**National Schedule Coordination Committee's (NSCC) Response to August
2000 PREP Workshop Comments**

Enclosed is the NSCC's response to comments received from the August
2000 PREP Workshop. Note: The NSCC consists of representatives from the
US Coast Guard, US Environmental Protection Agency, US Office of
Pipeline Safety, and US Minerals Management Service with responsibility
for oversight of the industry's preparedness to respond to oil spill
incidents in or near US navigable waters.

More than 90 comments were received from 18 commenters covering a
variety of concerns related to PREP. Comments fall in to two general
categories: suggestions for clarifying language in the PREP Guidelines
themselves, and concerns over sufficiency of the guidelines as a tool in
governmental assessment of industry response capabilities. Specific
issues of concern by category include, but are not limited to:

-   Government initiated Unannounced Exercises -- number, scope, credit
    issues, possible sanctions for unsatisfactory planholder
    performance.

-   Spill Management Team Exercises -- number, who participates, where
    they are held, government participation in, who credits.

-   Area Exercises -- scale, industry participation.

-   Equipment Deployment exercises -- quantities and types of equipment,
    operating environments, relation to planning strategies.

-   Lessons learned -- methods for capturing and sharing, tracking
    implementation, ties between implementation and credit.

-   Exercise credit -- who gives credit, when should it be taken, on
    what should it be based, credit for actual responses, adequacy of
    credit documentation (Appendix A of the PREP Guidelines).

-   Exercise objectives - adequacy of Appendix B of the PREP Guidelines.

-   Hazardous Substance Exercises -- consistency with PREP Guidelines.

-   Status of actions stemming from the 1997 PREP workshop.

The agencies remain fully committed to maintaining the integrity of the
PREP Guidelines and the exercise process as a primary tool in fostering
government/industry cooperation in continually validating response
preparedness nationwide. If you have any questions or comments, please
feel free to contact any of the four agency PREP coordinators: Bob Pond
(CG - 202-267-6603, <rpond@comdt.uscg.mil)>, Bud Hunt (EPA -
703-603-8736, hunt.bud@epamail.epa.gov), Larry Ake (MMS -703-787-1567,
larry.ake@mms.gov), or Melanie Barber (OPS -- 202-366-4560,
melanie.barber@rspa.dot.gov).

+---+-------------+-------------------+-------------------------------+
| # | ##          | ## Comment        | ## Response                   |
| # | Topic Area  |                   |                               |
|   |             |                   |                               |
| \ |             |                   |                               |
| # |             |                   |                               |
+---+-------------+-------------------+-------------------------------+
| * | Area        | One commentor     | Concur. A fundamental precept |
| * | Exercises   | strongly          | for area exercises in the     |
| 1 | -- scale,   | recommended that  | existing PREP Guidelines is   |
| * | industry    | Area Committee,   | that area committee members   |
| * | par         | local             | should be involved to the     |
|   | ticipation. | stakeholders, and | maximum extent possible in    |
|   |             | state and local   | all aspects of exercise       |
|   |             | agencies be       | design, execution and         |
|   |             | involved in       | evaluation. This includes     |
|   |             | selection of      | identification of all         |
|   |             | industry players  | exercise participants,        |
|   |             | for both          | selection of scenario, and    |
|   |             | industry-led and  | exercise objectives. Area     |
|   |             | government-led    | exercises are the primary     |
|   |             | area exercises as | opportunity for the entire    |
|   |             | well as in        | response community to         |
|   |             | scenario          | validate area contingency     |
|   |             | development and   | plan effectiveness. We will   |
|   |             | selection of      | draft revisions to the        |
|   |             | exercise          | Guidelines to reemphasize and |
|   |             | objectives.       | clarify this responsibility   |
|   |             |                   | to Area Committees            |
+---+-------------+-------------------+-------------------------------+
| * | Area        | One commentor     | The NSCC is addressing        |
| * | Exercises   | suggested that    | concerns regarding exercise   |
| 2 | -- scale,   | the new Oil       | scope and location by         |
| * | industry    | Pollution         | exercise type as noted by     |
| * | par         | Response Area     | response to comments on topic |
|   | ticipation. | (OPRA) concept    | areas 5, 8, 19, 22, and 34.   |
|   |             | being considered  |                               |
|   |             | by the CG in the  |                               |
|   |             | context of the    |                               |
|   |             | OSRO guidelines,  |                               |
|   |             | should result in  |                               |
|   |             | planholders being |                               |
|   |             | required to       |                               |
|   |             | conduct separate  |                               |
|   |             | exercises in each |                               |
|   |             | OPRA.             |                               |
+---+-------------+-------------------+-------------------------------+
| * | Area        | One commentor     | The four agencies are working |
| * | Exercises   | stated that the   | with the National Strike      |
| 3 | -- scale,   | PREP Guidelines   | Force Coordination Center to  |
| * | industry    | need to provide   | develop a model for area      |
| * | par         | more guidance     | exercises, including size and |
|   | ticipation. | concerning size   | scope expectations. The model |
|   |             | and scope         | will recognize need for cost  |
|   |             | expectations for  | control and emphasize the     |
|   |             | government and    | opportunity to use the annual |
|   |             | industry-led area | SMT and equipment deployment  |
|   |             | exercises.        | exercises as the core for the |
|   |             | Industry plan     | area exercise. Once the model |
|   |             | holders remain    | is drafted, it will be        |
|   |             | very reluctant to | disseminated widely to the    |
|   |             | participate due   | public. The model will not be |
|   |             | to potential cost | mandatory but will serve as   |
|   |             | of the exercise.  | an example of one way that    |
|   |             |                   | credible industry-led or      |
|   |             |                   | government-led area exercises |
|   |             |                   | may be developed.             |
+---+-------------+-------------------+-------------------------------+
| * | Area        | One commentor     | The general definition of a   |
| * | Exercises   | suggested that    | tabletop contained in the     |
| 4 | -- scale,   | the PREP          | PREP Guidelines accommodates  |
| * | industry    | Guidelines be     | both role playing and         |
| * | par         | amended to        | facilitated discussion type   |
|   | ticipation. | include           | exercises. Both are           |
|   |             | definitions for   | legitimate means to achieve   |
|   |             | two types of      | the goal of preparedness.     |
|   |             | tabletop          | Plan holders should consider  |
|   |             | exercises: Role   | a mix of exercise formats     |
|   |             | Playing and       | that best ensures their       |
|   |             | Facilitated       | preparedness.                 |
|   |             | Discussion        |                               |
+---+-------------+-------------------+-------------------------------+
| * | Area        | One commentor     | During the development of the |
| * | Exercises   | stated that in    | original guidelines,          |
| 5 | -- scale,   | recent years,     | government and industry       |
| * | industry    | government        | participants established a    |
| * | par         | participation in  | regimen of 6 government-led   |
|   | ticipation. | industry-led      | and 14 industry-led area      |
|   |             | exercises has     | exercises. These numbers were |
|   |             | reduced. The      | based on the recognition that |
|   |             | commentor         | both government and industry  |
|   |             | suggested that    | are resource constrained, and |
|   |             | there is a need   | were intended to establish an |
|   |             | for more          | equitable mix between         |
|   |             | government        | government and industry. The  |
|   |             | involvement, not  | total number of area          |
|   |             | less and          | exercises, 20 per year, is    |
|   |             | therefore we      | consistent with approximately |
|   |             | should consider   | 60 major Coast Guard and EPA  |
|   |             | fewer             | planning areas established    |
|   |             | industry-led and  | under OPA 90. Twenty          |
|   |             | more              | exercises yearly equates to   |
|   |             | government-led    | one exercise in each area     |
|   |             | area exercises.   | every 3 years. The intent was |
|   |             |                   | that government plan holders  |
|   |             |                   | at the regional and area      |
|   |             |                   | levels would be as actively   |
|   |             |                   | involved in industry-led      |
|   |             |                   | exercises as they are in      |
|   |             |                   | government-led exercises. The |
|   |             |                   | distinction between           |
|   |             |                   | government-led and            |
|   |             |                   | industry-led was intended to  |
|   |             |                   | identify who would have       |
|   |             |                   | planning and funding lead.    |
|   |             |                   | Participating agencies are    |
|   |             |                   | encouraging their field       |
|   |             |                   | offices to be more proactive  |
|   |             |                   | in working with industry to   |
|   |             |                   | identify industry-led area    |
|   |             |                   | exercises leaders and in      |
|   |             |                   | working with those leads to   |
|   |             |                   | plan and execute effective    |
|   |             |                   | exercises.                    |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | This is a regulatory issue    |
| * | credit --   | recommended that  | not a PREP Guidelines issue.  |
| 6 | who gives   | OSROs be required | In the regulatory development |
| * | credit,     | to submit         | process the agencies required |
| * | when should | exercise          | plan holders to retain        |
|   | it be       | documentation     | exercise records (including   |
|   | taken, on   | annually, to each | OSRO exercise records) and to |
|   | what should | agency having     | make those records available  |
|   | it be       | jurisdiction on   | for agency review upon        |
|   | based,      | or before         | request. This is a typical    |
|   | credit for  | December 31.      | oversight regimen, which      |
|   | actual      |                   | allows the agencies to        |
|   | responses,  |                   | spot-check compliance without |
|   | adequacy of |                   | overburdening either the      |
|   | credit      |                   | agencies or the industry. It  |
|   | do          |                   | does rely on the assumption   |
|   | cumentation |                   | that the industry is          |
|   | (Appendix A |                   | generally in compliance and   |
|   | of the PREP |                   | that the government is        |
|   | G           |                   | diligent in conducting        |
|   | uidelines). |                   | oversight. Any changes to     |
|   |             |                   | these record-keeping          |
|   |             |                   | requirements, especially      |
|   |             |                   | imposition of a requirement   |
|   |             |                   | on the currently unregulated  |
|   |             |                   | OSROs would require a         |
|   |             |                   | regulatory and or legislative |
|   |             |                   | change which does not appear  |
|   |             |                   | warranted at this time.       |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | Record-keeping is outside the |
| * | credit --   | suggested that    | scope of the PREP Guidelines. |
| 7 | who gives   | EPA and USCG      | Plan holders are required to  |
| * | credit,     | facility record   | maintain records in           |
| * | when should | keeping           | accordance with the           |
|   | it be       | requirements be   | individual federal oversight  |
|   | taken, on   | made the same,    | agency regulatory             |
|   | what should | e.g., 3 years.    | requirements. As a general    |
|   | it be       | EPA currently     | rule, agencies follow         |
|   | based,      | requires records  | standard record-keeping       |
|   | credit for  | to be retained    | requirements for the full set |
|   | actual      | for 5 years while | of rules and regulations they |
|   | responses,  | the USCG requires | enforce. However, the         |
|   | adequacy of | they be retained  | agencies that make up the     |
|   | credit      | for only 3. The   | NSCC will consider these      |
|   | do          | same commentor    | concerns as part of their     |
|   | cumentation | requested that    | internal regulatory reviews.  |
|   | (Appendix A | plan holders be   |                               |
|   | of the PREP | allowed to        |                               |
|   | G           | determine the     |                               |
|   | uidelines). | most effective    |                               |
|   |             | location to keep  |                               |
|   |             | drill             |                               |
|   |             | documentation.    |                               |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | The PREP Guidelines do not    |
| * | credit --   | stated that one   | currently require that an     |
| 8 | who gives   | agency does not   | OSRO equipment deployment     |
| * | credit,     | think that a      | exercise be conducted at      |
| * | when should | facility should   | every facility every year.    |
|   | it be       | be permitted to   | This is because an OSRO may   |
|   | taken, on   | take credit for   | have tens or even hundreds of |
|   | what should | an equipment      | planholder clients and to     |
|   | it be       | deployment        | exercise at each facility     |
|   | based,      | exercise unless   | would require many OSROs to   |
|   | credit for  | the involved OSRO | engage in continuous          |
|   | actual      | deploys equipment | exercises. The original       |
|   | responses,  | at that facility. | drafters of the PREP          |
|   | adequacy of |                   | Guidelines recognized this    |
|   | credit      |                   | and endorsed the concept of   |
|   | do          |                   | allowing OSROs to engage in a |
|   | cumentation |                   | regional equipment deployment |
|   | (Appendix A |                   | concept. This regional        |
|   | of the PREP |                   | concept recognized that       |
|   | G           |                   | topography, hydrology,        |
|   | uidelines). |                   | oceanography, etc. in a given |
|   |             |                   | region only vary to a limited |
|   |             |                   | extent. If an OSRO exercises  |
|   |             |                   | in each operating environment |
|   |             |                   | specified in the PREP         |
|   |             |                   | Guidelines (fully protected,  |
|   |             |                   | sheltered, and unsheltered),  |
|   |             |                   | in a given region, that OSRO  |
|   |             |                   | has provided sufficient       |
|   |             |                   | demonstration of the          |
|   |             |                   | capabilities of its personnel |
|   |             |                   | and equipment to operate      |
|   |             |                   | throughout the entire region. |
|   |             |                   | However, the NSCC agrees that |
|   |             |                   | the concept of "region" is    |
|   |             |                   | too imprecisely defined and   |
|   |             |                   | will propose a more precise   |
|   |             |                   | definition in the draft       |
|   |             |                   | revision to the PREP          |
|   |             |                   | Guidelines.                   |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | The PREP Guidelines clearly   |
| * | credit --   | noted that at     | indicate that plan holder     |
| 9 | who gives   | least one agency  | initiated internal exercises  |
| * | credit,     | is asserting      | are self-certified.           |
| * | when should | authority to      | Government agencies conduct   |
|   | it be       | issue credit for  | periodic audits of these plan |
|   | taken, on   | some industry     | holder exercise               |
|   | what should | internal          | certifications to confirm     |
|   | it be       | exercises while   | compliance. Only              |
|   | based,      | other federal     | government-initiated external |
|   | credit for  | agencies allow    | exercises are certified by    |
|   | actual      | plan holders to   | government agencies.          |
|   | responses,  | self-certify.     |                               |
|   | adequacy of |                   |                               |
|   | credit      |                   |                               |
|   | do          |                   |                               |
|   | cumentation |                   |                               |
|   | (Appendix A |                   |                               |
|   | of the PREP |                   |                               |
|   | G           |                   |                               |
|   | uidelines). |                   |                               |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | The PREP Guidelines allow     |
| * | credit --   | stated that some  | plan holders to claim credit  |
| 1 | who gives   | government        | for certain                   |
| 0 | credit,     | agencies are not  | [internal]{.underline}        |
| * | when should | authorizing plan  | exercises in the event of an  |
| * | it be       | holders to take   | actual discharge. Credit for  |
|   | taken, on   | exercise credit   | [external]{.underline}        |
|   | what should | for actual        | exercises can not be taken by |
|   | it be       | spills.           | a plan holder. For example,   |
|   | based,      |                   | to take credit for an         |
|   | credit for  |                   | equipment deployment exercise |
|   | actual      |                   | during an actual discharge,   |
|   | responses,  |                   | the facility owner or         |
|   | adequacy of |                   | operator must document        |
|   | credit      |                   | completion of the appropriate |
|   | do          |                   | exercise requirements         |
|   | cumentation |                   | including an assessment of    |
|   | (Appendix A |                   | the spill response. For       |
|   | of the PREP |                   | external exercises such as    |
|   | G           |                   | the government initiated      |
|   | uidelines). |                   | unannounced exercise , the    |
|   |             |                   | government is the crediting   |
|   |             |                   | entity. Therefore a plan      |
|   |             |                   | holder can only receive       |
|   |             |                   | credit for participation in a |
|   |             |                   | government initiated          |
|   |             |                   | unannounced exercise as the   |
|   |             |                   | result of an actual spill     |
|   |             |                   | response if the response is   |
|   |             |                   | evaluated by and credit is    |
|   |             |                   | given by the appropriate      |
|   |             |                   | government agency.            |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | The self-certification        |
| * | credit --   | suggested that    | regimen established in the    |
| 1 | who gives   | the PREP program  | PREP guidelines was based on  |
| 1 | credit,     | relies too        | the recognition of the        |
| * | when should | heavily on        | following:                    |
| * | it be       | se                |                               |
|   | taken, on   | lf-certification. | -   It is in the best         |
|   | what should | As an alternative |     interest of every plan    |
|   | it be       | the commentor     |     holder to conduct         |
|   | based,      | recommended that  |     periodic validation of    |
|   | credit for  | a third party,    |     their response            |
|   | actual      | (representative   |     preparedness              |
|   | responses,  | from the state,   |     capabilities;             |
|   | adequacy of | local or federal  |                               |
|   | credit      | agency) evaluate  | ```{=html}                    |
|   | do          | at least one      | <!-- -->                      |
|   | cumentation | tabletop exercise | ```                           |
|   | (Appendix A | and one equipment | -   The PREP exercise         |
|   | of the PREP | deployment        |     schedule provides a       |
|   | G           | exercise every    |     logical mix of exercise   |
|   | uidelines). | three years for   |     types over a manageable   |
|   |             | each plan holder. |     but effective timeframe   |
|   |             |                   |     to accomplish that        |
|   |             | Conversely, two   |     validation;               |
|   |             | commentors stated |                               |
|   |             | PREP exercises    | ```{=html}                    |
|   |             | were never        | <!-- -->                      |
|   |             | intended as a     | ```                           |
|   |             | test but rather a | -   Ideally every exercise    |
|   |             | validation.       |     would involve both        |
|   |             | Therefore,        |     government and industry   |
|   |             | s                 |     participants for design,  |
|   |             | elf-certification |     execution and evaluation; |
|   |             | should continue   |     and                       |
|   |             | as originally     |                               |
|   |             | conceived: i.e.,  | ```{=html}                    |
|   |             | PREP should       | <!-- -->                      |
|   |             | continue to allow | ```                           |
|   |             | plan holders to   | -   That neither government   |
|   |             | take credit for   |     or industry has the       |
|   |             | exercises when    |     resources to participate  |
|   |             | all objectives    |     in more than one or two   |
|   |             | are evaluated,    |     exercise evolutions with  |
|   |             | and a proper      |     other players on a yearly |
|   |             | record is         |     basis.                    |
|   |             | generated.        |                               |
|   |             |                   | There are approximately 9,000 |
|   |             |                   | vessel and facility response  |
|   |             |                   | plan holders in the US. To    |
|   |             |                   | meet this requirement the     |
|   |             |                   | agencies would have to        |
|   |             |                   | coordinate with the states to |
|   |             |                   | observe almost 9,000          |
|   |             |                   | equipment deployments and     |
|   |             |                   | 3,000 tabletop exercises each |
|   |             |                   | year. Government resources    |
|   |             |                   | are not sufficient to carry   |
|   |             |                   | out that kind of oversight    |
|   |             |                   | nor do we believe that such   |
|   |             |                   | oversight is necessary. The   |
|   |             |                   | prime purpose of the          |
|   |             |                   | exercises is to ensure plan   |
|   |             |                   | holder familiarity with       |
|   |             |                   | response and their OSRO       |
|   |             |                   | capabilities. Further, an     |
|   |             |                   | underlying goal of PREP is to |
|   |             |                   | foster government/industry    |
|   |             |                   | cooperation which is          |
|   |             |                   | fundamental to successful     |
|   |             |                   | response. Government          |
|   |             |                   | regulatory oversight is       |
|   |             |                   | better carried out through    |
|   |             |                   | other interactions with the   |
|   |             |                   | planholder, including         |
|   |             |                   | periodic plan review,         |
|   |             |                   | periodic vessel/facility site |
|   |             |                   | visits, the OSRO              |
|   |             |                   | classification program,       |
|   |             |                   | triennial area exercises and  |
|   |             |                   | the government-initiated      |
|   |             |                   | unannounced exercise program. |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | Each of the four federal      |
| * | credit --   | suggested that    | oversight agencies has a      |
| 1 | who gives   | some oversight    | program that uses a number of |
| 2 | credit,     | agencies have no  | tools in interacting with the |
| * | when should | effective         | regulated community,          |
| * | it be       | mechanism to      | including, but not limited    |
|   | taken, on   | check exercise    | to:                           |
|   | what should | compliance. For   |                               |
|   | it be       | example, the      | -   The PREP program which    |
|   | based,      | commentor stated  |     allows for cooperative    |
|   | credit for  | that PREP is      |     interchanges between      |
|   | actual      | written so that   |     government and industry,  |
|   | responses,  | plan holders only |     as well as government     |
|   | adequacy of | have to exercise  |     verification of industry  |
|   | credit      | equipment and     |     capabilities during joint |
|   | do          | personnel in      |     exercises.                |
|   | cumentation | areas where the   |                               |
|   | (Appendix A | personnel are     | ```{=html}                    |
|   | of the PREP | located, not in   | <!-- -->                      |
|   | G           | areas where they  | ```                           |
|   | uidelines). | may be required   | -   The OSRO classification   |
|   |             | to respond. The   |     process which applies     |
|   |             | commentor         |     standards to              |
|   |             | recommended that  |     participating OSROs       |
|   |             | PREP be modified  |     nationwide in order to    |
|   |             | to enable         |     determine their           |
|   |             | agencies to       |     capabilities. This        |
|   |             | verify that       |     assists both government   |
|   |             | planholder's      |     and industry plan holders |
|   |             | response          |     in evaluating adequacy of |
|   |             | equipment can be  |     their response equipment  |
|   |             | delivered to      |     providers.                |
|   |             | specific areas    |                               |
|   |             | they claim to be  | ```{=html}                    |
|   |             | able to cover.    | <!-- -->                      |
|   |             |                   | ```                           |
|   |             |                   | -   Regular plan holder       |
|   |             |                   |     inspections and           |
|   |             |                   |     examinations. Each of the |
|   |             |                   |     four agencies visit       |
|   |             |                   |     regulated                 |
|   |             |                   |     facilities/vessels to     |
|   |             |                   |     determine compliance with |
|   |             |                   |     a myriad of pollution     |
|   |             |                   |     prevention, preparedness  |
|   |             |                   |     and response              |
|   |             |                   |     requirements, including   |
|   |             |                   |     exercise requirements.    |
|   |             |                   |     These periodic visits     |
|   |             |                   |     provide opportunities for |
|   |             |                   |     agencies to verify plan   |
|   |             |                   |     holder exercise records.  |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | Appendix A of the | The NSCC is interested in     |
| * | credit --   | PREP Guidelines   | keeping the forms relevant    |
| 1 | who gives   | includes sample   | but does not want to be       |
| 3 | credit,     | exercise          | overly prescriptive . The     |
| * | when should | documentation     | NSCC will review the forms    |
| * | it be       | forms. One        | and consider some             |
|   | taken, on   | commentor         | modifications. The PREP       |
|   | what should | recommended that  | program is based largely on   |
|   | it be       | these forms       | mutual partnership between    |
|   | based,      | should be more    | government and industry based |
|   | credit for  | detailed, i.e.:   | in part on the recognition    |
|   | actual      |                   | that the government must      |
|   | responses,  | -   National      | employ its limited time and   |
|   | adequacy of |     Response      | resources judiciously in      |
|   | credit      |     System/ICS    | overseeing industry           |
|   | do          |     forms         | exercises, and that industry  |
|   | cumentation |     completed     | has sufficient liability      |
|   | (Appendix A |                   | incentives to exercise in     |
|   | of the PREP | -   Plans         | earnest.                      |
|   | G           |     generated for |                               |
|   | uidelines). |     the exercise  |                               |
|   |             |     to show       |                               |
|   |             |     specific      |                               |
|   |             |     objectives    |                               |
|   |             |     tested        |                               |
|   |             |                   |                               |
|   |             | -   Complete list |                               |
|   |             |     of attendees  |                               |
|   |             |                   |                               |
|   |             | -   Detailed      |                               |
|   |             |     records of    |                               |
|   |             |     exercise      |                               |
|   |             |     decisions and |                               |
|   |             |     actions       |                               |
|   |             |                   |                               |
|   |             | -   List of       |                               |
|   |             |     equipment     |                               |
|   |             |     exercised.    |                               |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | Plan holder documentation of  |
| * | credit --   | stated that the   | an exercise is the primary    |
| 1 | who gives   | PREP Guidelines   | evidence that an internal     |
| 4 | credit,     | do not specify a  | exercise has been completed.  |
| * | when should | timeframe for     | It is therefore in the best   |
| * | it be       | completion of     | interest of the plan holder   |
|   | taken, on   | exercise          | to complete the documentation |
|   | what should | documentation and | as quickly as possible to     |
|   | it be       | recommended that  | demonstrate continuing        |
|   | based,      | a timeline be     | adherence to the three-year   |
|   | credit for  | established,      | exercise cycle. Unless        |
|   | actual      | e.g., 30 day      | specific problems have arisen |
|   | responses,  | equipment         | from lack of timely           |
|   | adequacy of | deployment        | documentation, imposition of  |
|   | credit      | exercise, 60 days | a submission deadline appears |
|   | do          | SMT TTX.          | to be unnecessary.            |
|   | cumentation |                   | Nevertheless, The NSCC will   |
|   | (Appendix A |                   | propose a change to the PREP  |
|   | of the PREP |                   | Guidelines recommending that  |
|   | G           |                   | exercise documentation be     |
|   | uidelines). |                   | completed in a timely fashion |
|   |             |                   | (e.g. 30-60 days)             |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | Several           | Section 6002 of the Oil       |
| * | Deployment  | commentors        | Pollution Act requires that   |
| 1 | Exercises   | suggested that    | any Oil Spill Liability Trust |
| 5 | --          | PREP should       | Fund (OSLTF) monies for       |
| * | quantities  | provide access to | activities other than         |
| * | and types   | the Oil Spill     | emergency response be         |
|   | of          | Liability Trust   | provided in the individual    |
|   | equipment,  | Fund (OSLTF) to   | appropriations acts of each   |
|   | operating   | relieve high cost | of the federal agencies. To   |
|   | en          | of exercises on   | date, the agencies have not   |
|   | vironments, | small companies   | gained authorization for      |
|   | relation to | and to defray     | increased OSTLF funds without |
|   | planning    | cost of equipment | offset from existing agency   |
|   | strategies. | deployment        | operating funds. However, we  |
|   |             | exercises.        | will continue to explore      |
|   |             |                   | funding options to support    |
|   |             |                   | certain equipment deployment  |
|   |             |                   | evolutions associated with    |
|   |             |                   | both government-led and       |
|   |             |                   | industry-led area exercises.  |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | Several           | The CG is examining the issue |
| * | Deployment  | commentors        | to determine whether access   |
| 1 | Exercises   | expressed concern | to response contractor        |
| 6 | --          | that the USCG was | support during exercises can  |
| * | quantities  | not able to       | and should be made routine.   |
| * | and types   | contract an Oil   |                               |
|   | of          | Spill Removal     |                               |
|   | equipment,  | Organization      |                               |
|   | operating   | (OSRO) through    |                               |
|   | en          | its standard      |                               |
|   | vironments, | Basic Ordering    |                               |
|   | relation to | Agreement (BOA)   |                               |
|   | planning    | process for a     |                               |
|   | strategies. | recent exercise   |                               |
|   |             | in the Gulf of    |                               |
|   |             | Mexico. They      |                               |
|   |             | recommended that  |                               |
|   |             | the USCG modify   |                               |
|   |             | its BOA process   |                               |
|   |             | to allow USCG to  |                               |
|   |             | contract with an  |                               |
|   |             | OSRO for          |                               |
|   |             | equipment         |                               |
|   |             | deployment during |                               |
|   |             | exercises.        |                               |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | Two commentors    | We agree that the quality of  |
| * | Deployment  | recommended an    | and attention to equipment    |
| 1 | exercises   | increased         | deployment exercises has been |
| 7 | --          | requirement for   | inconsistent. The current     |
| * | quantities  | quantities and    | PREP Guidelines only require  |
| * | and types   | types of          | deployment of certain         |
|   | of          | equipment to be   | quantities of boom and        |
|   | equipment,  | deployed during   | skimmers. Equipment           |
|   | operating   | equipment         | deployments should include    |
|   | en          | deployment        | all auxiliary equipment       |
|   | vironments, | exercises.        | necessary to the effective    |
|   | relation to | Equipment         | operation of that equipment   |
|   | planning    | deployment        | in a real incident.           |
|   | strategies. | exercises should  | Additionally, to the maximum  |
|   |             | require           | extent practicable, equipment |
|   |             | deployment of     | deployments should be         |
|   |             | booms, skimmers,  | conducted to assess equipment |
|   |             | connection of all | condition, personnel          |
|   |             | the necessary     | capability, and planning      |
|   |             | hoses, operation  | strategy effectiveness.       |
|   |             | of transfer       |                               |
|   |             | pumps, connection | Therefore, The NSCC will      |
|   |             | to storage        | recommend changes to the      |
|   |             | devices and       | guidelines to provide more on |
|   |             | demonstration of  |                               |
|   |             | capability to     | Page 2-9 **Minimum of         |
|   |             | perform other     | Equipment for Deployment** to |
|   |             | relevant          | include: an introductory      |
|   |             | procedures        | statement to specify that     |
|   |             | including but not | equipment deployments should  |
|   |             | limited to        | include booms, skimmers and   |
|   |             | decanting, air    | all appropriate auxiliary     |
|   |             | monitoring, and   | equipment; adding fast water  |
|   |             | decontamination   | booms and skimmers to boom    |
|   |             | procedures. One   | and skimmer types, and adding |
|   |             | commentor         | specific minimum spill        |
|   |             | suggested that no | countermeasures requirements  |
|   |             | further           | (e.g., dispersant, in situ    |
|   |             | definition of     | burning, and bioremediation)  |
|   |             | scope and scale   | and hazardous substance       |
|   |             | of equipment      | equipment type list.          |
|   |             | deployment        |                               |
|   |             | exercises is      |                               |
|   |             | necessary. Two    |                               |
|   |             | commentors        |                               |
|   |             | recommended that  |                               |
|   |             | the PREP          |                               |
|   |             | Guidelines be     |                               |
|   |             | amended to        |                               |
|   |             | specify fast      |                               |
|   |             | water equipment   |                               |
|   |             | deployment        |                               |
|   |             | requirements. One |                               |
|   |             | commentor         |                               |
|   |             | specifically      |                               |
|   |             | opposed a fast    |                               |
|   |             | water equipment   |                               |
|   |             | deployment        |                               |
|   |             | requirement.      |                               |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | One commentor     | The equipment deployment      |
| * | Deployment  | pointed out that  | exercise is only one element  |
| 1 | Exercises   | the PREP          | in an overall program of      |
| 8 | --          | Guidelines state  | ensuring equipment and        |
| * | quantities  | that "The         | personnel preparedness. Along |
| * | and types   | equipment (for    | with equipment deployment     |
|   | of          | equipment         | exercises, each plan holder   |
|   | equipment,  | deployment        | is expected to ensure their   |
|   | operating   | exercises) should | OSROs engage in personnel     |
|   | en          | be selected...    | training, periodic equipment  |
|   | vironments, | with the ultimate | maintenance, and use of       |
|   | relation to | goal of           | equipment during actual spill |
|   | planning    | eventually        | response. This plan holder    |
|   | strategies. | exercising all of | oversight results in all      |
|   |             | the OSRO's        | required equipment and        |
|   |             | equipment and     | personnel being deployed or   |
|   |             | personnel." The   | at least determined           |
|   |             | commentor urged   | operational at least once     |
|   |             | that the          | every three years.            |
|   |             | statement include |                               |
|   |             | a time frame      |                               |
|   |             | during which an   |                               |
|   |             | OSRO would        |                               |
|   |             | exercise all      |                               |
|   |             | equipment and     |                               |
|   |             | personnel under   |                               |
|   |             | their control     |                               |
|   |             | (e.g., at least   |                               |
|   |             | once every three  |                               |
|   |             | years).           |                               |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | One commentor     | A fundamental purpose of the  |
| * | Deployment  | suggested that    | equipment deployment exercise |
| 1 | Exercises   | the PREP          | is to verify that response    |
| 9 | --          | Guidelines be     | equipment is being maintained |
| * | quantities  | amended to reduce | in good working order and     |
| * | and types   | equipment         | that personnel responsible    |
|   | of          | deployment        | for deployment are competent  |
|   | equipment,  | exercise          | to do so. The semi-annual     |
|   | operating   | requirements for  | equipment deployment          |
|   | en          | facility owned    | frequency for facility-owned  |
|   | vironments, | equipment to once | equipment was based on the    |
|   | relation to | per year to be    | assumption that the equipment |
|   | planning    | consistent with   | would be stored at the        |
|   | strategies. | OSRO owned        | facility and would only be    |
|   |             | equipment         | deployed twice per year       |
|   |             | requirements.     | unless an emergency occurs.   |
|   |             |                   | The semi-annual equipment     |
|   |             |                   | deployment ensures that the   |
|   |             |                   | equipment is maintained in    |
|   |             |                   | good working order and that   |
|   |             |                   | deployment personnel remain   |
|   |             |                   | competent. OSRO-owned         |
|   |             |                   | equipment is only exercised   |
|   |             |                   | once per year because that    |
|   |             |                   | equipment is used routinely   |
|   |             |                   | for response throughout the   |
|   |             |                   | year and deployment personnel |
|   |             |                   | engage in deployment          |
|   |             |                   | activities as a regular part  |
|   |             |                   | of their jobs.                |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | One commentor     | The equipment deployment      |
| * | Deployment  | expressed concern | requirements in the PREP      |
| 2 | Exercises   | that the minimum  | Guidelines are intended to    |
| 0 | --          | amount of         | establish reasonable minimums |
| * | quantities  | equipment         | which would enable            |
| * | and types   | required to be    | preparedness evaluation. In   |
|   | of          | deployed in the   | cases where a facility's or   |
|   | equipment,  | PREP Guidelines   | vessel's approved plan        |
|   | operating   | was too           | includes lesser equipment     |
|   | en          | prescriptive.     | amounts, only those lesser    |
|   | vironments, | Boom should be a  | amounts need to be exercised. |
|   | relation to | "representative   | The NSCC will propose changes |
|   | planning    | sample" rather    | to the guidelines to clarify  |
|   | strategies. | than 1000 ft. The | this issue.                   |
|   |             | commentor was     |                               |
|   |             | concerned that    |                               |
|   |             | some plan holders |                               |
|   |             | may need less     |                               |
|   |             | than 1000 feet of |                               |
|   |             | boom to meet      |                               |
|   |             | their response    |                               |
|   |             | requirements.     |                               |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | One commentor     | While it is true that the     |
| * | Deployment  | stated that there | PREP Guidelines do not        |
| 2 | Exercises   | is no provision   | include sanctions for failure |
| 1 | --          | in PREP for       | to comply with the program,   |
| * | quantities  | holding plan      | the regulations of each of    |
| * | and types   | holders           | the four oversight agencies   |
|   | of          | accountable for   | do. The individual agency     |
|   | equipment,  | exercising their  | regulations allow plan        |
|   | operating   | equipment. One    | holders to cite adherence to  |
|   | en          | commentor         | PREP in their plans as        |
|   | vironments, | suggested an      | evidence of having an         |
|   | relation to | appropriate       | adequate exercise program. If |
|   | planning    | sanction might be | a plan holder asserts         |
|   | strategies. | suspension of the | compliance with PREP in a     |
|   |             | plan holder's     | response plan, but fails to   |
|   |             | operations until  | carry out all facets of the   |
|   |             | the particular    | PREP program that plan holder |
|   |             | problem is        | is subject to sanctions by    |
|   |             | resolved.         | the oversight agency. Under   |
|   |             |                   | the response plan             |
|   |             |                   | regulations, these sanctions  |
|   |             |                   | include, but are not limited  |
|   |             |                   | to civil penalties and        |
|   |             |                   | ordering suspension of vessel |
|   |             |                   | or facility operations        |
|   |             |                   |                               |
|   |             |                   | .                             |
+---+-------------+-------------------+-------------------------------+
| * | Equipment   | One commentor     | The PREP Guidelines currently |
| * | Deployment  | expressed concern | authorize OSROs to conduct    |
| 2 | Exercises   | that the PREP     | "regional equipment           |
| 2 | --          | Guidelines state  | deployment exercises". The    |
| * | quantities  | that "OSROs do    | regulatory agencies agree     |
| * | and types   | not have to       | that the concept of region is |
|   | of          | conduct equipment | imprecisely defined and will  |
|   | equipment,  | deployment        | propose a more precise        |
|   | operating   | exercises in each | definition in the draft       |
|   | en          | specific area of  | revision to the PREP          |
|   | vironments, | the various plan  | Guidelines.                   |
|   | relation to | holders they      |                               |
|   | planning    | cover." OSROs     | The equipment deployment      |
|   | strategies. | should be         | exercises does not focus on   |
|   |             | familiar with     | area familiarity. Plan        |
|   |             | geographic areas  | holders are responsible for   |
|   |             | in which they     | requiring the OSROs on which  |
|   |             | operate.          | they rely to be familiar with |
|   |             |                   | the specific geographic areas |
|   |             |                   | in which they operate. The    |
|   |             |                   | unannounced exercise program  |
|   |             |                   | intends to allow agencies to  |
|   |             |                   | verify that plan holders are  |
|   |             |                   | fulfilling that               |
|   |             |                   | responsibility.               |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | One commentor     | The NSCC concurs with this    |
| * | o           | offered a summary | comment.                      |
| 2 | bjectives - | description of    |                               |
| 3 | adequacy of | the overall       |                               |
| * | Appendix B  | intent of PREP.   |                               |
| * | of the PREP | PREP emphasizes   |                               |
|   | Guidelines. | the need for      |                               |
|   |             | go                |                               |
|   |             | vernment/industry |                               |
|   |             | cooperative       |                               |
|   |             | assessment of     |                               |
|   |             | response          |                               |
|   |             | capabilities.     |                               |
|   |             | While we          |                               |
|   |             | recognize the     |                               |
|   |             | need for the      |                               |
|   |             | government to     |                               |
|   |             | provide           |                               |
|   |             | regulatory        |                               |
|   |             | oversight as      |                               |
|   |             | well, oversight   |                               |
|   |             | programs should   |                               |
|   |             | not hamper the    |                               |
|   |             | cooperative       |                               |
|   |             | spirit and intent |                               |
|   |             | of the original   |                               |
|   |             | guidelines.       |                               |
|   |             | Government and    |                               |
|   |             | industry should   |                               |
|   |             | be more           |                               |
|   |             | interested in the |                               |
|   |             | lessons learned   |                               |
|   |             | from exercises    |                               |
|   |             | and in            |                               |
|   |             | cooperative       |                               |
|   |             | implementation of |                               |
|   |             | substantive       |                               |
|   |             | lessons learned   |                               |
|   |             | rather than       |                               |
|   |             | focusing on how   |                               |
|   |             | many exercises    |                               |
|   |             | should be         |                               |
|   |             | required.         |                               |
+---+-------------+-------------------+-------------------------------+
| * | Exercise    | Several           | Appendix B provides a general |
| * | o           | commentors        | outline of important elements |
| 2 | bjectives - | recommended that  | to consider in an exercise,   |
| 4 | adequacy of | Appendix B of the | it is not intended to be      |
| * | Appendix B  | PREP Guidelines   | all-inclusive and should not  |
| * | of the PREP | be reviewed and   | be overly prescriptive.       |
|   | Guidelines  | validated or      | However, the NSCC will review |
|   |             | amended to        | the objectives in Appendix B  |
|   |             | include more      | in light of these comments    |
|   |             | appropriate       | and draft recommended changes |
|   |             | exercise          | to the PREP guidelines if     |
|   |             | objectives.       | appropriate.                  |
|   |             | Appendix B        |                               |
|   |             | includes the core |                               |
|   |             | components of a   |                               |
|   |             | response plan.    |                               |
|   |             | Specific          |                               |
|   |             | recommendations   |                               |
|   |             | included change   |                               |
|   |             | objective         |                               |
|   |             | numbering so that |                               |
|   |             | sub objectives    |                               |
|   |             | can be easily     |                               |
|   |             | identified,       |                               |
|   |             | eliminate or      |                               |
|   |             | modify objectives |                               |
|   |             | which only apply  |                               |
|   |             | to facility plan  |                               |
|   |             | holders and       |                               |
|   |             | reconcile         |                               |
|   |             | differences in    |                               |
|   |             | description of    |                               |
|   |             | response          |                               |
|   |             | management system |                               |
|   |             | concepts between  |                               |
|   |             | the National Oil  |                               |
|   |             | and Hazardous     |                               |
|   |             | Substances        |                               |
|   |             | Contingency Plan  |                               |
|   |             | (NCP) and the     |                               |
|   |             | Field Operations  |                               |
|   |             | Guide (FOG)       |                               |
|   |             | published by the  |                               |
|   |             | USCG.             |                               |
+---+-------------+-------------------+-------------------------------+
| * | Government- | One commentor     | The PREP Guidelines do        |
| * | initiated   | recommended that  | require a plan holder to      |
| 2 | Unannounced | the               | fully implement its plan to   |
| 5 | Exercises   | gov               | respond to a specified spill  |
| * | -- number,  | ernment-initiated | scenario (e.g. average most   |
| * | scope,      | unannounced       | probable discharge as         |
|   | credit      | exercises require | specified by the exercising   |
|   | issues,     | planholder        | agency.) As described in      |
|   | possible    | personnel to      | previous responses, the       |
|   | sanctions   | implement a full  | unannounced exercise is an    |
|   | for         | response to a     | element of regulatory         |
|   | uns         | specific scenario | oversight and therefore must  |
|   | atisfactory | contained in the  | remain flexible to            |
|   | planholder  | plan.             | accommodate each of the       |
|   | p           |                   | federal agencies.             |
|   | erformance. |                   |                               |
+---+-------------+-------------------+-------------------------------+
| * | Government- | One commentor     | Testing of shoreline          |
| * | initiated   | suggested that    | protection strategies should  |
| 2 | Unannounced | unannounced       | be an integral part of        |
| 6 | Exercises   | exercises should  | equipment deployment          |
| * | -- number,  | include exercise  | exercises done in conjunction |
| * | scope,      | of shoreline      | with area and SMT exercises.  |
|   | credit      | protection        | The critical factor in        |
|   | issues,     | requirements.     | shoreline protection is       |
|   | possible    |                   | whether the selected          |
|   | sanctions   |                   | strategies (as established in |
|   | for         |                   | area contingency plans) are   |
|   | uns         |                   | feasible and practicable      |
|   | atisfactory |                   | given local geographic and    |
|   | planholder  |                   | oceanographic conditions. It  |
|   | p           |                   | may be appropriate to add     |
|   | erformance. |                   | greater specificity regarding |
|   |             |                   | equipment deployment          |
|   |             |                   | exercises to encourage or     |
|   |             |                   | require that they include     |
|   |             |                   | shoreline protection strategy |
|   |             |                   | testing. See proposed changes |
|   |             |                   | to the draft PREP Guidelines. |
+---+-------------+-------------------+-------------------------------+
| * | Governmen   | One commentor     | In accordance with both CG    |
| * | t-initiated | requested         | and EPA response plan         |
| 2 | Unannounced | clarification of  | regulations, containment boom |
| 7 | Exercises   | the intent of     | and the means to deploy and   |
| * | -- number,  | PREP related to   | anchor that boom must be at   |
| * | scope,      | EPA and USCG      | the spill site within one     |
|   | credit      | gov               | hour. Oil recovery devices    |
|   | issues,     | ernment-initiated | and storage capacity must be  |
|   | possible    | unannounced       | at the spill site within 2    |
|   | sanctions   | exercises.        | hours. The regulation does    |
|   | for         | Specifically,     | not prescribe a time by which |
|   | uns         | does timely       | deployment must be completed. |
|   | atisfactory | response to an    | However, for exercise         |
|   | planholder  | average most      | purposes a reasonable person  |
|   | p           | probable          | can expect that boom          |
|   | erformance. | discharge         | deployment would commence     |
|   |             | exercise mean     | upon arrival and would be     |
|   |             | that the          | completed approximately       |
|   |             | equipment needs   | coincident with the arrival   |
|   |             | to be on scene    | of skimmers and storage       |
|   |             | within one hour   | capacity so that recovery     |
|   |             | or deployed and   | operations should begin       |
|   |             | operating within  | within 2 hours of             |
|   |             | one hour? The     | notification. Note that these |
|   |             | commentor was     | response planning standards   |
|   |             | concerned that it | are established in the        |
|   |             | would be          | regulatory regimes            |
|   |             | difficult, if not | implemented by each of the    |
|   |             | impossible for    | individual agencies and are   |
|   |             | planholders to    | outside the purview of the    |
|   |             | have equipment    | PREP program.                 |
|   |             | operating in one  |                               |
|   |             | hour. If          |                               |
|   |             | planholders       |                               |
|   |             | cannot possibly   |                               |
|   |             | achieve the       |                               |
|   |             | response planning |                               |
|   |             | standards then    |                               |
|   |             | maybe the         |                               |
|   |             | standards are     |                               |
|   |             | unfair or         |                               |
|   |             | inappropriate.    |                               |
+---+-------------+-------------------+-------------------------------+
| * | Government- | Several           | Unannounced exercises play a  |
| * | initiated   | commentors stated | key role in allowing federal  |
| 2 | Unannounced | that all 4        | agencies to continually       |
| 8 | Exercises   | agencies should   | assess preparedness. The      |
| * | -- number,  | adopt a single    | unannounced exercise is a     |
| * | scope,      | unannounced       | primary tool in demonstrating |
|   | credit      | exercise standard | that the plan holders and     |
|   | issues,     | and increase the  | their OSROs in a given area   |
|   | possible    | number of         | are ready and able to carry   |
|   | sanctions   | gov               | out responses to which they   |
|   | for         | ernment-initiated | are committed. Each of the    |
|   | uns         | unannounced       | agencies has adopted an       |
|   | atisfactory | exercises         | unannounced exercise program  |
|   | planholder  | conducted         | that fits best its overall    |
|   | p           | annually.         | regulatory enforcement and    |
|   | erformance. | Government        | oversight regime. We believe  |
|   |             | agencies should   | that the 100 + unannounced    |
|   |             | coordinate        | exercises the four federal    |
|   |             | unannounced       | agencies conduct on a yearly  |
|   |             | exercises so that | basis coupled with the        |
|   |             | each plan holder  | 1,000's of actual spill       |
|   |             | participates in 1 | responses we participate in   |
|   |             | unannounced       | generally provide ample       |
|   |             | exercise every 3  | opportunity to conduct        |
|   |             | years.            | continuing assessment of plan |
|   |             |                   | holder/OSRO capabilities in   |
|   |             |                   | the US. However, there is a   |
|   |             |                   | disparity in the number of    |
|   |             |                   | plan holders from area to     |
|   |             |                   | area. Some areas have less    |
|   |             |                   | than 20 plan holders while    |
|   |             |                   | other areas have several      |
|   |             |                   | hundred plan holders. Because |
|   |             |                   | EPA's planning area is so     |
|   |             |                   | large geographically compared |
|   |             |                   | to the USCG, the current      |
|   |             |                   | number of government-         |
|   |             |                   | initiated unannounced         |
|   |             |                   | exercises in the PREP         |
|   |             |                   | Guidelines may not allow for  |
|   |             |                   | an appropriate level of       |
|   |             |                   | oversight in areas that have  |
|   |             |                   | high numbers of plan holders. |
|   |             |                   | Therefore, The NSCC will      |
|   |             |                   | propose a change to the PREP  |
|   |             |                   | Guidelines authorizing EPA to |
|   |             |                   | conduct government-initiated  |
|   |             |                   | unannounced exercises with up |
|   |             |                   | to 10% of the plan holders in |
|   |             |                   | a given area in any one year. |
|   |             |                   | The number of Coast Guard     |
|   |             |                   | conducted unannounced         |
|   |             |                   | exercises will remain the     |
|   |             |                   | same, four per area per year  |
|   |             |                   | MMS and OPS                   |
|   |             |                   | government-initiated          |
|   |             |                   | unannounced exercise          |
|   |             |                   | frequency will not change.    |
|   |             |                   | The agencies are committed to |
|   |             |                   | coordinating unannounced      |
|   |             |                   | exercises to avoid            |
|   |             |                   | duplication.                  |
+---+-------------+-------------------+-------------------------------+
| * | Government- | Two commentors    | The PREP Guidelines           |
| * | initiated   | requested         | acknowledge that each of the  |
| 2 | Unannounced | clarification of  | regulatory agencies will use  |
| 9 | Exercises   | the exercising    | government-initiated          |
| * | -- number,  | agency's options  | unannounced exercises         |
| * | scope,      | if a plan holder  | described in the guidelines   |
|   | credit      | does not perform  | as one of their tools in      |
|   | issues,     | satisfactorily    | providing regulatory          |
|   | possible    | during a          | oversight.                    |
|   | sanctions   | government-       |                               |
|   | for         | initiated         | Failure to fully meet the     |
|   | uns         | unannounced       | exercise objectives during an |
|   | atisfactory | exercise?         | unannounced exercise is       |
|   | planholder  |                   | addressed by the agency and   |
|   | p           |                   | the specific plan holder. A   |
|   | erformance. |                   | variety of options are        |
|   |             |                   | available to the agency       |
|   |             |                   | including, but not limited    |
|   |             |                   | to, requiring the plan holder |
|   |             |                   | to repeat the exercise,       |
|   |             |                   | requiring response plan       |
|   |             |                   | changes within a specified    |
|   |             |                   | timeframe, ordering           |
|   |             |                   | suspension of plan holder     |
|   |             |                   | operations, etc. Unannounced  |
|   |             |                   | exercises are one of the      |
|   |             |                   | primary enforcement tools     |
|   |             |                   | envisioned by the Oil         |
|   |             |                   | Pollution Act of 1990 and     |
|   |             |                   | these enforcement options     |
|   |             |                   | exist whether the plan holder |
|   |             |                   | participates in PREP or not.  |
|   |             |                   |                               |
|   |             |                   | Credit for                    |
|   |             |                   | government-initiated          |
|   |             |                   | unannounced exercise will not |
|   |             |                   | be granted by the exercising  |
|   |             |                   | agency until the plan holder  |
|   |             |                   | has demonstraed they can meet |
|   |             |                   | or exceed the objectives of   |
|   |             |                   | the exercise. The exercise    |
|   |             |                   | objectives include "timely"   |
|   |             |                   | deployment of equipment       |
|   |             |                   | specified in each agency's    |
|   |             |                   | response planning             |
|   |             |                   | regulations. Plan holders     |
|   |             |                   | that do not satisfactorily    |
|   |             |                   | complete the exercise may     |
|   |             |                   | have to conduct additional    |
|   |             |                   | exercises to demonstrate      |
|   |             |                   | compliance with the response  |
|   |             |                   | planning regulation. The act  |
|   |             |                   | of participating in the       |
|   |             |                   | exercise is not sufficient;   |
|   |             |                   | successful achievement of the |
|   |             |                   | stated objectives is the      |
|   |             |                   | goal.                         |
+---+-------------+-------------------+-------------------------------+
| * | Hazardous   | Several           | ###### The NSCC               |
| * | Substance   | commentors        |  concurs. The sense of the pa |
| 3 | Exercises   | supported         | rticipants in the process sin |
| 0 | --          | inclusion of      | ce its inception in 1993 has  |
| * | consistency | hazardous         | been that hazardous material  |
| * | with PREP   | material exercise | exercise requirements should  |
|   | Guidelines. | requirements in   | mirror oil requirements to th |
|   |             | the PREP          | e maximum extent practicable. |
|   |             | Guidelines to     |  For example, this includes r |
|   |             | ensure they are   | ecognition that if a plan hol |
|   |             | as compatible     | der uses the same spill manag |
|   |             | with the oil      | ement team for both oil and h |
|   |             | exercise          | azardous substance response t |
|   |             | requirements as   | hat team need only be exercis |
|   |             | possible.         | ed once each year. It also re |
|   |             | Commentors        | cognizes that seaparate equip |
|   |             | recommend that    | ment deployment exercises wil |
|   |             | hazardous         | l be required for hazardous s |
|   |             | material exercise | ubstance specific equipment.  |
|   |             | requirements      |                               |
|   |             | consider several  | Currently, only the CG is     |
|   |             | issues including: | proposing HAZSUB response     |
|   |             |                   | plan and exercise             |
|   |             | -   Whether       | requirements under Federal    |
|   |             |     twice/yr      | Water Pollution Control Act   |
|   |             |     equipment     | and the Oil Pollution Act of  |
|   |             |     deployment    | 1990. While the PREP          |
|   |             |     exercises of  | guidelines are not intended   |
|   |             |     facility      | to constrain HAZSUB exercises |
|   |             |     owned         | in place under other          |
|   |             |     hazardous     | statutes, every effort will   |
|   |             |     material      | be made to recognize and give |
|   |             |     response      | credit for those existing     |
|   |             |     equipment is  | exercise programs.            |
|   |             |     warranted.    |                               |
|   |             |                   | The NSCC will consider all of |
|   |             | -   Will          | these issues in drafting      |
|   |             |     equipment     | proposed changes to the PREP  |
|   |             |     deployment    | Guidelines to incorporate     |
|   |             |     requirements  | hazardous material exercise   |
|   |             |     be different  | criteria.                     |
|   |             |     for different |                               |
|   |             |     chemicals?    |                               |
|   |             |                   |                               |
|   |             | -   The vessel    |                               |
|   |             |     hazardous     |                               |
|   |             |     substance     |                               |
|   |             |     rulemaking is |                               |
|   |             |     proceeding    |                               |
|   |             |     forward but   |                               |
|   |             |     the facility  |                               |
|   |             |     rule is being |                               |
|   |             |     delayed.      |                               |
|   |             |     Should        |                               |
|   |             |     exercise      |                               |
|   |             |     requirements  |                               |
|   |             |     for           |                               |
|   |             |     facilities in |                               |
|   |             |     PREP be       |                               |
|   |             |     delayed as    |                               |
|   |             |     well;         |                               |
|   |             |                   |                               |
|   |             | -   Cooperative   |                               |
|   |             |     public        |                               |
|   |             |     workshops     |                               |
|   |             |     should be     |                               |
|   |             |     held to draft |                               |
|   |             |     and finalize  |                               |
|   |             |     PREP          |                               |
|   |             |     hazardous     |                               |
|   |             |     material      |                               |
|   |             |     language.     |                               |
|   |             |                   |                               |
|   |             | -   Boom exercise |                               |
|   |             |     requirements  |                               |
|   |             |     should be     |                               |
|   |             |     determined    |                               |
|   |             |     based on      |                               |
|   |             |     chemical      |                               |
|   |             |                   |                               |
|   |             |  characteristics. |                               |
|   |             |                   |                               |
|   |             | -   Number and    |                               |
|   |             |     types of      |                               |
|   |             |     exercises an  |                               |
|   |             |     individual    |                               |
|   |             |     plan holder   |                               |
|   |             |     is required   |                               |
|   |             |     to undertake  |                               |
|   |             |     should be     |                               |
|   |             |     dependent     |                               |
|   |             |     upon the      |                               |
|   |             |     types of      |                               |
|   |             |     chemical      |                               |
|   |             |     included in   |                               |
|   |             |     the plan.     |                               |
|   |             |                   |                               |
|   |             | -   Oil response  |                               |
|   |             |     plan holders  |                               |
|   |             |     who handle    |                               |
|   |             |     chemicals     |                               |
|   |             |     should not be |                               |
|   |             |     required to   |                               |
|   |             |     duplicate     |                               |
|   |             |     exercises as  |                               |
|   |             |     long as they  |                               |
|   |             |     rely on       |                               |
|   |             |     substantially |                               |
|   |             |     the same      |                               |
|   |             |     spill         |                               |
|   |             |     management    |                               |
|   |             |     team          |                               |
|   |             |     structure,    |                               |
|   |             |     response      |                               |
|   |             |     procedures    |                               |
|   |             |     and response  |                               |
|   |             |     equipment.    |                               |
+---+-------------+-------------------+-------------------------------+
| * | Lessons     | Several           | Concur that capturing,        |
| * | learned --  | commentors stated | sharing, and acting upon      |
| 3 | methods for | that capturing    | lessons learned are           |
| 1 | capturing   | and sharing       | fundamental to exercise       |
| * | and         | lessons learned   | success. The CG has           |
| * | sharing,    | is important.     | established a database at     |
|   | tracking    | They would like   | [www.cgsails.uscg.mil](h      |
|   | impl        | to have Internet  | ttp://www.cgsails.uscg.mil/), |
|   | ementation, | access to agency  | which is accessible to the    |
|   | ties        | PREP databases.   | general public. All NSCC      |
|   | between     | They recommended  | agencies are aware of, and    |
|   | imp         | more effort on    | may use this system at their  |
|   | lementation | part of           | discretion. The National      |
|   | and credit. | regulators, plan  | Response Team is examining    |
|   |             | holders, and      | this system for broader       |
|   |             | stakeholders to   | application. The site allows  |
|   |             | develop a method  | both government and industry  |
|   |             | of capturing and  | plan holders to input lessons |
|   |             | sharing lessons   | learned from any exercise in  |
|   |             | learned. This     | which they participate. It    |
|   |             | should include a  | also allows interested        |
|   |             | means to collect  | persons to review and learn   |
|   |             | and distribute    | from all lessons learned in   |
|   |             | lessons learned   | the system. Additionally,     |
|   |             | throughout the    | PREP related information      |
|   |             | response          | including Area Exercise       |
|   |             | community.        | Schedules are made available  |
|   |             |                   | through the Federal Register  |
|   |             |                   | and individual NSCC agency    |
|   |             |                   | websites.                     |
+---+-------------+-------------------+-------------------------------+
| * | Lessons     | Two commentors    | Concur. Not all lessons       |
| * | learned --  | expressed concern | learned will result in        |
| 3 | methods for | about proposals   | changes to a specific plan.   |
| 2 | capturing   | to require all    | However, it is important that |
| * | and         | lessons learned   | all lessons learned be        |
| * | sharing,    | to be             | annotated with specific       |
|   | tracking    | incorporated in a | corrective actions to be      |
|   | impl        | plan prior to     | taken based on those lessons, |
|   | ementation, | awarding exercise | such as additional training   |
|   | ties        | credit. They      | needed, equipment restock or  |
|   | between     | argued that it is | repair.                       |
|   | imp         | not realistic to  |                               |
|   | lementation | expect that all   |                               |
|   | and credit. | lessons learned   |                               |
|   |             | will result in    |                               |
|   |             | changes to a plan |                               |
|   |             | or should even    |                               |
|   |             | impact approval   |                               |
|   |             | of that plan.     |                               |
+---+-------------+-------------------+-------------------------------+
| * | Lessons     | One commentor     | ### I                         |
| * | learned --  | suggested that    | mplementation of lessons lear |
| 3 | methods for | exercise          | ned is a critical element of  |
| 3 | capturing   | evaluations must  | the preparedness cycle of pla |
| * | and         | include a         | nning, exercise, evaluation a |
| * | sharing,    | schedule for      | nd improvement. Government ag |
|   | tracking    | addressing        | encies have the opportunity t |
|   | impl        | lessons learned.  | o monitor plan holder adoptio |
|   | ementation, | Exercise credit   | n of changes based on lessons |
|   | ties        | should be         |  learned through periodic rev |
|   | between     | withheld until    | iew of plan holders' plans an |
|   | imp         | the lessons       | d exercise records. The respo |
|   | lementation | learned are       | nse community has the opportu |
|   | and credit. | implemented in    | nity to review implementation |
|   |             | accordance with   |  of lessons learned related t |
|   |             | the schedule.     | o Area Contingency plans thro |
|   |             |                   | ugh the area committee proces |
|   |             |                   | s. We consider these to provi |
|   |             |                   | de adequate opportunity, in c |
|   |             |                   | onjunction with other oversig |
|   |             |                   | ht tools (see #11), for the g |
|   |             |                   | overnment to monitor implemen |
|   |             |                   | tation of lessons learned and |
|   |             |                   |  enhancement of preparedness. |
+---+-------------+-------------------+-------------------------------+
| * | Spill       | One commentor     | Regarding the issue of        |
| * | Management  | stated that the   | participation in SMT          |
| 3 | Team (SMT)  | PREP Guidelines   | exercises, the PREP           |
| 4 | Exercises   | authorize the     | Guidelines (pages 2-4 and     |
| * | -- number,  | conduct of a      | 2-5) are clear that the       |
| * | who         | single spill      | exercise should focus on the  |
|   | pa          | management team   | spill management team itself, |
|   | rticipates, | (SMT) exercise to | with inputs from the plan     |
|   | where they  | satisfy the       | holders. Spill management     |
|   | are held,   | requirement for   | teams who represent multiple  |
|   | government  | multiple plan     | plan holders are authorized   |
|   | pa          | holders. Many     | to conduct exercises for      |
|   | rticipation | SMTs conduct      | multiple plan holders as long |
|   | in, who     | these exercises   | as the core management        |
|   | credits.    | overseas to       | procedures employed by the    |
|   |             | accommodate       | SMT are common to all plan    |
|   |             | foreign-based     | holders. In designing these   |
|   |             | planholder        | exercises, the SMT must       |
|   |             | participation.    | ensure it is familiar with    |
|   |             | The commentor     | each response plan for which  |
|   |             | recommended that  | they are responsible,         |
|   |             | the PREP          | including specific spill      |
|   |             | Guidelines be     | scenarios identified in each  |
|   |             | changed to        | plan as well as specific      |
|   |             | specify           | operations of each of the     |
|   |             | conditions under  | vessels/facilities covered by |
|   |             | which these       | those plans.                  |
|   |             | exercises should  |                               |
|   |             | be conducted,     | The PREP Guidelines           |
|   |             | including:        | recognized that it may not be |
|   |             |                   | practicable to require an SMT |
|   |             | -   60 day        | to conduct a separate         |
|   |             |     advance       | exercise each year for every  |
|   |             |     notice to the | vessel covered by a plan, and |
|   |             |     oversight     | especially not for every port |
|   |             |     federal and   | in which every                |
|   |             |     state agency  | vessel/facility listed in a   |
|   |             |                   | plan may operate. It also     |
|   |             | -   approval of   | recognized that if an SMT     |
|   |             |     the exercise  | represents multiple plan      |
|   |             |     plan in       | holders, then it makes sense  |
|   |             |     advance by    | for those plan holders to     |
|   |             |     the oversight | take credit for a single      |
|   |             |     agency based  | exercise, which addresses the |
|   |             |     on review of  | core component issues in      |
|   |             |     exercise      | their plans. Plan holders     |
|   |             |     objectives    | should provide oversight to   |
|   |             |     and           | these exercises, to ensure    |
|   |             |     evaluation    | that the planning and         |
|   |             |     criteria      | response management           |
|   |             |                   | procedures implemented by the |
|   |             | -   All           | SMT satisfy their             |
|   |             |     participating | preparedness needs. Direct    |
|   |             |     plan holders' | participation as players in   |
|   |             |     plans should  | these exercises by every plan |
|   |             |     clearly       | holder and vessel             |
|   |             |     identify that | master/facility manager is    |
|   |             |     the SMT and   | not required unless they are  |
|   |             |     response      | specifically designated as    |
|   |             |     management    | members of the spill          |
|   |             |     organizations | management team.              |
|   |             |     are separate  |                               |
|   |             |     from the      |                               |
|   |             |                   |                               |
|   |             |   facility/vessel |                               |
|   |             |     operations.   |                               |
+---+-------------+-------------------+-------------------------------+
| * | Status of   | Several           | Outstanding issues from the   |
| * | actions     | commentors        | 1997 Workshop are addressed   |
| 3 | following   | suggested that    | in this document.             |
| 5 | the 1997    | outstanding       |                               |
| * | PREP        | issues from the   | -   The Administrative        |
| * | workshop.   | 1997 PREP         |     Procedures Act makes it   |
|   |             | workshop need to  |     difficult to establish a  |
|   |             | be addressed,     |     government/non-government |
|   |             | including:        |     steering committee        |
|   |             |                   |     because this could be     |
|   |             | -                 |     construed as an advisory  |
|   |             |    Recommendation |     group. The four agencies  |
|   |             |     to establish  |     are committed to          |
|   |             |     a steering    |     maintaining PREP as a     |
|   |             |     committee     |     cooperative venture with  |
|   |             |     with          |     the entire response       |
|   |             |                   |     community using the       |
|   |             |    non-government |     Federal Register to       |
|   |             |                   |     publish annual exercise   |
|   |             |    participation. |     schedule updates and      |
|   |             |                   |     frequent public meetings  |
|   |             | ```{=html}        |     to ensure continuous      |
|   |             | <!-- -->          |     process assessment.       |
|   |             | ```               |                               |
|   |             | -                 | -   Worst case discharge is   |
|   |             |    Recommendation |     defined in each agency's  |
|   |             |     to consider   |     regulations and as such   |
|   |             |     changing      |     can not be amended        |
|   |             |     definition of |     through the PREP program. |
|   |             |     worst case    |                               |
|   |             |     discharge for | -   Concur that on-going      |
|   |             |     purposes of   |     assessment of PREP is     |
|   |             |     PREP.         |     essential to ensuring its |
|   |             |                   |     continuing viability.     |
|   |             | ```{=html}        |     EPA, USCG, OPS, and MMS   |
|   |             | <!-- -->          |     are committed to frequent |
|   |             | ```               |     workshops (at least       |
|   |             | -                 |     biennially).              |
|   |             |    Recommendation |                               |
|   |             |     that periodic | -   Workshop announcements    |
|   |             |     PREP          |     are distributed to states |
|   |             |     Workshops be  |     either directly or        |
|   |             |     held.         |     through regional or area  |
|   |             |                   |     planning committees.      |
|   |             | ```{=html}        |     Experience has            |
|   |             | <!-- -->          |     demonstrated that         |
|   |             | ```               |     workshop location has had |
|   |             | -                 |     little impact on state    |
|   |             |    Recommendation |     participation.            |
|   |             |     that future   |                               |
|   |             |     workshops be  | ```{=html}                    |
|   |             |     held in       | <!-- -->                      |
|   |             |     various       | ```                           |
|   |             |     locations     | -   Government participation  |
|   |             |     around the    |     in industry-led exercises |
|   |             |     country to    |     must be balanced with the |
|   |             |     encourage     |     need to maintain          |
|   |             |     state         |     preparedness for a broad  |
|   |             |     involvement.  |     range of emergencies and  |
|   |             |                   |     interested parties. This  |
|   |             | -                 |     was a fundamental tenet   |
|   |             |    Recommendation |     of the original PREP      |
|   |             |     to consider   |     Guidelines and the        |
|   |             |     changing the  |     primary reason that PREP  |
|   |             |     mix of        |     relies largely on         |
|   |             |                   |     internally directed and   |
|   |             |    government-led |     certified exercises. This |
|   |             |     and           |     is also the reason that   |
|   |             |     industry-led  |     every effort should be    |
|   |             |     area          |     made to ensure that       |
|   |             |     exercises.    |     government-led area       |
|   |             |                   |     exercises involve as many |
|   |             |                   |     industry plan holders as  |
|   |             |                   |     possible either as        |
|   |             |                   |     participants or           |
|   |             |                   |     observers. Also,          |
|   |             |                   |     government plan holders   |
|   |             |                   |     are expected to rotate    |
|   |             |                   |     participation in industry |
|   |             |                   |     exercises among the full  |
|   |             |                   |     population of industry    |
|   |             |                   |     plan holders in an area.  |
+---+-------------+-------------------+-------------------------------+