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

2. Department of Environmental Protection
Commonwealth of Massachusetts
Department of Environmental Protection
Southeast Regional Office
20 Riverside Drive, Lakeville MA
Richard F. Packard
Emergency Response Section Chief

3. 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

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

5. 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

6. 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

7. 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

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

9. 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

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

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

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

13. NRDA
Data Collection
Injury Assessment
Restoration

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

15. 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

16. Degree of Oiling

17. Degree of Oiling

18. Degree of Oiling

19. Degree of Oiling

20. 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

21. 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

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

23. 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

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

25. Long Island, Fairhaven Before IRAC

26. Long Island, Fairhaven After

27. Barney’s Joy, Dartmouth Before IRAC

28. Barney’s Joy, Dartmouth After

29. 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

30. 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

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

32. 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

33. 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)

34. 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

35. 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

36. 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)

37. 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

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

39. 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

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

41. 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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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

48. Injury: Other Wildlife
Diamondback terrapins
Beetles
Marine Mammals

49. Injury: Shoreline 90 miles of shoreline oiled

50. 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

51. 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

52. 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

53. 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

54. 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

55. 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

56. 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