November 12, 2003 Public Meeting Barge 120 Spill Buzzards Bay, Massachusetts

Department of Environmental Protection Commonwealth of Massachusetts Department of Environmental Protection Southeast Regional Office 20 Riverside Drive, Lakeville MA 508-946-2700 Richard F. Packard Emergency Response Section Chief http://www.state.ma.us/dep/.

Unified Command Organizational structure established by OPA 90 Federal, State, Responsible Party rep’s jointly lead response During UC phase of response DEP insures MCP requirements are met

DEP Regulatory Authority MA General Law Chapter 21E Massachusetts Contingency Plan (MCP) 310 CMR 40.0000 Establishes requirements for notifying & responding to releases of oil and/or hazardous material Enables enforcement action

MCP Established: Licensed Site Professionals (LSPs) Risk Based Clean-up Standards Method 1 - soil and groundwater categories Method 3 – develop standards that meet applicable risk levels Compliance Timelines & Endpoints

LICENSED SITE PROFESSIONAL (LSP) Privatized Program LICENSED SITE PROFESSIONAL (LSP) Environmental expert licensed by independent Board of Registration Duty to protect public health, safety, welfare and the environment

Privatized Program ctd. LICENSED SITE PROFESSIONAL (LSP) Subject to DEP direct oversight and audit Hired by responsible party to manage and direct cleanups Provide opinions that site work meets state requirements

MCP Process Immediate Response Actions – IRA Tier Classification – Tier 1 Highest level of DEP oversight Response Action Outcome – RAO Clean site determination

Support Team and Presenters Richard J. Wozmak, P.E., P.H., LSP; GeoInsight, Inc. LSP-Of-Record Kevin Trainer, C.P.G., P.G., LSP; GeoInsight, Inc. LSP Representative, Point of Contact for reports of oil Ralph Markarian, Ph.D., ENTRIX Aquatic Toxicology Wayne Kicklighter, ENTRIX Marine Biology John Dimitry, ENTRIX Aquatic Ecology

Support Presenters Mike Hickey, MADMF Dale Young, Massachusetts NRDA Trustee

Oil Spill Response Cleanup Natural Resources Damage Assessment (NRDA) Third-Party Claims

Cleanup Unified Command Emergency Response Transitional Massachusetts Contingency Plan (MCP) Immediate Response Action (IRA) Additional MCP Response Actions

NRDA Data Collection Injury Assessment Restoration

Third-Party Claims Impact on Private Property Impact to Business and Livelihood

Release Information Initial oiling map Less than half of shoreline in site area oiled Approximately 10% of oiled shoreline heavily oiled Hardest hit areas in red

Degree of Oiling

Degree of Oiling

Degree of Oiling

Degree of Oiling

Emergency Response Actions Directed by Unified Command Focused on cleanup of visible oil Divided shoreline into 149 segments Immediate Response Action: Treatment and Completion Guideline Plan (IRATCGP) Cleanup operations were conducted between April 28, 2003 and September 3, 2003

Immediate Response Action Completion (IRAC) Cleanup Criteria Sandy Beaches: No visible oil Mixed Sand and Gravel, Gravel, and Rip Rap Groins: No sheen No wipeable oil Trace of oil in subsurface

IRAC Cleanup Criteria Rip Rap Seawalls, Bulkheads, Piers, etc.: No sheen No wipeable oil Rocky Shorelines: Salt Marshes: No Sheen

IRAC Completion Approx. 90 segments passed IRAC 15 Failed IRAC 10 No further action feasible 5 Further action feasible Remainder either unoiled or not inspected

IRAC Completion Map IRAC completion map Note difference between initial oiling map and IRAC completion map Majority of oil removed during Emergency Response

Long Island, Fairhaven Before IRAC

Long Island, Fairhaven After

Barney’s Joy, Dartmouth Before IRAC

Barney’s Joy, Dartmouth After

Transitional MCP IRA Designed to provide transition from Unified Command Emergency Response to MCP IRA Focused on specific segments or areas Provides shoreline inspections and cleanup where specific cleanup criteria are exceeded Respond to calls of new oil

MCP IRA Activities Evaluate the following segments: Unoiled segments Beach segments with potentially buried oil Segments that failed IRAC with further actions feasible Segments not inspected by IRAC Salt marshes not inspected by IRAC

MCP IRA Cleanup Criteria Address mobile oil Address imminent hazards Mobilize cleanup crew where necessary

Anticipated MCP IRA Completion Dates Unoiled segments: Completed Potentially buried oil segments: April 30, 2004 Failed IRAC with Further Action Feasible segments: December 31, 2003 Not Inspected segments: December 31, 2003 Salt Marshes: December 1, 2003

MCP Process Preliminary Response Actions during the first year MCP IRA Phase I Initial Site Investigation Comprehensive Response Actions Phase II Comprehensive Site Assessment Phase III – V Remedial Action Planning and Implementation Response Action Outcome (RAO)

EXAMPLE #1 Long Island, Fairhaven Emergency Response Initially heavily oiled Gravel/cobble beach with salt marsh areas Initial cleanup actions (snare, hotsy, wiping, raking, physical removal of oil) Pilot testing (hot water rinse, biological/chemical additives) Rock removal and replacement

Long Island, Fairhaven IRAC Outcome and Future Response Actions Failed IRAC with no further work feasible Not part of transitional IRA Potential further response actions under MCP leading to RAO

Example #2 Barney’s Joy (east), Dartmouth Emergency Response Heavily oiled Sandy beach with cobble points Initial Cleanup Actions (gross oil removal, snare, rock wiping)

Barney’s Joy (east) IRAC/IRA Outcome Not inspected by IRAC team Part of transitional IRA process Shoreline reconnaissance Buried oil checks (trenches) Continued IRA activities Possible IRA outcome: Additional oil removal IRA Completion

Barney’s Joy (east) Future Response Actions Potential further response actions under MCP leading to RAO

Summary Emergency response activities removed the majority of oil Post-Emergency Response Actions are currently being performed Transitional IRA Phase I Evaluation Additional MCP response action activities will also be conducted Nature and Extent of Contamination Need for and Feasibility of Additional Cleanup Options

Additional Presentations NRDA Update – Dale Young, Massachusetts NRDA Trustee Shellfish Update – Mike Hickey, MADMF

Natural Resource Damages Assessment (NRDA) Coordination of NRDA & Response Actions Response Action Objectives: Coast Guard, DEP Contain and cleanup a discharge of oil NRDA Objectives: Trustees Assess injuries to natural resources and lost services Restore resources Compensate for interim lost use of resource

NRDA Initial Response Trustees invite RP to participate in Cooperative NRDA RP accepts & agrees to fund NRD Assessment & Restoration Trustee Assessment Costs Joint Assessment Team (JAT) established Decision-making body of “Cooperative NRDA” Trustee and RP representatives: Trustees NOAA (Lead Administrative Trustee) USFWS State of Massachusetts State of Rhode Island Wampanoag Tribe RP ENTRIX

Framework for NRDA Process PREASSESSMENT SCREEN Ephemeral Data Collection Activities RESTORATION PLANNING Injury Assessment Restoration Selection Field Studies Data Evaluation Injury Quantification Scaling Draft Restoration Plan Final Restoration Plan RESTORATION IMPLEMENTATION

NRDA Resources of Concern 5 primary resources at risk Birds Shoreline Aquatic Recreational lost use Tribal Additional resources potentially at risk Terrapins Northeast beach tiger beetle Burying beetle Marine mammals

NRDA Technical Working Groups (TWGs) Initial formation of TWGS Insure appropriate ephemeral data collected One Trustee & one RP representative as leads On each TWG TWGs recommend studies & injury assessment methods To JAT for approval

Injury: Birds Non-T&E Species Data collection Dead bird transects Live bird observations SCAT survey forms Aerial survey Conducted May 3 Submitted to JAT for review Loons outside Buzzards Bay

Injury: Birds T&E Species Piping Plover Adults & reproductive success monitored daily from April 27 through breeding season Roseate & Common Terns Adults and reproductive success monitored daily from April 30

Injury: Other Wildlife Diamondback terrapins Beetles Marine Mammals

Injury: Shoreline 90 miles of shoreline oiled

Injury: Shoreline Data Collection (ESI) database Shoreline Clean-up Assessment Team (SCAT) Characterize extent of oiling & identify clean-up methods IRAC Environmental Sensitivity Index (ESI) database Intertidal sediment samples 22 total samples collected May 7-9, 2003 10 affected sites and 1 reference site September 2003 field visit

Injury: Aquatic Resources Resources: Finfish ; Shellfish; Lobster; Benthos; Surface water Data Collection Water Column 51 grab samples: w/ & w/out oiling; April 29, 30; May 1, 5, 12, 2003 9 affected sites & 2 reference sites Subtidal Sediment 5 samples collected May 13, 2003 4 affected sites & 1 reference site Shellfish Tissue Quahog; softshell clam; oyster; blue mussel; bay scallop; surf clam Oil Source oil: 10 samples collected, 2 analyzed Weathered oil: 14 samples collected Tarballs: 11 samples collected Submerged Oil Assessments

Injury: Recreational Lost Use Reduction in Recreational Trips Lost Recreational Shellfishing Town recreational shellfishing & closure records State shellfish closure records Lost Shoreline Use Shoreline use: beach use, wildlife viewing Overflights recording shoreline use Identify entities that collect access-data to parks, beaches, etc. Creation of shoreline use database Lost Recreational Boating Informal interviews with marina operators

Injury: Tribal Resources Wampanoag Tribe of Gay Head Federally recognized tribe 1086 members Resources Treaty protected access to resources Cultural resources Plants & wildlife for spiritual ceremonies

Framework for NRDA Process PREASSESSMENT SCREEN Ephemeral Data Collection Activities RESTORATION PLANNING Injury Assessment Restoration Selection Field Studies Data Evaluation Injury Quantification Scaling Draft Restoration Plan Final Restoration Plan RESTORATION IMPLEMENTATION

Examples of NRDA Restoration (New Bedford Harbor NRD case ) Injury: Marsh, Wetlands, Habitat Restoration: Wetland Restoration Survey and Plan Salt Marsh Restoration: Dartmouth, New Bedford Eelgrass Restoration Land purchase & CRs: 400 acres: Fairhaven, Acushnet Injury: Biological Resources Shellfish restoration and management Herring run restoration, Acushnet River Restoration Management of Terns Lost Use Recreational Park Enhancement, New Bedford

Public Outreach Use of Buzzardsbay.org website Public relations program designed to provide information to communities, interested groups and media Periodic public meetings: Next meeting is scheduled for January 2004