Chapter 2: PLAN SCOPE AND RESPONSIBILITIES
2.1 Contingency Plan Objectives [top]
This plan sets forth the procedures, as directed by the Environmental and
Natural Resource Protection Manual, (OPNAVINST
5090.1B) to direct and coordinate response to oil discharges and
hazardous substance (HS) releases from Navy vessels and facilities which
pollute, or have the potential to pollute, the environment in the COM AOR.
2.2 Response Priorities [top]
Response operations conducted under this plan shall be in accordance with the
priorities established by the National Oil and Hazardous Substance Pollution
Contingency Plan (NCP) (40 CFR 300):
-
Safety of human life, including search and rescue in the area of the discharge,
-
evacuation of danger zones, and the assurance of safety of response personnel.
-
Stabilization of the situation to preclude the event from worsening.
Stabilization includes saving the vessel, securing the source of the discharge,
and/or removing remaining oil from the source container to preclude greater
discharge, and minimizing the impact on the environment.
-
Protection of environmental resources by using all necessary containment and
removal tactics in a coordinated manner to ensure a timely, effective response
that minimizes adverse impacts to the environment.
These priorities should be addressed concurrently where possible, while
recognizing the higher priorities of safety and stabilization.
2.3 Geographic Scope [top]
This plan encompasses the area assigned to COM by the COM Area Coordination
Instruction, and applies to all Navy activities and units operating in this
area.
2.4 Responsibilities [top]
2.4.1 Authority
OPNAVINST 5090.1B establishes responsibilities for Navy units
and activities in responding to oil and hazardous substance (OHS) spills. That
instruction specifies reporting procedures for Navy OHS spills and response
management in the AOR. Pollution response resources that are available within
the Navy organizational structure are identified in Figure 2.1.
2.4.2 NOSC Responsibilities
COM as the NOSC shall:
Maintain and implement this plan and conduct annual meetings
with response staff and Facility Incident Commanders (FICs) to review and
update this plan.
Coordinate, with the appropriate FICs, the development of
Facility Response Plans for activities in the AOR.
Conduct required training, drills, and exercises as discussed
in Chapter 8 and Chapter 9.
Direct, as the Federal On-Scene Coordinator (FOSC), all
response efforts to Navy HS releases from Navy vessels or facilities in the COM
AOR.
Coordinate the prompt mobilization of personnel, materials,
and equipment in the AOR and assist activities in their local response efforts
as required. Coordination/direction should be commensurate with the severity of
the incident and the response capability of the command.
Ensure that the development and implementation of this plan
is consistent with the National Contingency Plan (NCP),
and U.S. Coast Guard (USCG) and U.S.
Environmental Protection Agency (EPA) Area
Committee Plans. This plan must also be coordinated with federal and state
natural resources trustees, Native American tribes, and local or state
government agencies, some of which may have regulatory jurisdictions and can
provide additional assistance and resources to the Navy.
Ensure that all required notifications are made to federal,
state, and local agencies in accordance with the procedures established in this
plan.
Coordinate all reports and documentation of Navy spill
response operations in the AOR.
Review Senior Officer Present Afloat (SOPA) instructions,
where applicable, and ensure that the guidance and procedures relative to OHS
spill notification and response in the SOPA instructions are consistent with
the NOSC and FIC plans.
Figure 2.1: Navy Pollution Response
Resources
2.4.3 FIC Responsibilities
Facility/Vessel Commanders designated as FICs shall:
Report promptly all OHS spills in accordance with
Chapter 1 of this instruction and the OHS FRP.
Develop and implement OHS Facility Response Plans (FRPs) as
required.
Conduct required training, drills, and exercises as discussed
in Chapter 8 and Chapter 9
of this plan.
Establish, equip, and train an On-Scene Operations Team
(OSOT) to conduct joint pollution response operations with the activity fire
department and other local response organizations.
Direct all Navy and contractor on-scene response operations
for Navy OHS spills within the assigned area.
Notify the NOSC of additional assistance that may be required
beyond the local response capability.
Ensure that initial telephone and message notifications are
made to the NOSC. Submit situation reports to all concerned, as appropriate.
Assist the NOSC in responding to major Navy and non-Navy
pollution incidents, upon request, by providing available personnel and
equipment.
Assist in the planning of, and participate in, annual NOSC
meetings and exercises.
Review SOPA instructions, where applicable, and ensure that
the guidance and procedures relative to OHS spill notifications and response in
the SOPA instructions are consistent with the FIC FRP.
2.4.4 Navy Ship, Unit, and Shore Activity
Responsibilities
All Navy ships, units, and shore activities in the COM AOR
shall:
Report promptly all OHS spills or discoveries of non-Navy
pollution incidents in accordance with Chapter 1 of
this instruction, SOPA Instructions, Fleet Operating Orders (OPORDs), and Fleet
OHS Pollution Contingency Plans.
Conduct required training, drills, and exercises as discussed
in Chapter 8 and Chapter 9
of this plan.
Assemble, document, and report all available incident
information, especially with respect to OHS type, quantity, and environmental
conditions.
Initiate containment and cleanup actions immediately.
Direct response operations until relieved by the cognizant
NOSC or FIC.
Determine availability of manpower, material, and equipment
that may be required for cleanup response.
Provide assistance within available resources to assist the
FIC or NOSC.
Maintain ship and shore activity spill response plans.
2.5 Federal And Regional Coordination [top]
The Oil Pollution Act of 1990 (OPA
90) outlines the National Response System
which is implemented in the NCP. The federal response organization provides for
a pre-designated FOSC to monitor, assist, or direct, if necessary, response to
OHS spills, without regard to the spill's source. If the Administrator of the
EPA or Commandant of the Coast Guard classifies the spill as a spill of
national significance (SONS), the FOSC, or the named National Incident
Commander (NIC), is required to direct the response. The pre-designated FOSC
and/or NIC has been designated as follows:
The Commanding Officer, USCG Marine Safety Office (MSO),
_____, is the designated FOSC to direct federal response under the NCP for
coastal oil pollution incidents in his/her respective AORs.
The Administrator, EPA Region _____, provides the designated FOSC to direct
federal response under the NCP for inland pollution incidents in the COM area,
except for DoD HS releases. (Specific "Boundary Agreements" delineating EPA and
USCG FOSC zones are contained in the Area Contingency Plans (ACPs). See
Appendix G for the EPA/USCG Boundary Agreements for the COM area.)
The Department of Defense (DoD) is
designated the FOSC for HS releases from/on DoD facilities and from DoD
vessels, including vessels bare boat chartered and operated under the
jurisdiction, custody or control of DoD. COM is the DoD designated FOSC for all
Navy HS releases in the AOR.
The NCP also establishes the National Response Team (NRT)
and 13 Regional Response Teams (RRTs).
DoD is a member of the NRT and the RRTs. The RRT Region _____ monitors reports
of pollution incidents, assists the FOSC, coordinates the application for the
use of alternative removal methods (dispersants and in situ burning) and
maintains liaison with the National Response Team (NRT). The DoD representative
of the Region _____ RRT is _______________.
The ________State Agency________ coordinates state emergency response efforts
for all OHS spills occurring in ____State____. (See Appendix A for additional
coordinating agencies and more detailed information).
OPA 90 established Area Committees for each USCG Captain of the Port Zone (COTP)
and EPA Region. These committees are made up of federal, state, and local
agencies and are responsible for development of an ACP to remove a worst case
discharge or prevent a threat of such a discharge. While the Area Committees do
not have a role in actual response management, the ACP is the source of
valuable guidance on coordination and prioritization of resources at risk. Navy
response plans must be consistent with the applicable ACP.
The NCP also defines the "First Federal Official" as the first representative of
a federal agency that is a member of the NRT. This official is responsible for
coordination of activities under the NCP and may initiate, in consultation with
the FOSC, any necessary actions until the arrival on-scene of the FOSC.
2.6 Navy Coordination And Command [top]
2.6.1 Chain Of Command
OPNAVINST 5090.1B describes the Navy OHS spill contingency
planning and response organization. Geographic assignments and the
responsibility for coordination are derived from area and regional area
environmental coordination directives. The duties and responsibilities of Navy
Commanding Officers and personnel are described in the Regional Coordination
Instruction (__________). All OHS spill responses shall be conducted within the
responsibility and authority of the Chain of Command. The responsibility for
major claimant support is specified in OPNAVINST 5090.1B.
2.6.2 Delegation
The NOSC and FICs are the primary officials with authority to
conduct OHS response activities for the Navy. This authority is assigned to
commanding officers, who may delegate specific responsibilities in their
contingency plans. When required, delegation of authority by the NOSC or FIC
may be verbal; however, written confirmation of the delegation should be made
as soon as possible. The NOSC or FIC is represented on-scene by personnel whose
qualifications are commensurate with the pollution incident situation. COM
shall not delegate his/her responsibility or authority as the FOSC for HS
releases to subordinate commands.
2.6.3 On-Scene Command
It is Navy policy to conduct oil spill responses in such a
manner as to retain responsibility and control of the response. Federal
regulation, the National Contingency Plan, requires the Navy to retain the
overall responsibility as FOSC to direct response to Navy HS releases.
The FIC is responsible for directing all initial response
efforts in assigned areas. The NOSC is responsible for initial efforts
throughout his region where no FIC is assigned. The first Navy official
on-scene shall assume command until relieved by the cognizant FIC or NOSC.
Upon notification of a pollution incident, the NOSC or FIC
shall assess the severity of the situation and determine the threat to public
health, property, and the environment. The NOSC or FIC determines the level of
plan implementation required for the response. In all cases, the FIC shall
notify the NOSC of the incident, provide pertinent details, and request
assistance if required.
For HS releases from/on Navy facilities or from Navy vessels,
the NOSC shall assume the role of FOSC with responsibilities equivalent to
those specified for the EPA/USCG FOSC in the NCP. When acting as the FOSC, the
NOSC shall work directly with the Area Committee and coordinate closely with
the RRT to ensure the maximum effectiveness of the federal response mechanism.
The NOSC shall not relinquish the responsibility of FOSC to other RRT member
agencies. In the capacity as FOSC for major Navy HS releases, the NOSC should
seek the advice of the pre-designated USCG or EPA FOSC (for non-DoD HS
releases) as required. The experience and expertise of other federal agency HS
specialists should be accessed through the Area Committee and the RRT.
2.7 Salvage Related Incidents [top]
Concurrent salvage and pollution operations may be required from casualties such
as a ship grounding, collision, fire, or harbor clearance. Salvage operations
are coordinated by the Navy Fleet Commander or Type Commander. Both salvage and
pollution response operations shall be conducted with proper consideration to
both the safety of the ship and the environment. Coordination of all salvage
and pollution response efforts is particularly critical when casualties occur
outside of Navy ports. The NOSC/FIC shall initiate liaison with the fleet
salvage forces (e.g., the Commander in Chief, U.S. __________ Fleet
(CINC_____FLT) or the Commander, Naval Surface Force, U.S. _____ Fleet
(COMNAVSURF_____)) as soon as possible. Financial accounting documents shall
separate pollution expenses from salvage expenditures.
2.7.1 Jettisoning of Oil
The discharge of oil, for purposes of securing the safety of
a ship or safety of life, is authorized by international treaty and U.S. law.
In U.S. waters, jettisoning oil should only be considered as part of a salvage
plan when developed by technically qualified salvors and after consultation
with the USCG FOSC.
2.7.2 Safe Havens
A safe haven or harbor of refuge is any port or sheltered
waters where a damaged ship can be dealt with in relative safety. Requests for
safe havens for a Navy ship casualty shall be coordinated with USCG, state, and
local authorities through the COM Operations Officer (Code _____). The NOSC
and/or Activity commanders shall provide assistance for environmental
protection of the safe haven area. This assistance may include protective
containment boom, standby skimmers, and salvage equipment.
2.8 Non-Navy Incidents [top]
Navy response to non-Navy pollution incidents shall conform to the requirements
of the NCP and shall be in accordance with the procedures established in this
section and in the interagency agreement between the Navy and the USCG (See
Appendix G). Navy forces participating in non-Navy pollution incidents shall,
unless otherwise directed, operate under their normal command relationships.
Requests for Navy participation in non-Navy pollution incidents will likely
originate from the USCG, as the FOSC for coastal OHS spills, and may be
coordinated via the RRT. These requests shall be directed to the NOSC (COM) who
coordinates tasking of appropriate units. The commander of any participating
unit shall report to the FOSC or to the OSC's designated representative and
shall assist in the planning and execution of the assigned tasks. The NOSC and
cognizant FICs shall be kept informed about the utilization of Navy forces or
assets.
Pre-authorized informal communication links may be used to reduce the time
between requests for Navy assistance and Navy response. Navy response to
non-Navy pollution incidents is subordinate to Navy operational requirements.
Navy resources which are listed in any support agreement may not be available
at any one time.
Pre-arranged agreements exist between the USCG and
Navy SUPSALV. The FOSC is permitted direct access to SUPSALV equipment
through the inter-agency agreement (IAA). (Appendix G contains a copy of the
Interagency Agreement between the USCG and the Navy.)
2.9 Navy Natural Resources Trustee Responsibilities
[top]
A trustee is a person who acts on behalf of the public to protect natural
resources. Potential trustees that could be impacted by an oil discharge or
hazardous substance release are incorporated into the National Response System
and identified in the NCP. Trustee participation in preparedness and response
is intended to avoid or minimize injury to natural resources. Various federal,
state, Indian tribe, and foreign officials have been designated as trustees and
have jurisdiction over natural resources. In some instances, multiple trustees
exist for the same resource. Natural resources are broadly defined by 43 Code
of Federal Regulations (CFR)
11.14, the
Oil Pollution Act of 1990 (OPA), and the NCP as "land, fish, wildlife,
biota, air, water, ground water, drinking water supplies and other such
resources belonging to, managed by, held in trust by, appertaining to, or
otherwise controlled by... a trustee."
2.9.1 Authority [top]
Executive Order (EO) 12580, as amended by EO 12777, delegates
natural resource trustee responsibilities to the Secretaries of the Interior,
Defense, Energy, and Agriculture, as land managing agencies, for natural
resources located on, over, or under land administered by each agency. The
Secretaries of Commerce and Interior have jurisdiction for general categories
of natural resources, including their supporting ecosystems. Under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),
the Secretary of Defense has delegated trustee responsibilities to the
secretaries of the component services. Each trustee has the responsibility to
ensure protection of his/her resources. Under OPA 90, if resources are impacted
by an oil spill or hazardous substance release, trustees are responsible for
the restoration, rehabilitation, replacement, or acquisition of resources
equivalent to those affected.
2.9.2 Spill Response
The NCP provides the legal framework for trustee
responsibilities during a spill or release. There are two distinct and separate
roles that trustees must fulfill:
-
A response role to provide technical assistance and expertise
to the OSC on resources at risk and environmental issues, including appropriate
countermeasures for minimizing impacts; and
-
A natural resource damage assessment
(NRDA) role to ensure polluter-funded restoration of impacted natural
resources.
These two roles are separate and distinct and need to be
understood by the NOSC's spill management team as well as the trustees. In
their response roles, trustees are actively involved in the response process,
helping prioritize protection strategies for sensitive areas and providing
expertise to minimize environmental impacts. In the NRDA role, a trustee
assesses injury or damage that has already occurred to resources, a separate
but parallel activity to the actual response.
The response role for trustee agencies is largely fulfilled
in the Planning functional area of the Unified Command System (UCS) (see
Chapter 5). The trustee representatives advise the OSC on appropriate
response techniques; identify, highlight, and prioritize sensitive areas to
protect; and provide technical expertise on other environmental and wildlife
issues. In the Navy Incident Command System (ICS) organization (Chapter
3), the Environmental Unit Leader, the Shoreline Protection Unit
Leader, and the Wildlife Rescue Unit Leader typically work directly with the
trustees. See Figure L.1 in Appendix L for a diagram of the above
relationships.
2.9.3 NOSC Involvement [top]
The NOSC and the resource trustees interact in the following
situations:
-
Notification - The NCP requires the OSC to notify the
trustees of any spill or release so that the trustees can carry out their
response and NRDA roles. See Appendix A for
trustee contact information.
-
Coordination - The OSC is required to consult and coordinate
with the resource trustees to minimize environmental impacts. The OSC also
needs to be aware of any NRDA taking place, and needs to coordinate resources
with the trustees carrying out that role, but does not participate in the NRDA.
For more information on Wildlife Management issues, refer to
Appendix M. For more specific information on NRDA, refer to
Appendix L.
2.10 Claims For Damages Or Compensation [top]
The Clean Water Act does not define the Navy's liability for damages from
pollution incidents as it defines the liability of non-government spillers. All
claims resulting from a Navy pollution incident are handled in accordance with
procedures promulgated by the Navy Judge Advocate General (JAG).
For spills that impact water, Appendix P of this
plan contains information on the Navy Admiralty's claims procedures.
For assistance in establishing claims processing for marine spills, contact the
JAG Admiralty Division. Damage claims for spills that are confined to land fall
under the Federal Tort Claims Act, and the Legal Office should be contacted for
advice on procedures for filing claims. One should not confuse emergency
pollution cleanup response costs funded by the spilling activity with requests
for payment of damage claims or for restoration of damaged property.
2.11 Investigations [top]
The NOSC and FIC responsibility is to manage the spill response and to ensure a
prompt and effective clean up. Attempts to assign blame to visiting vessels or
other causes are counter-productive and may delay cleanup efforts and limit
cooperation. One should not attempt to fix blame or responsibility for the
incident. The appropriate level of the spiller's chain of command shall
initiate an investigation in accordance with the JAG Manual.
2.12 Security [top]
Spill response information is not normally classified; however, the NOSC and the
FICs must be aware of potential security and public safety issues. Security is
an active part of NOSC spill response management provided through the activity
Security Officer. Physical security shall be provided for all Navy, contractor,
local government, or other response equipment obtained by the Navy for spill
response. Equipment staging areas must be selected to allow for the physical
security of personnel and equipment.
2.13 Volunteer Support [top]
As a pollution incident gains publicity, local civilians and other interested
parties may volunteer their services to perform such tasks as shoreline
cleanup, wildlife rehabilitation, and other functions. The use of volunteer
support by the Navy is not authorized. Volunteers should be directed to the
Federal OSC, as specified under the NCP or to the local civilian authorities
who may wish to use volunteer help under their direction.
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