The National Response Team's Integrated Contingency Plan Guidance

Federal RegisterJun 5, 1996

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SUMMARY: The U.S. Environmental Protection Agency, as the chair of the

National Response Team (NRT), is announcing the availability of the

NRT's Integrated Contingency Plan Guidance (``one plan''). This

guidance is intended to be used by facilities to prepare emergency

response plans. The intent of the NRT is to provide a mechanism for

consolidating multiple plans that facilities may have prepared to

comply with various regulations into one functional emergency response

plan or integrated contingency plan (ICP). This notice contains the

suggested ICP outline as well as guidance on how to develop an ICP and

demonstrate compliance with various regulatory requirements. The

policies set out in this notice are intended solely as guidance.

ADDRESSES: Additional copies of this one-plan guidance can be obtained

by writing to the following address: William Finan, U.S. Environmental

Protection Agency, Mail Code 5101, 401 M Street SW, Washington, DC

20460. Copies of the ICP Guidance are also available by calling the

EPCRA/RCRA/Superfund Hotline at (800) 424-9346 (in the Washington, DC,

metropolitan area, (703) 412-9810). In addition, this guidance is

available electronically at the home page of EPA's Chemical Emergency

Preparedness and Prevention Office (http://www.epa.gov/swercepp/).

FOR FURTHER INFORMATION CONTACT: William Finan, U.S. Environmental

Protection Agency, Mail Code 5101, 401 M Street, SW., Washington, DC

20460, at (202) 260-0030 (E-Mail [email protected]

include ``one plan'' in the subject line). In addition, the EPCRA/RCRA/

Superfund Hotline can answer general questions about the guidance.

For further information and guidance on complying with specific

regulations, contact: for EPA's Oil Pollution Prevention Regulation:

Bobbie Lively-Diebold, U.S. Environmental Protection Agency, Mail Code

5203G, 401 M Street, SW., Washington, DC 20460, at (703) 356-8774 (E-

Mail Lively.B[email protected]), or the SPCC Information Line at

(202) 260-2342); for the U.S. Coast Guard's Facility Response Plan

Regulation: LCDR Mark Hamilton, U.S. Coast Guard, Commandant (G-MOR),

2100 2nd Street, SW., Washington, DC 20593, at 202-267-1983 (E-Mail

M.Hamilton/[email protected]); for DOT/RSPA's Pipeline Response

Plan Regulation: Jim Taylor, U.S. Department of Transportation, Room

2335, 400 7th Street, SW., Washington, DC 20590 at (202) 366-8860 (E-

Mail [email protected]); for pertinent OSHA regulations, contact

either your Regional or Area OSHA office; for DOI/MMS' Facility

Response Plan Regulation: Larry Ake, U.S. Department of the Interior--

Minerals Management Service, MS 4700, 381 Elden Street, Herndon, VA

22070-4817 at (703) 787-1567 (E-Mail Larry__ [email protected]); for

EPA's Risk Management Program Regulation: William Finan (see above);

and for RCRA's Contingency Planning Requirements, contact the EPCRA/

RCRA/Superfund Hotline (see above).

The NRT welcomes comments on specific implementation issues related

to this guidance. Please provide us with information about the

successful use of this guidance, about problems with using this

guidance, as well as suggestions for improving the guidance. Send

comments to William Finan (see above) or to any of the other people

listed in the previous paragraph.

SUPPLEMENTARY INFORMATION:

Presidential Review Findings

Section 112(r)(10) of the Clean Air Act required the President to

conduct a review of federal release prevention, mitigation, and

response authorities. The Presidential Review was delegated to EPA, in

coordination with agencies and departments that are members of the

National Response Team (NRT). The Presidential Review concluded that,

while achieving its statutory goals to protect public safety and the

environment, the current system is complex, confusing, and costly. It

identified several key problem areas and recommended a second phase to

address these issues. One of the issues identified by the Presidential

Review is the multiple and overlapping federal requirements for

facility emergency response plans.

NRT Policy Statement

This one-plan guidance is intended to be used by facilities to

prepare emergency response plans for responding to releases of oil and

non-radiological hazardous substances. The intent of NRT is to provide

a mechanism for consolidating multiple plans that facilities may have

prepared to comply with various regulations into one functional

emergency response plan or integrated contingency plan (ICP). A number

of statutes and regulations, administered by several federal agencies,

include requirements for emergency response planning. A particular

facility may be subject to one or more of the following federal

regulations:

EPA's Oil Pollution Prevention Regulation (SPCC and

Facility Response Plan Requirements)--40 CFR part 112.7(d) and 112.20-

.21;

MMS's Facility Response Plan Regulation--30 CFR part 254;

RSPA's Pipeline Response Plan Regulation--49 CFR part 194;

USCG's Facility Response Plan Regulation--33 CFR part 154,

Subpart F;

EPA's Risk Management Programs Regulation--40 CFR part 68;

OSHA's Emergency Action Plan Regulation--29 CFR

1910.38(a);

OSHA's Process Safety Standard--29 CFR 1910.119;

OSHA's HAZWOPER Regulation--29 CFR 1910.120; and

EPA's Resource Conservation and Recovery Act Contingency

Planning Requirements--40 CFR part 264, Subpart D, 40 CFR part 265,

Subpart D, and 40 CFR 279.52.

In addition, facilities may also be subject to state emergency

response planning requirements that this guidance does not specifically

address. Facilities are encouraged to coordinate development of their

ICP with relevant state and local agencies to ensure compliance with

any additional regulatory requirements.

Individual agencies' planning requirements and plan review

procedures are not changed by the advent of the ICP format option. This

one-plan guidance has been developed

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to assist facilities in demonstrating compliance with the existing

federal emergency response planning requirements referenced above.

Although it does not relieve facilities from their current obligations,

it has been designed specifically to help meet those obligations.

Adherence to this guidance is not required in order to comply with

federal regulatory requirements. Facilities are free to continue

maintaining multiple plans to demonstrate federal regulatory

compliance; however, the NRT believes that an integrated plan prepared

in accordance with this guidance is a preferable alternative.

The NRT realizes that many existing regulations pertaining to

contingency planning require review by a specific agency to determine

compliance with applicable requirements. It is not the intent of the

NRT to modify existing agency review procedures or to supersede the

requirements of a regulation.

This one-plan guidance was developed through a cooperative effort

among numerous NRT agencies, state and local officials, and industry

and community representatives. The NRT and the agencies responsible for

reviewing and approving federal response plans to which the ICP option

applies agree that integrated response plans prepared in the format

provided in this guidance will be acceptable and be the federally

preferred method of response planning. The NRT realizes that alternate

formats for integrating multiple plans already exist and that others

likely will be developed. Certain facilities may find those formats

more desirable than the one proposed here. The NRT believes that a

single functional plan is preferable to multiple plans regardless of

the specific format chosen. While they are acceptable, other formats

may not allow the same ease of coordination with external plans. In any

case, whatever format a facility chooses, no individual NRT agency will

require an integrated response planning format differing from the ICP

format described here. The NRT anticipates that future development of

all federal regulations addressing emergency response planning will

incorporate use of the ICP guidance. Also, developers of state and

local requirements will be encouraged to be consistent with this

document.

The ICP guidance does not change existing regulatory requirements;

rather, it provides a format for organizing and presenting material

currently required by the regulations. Individual regulations are often

more detailed than the ICP guidance. To ensure full compliance,

facilities should continue to read and comply with all of the federal

regulations that apply to them. Furthermore, facilities submitting an

ICP (in whatever format) for agency or department review will need to

provide a cross-reference to existing regulatory requirements so that

plan reviewers can verify compliance with these requirements. The

guidance contains a series of matrices designed to assist owners and

operators in consolidating various plans and documenting compliance

with federal regulatory requirements. (See Attachments 2 and 3.) The

matrices can be used as the basis for developing a cross-reference to

various regulatory requirements.

This guidance also provides a useful contingency planning template

for owners and operators of facilities not subject to the federal

regulations cited previously.

Integrated Contingency Plan Philosophy

The ICP will minimize duplication in the preparation and use of

emergency response plans at the same facility and will improve economic

efficiency for both the regulated and regulating communities. Facility

expenditures for the preparation, maintenance, submission, and update

of a single plan should be much lower than for multiple plans.

The use of a single emergency response plan per facility will

eliminate confusion for facility first responders who often must decide

which of their plans is applicable to a particular emergency. The

guidance is designed to yield a highly functional document for use in

varied emergency situations while providing a mechanism for complying

with multiple agency requirements. Use of a single integrated plan

should also improve coordination between facility response personnel

and local, state, and federal emergency response personnel.

The adoption of a standard plan format should facilitate

integration of plans within a facility, in the event that large

facilities may need to prepare separate plans for distinct operating

units. The ICP concept should also allow coordination of facility plans

with plans that are maintained by local emergency planning committees

(LEPCs),1 Area Committees,2 co-operatives, and mutual aid

organizations. In some cases, there are specific regulatory

requirements to ensure that facility plans are consistent with external

planning efforts. Industry use of this guidance along with active

participation on local and Area Committees will improve the level of

emergency preparedness and is therefore highly encouraged.

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\1\ LEPC plans are developed by LEPCs in coordination with

facility emergency response coordinators under section 303 of the

Emergency Planning and Community Right-to-Know Act.

\2\ Area Contingency Plans are developed by Area Committees

pursuant to section 4202(a)(6) of the Oil Pollution Act of 1990

(OPA).

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In some areas, it may be possible to go beyond simple coordination

of plans and actually integrate certain information from facility plans

with corresponding areas of external plans. The adoption of a single,

common ICP outline such as the one proposed in this guidance would

facilitate a move toward integration of facility plans with local,

state, and federal plans.

The projected results described above will ultimately serve the

mutual goal of the response community to more efficiently and

effectively protect public health, worker safety, the environment, and

property.

Scope

This one-plan guidance is provided for any facility subject to

federal contingency planning regulations and is also recommended for

use by other facilities to improve emergency preparedness through

planning. In this context, the term ``facility'' is meant to have a

wide connotation and may include, but is not limited to, any mobile or

fixed onshore or offshore building, structure, installation, equipment,

pipe, or pipeline.

Facility hazards need to be addressed in a comprehensive and

coordinated manner. Accordingly, this guidance is broadly constructed

to allow for facilities to address a wide range of risks in a manner

tailored to the specific needs of the facility. This includes both

physical and chemical hazards associated with events such as chemical

releases, oil spills, fires, explosions, and natural disasters.

Organizational Concepts

The ICP format provided in this one-plan guidance (See Attachment

1) is organized into three main sections: an introductory section, a

core plan, and a series of supporting annexes. It is important to note

that the elements contained in these sections are not new concepts, but

accepted emergency response activities that are currently addressed in

various forms in existing contingency planning regulations. The goal of

the NRT is not to create new planning requirements, but to provide a

mechanism to consolidate existing concepts into a single functional

plan structure. This approach would provide a consistent basis for

addressing

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emergency response concerns as it gains widespread use among

facilities.

The introduction section of the plan format is designed to provide

facility response personnel, outside responders, and regulatory

officials with basic information about the plan and the entity it

covers. It calls for a statement of purpose and scope, a table of

contents, information on the current revision date of the plan, general

facility information, and the key contact(s) for plan development and

maintenance. This section should present the information in a brief

factual manner.

The structure of the sample core plan and annexes in this guidance

is based on the structure of the National Interagency Incident

Management System (NIIMS) Incident Command System (ICS). NIIMS ICS is a

nationally recognized system currently in use by numerous federal,

state, and local organizations (e.g., some Area Committees under OPA).

NIIMS ICS is a type of response management system that has been used

successfully in a variety of emergency situations, including releases

of oil or hazardous substances. NIIMS ICS provides a commonly

understood framework that allows for effective interaction among

response personnel. Organizing the ICP along the lines of the NIIMS ICS

will allow the plan to dovetail with established response management

practices, thus facilitating its ease of use during an emergency.

The core plan is intended to contain essential response guidance

and procedures. Annexes would contain more detailed supporting

information on specific response management functions. The core plan

should contain frequent references to the response critical annexes to

direct response personnel to parts of the ICP that contain more

detailed information on the appropriate course of action for responders

to take during various stages of a response. Facility planners need to

find the right balance between the amount of information contained in

the core plan versus the response critical annexes (Annexes 1 through

3). Information required to support response actions at facilities with

multiple hazards will likely be contained in the annexes. Planners at

facilities with fewer hazards may choose to include most if not all

information in the core plan. Other annexes (e.g., Annexes 4 through 8)

are dedicated to providing information that is non-critical at the time

of a response (e.g., cross-references to demonstrate regulatory

compliance and background planning information). Consistent with the

goal of keeping the size of the ICP as manageable as practicable, it is

not necessary for a plan holder to provide its field responders with

all the compliance documentation (e.g., Annexes 4 through 8) that it

submits to regulatory agencies. Similarly, it may not be necessary for

a plan holder to submit all annexes to every regulatory agency for

review.

Basic headings are consistent across the core plan and annexes to

facilitate ease of use during an emergency. These headings provide a

comprehensive list of elements to be addressed in the core plan and

response annexes and may not be relevant to all facilities. Planners

should address those regulatory elements that are applicable to their

particular facilities. Planners at facilities with multiple hazards

will need to address most, if not all, elements included in this

guidance. Planners at facilities with fewer hazards may not need to

address certain elements. If planners choose to strictly adopt the ICP

outline contained in this guidance but are not required by regulation

to address all elements of the outline, they may simply indicate ``not

applicable'' for those items where no information is provided. A more

detailed discussion of the core plan and supporting annexes follows.

Core Plan

The core plan is intended to reflect the essential steps necessary

to initiate, conduct, and terminate an emergency response action:

recognition, notification, and initial response, including assessment,

mobilization, and implementation. This section of the plan should be

concise and easy to follow. A rule of thumb is that the core plan

should fit in the glovebox of a response vehicle. The core plan need

not detail all procedures necessary under these phases of a response

but should provide information that is time critical in the earliest

stages of a response and a framework to guide responders through key

steps necessary to mount an effective response. The response action

section should be convenient to use and understandable at the

appropriate skill level.

The NRT recommends the use of checklists or flowcharts wherever

possible to capture these steps in a concise easy-to-understand manner.

The core plan should be constructed to contain references to

appropriate sections of the supporting annexes for more detailed

guidance on specific procedures. The NRT anticipates that for a large,

complex facility with multiple hazards the annexes will contain a

significant amount of information on specific procedures to follow. For

a small facility with a limited number of hazard scenarios, the core

plan may contain most if not all of the information necessary to carry

out the response thus obviating the need for more detailed annexes. The

checklists, depending on their size and complexity, can be in either

the core or the support section.

The core plan should reflect a hierarchy of emergency response

levels. A system of response levels is commonly used in emergency

planning for classifying emergencies according to seriousness and

assigning an appropriate standard response or series of response

actions to each level. Both complex and simple industrial facilities

use a system of response levels for rapidly assessing the seriousness

of an emergency and developing an appropriate response. This process

allows response personnel to match the emergency and its potential

impacts with appropriate resources and personnel. The concept of

response levels should be considered in developing checklists or

flowcharts designed to serve as the basis for the core plan. Note that

for those facilities subject to planning requirements under OPA,

response levels in the core plan may not necessarily correspond to

discharge planning amounts (e.g., average most probable discharge,

maximum most probable discharge, and worst case discharge).

Facility owners and operators should determine appropriate response

levels based on 1) the need to initiate time-urgent response actions to

minimize or prevent unacceptable consequences to the health and safety

of workers, the public, or the environment; and 2) the need to

communicate critical information concerning the emergency to offsite

authorities. The consideration and development of response levels

should, to the extent practicable, be consistent with similar efforts

that may have been taken by the LEPC, local Area Committee, or mutual

aid organization. Response levels, which are used in communications

with offsite authorities, should be fully coordinated and use

consistent terminology.

Annexes

The annexes are designed to provide key supporting information for

conducting an emergency response under the core plan as well as

document compliance with regulatory requirements not addressed

elsewhere in the ICP. Annexes are not meant to duplicate information

that is already contained in the core plan, but to augment core plan

information. The annexes should relate to the basic

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headings of the core plan. To accomplish this, the annexes should

contain sections on facility information, notification, and a detailed

description of response procedures under the response management system

(i.e, command, operations, planning, logistics, and finance). The

annexes should also address issues related to post accident

investigation, incident history, written follow-up reports, training

and exercises, plan critique and modification process, prevention, and

regulatory compliance, as appropriate.

The ICP format contained in this guidance is based on the NIIMS

ICS. If facility owners or operators choose to follow fundamental

principles of the NIIMS ICS, then they may adopt NIIMS ICS by reference

rather than having to describe the system in detail in the plan. The

owner or operator should identify where NIIMS ICS documentation is kept

at the facility and how it will be accessed if needed by the facility

or requested by the reviewing agency. Regardless of the response

management system used, the plan should include an organization chart,

specific job descriptions,3 a description of information flow

ensuring liaison with the on-scene coordinator (OSC), and a description

of how the selected response management system integrates with a

Unified Command.4 If a system other than NIIMS ICS is used, the

plan should also identify how it differs from NIIMS or provide a

detailed description of the system used.

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\3\ OPA 90 planning requirements for marine transfer facilities

(33 CFR 154.1035) require job descriptions for each spill management

team member regardless of the response management system employed by

the facility.

\4\ Under NIIMS ICS, the command module has traditionally been

represented by a single incident commander (supported by a command

staff) who directs efforts of and receives input from the four

supporting functional areas (planning, logistics, operations, and

finance). More recently, a Unified Command System as described in

the National Oil and Hazardous Substances Pollution Contingency Plan

(NCP) found at 40 CFR part 300 has been used for larger spill

responses where the command module is comprised of representatives

from the federal government (i.e., federal on-scene coordinator),

state government (state on-scene coordinator), and the responsible

party working in a cooperative manner. Unified Command allows all

parties who have jurisdictional or functional responsibility for the

incident to jointly develop a common set of incident objectives and

strategies. Such coordination should be guided by procedures found

in the NCP (see figure 1a at 40 CFR 300.105(e)(1)) and the

applicable Area Contingency Plan.

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The NRT anticipates that the use of linkages (i.e., references to

other plans) when developing annexes will serve several purposes.

Linkages will facilitate integration with other emergency plans within

a facility (until such plans can be fully incorporated into the ICP)

and with external plans, such as LEPC plans and Area Contingency Plans

(ACPs). Linkages will also help ensure that the annexes do not become

too cumbersome. The use of references to information contained in

external plans does not relieve facilities from regulatory requirements

to address certain elements in a facility-specific manner and to have

information readily accessible to responders. When determining what

information may be linked by reference and what needs to be contained

in the ICP, response planners should carefully consider the time

critical nature of the information. If instructions or procedures will

be needed immediately during an incident response, they should be

presented for ready access in the ICP. The following information would

not normally be well-suited for reference to documents external to the

ICP: core plan elements, facility and locality information (to allow

for quick reference by responders on the layout of the facility and the

surrounding environment and mitigating actions for the specific

hazard(s) present), notification procedures, details of response

management personnel's duties, and procedures for establishing the

response management system. Although linkages provide the opportunity

to utilize information developed by other organizations, facilities

should note that many LEPC plans and ACPs may not currently possess

sufficient detail to be of use in facility plans or the ICP. This

information may need to be developed by the facility until detailed

applicable information from broader plans is available.

In all cases, referenced materials must be readily available to

anticipated plan users. Copies of documents that have been incorporated

by reference need not be submitted unless it is required by regulation.

The appropriate sections of referenced documents that are unique to the

facility, those that are not nationally recognized, those that are

required by regulation, and those that could not reasonably be expected

to be in the possession of the reviewing agency, should be provided

when the plan is submitted for review and/or approval. Discretion

should be used when submitting documents containing proprietary data.

It is, however, necessary to identify in the ICP the specific section

of the document being incorporated by reference, where the document is

kept, and how it will be accessed if needed by the facility or

requested by the reviewing agency. In addition, facility owners or

operators are reminded to take note of submission requirements of

specific regulations when determining what materials to provide an

agency for review as it may not be necessary to submit all parts of an

ICP to a particular agency.

As discussed previously, this guidance contains a series of

matrices designed to assist owners and operators in the plan

consolidation process and in the process of ensuring and documenting

compliance with regulatory requirements. The matrix in Attachment 2 to

this guidance displays areas of current regulations that align with the

suggested elements contained in this guidance document. When addressing

each element of the ICP outline, plan drafters can refer to this matrix

to identify specific regulatory requirements related to that element.

The matrices in Attachment 3 to this guidance display regulatory

requirements as contained in each of the regulations listed in the NRT

policy statement above (which are applicable to many facilities) along

with an indication of where in the suggested ICP outline these

requirements should be addressed. If a facility chooses to follow the

ICP outline, these matrices can be included as Annex 8 to a facility's

ICP to provide the necessary cross-reference for plan reviewers to

document compliance with various regulatory requirements. To the extent

that a plan deviates from the suggested ICP outline, plan drafters will

have to alter the matrices to ensure that the location of regulatory

requirements within the ICP is clearly identified for plan reviewers.

Integrated Contingency Plan Elements

Presented below is a list of elements to be addressed in the ICP

and a brief explanation, displayed in italicized text, of the nature of

the information to be contained in that section of the ICP. Attachment

1 presents the complete outline of the ICP without the explanatory

text. As discussed previously, the elements are organized into three

main sections: plan introduction, core plan, and response annexes.

Section I--Plan Introduction Elements

1. Purpose and Scope of Plan Coverage

This section should provide a brief overview of facility operations

and describe in general the physical area, and nature of hazards or

events to which the plan is applicable. This brief description will

help plan users quickly assess the relevancy of the plan to a

particular type of emergency in a given location. This section should

also include a list of which regulation(s) are being addressed in the

ICP.

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2. Table of Contents

This section should clearly identify the structure of the plan and

include a list of annexes. This will facilitate rapid use of the plan

during an emergency.

3. Current Revision Date

This section should indicate the date that the plan was last

revised to provide plan users with information on the currency of the

plan. More detailed information on plan update history (i.e., a record

of amendments) may be maintained in Annex 6 (Response Critique and Plan

Review and Modification Process).

4. General Facility Identification Information

a. Facility name

b. Owner/operator/agent (include physical and mailing address and phone

number)

c. Physical address of the facility (include county/parish/borough,

latitude/longitude, and directions)

d. Mailing address of the facility (correspondence contact)

e. Other identifying information (e.g., ID numbers, SIC Code, oil

storage start-up date)

f. Key contact(s) for plan development and maintenance

g. Phone number(s) for key contact(s)

h. Facility phone number

i. Facility fax number

This section should contain a brief profile of the facility and its

key personnel to facilitate rapid identification of key administrative

information.

Section II - Core Plan Elements

1. Discovery

This section should address the initial action the person(s)

discovering an incident will take to assess the problem at hand and

access the response system. Recognition, basic assessment, source

control (as appropriate), and initial notification of proper personnel

should be addressed in a manner that can be easily understood by

everybody in the facility. The use of checklists or flowcharts is

highly recommended.

2. Initial Response

a. Procedures for internal and external notifications (i.e., contact,

organization name, and phone number of facility emergency response

coordinator, facility response team personnel, federal, state, and

local officials)

b. Establishment of a response management system

c. Procedures for preliminary assessment of the situation, including an

identification of incident type, hazards involved, magnitude of the

problem, and resources threatened

d. Procedures for establishment of objectives and priorities for

response to the specific incident, including:

(1) Immediate goals/tactical planning (e.g., protection of workers

and public as priorities)

(2) Mitigating actions (e.g., discharge/release control,

containment, and recovery, as appropriate)

(3) Identification of resources required for response

e. Procedures for implementation of tactical plan

f. Procedures for mobilization of resources

This section should provide for activation of the response system

following discovery of the incident. It should include an established

24-hour contact point (i.e., that person and alternate who is called to

set the response in motion) and instructions for that person on who to

call and what critical information to pass. Plan drafters should also

consider the need for bilingual notification. It is important to note

that different incident types require that different parties be

notified. Appropriate federal, State, and local notification

requirements should be reflected in this section of the ICP. Detailed

notification lists may be included here or in Annex 2, depending upon

the variety of notification schemes that a facility may need to

implement. For example, the release of an extremely hazardous substance

will require more extensive notifications (i.e., to State Emergency

Response Commissions (SERCs) and LEPCs) than a discharge of oil. Even

though no impacts or awareness are anticipated outside the site,

immediate external notifications are required for releases of CERCLA

and EPCRA substances. Again, the use of forms, such as flowcharts,

checklists, call-down lists, is recommended.

This section should instruct personnel in the implementation of a

response management system for coordinating the response effort. More

detailed information on specific components and functions of the

response management system (e.g., detailed hazard assessment, resource

protection strategies) may be provided in annexes to the ICP.

This part of the plan should then provide information on problem

assessment, establishment of objectives and priorities, implementation

of a tactical plan, and mobilization of resources. In establishing

objectives and priorities for response, facilities should perform a

hazard assessment using resources such as Material Safety Data Sheets

(MSDSs) or the Chemical Hazard Response Information System (CHRIS)

manual. Hazardous Materials Emergency Planning Guide (NRT-1), developed

by the NRT to assist community personnel with emergency response

planning, provides guidance on developing hazard analyses. If a

facility elects to provide detailed hazard analysis information in a

response annex, then a reference to that annex should be provided in

this part of the core plan.

Mitigating actions must be tailored to the type of hazard present.

For example, containment might be applicable to an oil spill (i.e., use

of booming strategies) but would not be relevant to a gas release. The

plan holder is encouraged to develop checklists, flowcharts, and brief

descriptions of actions to be taken to control different types of

incidents. Relevant questions to ask in developing such materials

include:

What type of emergency is occurring?

What areas/resources have been or will be affected?

Do we need an exclusion zone?

Is the source under control?

What type of response resources are needed?

3. Sustained Actions

This section should address the transition of a response from the

initial emergency stage to the sustained action stage where more

prolonged mitigation and recovery actions progress under a response

management structure. The NRT recognizes that most incidents are able

to be handled by a few individuals without implementing an extensive

response management system. This section of the core plan should be

brief and rely heavily on references to specific annexes to the ICP.

4. Termination and Follow-Up Actions

This section should briefly address the development of a mechanism

to ensure that the person in charge of mitigating the incident can, in

coordination with the federal or state OSC as necessary, terminate the

response. In the case of spills, certain regulations may become

effective once the ``emergency'' is declared over. The section should

describe how the orderly demobilization of response resources will

occur. In addition, follow-up actions associated with termination of a

response (e.g., accident investigation, response critique, plan review,

written follow-up reports) should also be outlined in this section.

Plan drafters

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may reference appropriate annexes to the ICP in this section of the

core plan.

Section III--Annexes

Annex 1. Facility and Locality Information

a. Facility maps

b. Facility drawings

c. Facility description/layout, including identification of facility

hazards and vulnerable resources and populations on and off the

facility which may be impacted by an incident

This annex should provide detailed information to responders on the

layout of the facility and the surrounding environment. The use of maps

and drawings to allow for quick reference is preferable to detailed

written descriptions. These should contain information critical to the

response such as the location of discharge sources, emergency shut-off

valves and response equipment, and nearby environmentally and

economically sensitive resources and human populations (e.g., nursing

homes, hospitals, schools). The ACP and LEPC plan may provide specific

information on sensitive environments and populations in the area. EPA

Regional Offices, Coast Guard Marine Safety Offices, and LEPCs can

provide information on the status of efforts to identify such

resources. Plan holders may need to provide additional detail on

sensitive areas near the facility. In addition, this annex should

contain other facility information that is critical to response and

should complement but not duplicate information contained in part 4 of

the plan introduction section containing administrative information on

the facility.

Annex 2. Notification

a. Internal notifications

b. Community notifications

c. Federal and state agency notifications

This annex should detail the process of making people aware of an

incident (i.e., who to call, when the call must be made, and what

information/data to provide on the incident). The incident commander is

responsible for ensuring that notifications are carried out in a timely

manner but is not necessarily responsible for making the notifications.

ACPs, Regional Contingency Plans (RCPs), and LEPC plans should be

consulted and referenced as a source of information on the roles and

responsibilities of external parties that are to be contacted. This

information is important to help company responders understand how

external response officials fit into the picture. Call-down lists must

be readily accessible to ensure rapid response. Notification lists

provided in the core plan need not be duplicated here but need to be

referenced.

Annex 3. Response Management System

This annex should contain a general description of the facility's

response management system as well as contain specific information

necessary to guide or support the actions of each response management

function (i.e., command, operations, planning, logistics, and finance)

during a response.

a. General

If facility owners or operators choose to follow the fundamental

principles of NIIMS ICS (see discussion of annexes above), then they

may adopt NIIMS ICS by reference rather than having to describe the

response management system in detail in the plan. In this section of

Annex 3, planners should briefly address either 1) basic areas where

their response management system is at variance with NIIMS ICS or 2)

how the facility's organization fits into the NIIMS ICS structure. This

may be accomplished through a simple organizational diagram.

If facility owners or operators choose not to adopt the fundamental

principles of NIIMS ICS, this section should describe in detail the

structure of the facility response management system. Regardless of the

response management system used, this section of the annex should

include the following information:

Organizational chart;

Specific job description for each position; 5

---------------------------------------------------------------------------

\5\ OPA 90 planning requirements for marine transfer facilities

(33 CFR 154.1035) require job descriptions for each spill management

team member regardless of the response management system employed by

the facility.

---------------------------------------------------------------------------

A detailed description of information flow; and

Description of the formation of a unified command within

the response management system.

b. Command

(1) List facility Incident Commander and Qualified Individual (if

applicable) by name and/or title and provide information on their

authorities and duties.

This section of Annex 3 should describe the command aspects of the

response management system that will be used (i.e., reference NIIMS ICS

or detail the facility's response management system). The location(s)

of predesignated command posts should also be identified.

(2) Information (i.e., internal and external communications).

This section of Annex 3 should address how the facility will

disseminate information internally (i.e., to facility/response

employees) and externally (i.e., to the public). For example, this

section might address how the facility would interact with local

officials to assist with public evacuation and other needs. Items to

consider in developing this section include press release statement

forms, plans for coordination with the news media, community relations

plan, needs of special populations, and plans for families of

employees.

(3) Safety.

This section of Annex 3 should include a process for ensuring the

safety of responders. Facilities should reference responsibilities of

the safety officer, federal/state requirements (e.g., HAZWOPER), and

safety provisions of the ACP. Procedures for protecting facility

personnel should be addressed (i.e., evacuation signals and routes,

sheltering in place).

(4) Liaison--Staff Mobilization.

This section of Annex 3 should address the process by which the

internal and external emergency response teams will interact. Given

that parallel mobilization may be occurring by various response groups,

the process of integration (i.e., unified command) should be addressed.

This includes a process for communicating with local emergency

management especially where safety of the general public is concerned.

c. Operations

(1) Operational response objectives

(2) Discharge or release control

(3) Assessment/monitoring

(4) Containment

(5) Recovery

(6) Decontamination

(7) Non-responder medical needs, including information on ambulances

and hospitals

(8) Salvage plans

This section of Annex 3 should contain a discussion of specific

operational procedures to respond to an incident. It is important to

note that response operations are driven by the type of incident. That

is, a response to an oil spill will differ markedly from a response to

a release of a toxic gas to the air. Plan drafters should tailor

response procedures to the particular hazards in place at the facility.

A facility with limited hazards may have relatively few procedures. A

larger more complex facility with numerous hazards is likely to have a

series of procedures

[[Page 28648]]

designed to address the nuances associated with each type of incident.

d. Planning

(1) Hazard assessment, including facility hazards identification,

vulnerability analysis, prioritization of potential risks.

This section of Annex 3 should present a detailed assessment of all

potential hazards present at the facility, an analysis of vulnerable

receptors (e.g., human populations, both workers and the general

public, environmentally sensitive areas, and other facility-specific

concerns) and a discussion of which risks deserve primary consideration

during an incident. NRT-1 contains guidance on conducting a hazard

analysis. Also, ACPs and LEPC plans may provide information on

environmentally sensitive and economically important areas, human

populations, and protection priorities. Plan drafters should address

the full range of risks present at the facility. By covering actions

necessary to respond to a range of incident types, plan holders can be

prepared for small, operational discharges and large catastrophic

releases. One approach that is required by certain regulations, such as

the Clean Air Act (CAA) and OPA is to develop planning scenarios for

certain types and sizes of releases (i.e., worst case discharge).

Facilities may address such planning scenarios and associated

calculations in this section of Annex 3 or as part of a separate annex

depending on the size and complexity of the facility.

(2) Protection

This section of Annex 3 should present a discussion of strategies

for protecting the vulnerable receptors identified through the hazard

analysis. Primary consideration should be given to minimizing those

risks identified as a high priority. Activities to be considered in

developing this section include: population protection; protective

booming; dispersant use, in-situ burning, bioremediation; water intake

protection; wildlife recovery/rehabilitation; natural remediation;

vapor suppression; and monitoring, sampling, and modeling. ACPs and

LEPC plans may contain much of this information.

(3) Coordination with natural resource trustees.

This section should address coordination with government natural

resource trustees. In their role as managers of and experts in natural

resources, trustees assist the federal OSC in developing or selecting

removal actions to protect these resources. In this role, they serve as

part of the response organization working for the federal OSC. A key

area to address is interaction with facility response personnel in

protection of natural resources.

Natural resource trustees are also responsible to act on behalf of

the public to present a claim for and recover damages to natural

resources injured by an oil spill or hazardous substance release. The

process followed by the natural resource trustees, natural resource

damage assessment (NRDA), generally involves some data collection

during emergency response. NRDA regulations provide that the process

may be carried out in cooperation with the responsible party. Thus, the

facility may wish to plan for how that cooperation will occur,

including designation of personnel to work with trustees in NRDA.

(4) Waste management.

This section should address procedures for the disposal of

contaminated materials in accordance with federal, state, and local

requirements.

e. Logistics

(1) Medical needs of responders

(2) Site security

(3) Communications (internal and external resources)

(4) Transportation (air, land, water)

(5) Personnel support (e.g., meals, housing, equipment)

(6) Equipment maintenance and support

This section of the Annex 3 should address how the facility will

provide for the operational needs of response operations in each of the

areas listed above. For example, the discussion of personnel support

should address issues such as: volunteer training; management;

overnight accommodations; meals; operational/administrative spaces; and

emergency procedures. The NRT recognizes that certain logistical

considerations may not be applicable to small facilities with limited

hazards.

f. Finance/procurement/administration

(1) Resource list

(2) Personnel management

(3) Response equipment

(4) Support equipment

(5) Contracting

(6) Claims procedures

(7) Cost documentation

This section of Annex 3 should address the acquisition of resources

(i.e., personnel and equipment) for the response and monitoring of

incident-related costs. Lists of available equipment in the local and

regional area and how to procure such equipment as necessary should be

included. Information on previously established agreements (e.g.,

contracts) with organizations supplying personnel and equipment (e.g.,

oil spill removal organizations) also should be included. This section

should also address methods to account for resources expended and to

process claims resulting from the incident.

Annex 4. Incident Documentation

a. Post accident investigation

b. Incident history

This annex should describe the company's procedures for conducting

a follow-up investigation of the cause of the accident, including

coordination with federal, State, and local officials. This annex

should also contain an accounting of incidents that have occurred at

the facility, including information on cause, amount released,

resources impacted, injuries, response actions, etc. This annex should

also include information that may be required to prove that the

facility met its legal notification requirements with respect to a

given incident, such as a signed record of initial notifications and

certified copies of written follow-up reports submitted after a

response.

Annex 5. Training and Exercises/Drills

This annex should contain a description of the training and

exercise program conducted at the facility as well as evidence (i.e.,

logs) that required training and exercises have been conducted on a

regular basis. Facilities may follow appropriate training or exercise

guidelines (e.g., National Preparedness for Response Exercise Program

Guidelines) as allowed under the various regulatory requirements.

Annex 6. Response Critique and Plan Review and Modification Process

This annex should describe procedures for modifying the plan based

on periodic plan review or lessons learned through an exercise or a

response to an actual incident. Procedures to critique an actual or

simulated response should be a part of this discussion. A list of plan

amendments (i.e., history of updates) should also be contained in this

annex. Plan modification should be viewed as a part of a facility's

continuous improvement process.

Annex 7. Prevention

Some federal regulations that primarily address prevention of

accidents include elements that relate to contingency planning (e.g.,

EPA's RMP and SPCC regulations and OSHA's Process Safety Standard).

This annex is designed to allow facilities to include

[[Page 28649]]

prevention-based requirements (e.g., maintenance, testing, in-house

inspections, release detection, site security, containment, fail safe

engineering) that are required in contingency planning regulations or

that have the potential to impact response activities covered in a

contingency plan. The modular nature of the suggested plan outline

provides planners with necessary flexibility to include prevention

requirements in the ICP. This annex may not need to be submitted to

regulatory agencies for review.

Annex 8. Regulatory Compliance and Cross-Reference Matrices

This annex should include information necessary for plan reviewers

to determine compliance with specific regulatory requirements. To the

extent that plan drafters did not include regulatory required elements

in the balance of the ICP, they should be addressed in this annex. This

annex should also include signatory pages to convey management approval

and certifications required by the regulations, such as certification

of adequate response resources and/or statements of regulatory

applicability as required by regulations under OPA authority. Finally,

this annex should contain cross-references that indicate where specific

regulatory requirements are addressed in the ICP for each regulation

covered under the plan. As discussed previously, Attachment 3 contains

a series of matrices designed to fulfill this need in those instances

where plan drafters adhere to the outline contained in this guidance.

Attachment 1--ICP Outline

Section I--Plan Introduction Elements

1. Purpose and Scope of Plan Coverage

2. Table of Contents

3. Current Revision Date

4. General Facility Identification Information

a. Facility name

b. Owner/operator/agent (include physical and mailing address

and phone number)

c. Physical address of the facility (include county/parish/

borough, latitude/longitude, and directions)

d. Mailing address of the facility (correspondence contact)

e. Other identifying information (e.g., ID numbers, SIC Code,

oil storage start-up date)

f. Key contact(s) for plan development and maintenance

g. Phone number for key contact(s)

h. Facility phone number

i. Facility fax number

Section II--Core Plan Elements

1. Discovery

2. Initial Response

a. Procedures for internal and external notifications (i.e.,

contact, organization name, and phone number of facility emergency

response coordinator, facility response team personnel, federal,

state, and local officials)

b. Establishment of a response management system

c. Procedures for preliminary assessment of the situation,

including an identification of incident type, hazards involved,

magnitude of the problem, and resources threatened

d. Procedures for establishment of objectives and priorities for

response to the specific incident, including:

(1) Immediate goals/tactical planning (e.g., protection of

workers and public as priorities)

(2) Mitigating actions (e.g., discharge/release control,

containment, and recovery, as appropriate)

(3) Identification of resources required for response

e. Procedures for implementation of tactical plan

f. Procedure for mobilization of resources

3. Sustained Actions

4. Termination and Follow-Up Actions

Section III-Annexes

Annex 1. Facility and Locality Information

a. Facility maps

b. Facility drawings

c. Facility description/layout, including identification of facility

hazards and vulnerable resources and populations on and off the

facility which may be impacted by an incident

Annex 2. Notification

a. Internal notifications

b. Community notifications

c. Federal and state agency notifications

Annex 3. Response Management System

a. General

b. Command

(1) List facility Incident Commander and Qualified Individual

(if applicable) by name and/or title and provide information on

their authorities and duties

(2) Information (i.e., internal and external communications)

(3) Safety

(4) Liaison--Staff mobilization

c. Operations

(1) Operational response objectives

(2) Discharge or release control

(3) Assessment/monitoring

(4) Containment

(5) Recovery

(6) Decontamination

(7) Non-responder medical needs including information on

ambulances and hospitals

(8) Salvage plans

d. Planning

(1) Hazard assessment, including facility hazards

identification, vulnerability analysis, prioritization of potential

risks

(2) Protection

(3) Coordination with natural resource trustees

(4) Waste management

e. Logistics

(1) Medical needs of responders

(2) Site security

(3) Communications (internal and external resources)

(4) Transportation (air, land, water)

(5) Personnel support (e.g., meals, housing, equipment)

(6) Equipment maintenance and support

f. Finance/procurement/administration

(1) Resource list

(2) Personnel management

(3) Response equipment

(4) Support equipment

(5) Contracting

(6) Claims procedures

(7) Cost documentation

Annex 4. Incident Documentation

a. Post accident investigation

b. Incident history

Annex 5. Training and Exercises/Drills

Annex 6. Response Critique and Plan Review and Modification Process

Annex 7. Prevention

Annex 8. Regulatory Compliance and Cross-Reference Matrices

BILLING CODE 6560-50-P

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[GRAPHIC] [TIFF OMITTED] TN05JN96.000

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[GRAPHIC] [TIFF OMITTED] TN05JN96.001

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[GRAPHIC] [TIFF OMITTED] TN05JN96.002

[[Page 28653]]

[GRAPHIC] [TIFF OMITTED] TN05JN96.003

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[GRAPHIC] [TIFF OMITTED] TN05JN96.004

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[GRAPHIC] [TIFF OMITTED] TN05JN96.005

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[GRAPHIC] [TIFF OMITTED] TN05JN96.006

BILLING CODE 6560-50-C

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Attachment 3: Regulatory Cross-Comparison Matrices

------------------------------------------------------------------------

ICP Citation(s)

------------------------------------------------------------------------

RCRA (40 CFR Part 264 Subpart D 1, 40 CFR Part 265 Subpart D 2, 40 CFR

Part 279.52(b) 3)

------------------------------------------------------------------------

264.52 Content of contingency plan:

(a) Emergency response actions.4

(b) Amendments to SPCC plan.

(c) Coordination with State and local II.2.b;III.3.a.

response parties 5.

(d) Emergency coordinator(s)............. II.2.a; III.2.

(e) Detailed description of emergency II.2.d.(3); II.2.e;

equipment on-site. II.2.f; III.3.f.(1);

III.3.f.(3);

III.3.f.(4).

(f) Evacuation plan if applicable........ III.3.b.(3).

264.53 Copies of contingency plan.

264.54 Amendment of contingency plan........ III.6.

264.55 Emergency coordinator................ II.2.a; III.3.b.(1).

264.56 Emergency procedures:

(a) Notification......................... II.2.a; III.2;

III.3.b.(2).

(b) Emergency identification/ II.2.c; III.3.c.(3).

characterization.

(c) Health/environmental assessment...... II.2.c; III.3.c.(3).

(d) Reporting............................ II.2.a; III.2;

III.3.c.(3).

(e) Containment.......................... III.3.c.(2); III.3.c.(4).

(f) Monitoring........................... III.3.b.(3); III.3.c.(3).

(g) Treatment, storage, or disposal of III.3.d.(4).

wastes.

(h) Cleanup procedures:..................

(1) Disposal......................... III.3.d.(4).

(2) Decontamination.................. III.3.c.(6).

(i) Follow-up procedures................. II.4.

(j) Follow-up report..................... III.4.a.

265.52 Content of contingency plan:

(a) Emergency response actions.6

(b) Amendments to SPCC plan.

(c) Coordination with State and local II.2.b; III.3.a.

response parties 7.

(d) Emergency coordinator(s)............. II.2.a; III.2.

(e) Detailed description of emergency II.2.d.(3); II.2.e;

equipment on-site. II.2.f; III.3.f.(1);

III.3.f.(3);

III.3.f.(4).

(f) Evacuation plan if applicable........ III.3.b.(3).

265.53 Copies of contingency plan.

265.54 Amendment of contingency plan........ III.6.

265.55 Emergency coordinator................ II.2.a; III.3.b.(1).

265.56 Emergency procedures:

(a) Notification......................... II.2.a; III.2;

III.3.b.(2).

(b) Emergency identification/ II.2.c; III.3.c.(3).

characterization.

(c) Health/environmental assessment...... II.2.c; III.3.c.(3).

(d) Reporting............................ II.2.a; III.2;

III.3.c.(3).

(e) Containment.......................... III.3.c.(2); III.3.c.(4).

(f) Monitoring........................... III.3.b.(3); III.3.c.(3).

(g) Treatment, storage, or disposal of III.3.d.(4).

wastes.

(h) Cleanup procedures:

(1) Disposal......................... III.3.d.(4).

(2) Decontamination.................. III.3.c.(6).

(i) Follow-up procedures................. II.4.

(j) Follow-up report..................... III.4.a.

279.52(b)(2) Content of contingency plan:

(i) Emergency response actions 8

(ii) Amendments to SPCC plan.

(iii) Coordination with State and local II.2.b; III.3.a.

response parties 9.

(iv) Emergency coordinator(s)............ II.2.a; III.2.

(v) Detailed description of emergency II.2.d.(3); II.2.e;

equipment on-site. II.2.f; III.3.f.(1);

III.3.f.(3); III.3.f(4).

(vi) Evacuation plan if applicable....... III.3.b.(3).

(3) Copies of contingency plan.

(4) Amendment of contingency plan............ III.6.

(5) Emergency coordinator.................... II.2.a; III.3.b.(1).

(6) Emergency procedures:

(i) Notification......................... II.2.a; III.2;

III.3.b.(2).

(ii) Emergency identification/ II.2.c; III.3.c.(3).

characterization.

(iii) Health/environmental assessment.... II.2.c; III.3.c.(3).

(iv) Reporting........................... II.2.a; III.2;

III.3.c.(3).

(v) Containment.......................... III.3.c.(2); III.3.c.(4).

(vi) Monitoring.......................... III.3.b.(3); III.3.c.(3).

(vii) Treatment, storage, or disposal of III.3.d.(4).

wastes.

(viii) Cleanup procedures:

(A) Disposal......................... III.3.d.(4).

(B) Decontamination.................. III.3.c.(6).

[[Page 28658]]

(ix) Follow-up report.................... III.4.a.

------------------------------------------------------------------------

EPA's Oil Pollution Prevention Regulation (40 CFR 112)

------------------------------------------------------------------------

112.7(d)(1) Strong spill contingency plan .........................

and written commitment of manpower,

equipment, and materials.10,11

112.20(g) General response planning III.3.d.(3); III.6.

requirements.

112.20(h) Response plan elements............. I.2; III.8.

(1) Emergency response action plan .........................

(Appendix F1.1):

(i) Identity and telephone number of III.3.b.(1).

qualified individual (F1.2.5).

(ii) Identity of individuals/ III.2.

organizations to contact if there is

a discharge (F1.3.1).

(iii) Description of information to II.2.a.

pass to response personnel in event

of a reportable spill (F1.3).

(iv) Description of facility's II.2.d.(3); III.3.e.(3);

response equipment and its location III.3.e.(6);

(F1.3.2). III.3.f.(1);

III.3.f.(3).

(v) Description of response II.2.b; III.3;

personnel capabilities (F1.3.4). III.3.e.(5);

III.3.f.(2);

(vi) Plans for evacuation of the III.3.b.(3); III.3.e.(5)

facility and a reference to

community evacuation plans (F1.3.5).

(vii) Description of immediate II.2.d.(2); III.3.c.(2);

measures to secure the source III.3.c.(4).

(F1.7.1).

(viii) Diagram of the facility (F1.9) III.1.a-b.

(2) Facility information (F1.2, F2.0).... I.4.b-d; III.1.

(3) Information about emergency

responses:

(i) Identity of private personnel and III.3.c.(2); III.3.c.(4)-

equipment to remove to the maximum (5); III.3.e.(5).

extent practicable a WCD or other

discharges (F1.3.2, F1.3.4).

(ii) Evidence of contracts or other III.3.e.(5); III.3.f.(5)

approved means for ensuring

personnel and equipment availability.

(iii) Identity and telephone of II.2.a; III.2.b-d;

individuals/organizations to be III.3.b.(2).

contacted in event of a discharge

(F1.3.1).

(iv) Description of information to II.2.a.

pass to response personnel in event

of a reportable spill (F1.3.1).

(v) Description of response personnel II.2.b; III.3;

capabilities (F1.3.4). III.3.e.(5);

III.3.f.(2).

(vi) Description of a facility's II.2.d.(3); III.3.e.(3);

response equipment, location of the III.3.e.(6);

equipment, and equipment testing III.3.f.(1);

(F1.3.2, F1.3.3). III.3.f.(3).

(vii) Plans for evacuation of the III.3.b.(3); III.3.e.(5).

facility and a reference to

community evacuation plans as

appropriate (F1.3.5).

(viii) Diagram of evacuation routes III.3.b.(3).

(F1.9)..

(ix) Duties of the qualified II.2.c; II.2.d.(1);

individual (F1.3.6). I.2.e; III.2.b-c;

III.3.c.(3);

III.3.d.(1); III.3.f.

(4) Hazard evaluation (F1.4)............. II.2.c; III.3.d.(1);

III.4.b.

(5) Response planning levels (F1.5, II.3.d.(1).

F1.5.1, F1.5.2).

(6) Discharge detection systems (F1.6, II.1.

F1.6.1, F1.6.2).

(7) Plan implementation (F1.7)........... II.2.d-f; II.3; II.4.

(i) Response actions to be carried II.2; III.3.d.(2).

out (F1.7.1.1).

(ii) Description of response III.3.d.(1).

equipment to be used for each

scenario (F1.7.1.1).

(iii) Plans to dispose of III.3.c.(5)-(6)

contaminated cleanup materials

(F1.7.2).

(iv) Measures to provide adequate III.3.c.(2); III.3.c.(4);

containment and drainage of spilled III.3.d.(2);

oil (F1.7.3). III.3.d.(4).

(8) Self-inspection, drills/ III.3.e.(6); III.5.

exercises, and response training

(F1.8.1-F1.8.3.2).

(9) Diagrams (F1.9).................. III.1.b.

(10) Security systems (F1.10)........ III.3.e.(2).

(11) Response plan cover sheet

(F2.0).

112.21 Facility response training and drills/ III.5.

exercises (F1.8.2, F1.8.3).

Appendix F Facility-Specific Response Plan: I.2.

12

1.0 Model Facility-Specific Response

Plan.

1.1 Emergency Response Action Plan.

1.2 Facility Information................ I.3; I.4.a; I.4.b-c;

I.4.h; II.2.a; III.1.

1.3 Emergency Response Information:

1.3.1 Notification.................. II.2.a; III.2.a-c.

1.3.2 Response Equipment List....... II.2.d.(3); III.3.e.(3);

III.3.f.(1); III.3.f.(3)-

(4).

1.3.3 Response Equipment Testing/ III.3.e.(6).

Deployment.

1.3.4 Personnel..................... II.2.b; III.3;

III.3.f.(2).

1.3.5 Evacuation Plans.............. III.3.b.(3); III.3.e.(5).

1.3.6 Qualified Individual's Duties. II.2.

1.4 Hazard Evaluation................... II.2.c.

1.4.1 Hazard Identification......... III.1.c; III.3.d.(1).

1.4.2 Vulnerability Analysis........ II.2.c; III.3.d.(1).

1.4.3 Analysis of the Potential for III.3.d.(1).

an Oil Spill.

1.4.4 Facility Reportable Oil Spill III.4.b.

History.

1.5 Discharge Scenarios:

1.5.1 Small and Medium Discharges... III.3.d.(1).

1.5.2 Worst Case Discharge.......... III.3.d.(1).

1.6 Discharge Detection Systems:

1.6.1 Discharge Detection By II.1.

Personnel.

[[Page 28659]]

1.6.2 Automated Discharge Detection. II.1.

1.7 Plan Implementation................. II.2.

1.7.1 Response Resources for Small, II.2.d.(3); II.2.f;

Medium, and Worst Case Spills. III.3.c.(3);

III.3.d.(2);

III.3.f.(1); III.3.f.(3)-

(4).

1.7.2 Disposal Plans................ III.3.c.(5)-(6);

III.3.d.(4).

1.7.3 Containment and Drainage II.2.d; III.3.c.(4);

Planning. III.3.d.(2).

1.8 Self-Inspection, Drills/Exercises,

and Response Training:

1.8.1 Facility Self-Inspection...... III.3.e.(6).

1.8.2 Facility Drills/Exercises..... III.5.

1.8.3 Response Training............. III.5.

1.9 Diagrams............................ I.4; III.1.a-c.

1.10 Security........................... III.3.e.(2).

2.0 Response Plan Cover Sheet........... I.4.b; I.4.c; I.4.h;

III.1.

------------------------------------------------------------------------

USCG FRP (33 CFR part 154)

------------------------------------------------------------------------

154.1026 Qualified individual and alternate lI.2.a; III.3.b.(1).

qualified individual.

154.1028 Availability of response resources III.3.f or III.8;

by contract or other approved means. III.3.f.(5).

154.1029 Worst case discharge............... III.3.d.(1).

154.1030 General response plan contents:....

(a) The plan must be written in English.

(b) Organization of the plan 13.......... I.2.

(c) Required contents.

(d) Sections submitted to COTP...........

(e) Cross-references..................... III.8.

(f) Consistency with NCP and ACPs........ III.3.d.(3).

154.1035 Significant and substantial harm

facilities:

(a) Introduction and plan content........ III.1.

(1) Facility's name, physical and I.4.a; I.4.c-d; I.4.h-i

mailing address, county, telephone,

and fax.

(2) Description of a facility's I.4.c.

location in a manner that could aid

in locating the facility.

(3) Name, address, and procedures for I.4.b; II.2.a

contacting the owner/operator on 24-

hour basis.

(4) Table of contents................ I.2.

(5) Cross index, if appropriate...... III.8.

(6) Record of change(s) to record I.3; III.6.

information on plan updates.

(b) Emergency Response Action Plan:

(1) Notification procedures:

(i) Prioritized list identifying II.2.a; III.2.a-c.

person(s), including name,

telephone number, and role in

plan, to be notified in event of

threat or actual discharge.

(ii) Information to be provided III.3.b; III.2.a-c.

in initial and follow-up

notifications to federal, state,

and local agencies.

(2) Facility's spill mitigation II.2.d.(2); III.3.c.(2).

procedures 14.

(i) Volume(s) of persistent and

non-persistent oil groups.

(ii) Prioritized procedures/task II.2.

delegation to mitigate or

prevent a potential or actual

discharge or emergencies

involving certain equipment/

scenarios.

(iii) List of equipment and II.2.e-f; III.3.f.(3);

responsibilities of facility III.3.c.(1)-(5).

personnel to mitigate an average

most probable discharge.

(3) Facility response activities 15.. II.2.c; II.2.e-f; II.3;

II.4; III.3.c.(3).

(i) Description of facility II.1; II.2.

personnel's responsibilities to

initiate/supervise response

until arrival of qualified

individual.

(ii) Qualified individual's II.2.

responsibilities/authority.

(iii) Facility or corporate II.2.b; II.3; III.3.a;

organizational structure used to III.3.b.(2)-(4);

manage response actions. III.3.c; III.3.d.(1);

III.3.e-f.

(iv) Oil spill response II.2.d.(3); III.3.c.(4)-

organization(s)/spill management (5); III.3.e.(6);

team available by contract or III.3.f.(1)-(2);

other approved means. III.3.f.(5).

(v) For mobile facilities that II.2.d.(3).

operate in more than one COTP,

the oil spill response

organization(s)/spill management

team in the applicable

geographic-specific appendix.

(4) Fish and wildlife sensitive III.1.c; III.3.d.(1)-(2).

environments.

(i) Areas of economic importance II.2.c.

and environmental sensitivity as

identified in the ACP that are

potentially impacted by a WCD.

(ii) List areas and provide maps/

charts and describe response

actions.

(iii) Equipment and personnel II.2.e-f; III.3.f.(3);

necessary to protect identified III.3.c.(1)-(5).

areas.

(5) Disposal plan.................... III.3.d.(4).

(c) Training and exercises............... III.5.

(d) Plan review and update procedures.... III.6.

(e) Appendices........................... I.4.c; III.1.b.

(1) Facility specific information.... III.1.

(2) List of contacts................. II.2.a; III.2.a-c;

III.3.b.(1).

(3) Equipment lists and records...... III.3.e.(3); III.3.e.(6);

III.3.f.(1); III.3.f.(3)-

(5).

(4) Communications plan.............. III.3.b.(2).

(5) Site-specific safety and health III.3.b.(3); III.3.c.(7);

plan. III.3.e. (1).

[[Page 28660]]

(6) List of acronyms and definitions.

(7) A geographic-specific appendix.

154.1040 Specific requirements for

substantial harm facilities.

154.1041 Specific response information to be

maintained on mobile MTR facilities.

154.1045 Groups I-IV petroleum oils.

154.1047 Group V petroleum oils.

154.1050 Training........................... III.5.

154.1055 Drills............................. III.5.

154.1057 Inspection and maintenance of III.3.e.(6).

response resources.

154.1060 Submission and approval procedures.

154.1065 Plan revision and amendment III.6.

procedures.

154.1070 Deficiencies.

154.1075 Appeal Process.

Appendix C--Guidelines for determining and III.3.f.(3).

evaluating required response resources for

facility response plans.

Appendix D--Training elements for oil spill III.5.

response plans.

------------------------------------------------------------------------

DOT/RSPA FRP (49 CFR Part 194)

------------------------------------------------------------------------

194.101 Operators required to submit plans.

194.103 Significant and substantial harm: III.8.

operator's statement.

194.105 Worst case discharge................ III.3.d.(1).

194.107 General response plan requirements:

(a) Resource planning requirements....... III.3.d.

(b) Language requirements.

(c) Consistency with NCP and ACP(s)...... III.3.d.(3); III.8.

(d) Each response plan must include:

(1) Core Plan Contents:

(i) An information summary as I.4; III.1.

required in 194.113.

194.113(a) Core plan information summary:

(1) Name and address of operator......... I.4.b; I.4.d.

(2) Description of each response zone.... I.4.c.

(b) Response zone appendix

information summary:

(1) Core plan information summary........ I.4; III.1.

(2) III.6.

NamecaretOcaretScaretAcaretAcaretO

Submission and approval procedures.

194.121 Response plan review and update III.6.

procedures.

caretApendixcaretScaretAcaretAecommended I.2.

guidelines for the preparation of response

plans.

Section 1--Information summary........... I.4.b-c; II.2.a; II.2.f;

III.8.

Section 2--Notification procedures....... II.2.a; III.2;

III.3.b.(2);

III.3.e.(3).

Section 3--Spill detection and on-scene II.1; II.2.e-f;

spill mitigation procedures. III.3.c.(2).

Section 4--Response activities........... II.2.b; III.3.b.(1).

Section 5--List of contacts.............. II.2.a.

Section 6--Training procedures........... III.5.

Section 7--Drill procedures.............. III.5.

Section 8--Response plan review and III.6.

update procedures.

Section 9--Response zone appendices...... II.2.b; II.3; III.1.a-c;

III.3.

------------------------------------------------------------------------

OSHA Emergency Action Plans (29 CFR 1910.38(a)) and Process Safety (29

CFR 1910.119)

------------------------------------------------------------------------

1910.38(a) Emergency action plan:

(1) Scope and applicability.............. III.3.c.(1); III.3.d.

(2) Elements:

(i) Emergency escape procedures and II.2; II.2.c;

emergency escape route assignments. III.3.b.(3); III.3.c.

(ii) Procedures to be followed by II.2; II.2.c; II.2.e;

employees who remain to operate III.3.c.

critical plant operations before

they evacuate.

(iii) Procedures to account for all II.2.a; III.3.b.(2);

employees after emergency evacuation III.3.b.(3); III.3.c;

has been completed. III.4.

(iv) Rescue and medical duties for III.3.b.(3); III.3.c;

those employees who are to perform III.3.c.(7);

them. III.3.e.(1).

(v) The preferred means of reporting II.2.a; III.3.b.

fires and other emergencies.

(vi) Names or regular job titles of I.4.f; II.2.a;

persons or departments who can be III.3.b.(2);

contacted for further information or III.3.b.(4).

explanation of duties under the plan.

(3) Alarm system \16\.................... II.2.a; III.3.c.(3);

III.3.e.(3).

(4) Evacuation........................... II.2.d; III.3.b.(3);

III.3.c.(3); III.3.d;

III.3.d.(1).

(5) Training............................. III.3.e.(5); III.5.

1910.119 Process safety management of highly

hazardous chemicals:

(e)(3)(ii) Investigation of previous III.4; III.4.b.

incidents.

(e)(3)(iii) Process hazard analysis III.3.e.(3).

requirements.

(g)(1)(i) Employee training in process/ III.5.

operating procedures.

(j)(4) Inspection/testing of process III.3.e.(6).

equipment.

(j)(5) Equipment repair.................. III.3.e.(6).

(l) Management of change(s).............. III.5.

(m) Incident investigation............... III.4.a.

[[Page 28661]]

(n) Emergency planning and response...... I.1; II.1; II.2; II.2.d;

III.2; III.2.a; III.2.b.

(o)(1) Certification of compliance....... III.6.

1910.165 Employee alarm systems:

(b) General requirements................. III.3.e.(3).

(b)(1) Purpose of alarm system........... III.2; III.2.a.

(b)(4) Preferred means of reporting III.2.

emergencies.

(d) Maintenance and testing.............. III.3.e.(6).

1910.272 Grain handling facilities:

(d) Development/implementation of I.1; III.2.

emergency action plan.

------------------------------------------------------------------------

OSHA HAZWOPER (29 CFR 1910.120)

------------------------------------------------------------------------

1910.120(k) Decontamination................. III.3.c.(6).

1910.120(l) Emergency response program...... I.1.

(1) Emergency response plan:

(i) An emergency response plan shall

be developed and implemented by all

employers within the scope of this

section to handle anticipated

emergencies prior to the

commencement of hazardous waste

operations.

(ii) Employers who will evacuate

their employees from the workplace

when an emergency occurs, and who do

not permit any of their employees to

assist in handling the emergency,

are exempt from the requirements of

this paragraph if they provide an

emergency action plan complying with

section 1910.38(a) of this part.

(2) Elements of an emergency response

plan:

(i) Pre-emergency planning and I.4.f; II.2.b; II.2.c;

coordination with outside parties. III.2.b; III.2.c;

III.3.b.(4); III.3.d.

(ii) Personnel roles, lines of I.4.f; II.2.b; III.2.a;

authority, and communication. III.2.c; III.3.b.(4);

III.3.e.(4).

(iii) Emergency recognition and II.1; III.7.

prevention.

(iv) Safe distances and places of III.3.b.(3); III.3.d.(2).

refuge.

(v) Site security and control........ III.3.d.(2); III.3.e.(2).

(vi) Evacuation routes and procedures II.2.d; III.3.b.(3)

(vii) Decontamination procedures..... III.3.c.(6).

(viii) Emergency medical treatment II.2.d; III.3.c.(7);

and response procedures. III.3.e.(1).

(ix) Emergency alerting and response II.2; II.2.a; II.2.f;

procedures. II.4; III.2; III.2.a;

III.2.b; III.2.c;

III.3.d.

(x) Critique of response and follow- II.3; III.4; III.4.a;

up. III.6.

(xi) PPE and emergency equipment..... III.3.e.(6); III.3.f.(3);

III.3.d.(2);

III.3.e.(6);

III.3.f.(3).

(3) Procedures for handling emergency

incidents:

(i) Additional elements of emergency

response plans:

(A) Site topography, layout, and III.1.c.

prevailing weather conditions.

(B) Procedures for reporting II.2.a; III.2.

incidents to local, state, and

federal government agencies.

(ii) The emergency response plan

shall be a separate section of the

Site Safety and Health Plan.

(iii) The emergency response plan III.3.e.

shall be compatible with the

disaster, fire, and/or emergency

response plans of local, state, and

federal agencies.

(iv) The emergency response plan III.5.

shall be rehearsed regularly as part

of the overall training program for

site operations.

(v) The site emergency response plan

shall be reviewed periodically and,

as necessary, be amended to keep it

current with new or changing site

conditions or information.

(vi) An employee alarm system shall

be installed in accordance with 29

CFR 1910.165 to notify employees of

an emergency situation; to stop work

activities if necessary; to lower

background noise in order to speed

communications; and to begin

emergency procedures.

(vii) Based upon the information II.2.c; II.2.d.

available at time of the emergency,

the employer shall evaluate the

incident and the site response

capabilities and proceed with the

appropriate steps to implement the

site emergency response plan.

1910.120(p)(8) Emergency response program: I.1

(i) Emergency response plan.

(ii) Elements of an emergency response

plan:

(A) Pre-emergency planning and I.4.f; II.2.b; II.2.b;

coordination with outside parties. III.2.b; III.2.c;

III.3.b.(4); III.3.d.

(B) Personnel roles, lines of I.4.f; II.2.b; III.2.c;

authority, and communication. III.2.c; III.3.b.(4);

III.3.e.(4).

(C) Emergency recognition and II.1; III.7

prevention.

(D) Safe distances and places of III.3.b.(3); III.3.d.(2)

refuge.

(E) Site security and control........ III.3.d.(2); III.3.e.(2)

(F) Evacuation routes and procedures. II.2.d; III.3.b.(3).

(G) Decontamination procedures....... III.3.c.(6).

(H) Emergency medical treatment and II.2.d; III.3.c.(7);

response procedures. III.3.e.(1).

(I) Emergency alerting and response II.2; II.2.a; II.2.f;

procedures. II.4; III.2; III.2.a;

III.2.b; III.2.c;

III.3.d.

[[Page 28662]]

(J) Critique of response and follow- II.3; III.4; III.4.a;

up. III.6.

(K) PPE and emergency equipment...... III.3.e.(6); III.3.f.(3);

III.3.d.(2);

III.3.e.(6);

III.3.f.(3).

(iii) Training........................... III.5.

(iv) Procedures for handling emergency

incidents:

(A) Additional elements of emergency

response plans:

(1) Site topography, layout, and III.1.c; III.3.d.(1).

prevailing weather conditions.

(2) Procedures for reporting II.2.a; III.2.

incidents to local, state, and

federal government agencies.

(B) The emergency response plan shall III.3.e.

be compatible and integrated with

the disaster, fire and/or emergency

response plans of local, state, and

federal agencies.

(C) The emergency response plan

shall be rehearsed regularly as part

of the overall training program for

site operations.

(D) The site emergency response plan

shall be reviewed periodically and,

as necessary, be amended to keep it

current with new or changing site

conditions or information.

(E) An employee alarm system shall be

installed in accordance with 29 CFR

1910.165.

(F) Based upon the information II.2.d; II.2.e;

available at the time of the III.3.d.(1).

emergency, the employer shall

evaluate the incident and the site

response capabilities and proceed

with the appropriate steps to

implement the site emergency

response plan

1910.120(q) Emergency response to hazardous

substance releases:

(1) Emergency response plan.............. III.3.1.

(2) Elements of an emergency response

plan:

(i) Pre-emergency planning and I.4.f; II.2.b; II.2.c;

coordination with outside parties. III.2.b; III.2.c;

III.3.b.(4); III.3.d.

(ii) Personnel roles, lines of I.4.f; II.2.b; III.2.b;

authority, training, and III.2.c; III.3.b.(4);

communication. III.3.e.(4).

(iii) Emergency recognition and II.1; III.7.

prevention.

(iv) Safe distances and places of III.3.b.(3); III.3.d.(2).

refuge.

(v) Site security and control........ III.3.d.(2); III.3.e.(2).

(vi) Evacuation routes and procedures II.2.d; III.3.b.(3).

(vii) Decontamination procedures..... III.3.c.(6).

(viii) Emergency medical treatment II.2.d; III.3.c.(7);

and response procedures. III.3.e.(1).

(ix) Emergency alerting and response II.2; II.2.a; II.2.f;

procedures. II.4; III.2; III.2.a;

III.2.b; III.2.c;

III.3.d.

(x) Critique of response and follow- II.3; III.4; III.4.a;

up. III.6.

(xi) PPE and emergency equipment..... III.3.e.(6); III.3.f.(3);

III.3.d.(2);

III.3.e.(6);

III.3.f.(3).

(xii) Emergency response plan III.3.e; III.8.

coordination and integration.

(3) Procedures for handling emergency

response:

(i) The senior emergency response II.2.b; III.3; III.3.a;

official responding to an emergency III.3.b; III.3.b.(1);

shall become the individual in III.3.b.(2);

charge of a site-specific Incident III.3.e.(3).

Command System (ICS).

(ii) The individual in charge of the II.2.c; II.2.d;

ICS shall identify, to the extent III.3.c.(3).

possible, all hazardous substances

or conditions present and shall

address as appropriate site

analysis, use of engineering

controls, maximum exposure limits,

hazardous substance handling

procedures, and use of any new

technologies.

(iii) Implementation of appropriate II.2.c; II.2.d; II.2.e;

emergency operations and use of PPE. III.3.c; III.3.c.(1);

III.3.d.(1);

III.3.d.(2).

(iv) Employees engaged in emergency II.2.d.

response and exposed to hazardous

substances presenting an inhalation

hazard or potential inhalation

hazard shall wear positive pressure

self-contained breathing apparatus

while engaged in emergency response.

(v) The individual in charge of the III.3.c; III.3.e.(5).

ICS shall limit the number of

emergency response personnel at the

emergency site, in those areas of

potential or actual exposure to

incident or site hazards, to those

who are actively performing

emergency operations.

(vi) Backup personnel shall stand by II.2.d; III.3.e.(5).

with equipment ready to provide

assistance or rescue.

(vii) The individual in charge of the II.2.d; III.3.b.(3).

ICS shall designate a safety

official, who is knowledgeable in

the operations being implemented at

the emergency response site.

(viii) When activities are judged by III.3.b.(3).

the safety official to be an IDLH

condition and/or to involve an

imminent danger condition, the

safety official shall have authority

to alter, suspend, or terminate

those activities.

(ix) After emergency operations have III.3.c.(6).

terminated, the individual in charge

of the ICS shall implement

appropriate decontamination

procedures.

[[Page 28663]]

(x) When deemed necessary for meeting

the tasks at hand, approved self-

contained compressed air breathing

apparatus may be used with approved

cylinders from other approved self-

contained compressed air breathing

apparatus provided that such

cylinders are of the same capacity

and pressure rating.

(4) Skilled support personnel.

(5) Specialist employees.

(6) Training III.5.

(7) Trainers.

(8) Refresher training.

(9) Medical surveillance and

consultation.

(10) Chemical protective clothing.

(11) Post-emergency response operations.

------------------------------------------------------------------------

EPA's Risk Management Program (40 CFR Part 68)

------------------------------------------------------------------------

68.20-36 Offsite consequence analysis....... III.3.d.(1).

68.42 Five-year accident history............ III.4.b.

68.50 Hazard review......................... III.3.d.(1).

68.60 Incident investigation................ III.4.a

68.67 Process hazards analysis.............. III.3.d.(1)

68.81 Incident investigation................ III.4.a

68.95(a) Elements of an emergency response

program:

(1) Elements of an emergency response

plan:

(i) Procedures for informing the II.2.a; III.2.

public and emergency response

agencies about accidental releases.

(ii) Documentation of proper first- III.3.c.(7); III.3.e.(1).

aid and emergency medical treatment

necessary to treat accidental human

exposures.

(iii) Procedures and measures for II.1; II.2; II.3; II.4;

emergency response after an III.3.a-c.

accidental release of a regulated

substance.

(2) Procedures for the use of emergency III.3.e.(6).

response equipment and for its

inspection, testing, and maintenance.

(3) Training for all employees in III.5.

relevant procedures.

(4) Procedures to review and update the III.6.

emergency response plan.

68.95(b) Compliance with other federal

contingency plan regulations.

68.95(c) Coordination with the community

emergency response plan.

------------------------------------------------------------------------

Notes to Attachment 3

\1\ Facilities should be aware that most states have been authorized by

EPA to implement RCRA contingency planning requirements in place of

the federal requirements listed. Thus, in many cases state

requirements may not track this matrix. Facilities must coordinate

with their respective states to ensure an ICP complies with state RCRA

requirements.

\2\ Facilities should be aware that most states have been authorized by

EPA to implement RCRA contingency planning requirements in place of

the federal requirements listed. Thus, in many cases state

requirements may not track this matrix. Facilities must coordinate

with their respective states to ensure an ICP complies with state RCRA

requirements.

\3\ Facilities should be aware that most states have been authorized by

EPA to implement RCRA contingency planning requirements in place of

the federal requirements listed. Thus, in many cases state

requirements may not track this matrix. Facilities must coordinate

with their respective states to ensure an ICP complies with state RCRA

requirements.

\4\ Section 264.56 is incorporated by reference at Sec. 264.52(a).

\5\ Incorporates by reference Sec. 264.37.

\6\ Section 265.56 is incorporated by reference at Sec. 265.52(a).

\7\ Incorporates by reference Sec. 265.37.

\8\ Section 279.52(b)(6) is incorporated by reference at Sec.

279.52(b)(2)(i).

\9\ Incorporates by reference Sec. 279.52(a)(6).

\10\ Non-response planning parts of this regulation (e.g., prevention

provisions) require a specified format.

\11\ If a facility is required to develop a strong oil spill contingency

plan under this section, the requirement can be met through the ICP.

\12\ The appendix further describes the required elements in 120.20(h).

It contains regulatory requirements as well as recommendations.

\13\ Specific plan requirements for sections listed under 154.1030(b)

are contained in 154.1035(a)-(g).

\14\ Note: Sections 154.1045 and 154.1047 contain requirements specific

to facilities that handle, store, or transport Group I-IV oils and

Group V oils, respectively.

\15\ Ibid.

\16\ Section 1910.38(a)(3) incorporates 29 CFR 1910.165 by reference.

[[Page 28664]]

Dated: April 18, 1996.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste and Emergency Response,

U.S. Environmental Protection Agency.

Dated: April 22, 1996.

Rear Admiral James C. Card,

Chief, Marine Safety and Environmental Protection Directorate, U.S.

Coast Guard.

Dated: April 18, 1996.

Richard B. Felder,

Associate Administrator for Pipeline Safety, Research and Special

Programs Administration, U.S. Department of Transportation.

Dated: April 18, 1996.

John B. Moran,

Director of Policy, Occupational Safety and Health Administration,

Department of Labor.

Dated: April 18, 1996.

Thomas Gernhofer,

Associate Director, Offshore Minerals Management, Minerals Management

Service, Department of the Interior.

[FR Doc. 96-13712 Filed 6-4-96; 8:45 am]

BILLING CODE 6560-50-P

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