96-13712. The National Response Team's Integrated Contingency Plan Guidance  

  • [Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
    [Notices]
    [Pages 28642-28664]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-13712]
    
    
    
    
    [[Page 28641]]
    
    
    _______________________________________________________________________
    
    Part II
    
    Environmental Protection Agency
    
    Department of Transportation
    
    
    
    Coast Guard
    
    
    
    Research and Special Programs Administration
    
    
    
    Department of the Interior
    
    
    
    Minerals Management Service
    
    
    
    Department of Labor
    
    
    
    Occupational Safety and Health Administration
    
    
    
    _______________________________________________________________________
    
    
    
    The National Response Team's Integrated Contingency Plan Guidance; 
    Notice
    
    Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / 
    Notices
    
    [[Page 28642]]
    
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    Research and Special Programs Administration
    
    DEPARTMENT OF THE INTERIOR
    
    Minerals Management Service
    
    DEPARTMENT OF LABOR
    
    Occupational Safety and Health Administration
    [FRL-5512-8]
    
    
    The National Response Team's Integrated Contingency Plan Guidance
    
    AGENCY: Environmental Protection Agency (EPA), U.S. Coast Guard (USCG), 
    Minerals Management Service (MMS), Research and Special Programs 
    Administration (RSPA), Occupational Safety and Health Administration 
    (OSHA).
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    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.Barbara@epamail.epa.gov), 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
    
    [[Page 28643]]
    
    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.
    ---------------------------------------------------------------------------
    
        \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).
    ---------------------------------------------------------------------------
    
        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
    
    [[Page 28644]]
    
    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
    
    [[Page 28645]]
    
    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.
    ---------------------------------------------------------------------------
    
        \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.
    ---------------------------------------------------------------------------
    
        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.
    
    [[Page 28646]]
    
    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
    
    [[Page 28647]]
    
    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
    
    [[Page 28650]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.000
    
    
    
    [[Page 28651]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.001
    
    
    
    [[Page 28652]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.002
    
    
    
    [[Page 28653]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.003
    
    
    
    [[Page 28654]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.004
    
    
    
    [[Page 28655]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.005
    
    
    
    [[Page 28656]]
    
    [GRAPHIC] [TIFF OMITTED] TN05JN96.006
    
    
    
    BILLING CODE 6560-50-C
    
    [[Page 28657]]
    
    
    
               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
    
    

Document Information

Published:
06/05/1996
Department:
Occupational Safety and Health Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
96-13712
Pages:
28642-28664 (23 pages)
Docket Numbers:
FRL-5512-8
PDF File:
96-13712.pdf