Rhode Island & Southeastern Massachusetts Area Committee 20 Risho Avenue, East Providence, RI Phone: (401) Fax: (401)

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1 Rhode Island & Southeastern Massachusetts Area Committee 20 Risho Avenue, East Providence, RI Phone: (401) Fax: (401) MINUTES Thursday, August 12, 2010 Whites of Westport 66 State Road, Westport, MA Welcome and Opening Comments: Captain Verne Gifford, Commanding Officer, USCG Sector Southeastern New England, welcomed the attendees and introduced himself as the new Captain of the Port. Within days of his arrival, he served as Federal On Scene Coordinator for the F/V ESS PURSUIT incident in New Bedford. He noted that, during the incident response, he was introduced to and worked in close cooperation with numerous representatives of the MA response community. CAPT Gifford then introduced several members of his staff, including CDR John Kondratowicz, the Deputy Sector Commander (who was recently selected for Captain, congratulations!), and CDR Paul Lattanzi, the new Prevention Department Head. CAPT Gifford looks forward to meeting with the Area Committee members and working with them in the coming years. Introductions: Introductions around the room of the (60) attendees from various local, state and federal agencies, as well as numerous industry representatives. Review Minutes of Previous Meeting: Minutes and presentations from previous meetings are available on the Sector SENE Homeport website, on the bottom, left side of the page under Oil Spill Response, RI & SEMA Area Committee. Minutes of the April 2010 RRT1 meeting are posted on the RRT1 Website. Open Action Items & Status: 1. Mr. Steve Lehman (NOAA) will form a workgroup for In Situ Burning & Dispersant Pre-Authorization. (TBD) 2. CG and MADEP will develop management protocols in the event of a spill to ensure that deployment of the boom systems in the MADEP Pollution Response Trailers are integrated in the Unified Command decision-making process to ensure effective use and compensation issues are institutionalized in our ACP. Update: Ms. Commerford stated that MA DEP created a draft protocol and solicited comments from CG Sectors Boston and SENE. MADEP is reviewing the comments and will distribute a final draft in the near future. 1

2 Agency Reports: RI DEM, Mr. Jim Ball: Jim was unable to attend the last meeting, which occurred right after the RI floods. The flood response was an overwhelming operation for the State. A major issue for RI DEM was identifying and securing funds for response actions during the declared disaster. Under the Stafford Act, the State is required to pay a 25% co-share. RI DEM had asked for USCG and EPA assistance during the response and had to find a way to pay for the 25% co-share. This issue was raised at the last RRT1 meeting. To date, RI DEM has submitted to FEMA approximately $150,000 in claims. Jim discussed the continuing issue RI has with seaweed on beaches decomposing and emitting hydrogen sulfide odors. RI DEM -purchased a beach cleaner several years ago and continues to actively utilize it to address the issue. Last year, RI and CT participated in the Connecticut and Rhode Island Cross-Border Exercise Series (CRICES) to test joint response between the States. RI DEM is now in talks to coordinate a tri-state drill with CT and MA, possibly involving an ethanol railcar incident. Jim will provide more information as the planning gets underway. RI DEM participated in both the VIGILANT HOPE and QUAHOG EX exercises held in RI last May. This provided the opportunity to work with the National Guard Civil Support Teams in a variety of situations as they conducted over 30 different drills. MA DEP, Ms. Janine Commerford: The continuing budget difficulties in the Commonwealth are still an issue for MA DEP. DEP is trying to prevent any more personnel layoffs by working to streamline operations, such as closing/consolidating offices to save money. The Cape Cod office will be closing in October 2010 and moving back to the Lakeville Southeast Region Office. Work continues with the Oil Spill Act fund. The OSA fund is now paying for tug escorts and state licensed pilots voluntarily requested by double hull vessels transiting Buzzards Bay and the Cape Cod Canal. MA DEP also recently purchased 2000 feet of 36 open water boom to be stored in conex boxes in New Bedford and at Massachusetts Maritime Academy. MA DEP is working on Boston Area GRPs and is working with the City of Boston to evaluate the need for response trailers for the City. MA DEP recently attended the EPA-sponsored Massachusetts Environmental Response Resources Coordination TTX in Worcester to discuss how to share resources and work together with local/state and federal agencies. USCG D1 (drm), Mr. Mike Popovich: Mike conveyed RADM Neptun s appreciation for the combined response efforts to and following the Deepwater Horizon oil spill. Over 500 USCG personnel from throughout the District have deployed to assist. Many lessons learned are being reported back and will be presented in the coming months. The Clean Gulf Conference ( will be held October 18-20, 2010 in Tampa, FL. See the website for more information. The ME/NH Area Committee has postponed their annual seminar. The Seminar will now be held Feb 8-9, 2011 at the Sheraton in Portsmouth, NH and will be a lessons learned conference for the 2010 SONS exercise and Deepwater Horizon. Mike will be working to resume the PI/FOSCR training classes which were offered earlier this year. He will provide further information as classes are scheduled. U.S. EPA Region I, Mr. Tom Condon: The EPA provided assistance in response to the F/V ESS PURSUIT incident which will 2

3 be discussed in detail later in this meeting. EPA currently has personnel deployed in support of Deepwater Horizon (DWH) and the Enbridge pipeline spill on the Kalamazoo River, MI. EPA is restarting their sampling at the New Bedford Parker Street site. EPA recently hosted training for responders and contractors. Deepwater Horizon Local/Regional impacts: Personnel & equipment deployments Deployments impacted some USCG missions locally. Sector was able to rely on USCG Auxiliary for assistance with regular harbor patrols. At this time the Sector is mostly back to business as usual. Albe Simenas stated that it was helpful for the CG to send out the regional equipment updates. This helped prevent double counting of resources. MA DEP (and RI DEM) offered equipment through the Emergency Management Assistance Compact (EMAC) but the offer was never taken up. There is an issue with the EMAC process for oil spill response in that the State has to front the payment for the deployment of the equipment and then get reimbursed later for it. In New England, only Maine DEP provided equipment offered through EMAC but that involved a separate contract with BP. The oil spill response method of the Responsible Party (RP) paying does not fit with the EMAC process. Pete Popko stated that the difference with the DWH response was that it was an infinite spill with no end in sight. The response effort therefore had to surge for the potential due to the uncertainty of the amount that would be spilled, the area to be affected or the equipment needed to clean it up. Vessels of opportunity were used (i.e. F/V trawling with boom) and many CG personnel were involved with organizing these fleets. Sector personnel were also involved in functioning as Liaison Officers with the Parishes and communities. Emergency Temporary Interim Rule Temporary Suspension of Certain Oil Spill Response Time Requirements To Support Deepwater Horizon Oil Spill of National Significance (SONS) Response, Federal Register, June 30, 2010 Sector SENE held a teleconference on June 17 to discuss the decision to allow Vessel/Facility Response Plan holders and OSROs to decrease the amount of equipment required from that needed to respond to a Worst Case Discharge (WCD) level to that needed to respond to an Average Most Probable Discharge (AMPD) level. This would allow equipment to be freed up to send to the DWH response in the Gulf of Mexico. Janine asked Was the temporary rule effective? Did anyone take advantage of it? Based on the discussion and follow ups, no entity decided to implement the lower response level. Dan Murphy from Moran Environmental stated that they took just enough equipment out of each area to remain at the WCD level. Mostly they just purchased new additional equipment to respond to DWH. It was good to know however, that they could have used other equipment if needed. Heather Atwood of Global Remediation stated the same, that they purchased new equipment rather than move their equipment. Mike Popovich mentioned that it was skimmers that were needed most, but by late June they had 1400 in operation and had 800 more ordered or in production. 3

4 It was suggested that Janine s original question be followed up on by the RRT to see if this temporary rule would be an effective option in the future. MA DEP trailers & mutual aid Janine mentioned that MA DEP offered 20K feet of boom and staff members through EMAC but had no way to pay for sending them if they were called for. Dave Ladd, MA Department of Fire Services, mentioned that for HazMat response the New England States and New York have considered the International EMAC (IEMAC) option for resourcing. There is a need to review legislation at the State level for emergency response deployments. Jim Ball mentioned that the existing Radiation Compact looked at doing something similar. There is still a need to look at a way for the RP to pay. Albe Simenas mentioned that during the SONS 2010 exercise, language was crafted through the RRT1 that may be helpful. Chief George Baker, Mashpee FD mentioned that a model does exist for deployment of emergency response resources through the Forest Service and the Northeastern Forest Fire Protection Compact. These involve pre-bid prepared contracts that can be activated during an emergency. Mike Popovich suggested that lessons learned be solicited from Barbara Parker at ME DEP. Potential environmental impacts Based on the recent NOAA update, the chances of a DWH impact to New England are remote. The current Eddy Franklin had detached from the Loop Current in the Gulf and at this time DWH oil is more than 100 miles away from the Eddy. Sector Boston, MA DEP and NOAA have prepared a tri-fold handout to talk about potential impacts. CAPT Gifford has suggested that this be made into a regional approach for the USCG First District. Presentation of the Draft Revised Area Contingency Plan (ACP): Ron Pigeon, USCG Sector SENE (Presentation posted on Homeport) The 2010 DRAFT ACP is posted on the Sector s Homeport page along with all attachments. The ACP still has some work needed in Sections 4000 and Once these are completed they will be posted as well. Draft copies have been provided to the States for their review. Feedback is welcome from all and may be sent to Ron by mid- September. By the end of September the final product should be ready and will be presented to the AC Executive Steering Committee for approval and signature. The ACP update process involved many changes accumulated form AC meetings, PREP Drill, GRP workgroups and drills, CG HQ guidance, work with the Port of Providence Marine Strike Team, outreach to volunteer organizations on Cape Cod and in RI as well as the review conducted by the Preparedness Measurement Tool workgroup. The CG organization has been updated throughout the plan to reflect Sectors and modernization, hyperlinks have been refreshed, actual resource lists and contact information are now directly provided in the ACP, a common D1 public affairs section has been added, references to new plans such as the MTSR and Salvage Plans has been added and updated guidance on Places of Refuge, Marine Fire Fighting, National Historic Properties, Group V oils have been included. Case Study: F/V ESS PURSUIT: Andy Jones, MA DEP Andy provided a background and briefing on the Fishing Vessel ESS PURSUIT sulphur 4

5 mustard response. (See presentation posted on Homeport) One question about the case was in regard to the reason the trailers were not decontaminated at the disposal facilities but rather brought back to MA to be decontaminated. There were limitations on decontaminating the trailers at the offload facility in that they were not equipped to do it and that by bringing them back to MA and keeping the refrigerated during the trip, there was able to be oversight by MA Public Health and MA DEP. Louis Elisa of the MA Governor s Seaport Advisory Council commented that the case occurred during a time when 3000 people were due at the waterfront for a festival. He also stated the need for more outreach to the fishermen and maritime community on how to handle such incidents in the future. He mentioned that EPA had fact sheets on safety that they were able to hand out. LT Eric Runyon, MSD New Bedford Supervisor, mentioned that his Fishing Vessel Examiner has been distributing the Department of Defense protocol for how to deal with unexploded ammunition to the fishing fleet. ets MAJ Martin Spellacy, Commander MANG 1 st CST, talked about the CST involvement with the incident. He mentioned that initially there seemed to be tunnel communications going on within agencies. He did not get notified directly but got called from the Navy EOD when they were called. The protocol needs to be reviewed and notifications chain needs to be addressed for these incidents. Dave Ladd, MA DFS mentioned that this is going to happen again, we have had several incidents of fishermen dredging ordnance up recently and we need to pre-plan more for this scenario. The first person to recognize that this was a sulphur mustard incident was a nurse at the hospital in New Bedford where the exposed crewman was taken. She recognized the symptoms from a MA Public Health poster and initiated the notifications protocols. One challenge the CST faced was that the Captain did not want to leave his vessel due to concerns about his anchor holding. Once this was addressed, he and another crewmember were finally removed. The recent joint training with RI DEM during Vigilant Hope paid off. MAJ Spellacy mentioned that it was the EPA who stood up for the lead in dealing with the press. Elise Jakabhazy, US EPA, stated that is was fortunate that MA Public Health placed an embargo on the offloaded clams. Otherwise it would have been much more difficult to track down where they went. One item they found out during the response was that there are only 12 refrigerated hazmat trailers in the country. They needed 17 to dispose of the clams and had to get a waiver to use food grade trucks with a decontamination plan to get them back into service afterwards. Elise mentioned that it was CBP who helped locate the trailers through their contacts with shipping companies they inspect at the ports. Elise stated that it was great to have the Port of Providence Marine Strike Team assistance the first day. Their work was invaluable and they also stepped up to help with the public affairs. Louis Elisa mentioned the need to keep up the communications with port stakeholders throughout these incidents, the coordination makes the difference. Chief Brian Faria, New Bedford FD said he was impressed with the coordination. His concern during the incident was the time it took overall to mitigate the threat. He was 5

6 concerned about the vulnerability to the port with the potential threat sitting there and said security should be a consideration in the future. CAPT Gifford expressed his thanks to all of the agencies involved and for the work of the EPA behind the scenes afterward dealing with the decontamination operations. Review of Decisions Made and New Action Items: SONS 2010 Exercise After Action Report to be reviewed at the ME/NH AC Seminar Exercise Vigilant Hope 2010 After Action Report undergoing final review Future events: URI Deepwater Horizon Symposium September 29, 2010 Clean Gulf Conference ( October 18-20, Tampa, FL International Oil Spill Conference ( May 23-26, 2011, Portland, OR PREP Industry Led FSE June 2011 (Tentative) INDUSTRY SPONSOR NEEDED! PREP/AMSTEP TTX September 2012 (Tentative) Next Meetings: December 2, 2010 (Tentative) March 3, 2011 (Tentative) June 2, 2011 (Tentative) Links: Sector Southeastern New England webpage: RRT 1 website: Mass DEP: Mass Oil Spill Act Advisory Committee: Mass GRPs: RI DEM: RI GRP: Updated CG Vessel/Facility Response Plan Final Rules: 6