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VIRTUAL MEETING: June 4, 2020, 9:00am-11:00pm
LOCATION: Virtual – Microsoft Teams *Note: Please call-in 5-10 minutes to check-in prior to the meeting
AGENDA
I. Roll-call – Mr. Vince Cesario
II. FOSC Opening Remarks, CAPT Jo-Ann Burdian
III. Agency Highlights
IV. Local Coast Guard Response Team Activity Out-brief a. LCDR Daniel Delgado
V. National Contingency Plan (NCP)
a. Mr. Gary Andrew, Environmental Protection Agency – Region 4
VI. Resource Conservation and Recovery Act (RCRA) – COVID-19 Medical Waste a. Mr. Jeff Peleg, U.S. Ecology, Inc.
---------------------------------------- BREAK -----------------------------------------
VII. Agency Spotlight – CG District Seven Response Advisory Team (DRAT) a. Mr. Richard Lavigne, Supervisor DRAT
VIII. Results of CGHQ review of SE FL Area Contingency Plan (ACP) a. Mr. Vince Cesario
IX. Closing Remarks
Next Meeting (Tentative): October (Third Wed)
For more information see: https://homeport.uscg.mil/port-directory/miami
Regulatory Expertise
USCG COTP, FL DEP
NOAA, US F&W, USACE, OSHA, County DERMs
StakeholdersPorts, EOCs, FPL,
Volunteers, Tribal Nations, Wildlife Care Centers, Coastal Communities, Environmental Groups
Technical Expertise
OSROs, LEPCs, FL DOH, FWCC,
Regional Response Team IV
Academic Institutions
Opening Remarks
CAPT Jo-Ann Burdian
Captain of the Port / FOSC
Mr. Kenton BrownFL DEP / SOSC
RESPONSE TEAM ACTIVITY BRIEF
USCG SECTOR MIAMILCDR DANIEL DELGADO, INCIDENT MANAGEMENT DIVISION (IMD) CHIEF
RESPONSE ACTIVITY DATA
(SINCE JULY 2019)
Case Type #
NRC Notifications (All Pollution Types): 297
• Pollution Investigations: 87
• Verified cases: 87
• Erroneous/unverifiable/outside CG jurisdiction: 210
Federal Projects #
CPN (CERLA) Project Costs - $16,706.93 1
FPN (OSLTF) Project Ceiling $435,000, Project Costs - $253,943.06 11
GOVERNMENT INITIATED UNANNOUNCED EXERCISES (GIUE)
Activity #
GIUE 2
Unsuccessful 0
Successful (Nov, Feb) 2
CASE OF INTEREST
M/Y ANDIAMO FIRE
Incident Management Division received a report of a vessel fire at a marina in Biscayne Bay involving the 120’ Motor
Yacht ANDIAMO
IMD conducted an investigation after the fire was extinguished and found M/Y ANDIAMO had a maximum capacity
of 10, 566 gallons. It was later determined to have at least 7,500 gallons on board prompting FOSCR to deem it a
significant environmental threat.
The OSLTF was opened for $300,000 to remove the environmental threat.
Resolve Marine Group was contracted and removed approximately 3,000 gallons of oily waste.
OP SHEENING VICE
Identify facilities and vessels that fail to adhere to federal
reporting requirements for discharges and releases.
Patrolled Miami River simultaneously by land and by water
17 DEC 2019
17 JAN 2020
26 FEB 2020
MSIB 19-031
SAFETY AND CONDITION OF UNINSPECTED DECK BARGES
DECK BARGES MARCH 2019 TO PRESENT
Tug Victor P and Barge- Hard aground on Deerfield beach
Smiley Marine Services- Sank 3 times (sank a total of 5 times since DEC 2016)
SFI Crane Barge- Partially submerged and struck apartment with boom
Miami River Barge- Partially submerged
Barge Samsung- Sank
Lambert Brother barge- Partially submerged
Flying Eagle and Barge- Sank 2 times
Case Marine- Discharged hydraulic fluid
Mr. Gary AndrewU.S. Environmental Protection Agency
Region Response Team (RRT) IV Coordinator
National Contingency Plan
The National Contingency
Plan
June 4, 2020
SE Florida Area Committee
Planning and
Preparedness Perspective
History
• NCP first developed
in 1968 in response
to the massive oil
spill from the oil
tanker Torrey Canyon
• Provided the first
comprehensive
national system for oil
spill reporting and
response
13
The Torrey Canyon
The National Contingency Plan
• Requires three fundamental activities be performed:
– Response operations at the scene
– Notification and communication
– Preparedness, planning and coordination for response
• Applies to anyone who responds to a spill or release
• Applies to:
– Discharges of oil into navigable waters
– Releases into the environment of hazardous substances, pollutants or
contaminants
14
NCP Authorities
• Clean Water Act as amended by the Oil Pollution Control Act (OPA 90) and earlier clean water legislation
• The Comprehensive Environmental Response Compensation and Liability Act (CERCLA),a.k.a. “Superfund,” including the Emergency Planning and Community Right-to-know Act (EPCRA) amendments
15
NCP Response System Elements
• Industry Responders
• State/Local Governments
• Federal On-Scene
Coordinators
• Regional Response Teams
• National Response Team
Industry, State, and Local
Responders
• The NCP starts at the local level
• State, local, and industry responders take care of most responses to incidents involving releases of hazardous substances or discharges of oil
• If federal assistance is required, an OSC can be requested
Federal OSCs
• Only EPA, USCG, DOD, and DOE provide
federal On-Scene Coordinators (OSCs)
under the NCP for responses
– The agency providing the OSC will
differ depending on the nature of the
incident
( location, ownership of materials, etc.)
• EPA provides OSCs for incidents in the “inland
zone”
– Over 250 EPA OSCs nationwide with 28
EPA OSCs in Region IV
• Each USCG Marine Safety Office, which are
spread among USCG Districts, is headed by a
Captain of the Port (COTP), who acts as an
OSC
– 12 USCG OSCs within Region IV
OSC Response Assets
• Enforcement authorities to ensure that the responsible party (RP) cleans up the spill or release
• Access to federal technical assistance and contractors for cleanup and salvage
• Authority to access CERCLA and/or Oil Spill Liability Trust Fund (OSLTF) funding
• Technical expertise from federal special teams
• Special equipment
19
EPA Mobile Command Post
NRS Concepts of Response
21
NCP Preparedness
National Oil and
Hazardous Substances
Pollution Contingency Plan
(NCP)
Regional
Contingency Plans (RCPs)
Area
Contingency Plans (ACPs)
Federal Agency
Internal Plans
National
Response Framework
(NRF)
International
Joint Plans
State/Local Plans
Facility Response
Plans (FRPs)
Vessel Response
Plans (VRPs)
22
Preparedness Components
Under the NRS
State and Local Preparedness
Emergency Planning and Community Right-to-Know Act (EPCRA) (or SARA Title III)• Established federal/state/local integration
of NRS
• Assigned preparedness responsibilities at
all levels of government
• Resulted in 50 State Emergency Response
Commissions (SERCs) and over 2,000
Local Emergency Planning Committees
(LEPCs)
• Requires the development of local
emergency response plans - for worst
case scenario at selected facilities
23
Area Committees
• Area Committees are responsible for:
o Preparing an ACP for their areas
o Working with federal, state, and local officials to:
• Enhance contingency planning
• Assure pre-planning of joint response efforts
• Expedite decisions for use of dispersants and other
mitigating substances and devices
• Region IV has 9 Area Committees – 1 Inland Area Committee,
and 8 USCG-led Area Committees
o EPA has also established sub-areas to increase the
effectiveness of interactions with local responders
Regional Response Team IV
• Department of Agriculture
• National Oceanic and Atmospheric Administration (DOC)
• Department of Defense (USA, USN,USAF, ACOE)
• Nuclear Regulatory Commission
• U.S. Coast Guard
• Occupational Safety & Health Administration (DOL)
• Environmental Protection Agency
• Tennessee Valley Authority
• General Services
Administration
• Department of Interior
• Agency for Toxic Substances and Disease Registry (HHS)
• Department of Justice
• Department of State
• Department of Transportation
• Department of Energy
• Federal Emergency Management Agency
• State of Florida
• State of Alabama
• State of Georgia
• State of Mississippi
• State of North Carolina
• State of South Carolina
• State of Tennessee
• Commonwealth of Kentucky
• Poarch Band of Creek Indians
• Seminole Tribe of Florida
• Miccosukee Tribe of Indians of Florida
• MS Band of Choctaw Indians
• Eastern Band of Cherokee Indians
• Catawba Indian Nation
Regional Response Teams
• Planning o Develop and maintain Regional Contingency Plan (RCP)o Ensure consistency with Area Contingency Plans (ACPs) o Review local emergency plans at request of LEPC or
SERC
• Preparednesso Conduct drills/exercises of RCPo Participate in LEPC exercises as resources permito Revise RCP as necessary
• Responseo Provide assistance and support as requested by OSC
STANDING
RRT
Committees include:
• Management
• Science &Technology
• Training/Education
• State
INCIDENT
SPECIFIC
RRT
• PLANNING
• PREPAREDNESS
• COMMUNICATION
SYSTEMS AND
PROCEDURES
• COORDINATION
• TRAINING
• EVALUATION
• SUPPORTS OSC
• OPERATIONAL
REQUIREMENTS OF INCIDENT
* AS DEFINED BY 40 CFR 300.115
Regional Response Team Functions
OSCs’ Role in Planning and
Preparedness
• Planning
o Participate in development of regional contingency plan
o Oversee development of Area Contingency Plan (ACP) or
Sub-Area Plan for assigned areas
• Preparedness
o Participate in drills and exercises conducted by industry,
LEPCS, Area Committees/Sub-Area Committees, RRT,
and NRT
National Response Team
• EPA - CHAIR, USCG - VICE-CHAIRo During activation, chaired by agency providing OSC
• PLANNINGo Recommend changes to the NCP
o Provide policy and program direction to the Regional
Response Teams (RRTs)
o Publish guidance documents
o Develop procedures to ensure coordination of federal,
state, and local governments and private response
o Monitor response-related research
Want to KNOW MORE?
• RRT IV Coordinators: • Gary Andrew, [email protected]
678-733-1621
• Andrew Garcia, [email protected]
• Visit RRT IV’s WebsiteRRT IV: http://www.rrt4.nrt.org
Resource Conservation and Recovery Act (RCRA)
Title 40 U.S. Code of Federal Regulations (CFR), parts 239 through 282.
What is it?How does it protect the environment?
Resource Conservation and Recovery Act (RCRA)
Mr. Jeff PelegAccount Manager South FloridaNational Response Corporation
US Ecology
2019 NOVEL CORONAVIRUS
COVID-19
SEFL ACP SECTION 3000 OPERATIONS
3250 Disposal Group
The Disposal Group is responsible for coordinating the on-site activities of personnel engaged in collecting, storing, transporting, monitoring, temporary storage, recycling, and disposal of all response wastes. It is the responsibility of the Federal On Scene Coordinator (FOSC) to ensure that any recovered oil or hazardous substance is disposed of properly once cleanup has occurred.
The Resource, Conservation and Recovery Act (RCRA) and its implementing regulations contained in Title 40, Code of Federal Regulations are quite specific in defining what is hazardous waste and how it should be handled and disposed.
Also, State permit(s) for disposal of any solid waste will need to be granted/issued prior to removal from collection points. 40 CFR 261, Subpart C lists the characteristics a substance must exhibit to be considered hazardous.
SEFL ACP SECTION 3000 OPERATIONS
Basic decontamination guidelines include:
Establish and clearly identify the Decontamination Corridor. The best location for a decon station would be uphill from the hot zone, and upwind so that airborne contaminants blow back toward the hot zone. If the wind changes, the decon station may have to be relocated
The Decontamination Zone should be accessible to emergency medical units.
Clearly identify the Decontamination Corridor using barrier tape, delineator posts and traffic cones.
Establish and clearly identify the point of entry from the Hot Zone into the Warm Zone and the exit corridor into the Cold zone.
Weather conditions will be a significant factor during decon operations. Suitable shelter (tents) should be utilized for inclement weather conditions.
Water used during decon procedures must be carefully controlled and kept to a minimum.
SEFL ACP SECTION 3000 OPERATIONS
3250.3 Disposal Unit
Direct the collection, temporary storage, transportation, recycling, and disposal of recovered wastes.
Estimate the volume of waste that may be recovered and ensure adequate resources and logistics support are provided.
Manage temporary storage sites and prevent secondary discharges or cross contamination.
Confirm the laboratory results characterizing the wastes as hazardous or nonhazardous and prepare required RCRA manifests as required.
Confirm the capacities of recycling or disposal sites.
SEFL ACP SECTION 3000 OPERATIONS
Vessel Decontamination
Site Safety Briefing
Donning Level “C” PPE including Tychem SL Suits, Full Face Respirators, Nitrile Gloves and Boots.
EPA Approved Decontamination Solutions including Shockwave and MediClean.
Foggers and Sprayers
Exiting the Hot Zone and Doffing PPE
SEFL ACP SECTION 3000 OPERATIONS
Donning PPE
SEFL ACP SECTION 3000 OPERATIONS
Vessel Decontamination
SEFL ACP SECTION 3000 OPERATIONS
Vessel Exiting and Doffing PPE
SEFL ACP SECTION 3000 OPERATIONS
Disposal
DONNING AND DOFFING OF PPE
LINKS TO UPDATED INFORMATION
World Health Organization (WHO)
https://www.who.int/emergencies/diseases/novel-coronavirus-2019
Centers for Disease Control and Prevention (CDC)
https://www.cdc.gov/coronavirus/2019-ncov/index.html
Occupational Safety and Health Administration (OSHA)
https://www.osha.gov/SLTC/covid-19/
2019 NOVEL CORONAVIRUS
COVID-19
Presentation By:
Jeffry Peleg
Account Manager South Florida
6900 NW 12th Avenue
Fort Lauderdale, FL 33309
(954) 957-7271
I need a Break!!
Virtual Area Committee Meeting
Mr. Richard Lavigne
District Response And Advisory Team Supervisor (D7 DRAT)
Area Contingency Plans
Presentation Waypoints:
1. Area Contingency Planning refresher
(fundamentals).
2. OSC responsibilities
3. The “Re-boot” initiative (Survey results).
4. The role of the Area Committee
5. Designing a 21st Century ACP
ACP Fundamentals
Relationship of plans under the National Response System
ACP Fundamentals
Layered approach to planning and response…
ACP Fundamentals
The National Response System “food chain.”
Area Contingency Plans (ACPs)
• Developed by Area Committees led by federal OSCs
• Provides for effective response coordination
ACP Contents–The area covered by the
plan
–Responsibilities of public
and private entities
–Procedures for obtaining
an expedited decision
regarding the use of
dispersants
–How the plan is integrated
into other ACPs and
response plans
–A fish and wildlife and
sensitive environments plan
–Booming strategies
–Equipment available
OSC Planning Responsibilities
FOSC is a fundamental authority for COTP.
CG plug-n-play organization; NEED clear and consistent approach driven by sound policy doctrine to address Worse Case Discharge.
USCG does NOT own the ACP – The Area Committee owns the plan. USCG/EPA are the federal action agencies
OSC Planning Responsibilities
Planning for WCDs PRIMARY purpose of ACPs
Need to be cognizant of ALL facilities in the area(NOT just USCG regulated)
Offshore drilling platforms Rail Pipeline LSF (“Long Skinny Facilities)
OSC Planning Responsibilities
Engagement with local, state and federal NRS stakeholders A “system” of plans that must be synchronized SERCs and LEPCs Other Federal agencies (BSEE, EPA, DOT/PHMSA)
Engagement with industry stakeholders CRITICAL Area exercises should be risk based; and focus on
WCDs that may not have been exercised historically.
LAWSUITS
PHMSA OSRP approval for Enbridge Energy
Pipeline 5 (NEPA/ESA)
D9 Northern Michigan ACP Lawsuit (WCD in
Great Lakes)
CONCERNS
Does PHMSA lawsuit wrt to NEPA/ESA affect
USCG approvals?
Does NEPA apply to ACPs?
Does ACP meet WCD requirement?
ACP Revisions?
NEPA does not apply to ACPs due to FOSC
authorities/exemptions
Northern Michigan ACP: Admin Records/R&D
studies/ EDRC
FUTURE ACTIONS
Improve effort to implement ESA Compliance
procedures through RRT, then ACP updates.
DOJ appealing 6th circuit court decision
regarding PHMSA
Admin Records process ongoing
Lawsuits & Challenges
ACP Revitalization
Discussion points
Planning versus Response
Legal issues with ACP’s
ACP Survey results
“A national review” for consistency
Primary functions of an RCP vs ACP (jurisdictions-line
of demarcation)
58
ACP Revitalization Project
BACKGROUND
ACPs required by federal statute
Program assessment in 2016
DWH ISPR (after action report)
Energy expansion stressors
Consistency & compliance issues
CURRENT STATE
New ACP review & approval policy
NRT-ACP workgroup stood up
Accountability measures
FUTURE STATE
Develop response oriented ACPs
Achieve EPA/USCG consistency
Focus on validation of tactics
Continue policy updates
Sync w/International plans
CHALLENGES
Staffing levels
“Over collateralization” of work
Staffing expertise
Status quo/resistance to change
An ACP survey concept and was submitted to the Office of
Management and Budget (OMB) on 17 January 2017 and approved
on 5 December 2017.
General Dynamics Information Technology (GDIT) was contracted
to provide input and expertise from a neutral party throughout the
survey process.
The US Coast Guard (USCG) and Environmental Protection
Agency (EPA) sent a marketing flyer to promote the survey and
alert participants of the launch date.
ACP Survey - Conception and Creation
The ACP Survey’s purpose was to assess functionality
and areas of improvement of ACP’s.
Survey items were developed to investigate the
Consistency, Usability, and Access of ACP’s.
Survey questions (60 total) assessed:
Experience Level
Familiarity and Use of ACP’s
Perceptions of ACP Effectiveness
Accessibility of ACP’s
Oversight of ACP’s
ACP Survey - Purpose
ACP Survey - Results
The ACP Survey was 1 March 2018 through 30 March 2018
The survey was completed by 742 participants across seven
organization types.
ACP Survey - Analysis
Following the survey’s close, the data was extracted from the
surveymonkey.com platform and placed into Excel workbooks for
analysis.
Data analysis consisted of a variety of quantitative and qualitative
methods.
• Aggregate Mean Categorization (Above Mid-Point, Mid-Point,
Below Mid-Point) - Allows for easier use of seven point scale
responses
• Response Banding (e.g., 0, 1-2, 3-4) – Allows for easier
identification of data trends (e.g., Years of experience, # of
ACPs worked on)
ACP Survey - Results
Qualitative Thematic Analysis – Allows for the analysis of open
ended questions (e.g., Recommendations, Best/Worst
Experiences)
Descriptive Statistical Analysis (e.g., mean, median, mode) –
Allows for synthesis of data and identification of practical
takeaways)
Sub-group Analyses
(e.g., Public vs Private)
Bi-Variate Analysis –
Analysis of relationship
between two variables
Identifying The survey contained 60 questions with a variety of
close and open ended questions. Thus, the number of potential
analyses was practically limitless.
For brevity's sake, the first group of analyses were limited to
global level analyses (i.e., individual question data)
Additional sub-group analyses (e.g., Public vs Private,
Experience Level, Geographic Experience) were conducted upon
workgroup’s request
The following slides identified key findings identified by the
survey. They are a small sample of findings contained in the full
length report.
Survey - Key Findings
Your presence at this meeting!
People are busy and have many responsibilities in
addition to the ACP. This is why the USCG
shoulders much of the responsibility for this plan.
Region 4- Our region- Leads the nation!
Most people spend a significant portion of
Their time on a single ACP.
Conversely, USCG personnel rotate frequently
This showed the more familiarity with the ACP
The more effective the ACP was on incidents!
National Heat Maps
Most respondents did not find the ACP user friendly
This area is leading the nation!
Anomaly or cause for concern?
South Eastern Florida Area Committee
Okay, so you have been shown the survey results that
provided a national status on where the Area Contingency
Plans are.
But what does that mean to mean to this committee?
Area Committee Activities
• Maintaining roster of Area
Committee members
• Scheduling & facilitating Area
Committee mtgs
• Socializing ACPs w/ state &
local elected officials
• Sponsoring & leading Area
Committee planning workshops
• Identifying ESAs, endangered
species, critical habitat, etc.
• Developing protection strategies
• Identifying staging areas &
collection points
• Field verification of protection
strategies
Role of District & Sector
District & Sector Commanders are LNO’s
Aggressively seek opportunities for outreach
and coordination with Governor’s offices,
counties, and local leadership
Educate and familiarize on NCP & ACP
Leverage influence of State OSC’s
Facilitate the planning process
Coordinate updates
Manage annual updates
Questions and Discussion
SE FL Area Contingency Plan CGHQ Review Results
http://homeport.uscg.mil/port-directory/miami
ACP Review Checklist
http://homeport.uscg.mil/port-directory/miami
ACP Follow-up Recommendations
1) Section 9440 - Update inventory of Worst-case discharge scenarios
2) Section 4742 - Develop a 1-2 page Quick Response Guide (QRG) for Endangered Species Act Section emergency consultation
3) Section 4742 - Include a brief summary of Section 7 pre-spill consultation determination
4) Section 4742 - Develop a 1-2 page Quick Response Guide (QRG) for Section 7 post-response procedures
http://homeport.uscg.mil/port-directory/miami
ACP Follow-up Recommendations5) ESIs - Incorporate a comprehensive list of federally
listed endangered or threatened species and critical habitat
6) Section 4741 - Develop a 1-2 page QRG for National Historic Preservation Act consultation
7) GRPs - Validate Geographic Response Strategies (GRS)8) Section (ALL) - Continue to remove unnecessary ICS
references already contained in USCG Incident Management Handbook (IMH)
9) Combine posted plan sections into single document
http://homeport.uscg.mil/port-directory/miami
http://homeport.uscg.mil/port-directory/miami
http://homeport.uscg.mil/port-directory/miami
For questions: Vince CesarioEmergency Management Division
305-535-8757