167 



Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations 17847 



barriers to deter tlie spread of a 

 pollutant; use of booms or barriers to 

 protect specific installations or areas; 

 control of tiie water discharged from 

 upstream impoundments; and the use of 

 chemicals and other materials, in 

 accordance with Aimex X. to restrain 

 the spread of the pollutant and mitigate 

 its effects. 



; 1510.54 Phaia IV— Cleanup, mitigation 

 and disposal 



(a) Actions should be taken to recover 

 the pollutant &om the water and 

 affected shorelines. These actions 

 include: the use of sorbents, skimmers 

 and other collection devices for floating 

 pollutants; the use of vacuum dredges or 

 oUier devices for simken pollutants; the 

 use of reaeration or other methods to 

 mitigate damage from dissolved, 

 suspended, or emulsified pollutants; and 

 special treatment techniques to protect 

 public water supplies or fish and 

 wildlife resources &om continuing 



(b) Pollutants and contaminated 

 materials recovered in cleanup 

 operations shall be disposed of in 

 accordance with regional and local 

 contingency plans (see S lS10.42(a)). 



3 1510.55 Phas* V— OocunMntatlon and 

 cost recovery. 



(a] Documentation and cost recovery 

 may involve a variety of actions, 

 depending on the discharge. Recovery of 

 Federal removal costs and recovery for 

 damage done to Federal, State, or local 

 government property is included. 

 Damages to private citizens [including 

 loss of earnings) are not addressed by 

 this Plan. OSCa shall furnish 

 documentation required by the revolving 

 fund administrator to support Federal 

 efforts to recover costs from responsible 

 parties. Procedures to be followed to 

 fulfill documentation requirements are 

 specified in the Coast Guard directives 

 in the 1S450.1 series. 



[b] Information and samples needed 

 for legal and scientific purposes shall be 

 collected during this phase. Information 

 and samples are necessary for later 

 identification of financially responsible 

 parties, for scientific understanding of 

 the environment and for research and 

 development The samples and 

 information must be gathered at the 

 proper time during the removal 

 operations, because otherwise wind and 

 current may disperse the evidence. 



[1] All agencies shall follow uniform 

 procedures, described in Annex VI, for 

 collection of samples and information. 



(2) The OSC shall take necessary 

 actions during response phases to 

 ensure necessary coUection.and 



safeguarding of information, samples, 

 and reports, 



(c) The Information and reports 

 obtained by the OSC shall be 

 transmitted to the RRC. Copies will then 

 be forewarded to the NRC members of 

 the RRT, and others as appropriate. 



J 1510.53 PoDution reports. 



(a) Within 60 days after the 

 conclusion of a major pollution 

 discharge and when requested by the 

 RRT, the OSC shall submit to the RRT a 

 complete report on die response 

 operation end the actions taken. The 

 OSC shall at the same time send a copy 

 of the report to the NRT. The RRT shall 

 review the OSCs report and submit the 

 report and an endorsement to the NRT 

 for review. This shall be accomplished 

 within 30 days after the report has been 

 received. 



(b) The OSCs report shall accurately 

 record the situation as it developed, the 

 actions taken, the resources committed 

 and the problems encountered. The 

 OSCs recommendations, based on these 

 experiences, are a source for new 

 procedures and policy. 



(c) The format for OSCs reports will 

 be as follows: , 



(1) Summary of Events. — This part is a 

 chronological' narrative of all events, 

 including: 



(i) The cause of the incident - 



(ii) The initial situation: 



(iii) The organization of the response: 

 and 



(iv) The resources committed. 



These sections may be presented 

 separately or included in the narrative. 

 If applicable, the following information 

 will also be included: 



(v) The location (water body. State, 

 dty, latitude and longitude) of the spill; 

 whether the discharge was in 

 connection with activities regulated 

 under the OCSLA or Deepwater Port 

 Act; or whether it might have or actually 

 did affect natural resources under the 

 exclusive management authority of the 

 United States: 



(vi) Details of Federal or State efforts 

 to replace or restore damaged natural 

 resources; and 



(vii) Details of any threat abatement 

 actions taken under sections 311(c] or 

 (d) of the Act 



(2) Effectiveness of Response and 

 Removal Actions. — ^This part should 

 candidly and thoroughly analyze the 

 effectiveness of the response and 

 removal actions taken by: 



(i) The dischargen 



(ii) State and local forces; 



(iii) Federal agencies and special 

 forces; and 



(iv) (If applicable) contractors, private 

 groups and volunteers. 



(3) Problems Encountered. — This part 

 should list any problems encountered 

 and describe how they affected the 

 response. Particular attention should be 

 given to any problems of 

 intergovernmental coordination diat 

 may have occurred. 



(4) Recommendations. — This section 

 should include all recommendations of 

 die OSC, An endorsement from the RRT 

 shall be included. At a minimum the 

 following areas should be covered; 



(i) Means to prevent a recurrence of 

 the incident; 



(ii) Improvement of response actions. 



Any recommended changes in the 

 regional or National contingency plans 

 should also be included. 



; 1510.57 Special considerations. 



(a) Safety of personnel. — ^Actual or 

 potential polluting discharges 

 threatening damage to air and water can 

 also threaten human health and safety. 

 The OSC should be aware of die 

 hazards, should exercise great caution 

 in allowing civilian or government 

 personnel into the affected area until the 

 nature of the substance discharged is 

 known, and due caution should be 

 exercised diereafter. Local contingency 

 plans shall identify sources of 

 information on anticipated hazards, 

 precautions, and requirements to protect 

 personnel during response operations. 

 Names and phone numbers of people 

 with relevant information shall be 

 included. 



(b) Waterfowl conservation. — Oil 

 discharges, particidarly in estuarine and 

 near shore areas, often cause severe 

 stress to resident and migratory bird 

 species. The DOI representative "and Uie 

 state liaison to the RRT shall arrange for 

 and coordinate actions of professional 

 and volunteer groups wishing to 

 participate in waterfowl dispersal, 

 collection, cleaning, rehabilitation, and 

 recovery activities. Regional and local 

 contingency plans shaU, to the extent 

 practicable, identify organizations or 

 institutions that are willing to 

 participate in such activities and 

 operate such facilities. Waterfowl 

 conservation activities will normally be 

 included in Phase ni and Phase IV 

 response actions (§S 1510.53 and 1510.54 

 of this subpart). 



Subpart F— Coordinating Instructions 

 31510.60 Delegation of authority. 



As provided by Annex X of this Plan, 

 EPA delegation of authority or 

 concurrence in the use of chemical 

 pollution control activities initially may 

 be oral; however, written confirmation 

 by the EPA representative on the RRT 



