Federal On-Scene Coordinator Representative Training

1. Welcome to Class! Let me hold the door for you. Can I see? Excuse me, gentlemen, can I get by ya’ll so I can help out my partner? Federal On-Scene Coordinator Representative Training

2. Class Schedule Astronomy & Philosophy Class The “Universe” of Response The Library References FOSCR “101” Linguistics Class Response Terminology Legal Class Environmental Laws Life Skills Plans & Miscellaneous Study Hall Jeopardy Federal On-Scene Coordinator Representative Training

3. Universe of Response NCP Galaxy CWA (FWPCA/OPA90) & CERCLA RCRA CAA Oil SWDA Hazardous Substances Pollutants or Contaminants Non-NCP Galaxy TOSCA HazardousMaterials LPG/LNG SARA Federal On-Scene Coordinator Representative Training

4. “The Library” • An FOSC’s Guide to Environmental Response • National Response Framework • National Contingency Plan (40 CFR 300 & appendices) • Federal Water Pollution Control Act (FWPCA) • Oil Pollution Act of 1990 (OPA 90) • Comprehensive Environmental Response, Compensation, and Liability Act • COMDTINST M16465.29 – CERCLA Response Authorities and Associated Coast Guard Policies • COMDINST 6260.31 – Safety & Health Training for Emergency Response Operations • COMDTINST 3400.3B – Weapons of Mass Destruction and Catastrophic Hazardous Material Releases Federal On-Scene Coordinator Representative Training

5. FOSCR “101” • Who • local & state on-scene coordinators • federal on-scene coordinators (or representatives) • What • oil, hazardous substances, pollutants or contaminants • Where • inland zone / waters • coastal zone / waters • air and ground (CERCLA) • When • exceed the reportable quantity • imminent and substantial threat • Why • legal responsibility to protect the public and the environment Federal On-Scene Coordinator Representative Training

6. FOSCR Basics “101” Oil Spill Classification (in gallons): Reportable Quantity: A discharge that causes a sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. Federal On-Scene Coordinator Representative Training

7. FOSCR Basics “101” • Hazardous Substance Release Classification: • Minor: release of a quantity of hazardous substance(s), pollutant(s), or contaminant(s) that poses minimal threat to public health or the environment • Medium: a release not meeting the criteria for classification as a minor or major release • Major: release of a any quantity of hazardous substance(s), pollutant(s), or contaminant(s) that poses a substantial threat to public health or the environment • Reportable Quantity: • A quantity, as set forth in 40 CFR 302.4 Federal On-Scene Coordinator Representative Training

8. Linguistics Class • Oil: • 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. (see pg. 10 of FOSC Guide) • Note: does not include petroleum, including crude oil, or LNG/LPG or synthetic gas usable for fuel • Discharge: • Any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of oil; excludes discharges permitted by the NPDES; also means substantial threat of a discharge. Federal On-Scene Coordinator Representative Training

9. Linguistics Class • Hazardous Substance: • Any substance pursuant to section 311(b)(2)(A) of the CWA • Any compound, element, mixture…pursuant to 102 of CERCLA • Any waste pursuant to section 3001 if the SWDA • Any toxic pollutant listed under section 307(a) of the CWA • Any hazardous air pollutant listed under section 112 of CAA • Any imminently hazardous chemical substance pursuant to section 7 of TOSCA • Note: does not include petroleum, including crude oil, or LNG/LPG or synthetic gas usable for fuel • Release: • Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including abandonment of containers). Federal On-Scene Coordinator Representative Training

10. Linguistics Class • Pollutant or Contaminant: • As defined in section 101(33) of CERCLA: any element, substance, compound, or mixture, including disease causing agents, which after release into the environment…either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutations, etc….in such organisms or their offspring. Federal On-Scene Coordinator Representative Training

11. Linguistics Class • Hazardous Waste* • A solid waste that is listed in 40 CFR 261.30, unless excluded. Wastes are either classified by characteristic (ignitable, corrosive, reactive, toxic) or they are listed. • *Note: FOSC knowledge of the basic provisions of the Resource Conservation and Recovery Act (RCRA) are almost always required when conducting a hazardous substance removal action. • Hazardous Material • A substance or material determined by SECDOT to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce. The term includes hazardous substances, hazardous wastes, marine pollutants, etc…. Federal On-Scene Coordinator Representative Training

12. History Class • Behind every good environmental law is a bit of history… • Rachel Carson’s Silent Spring (1962) • environmental activist that brought many environmental issues to the forefront, especially the toxicity of synthetic pesticides (e.g., DDT which were banned); helped spur creation of the EPA. • TORREY CANYON (1967) – 31 million gallon crude oil spill • U.S. amended the CWA to the FWPCA and included section 311 that provided funding for removal. • Love Canal (1978) – buried hazardous wastes • led to many legal changes: CAA, CWA, SDWA, RCRA, CERCLA, TSCA • Bhopal (1984) – methylisocyanate release that killed thousands • even though this occurred in India, the U.S. amended CERCLA in 1986 (SARA III) to ensure community awareness of nearby chemical plants • EXXON VALDEZ (1989) – 8 million gallon crude spill in Alaska • led to OPA 90 and creation of OSLTF Federal On-Scene Coordinator Representative Training

13. Legal Class Clean Water Act (CWA): Created in 1972, this is the principal federal statute protecting navigable waters and adjoining shorelines from pollution. Section 311 addresses pollution from oil discharges and hazardous substance releases. Oil Pollution Act of 1990 (OPA 90): Implemented in response to the EXXON VALDEZ incident; amended the CWA and addressed a wide range if problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters. Created the Oil Spill Liability Trust Fund (OSLTF). See pages 17-18 of the FOSC Guide and see http://www.epa.gov/watertrain/cwa/ for more information. Federal On-Scene Coordinator Representative Training

14. Legal Class Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Enacted by Congress in 1980; also known as the Superfund Act. This law created a tax on the chemical and petroleum industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Federal On-Scene Coordinator Representative Training

15. Legal Class CERCLA’s Key Components: 102 – established the federal government’s authority to designate certain substances as hazardous to the environment and public health 103 – established the responsibilities of a vessel or facility in the event of a discharge. 104 – established response authorities in the event of a discharge that poses a substantial threat to the environment and public health. 105 – established the National Contingency Plan as the guideline for response to hazardous substances, pollutants, and contaminants. 106 – established the federal government’s authority to respond beyond the actions of the State to protect public health, welfare, or the environment. 107 – established liability provisions for responsible parties. Federal On-Scene Coordinator Representative Training

16. Legal Class • CERCLA Also: • Authorized two types of response actions: • short-term removals, where actions maybe taken to address releases or threatened releases requiring prompt response. • long-term remedial response actions (aka the EPA’s National Priorities List) that permanently and significantly reduce the dangers of serious threats to the public or environment. • CERCLA enabled the revision of the National Contingency Plan (NCP). The NCP also established the NPL. • Was amended in 1986 by the Superfund Amendments and Reauthorization Act (SARA) Federal On-Scene Coordinator Representative Training

17. Legal Class • Superfund Amendments and Reauthorization Act (SARA) • Amended CERCLA; it raised the limit on removal costs to $2 million and time to one year. Mandated that hazardous waste sites targeted for removal must comply with the Resource Conservation and Recovery Act (RCRA). • Key Provisions: • Established requirements for public participation in Superfund response activities (Emergency Planning and Right-to-Know) • Made CERCLA apply to the federal government • Required OSHA to establish health & safety provisions for employees during hazardous waste operations (HAZWOPER standards). Federal On-Scene Coordinator Representative Training

18. Legal Class • Resource Conservation and Recovery Act (RCRA) • Primary law governing disposal of solid and hazardous waste passed in 1976 to address the increasing problems the nation faced from municipal and industrial waste. RCRA manages wastes “Cradle to Grave” with procedures, facilities, and paperwork. • RCRA’s Goals: • Protect human health and the environment from the potential hazards of hazardous waste • Conserve energy and natural resources • Reduce the amount of waste generated • Ensure wastes are managed in an environmentally-sound manner Federal On-Scene Coordinator Representative Training

19. Legal Class • RCRA and Emergency Response • EPA is responsible for responding to releases from RCRA Facilities • RCRA is always involved in an emergency response because RCRA requirements apply (in most cases). • Must know RCRA well enough to know what questions to ask? • Is it a waste? • Is it a solid or a hazardous waste? • Who can deal with it? What is a TSDF? • Must involve State Agencies if you are going to treat, dispose, or store a waste. • FOSC responsibility (not EPA) to ensure RCRA requirements are met* • Hazardous Waste Manifest • Contractors • * Ensure someone at your Sector has had a RCRA course Federal On-Scene Coordinator Representative Training

20. Plans & Misc • National Response Team • Oversees national planning and coordination; co-chaired by US EPA & USCG • NRT entities: FEMA, DOD, DOE, USDA, HHS, DOI, DOJ, DOL, DOT, NRC, DOS, GSA • Provide policy guidance to RRT • Can be activated when response exceeds regional capability or is a BIG deal • See FOSC Guide, page 14 or http://www.nrt.org for more information • Regional Response Team • Coordinates regional planning (e.g., One Gulf Plan) • May be activated under certain conditions or upon request from the OSC • Spill of National Significance (SONS) • An incident that requires national coordination (e.g., EXXON VALDEZ) • Declared a SONS by EPA (inland) or USCG Commandant (coastal) Federal On-Scene Coordinator Representative Training

21. Plans & Misc • Salvage – no two casualties are the same. • Technical Experts – use them! • SERT: Marine Safety Center’s Salvage Engineering & Response Team; 24/7 technical evaluations by CG naval architects • NSF Strike Teams: field oversight of assessment and salvage plans • Navy Supervisor of Salvage: specialized equipment and technical advice and publications (Salvor’s Handbook) • Casualty Assessment and Salvage Survey - this is one of the first steps that must be taken; do not let the vessel change its condition unless life is at stake before the assessment and survey (if possible). At a minimum this includes: • Vessel physical survey (condition just prior to and after the casualty) • Environmental conditions (weather, tides, geography, bottom type, etc.) • Available resources (capability, location, ETA, etc.) Federal On-Scene Coordinator Representative Training

22. Plans & Misc • Salvage (continued) • Salvage Plan– the FOSC/OCMI should require a written plan for CG/UC approval; must take into consideration all steps including final disposition; ensure vessel’s crew is integral to the effort/plan. Have SERT review the plan before approving it. If conditions change on scene, ensure the plan is updated to reflect the changes. • Salvage Companies – the RP will likely hire, but you want to ensure a reputable company is chosen; American Savage Association companies are a good place to start. Understand how insurance impacts fee arragements because this can impact the speed of the response. • Diving Operations – if required by the salvage plan, ensure safety is addressed in the plan and monitored in the field. If the casualty is to a U.S. flagged vessel that has a COI, then commercial diving regulations apply (46 CFR Part 197). OSHA standards may also apply. • Remember: The best place for the oil is in the ship! Federal On-Scene Coordinator Representative Training

23. Study Hall Federal On-Scene Coordinator Representative Training