At the end of this lesson, you will be able to:

1. Recall the basic construct of command and control in response to an environmental incident.
2. Describe the role of the Federal On-Scene Coordinator.
3. List the composition and responsibilities of the Regional Response Teams (RRTs), National Response Team (NRT), and federal “special teams” that support Federal On-Scene Coordinators.
4. Explain the responsibilities of the “responsible party” as identified in the NCP.
5. Define Spill of National Significance (SONS).
6. Compare the NCP and NRF as they apply to responding to environmental incidents.

• The NRS employs the National Incident Management System (NIMS) which includes using the Incident Command System (ICS) for organizing a response.
• ICS is a scalable, flexible construct not unique to pollution response. ICS is a standardized approach to the command, control, and coordination of emergency response providing a common hierarchy within which responders from multiple agencies can be effective.
• All NRT agencies have personnel trained and certified to plug into the ICS structure as needed during a response.
• The Unified Command is responsible for overall incident management and is typically made up of the Federal On-Scene Coordinators, State On-Scene Coordinators, and RP.
• NRS uses ICS for emergency responses under NCP and ESF #10 activations under NRF.
• Federal On-Scene Coordinator coordinates oil/hazardous substance response from Incident Command Post level. Tribes can also lead a response on their jurisdictional lands.

• During a major spill event, managing the integrity and timeliness of response information are critical parts of a successful response.
• The NRT also follows NIMS for information management.
• For large incidents, a web-based Common Operating Picture (COP) will be utilized.
• The lead agency will establish the process for information sharing and management.
• COP and scheduled briefings provide most reliable response information.
• NRT Members can advise national-level executives on information coordination protocols for an incident.

• This is an overview of how some of the key NRS components at the local, state, tribal, and federal levels of government fit together during the incident notification and response processes.
• As explained earlier, federal law requires responsible parties to report spills of oil and hazardous substances to the NRC. The NRC then forwards these notifications to the pre-designated Federal On-Scene Coordinator assigned to the area for the incident.
• The NRC also forwards these notifications to other appropriate federal and state entities, including the DHS National Operations Center.
• The Federal On-Scene Coordinator gathers information about the incident in order to determine whether a federal response is warranted. The Federal On-Scene Coordinator may gather information via phone from state and local agencies and the responsible party, or may deploy to the site to collect information, depending on the incident.
• If the incident impacts resources overseen by a federal or state natural resource trustee, the Federal On-Scene Coordinator would also notify that trustee.
• A Federal On-Scene Coordinator may determine that a federal response is not required if appropriate actions are already being taken by a state or local agency or the responsible party and the release doesn’t constitute a significant public health or environmental threat.
• If a federal response is warranted, the Federal On-Scene Coordinator typically enters into a unified command with responding state/local agencies, and possibly the responsible party when appropriate.
• The Federal On-Scene Coordinator may call upon other NRS assets for assistance as needed, including the federal special teams, the RRTs, and NRT.

• This is an overview of what an ESF #10 response looks like when it is activated by FEMA during a Stafford Act response.
• FEMA generally starts the process of coordinating a federal Stafford Act response by activating its Regional Response Coordination Centers (RRCCs) in the FEMA regional offices that are in the impacted area. ESFs that might be needed are deployed to the RRCC. The EPA Region and USCG District in the impacted area send ESF #10 personnel to the RRCC. (Both EPA and USCG respond if the incident impacts both the inland and coastal zones – and they coordinate their response at the field and headquarter (HQ) levels as needed.)
• If requested, EPA/USCG can also send ESF #10 representatives to state/local emergency operations centers (EOCs). During an ESF #10 response, EPA/USCG coordinate closely with our state environmental agency counterparts.
• As the response progresses, FEMA establishes an Initial Operating Facility (IOF)/Joint Field Office (JFO) in each State affected by the incident to assess the damage and determine the need for federal assistance. Again, EPA Regions and USCG Districts deploy ESF #10 representatives to the IOF/JFO if requested by FEMA.
• When ESF #10 receives a tasking from FEMA to conduct field work, the initial ESF #10 personnel are deployed by the EPA Regions/USCG Districts in the incident area -- unless incapacitated by the incident – and additional support can be provided if needed by other EPA Regions/USCG Districts. At the incident scene level, EPA and USCG sometimes co-locate as an ESF #10 UC, and sometimes establish separate ESF #10 ICPs, but coordinate activities through a UC approach.
• For larger-scale incidents, FEMA may also activate its National Response Coordination Center (NRCC) to monitor or oversee a response. In that case, EPA and USCG HQ deploy ESF #10 representatives to the NRCC if requested by FEMA. EPA and USCG may also activate their HQ operations centers to monitor or oversee larger-scale ESF #10 responses.
• So, as you can see, EPA and USCG use a decentralized approach where ESF #10 on-scene deployments are led by EPA Regions/USCG Districts.
• The constructs of the NRS carry over to all hazards response under the NRF.

• The Federal On-Scene Coordinator is the federal incident commander during an emergency response.
• Federal On-Scene Coordinators are highly skilled personnel who conduct, direct, and coordinate emergency response actions as needed – taking whatever actions are necessary and consistent with federal law to remove the pollution or contamination threat.
• EPA and USCG are the primary agencies that coordinate NCP preparedness and response activities and provide Federal On-Scene Coordinators. Other agencies (Department of Energy (DOE), Department of Defense (DoD)) may have Federal On-Scene Coordinators dependent on the incident and their roles and authorities.
• Federal On-Scene Coordinators:
• Are located in and deploy from EPA regional offices and USCG Sectors across the nation;
• Have the authority to conduct, direct, and coordinate all response efforts at the incident scene protect the environment, public health, as well as worker safety and health; and
• Are responsible for developing ACPs and chairing Area Committees.

• The Federal On-Scene Coordinator may:
• Lead response (and sometimes must);
• Provide assistance; and
• Oversee response by state/local/tribal government and/or the RP.
• Typical response actions:
• Sample/monitor to assess environmental contamination;
• Stabilize/control release;
• Treat/remove contamination and decontaminate environment/buildings; and 
• Manage waste.

• Federal On-Scene Coordinators have enforcement authorities under CERLCA and the CWA to include the authority to request information, obtain access to an incident site, compel RPs to undertake cleanup actions, and obtain reimbursement of federal response costs.
• They have access to federal technical assistance and contractors for cleanup and salvage, and technical expertise and special equipment from federal agencies and specialized teams.
• Federal On-Scene Coordinators also have the authority to access Superfund and/or Oil Spill Liability Trust Fund (OSLTF) funding.

While called a “response team,” RRTs do not typically deploy as a team to incident sites, but members reach back into their organizations to deploy and make available resources needed by the Federal On-Scene Coordinator. Individual RRT members may, however, deploy to the incident site as resources from their agencies. RRTs also provide technical advice and recommendations to the Federal On-Scene Coordinator.

• 13 RRTs (one for each EPA region, plus Alaska, Oceania, and the Caribbean) comprised of 15 federal agencies plus state/territorial and tribal representatives.
• RRTs are Co-chaired by EPA and USCG year-round, and during a response, the agency providing the Federal On-Scene Coordinator chairs the incident-specific RRT.
• Engage in preparedness, planning and training activities year-round.
• Coordinate decision making process for certain response strategies that have not been preapproved.
• Provide technical expertise and resources to the Federal On-Scene Coordinator during a response.

RRTs may be deployed in their entirety to the scene if so directed by the Chair of the incident-specific RRT or requested by a member agency. Usually only select agencies with an interest in specific concerns are deployed, but that is the choice of the RRT chair.

NRT Mission: To provide technical assistance, resources and coordination on preparedness, planning, and response activities for emergencies involving hazardous substances, pollutants and contaminants, hazmat, oil, weapons of mass destruction in natural and technological disasters and other environmental nationally significant incidents.

• Member agencies have duties that may apply to federal response actions for a discharge or release. Some of these agencies also have duties relating to the restoration of injured or lost natural resources.  
• They may be called upon by an On-Scene Coordinator during response planning and implementation to provide assistance in their respective areas of expertise, consistent with the agencies' capabilities and authorities. In addition to their general responsibilities, federal agencies should:
• Make necessary information available to the Secretaries of the NRT member agencies, RRTs, Area Committees, and On-Scene Coordinator.
• Provide representatives to the NRT and RRTs and otherwise assist RRTs and On-Scene Coordinators, as necessary, in formulating RCPs and ACPs.
• Inform the NRT, RRTs, and Area Committees, consistent with national security considerations, of changes in the availability of resources that would affect the operations implemented under the NCP.
• The NRT meets regularly and has a robust organization of chartered committees and subcommittees preparing response guidance and other resources for the field and reviewing oil and hazardous substance responses to determine how to improve future responses.
• NRT members are the subject matter experts on national response policy and should be a key resource that Senior Executives in the agency rely on and coordinate with when an oil/hazardous substance incident is significant enough to warrant participation by senior leadership. During significant oil/hazardous substance incidents, regional or on-scene components may request the NRT convene to coordinate interagency actions at the Washington DC/HQ level, necessitating a linkage between NRT members and senior leadership within each agency. 

• To help the Federal On-Scene Coordinators, the NRS includes a variety of federal “Special Teams” that can provide Federal On-Scene Coordinators with more in-depth expertise in certain technical and response capabilities. As you can see, these teams come from several of the federal agencies on the NRT.
• It is important to understand that during an NCP response, the Special Teams respond to support the Federal On-Scene Coordinators; they do not lead NCP responses. Additionally, these are “national” resources under the NRS and identified in the NCP.

• EPA has a primary Regional office in each of these 10 regions.
• Most Regions have additional Federal On-Scene Coordinators out-posted to other field and satellite offices to reduce response times.
• EPA’s Special Teams have personnel in various locations, as shown on the map.

• OPA and CERCLA provide a number of mechanisms and funding options to pay for emergency response activities.
• Most importantly, both laws hold the RP liable for paying for response costs – when the RP can be identified and is financially viable. However, both laws establish funds to ensure a rapid, effective response.
• The OSLTF is funded in several ways:
• Investment interest on the Fund's principal;
• Costs recovered from responsible parties;
• Civil and criminal penalties from responsible parties;
• Barrel tax on domestic and imported oil; and
• Transfers from other legacy pollution funds.
• To date, the largest source of income for the OSLTF has been from the per-barrel excise tax on imported and domestic oil, originally 5-cents-per-barrel tax. National Pollution Funds Center Oil Pollution Act (OPA) Frequently Asked Questions
• CERCLA established a trust fund that was financed primarily by taxes on crude oil and certain chemicals, as well as an environmental tax assessed on corporations based upon their taxable income. U.S. Government Accountability Office Report GAO-08-841R Superfund: Funding and Reported Costs of Enforcement and Administration Activities

• The OSLTF, administered by the National Pollution Funds Center (NPFC) (USCG), is used for response to spills of oil and oil products.
• There are two primary components to the OSLTF, the Emergency Fund and the Principal Fund.
• The Emergency Fund is available to pay federal response costs (federal oil removal costs under CWA 311(c)) and for initiation of Natural Resource Damage Assessment (NRDA) by the Trustees.
• To ensure rapid, effective response to oil spills, the President has the authority to make the Emergency Fund available – without Congressional appropriation – up to $50M each year to fund removal activities and initiate NRDAs.
• An additional $100M annually can be advanced to the Emergency Fund from the Principal Fund if needed and reported to Congress.
• Emergency Fund amounts are available until expended.
• The Principal Fund contains the balance of the Fund.

• Funds third party claims and annual appropriations to federal agencies; largest use of the fund has been for annual agency appropriations (e.g. USCG, EPA, DOI, DOT) to administer and enforce OPA and federal response authority.
• There are four primary ways the fund can be accessed:
1. By the Federal On-Scene Coordinator directly - or by working as a contractor for the Federal On-Scene Coordinator.
2. By submitting a claim to the USCG NPFC – Claims can be submitted by individuals, companies, state governments, or federal agencies requesting compensation for removal costs or damages, including natural resource damage.
3. The OSLTF may be accessed for the initiation of natural resource damage assessments, to be submitted by a lead federal trustee for a particular incident.
4. Through a state funding request for up to $250,000 per incident. States still need to request funding through their Federal On-Scene Coordinator in order to obtain funding through this mechanism.
• Per incident expenditures from the OSLTF are limited to $1B, of which NRDAs and Natural Resource Damage claims are limited to $500M.

• The Superfund Trust Fund is administered by EPA, in cooperation with individual states and tribal governments. Additionally, the NPFC administers Superfund cases in the coastal zone through Regional Interagency Agreements.
• The Superfund Trust Fund is used for releases of hazardous substances – not oil.
• Can be accessed in three ways:
1. By the Federal On-Scene Coordinator.
2. Through the claims process.
• Claims can be submitted by individuals or states
• Response actions must be preauthorized for reimbursement
3. Through the Local Governments Reimbursement (LGR) program.
• Established in 1986, this program is frequently used by local governments to recover costs associated with necessary emergency actions for hazardous substance incidents. Tribes also eligible for reimbursement, but States are not.
• Local governments can be reimbursed up to $25,000 per incident for costs incurred while performing temporary emergency response measures, such as disposable materials and supplies; rental or leasing of equipment; special technical and laboratory services; evacuation services; decontamination of equipment; overtime pay for employees; and replacement of lost or destroyed equipment.
• Incidents involving releases of oil or oil-related products are not covered, unless the oil is mixed with a hazardous substance.
• Federally-funded “removal” responses are limited to $2M and 12 months unless certain statutory findings can be made.

• A disaster declaration must be made by the Governor or Tribal Chief Executive.
• The total assistance provided under the Stafford Act for a single emergency is capped at $5,000,000, unless:
• Continued emergency assistance is immediately required;
• There is a continuing and immediate risk to lives, property, public health, or safety; and
• Necessary assistance will not otherwise be provided on a timely basis.
• The Stafford Act authorizes three types of assistance from the federal government.
• Individual Assistance: Assistance directly given to individuals and businesses affected by an emergency/disaster.
• Public Assistance: Funding and expertise allocated to state and local governments.
• Hazard Mitigation Assistance: Funding aimed at eliminating or reducing the long-term effects of the disaster. (Pre-disaster)
• The President may authorize either one or a combination of FEMA assistance programs to support community recovery.

• One of the unique characteristics of the NCP is the role of the RP.
• The RP is responsible for cleaning up the spill, paying for the response, paying for certain damages as a result of the spill, and environmental restoration following the response (for example, NRDA). If the RP cannot be identified or is not capable of conducting an adequate response, a federal response may be needed.
• Commonly, the RP works cooperatively with the Federal On-Scene Coordinator as a response partner – providing an integrated joint response effort.
• During the Deepwater Horizon Spill in 2010, BP played a prominent role in the response effort and claims payment.
• It is important to note that although the RP is responsible for the clean up, it is still the Federal On-Scene Coordinator that directs and oversees the response.
• RP is commonly part of the Unified Command structure.

EPA Administrator (for inland oil spills) or USCG Commandant (for coastal oil spills) may declare a spill a “Spill of National Significance” (SONS): An oil spill of great complexity or scope.

• First (and only) declared SONS was the 2010 Deepwater Horizon spill.
• The Exxon Valdez spill (1998) was the impetus for writing SONS regulations into the NCP.
• During a SONS, EPA Administrator may name a Senior Agency Official to assist the Federal On-Scene Coordinator, or USCG may name a National Incident Commander to assume role of Federal On-Scene Coordinator, in the following tasks:
• Communicating with affected parties and public;
• Coordinating federal/state/local/international resources at national level; and 
• Conducting strategic coordination with governors/mayors, NRT, and RRTs.

• The Federal On-Scene Coordinators is tasked with classifying the size of a spill. The size classes of an oil discharge, as noted below, are provided as guidance to the Federal On-Scene Coordinators and serve as the criteria for response actions.
• Oil spills and hazardous materials releases are categorized by minor, medium, major classifications based on size and scope of the release.
• Those spills that are deemed a substantial threat to the public health or welfare of the US may be further classified as a SONS.

• These case studies represent typical examples of how oil and hazardous substance response activities are conducted during a natural disaster.
• NCP/NRS and Stafford Act/ESFs are parallel response structures that can be implemented simultaneously and independently.
• NCP/NRS structures and response mechanisms remain in place during a Stafford Act declaration, and coordinated alongside NRF mechanisms.
• Stafford Act/ESF mechanisms provide authorities and funding that enable the response to address environmental threats, at a larger scale.

In this lesson, you learned about the:

• ICS response structure associated with the NCP/NRS
• NRF and ESF #10
• Differences between NCP and Stafford Act responses
• Federal On-Scene Coordinator
• Regional Response Teams
• National Response Team
• NRS Special Teams
• Definition of Responsible Party
• SONS

Lesson 3 Objectives Review:

At the end of this lesson, you will be able to:

1. Recall the basic construct of command and control in response to an environmental incident.
2. Describe the role of the Federal On-Scene Coordinators.
3. List the composition and responsibilities of the RRTs, NRT, and federal “special teams” that support Federal On-Scene Coordinators.
4. Explain the responsibilities of the “responsible party” as identified in the NCP.
5. Define SONS.
6. Compare the NCP and NRF as they apply to responding to environmental incidents.