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109 Cards in this Set

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Where does our jurisdiction come from?
33 CFR Part 2
All navigable waters of the U.S. including territorial seas.
What was the first Pollution Law? Date?
Refuse Act 1899
Define discharge and release.
DISCHARGE: includes but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping (40 CFR 109.2)
RELEASE: any "discharge" or disposal into the environment, including the abandoment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance, pollutant or contaminant. (40 CFR 302.3
Who may be considered a Responsible Party?
Any owner, operator, or person in charge of any Vessel, onshore facility, or offshore facility—
from which oil or a hazardous substance is discharged in violation of paragraph (3), or
who fails or refuses to comply with any regulation issued under subsection (j) of this section (33 USC 1321 B(6) )
Define navigable waterway.
33 CFR 2.36 Territorial seas, internal waters subject and not subject to tidal influence.
Where can our jurisdictional boundaries be found?
ACP; 33 CFR 3.05-20
If you are responding to a spill in the EPA boundary and EPA is not on scene, who is responsible for the incident?
First on-scene
What spills would require minimum CG involvment and how are those handled?
Initial response to any incident is a least 02 personnel with one qualified PI.
According to the ACP, would we respond to spills outside our zone?
"The procedure for determining the lead agency is clearly defined so there is no confusion about who is in charge during a response." It may be appropriate to assume a request for assistance from the EPA would allow us to respond outside of our zone.
Procedures for entry into/onto private property.
MSM VI, Chapter 7
Non-emergency conditions:
no authority to enter without owner's permission.
Describe the various types of Marine Casualties.
46 CFR 4.03-1
Man overboard, injury, loss of life.
grounding, stranding, foundering, flooding, collision, allision, explosion, fire, loss of steering, electrical power or propulsion, inability to operate, impairment of vessel seaworthiness, significant harm to environment
also see 46 CFR 4.05-1
What document tracks "cradle to the grave"?
Hazardous Waste Manifest
40 CFR 262
What is the difference between inland and coastal spills?
Size Classes of discharges
Define inland and coastal minor, medium, and major spills
COASTAL 40 CFR 300.5
Minor: <10,000 Medium:10,000-100,000
Major: >100,000

INLAND
Minor: <1,000
Medium: 1,000-10,000
Major: >10,000
What are LOUs?
assures payment of a penalty or fine. MSM vol II
Name the five annexes of MARPOL.
I Oil
II NLS
III Harmful substances in
packaged form
IV Sewage (not for U.S.)
V Garbage
What U.S. law adopted MARPOL?
A.P.P.S
Act to Prevent Pollution from Ships
What is the USC site for FWPCA?
33 USC 1321(b)(3)
What two occurences constitue a criminal violation?
1. Knowingly/intentional discharges 2. fails to notify
What is the CFR site for notification requirements?
33 CFR 153.203
What is the definition of coastal waters?
33 CFR 153.103
And **those waters where the Coast Guard has the responsibility for providing
On-Scene Coordinators under the National Contingency Plan. View RCP/ACP for specific boundary lines
What are the five elements of a violation under FWPCA?
1. Discharge of oil or release of hazardous substance
2. in harmful or reportable quantity
3. into or upon navigable water
4. from a source
5 with a responsible party
What is the definition of harmful quantity?
40 CFR 110.3
Causes a sheen, discoloration, film, on the waterway or an emulsion or sludge beneath water surface.
What is the definition of a navigable waterway?
33 CFR 2.36
territorial seas, internal waters, and waters subject to ebb and tide which, past or current, are used for interstate or foreign commerce
Where can the Coast Guard regulated list of oils be found?
applicability in 40 CFR 112
list is on Homeport
What are the size classes for release of hazardous substances?
(1) Minor release that
poses minimal threat to public health or the environment.
(2) Medium release not meeting the criteria for classification as a minor or major release.
(3) Major release poses a substantial threat
to public health or the environment or results in significant public concern.
What are the levels of PPE?
Levels D-A (each level up includes all items from previous level)
D. minimum items necessary to respond.
C. All of D plus aFull-face or half-mask, air purifying respirators (NIOSH approved).
B. full-face SCBA and Hooded chemical-resistant clothing
A. fully encapsulating suit
Under what conditions do the levels of PPE change?
From D to C: when there is no threat of splash and Air contaminants have been identified and measured
and can be removed by an air-purifying respirator.
From C to B: The highest level of respiratory protection is necessary but a lesser level of skin protection is needed; splash protection.
From B to A: The hazard is identified as one that requires the highest level of protection for skin, eyes, and respiratory system.
What is the Commandant's Policy on Benzene exposure?
Policy is being changed to zero exposure permitted. NIOSH recommends less than .1ppm
How many gallons of oil are in a barrel and a drum?
42gals per barrel
55gals per drum
When is a PI required to contact an IO?
for any marine casualty
Who can retract a transfer suspension order?
COTP only
Who develops a site safety plan and where are the regulations?
The OSC is responsible for ensuring a site safety plan (created by Safety Officer) is in place IAW 29 CFR 1910.120
What is the difference between circumstantial and direct evidence?
Direct evidence proves (without reasoning) the source of a discharge. Circumstantial evidence proves a preponderance of evidence or a likelihood of a source.
What are the contents of a site safety plan?
* hazard analysis
* employee training assignment
* PPE requirements
* medical surveillance
* air and personnel monitoring and environmental sampling
* site control measures
* decontamination procedures
* an emergency response plan
* confined space entry procedures
* a spill containment program
Where does our jurisdiction come from?
33 CFR 2.20 Subpart B
What are the procedures for entry onto private property?
* emergency conditions: to locate, stabilize or secure source of discharge
* every attempt to locate owner must be made
* chain of command and local authorities shall be informed
* documentation of property before and after entrance
* never leave unlocked property unattended
Explain a COFR.
* monetary means for a vessel to pay for the cleanup ad damages of pollution incident
* apply thru NPFC
* 33 CFR 138 Subpart A
What is Limits of Liability?
this section details the amount a vessel or deepwater port is liable to pay during a pollution incident.
* 33 CFR 138 Subpart B
What are notification requirements?
* 33 CFR 153 Subpart B and 40 CFR 300.125
requires the PIC of any vessel or facility to notify the NRC of any oil discharge or release of hazardous substance.
contents of the report can be found in 33 CFR 135
What is the next step after an LOW is refused?
Moves up to a class I civil penalty case
What is the difference between an Admin order and a COTP order?
An Admin Order details specific directives for an RP to follow and can only be issued during a pollution incident. A COTP order controls the movement pf a vessel. It can be issued for safety concerns, regulation issues or unsatisfying conditions
*
What is the importance of TLV?
Threshold Limit Value - determines the amount of substance an average worker can be exposed to day after day without adverse effects.
What are the Hazard Classes and what resources do we use to identify them?
ERG-Emergency Response Guide
Class 1-explosives
Class 2-gases
Class 3-flammable liquids
Class 4-flammable solids
Class 5-Organic peroxides and
oxidizers
Class 6-Toxic Substances
Class 7-Corrosive
Class 8-Radioactive
Class 9-Miscellaneous dangerous goods
What resources are used for spill trajectory?
NOAA Scientific Support Coordinator (Steve Lehmann)
-Aloha
-Gnome
-Adios
-Cameo
What law gave us the National Priorities List and where can it be found?
CERCLA
40 CFR 300 App B
What is our policy concering the media?
Maximum disclosure with minimum delay.
-give only information you know for certain (no room for guessing/hinting)
-personal and private information is sensitive and should not be disclosed
What are Limits of Liability and where can they be found?
33 CFR 138 Subpart B
Standardized, specified total liability amounts that can be penalized against a responsible party for removal cost, based on size/type of vessel/facility,
What are the procedures for making 3rd party claims?
NPFC
The Responsible party must first be notified of the intentions; if not possible, the NPFC must be notified.
Proof of liability falls on the claimant. Procedures and contents regulations from 33 CFR 136
What is the difference between Natural Resource assessment and damage?
A claim can be presented for ASSESSING damages separately from the cost of rehabilitation and restoration.
33 CFR 136
What are HAZWOPER requirements and where can they be found?
*General Site Workes(operators, day laborers): at least 40hrs of intruction off site and 3 days field experience
*Worker-on-site-occasionally(ground monitor, surveyor): 24hrs of inst
List the different types of skimmers.
-Weir: using dam and gravity conceptualization
-Suction: similar to vacuum technology or the skimmer used in swimming pools
-Oleophilic/drum: skimmers using a material that oil clings to but deflects water
-Vortex or centrifugal: using a eddy style force to pull the oil inside and spin the water out.
What are some booming strategies?
deflection, containment, exclusion, diversion.
What is the difference between adsorbent and absorbent?
Adsorbent: defines a material that oil clings on to
Absorbent: defines a material that oil soaks in to
What are the Pollution Prevention Regulations?
Created by Clean Water Act
33 CFR 151 - MARPOL
33 CFR 154 - Facilities
33 CFR 155 - Vessels
33 CFR 156 - transfer operations
What is the ESI for?
To identify environmentally sensitive areas, refuges, and animal habitats
What document identifies predetermined response actions?
Area Contingency Plan
What asset tracks pollution response inventory in our AOR?
Response Resource Inventory
What two skimmer systems do the Coast Guard utilize for responses?
VOSS and SORS
What document(s) should a foreign vessel have that discusses its
pollution prevention protocols?
IOPP and SOPEP
Define Public vessels.
is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and

(B) is not engaged in commercial service.”(46 USCS § 2101)
What gives us our boarding authorities?
14 USC 89
What is the Refuse Act and who is in charge?
The first water pollution act; its intention was to prohibit debris into the navigable waterways. Army Corps of Engineers enforces it.
What CFR cite is required on the Hazardous Waste Manifest?
40 CFR 300 (NCP)
What is a surety bond good for?
A form of payment that is enough to cover the maximum cost of a penalty.
What is a NOFI?
A Notice of Federal Interest informs a potential responsible party that the government is taken interest in a pollution incident and if found responsible, they may be liable for the cleanup themselves or the cost x 3 for government to clean or up to $40,000 a day
What is a NOFA?
A Notice of Federal Assumption is issued to a responsible party when the OSC has determined the best course of actions is for the federal government to assume the cleanup
What is an ATP?
An Authorization to Proceed is given to a BOA contract company specifying the requirements to cleanup a federalized spill
What contract companies do we use for cleanups according to a BOA?
Moran Environmental
Clean Harbors
Frank Corps
When is a CG-2692 required to be submitted to the CG and in what time frame?
For a marine casualty; 5 days to submit
Who can we call to assist with our Public Affair needs?
Public Information Assist Team
What agencies and CG assest can assist with a pollution incident?
RIDEM, MADEP, Harbormasters, fire department, RRT, Strike Teams, CG Stations
What is TLV, PEL, and REL?
TLV-Threshold limit value is the amount of exposure to a chemical hazard without suffering ill effects
PEL-permissible exposure limit is OSHA's standard: normal exposure an average labor is subjected to in a 40 hour work week, 8 hours a day
REL-is the recommended exposure limit and is similar to PEL and recommended by NIOSH
How is a sheen net sample obtained?
By drawing figure eights through the heaviest concentration of the spill
What are a few common booming techniques?
Diversion, containment, exclusion
Define entrainment and at what speed it occurs.
Technical failure of boom positioned at 90degrees to contain oil in currents that exceed .7 knots; at that speed, the oil flows directly under the boom
What conditions are needed to issue a NOV?
1. 5 violation elements
2. under 25 gal(commercial) and 50 gal (non-c) spill
3. no spill violation in the last 12 months
4. no more than 100 gal spill
What type of incidents are required to have a message drafted on CGMS?
Potention and actual medium incidents
What is confined space and what is CG policy for entering?
* any space with restricted access or egress
* large enough for employee to enter and perform work
* not made for continuous work
*where oxygen may be deficient.
**Commandant policy is do not enter unless cleared by a Marine Chemist as a gas-free environment
What are you looking for during a shoreline assessment?
Affected shorelines and environments, potential natural containment, difficult clean-up areas
What are the phases of a pollution incident?
I Discovery and notification
II Preliminary assessment and initial investigation
III Containment, countermeasures, cleanup, and disposal
IV Cost documentation
Identify the purpose of the NCP.
40 CFR 300.1
To provide organizational structure and procedures for preparing for and responding to discharges and releases
Identify the 4 general priorities of the NCP.
40 CFR 300.317
1. Safety of human life and health
2. stabilize the situation
3. minimize adverse affects to the environment
4. containment and removal
Describe the authority of the OSC under the NCP.
40 CFR 300.2
Authority is granted to the OSC thru CWA and CERCLA for the non-inclusive following: assume cleanup responsibilities, enforce PPRS, issue ADMIN orders and designate responsible parties.
Identify the OSC's primary responsibilities.
40 CFR 300.120
Coordinate, direct and review the work of other agencies, responsible party, contractors and other response personnel, to assure compliance with the NCP. OSC must also collect pertinent information related to the incident.
What are the notification requirements outlined in the NCP?
40 CFR 300.125
Notice of discharges and releases must be made by telephone to the NRC 1800-424-8802. The telephone report is distributed to any interested NRT member agency or federal entity that has established a written agreement or understanding with the NRC.
Identify the 4 phases of an oil spill incident.
40 CFR 300.300-315
1. Discovery and notification
2. Preliminary assessment and initial action
3. containment, countermeasure, cleanup and disposal
4. documentation and cost recovery
Identify the phases of a HAZSUB release that CG is invovled in.
40 CFR 300.400
1. Discovery and Notification
2. Removal Site evaluation
3. Removal actions
What jurisdiction does DOD and DOE have?
For themselves or:
DOE-radiological hazards
DOD-when sole source is under the control or custody of DOD
Explain how FOSC and COTP have the authority to enlist aid from local and governement agencies.
33 CFR 6.04-11 - refers to COTP enlisting aid. Since COTP can delegate and designate FOSCRs, we then have authority to enlist the same aid.
40 CFR 300.145 - there are many special teams and other agencies available to assist OSC. They provide trained personnel, specialized equipment and technical assistance, as needed
Who may we reach out to for assistance with forecasting trajectory?
NOAA SSC
What is the NSF?
40 CFR 300.145
The National Strike Force provides trained personnel (teams) and specialized equipment to assist the OSC in preparing, training and responding to discharges and releases in order to protect public health and the environment.
What CFR cites provide definitions for hazardous material, hazardous substance, and hazardous waste?
Hazardous Materials
• DOT 49CFR
• Transportation (products!)
• Hazardous Substances
• EPA 40CFR
• CERCLA Defined
• Hazardous Waste
• EPA 40CFR260
What word does this define: The failure to exercise due
care; the omission to do something which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and
prudent man would not do.
Negligence
What term does this define: Common law theory
often applied by the courts in
environmental cases to remedy
environmental harm; liability for
damages to persons or property can be imposed without requiring a
showing negligence
strict liability
What is this?
Plimsoll MArk
What is the purpose of the NCP?
40CFR300.1
to provide organizational structure and procedure for responding to pollution incidents
What are the 4 general priorities of the NCP?
40CFR300.317
Safety of human life, satbilize the situation, containment and removal tactics, minimize adverse effects to environment - concurrently address all priorities
What authority does FOSCR have under the NCP?
40CFR300.2/300.12o
NCP gets its authority from CWA and CERLA. NCP authorizes OSC to assume cleanup responsibilities, enforece PPRs, issue admin orders, and designate responsible parties
What is the FOSCR primary responsiblities?
40CFR300.120
Coordinate, direct, and review work of other agencies to ensure compliance with NCP and other orders related to incident. Collect all pertinent information regarding incident.
Where can notification requirements be found?
40CFR300.125
List the phases of a Hazardous Substance incident until CG is no longer involved.
I. Discovery and Notification
II. Removal Site Evaluation
III. Removal Action
Where can COTP authority be found?
33CFR1.01-30 and Super Six
What is the authority of the COTP and FOSCR to prevent access of personnel to vessels and facilities?
33CFR6.04-5
This action is permitted when deemed necessary to prevent damage or injury to vessels and waterfront facilities/
What is the authority to control vessel and facility operations?
33CFR160.109-111
Facility: to prevent damage/destruction to bridges, structures, waterways, and resources on or adjacent to waterways.
Vessel: if vsl is not in compliance with rules/regs; does not satisfy conditions for operations and cargo transfers; for the safety of the vessel and its crew.
What is the authority to control vessel movement?
33CFR6.04-08
When it appears that such action is necessary in order to secure vsl from damage or injury or to prevent damage or injury to waterfront facility.
Explain authority to enlist aid from other agencies.
33CFR6.04-11
Using a Pollution Removal Funding Authorization (PRFA), the COTP/FOSCR may enlist the aid and cooperation of other agencies to assist in cleanup operations. Authorization to Proceed (ATPs) are used with private entities. Military Interdepartmental Procurement Request (MIPRs) are used with other military agencies.
How can a safety zone aid during a pollution incident?
33CFR165.20
A safety zone is constructed in such an area for safety or environmental purposes to limit access. During a pollution incident a safety zone may be constructed to protect the public from transiting thru hazardous conditions.
What are the procedures for obtiaing a Flight Restriction Zone?
access the website at tfr.faa.gov and use guidance in 14CFR91.137