Hazardous Substance Response Plan (Facility) CTAC Hazardous Response Plan Subcommittee Sept 2017 Meeting DOW RESTRICTED

Objectives / Agenda Objective Agenda Review progress and next steps Review action items from last meeting Review spreadsheet population Begin working through the spreadsheet Action item review DOW RESTRICTED

Action Items Kevin Boyd – Look into getting a copy of the EPA mandate plans – Kevin has sent multiple requests to EPA, but so far has not received a response. Facility Haz Sub Team Members - download and mark up your own copy with thoughts, suggestions, and corrections. Send me your feedback by Sept. 12. DOW RESTRICTED

Spreadsheet Population Review DOW RESTRICTED

Method of Execution Latest version of the spreadsheet will be available on Home Port Please download and mark up your own copy with thoughts, suggestions, and corrections. Send me your feedback I will compile feedback onto the master spreadsheet and in the next meeting We will go line-by-line stopping along the way to discuss feedback comments, data gaps, etc. DOW RESTRICTED

Action Items Facility Haz Sub Team Members - download and mark up your own copy with thoughts, suggestions, and corrections. Send me your feedback by Sept. 29. DOW RESTRICTED

Questions, Comments, or Concerns? DOW RESTRICTED

Reference Slides DOW RESTRICTED

Subcommittee Members Kate Kelly – Vessel Name Vessel Facility Back-Up Facilitation James Prazak Naval Aranke X David Clark Patrick S. Unger Chris R. Bennett John Reinert John Temperilli Ron Corigliano Jim Monigan Captain Paul S. Foran Soren C. Ibsen Capt. Stephen Boudreaux Capt. George Pontikos Sean Anderson Carl Holly Scott E. May RYAN D. TAYLOR Amit Joshi Kate Kelly – Vessel John Carroll – Terminal and Back up Facilitator DOW RESTRICTED

Task Statement See Task Statement Document DOW RESTRICTED

Mandate - OPA 4202(4) (4) TANK VESSEL AND FACILITY RESPONSE PLANS; TRANSITION PROVISION; EFFECTIVE DATE OF PROHIBITION.— (A) Not later than 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act. (B) During the period beginning 30 months after the date of the enactment of this paragraph and ending 36 months after that date of enactment, a tank vessel or facility for which a response plan is required to be prepared under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, may not handle, store, or transport oil unless the owner or operator thereof has submitted such a plan to the President. (C) Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act. DOW RESTRICTED

Mandate – CWA 311(j) (5) Tank Vessel and Facility Response Plans.-- (A) The President shall issue regulations which require an owner or operator of a tank vessel or facility described in subparagraph (B) to prepare and submit to the president a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. (B) The tank vessels and facilities referred to in subparagraph (A) are the following: (i) A tank vessel, as defined under section 2101 of title 46, United States Code. (ii) An offshore facility. (iii) An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone. DOW RESTRICTED

Mandate – CWA 311(j) - Continued (C) A response plan required under this paragraph shall– (i) be consistent with the requirements of the National Contingency Plan and Area Contingency Plans; (ii) identify the qualified individual having full authority to implement removal actions, and require immediate communications between the individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to clause (iii); (iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; (iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge; (v) be updated periodically; and (vi) be resubmitted for approval of each significant change. DOW RESTRICTED

Mandate – CWA 311(j) - Continued (D) With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel or offshore facility, the President shall– (i) promptly review such response plan; (ii) require amendments to any plan that does not meet the requirements of this paragraph; (iii) approve any plan that meets the requirements of this paragraph; and (iv) review each plan periodically thereafter. DOW RESTRICTED

Mandate – CWA 311(j) - Continued (6) Equipment Requirements and Inspection.--Not later than 2 years after the date of enactment of this section, the President shall require– (A) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove discharges; and (B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel. [311(j)(6) added by PL 101- 380] (7) Area Drills.--The President shall periodically conduct drills of removal capability, without prior notice, in areas for which Area Contingency Plans are required under this subsection and under relevant tank vessel and facility response plans. The drills may include participation by Federal, State, and local agencies, the owners and operators of vessels and facilities in the area, and private industry. The President may publish annual reports on these drills, including assessments of the effectiveness of the plans and a list of amendments made to improve plans. [311(j)(7) added by PL 101-380] (8) United States Government not Liable.--The United States Government is not liable for any damages arising from actions or omissions relating to any response plan required by this section. [311(j)(8) added by PL 101-380] DOW RESTRICTED

Intent The primary purpose of requiring response plans is to minimize the impact of a discharge of hazardous substances into the navigable waters of the United States. DOW RESTRICTED

Guiding Principles The response plans should address human health which, as the primary concern, includes the general public, vessel crew, and responders; The regulations should recognize and promote existing industry best practices; The regulations should allow for flexibility in plan development to accommodate other existing practices that are effective; The Coast Guard should avoid developing prescriptive ‘‘one size fits all’’ regulations; The Coast Guard should avoid duplicating existing federal regulations; The Coast Guard should maximize consistency with international standards; The regulations should reflect the differences in planning requirements between oil and hazardous substances, specifically as they relate to recoverability and risk of exposure; The regulations should facilitate amending existing oil response plans to meet requirements for hazardous substances under OPA. For hazardous substance discharges, the availability of information and expertise is essential to support response decision-making, while the mobilization of containment and collection equipment will be feasible only as conditions allow. DOW RESTRICTED

Do we include reference to the Integrated Contingency Plan? DOW RESTRICTED

Role of the Integrated Contingency Plan (ICP) “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 National Response Team 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).” The ICP is not mandatory, but it’s systematic approach to comparing/consolidating various regulatory requirements into a singular plan appears to have synergy with our efforts. DOW RESTRICTED

Integrated Contingency Plan (ICP) Referenced by both the Tank Vessel and Facility NPRM’s. Facility - These proposed regulations are intended to fully accommodate the use of the National Response Team’s Integrated Contingency Plan (ICP) Guidance, published in the Federal Register on June 5, 1996 (61 FR 28642). The purpose of the guidance is to provide a mechanism for consolidating multiple plans that facilities have prepared to comply with various regulations into one functional emergency response plan, minimizing or eliminating duplication of information. The guidance describes essential elements of a ‘‘core plan,’’ as well as the need for annexes containing appropriate supplementary information. Tank Vessel – The Coast Guard will accept plans written using the Integrated Contingency Plan (ICP) Guidance provided the plan meets all of our proposed requirements. The ICP was published in the Federal Register on June 5, 1996 (61 FR 28642). DOW RESTRICTED

Integrated Contingency Plan (ICP) “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.” DOW RESTRICTED

Integrated Contingency Plan (ICP) What are the team opinions regarding the inclusion of the ICP as a column in the compare and contrast? i.e. To your collective knowledge, are facilities and vessel plans using this format? DOW RESTRICTED

Next Meeting – July 7 Review / Brainstorm for more overlapping regulations Review progress of spreadsheet population Determine vessel and facility sub-teams DOW RESTRICTED