OSC Readiness Training November Navigating the USCG s NPFC Policies on Accessing the OSLTF

Similar documents
WHEN A DISCHARGE OR RELEASE OCCURS

An FOSC s Guide to Environmental Response. Compiled and formatted by

NRT. Scientific Support Coordinator (SSC) during an Emergency Response: The Role of the SSC. Guidance Document. September 27, 2007

2100 Second St., SW Washington, DC Staff Symbol: G-MEP Phone: (202) United States U.S. Coast Guard NOV /11

Introduction. Oil and Hazardous Materials Incident Annex. Coordinating Agencies: Cooperating Agencies:

Pre Spill Planning. Rick Dawson DOI-ORDA Asst. Office Director

Oil and Hazardous Substance Incident Contingency Plan

SECTION 2000 COMMAND TABLE OF CONTENTS Responsible Party (RP) Representative Guidance for Setting Response Objectives

Oil and Chemical Spills: Federal Emergency Response Framework

Non-EPA/USCG Response Under the NCP

LETTER OF AGREEMENT ON LIMITED USE OF DISPERSANTS AND CHEMICAL AGENTS DURING OIL DISCHARGES OCCURRING IN COASTAL WATERS

Oil Spill Response. 15 th Annual OSC Readiness Training Program.

Marine Protection Rules Part 130B Oil Transfer Site Marine Oil Spill Contingency Plans

Assessment of Oil Spill Response and Cleanup Activities in the Great Lakes

OIL/PETROLEUM PRODUCTS SPILL RESPONSE PLAN

Mississippi Emergency Support Function #10 Oil and Hazardous Materials

Overview of USCG Response Program EPA OSC Conference 2012 LCDR Shaun Edwards

Emergency Support Function #10 Hazardous Materials Annex

S One Hundred Seventh Congress of the United States of America AT THE FIRST SESSION

DoD and EPA Management Principles for Implementing Response Actions at Closed, Transferring, and Transferred (CTT) Ranges

FOSC-R Training. Outline Part I

EPA's Radiological Emergency Response Program

OSHA s Roles and Activities in Protecting the Safety and Health of Workers during Disaster Response

UPPER MISSISSIPPI RIVER POOL 10

LETTER OF PROMULGATION

Foreword. Mario P. Fiori Assistant Secretary of the Army (Installations and Environment)

State of South Carolina. Contingency Plan

Name, title, and address of authorized agent if different from item 1 (include zip code) Jim Gill, COO Bitterroot Trails, LLC

STANDARD FORM 299 (05/09) Prescribed by DOI/USDA/DOT FORM APPROVED OMB NO ON FEDERAL LANDS. FOR AGENCY USE ONLY Application Number

SECTION 1 INTRODUCTION. A Guide to the SPCC Regulation

Federal official predesignated to coordinate and direct federal responses

Template modified: 27 May :30 BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE POLICY DIRECTIVE JULY 1994.

SECTION HAZARDOUS MATERIALS HEALTH AND SAFETY PLAN

Final Environmental Restoration Program Recordkeeping Manual

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

U.S. Coast Guard Marine Safety Unit Toledo 2014 PREP FSE

Tribal Engagement and the Region 10 Regional Response Team and Northwest Area Committee

Department of Defense DIRECTIVE. SUBJECT: Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L))

Army. Environmental. Cleanup. Strategy

Oil Spill Liability Trust Fund Disbursements for FY 2016

BY ORDER OF THE AIR FORCE POLICY DIRECTIVE SECRETARY OF THE AIR FORCE 20 JULY 1994

Department of Defense INSTRUCTION

Kanawha Putnam Emergency Management Plan Functional Annex. (completed by plan authors) Local / County Office of Emergency Management

MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

The National Response Team's Integrated Contingency Plan Guidance

Voluntary Remediation Program (VRP) Application

Name Change from the Office of Solid Waste and Emergency Response (OSWER) to the

DOD INSTRUCTION DOD LOW-LEVEL RADIOACTIVE WASTE (LLRW) PROGRAM

Aberdeen Harbour Board

AGENCY: Environmental Protection Agency (EPA), U.S. Coast Guard (USCG), Administration (RSPA), Occupational Safety and Health Administration (OSHA)

Non-Federal Cost Share Match Program Grant Implementation Checklist

Makah Tribal Council Office of Marine Affairs. EPA Region a Tribal Response Program

Blase Leven KSU TAB Program Mickey Hartnett MAP/Envirofields Mary Ahlstrom MAP/MA Environmental May 21-23, 2012

Terrorism Incident Annex

ATTACHMENT C TO THE SOUTH CAROLINA EMERGENCY OPERATIONS PLAN AUTHORITIES AND REFERENCES

REPORTING AND INVESTIGATION OF MARINE CASUALTIES WHERE THE UNITED STATES IS A SUBSTANTIALLY INTERESTED STATE (SIS)

SUMMARY: The Coast Guard is establishing a temporary safety zone on the Upper Mississippi

ESF 10 - Oil and Hazardous Materials

USE OF VOLUNTEERS GUIDELINES FOR OIL SPILLS

Safety Zone, Barrel Recovery, Lake Superior; Duluth, MN. SUMMARY: The Coast Guard is establishing a temporary safety zone

CANADA-UNITED STATES JOINT MARINE POLLUTION CONTINGENCY PLAN (JCP)

MARINE SAFETY MANAGEMENT SYSTEM

CERCLA Law on The Agency for Toxic Substances and Disease Registry

ENVIRONMENTAL COMPLIANCE AND PROTECTION PROGRAM

USEPA Region 6, USCG, TGLO & TCEQ Disaster Response Procedures DRAFT Revision 2

Region II (NY/NJ) Regional Response Team. Regional Oil and Hazardous Substances Pollution Contingency Plan

SECTION THREE: THE FEDERAL RESPONSE TO AN EMERGENCY OR MAJOR DISASTER DECLARATION

SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) is issuing a final

STATE EMERGENCY FUNCTION (SEF) 10 HAZARDOUS MATERIALS. I. Lead Agency: Colorado Department of Public Safety (CDPS), Colorado State Patrol (CSP).

Caribbean Regional Response Team. Regional Oil and Hazardous Substances Pollution Contingency Plan December 2014 (Revised February 2016)

NORTH CAROLINA RESPONSE COORDINATION FOR THE DEEPWATER HORIZON INCIDENT (DHI)

ATTACHMENT C TO THE SOUTH CAROLINA EMERGENCY OPERATIONS PLAN AUTHORITIES AND REFERENCES

Association of State and Territorial Solid Waste Management Officials State Federal Coordination Focus Group and Removal Action Focus Group

PIPES Act of 2006 Redline of 49 USC CHAPTER SAFETY 49 USC CHAPTER SAFETY 01/19/04 CHAPTER SAFETY

Big Sky Economic Development Authority Brownfields Project

APPENDIX A ABBREVIATIONS & DEFINITIONS

Incident Command System Finance/Administration Section Chief (FSC)

FOSC Prince William Sound January 31, CDR Michael. R. Franklin CG Marine Safety Unit Valdez

Emergency Support Function (ESF) 16 Law Enforcement

SECTION 5 REFINERY EMERGENCY RESPONSE ORGANIZATIONS

DHS Publishes Semiannual Regulatory Agenda

Inyo County Environmental Health Services

Department of Defense DIRECTIVE

Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress

ANNEX Q HAZARDOUS MATERIALS & OIL SPILL RESPONSE

Licensing of Operators of Solid Waste Management Facilities and Illegal Dumps Control Officers

SUMMARY: The Captain of the Port of New Orleans (COTP New. Orleans), under the authority of the Magnuson Act,, established

Incident Command System Incident Commander (IC)

RRT 2 REGIONAL RESPONSE TEAM ANNUAL REPORT. January 1, 2003 through December 31, 2003

Caspian Sea Plan Concerning Regional Co-operation in Combating Oil Pollution in Cases of Emergency

National Incident Commander s Report: MC252 Deepwater Horizon

2015 Annual Report to the Legislature:

National Pollution Funds Center Job Aid For completing the electronic version of the CG-5136

JAG COVER SHEET. FILE NAME : CampPend.pdf CAMP PENDLETON MARINE CORPS BASE. Title : DoD, Navy, Marines, California, CA. Author :

HORICON MARSH INITIAL INCIDENT ACTION PLAN (IAP)

TRIPR FLAMMABLE LIQUID UNIT TRAINS

Grants Management Training for Non Profit Applicants and Recipients EPA s Vision and Overview of This Course

Uniform Bid Process and Contractor Relations

FY2016 AFRC FORT WADSWORTH


Transcription:

OSC Readiness Training November 2004 Navigating the USCG s NPFC Policies on Accessing the OSLTF

Course Overview Oil Spill Response Process Federal Oil Spill Response NCP Operational Response Phases for Oil Removal (Subpart D) Phases I-IV Identifying the Responsible Party (RP) Accessing the OSLTF Funding Tools

Course Overview contd. State Access to the OSLTF (33 CFR 133) Claims Process (33 CFR 136) Cost Documentation Cost Recovery Summary and Questions List of Attachments

Oil Response Process Quick Overview Similar to NCP Processes as CERCLA Responses Two Important Differences Clean Water Act Program Funding via IAG with USCG Threshold Issues Determine Environmental Impact/Threat Determine if Response is Appropriate Ensure it Gets Done (RP, state/local/tribe, EPA) Funding Proper Documentation

Oil Spill Response Process What s an Oil? OPA 90 definition 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, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under CERCLA.

Oil Spill Response Process contd. What s a Hazardous Substance? CERCLA specifically excludes oil and natural gas. 40 CFR 101(14)(F). The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

Oil Spill Response Process contd. Authorities Oil Spill Cleanup Authority Federal Water Pollution Control Act (FWPCA) 311(c), as amended by the Oil Pollution Control Act of 1990 (OPA 90), 33 U.S.C. 1321(c). to remove a discharge, and to mitigate or prevent a substantial threat of a discharge, or oil to navigable waters or adjoining shorelines. National Pollution Funds Center (NPFC) Fiduciary Authority Section 7 of Executive Order 12777 delegates authority for management of the Oil Spill Liability Trust Fund (OSLTF) to the Secretary of the Department in which the Coast Guard is operating, and this authority is exercised within the Coast Guard by NPFC.

Federal Oil Spill Response National Contingency Plan (NCP) Emergency Response Classic Discharge Removal Responses Discharge Substantial Threat of Discharge

Federal Oil Spill Response contd. Long-Term Planning and Use of Fund OPA 90 Removal Project Plan (RPP) HQ Review of RPP for Plans over $250,000 Send to Lori Lee and Regional Coordinator

NCP Operational Response Phases for Oil Removal (Subpart D) Phase I Discovery or Notification Phase II Preliminary Assessment and Initiation of Action Phase III Containment, Countermeasures, Cleanup and Disposal Phase IV Documentation and Cost Recovery

Discovery or Notification (Phase I) How Discovered Notification

Discovery or Notification (Phase I) contd. Federal Response Administrative Requirements Oil Spill Response Account Federal Project Number (FPN) EPA Site-Specific Reimbursable Account Number

Preliminary Assessment and Initiation of Action (Phase II) OSC Responsibilities Initiate Preliminary Assessment Evaluate magnitude and severity of the spill Determine feasibility of removal Discharge? Substantial Threat of Discharge? Identify Responsible Party Maintain Authority Notify Natural Resource Trustees

Containment, Countermeasures, Cleanup and Disposal (Phase III) Prevent, Minimize or Mitigate Threat Recover Oil or Mitigate Effects Disposal of Oil and Contaminated Materials

Documentation and Cost Recovery (Phase IV) Documentation to Support Full Cost Recovery Oil Spill Response Case Documentation Support both the work performed on site and the cost of completing those actions. Oil Spill Response Project Documentation Activities performed on site Oil Spill Response Cost Documentation Costs incurred on site (or in support of)

Documentation and Cost Recovery (Phase IV) contd. Documentation for Use by Natural Resource Trustees Documentation to NPFC on Regular Basis Project Documentation for Responses with Costs Exceeding $100,000 POLREPs also include on WebOSC WebOSChttp://intranet.epa.gov/swercep2/eoc/webeoc.htm

Documentation and Cost Recovery (Phase IV) POLREPs What are POLREPs Types of POLREPs Initial Progress Special Final Who Prepares Who Uses Information Requirements

Documentation and Cost Recovery (Phase IV) contd. OPA 90 Removal Project Plan Close Out Process Documentation Request for Oil Spill Response Site Closure Site Completion and Closure Statement Additional Removal Cost Documentation

Identifying the Responsible Party (RP) OSC Determinations Regarding Vessel or Facility Source of Discharge or Substantial Threat of Discharge Operational or Abandoned Operational RP any person owning or operating Abandoned RP the person who would have been responsible parties immediately prior to the abandonment of the vessel or facility (40 CFR 300.5 Definitions)

Identifying the Responsible Party (RP) contd. RP Identified Continue removal response activities in an enforcement mode Legal Notice to Suspect Discharger OSC Issues Notice of Federal Interest 311(c) order 311(e) order

Accessing the OSLTF CANAPS Ceiling And Numbering Assignment Processing System Consider EPA, Contractor and Other Costs New FPNs will be limited to $50,000 Higher ceilings must be entered by NPFC Case Officer Contact USCG District Fund Administrator to Obtain FPN and project ceiling Exchange Information with USCG-NPFC Case officer assigned to support OSC

Accessing the OSLTF contd. Regional/HQ Administrative Program EPA Site Specific Reimbursable Account Number Regional Oil Program Funds Available Regional Contracts Program ERRS contract capacity or ceiling START contract capacity

Funding Tools Memorandum of Understanding Multi-Incident IAG (a.k.a. National or Umbrella IAG) Contract Tools ERRS START Notice to Proceed Letter Contract Procurement Request PFRA (NOT a contract, see next page)

PFRA - Pollution Removal Funding Authorization OSLTF Funding Tool; Not a Contract May only be used with Local, State or Federal Governments 2 Form Types; Federal and Non-Federal OSC Makes Determination if Requested Work Falls Under NCP and OPA 90 OSC Oversees and Approves Work

State Access to the OSLTF (33 CFR 133) OSC Facilitates Access Determines that event is an OPA incident Obtains ceiling and FPN from CANAPS Introduces State s rep to USCG-NPFC Case Officer Allows Direct Access to the Fund Limits $250,000/incident for an Immediate Removal Conducts the Cleanup Forwards paperwork to OSC and NPFC

Claims Process (33 CFR 136) Any person can file a claim for reimbursement Uncompensated removal costs Uncompensated damages Person must first submit to RP State may submit directly to NPFC OSC coordination for NPC consistency

Cost Documentation Oil Spill Response Cost Documentation SCORPIOS summary reports Payroll distribution timesheets Travel vouchers Contractor invoices Renegotiated Cost Documentation Process CFMC provides NPFC with SCORPIOS Summary Reports Region provides NPFC with a full cost package, it required

Cost Recovery Polluter Pays Recover Removal Costs and Damages Incurred by the OSLTF from RP OSC Case Package NPFC Billing Process Case documents key to NPFC efforts RP Defenses (RP has burden of proof) Sole fault third-party Act of War Act of God

Cost Recovery contd. Collection Methods Payment plan Debt Management Service Treasury Offset Program DOJ referrals ($100K) Statute of Limitations 3 years from removal completion Ability to pay considerations COMMUNICATION IS KEY

Summary and Questions Summary Questions

Exercises Four scenarios Designed to emphasize different parts of the Oil Response Process including the administrative aspects Each group will elect a spokesperson to report out to the group NPFC can weigh-in on the proposed solutions

List of Attachments National Contingency Plan (40 CFR 300) Draft Threshold Issue Paper (latest version and summary of comments) Scenarios for Group In-Class Exercise Scenario 1 Oil and Hazardous Substances Present Scenario 2 MPG plant Scenario 3 RP search Scenario 4 Substantial Threat POLREP Fact Sheet (June 1994)

List of Attachments contd. 33 CFR 133 Oil Spill Liability Trust Fund; State Access 33 CFR 136 Oil Spill Liability Trust Fund; Claims Procedures Legal Notice to Suspected Discharger Pollution Removal Funding Authorization