: In Situ Burning as a Response Tool - An Overview

    Definition

    In situ burning, for the purposes of this guidance, is defined as the use of an ignition source to initiate the combustion of spilled oil that will burn due to its intrinsic properties and does not include the adding of a burning agent to sustain the burn.

    The use of in situ burning in these guidelines is not for disposal purposes; rather, it is a response technique to be employed when an oil slick is virtually uncontrolled with the potential to spread and contaminate additional areas. It is also considered as a cleanup technique for oiled shoreline habitats such as wetlands, where it is used in conjunction with other cleanup methods.

    Potential Effectiveness

    Although in situ burning is a relatively simple technique, its effectiveness can be limited by spill circumstances. Whether and how oil burns is the result of the interplay among a number of physical factors related to the oil itself and the extent to which the oil has been exposed to the environment. Critical factors--such as oil thickness, degree of weathering, and extent of emulsification--generally change with the passage of time, and the changes that occur make it more difficult to burn the oil. As a consequence, in situ burning is most easily and effectively implemented during the early stages of a spill.

    The efficiency of in situ burning is highly dependent on a number of physical factors. Test burns and actual spill situations suggest it can be very effective in removing large quantities of oil from the water. Burn efficiencies of 50 to 90 percent can be expected, making this response method more efficient than other methods. In comparison, mechanical removal (such as skimming) typically has an efficiency of 10 to 20 percent.

    In situ burning is most considered and tested with crude oil spills. However, its feasibility with other types of refined oil products (e.g., diesel and Bunker C fuel oil) has been demonstrated. Difficulties with establishing and maintaining necessary slick thicknesses (in the case of lighter oils) and ignition (for heavier oils) make in situ combustion a slightly less viable alternative for those materials than for crude oils. Additional information about effectiveness can be found in Part II - Technical and Informational Appendices.

    Relationship to Mechanical and Other Response Methods

    Spill prevention is the first line of defense in spill response planning; however, acceptance of the probability hat a spill can and will occur is essential to successful preparedness. Burning will be considered as a possible response option only when mechanical containment and recovery response methods are incapable of controlling the spill alone.

    While physical containment and mechanical removal of spilled oil is the primary objective of any response, prudent planning dictates the consideration of alternative countermeasures.

    By-products of In Situ Burning

    By-products of in situ burning exist because no combustion is completely efficient in oxidizing a given source material. Besides the normal results of burning, CO2, H2O, and an assortment of other sulfur and nitrogen residues, a wide range of intermediate combustion products are generated. Although the exact mix of burn residues varies, by-products can be categorized into three groups: unburned oil, airborne components, and combustion residues. Each of these is discussed in greater detail in Part II of this guidance document.

    Section III: Safety and Human Health Considerations of In Situ Burning

    Safety of Response Personnel

    The safety of personnel during both ignition and burn phases of large amounts of combustible liquids on the surface of the water presents some unique safety concerns for workers and response personnel. Many of these concerns are addressed in greater detail in operationally oriented references and include, but are not limited to, the following:

    Response personnel working in close proximity to the burn may be exposed to levels of gases and particulates that may require the use of personal protective equipment. Training for burn personnel should include proper use of personnel protective equipment which may be used to minimize inhalation of, and skin contact with, combustion by-products. Exposure limits such as OSHA's Permissible Exposure Limits (PELs) are applicable to this group of typically healthy adults.

    Other hazards can include the exposure of personnel to extreme heat conditions, smoke, and fumes; and working under time constraints or for extended periods of time. Personnel involved with burning operations must be well briefed on the plan of operations, with safety stressed, and must be notified of all changes from the approved burn plan. The need for burning must be constantly evaluated and should be reconsidered if conditions (e.g., weather, operations, equipment) pose a threat or danger to human health and safety, or facilities. As more knowledge is gained from burning, it is most likely that additional safety concerns will be identified.

    General Public Health Considerations

    Burning oil produces a visible smoke plume containing smoke particulates, combustion gases, unburned hydrocarbons, residue left at the burn site, and other products of combustion. It also results in the evaporation and release of volatile compounds from the oil. Public health concerns relate to the chemical content of the smoke plume and the downwind deposition of particulates. It should be noted that not burning an oil spill also introduces its own air quality concerns. Analysis of the physical behavior of spilled oil has shown that 50 percent of a light crude oil spill can evaporate fairly readily, and it is the acutely toxic lighter fractions of a crude oil mix that quickly move into the atmosphere.

    Results of recent burn tests indicate that in situ burning does not yield significant emissions above those expected for similar types of combustion such as forest fires. Many human health experts believe that the most significant human health risk resulting from in situ burning is inhalation of the fine particulate material that is a major constituent of the smoke produced. An early assessment of health concerns attributable to the Kuwaiti oil fires identified the less than 10-micron particulate matter as representing the greatest health hazard in that situation. The extent to which these particles present a health risk during an in situ burn depends on the concentration and duration of the exposure. It is important to remember that particulates in these concentrations are so small that they do not settle readily. They will be carried by the prevailing wind over large distances, over which their concentrations will rapidly decline.

    Polynuclear aromatic hydrocarbons (PAHs) are a group of hydrocarbons produced during in situ burning. They are found in oil and oil smoke, where their relative concentration in the latter tend to be higher than in the oil itself. Possible carcinogenicity of some members make this group a serious health concern, although it is generally long-term exposure to the higher molecular-weight PAHs that is the basis for concern. Sulfur dioxide (SO2) and nitrogen dioxide (NO2) are eye and respiratory tract irritants that are produced by oil combustion. Concentrations of PAHs decline downwind as smoke from the fire is diluted by clean air. The concentrations of other by-products of burning oil (i.e., combustible gases) also decline downwind.

    Burning should not be allowed if downwind human populations are at risk. The downwind extent of human risk has not been empirically determined, although it its an area of very active research. There are no exposure standards for respirable particles generated by a burn that could be applied directly to determine safe downwind distances. Atmospheric dispersion models, if available for the specific area, could be utilized to help refine potential downwind exposures. If models are not available, whenever possible, a small pilot burn could be conducted before a larger burn in order to gauge the effectiveness of the ambient conditions to disperse the smoke and gases resultant from the burned material. Because wind direction meanders under most circumstances, no population should be within a 45-degree arc to either side of the wind direction. Local wind and weather events (air stability class, lake breezes, and frontal passages, for example) must be considered when determining downwind directions. Additional information about worker and general public health and safety can be found in Part II - Technical and Informational Appendices.

    Public Notification

    Notification of the public of an impending burn is critical to the overall success of an in situ burn effort. The notification, coordinated through the joint information center, should focus on conveying the following messages:

    Public notification can be initiated through radio/TV broadcasts and broadcasts to mariners. If necessary, Local government and State emergency service personnel with access to established public warning systems and authority to use them can facilitate this notification.

    Materials to educate the public and media about burning, its risks, and tradeoffs with other countermeasures, should be developed ahead of time and available for dissemination during the burn. This material would cover the tradeoffs involved in choosing response countermeasures, and relate the risks of in situ burning to better known risks (e.g., forest fires). Distribution of this information can be though the agencies' public affairs offices prior to a spill and through a joint information center established during a spill.

    Section IV: Ecological Considerations of In Situ Burning

    Open Water In Situ Burning

    Potential ecological impacts of open water in situ burning have not been extensively discussed or studied. Conclusions are based on documented physical effects observed in the laboratory and at limited test burns.

    The surface area affected by in situ burning is likely to be small relative to the total surface area and depth of a given body of water. This does not necessarily preclude adverse ecological impacts, particularly if rare or sensitive species use the waters in question. Organisms that may be affected by in situ burning include those that use the uppermost layers of the water column, those that might come into contact with residual material, and possibly some benthic (bottom-dwelling) plants and animals.

    Direct Temperature Effects

    Burning oil on the surface of the water could adversely affect those organisms at or near the interface between oil and water, although the area affected would presumably be relatively small. Observations during large-scale burns using towed containment boom did not indicate a temperature impact on surface waters. Thermocouple probes known to be in the water during the Newfoundland burn showed no increase in water temperatures during the burn (NOBE Facts, January 1994). It appears that the length of time the burning layer resides over a given water surface may be too brief to change the temperature due to the fact that the ambient-temperature water is continually being supplied below the oil layer as the boom is towed.

    Surface Microlayer

    In Situ Burning in Wetland Habitats

    There are few studies on the relative effects of burning oiled wetlands compared to other techniques or natural recovery and most of the experience is derived from estuarine habitats. However, in situ burning in wetlands can be effective since it can remove a large quantity of oil with a minimum of physical disturbance. The type of wetland vegetation and the season of the year, along with many other factors, will dictate whether burning is feasible in a particular wetland.

    Refuge managers have historically conducted prescribed burns of wetlands to rejuvenate wetlands that have accumulated high litter loads, generate green vegetation or open spaces to attract wildlife, release nutrients for recycling, and to restore habitats in areas that were historically subject to frequent wildfires to their natural conditions. The presence of oil in a wetland may have two important effects: the high Btu of the oil may increase the temperature and heat penetration of the burn, and there is often an oil residue which can cause toxicity. However, the experiences of fire ecologists and practitioners can greatly contribute to the development of guidelines for burning wetlands as a spill response strategy. Guidance is being developed for specific types of wetlands such as:

    For now, based on discussions with refuge staff with fire management duties, the following general considerations for use were developed:

    A summary of published case studies, where the burning of marshes was used as a response tool, is in Part II of this document.

    Environmental Toxicological Considerations

    Although many studies to define the physical and chemical characteristics that result from in situ burning have been performed, there has been little research on potential ecological effects. To address some of these information shortfalls, Environment Canada coordinated a series of studies to determine if in situ burning resulted in water column toxicity beyond that attributable to allowing the slick to remain on the surface of the water. While these studies centered on the Newfoundland in situ burn field trials conducted in August 1993, they also included laboratory tests to investigate potential effects in a more controlled environment.

    Toxic effects were evaluated using three standard marine test organisms: sand dollar, oyster, and fish. In both the laboratory and the field experiments, sensitive toxic endpoints in these organisms were studied in the three situations of no oil, no burning; oil on water, no burning; and oil on water, burned. Results from the laboratory and field studies indicated that although toxicity increased in water samples collected below burning oil on water, this increase was generally no greater than that caused by the presence of an unburned slick on water. Chemical analyses performed in conjunction with the biological tests reflected low hydrocarbon levels in the water samples. In addition to water column samples, the residues remaining after the laboratory and Newfoundland field burns will be subjected to aquatic toxicity testing.

    Beyond the direct impacts caused by high temperatures, the by-products of in situ burning may be toxicologically significant. Although analysis of water samples collected from the upper 20 cm of the water column immediately following a burn of crude oil yielded relatively low concentrations of total petroleum hydrocarbons (1.5 ppm), compounds that have low water solubility or that associate with floatable particulate material tend to concentrate at the air-water interface (U.S. EPA 1986). Strand and Andren (1980) noted that aromatic hydrocarbons in aerosols originate from combustion associated with human activities, and that these compounds accumulate in the surface microlayer until absorption and sedimentation remove them.

    Burn residues could be ingested by fish, birds, mammals, and other organisms, and may also be a source for fouling of gills, feathers, and fur. However, these impacts would be expected to be much less severe than those manifested through exposure to a large, uncontained oil spill. Contamination is likely to be local in scale, affecting certain unique populations and organisms that use surface layers of the water column at certain times to spawn or feed. In crafting an effective and protective response strategy, these effects should be weighed against effects resulting from alternative actions.

    Section V: Operational Considerations for Conducting In Situ Burning

    Open Water Burning

    An open-water in situ burning technique most likely to be used would involve the use of boats towing fire-resistant booms that could be used to contain the spilled oil and keep it from spreading. The boom, attached to the boats by towing lines, would be towed such that it forms a "U" shape. The open end of the U is maneuvered through the oil slick, and a "boomfull" of oil is collected. The boom is towed away from the main slick and the oil is ignited. During the burning, the boom is pulled in such a way as to slowly advance ahead to ensure that the oil is concentrated at the back end of the boom and to maintain maximum thickness. A burn can be terminated by letting the oil layer thin out by releasing one end of the boom. After the oil is consumed, the process is repeated. Other techniques may include containing the oil continuously spilling from a burning oil rig, or placing fire boom around a tanker that caught fire.

    Burning in Other Inland Environments

    Although it is widely held that in situ burning does take place in the inland zone, little technical information exists on techniques and impacts of burning in environments other than open water. In most cases, these involve burning in ice conditions and in wetlands and the results are varied and anecdotal.

    In Situ Burning in Ice/Winter Conditions

    Containment is almost always required to maintain the minimum 2- to 3-cm thickness necessary to burn oil. Ice edges can act as natural barriers, and as long as the oil is of sufficient thickness, combustion is possible. However, wind and/or low currents may be necessary to herd the oil into sufficient thickness along the edge. Oil trapped under the ice may also accumulate in sufficient thicknesses along leads in broken ice, resulting in favorable conditions for burning. Test burns in a 1986 Esso wave basin showed burning efficiencies of up to 90% where moderate winds herded the oil into long narrow leads. Burning in other lead geometries and along brash ice resulted in less efficient burns. Arctic studies have also shown that it is possible to ignite and burn fresh, weathered, and emulsified oil at temperatures as low as -35 degrees Celsius. It is important to note that an in situ burn in broken ice is not easily extinguished once ignited.

    Burning oil in snow conditions is similar to burning oil on water since as the snow melts during the burn it can form a meltwater pool upon which the oil continues to burn. Certain conditions such as wind, snow properties, and concentration of the oil in the snow all can impact the success of the burn. Burn efficiencies of 90 to 99% have been shown during field studies and actual spills. Oil/snow mixtures of up to 75% can be ignited with a diesel or gasoline-soaked rag (from Detection of oil in Ice and Burning Oil Spills in Winter Conditions, PROSCARAC, Inc., March 1992).

    In Situ Burning in Wetlands and Marshes

    Based on very limited data on effectiveness and effects of burning on oiled marshes, the following guidelines are suggested:

    Fire Resistant Boom

    The application of in situ burning requires the physical collection and containment of oil to maximize the efficiency of the burning process and to provide a means to control the burn. Generally, this is accomplished by the use of a fire boom or some type of fire resistant containment. If fire boom or other fire containment device is not available and/or the equipment to deploy the boom is unavailable or inadequate, approval for use of in situ burning may be denied. Further information on the efficacy of fire-resistant boom can be found in Part II - Technical and Informational Appendices.

    Ignition

    Heavy oils require longer heating times and a hotter flame to ignite compared to lighter oils. Many ignition sources can supply sufficient heat. These include pyrotechnic igniters, laser ignition systems, and aerial ignition systems. Pyrotechnic devices have been successfully used to ignite floating oil slicks under a range of environmental conditions. Disadvantages to their use are associated with safety, shelf life, availability, speed of deployment, and cost (Spiltec, 1987). Laser ignition, while a promising technique, remains experimental in nature with drawbacks associated with difficulties in beam focusing from the air, wind effects during oil preheating, energy requirements, and cost. Aerial ignition systems using gelled gasoline dropped from helicopters appear to be a more viable technique applicable in a range of environmental conditions. Whichever method is used, considerations of safety and efficiency must enter into the decision process. Further information on burn ignition can be found in Part II - Technical and Informational Appendices.

    Oil Thickness

    In general, oil slicks can be effectively burned if they are consistently 2 to 3 mm thick. This number can vary with oil viscosity and degree of weathering with more viscous and more weathered oils requiring a considerably thicker layer of oil (estimated to ne nearly 10 mm). Also, burn efficiencies increase as thickness of the slick increases. This consideration, therefore, implies that spilled oil must be contained by some means (fire resistant boom, ice, etc.) in order to prevent oil spreading and the resultant thinning of surface layers.

    Effects of Weathering

    Weathered oil requires a longer ignition time and higher ignition temperatures. However, igniting weathered oil is generally not a problem with most ignition sources because they have sufficient temperature and burn time to ignite most oils. Weathering, as it affects the ability to burn oil, is currently under study in laboratory and field experiments.

    Effects of Emulsification

    The effect of water content on oil ignition is believed to be similar to that of weathering, in that it decreases ignitability and combustibility. However, oil containing some water can be ignited and burned. The controlling factor in the combustion of emulsions is the removal of water, which is accomplished either through the boiling of the water out of the emulsion, or by breaking the emulsion thermally or chemically. The effect of emulsions on the ability to burn oil is currently under study in laboratory and field experiments.

    Unburned Oil and Solid Burn Residues

    Although in situ burning has the potential for removing a large proportion of the mass of an oil spill from the water surface, some of the source material will not be consumed and will remain as a concern. Similarly, combustion residues, described as stiff, taffy-like material, will remain after the burn. Provisions for the removal of these materials must be made as the potential exists for undefined levels of shoreline impacts even with a successful burn.

    Although sinking of burn residues has seldom been observed in test burns, a slight increase in density relative to the original oil has been observed. In the 1991 explosion and burning of the tanker Haven off Genoa, Italy, burn residues were thought to have sunk. Reliable estimates of the amount of oil actually burned were not possible, but the tanker was laden with 141,000 tons of Iranian heavy crude, and very little remained in the wreck following the accident and fire. It was reported that several surveys during 1991 confirmed that there was sunken oil offshore and along the coast. The sunken oil is now thought to have resulted from the extraordinary heating of the contained product inside the cargo holds of the vessel. This oil basically underwent a crude distillation, in which lighter components were driven off and a denser--and in this case, heavier than sea water--material remained.

    It should be emphasized that the circumstance specific to this situation should not be used as the basis for generalization in all burning scenarios.

    Section VI: Summary of Potential Tradeoffs Relevant to Burning

    As is the case with all response methods, the environmental tradeoffs associated with in situ burning are situation dependent and cannot be considered independently from operational tradeoffs. In situ burning can offer important advantages over other response methods in specific cases, and may not be advisable in others, depending on the overall mix of circumstances.

    Advantages

    Disadvantages

    Section VII: Monitoring

    The primary operational purpose in monitoring the burning of spilled oil is to determine whether burning requirements and objectives are met. Although the current body of knowledge about burning is limited, each operational use provides an opportunity to gather further information. Operational monitoring must occur during a response involving the use of in situ burning and must be accompanied by a detailed monitoring plan. More information regarding specific monitoring procedures and standards can be found in the Technical Appendices.

    Operational monitoring should include such parameters as:

    In an effort to gather more data about in situ burning, spill-of-opportunity research possibilities involving a broad range of physical, biological, and chemical issues, are encouraged. Research monitoring might involve:



    In Situ Burning of Oil as a Response Tool in Region 5:
    Guidance for Approving Proposals to Burn Oil

    Part II

    Prepared for Region 5 Regional Response Team by
    Countermeasures Workgroup, Region 5 Regional Response Team

    January 1996

    Appendix 1: Burn Efficiency

    The efficiency of an in situ burn is usually expressed as the percent reduction in original oil weight following combustion. Researchers have found that oil thickness, degree of weathering, and degree of emulsification are among the most important factors affecting the efficiency with which oil will burn. The interaction among these parameters will determine the amount oil that is actually removed from the surface o the water during a burn.

    Although the efficiency of in situ burning is highly dependent on a number of physical factors, test burns and applications in actual spill situations suggest that it can effectively remove ;large quantities of crude oil from the water. For example, Benner et al. (1990) found that 54 to 83 percent of an Alberta Sweet crude oil sample was burned in laboratory tests of in situ burning (the range in efficiencies correlated with oil layer thicknesses from 2 to 10 mm). Brown and Goodman (1986) measured burn efficiencies for Norman Wells crude in simulated ice floe conditions ranging from 67 to 90 percent (the higher efficiencies resulted when thicker layers of oil were burned).

    In 1989, a test burn in the first days of the Exxon Valdez spill in Prince William Sound, Alaska, burned approximately 15,000 to 30,000 gallons of Prudhoe Bay crude oil, at an estimated efficiency of 98 percent or better (Allen 1990; Evans et al. 1990).

    These removal efficiencies refer to the amount of oil burned once it is contained within a boom. It does not include the inefficiencies associated with collecting and containing the oil itself. Fingas et al. (1989) found that chemical dispersants could, in some cases, be very effective in removing crude oils from the water surface. They also determined that some oil-dispersant combinations had no effect. Solsberg et al. (1976) evaluated the effectiveness of seven skimmer-type oil recovery devices, and found a wide range of efficiencies in picking up spilled oil and in the amount of oil recovered relative to the amount of water recovered. With its consistently high efficiency in oil removal, in situ burning compares favorably with the best performances of these more familiar response techniques.

    In situ burning has been tested most often with crude oil spills. Its feasibility with other kinds of products (e.g., marine diesel fuel and Bunker C fuel) has also been demonstrated (Twardus 1980), although inherent characteristics of the non-crude oils make them less amenable to the technique. That is, in situ burning is more effective in removing crude oil than other types of oil because of difficulties in establishing and maintaining necessary slick thicknesses (in the case of lighter, lower-viscosity oils) and difficulties with ignition (for heavier, less volatile oils).

    A 1991 U.S. EPA summary noted the variant in burn efficiency with slick thickness: with a slick of 10 mm thickness, approximately 80 to 90 percent of the oil is burned; with a slick of 100 mm thickness, approximately 98 to 99 percent is burned (U.S. EPA 1991).

    Alyeska (1992) commented that the effects of emulsification on burn efficiency are similar to, but more pronounced than, those for weathering. Similarly, Buist (1989) determined that oil burning efficiency also declined with increasing emulsification as shown below. Similar results were obtained by Bech et al. (1992). These observations again imply that two separate ignitions may be necessary for efficient product removal when the oil has emulsified. The first ignition would vaporize water form the slick, while the second ignition (after collection of the oil to thicken it) would burn off the oil. During spills, burn efficiency will also depend on wind speed, currents and ability to deploy and maneuver equipment.

    Summary Table (Buist 1989)

    Type of Emulsion

    Burn Efficiency (percent)

    Unemulsified Hibernia Crude

    85 - 90

    25% water-in-oil

    70 - 80

    50% water-in-oil Hibernia B-27

    70 - 75

    75% water-in-oil Hibernia B-27

    5 - 35

    > 50% water-in-oil Hibernia C-96

    0

    Appendix 2: Airborne Components of In Situ Combustion

    Most of the oil in an in situ burn will be converted to carbon dioxide and water. Particulates, mostly soot, comprise 10 to 15 percent of the smoke plume. Small amounts of toxic gases are emitted as well. These include sulfur dioxide, nitrogen dioxide, and carbon monoxide. In addition, small amounts of polynuclear aromatic hydrocarbons (PAHs) are emitted from the fire, mostly as residues attached to the particulates. These combustion by-products are discussed below.

    Sulfur dioxide (SO2) is a gas formed when sulfur in the oil oxidizes during the combustion process. This gas is toxic and irritates the eyes and respiratory tract by forming sulfuric acid on these moist surfaces (Amdur 1986).

    The concentration of SO2 in the smoke plume depends on the sulfur content of the oil. Average SO2 level measured in experimental burns have been below 2 ppm in the plume 100 to 200 meters downwind of the burn (Fingas et al. 1993). Several miles downwind, sulfur dioxide from in situ burning is expected to be much below the level of concern for the general population.

    Table 1. Major in situ burning pollutants and their exposure standards

    Pollutant

    OSHA PEL*

    NAAQS

    SO2

    2 ppm

    0.14 ppm/24 hr

    NO2

    1 ppm

    0.05 ppm

    PAH

    0.2 (volatile)

    ---

    CO

    35 ppm

    9 ppm

    PM-10

    5 mg/m3

    0.15 mg/m3

    * Time-weighted average concentration over 8 hours

    Nitrogen dioxide (NO2) is another gaseous by-product of oil combustion. Like SO2, it is reactive, toxic, and a strong irritant to the eyes and respiratory tract. NO2 is less soluble that SO2 and therefore may reach the deep portions of the lungs (the critical gas exchange area of the lungs) so that even low concentrations may cause pulmonary edema, which may be delayed (Amdur 1986).

    Sampling results to date indicate that the concentration of nitrogen dioxide in the plume several miles downwind of the burn does not exceed several parts per billion. Therefore, it is not expected to pose a threat to the general public several miles downwind of the burn.

    Polynuclear aromatic hydrocarbons (PAHs) are a group of hydrocarbons characterized by multiple benzene rings attached together. These compounds have very low vapor pressures and are not very flammable (compared to other compounds found in crude oils). PAHs are found in the unburned oil as well as the smoke plume. Some PAHs are known or suspected to be carcinogens. Target organs may include the skin (from chronic skin contact with oils) or the lungs from inhalation of aerosol. Based on data from NOBE and previous burns, most PAHs are burned in the fire, and their concentration in the oil residue is higher than in the smoke plume. Considering the low level of PAHs detected in these past burns, it is felt that they present only a small exposure hazard.

    Carbon monoxide (CO) is a common by-product of incomplete combustion. The toxicity of CO is acute and stems from its high affinity to the hemoglobin molecule in red blood cells. CO will chemically displace oxygen from the blood and cause oxygen deprivation in the cells of the body. In experimental burns the average level of CO in the smoke plume over the duration of the burns (15 to 30 minutes) was found to be 1 to 5 ppm 150 meters downwind of the burns.

    Particulates in the smoke plume are considered by most health professionals to be the main combustion product to investigate and monitor. Therefore, particulates will be discussed in more detail.

    Particulates are small pieces of solid materials (dusts, soot, fumes) or liquid material (mists, fogs, sprays) that remain suspended in the air long enough to be inhaled. During in situ burning, elemental carbon (soot) and hydrocarbons are emitted. Since these particles absorb light to a high degree, the smoke plume is usually black.

    Particulate concentration is measured in several ways. A relatively accurate method involves sampling with an air pump that draws air through a filter. Depending on pore size, the filter may collect more than 99.9 percent of the particulates in the air. Real-time instruments that can measure particulate concentration at the time of measurement a\re also available; some are quite sensitive and accurate. They must be calibrated to the particulates of concern, and may be affected by other aerosols such as water vapor.

    Since 10 micrometers (m) in diameter is the size below which particulates may reach the deep portion of the lungs and become a burden on the respiratory system, most scientists tend to divide the particulate mass into "total" particulates, which include any size measurable, and "PM-10," which is the fraction of particulates smaller than 10 m in diameter.

    Particulate size also plays a crucial role in determining how long they will be suspended in the air. Larger particulates (tens of m in diameter) would precipitate rather quickly close to the burning site/ Smaller particulates (ranging from a fraction of a m to several m in diameter) would stay suspended in the air for a long time and be carried over long distances by the prevailing winds. Particulates small enough to be inhaled (PM-10) are also the ones to remain suspended. A practical implication is that if those particulates do not descend to ground level (where people are) they will not threaten the population downwind.

    For most people, exposure to inert respirable particulates may become a problem at high concentrations (several milligrams of particulates per cubic meter of air). However, sensitive individuals may develop respiratoryproblems at levels much lower than that. Several recent studies (Schwartz 1992; Pope et al. 1992; Dockery et al. 1992) suggest that there is a correlation between particulate concentration in the air and daily mortality. these studies used measurements of air pollution and matched them to mortality and morbidity data in several cities in the U.S.: Philadelphia, Detroit, Provo, and Birmingham, Alabama. Higher levels of PM-10 were associated with increase in daily morbidity and mortality, especially among older people and people with allergies, respiratory problems, and cardiovascular diseases. An increase of 100 g/m3 of the measured daily particulate level was associated with 6 percent increase in mortality (Schwartz 1992). The biological mechanism has not been determined, but the possibility of such a correlation should dictate that in situ burning be conducted only when it does not pose a hazard to human health, and exposure to particulates should not exceed the applicable Federal or State standard.

    Sampling conducted so far indicates that the populations downwind and even response personnel will be exposed to very low levels of gases and particulates. In the recent experimental in situ burn off the coast of Newfoundland, many particulates were tagged with sampling badges to assess their exposure to volatile organic compounds (VOCs). Initial analysis of those badges indicates that exposures in most cases were below the level of detection (LOD=0.001 mg per sample). The few detected VOC "hits" could be traced to fuel and solvents on the vessels rather that VOCs from the spilled or burning oil (Bowes 1994). Similarly, the level of respirable particulates (PM-10) was monitored by a University of Washington research aircraft. While concentration of PM-10 at or above 150 micrograms per cubic meters (g/m3) of air extended to a distance of approximately 6 miles in the plume itself, PM-10 concentration beneath the plume, 150 to 200 feet above the surface, did not exceed background levels of 30 to 40 g/m3 (Ferek personal communication). These data agreed well with previous measurements done in test burns in Mobile Bay, Alabama.