4XXX Oil and Hazardous Materials Emergency Response Operations That May Affect National Historic Properties

Transcription

1 4XXX Oil and Hazardous Materials Emergency Response Operations That May Affect National Historic Properties This document is a Federal On-Scene Coordinator s (FOSC) guide for the preservation of national historic properties during an emergency response to an oil discharge or chemical release. It follows the process described in the Programmatic Agreement on Protection of Historic Properties during Emergency Response under the National Oil and Hazardous Substances Pollution Contingency Plan (PA) to facilitate consultation with other federal agencies. This guide is not intended to be an all inclusive technical guide for reducing or eliminating all possible adverse effects to national historic properties. Further, this guide assumes that the FOSC has already considered pre-spill planning activities as they relate to the preservation of national historic properties THE NATIONAL HISTORIC PRESERVATION ACT (NHPA) 200. THE PROGRAMMATIC AGREEMENT ON PROTECTION OF HISTORIC PROPERTIES DURING EMERGENCY RESPONSE UNDER THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN (PA) AND HOW IT APPLIES TO THE USCG 300. FUNDING FOR HISTORIC PROPERTIES SPECIALISTS 400. REFERENCES Appendix 1 - Oil Discharge and Hazardous Materials Release Emergency Response Phase Checklist Appendix 2 - Spills or Releases Categorically Excluded From Additional National Historic Preservation Act Section 106 Compliance Appendix 3 - Potential Emergency Response Strategies For Historic Properties Protection Appendix 4 - Table 3 Historic Properties Specialist: Personnel Standards Appendix 5 - Federal OSC Procedure for Determining When To Activate A Historic Properties Specialist Appendix 6 - Suggested Information to Be Provided To Historic Properties Specialists Upon Activation Form 1 - Documentation of Actions Taken That Resulted In Unavoidable Injury To Historic Properties

2 100. THE NATIONAL HISTORIC PRESERVATION ACT (NHPA) On 15 October 1966, Congress passed 16 USC 470, known as the National Historic Preservation Act (NHPA) to preserve the historical and cultural foundations of our Nation. Under Section 106 of NHPA, federal agencies are required to consider the effects of their actions on historic properties and take steps to reduce or eliminate adverse effects THE PROGRAMMATIC AGREEMENT ON PROTECTION OF HISTORIC PROPERTIES DURING EMERGENCY RESPONSE UNDER THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN (PA) AND HOW IT APPLIES TO THE USCG The Programmatic Agreement on Protection of Historic Properties during Emergency Response under the National Oil and Hazardous Substances Pollution Contingency Plan (PA) was a 10 year effort that was finalized and signed in August 1998 by federal agencies represented on the National Response Team, which is co-chaired by USCG. The PA provides an alternative process to ensure appropriate consideration of historic properties within the meaning of the NHPA during emergency response to a discharge or a release under the NCP, 40 CFR 300. While this agreement applies primarily to the emergency response phase, it does not exempt the Coast Guard from conducting formal consultation under Section 106 of the NHPA after the response, nor does it relieve the USCG from pre-spill planning activities. During pre-spill planning activities within the Area Contingency Planning process, the PA calls for the identification of both national historic properties and certified historic properties specialist(s) (See Table 3). FOSCs are encouraged to work with appropriate members of their Regional Response Team and Area Committees to identify methods that can minimize or avoid adverse effects to historic and culturally significant properties. Those methods or strategies should be reflected in the Area Contingency Plans (ACPs) FUNDING FOR HISTORIC PROPERTIES SPECIALISTS An FOSC may utilize a Pollution Removal Funding Authorization (PRFA) for funding the use of a Historic Property Specialist during an emergency response. However, funds are not available for the hiring of pre-spill planning activities. MLCPAC recently awarded four Blanket Purchase Agreements (BPA s) to provide the services of qualified Historic Property Specialists to assist FOSCs in carrying out the Programmatic Agreement of Historic Properties During Emergency Response Under the NCP. These BPA s serve as a contract with a specific company; however, there is no exchange of funds until the contractor is chosen and hired for an emergency response. If BPA s exist in your region they should be included in the Area Contingency Plan. The following are four qualified HPS firms/individuals under the BPAs in MLCPAC. These companies may provide consultation services throughout the Pacific Area: Northern Land Use Research, Inc. - Fairbanks, AK (Peter Bowers, Catherine Williams, Bruce Ream, Ben Potter) Chumis Cultural Resource Services - Anchorage, AK (Chris Wooley)

3 Chemtrack Incorporated - Anchorage, AK (Douglas R. Reger) Historical Research Associates, Inc. - Missoula, MT (T. Weber Greiser) 400. REFERENCES In the development of an Incident Action Plan (IAP), refer to Appendix 1 - Oil Discharge and Hazardous Materials Emergency Response Phase, and to the PA for further guidance. The full-length version of the Programmatic Agreement may be accessed at: The list of designated National Historic Properties may be found on the National Register of Historic Properties (NR) at: The Criteria for Listing on the National Register of Historic Properties (NR) may be found at: Information on Indian tribes may be found at: and Pamela Bergmann, US DOI, Anchorage, Alaska. N.d. Practical Guidance for Developing Implementation Guidelines for Federal OSCs to Protect Historic Properties During Emergency Response.

4 Appendix 1 - Oil Discharge and Hazardous Materials Release Emergency Response Phase Checklist FOSC determines whether the exclusions of the Programmatic Agreement (PA) apply. Operate under assumption that any oil discharge or chemical release may impact or has impacted historic properties, unless the release impacts one of the exclusionary areas. Excluded areas may be specific geographic areas or types of areas where, should a release or spill occur, historic properties are unlikely to be affected. This includes the information listed in Table 2 and any additional exclusions agreed upon by the signatories to this or a regional PA. If the incident affects only excluded areas, no further actions are necessary unless: Previously unidentified historic properties are discovered during the response; or The State Historic Preserv5ation Officer or appropriate Federal, Indian, or Hawaiian Native organizations notifies the Federal OSC otherwise. If the area where a release or spill occurs has not been excluded, then Activate the agreed-upon mechanism for addressing pre-identified historic properties to include notification of the parties identified in the ACP, and consult with these parties concerning the identification of historic properties that may be affected. FOSC s Historic Property Specialist verify identification of historic properties with State Historic Preservation Officer (SHPO), landowners and/or land managers, appropriate Indian tribes and Native Hawaiian organizations. Assess potential effects of emergency response strategies on historic properties in consultation with any interested parties that may include State Historic Preservation Officer, appropriate Federal, Indian, or Hawaiian Native organizations and the public. Make and implement decisions about appropriate response actions taking into account professional comments received from SHPO, appropriate Federal, Indian, or Hawaiian Native organizations and the public. Document these response actions in the Incident Action Plan (IAP). See Table 3. Whenever the Federal OSC determines the requirements of this Section cannot be satisfied concurrently with the paramount requirement of protecting public health and the environment, the determination shall be documented in writing including the name and title of the person who made the determination; the date of determination; and a brief description of the competing values between public health and safety and carrying on the provisions of the PA (See Form 1). Submit form to State Historic Preservation Officer or appropriate Federal, Indian, or Hawaiian Native organizations and/or public.

5 Appendix 2 - Spills or Releases Categorically Excluded From Additional National Historic Preservation Act Section 106 Compliance Spills/releases onto (which stay on): Gravel pads Roads (gravel or paved, not including the undeveloped right-of-way) Parking areas (graded or paved) Dock staging areas less than 50 years old Gravel causeways Artificial gravel islands Drilling mats, pads, and/or berms Airport runways (improved gravel strips and/or paved runways) Spills/releases into (that stay in): Lined pits; e.g., drilling mud pits and reserve pits Water bodies where the release/spill: 1) will not reach land or submerged land; and 2) will not include emergency response activities with land or submerged land-disturbing components Borrow pits Concrete containment areas Spills/releases of: Gases (e.g., chlorine gas) IMPORTANT NOTE TO FEDERAL OSC: 1) IF YOU ARE NOT SURE WHETHER A RELEASE OR SPILL FITS INTO ONE OF THE CATEGORIES LISTED ABOVE; and/or 2) IF AT ANY TIME, THE SPECIFICS OF A RELEASE OR SPILL CHANGE SO IT NO LONGER FITS INTO ONE OF THE CATEGORIES LISTED ABOVE; 3) IF THE SPILL OR RELEASE IS GREATER THAN 100,000 GALLONS; AND/OR 4) IF THE STATE HISTORIC PRESERVATION OFFICER NOTIFIES YOU THAT A CATEGORICALLY EXCLUDED RELEASE OR SPILL MAY HAVE THE POTENTIAL TO AFFECT A HISTORIC PROPERTY FOLLOW THE EMERGENCY RESPONSE PHASE CHECKLIST, TABLE 1, OR SECTION VI OF THE PA.

6 Appendix 3 - Potential Emergency Response Strategies For Historic Properties Protection RESPONSE STRATEGY Mechanical Recovery (e.g. use of skimmers, booms, sorbents) In Situ Burning Dispersant Use Protective or diversionary booming Covering site with Protective Material Construction of Berms or Trenches to Divert Product Away from Sites/Areas On-scene Inspections by the Federal OSC Historic Properties Specialist or Individual(s) Authorized by the Federal OSC Historic Properties Specialist Participation in Shoreline Cleanup Assessment Teams by the Federal OSC Historic Properties Specialist or individual(s) authorized by the Federal OSC Historic Properties Specialist Participation in Shoreline Cleanup Teams by the Federal OSC Historic Properties Specialist or individual(s) authorized by the Federal OSC Historic Properties Specialist Provision of Information on Historic Properties Protection to Response Personnel Provision of Information to the Federal OSC on Historic Properties Protection for Areas/Locations Proposed for emergency-response related support activities (e.g. helipads and staging areas) * Note: These response strategies are not listed in order of precedence. In addition, other response strategies for the protection of historic properties may be identified and recommended to the Federal OSC for use during an incident response.

7 Appendix 4 - Table 3 Historic Properties Specialist: Personnel Standards These standards apply to individuals contracted to provide technical services to Federal On- Scene Coordinators as Historic Properties Specialists. Standards for individuals performing field historic properties duties in an oil discharge or chemical release response (such as Shoreline Cleanup Assessment Team [SCAT] Archaeologists), either for the responsible party or for the government, may be different. 1. The individual must meet the Secretary of Interior s Historic Preservation Professional Qualification Standards for either Prehistoric or Historical Archeology (See Appendix II of the national Programmatic Agreement). In general, these require a graduate degree in Anthropology (or a closely related field), with a specialization in Archeology, and two and one-half years of professional experience. These standards can be found on-line at: 2. The individual must have demonstrated familiarity with the archaeology and environment of the area in question. 3. The individual must be fully familiar with Federal and State laws and regulations governing historic preservation, and with the operation of [the State s] Office of History and Archaeology. 4. The individual must have, or must acquire training in compliance with the standard found in 29 CFR 1910, and should be familiar with the basic principles of the Incident Command System. Additionally, the individual should have familiarity with the National Contingency Plan for Oil and Hazardous Substances Pollution Contingency Plan (NCP); the State Federal/State Preparedness Plan for Response to Oil and Hazardous Substance Discharges/Releases or Area Contingency Plan or Region Contingency Plan; the Programmatic Agreement on the Protection of Historic Properties during Emergency Response under the NCP (Programmatic Agreement) and [the State s] Implementation Guidelines for Federal OSCs; and specific procedures such as the SCAT process.

8 Appendix 5 - Federal OSC Procedure for Determining When To Activate A Historic Properties Specialist STEP 1: STEP 2: Receive notification of oil discharge or hazardous substance release Determine if Historic Properties need to be considered Does the spill or release fall into one of the following categories listed in Table 1? Yes No If the answer is YES, no other actions regarding historic protection are required. If the answer is NO proceed to Step 3. STEP 3: To continue in accordance with the National Programmatic Agreement, Activate Federal On-Scene Coordinator s Historic Properties Specialist See Federal OSC s list of pre-identified Historic Properties Specialists. See Table 5 for suggested information to provide to the Historic Properties Specialist upon activation.

9 Appendix 6 - Information to Be Provided To Historic Properties Specialists Upon Activation Name of Incident: Date/time of incident: Spill/release location: land ; water ; land/water If on land, estimate number of acres contaminated Spill/release coordinates: latitude; longitude. If on land, township; range; section Distance to nearest water body, if on land: km/mi Distance to nearest land, if in water: km/mi Product released: Estimated volume of product released: gals/bbls Release status: Stopped ; Continuing ; Unknown Is spill/release: Contained ; Spreading ; Unknown Estimated volume of product potentially released: gals/bbls/other measure Have Regional Response Strategies been approved for the area affected or potentiallyaffected by the spill/release? Yes ; No Describe any response actions proposed or taken that include ground-disturbing activities:

10 Form 1 - Documentation of Actions Taken That Resulted In Unavoidable Injury To Historic Properties This form should be completed and submitted, along with any additional supporting documentation, in a reasonable and timely manner to the appropriate entities listed below: Name of incident: Date/time of incident: Location of incident: Brief description of response action approved (including the date) by the Federal On-Scene Coordinator (OSC) where protecting public health and safety was in conflict with protecting historic properties: Brief description of why protecting public health and safety could not be accomplished while also protecting historic properties: Federal OSC Name and Title: Federal OSC Signature: Date of Signature: Faxed to: SHPO (Name and fax number of potentially-affected resource managers/trustees): (Name and fax number of potentially-affected resource managers/trustees): (Name and fax number of potentially-affected resource managers/trustees):