Version 10.0 Updated 12_16_09 Presentation Overview • History and Authorities for Oil and Hazardous Materials Incident Response • National Response System Components • How the National Response System Works • How Homeland Security and the Oil and Hazardous Materials System Work Together 2 National Oil & Hazardous Substances Pollution Contingency Plan (NCP) • NCP describes the national preparedness and response system for oil and hazardous materials Chair Co-Chair – Includes chemical, biological, and radiological releases to the environment – Both accidental and intentional (including terrorist) releases • NCP is a regulation found in 40 CFR 300 and administered by the EPA 3 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 The Torrey Canyon 4 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 5 About the National Response System (NRS) • NRS is divided into local, regional, and national organizational levels • Participants include federal, state, local, and private sector agencies and organizations, with interests in or responsibilities for oil and hazardous materials emergencies • Federal agencies in the NRS provide on-site response capability at the local level 6 Why Federal Involvement On-Scene? •Incidents can exceed capability of states and locals •Public demand for national environmental response policy • Incidents and impacts could cross state and international borders • Response could involve foreign parties and international commerce 7 NRS Components 8 Overview of Key NRS Components • NRS comprised of… • • • • • • • • • Federal On-Scene Coordinators (OSCs) 13 Regional Response Teams (RRTs) National Response Team (NRT) National Response Center (NRC) Area Committees State/Local Governments Special Teams Joint Response Teams with neighboring countries Regulated Industry 9 Federal On-Scene Coordinators (OSCs) USCG for coastal zone & EPA for inland zone • Coordinate all containment, removal, and disposal efforts/resources at the incident site • Ensure proper notification • Direct/coordinate, and/or provide technical assistance to response efforts at site • Maintain decision-making authority • Ensure access to information 10 Federal OSCs Continued… • Examples of response actions include: • • • • • • • • • Incident Action Plan development Site safety plan development (response planning) Sample collection and analysis (air/water monitoring) Alternative water supply provisions (potable water) Source control and stabilization (berms, booms, dikes, plugging release points) On-site treatment (neutralization, thermal destruction, solidification, detonation) Off-site waste disposal or treatment Temporary relocation Evidence collection and other law enforcement efforts 11 OSC Response Assets EPA Mobile Command Post • 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 12 Regional Response Teams (RRTs) X II VIII V III VII IX VI IV Alaska Oceania Caribbean • Provide technical expertise and resources to the OSC during a response I • 13 RRTs comprised of 15 Federal agencies plus State representatives • Co-chaired by EPA and USCG • Engage in planning and training activities yearround • Coordinate decision making process for alternative cleanup operations 13 National Response Team (NRT) • Comprised of the same 15 federal agencies as the RRTs • EPA Chair, USCG Vice Chair • National-level planning, policy, and coordinating body •EPA •USCG •USDA •DOC/NOAA •DOD •DOE •HHS •DOI •DOJ •DOL/OSHA •DOS •DOT •GSA •NRC •FEMA • Provides advice and assistance to the OSC and RRT during a response 14 National Response Center (NRC) • Receives all reports of releases involving oil and hazardous substances including, infrastructure security breaches, suspicious activities, and terrorist related events involving hazardous substances & oil that trigger federal notification requirements • Approximately 30,000 incident notifications each year • Notifies Federal and State OSCs • Notifies DHS/NOC & EPA/USCG Headquarters • Preparedness role – supports NRS planning activities 15 NRS Special Teams EPA - Environmental Response Team (ERT) EPA - Radiological Emergency Response Team (RERT) EPA – National Counter Terrorism Evidence Response Team (NCERT) EPA – National Decontamination Team USCG - National Strike Force (NSF) USCG - Public Information Assist Team (PIAT) OSHA – Specialized Response Teams NOAA & EPA - Scientific Support Coordinators (SSCs) Navy SUPSALV Other teams 16 NRS Special Teams – EPA Environmental Response Team •Monitoring, Sampling & Analysis •Hazard Assessment •Cleanup Techniques •Specialized Technical Support •Training & Education •Trace Atmospheric Gas Analyzer (TAGA) Van 17 NRS Special Teams – EPA Radiological Emergency Response Team • Radiological Monitoring & Sampling • Mobile & Fixed Laboratories • Radiological Technical Expertise on Human Health and Environment 18 NRS Special Teams – EPA National Counterterrorism Evidence Response Team (NCERT) • Established 2001 • 30 EPA Special Agents stationed across United States • Liaisons between FBI and OSC; support to FBI and ESF-13 • Focus: Forensic Evidence Collection – Level A Capable – Force Protection w/firearms 19 NRS Special Teams – EPA National Decontamination Team • 15 members • Focus on environmental decontamination assistance for WMD incidents – Buildings, open spaces, transportation and water systems – Waste management – Advice on protective cleanup levels • ASPECT aircraft 20 EPA Regions and Assets ERT Locations RERT Locations NDT Location 21 NRS Special Teams – USCG National Strike Force (NSF) – National Strike Teams (NSTs) – (Atlantic, Gulf, & Pacific teams) – National Strike Force Coordination Center (NSFCC) – USCG Public Information Assist Team (PIAT) 22 USCG Districts and Strike Teams NST Locations NSFCC Location 23 NRS Special Teams – DoD Navy Supervisor of Salvage & Diving (SUPSALV) • Ship Salvage/Wreck Removal • Salvage & Ocean Engineering/Technical Support • Deep Ocean Search & Recovery • Diving • Waterborne Pollution Response/Recovery 24 NRS Special Teams – NOAA & EPA Scientific Support Coordinators (SSCs) • Environmental Chemistry • Oil & Hazmat Fate and Effects • Pollutant Transport Modeling in Air and Water • Natural Resources at Risk • Environmental Trade-off of Countermeasures and •Information Management Cleanup •Biological Assessments •Contingency Planning •Liaison to Scientific Community 25 NRS Special Teams – OSHA Specialized Response Teams • • • • • Chemical Team Biological Team Radiological Team Structural Collapse Team Members include: – – – – Certified Industrial Hygienists Professional Engineers Occupational Physicians Specialized Safety Experts • Support the OSC in the area of responder health and safety • Can also support through NRF Worker Safety and Health Support Annex 26 Other NRS Assets – HHS/CDC/ATSDR • CDC/ATSDR: – On-call and on-site specialists to answer human health questions – Facilitate OSC interactions with state/local public health – Facilitate access to other HHS assets • NIESH worker training program and on-site justin-time training. 27 Other NRS Assets – DOI/USDA • DOI and USDA are two of the largest land managers in the U.S. • Serve as natural resources trustees • Provide emergency management, preparedness, and response support to OSCs – Exercises and contingency plan development/maintenance – Scientific/technical expertise in areas such as protecting natural, cultural, and historic resources; mapping; modeling; offshore oil drilling 28 Nearly 30% of the US--over 650 Million acres--is managed by Federal agencies (DOI, USDA, DOD, etc) Question: Where will spills occur and what lands and29 resources will be affected? Natural Resource Trustees’ role and responsibilities • Work with responsible party and State and Tribal trustees to restore natural resources and services injured as a result of spills or releases • Conduct scientific natural resource damage assessments to determine injuries, restoration needs, and compensation for lost public use of injured natural resources • Engage the responsible parties to secure a solution through either regulation, settlement, or litigation 30 How the NRS Works 31 NRS Notification & Decision Process 32 NRS Funding Mechanisms Oil Spills • OPA 90 – Oil Spill Liability Trust Fund (OSLTF) Hazardous Substances •The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a.k.a., Superfund 33 Oil Spill Liability Trust Fund • Administered by National Pollution Funds Center • OSLTF Emergency Fund established to provide funding for: – Emergency response actions to protect public health, safety and environment – Natural Resource Damage Assessments (NRDA) initiation – Compensation for claimants who demonstrate that oil pollution caused damages • As delineated by the OPA, uses of the OSLTF include: – Response costs incurred by the Coast Guard and EPA – State access for response activities – Payments to federal, state, and Indian tribe trustees to conduct natural resource damage assessments and restorations – Payment of claims for uncompensated response costs and damages – Research and development – Other specific appropriations M/V COSCO BUSAN 34 Superfund • Administered by EPA • Can be accessed in three ways: – FOSC – Claims Process • • Claims can be submitted by individuals or states Response actions must be preauthorized for reimbursement – Local Government Reimbursement (LGR) program 35 NCP Preparedness International Joint Plans National Oil and Hazardous Substances Pollution Contingency Plan (NCP) National Response Framework (NRF) Regional Contingency Plans (RCPs) Federal Agency Internal Plans State/Local Plans Area Contingency Plans (ACPs) Facility Response Plans (FRPs) Vessel Response Plans (VRPs) 36 Preparedness Components Under the NRS 37 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 38 Regional Contingency Plans • Developed by multi-agency RRTs • Provide for effective regional response coordination • Ensure clear roles & responsibilities • Include information on government, commercial, academic, facilities, & resources in each region • Follow NCP format • Should be coordinated with Area Contingency Plans (ACPs) & LEPC plans • Designates the boundary between the coastal & inland zones 39 Area Contingency Plans (ACPs) • Developed by Area Committees led by Federal OSCs • Provides for effective response coordination for worst case discharges 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 40 Preparedness Model Plans & Policy Outcome: Increased Preparedness Evaluations Stakeholder Outreach & Engagement Government Capabilities Non-Government Capabilities Team -Training, Exercises & Actual Events 41 How Homeland Security and the NRS Work Together 42 National Response Framework National Incident Management System 43 Organization of the NRF ESF #5 – Emergency Management Base Plan ESF #4 - Firefighting ESF #3 – Public Works and Engineering ESF #2 – Telecommunications ESF #1 - Transportation Emergency Support Function Annexes ESF #15 – External Affairs ESF #10 – Oil and Hazardous Materials Response ESF #14 – Long-Term Community Recovery ESF # 9 –Search and Rescue ESF #8 – Public Health & Medical Services ESF #7 –Logistics Management & Resource Support ESF #6 – Mass Care, Housing & Human Services ESF #13 – Public Safety and Security ESF #12 - Energy ESF #11 –Agriculture and Natural Resources Cyber Incident Food and Agriculture Incident Public Affairs Private-Sector Coordination Financial Management Worker Safety and Health Support Annexes Terrorism Incident Law Enforcement and Investigation Tribal Relations Biological Incident Volunteer and Donations Management International Coordination Critical Infrastructure and Key Resources Nuclear/Radiological Incident Catastrophic Incident Incident Annexes Federal Response Private-Sector and Nongovernmental State Response Local Government Response Partner Guides 44 The NRF-NCP Relationship • NRS (OSCs, RRTs, NRT, etc.) responds under NCP on daily basis for more “routine” oil and hazardous materials incidents • When DHS leads incident under NRF, NRS assets are activated under NRF Emergency Support Function (ESF) #10 – Oil and Hazardous Materials Response Annex – In some cases, NRS may respond initially under its own authorities pending an ESF #10 activation, then transition to Stafford Act authority and funding – ESF #10 uses NRT and RRTs to coordinate response among ESF #10 Primary/Support Agencies at national and regional levels as needed 45 National Incident Management System (NIMS) Incident Command System Unified Command Participants May Include: Local Official(s) State Official(s) Federal Official(s) Responsible Party Representative(s) Information Safety Liaison Operations Planning Logistics Finance and Administration 46 The NIMS-NCP Relationship • NRS uses Incident Command System (ICS) for emergency responses under NCP and ESF #10 activations under NRF • OSC coordinates oil/hazmat response from Incident Command Post (ICP) level 47 EPA/USCG ESF #10 Participation in NRF / NIMS Field Level Multiagency Coordination Entity HQ staffs DRG Region/district EOC staffs JFO UCG as needed EOCs/Multiagency Coordination Centers HQ staffs NOC + NRCC Region/district EOC staffs JFO, RRCC, + State and Local EOCs as needed Incident Command EPA/USCG OSC and IMTs integrate through UC Incident Command Post Local Emergency Ops Center (EOC) JFO Unified Coordination Group* State Emergency Ops Center (EOC) Joint Field Office (JFO) Incident Command Post National Level White House Domestic Readiness Group (DRG) FEMA Regional Response Coordination Center (RRCC) *JFO UCG includes PFO, FCO, SCO, and other Senior Officials from entities with a major incident management role Area Command Incident Command Post Regional Level DHS National Operations Center (NOC) FEMA National Response Coordination Center (NRCC) DHS National Infrastructure Coordinating Center (NICC) 48 NRS Role in Terrorism Incidents Under NRF • OSCs and special teams can support FBI and DHS during crisis phase: – Technical support (e.g., hazard evaluation, modeling) – Evidence collection • Provide federal leadership or support for environmental assessment and cleanup through ESF #10 activation 49 Benefits NRS Brings to NRF • First Responders: – Are federal – Are well connected to state and local responders and industry – Have immediate access to regional & local experts for planning and response • Plan and respond with neighboring countries 50 Benefits NRS Brings to NRF continued… • Access to local resources and logistics • Knowledge of local response community, its political representatives, infrastructure, and issues • Knowledge of local media &risk communications needs • Familiarity with industry and NonGovernment Organizations 51 More information on the NRS can be found at: WWW.NRT.ORG 52 Questions? 53 Appendix Optional Slides 54 USCG Vessel of Opportunity Skimming System (VOSS) Astoria, OR Eureka, CA St. Louis, MO Corpus Christi, TX Guam American Samoa Quonset, RI Jacksonville, FL Miami, FL Seattle, WA, PST Novato, CA LA/LB Honolulu, HI Anchorage, AK GST Mobile, AL Galveston, TX Tampa, FL Detroit, MI Puerto Rico Charleston, SC Portsmouth, VA AST Fort Dix, NJ Portsmouth, NH 55 USCG Spilled Oil Recovery System (SORS) KUKUI & WALNUT Honolulu, HI JUNIPER & WILLOW Newport, RI ELM Fort Macon, NC FIR Astoria, OR SEQUOIA Guam ASPEN San Francisco, CA SPAR Kodlak, AK Hickory Homer, AK SYCAMORE Cordova, AK MAPLE Sitka, AK ALDER Duluth, MN HOLLYHOCK Port Huron, MI OAK Charleston, SC CYPRESS Mobile, AL 56