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52 Cards in this Set

  • Front
  • Back

FWPCA

Federal Water Pollution Control Act of 1972


Goal: To attain a "safe" water quality level & to eliminate all water pollution by 1985.




-Prohibited the discharge of oil & hazardous substances in harmful quantities into the navigable waterways of the U.S.


-Created the National Contingency Plan.


-Established the National Strike Force.




Ref: FOSCR Student Guide Pg. 1-4

CWA
The Clean Water Act of 1977

Amended the FWPCA




-Defined harmful quantity


-Defined reportable quantity


-Created the 311(k) Fund. The fund was the first federal government pollution response and cleanup fund.


-Created the National Response Center (NRC).


-Created the Pollution Prevention Regulations contained in 33 CFRParts 151, 154, 155, and 156; and 46 CFR Parts 31, 35, and 112.




Ref: FOSCR Student Guide Pg. 1-4

OPA 90

-Created the OSLTF

-Required Responsible Party to initiate response to discharge of oil.

-Required Response Plans from oil terminals and tank vessels


-Required the Federal Government to direct all public and private responses for certain spill types


-Required double hulls for tank vessels by 2015.


-Area Committees consisting of federal, state, and local officials are tasked with the development of location specific Area Contingency Plans.


Ref: FOSCR Student Guide Pg. 1-5

PTSA 78

Port & Tanker Safety Act of 78




-Authorized COTP Orders to direct vessel (33 CFR 160.111).


-Required redundant steering systems.


-Established Navigation Safety Equipment requirements (33 CFR 164).


-Tanker Ballasting Requirements (MARPOL I).




Ref: FOSCR Student Guide Pg. 1-5

CERCLA

Comprehensive Environmental Response, Compensation, and Liability Act


-CERCLA enabledrevisions of the NCP & gave the gov. the ability to respond to& clean-up haz waste sites & spills.


-Est. prohibitions & requirements for closed & abandoned haz waste sites.


-Provided for liability for releases of haz waste at these sites.


-Est. a trust fund cleanup when no responsible party was found.


-Required the spiller to report and clean-up spills that met the RQ.




CERCLA authorizes two types of response actions:


-Short-term: removals for releases or threatened releases requiring prompt response.


-Long-term: Remedial response actions, permanently and significantly reduce dangers of releases or threats or releases of hazsub that are not immediately life threatening.


-Created a $1.6 billion "superfund"


-Established the National Priorities List (NPL)


Ref: FOSCR Student Guide Pg. 1-6

SARA

Superfund Amendment and Reauthorization Act


-Raised the limit on removal costs to $2 mil & time on removal actions to 1 yr.


-Authorized the EPA to reimburse local govs. for costs incurred.


- Mandated that haz-waste sites removal projects must comply with RCRA.


-Required the Sect. of Labor to est. safety provisions foremployees during haz-waste ops.




Ref: FOSCR Student Guide Pg. 1-7

RCRA

Resource Conservation and Recovery Act


The Hazardous Waste Program (RCRA Subtitle C) establishes a systemfor controlling hazardous waste from the time it is generated until itsultimate disposal-and effects from “cradle to grave.”


Ref: FOSCR Student Guide Pg. 1-7

Identify the 4 general priorities of the NCP and their purpose.

1. To give safety and human health top priority during every response action.


2. To stabilize the situation in order to prevent the event from worsening.


3. To use all necessary containment and removal tactics in a coordinated manner to ensure timely, effective response.


4. To take action to minimize adverse env. impact as soon as discharge occurs & further impact from additional discharges.


Ref: 40CFR300.317




Purpose - The NCP’s purpose to provide organizational structure & procedures for responding to discharges of oil & releases of hazsubs.


Ref: 40CFR300.1


FOSCR Student Guide Pg. 1-13

Describe the authority a qualified FOSCR has under the NCP. FWPCA

FWPCA Delegations (33CFR1.01-80)


- Removing or arranging for the removal of a discharge and mitigating or preventing an imminent & substantial threat of a discharge at any time.


- Directing or monitoring all federal, state and private actions to remove a discharge, including issuance of orders.


- Determining whether a discharge or a substantial threat ofa discharge of oil or a hazsub is of such a size orcharacter as to be a substantial threat &, if itis, directing all Federal, State, & private actions to removethe discharge or to mitigate or prevent the threatened discharge.

Describe the authority a qualified FOSCR has under the NCP. CERCLA

CERCLA Delegations (33CFR1.01-70)


- Remove/arrange removal of releases & threatened releases of hazsubs, & pollutants/contaminants presenting imminent & substantial danger


- To take such steps to reduce exposure that presents a significant risk to human health & to eliminate or substantially mitigate it


-To issue orders to protect public health & welfare & environment whenever that official determines a release or threatened release of hazsub from a facility may present an imminent & substantial endangerment to the public health/welfare or the environment. (Commissioned Officers only)


-to enter establishments or other places where hazsubs are or have been generated, stored, treated, disposed of, or transported from to inspect and obtain records, reports, samples and information in support of the response functions


-to enter into an agreement with any person (including the owner or operator of the vessel or facility from which a release or substantial threat of release emanates, or any other potential responsible person), to perform any response action, provided that such action will be done properly by such person.


How many ESFs are with in the NRF?

15 total


ESF#1 - Transportation


ESF#2 – Communications


ESF#3 – Public Works and Engineering


ESF#4 – Firefighting


ESF#5 – Emergency Management


ESF#6 – Mass Care, Emergency Assistance, Housing, and Human Services


ESF #7 – Logistics Management and Resource Support


ESF #8 – Public Health and Medical Services (PHMS): the primary agency responsible for PHMS is the Dept. of Health and Human Services (HHS).


ESF #9 – Search and Rescue


ESF #10 – Oil and Hazardous Materials Response


ESF #11 – Agriculture and Natural Resources


ESF #12 – Energy


ESF #13 – Public Safety and Security


ESF #14 – Long-Term Community Recovery


ESF#15 – External Affairs

What ESFs has the Coast Guard has beenidentified as having a primary or support role in?

ESF#1 - Use of CG assets and resources in repair and recovery of transportation system.


ESF#3 - CG may be called upon to coordinate removal of obstructions hazardous to navig.


ESF#4 - CG provides support for marine fire fighting incidents.


ESF#8 - DHS thru ESF1 uses CG to provide urgent airlift and other transport support.


ESF#9 - CG assists in water rescue.


ESF#10 - CG Responds to Oil/Hazmat


ESF#13 - CG provides support thru provisions of PWSA/MTSA.

Identify the On-Scene Coordinator's Primary Responsibilities.

-40CFR300.120(a) Directs response efforts & coordinates all other efforts.




-40CFR300.120(h)(2) Ensure that persons designated to act as reps are adequately trained & prepared to carry out actions under the NCP.




-40CFR300.120(e) Coordinate, direct and review the work of other agencies, Area committee members and contractors to ensure compliance with NCP and other plans applicable to response.

Identify notification requirements outlined in the NCP.

-NRC acts as the single point of reporting for all pollution incidents.


Ref: 40CFR300.125


-FOSCR must notify the NSFCC in the event of a worst case discharge


Ref: 40CFR300.324

Identify the four phases of an oil spill incident.

Phase I - Discovery & Notification


Phase II - Prelim assmnt & Initiation of Action


Phase III - Cntmt, Ctrmsrs, Cleanup & Disposal


Phase IV - Documentation & Cost Recovery




Ref: 40CFR300 Subpart D

Identify phases of a hazardous substance incident.

Phase I - Discovery & Notification


Phase II - Removal Site Evaluation


Phase III - Removal Action


Phase IV- Remedial Site Evaluation


Phase V - Establishing Remedial Priorities


Phase VI - Remedial Investigation


Phase VII - Remedial Action


Phase VIII - Procedures for planning and Implementing off-site Response Actions.




Ref: 400CFR300 Subpart E

Identify source of FOSCR authority

- NCP - 40CFR300


- CERCLA Delegations - 33CFR1.01-70


- FWPCA Delegations - 33CFR1.01-80


- Redelegation - 33CFR1.01-85 & 01-90





Identify source of COTP authority

- Magnuson Act & E.O. 10173


- Ports & Waterways Safety Act


- 33CFR6 - Super 6


- 33CFR160 - Control of Vessel & Fac Operations




Ref: CGTTP3-71.3 COTP Orders

Safety Zones & Flight Restriction Zones

Limited Access Areas


Safety: Protecting from what's inside the zone.


Security: Protecting from what's outside the zone, usually with armed personnel.


How used:


a. Notice to public via published regulation or federal register as a final rule. BNM, Physical resources.


Procedures for obtaining:


b. Require COTP approval.


c. Flight Res required FAA approval.

Special Teams


National Strike Force



National Strike Force Coordination Center


-Atlantic Strike Team


-Gulf Strike Team


-Pacific Strike Team


-Public Information Assist Team


-Incident Management Assist Team

Special Teams


Scientific Support Coordinator

SSC will provide trajectory and utilize oceanographers and other specialists to compile data regarding travel, duration and effects of oil/Hazsub in the environment.

Special Teams


Environmental Response Team

ERT-EPA provides specialists trained in treatment technology, biology, chemistry, hydrology, geology and engineering.

Special Teams


Navy Supervisor of Salvage

SUPSALV- Knowledge and expertise to support extensive salvage, search, recovery and they come with equipment needed for the job.

Specials Teams


National Response Center

NRC- Coordination Center for notification of pollution incidents.

Roles/Responsibilities during spill/release


Department of Health and Human Services (HHS)

HHS-


-Assessment, preservation and protection of human health


-Ensures the availability of essential human services.

Roles/Responsibilities


Agency for Toxic Substances and Disease Registry (ATSDR)

ATSDR


-Primary response to a hazmat emergency


-Both ATSDR & CDC have a 24hr response capability.


- CDC for oil discharge


- ATSDR for Chemical release under CERCLA


-

Roles/Responsibilities


NOAA Sanctuary Manager

-Manages the National Marine Sanctuary ecosystems.


-Provides Expertise on Living Marine Resources (LMR) and their habitats, including endangered species and marine mammals.

Roles/Responsibilities


Bureau of Safety and Environmental Enforcement

BSEE


-Provides oversight of offshore oil and gas exploration and production facilities, associated pipeline facilities


-Oil Spill response technology research


-Establishing oil discharge contingency planning requirements for offshore facilities.

Roles/Responsibilities


Army Corps of Engineers

ACOE


-Equipment and personnel for maintaining navigation channels, removing navigation obstructions, structural repairs and performing maintenance to hydropower electric generating equipment.

Roles/Responsibilities


Environmental Protection Agency

EPA


-Provide OSC for inland discharges/releases


-Provides SSC for inland zone


-Provides expertise on human health and ecological effects of discharges /releases.


-Ecological/Human health risk assement methods


-Environmental pollution control techniques.

Roles/Responsibilities


State On-scene Coordinator

SOSC


Designated to represent the state on the appropriate Regional Response Team (RRT).


400CFR300.180

Roles/Responsibilities


Trustee

Trustee-


-Official of a federal natural resources management agency designated in subpart G of the NCP


-A designated state official or Indian Tribe


-A foreign government official who may pursue claims for damages under section 107(f) of CERCLA or section 1006 of the OPA.


Examples of Trustees: Natural Resources including their supporting ecosystems, within the boundary of a state or belonging to, managed by, controlled by, or appertaining to such state.


-Indian Tribe Trustees- Natural Resources managed by particular Indian Tribe.


Secretary of Commerce


Secretary of the Interior


State Trustees -

Responsibilities/Authorities


Regional Response Team

List of RRT Members:


Federal: NRC, Forest Service, NOAA, DOD, ACOE, DOE, FEMA, HHS, USCG, EPA, OSHA


State: DEP, FWC, SERT & Additional local agencies and Indian Tribes.



Agency Jurisdiction: Coast Guard

- Actual or threatened discharges or releases in the Coastal zone.


- Initial response only for haz-waste facilities ini coastal zone. Transition to EPA or state lead of remedial action is required.




Ref: 40CFR300 120 (a) & (b)

Agency Jurisdiction: EPA

- Actual or threatened discharges or releases in the Inland zone.


- Federally funded remedial actions, except if state-lead.


- All remedial actions at NPL sites in the coastal zone.




Ref: 40CFR300 120 (a) & (b)

Agency Jurisdiction: DOD & DOE

- All haz-subs, pollutants, or contaminants for their facilities, vessels, etc.




- Other agencies must provide OSCs for all removal actions that are not emergencies and RPMs for all remedial actions.




Ref: 40CFR300 120 (c) & (d)

Responsibilities & Authorities of the Regional Response Team

- Response


- Planning


- Training


- Coordination

MIPR

Military Interdepartmental Purchase Request

PRFA

Pollution Removal Funding Authorization

OSLTF - Total Fund (Per Incident)

$1 billion per incident or balance of the OSLTF whichever is less.

OSLTF - Emergency Fund

$50 million - Annually w/ potential for an advance of $ 100 million.




Used for: Removal activities and initiation of NRDA.





OSLTF - Principal Fund

Remaining balance of the fund after the E-Fund.




Used for:


Payment of claims for uncompensated removal costs and damages.


Up $500 million or balance of the fund whichever is less.

State Access to OSLTF is limited to:

$250k per incident.

FOSC/R's can access OSLTF for up to how much?

Up to $500k via CANAPS, requests for more must be approved by NPFC case officer.

The FOSC/R is limited to issuing ATPs for how much?

$50k and must contact DOL92 (SILC) within 24hrs of issuing the ATP.

The FOSC/R is not responsible for tracking which activities:

- Claims


- NRDA


- Consultation Activities




But must be aware of and monitor these activities to ensure a coordinated response and efficient use of resources.

OSROs w/ BOAs in MSD Lafayette AOR:

- ES&H


- AMPOL


- Oil Mop




Other OSROs with BOAs can be referenced on DOL92's list of BOAs in effect.

EPA RPMs access to OSLTF are initially limited to what:

$250K

FOSC/R Access to CERCLA Funds are initially limited to what:
$25K, for additional funding contact NPFC.

FOSC/R to CERCLA access constraints:


- funds up to $250k or more require what:



A CERCLA Action Memo (see MER Manual for guidance)

CERCLA limits emergency removal actions to what:

1 yr & $2 mil, unless approved by the EPA.




Responses over 1 yr & $2 mil are considered remedial projects.

FOSC/R to CERCLA access constraints: - Removal funds up to $249K require what?

Documenting a finding of imminent & substantial endangerment (Polrep One, MER Man for specifics).




CANAPS May be used for funds less than $250k.