VIRTUAL MEETING: June 4, 2020, 9:00am-11:00pm

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, andrew.gary@epa.gov

678-733-1621

• Andrew Garcia, Andrew.M.Garcia@uscg.mil305-415-6926

• 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

jpeleg@nrcc.com

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

Frank.v.cesario@uscg.mil