168 



17848 Federal Register / Vol. 45, No. 55 / Wednesday, March 19. 1980 / Rules and Regulations 



should be completed as soon as 

 possible. 



}151(U2 Uuitt-feglonil aetjon*^ 



(a) If a discharge or a potential 

 discharge oioves from the area covered 

 by one Federal local or regional 

 contingency plan into another area, the 

 authority for pollution control actions 

 shall liitewise shift If a polluting 

 discharge or potential discharge affects 

 areas covered by two or more regional 

 plana, the response mechanism of both 

 plans shall be activated. In this case, 

 pollution control actions of all regions 

 concerned shall be fuHy coordinated as 

 detailed in the regional plans. 



fb) There shall be only one OSC at 

 any time during the course of a response 

 operation. Should a discharge affect two 

 or more areas, the EPA and USCG will 

 designate the OSC giving prime 

 consideration to the area vulnerable to 

 the greatest damage. The RKT shall 

 designate the OSC If EPA and USCG 

 members are unable to agree on 

 designation. The NRT shall designate 

 the OSC if members of one RRT or of 

 two adjacent RRTs are unable to agree 

 on the designation. 



{ ISiaU Oentnl pattam of mpem* 

 actlora. 



(a) When the OSC receives a report of 

 a discharge or potential discharge, he 

 should normally take action in tibe 

 following sequence: 



(1) Investigate the report to de te r min e 

 pertinent information such as the threat 

 posed to public health of weLfore, the 

 type and quantity of material 

 discharged, and the sonrcs of the 

 discharge. 



(2) Notify RRT members and the 

 Scientific Support Coordinator, in 

 accordance with the applicable regional 

 plan. 



(3) Determine, in accordance with 

 section 311(c)(1) of the Act whether the 

 discharger (that is, the owner or 



' operator of the vessel, onshore facility, 

 or offshore facility from which the 

 discharge occurs) is properly carrying 

 out removal actions. Removal is being 

 done ptoperiy when: 



(i) The discharger's cleanup is fully 

 sufficient to minimize or mitigate 

 damage to the public welfare. The 

 discharger's removal efforts are 

 "improper" to the extent that Federal 

 efforts are necessary to prevent further 

 damage: and 



(ii) The discharger's removal efforts 

 are in accordance with applicable 

 regulations and guidelines. Including 

 this Plan, especially Aimex X. 



(4) Officially classify the severity of 

 the discharge and determine the course 

 of action to be followed. 



(5) Determine whether state action to 

 effect removal is necessary within the 

 meaning of section 311(c)(2J(H) of the 

 Act (See 5 1510.65(h)). 



(b) The preliminary inquiry will 

 probably show that the sihiation falls 

 into one of five classes. These classes 

 and the appropriate response to each 

 are outlined below: 



(1) If the investigation shows that the 

 initial information overstated the 

 magnitude or danger of the discharge 

 and no environmental pollution or 

 potential pollution is involved, the case 

 shall be considered a false alarm and 

 should be dosed. 



(2) If the investigation shows a minor 

 discharge with the discharger taking 

 appropriate removal action, contact 

 should be established with the 

 discharger. The removal action should . 

 be monitored to insure continued proper 

 action by the discharger. 



(3) If the investigation shows a minor 

 discharge with'fanpToper removal action 

 being taken, the following measures 

 shall be taken: 



(!) An immediate effort should be 

 made to prevent further discharges &om 

 the source. 



(11) The discharger shall be advised of 

 the proper action to be taken. 



(ill) If the discharger does not follow 

 this advice, warning of the discharger's 

 liability for the cnst of removal, 

 pursuant to i 311(f] of the Act shall be 

 giveiL 



(iv) The OSC shall notify appropriate 

 state and local officials. He shall keep 

 the RRC advised and initiate Phase ID 

 and rV operations as conditions 

 warrant 



(v) Informadon shall be collected for 

 possible recovery of removal costs when 

 removal is effected in accordance with 

 i isiass. 



(4) When a report of investigation 

 indicates that a medium discharge has 

 occurred, or the potential for a medium 

 discharge exists, the OSC shall follow 

 the same general procedures as for a 

 minor discharge. Additionally, the OSC 

 shall make a recommendation 

 concerning team activation to the 

 chairman of the RRT. 



(5) When a report indicates that a 

 major discharge has octmrred, a 

 potential major pollution emergency 

 exists, or that a discharge or potential 

 discharge which could arouse wide 

 public concern has occurred, the OSC 

 shall follow the same procedares as for 

 minor and medium discharges. The RRC 

 and NRC shall however, be notified 

 immediately of the situation even if the 

 initial report has not been confirmed. 



91510.64 SpecMtoreMavallaMetoth* 

 0S& 



(a) The National Strike Force consists 

 of the Strike Teams established by 

 USCG on the East West and Gulf 

 Coasts and includes the emergency task 

 forces to provide assistance to the OSC 

 during Phase n. TV. and V operations as 

 the circumstances of the situation 

 dictate. When possible, the Strike 

 Teams will provide training to the 

 emergency task forces and participate 

 with the RRT in regional and local 

 contingency plan development 



(1) The Strike Teams can provide 

 commimlcations support, advice, and 

 assistance for oil and hazardous 

 substances removal.. These teams also 

 have knowledge of ship salvage, damage 

 control, diving and removal techniques. 

 Additionally, they are equipped with 

 specialized containment and removal 

 equipment and have rapid 

 transportation available. 



(2) Emergency task forces, established 

 by the USCG at major ports pursuant to 

 section 3ll(c)(Z)(q of the Act consist of 

 trained persoimel with supplies of oil 

 and ha^rdons substances pollution 

 control equipment and materials, and 

 detailed discharge removal plans for 

 their areas of responsibility. 



(3) The Strike Teams will respond to 

 requests for assistance from the OSC 

 Requests for a team may be made 

 directly to the Commanding Officer of 

 the appropriate team, the Coast Guard 

 member of the RRT. the appropriate 

 area commander, USCG, or to the 

 Commandant USCG through the NRC 

 Emergency task forces work directly for 

 the OSC and are accessible through 

 those offices. 



(b)(1) The Enviroimiental Response 

 Team (ERT) is established by EPA in 

 accordance with its disaster and 

 emergency responsibilities. The ERT 

 includes expertise in biology, chenristry 

 and engineering. It can provide access to 

 special decontamination equipment for 

 chemical spills and advice to the OSC 

 on: 



(i) Cleanup techniques and priorities: 



(11) Water supply contamination and 

 protection: 



(ill) Application of dispersants: 



(iv) Habitat restoration: and 



(v) Disposal of contaminated materiaL 



The ERT will be especially useful to 

 the OSC in hazardous substances spill 

 response and in damage assessment for 

 all spUls. 



(?) The OSC or RRT requests for ERT 

 support should be made to the EPA 

 representative on the RRT, the EPA 

 Headquarters emergency coordinator or 

 the appropriate EPA regional emergency 

 coordinator. 



