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

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

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

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

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

Federal official predesignated to coordinate and direct federal responses

NEPA AND PRIVATE AIDS TO NAVIGATION

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

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

LETTER OF PROMULGATION

APPENDIX A ABBREVIATIONS & DEFINITIONS

Non-EPA/USCG Response Under the NCP

Central Authorities Local Authorites

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

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

Nontank Vessel Response Plans (NTVRP) Frequently Asked Questions December 2, 2013 (Updated January 27, 2014)

Emergency Support Function #10 Hazardous Materials Annex

OIL/PETROLEUM PRODUCTS SPILL RESPONSE PLAN

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

Marine Emergency Preparedness and Response. Canadian Coast Guard Presentation at the First Nations and Oil Pipeline Development Summit

Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil, (33 Code of Federal Regulations Part 155), December 31, 2008

7 IA 7 Hazardous Materials. (Accidental Release)

Mississippi Emergency Support Function #10 Oil and Hazardous Materials

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

REGION III REGIONAL RESPONSE TEAM GUIDANCE FOR LIMITED JONES ACT WAIVERS DURING POLLUTION RESPONSE ACTIONS

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

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

Department of Defense DIRECTIVE

Department of Defense INSTRUCTION

Oil and Chemical Spills: Federal Emergency Response Framework

SOUTH FLORIDA/CARIBBEAN COOPERATIVE ECOSYSTEM STUDIES UNIT AMENDMENT TWO TO COOPERATIVE AGREEMENT. between

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW HOUSE BILL 484

Northwest Area Contingency Plan

FOSC-R Training. Outline Part I

Region 10 Regional Response Team/ Northwest Area Committee 2005 Strategic Plan. March 2008 Revision

Mr. Mike Faulkner National Response Team USEPA Headquarters OEM/MC 5104A 1200 Pennsylvania Avenue, NW Washington, DC Dear Mr.

Pacific States/British Columbia Oil Spill Task Force. Mutual Aid Agreement

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

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

MARINE SAFETY MANAGEMENT SYSTEM

UPPER MISSISSIPPI RIVER POOL 10

PUBLIC NOTICE Application for Permit

The DEP has four main regulations that relate to pipeline construction.

CRS Report for Congress

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

State of South Carolina. Contingency Plan

Department of Defense DIRECTIVE

Anchoring (and Mooring) Away: Government Regulation and the Rights of Navigation in Florida

(No. 147) (Approved July 15, 1999) AN ACT

Transboundary Spill Preparedness & Response

Maritime Risk Symposium Public & Private Partnerships. Bethann Rooney The Port Authority of NY & NJ November 7, 2011

MEXUSPLAN MEXUSPAC. 2nd Mexican Naval Zone/Segunda Zona Naval Ensenada, Baja California, Mexico 11th Coast Guard District Alameda, California, USA

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

Public Notice U.S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

TRIPR FLAMMABLE LIQUID UNIT TRAINS

Scott Vaughan, Commissioner of the Environment and Sustainable Development Jim McKenzie, Principal Office of the Auditor General

Oil and Hazardous Substance Incident Contingency Plan

National Oil Spill Contingency Plan Operations

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

Small Entity Compliance Guide. Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters

Northwest Area Contingency Plan

Department of Defense DIRECTIVE

Vessel Traffic Service Act (623/2005)

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

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

Charleston Area Contingency Plan January 2011 REVISION

LOCAL GOVERNMENT MARINE OIL SPILL CONTINGENCY PLAN (LGMOSCP) ANNEX

Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil, (33 Code of Federal Regulations Part 155), December 31, 2008

HORICON MARSH INITIAL INCIDENT ACTION PLAN (IAP)

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

Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to. SUMMARY: The Coast Guard is establishing a temporary safety

ESF 10 - Oil and Hazardous Materials

US ARMY CORPS OF ENGINEERS PERMITTING ARTIFICIAL REEFS

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

2017 Oceania Regional Response Team OPERATIONS MANUAL

Appendix C: Public Participation

PART II THE COASTAL ZONE MANAGEMENT ACT

Emergency Support Function #13 - Public Safety and Security

Commandant. Subj: EXTENSION OF IMPLEMENT A non SCHEDULE FOR VESSELS SUBJECT TO BALLAST WATER MANAGEMENT (BWM) DISCHARGE STANDARDS

U.S. Army Corps of Engineers Navigation Program Update

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

Florida Clean Marina and Clean Vessel Act Programs

PUBLIC NOTICE. Attn: Mr. Christopher Layton 1200 Duck Road Duck, North Carolina CB&I 4038 Masonboro Loop Road Wilmington, North Carolina 28409

Office of Coast Survey. Nautical Charting of Artificial Reefs

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

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

MEMORANDUM OF AGREEMENT Between The Commonwealth of Massachusetts And The United States Army and National Guard Bureau

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

DEPARTMENT OF THE ARMY GENERAL PERMIT

IA5. Hazardous Materials (Accidental Release)

Chapter 5 DOMESTIC OPERATIONS

Lisa Mangione is a Senior Regulatory Project Manager with the Army Corps of Engineers Los Angeles District. She has over 25 years of professional

DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT 1590 ADAMSON PARKWAY, SUITE 200 MORROW, GEORGIA FEB O

DEPARTMENT OF THE ARMY NEW ORLEANS DISTRICT, CORPS OF ENGINEERS P. O. BOX NEW ORLEANS, LOUISIANA August 25, 2014 PUBLIC NOTICE

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

DEP has three main regulatory chapters that relate to pipeline construction.

Figure 2-1 Call-Down Sequence for Spill Reporting 2-2 Figure 2-2 Initial Spill Report Form 2-5

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

GAO COMBATING TERRORISM. Use of National Guard Response Teams Is Unclear. Report to Congressional Requesters. United States General Accounting Office

[FWS R4 ES 2018 N015; FVHC XXX FF04G01000] Notice of Availability; Florida Trustee Implementation Group Deepwater Horizon

COORDINATION PLAN. As of November 14, 2011

Transcription:

LETTER OF AGREEMENT ON LIMITED USE OF DISPERSANTS AND CHEMICAL AGENTS DURING OIL DISCHARGES OCCURRING IN COASTAL WATERS AMONG U. S. COAST GUARD (USCG) - SEVENTH DISTRICT, U.S. ENVIRONMENTAL PROTECTION AGENCY (USEPA) REGION II, U.S. DEPARTMENT OF THE INTERIOR (USDOI), U.S. DEPARTMENT OF COMMERCE (USDOC) AND THE COMMONWEALTH OF PUERTO RICO 100. PURPOSE 101. This Letter of Agreement implements Subpart J of the National Oil and Hazardous Substances Contingency Plan (NCP) and provides pre-authorization for the limited use of dispersants and other chemical agents by the pre-designated USCG On Scene Coordinator (OSC) on oil discharges impacting the waters of the Commonwealth of Puerto Rico. 200. AUTHORITY 201. Subpart J of the National Oil and Hazardous Substances Contingency Plan (NCP) provides that the On Scene Coordinator (OSC), with the concurrence of the USEPA representative to the Regional Response Team and the States with jurisdiction over the navigable waters threatened by the oil discharge, and in consultation with the USDOC and USDOI natural resource trustees, may authorize the use of dispersants and other chemical agents on oil discharges; provided however, that such dispersants or chemical agents are listed on the USEPA NCP Product Schedule. Commander, Seventh Coast Guard District has pre-designated the USCG Captain of the Port (COTP) under his jurisdiction as the On Scene Coordinator (OSC) for oil discharges in the coastal zone, and has delegated him the authority and responsibility for compliance with the Oil Pollution Act of 1990 (OPA 90). The Governor of the Commonwealth of Puerto Rico, in turn, has designated the Secretary of Natural Resources to act on behalf of the public as trustee for natural resources under the Oil Pollution Act of 1990 (OPA 90). The Secretary of the Department of Natural Resources (PRDNR) is responsible for the protection and management of fish and wildlife resources, endangered species, forests, coastal reserves and bathing beaches under Commonwealth laws.

202. The USEPA has been delegated authority under Subpart J of the National Contingency Plan to authorize the use of dispersants or chemical agents for the control of oil discharges, and to list which dispersants or chemical agents are authorized to be used for this purpose. The U.S. Department of the Interior (USDOI) and the U.S. Department of Commerce (USDOC) are designated Federal trustees of certain natural resources under Subpart G of the NCP and are to be consulted regarding natural resources. In such cases, this Agreement constitutes pre-consultation and preconcurrence for the use of dispersants or chemical agents. 300. SCOPE 301. The USCG, USEPA, USDOI, USDOC, and PRDNR agree that the primary method of controlling discharged oil shall be the physical removal of the oil from the environment. These agencies recognize that in certain instances the physical containment, collection, and removal of the oil may not be possible, and the effective use of dispersants or other chemical agents must be considered to prevent substantial threat to public health or welfare, or minimize serious environmental damage. This Agreement establishes criteria under which USEPA listed dispersants or chemical agents can be used on or in the waters of the Commonwealth of Puerto Rico. 400. PROTOCOLS 401. As attested by the signatures set forth below, the USCG, USEPA, USDOC, and the PRDNR agree that the pre-designated USCG On Scene Coordinator has pre-approval to order the use of dispersants or chemical agents on oil discharges, as defined in the National Contingency Plan, when in the judgement of the USCG On Scene Coordinator, the use of dispersants or chemical agents is necessary to prevent substantial threat to public health or welfare, or minimize serious environmental damage, subject to the conditions presented in this document. 402. The OSC shall arrive at his decision to use dispersants through the decision making process and information gathering scheme as detailed in Subpart J of the Region II Regional Contingency Plan (Part 2600 of the USCG Local Contingency Plan). 403. The USCG agrees with USEPA, USDOI, USDOC, and PRDNR that if a decision has been made to use dispersants under the provisions of this agreement, the OSC will immediately notify USEPA, USDOI, USDOC, and PRDNR of that decision. This initial notification will include, but is not limited to, the following information to the extent available: a. Date, time, and location of the incident;

b. Type and amount of oil discharged; c. Area affected; d. The projected area of impact of the oil if not dispersed; e. Reasons why dispersants or chemical agents have been selected; f. Type of dispersant to be used; g. Application method, rate, and amount; h. On scene weather observations. 404. The Secretary of the PRDNR or his representative will immediately notify the Puerto Rico Scientific Advisory Committee. The Scientific Advisory Committee will evaluate the environmental impact of the use of the dispersant or chemical agent with respect to the minimization of impact on environmentally sensitive area, economically important areas, beaches, or other areas of interest. 405. The USCG, USEPA, USDOI, USDOC, and PRDNR further agree the OSC had pre-approval to order the use of dispersants or chemical agents, subject to the following conditions: 405.1 The use of dispersants or chemical agents is authorized only after all methods of physical or mechanical removal are judged by the OSC to be infeasible. 405.2 The pre-designated authority to use dispersants or chemical agents on oil discharges in accordance with this Agreement is vested solely in the individual who is the pre-designated USCG OSC. This authority will not be delegated. 405.3 The decision to use dispersants or chemical agents shall be made only after consulting the Puerto Rico Coastal Atlas for Sensitivity of Coastal Environments and Wildlife to Spilled Oil and the decision guidelines for dispersants use detailed in Subpart J of the Region II Regional Contingency Plan (Part 2600 of the USCG Local Contingency Plan). 405.4 Dispersants or chemical agents will be used only when they are expected to prevent or minimize substantial threat to public health or welfare, or serious environmental damage. 405.5 Dispersants or chemical agents may be used only in open waters that are at least 0.5 nautical miles from any shoreline and where the water depth is greater than 60 feet deep.

405.6 Dispersants or chemical agents shall not be used in, on, or over waters containing reefs; waters designated as marine reserves; mangrove areas; or waters in coastal wetlands; except with the prior and express concurrence of the PRDNR and USEPA, in consultation with USDOC and USDOI. Coastal wetlands include: 1) Submerged algae beds (rocky or unconsolidated bottom) 2) Submerged seagrass beds 3) Coral reefs 405.7 Dispersants or chemical agents shall not be used in fresh or brackish waters. 405.8 As a general rule, if a discharge is too small to be removed by alternative mechanical methods, it is too small to consider the application of dispersants or chemical agents. 405.9 Sinking agents are not dispersants and shall not be considered as authorized chemical agents. Use of sinking agents is expressly prohibited by this Agreement and the National Contingency Plan. 405.10 If an oil discharge poses an imminent threat to a sensitive area restricted by protocol 405.5, the USCG OSC must contact USEPA and PRDNR for concurrence, and consult with USDOC and USDOI. If USEPA and PRDNR disagree, the opinion of PRDNR shall prevail. If PRDNR provides no answer within 4 hours, EPA's decision will prevail. In the event that neither PRDNR nor EPA can provide an answer within 4 hours, the USCG OSC may proceed with the dispersant or chemical agent application if the threat represents a substantial threat to public health or welfare, or serious environmental damage is imminent if dispersants or chemical agents are not used. 405.11 Any use of dispersants or chemical agents requires that a post incident debriefing take place within 45 days after the first application of dispersants or chemical agents. The debriefing will gather information concerning the effectiveness of the dispersant or chemical agent used, the effectiveness of the application program at preventing environmental damage, and whether any changes or modifications to this Agreement are necessary. The debriefing will be

chaired by the PRDNR and shall include the incident specific Regional Response Team (RRT). The results of the debrief will be included in the OSC Report. 406. The USCG OSC shall make every effort to continuously evaluate the decision to use dispersants or chemical agents by considering the advice of the USEPA, USDOI, USDOC, PRDNR, the other members of the Caribbean Regional Response Team, and any other agencies, groups, or information sources which may be available. 500. AMENDMENTS 501. This Letter of Agreement may be amended in whole or in part as mutually agreeable to all parties thereto. 600. CANCELLATION 601. This Letter of Agreement may be canceled in whole or in part by any of the participating agencies. Cancellation will take place 30 days following delivery of written notification to each of the agencies participating in this Letter of Agreement. _/s/ Captain Zawadzki Chief, Marine Safety Division Seventh Coast Guard District 11/13/91 /s/ Mr. Richard Salkie Associate Director, Removal and Emergency Preparedness Programs U.S. Environmental Protection Agency Region II 11/13/91 /s/ Mr. Gregory Hogue U.S. Department of the Interior Caribbean RRT Representative 11/13/91 /s/ Mr. Waynon Johnson U.S. Department of Commerce Caribbean RRT Representative 11/13/91

/s/ Santos Rohena-Betancourt Secretary, Department of Natural Resources Commonwealth of Puerto Rico 11/13/91 /s/ Genaro Torres Environmental Quality Board Commonwealth of Puerto Rico 6/5/95

LETTER OF AGREEMENT ON LIMITED USE OF DISPERSANTS AND CHEMICAL AGENTS DURING OIL DISCHARGES OCCURRING IN THE COASTAL WATERS AMONG U.S. COAST GUARD (USCG) - SEVENTH DISTRICT, U.S. ENVIRONMENTAL PROTECTION AGENCY (USEPA) - REGION II, U.S. DEPARTMENT OF THE INTERIOR (USDOI), U.S. DEPARTMENT OF COMMERCE (USDOC), AND THE TERRITORY OF THE UNITED STATES VIRGIN ISLANDS 100. PURPOSE 101. This Letter of Agreement implements Subpart J of the National Oil and Hazardous Substances Contingency Plan (NCP) and provides pre-authorization for the limited use of dispersants and other chemical agents by the pre-designated USCG On-Scene Coordinator (OSC) on oil discharges impacting the waters of the Territory of the U.S. Virgin Islands. 200. AUTHORITY 201. Subpart J of the National Oil and Hazardous Substances Contingency Plan (NCP) provides that the On Scene Coordinator (OSC), with the concurrence of the USEPA representative to the Regional Response Team and the States with jurisdiction over the navigable waters threatened by the oil discharge, and in consultation with the USDOC and USDOI natural resource trustees, may authorize the use of dispersants and other chemical agents on oil discharges; provided however, that such dispersants or chemical agents are listed on the USEPA NCP Product Schedule. Commander, Seventh Coast Guard District has pre-designated the USCG Captain of the Port (COTP) under his jurisdiction as the On Scene Coordinator (OSC) for oil discharges in the coastal zone, and has delegated him the authority and responsibility for compliance with the Oil Pollution Act of 1990 (OPA 90). The Legislature of the Territory of the U.S. Virgin Islands, in turn, has entrusted the responsibility for Oil Discharge Contingency Planning to the Department of Planning and Natural Resources (DPNR). 202. The USEPA has been delegated authority under Subpart J of the National Contingency Plan (NCP) to authorize the use of dispersants or chemical agents for the control of oil discharges, and to list which dispersants or chemical agents are authorized to be used for this purpose. The U.S. Department of the Interior (USDOI) and the U.S. Department of Commerce (USDOC) are designated Federal trustees of certain natural resources under Subpart G of the NCP and are to be consulted regarding natural resources. In such cases, this Agreement constitutes pre-consultation and pre-concurrence for the use of dispersants or chemical agents. 300. SCOPE

301. The USCG, USEPA, USDOI, USDOC and DPNR agree that the primary method of controlling discharged oil shall be the physical removal of the oil from the environment. These agencies recognize that in certain instances the physical containment, collection, and removal of the oil may not be possible, and the effective use of dispersants or other chemical agents must be considered to prevent substantial threat to public health or welfare, or minimize serious environmental damage. This Agreement establishes criteria under which USEPA listed dispersants or chemical agents can be used on or in the waters of the Territory of the U.S. Virgin Islands. 400. PROTOCOLS 401. As attested by the signatures set forth below, the USCG, USEPA, USDOI, USDOC, and DPNR agree that the pre-designated USCG On Scene Coordinator has pre-approval to order the use of dispersants or chemical agents on oil discharges, as defined in the National Contingency Plan, when in the judgement of the USCG On Scene Coordinator, the use of dispersants or chemical agents is necessary to prevent substantial threat to public health or welfare, or minimize serious environmental damage, subject to the conditions presented in this document. 402. The OSC shall arrive at his decision to use dispersants through the decision making process and information gathering scheme as detailed in Subpart J of the Region II Regional Contingency Plan (Part 2600 of the USCG Local Contingency Plan). 403. The USCG agrees with USEPA, USDOI, USDOC and DPNR that if a decision has been made to use dispersants under the provisions of this agreement, the OSC will immediately notify USEPA, USDOI, USDOC and DPNR of that decision. This initial notification will include, but is not limited to, the following information to the extent available: a. Date, time, and location of the incident; b. Type and amount of oil discharged; c. Area affected; d. The projected area of impact of the oil if not dispersed; e. Reasons why dispersants or chemical agents have been selected; f. Type of dispersant to be used; g. Application method, rate, and amount; h. On Scene weather observations. 404. The USCG, USEPA, USDOI, USDOC, and DPNR further agree the OSC has pre-approval to order the use of dispersants or chemical agents, subject to the following conditions: 404.1 The use of dispersants or chemical agents is authorized only after all methods of physical or mechanical removal are judged by the OSC to be infeasible.

404.2 The pre-designated authority to use dispersants or chemical agents on oil discharges in accordance with this Agreement is vested solely in the individual who is the pre-designated USCG OSC. This authority will not be delegated. 404.3 The decision to use dispersants or chemical agents shall be made only after consulting the Virgin Islands Oil Spill Sensitivity Atlas and the decision guidelines for dispersants use detailed in Subpart J of the Region II Regional Contingency Plan (Part 2600 of the USCG Local Contingency Plan). 404.4 Dispersants or chemical agents will be used only when they are expected to prevent or minimize substantial threat to public health or welfare, or serious environmental damage. 404.5 Dispersants or chemical agents may be used in open waters that are at least one mile from any shoreline or at least one mile from any reef which is less than 20 feet from the waters surface. In all cases where dispersants or chemical agents are used, the water depth in the application area must be greater than 60 feet deep. 404.6 Dispersants or chemical agents shall not be used in, on, or over waters containing reefs; waters designated as marine reserves; mangrove areas; or waters in coastal wetlands; except with the prior and express concurrence of DPNR and USEPA, in consultation with USDOC and USDOI. Coastal wetlands include: 1) Submerged algal beds (rocky or unconsolidated bottom) 2) Submerged seagrass beds 3) Coral reefs 404.7 Dispersants or chemical agents shall not be used in fresh or brackish waters. 404.8 As a general rule, if a discharge is too small to be removed by alternative mechanical methods, it is too small to consider the application of dispersants or chemical agents. 404.9 Sinking agents are not dispersants and shall not be considered as authorized chemical agents. Use of sinking agents is expressly prohibited by this Agreement and the National Contingency Plan. 404.10 If an oil discharge poses an imminent threat to a sensitive area restricted by protocol 404.5, the USCG OSC must contact USEPA and DPNR for concurrence, and will consult with USDOI and USDOC. If USEPA and DPNR

disagree, the opinion of DPNR shall prevail. If DPNR provides no answer within 4 hours, USEPA's decision will prevail. In the event that neither DPNR nor USEPA can provide an answer within 4 hours, the USCG OSC may proceed with the dispersant or chemical agent application if the threat represents a substantial threat to public health or welfare, or serious environmental damage is imminent if dispersants or chemical agents are not used. 404.11 Any use of dispersants or chemical agents requires that a post incident debriefing take place within 45 days after the first application of dispersants or chemical agents. The debriefing will gather information concerning the effectiveness of the application program at preventing environmental damage, and whether any changes or modifications to this Agreement are necessary. The debriefing will be chaired by DPNR and shall include the incident specific Regional Response Team (RRT). The results of the debrief will be included in the OSC Report. 405. The USCG OSC shall make every effort to continuously evaluate the decision to use dispersants or chemical agents by considering the advice of the USEPA, USDOI, USDOC, DPNR, the other members of the Caribbean Regional Response Team, and any other agencies, groups, or information sources which may be available. 500. AMENDMENTS 501. This Letter of Agreement may be amended in whole or in part as mutually agreeable to all parties thereto. 600. CANCELLATION 601. This Letter of Agreement may be canceled in whole or in part by any of the participating agencies. Cancellation will take place 30 days following delivery of written notification to each of the agencies participating in this Letter of Agreement. _/s/ Captain Zawadzki Chief, Marine Safety Division Seventh Coast Guard District 11/13/91 /s/ Mr. Richard Salkie Associate Director, Removal and Emergency Preparedness Programs U.S. Environmental Protection Agency Region II 11/13/91

/s/ Mr. Gregory Hogue U.S. Department of the Interior Caribbean RRT Representative 11/13/91 /s/ Mr. Waynon Johnson U.S. Department of Commerce Caribbean RRT Representative /s/ Mr. Roy Adams Commissioner Department of Planning and Natural Resources U.S. Virgin Islands 11/13/91 6/19/92