[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Pages 28642-28664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13712]




[[Page 28641]]


_______________________________________________________________________

Part II

Environmental Protection Agency

Department of Transportation



Coast Guard



Research and Special Programs Administration



Department of the Interior



Minerals Management Service



Department of Labor



Occupational Safety and Health Administration



_______________________________________________________________________



The National Response Team's Integrated Contingency Plan Guidance; 
Notice

Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / 
Notices

[[Page 28642]]



ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TRANSPORTATION

Coast Guard
Research and Special Programs Administration

DEPARTMENT OF THE INTERIOR

Minerals Management Service

DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[FRL-5512-8]


The National Response Team's Integrated Contingency Plan Guidance

AGENCY: Environmental Protection Agency (EPA), U.S. Coast Guard (USCG), 
Minerals Management Service (MMS), Research and Special Programs 
Administration (RSPA), Occupational Safety and Health Administration 
(OSHA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency, as the chair of the 
National Response Team (NRT), is announcing the availability of the 
NRT's Integrated Contingency Plan Guidance (``one plan''). This 
guidance is intended to be used by facilities to prepare emergency 
response plans. The intent of the NRT is to provide a mechanism for 
consolidating multiple plans that facilities may have prepared to 
comply with various regulations into one functional emergency response 
plan or integrated contingency plan (ICP). This notice contains the 
suggested ICP outline as well as guidance on how to develop an ICP and 
demonstrate compliance with various regulatory requirements. The 
policies set out in this notice are intended solely as guidance.

ADDRESSES: Additional copies of this one-plan guidance can be obtained 
by writing to the following address: William Finan, U.S. Environmental 
Protection Agency, Mail Code 5101, 401 M Street SW, Washington, DC 
20460. Copies of the ICP Guidance are also available by calling the 
EPCRA/RCRA/Superfund Hotline at (800) 424-9346 (in the Washington, DC, 
metropolitan area, (703) 412-9810). In addition, this guidance is 
available electronically at the home page of EPA's Chemical Emergency 
Preparedness and Prevention Office (http://www.epa.gov/swercepp/).

FOR FURTHER INFORMATION CONTACT: William Finan, U.S. Environmental 
Protection Agency, Mail Code 5101, 401 M Street, SW., Washington, DC 
20460, at (202) 260-0030 (E-Mail <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="ed858280889d8c8a88c38e889d9d82ad889d8c808c8481c3889d8cc38a829bc0c09d81888c9e88">[email protected]</a> 
include ``one plan'' in the subject line). In addition, the EPCRA/RCRA/
Superfund Hotline can answer general questions about the guidance.
    For further information and guidance on complying with specific 
regulations, contact: for EPA's Oil Pollution Prevention Regulation: 
Bobbie Lively-Diebold, U.S. Environmental Protection Agency, Mail Code 
5203G, 401 M Street, SW., Washington, DC 20460, at (703) 356-8774 (E-
Mail Lively.B<a href="/cdn-cgi/l/email-protection#b4d5c6d6d5c6d5f4d1c4d5d9d5ddd89ad1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="c1a0b3a3a0b3a081a4b1a0aca0a8adefa4b1a0efa6aeb7">[email protected]</span></a>), or the SPCC Information Line at 
(202) 260-2342); for the U.S. Coast Guard's Facility Response Plan 
Regulation: LCDR Mark Hamilton, U.S. Coast Guard, Commandant (G-MOR), 
2100 2nd Street, SW., Washington, DC 20593, at 202-267-1983 (E-Mail 
M.Hamilton/<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="fabdd7b7cac9bab9bda9b7aeaad48f89999dd4979396">[email protected]</a>); for DOT/RSPA's Pipeline Response 
Plan Regulation: Jim Taylor, U.S. Department of Transportation, Room 
2335, 400 7th Street, SW., Washington, DC 20590 at (202) 366-8860 (E-
Mail <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="094659485d4c4844495b5a5948274d465d274e465f">[email protected]</a>); for pertinent OSHA regulations, contact 
either your Regional or Area OSHA office; for DOI/MMS' Facility 
Response Plan Regulation: Larry Ake, U.S. Department of the Interior--
Minerals Management Service, MS 4700, 381 Elden Street, Herndon, VA 
22070-4817 at (703) 787-1567 (E-Mail Larry__ <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7233191732213f26225c3f3f215c353d24">[email protected]</a>); for 
EPA's Risk Management Program Regulation: William Finan (see above); 
and for RCRA's Contingency Planning Requirements, contact the EPCRA/
RCRA/Superfund Hotline (see above).
    The NRT welcomes comments on specific implementation issues related 
to this guidance. Please provide us with information about the 
successful use of this guidance, about problems with using this 
guidance, as well as suggestions for improving the guidance. Send 
comments to William Finan (see above) or to any of the other people 
listed in the previous paragraph.

SUPPLEMENTARY INFORMATION:

Presidential Review Findings

    Section 112(r)(10) of the Clean Air Act required the President to 
conduct a review of federal release prevention, mitigation, and 
response authorities. The Presidential Review was delegated to EPA, in 
coordination with agencies and departments that are members of the 
National Response Team (NRT). The Presidential Review concluded that, 
while achieving its statutory goals to protect public safety and the 
environment, the current system is complex, confusing, and costly. It 
identified several key problem areas and recommended a second phase to 
address these issues. One of the issues identified by the Presidential 
Review is the multiple and overlapping federal requirements for 
facility emergency response plans.

NRT Policy Statement

    This one-plan guidance is intended to be used by facilities to 
prepare emergency response plans for responding to releases of oil and 
non-radiological hazardous substances. The intent of NRT is to provide 
a mechanism for consolidating multiple plans that facilities may have 
prepared to comply with various regulations into one functional 
emergency response plan or integrated contingency plan (ICP). A number 
of statutes and regulations, administered by several federal agencies, 
include requirements for emergency response planning. A particular 
facility may be subject to one or more of the following federal 
regulations:
    <bullet> EPA's Oil Pollution Prevention Regulation (SPCC and 
Facility Response Plan Requirements)--40 CFR part 112.7(d) and 112.20-
.21;
    <bullet> MMS's Facility Response Plan Regulation--30 CFR part 254;
    <bullet> RSPA's Pipeline Response Plan Regulation--49 CFR part 194;
    <bullet> USCG's Facility Response Plan Regulation--33 CFR part 154, 
Subpart F;
    <bullet> EPA's Risk Management Programs Regulation--40 CFR part 68;
    <bullet> OSHA's Emergency Action Plan Regulation--29 CFR 
1910.38(a);
    <bullet> OSHA's Process Safety Standard--29 CFR 1910.119;
    <bullet> OSHA's HAZWOPER Regulation--29 CFR 1910.120; and
    <bullet> EPA's Resource Conservation and Recovery Act Contingency 
Planning Requirements--40 CFR part 264, Subpart D, 40 CFR part 265, 
Subpart D, and 40 CFR 279.52.
    In addition, facilities may also be subject to state emergency 
response planning requirements that this guidance does not specifically 
address. Facilities are encouraged to coordinate development of their 
ICP with relevant state and local agencies to ensure compliance with 
any additional regulatory requirements.
    Individual agencies' planning requirements and plan review 
procedures are not changed by the advent of the ICP format option. This 
one-plan guidance has been developed

[[Page 28643]]

to assist facilities in demonstrating compliance with the existing 
federal emergency response planning requirements referenced above. 
Although it does not relieve facilities from their current obligations, 
it has been designed specifically to help meet those obligations. 
Adherence to this guidance is not required in order to comply with 
federal regulatory requirements. Facilities are free to continue 
maintaining multiple plans to demonstrate federal regulatory 
compliance; however, the NRT believes that an integrated plan prepared 
in accordance with this guidance is a preferable alternative.
    The NRT realizes that many existing regulations pertaining to 
contingency planning require review by a specific agency to determine 
compliance with applicable requirements. It is not the intent of the 
NRT to modify existing agency review procedures or to supersede the 
requirements of a regulation.
    This one-plan guidance was developed through a cooperative effort 
among numerous NRT agencies, state and local officials, and industry 
and community representatives. The NRT and the agencies responsible for 
reviewing and approving federal response plans to which the ICP option 
applies agree that integrated response plans prepared in the format 
provided in this guidance will be acceptable and be the federally 
preferred method of response planning. The NRT realizes that alternate 
formats for integrating multiple plans already exist and that others 
likely will be developed. Certain facilities may find those formats 
more desirable than the one proposed here. The NRT believes that a 
single functional plan is preferable to multiple plans regardless of 
the specific format chosen. While they are acceptable, other formats 
may not allow the same ease of coordination with external plans. In any 
case, whatever format a facility chooses, no individual NRT agency will 
require an integrated response planning format differing from the ICP 
format described here. The NRT anticipates that future development of 
all federal regulations addressing emergency response planning will 
incorporate use of the ICP guidance. Also, developers of state and 
local requirements will be encouraged to be consistent with this 
document.
    The ICP guidance does not change existing regulatory requirements; 
rather, it provides a format for organizing and presenting material 
currently required by the regulations. Individual regulations are often 
more detailed than the ICP guidance. To ensure full compliance, 
facilities should continue to read and comply with all of the federal 
regulations that apply to them. Furthermore, facilities submitting an 
ICP (in whatever format) for agency or department review will need to 
provide a cross-reference to existing regulatory requirements so that 
plan reviewers can verify compliance with these requirements. The 
guidance contains a series of matrices designed to assist owners and 
operators in consolidating various plans and documenting compliance 
with federal regulatory requirements. (See Attachments 2 and 3.) The 
matrices can be used as the basis for developing a cross-reference to 
various regulatory requirements.
    This guidance also provides a useful contingency planning template 
for owners and operators of facilities not subject to the federal 
regulations cited previously.

Integrated Contingency Plan Philosophy

    The ICP will minimize duplication in the preparation and use of 
emergency response plans at the same facility and will improve economic 
efficiency for both the regulated and regulating communities. Facility 
expenditures for the preparation, maintenance, submission, and update 
of a single plan should be much lower than for multiple plans.
    The use of a single emergency response plan per facility will 
eliminate confusion for facility first responders who often must decide 
which of their plans is applicable to a particular emergency. The 
guidance is designed to yield a highly functional document for use in 
varied emergency situations while providing a mechanism for complying 
with multiple agency requirements. Use of a single integrated plan 
should also improve coordination between facility response personnel 
and local, state, and federal emergency response personnel.
    The adoption of a standard plan format should facilitate 
integration of plans within a facility, in the event that large 
facilities may need to prepare separate plans for distinct operating 
units. The ICP concept should also allow coordination of facility plans 
with plans that are maintained by local emergency planning committees 
(LEPCs),<SUP>1 Area Committees,<SUP>2 co-operatives, and mutual aid 
organizations. In some cases, there are specific regulatory 
requirements to ensure that facility plans are consistent with external 
planning efforts. Industry use of this guidance along with active 
participation on local and Area Committees will improve the level of 
emergency preparedness and is therefore highly encouraged.
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    \1\ LEPC plans are developed by LEPCs in coordination with 
facility emergency response coordinators under section 303 of the 
Emergency Planning and Community Right-to-Know Act.
    \2\ Area Contingency Plans are developed by Area Committees 
pursuant to section 4202(a)(6) of the Oil Pollution Act of 1990 
(OPA).
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    In some areas, it may be possible to go beyond simple coordination 
of plans and actually integrate certain information from facility plans 
with corresponding areas of external plans. The adoption of a single, 
common ICP outline such as the one proposed in this guidance would 
facilitate a move toward integration of facility plans with local, 
state, and federal plans.
    The projected results described above will ultimately serve the 
mutual goal of the response community to more efficiently and 
effectively protect public health, worker safety, the environment, and 
property.

Scope

    This one-plan guidance is provided for any facility subject to 
federal contingency planning regulations and is also recommended for 
use by other facilities to improve emergency preparedness through 
planning. In this context, the term ``facility'' is meant to have a 
wide connotation and may include, but is not limited to, any mobile or 
fixed onshore or offshore building, structure, installation, equipment, 
pipe, or pipeline.
    Facility hazards need to be addressed in a comprehensive and 
coordinated manner. Accordingly, this guidance is broadly constructed 
to allow for facilities to address a wide range of risks in a manner 
tailored to the specific needs of the facility. This includes both 
physical and chemical hazards associated with events such as chemical 
releases, oil spills, fires, explosions, and natural disasters.

Organizational Concepts

    The ICP format provided in this one-plan guidance (See Attachment 
1) is organized into three main sections: an introductory section, a 
core plan, and a series of supporting annexes. It is important to note 
that the elements contained in these sections are not new concepts, but 
accepted emergency response activities that are currently addressed in 
various forms in existing contingency planning regulations. The goal of 
the NRT is not to create new planning requirements, but to provide a 
mechanism to consolidate existing concepts into a single functional 
plan structure. This approach would provide a consistent basis for 
addressing

[[Page 28644]]

emergency response concerns as it gains widespread use among 
facilities.
    The introduction section of the plan format is designed to provide 
facility response personnel, outside responders, and regulatory 
officials with basic information about the plan and the entity it 
covers. It calls for a statement of purpose and scope, a table of 
contents, information on the current revision date of the plan, general 
facility information, and the key contact(s) for plan development and 
maintenance. This section should present the information in a brief 
factual manner.
    The structure of the sample core plan and annexes in this guidance 
is based on the structure of the National Interagency Incident 
Management System (NIIMS) Incident Command System (ICS). NIIMS ICS is a 
nationally recognized system currently in use by numerous federal, 
state, and local organizations (e.g., some Area Committees under OPA). 
NIIMS ICS is a type of response management system that has been used 
successfully in a variety of emergency situations, including releases 
of oil or hazardous substances. NIIMS ICS provides a commonly 
understood framework that allows for effective interaction among 
response personnel. Organizing the ICP along the lines of the NIIMS ICS 
will allow the plan to dovetail with established response management 
practices, thus facilitating its ease of use during an emergency.
    The core plan is intended to contain essential response guidance 
and procedures. Annexes would contain more detailed supporting 
information on specific response management functions. The core plan 
should contain frequent references to the response critical annexes to 
direct response personnel to parts of the ICP that contain more 
detailed information on the appropriate course of action for responders 
to take during various stages of a response. Facility planners need to 
find the right balance between the amount of information contained in 
the core plan versus the response critical annexes (Annexes 1 through 
3). Information required to support response actions at facilities with 
multiple hazards will likely be contained in the annexes. Planners at 
facilities with fewer hazards may choose to include most if not all 
information in the core plan. Other annexes (e.g., Annexes 4 through 8) 
are dedicated to providing information that is non-critical at the time 
of a response (e.g., cross-references to demonstrate regulatory 
compliance and background planning information). Consistent with the 
goal of keeping the size of the ICP as manageable as practicable, it is 
not necessary for a plan holder to provide its field responders with 
all the compliance documentation (e.g., Annexes 4 through 8) that it 
submits to regulatory agencies. Similarly, it may not be necessary for 
a plan holder to submit all annexes to every regulatory agency for 
review.
    Basic headings are consistent across the core plan and annexes to 
facilitate ease of use during an emergency. These headings provide a 
comprehensive list of elements to be addressed in the core plan and 
response annexes and may not be relevant to all facilities. Planners 
should address those regulatory elements that are applicable to their 
particular facilities. Planners at facilities with multiple hazards 
will need to address most, if not all, elements included in this 
guidance. Planners at facilities with fewer hazards may not need to 
address certain elements. If planners choose to strictly adopt the ICP 
outline contained in this guidance but are not required by regulation 
to address all elements of the outline, they may simply indicate ``not 
applicable'' for those items where no information is provided. A more 
detailed discussion of the core plan and supporting annexes follows.

Core Plan

    The core plan is intended to reflect the essential steps necessary 
to initiate, conduct, and terminate an emergency response action: 
recognition, notification, and initial response, including assessment, 
mobilization, and implementation. This section of the plan should be 
concise and easy to follow. A rule of thumb is that the core plan 
should fit in the glovebox of a response vehicle. The core plan need 
not detail all procedures necessary under these phases of a response 
but should provide information that is time critical in the earliest 
stages of a response and a framework to guide responders through key 
steps necessary to mount an effective response. The response action 
section should be convenient to use and understandable at the 
appropriate skill level.
    The NRT recommends the use of checklists or flowcharts wherever 
possible to capture these steps in a concise easy-to-understand manner. 
The core plan should be constructed to contain references to 
appropriate sections of the supporting annexes for more detailed 
guidance on specific procedures. The NRT anticipates that for a large, 
complex facility with multiple hazards the annexes will contain a 
significant amount of information on specific procedures to follow. For 
a small facility with a limited number of hazard scenarios, the core 
plan may contain most if not all of the information necessary to carry 
out the response thus obviating the need for more detailed annexes. The 
checklists, depending on their size and complexity, can be in either 
the core or the support section.
    The core plan should reflect a hierarchy of emergency response 
levels. A system of response levels is commonly used in emergency 
planning for classifying emergencies according to seriousness and 
assigning an appropriate standard response or series of response 
actions to each level. Both complex and simple industrial facilities 
use a system of response levels for rapidly assessing the seriousness 
of an emergency and developing an appropriate response. This process 
allows response personnel to match the emergency and its potential 
impacts with appropriate resources and personnel. The concept of 
response levels should be considered in developing checklists or 
flowcharts designed to serve as the basis for the core plan. Note that 
for those facilities subject to planning requirements under OPA, 
response levels in the core plan may not necessarily correspond to 
discharge planning amounts (e.g., average most probable discharge, 
maximum most probable discharge, and worst case discharge).
    Facility owners and operators should determine appropriate response 
levels based on 1) the need to initiate time-urgent response actions to 
minimize or prevent unacceptable consequences to the health and safety 
of workers, the public, or the environment; and 2) the need to 
communicate critical information concerning the emergency to offsite 
authorities. The consideration and development of response levels 
should, to the extent practicable, be consistent with similar efforts 
that may have been taken by the LEPC, local Area Committee, or mutual 
aid organization. Response levels, which are used in communications 
with offsite authorities, should be fully coordinated and use 
consistent terminology.

Annexes

    The annexes are designed to provide key supporting information for 
conducting an emergency response under the core plan as well as 
document compliance with regulatory requirements not addressed 
elsewhere in the ICP. Annexes are not meant to duplicate information 
that is already contained in the core plan, but to augment core plan 
information. The annexes should relate to the basic

[[Page 28645]]

headings of the core plan. To accomplish this, the annexes should 
contain sections on facility information, notification, and a detailed 
description of response procedures under the response management system 
(i.e, command, operations, planning, logistics, and finance). The 
annexes should also address issues related to post accident 
investigation, incident history, written follow-up reports, training 
and exercises, plan critique and modification process, prevention, and 
regulatory compliance, as appropriate.
    The ICP format contained in this guidance is based on the NIIMS 
ICS. If facility owners or operators choose to follow fundamental 
principles of the NIIMS ICS, then they may adopt NIIMS ICS by reference 
rather than having to describe the system in detail in the plan. The 
owner or operator should identify where NIIMS ICS documentation is kept 
at the facility and how it will be accessed if needed by the facility 
or requested by the reviewing agency. Regardless of the response 
management system used, the plan should include an organization chart, 
specific job descriptions,<SUP>3 a description of information flow 
ensuring liaison with the on-scene coordinator (OSC), and a description 
of how the selected response management system integrates with a 
Unified Command.<SUP>4 If a system other than NIIMS ICS is used, the 
plan should also identify how it differs from NIIMS or provide a 
detailed description of the system used.
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    \3\ OPA 90 planning requirements for marine transfer facilities 
(33 CFR 154.1035) require job descriptions for each spill management 
team member regardless of the response management system employed by 
the facility.
    \4\ Under NIIMS ICS, the command module has traditionally been 
represented by a single incident commander (supported by a command 
staff) who directs efforts of and receives input from the four 
supporting functional areas (planning, logistics, operations, and 
finance). More recently, a Unified Command System as described in 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP) found at 40 CFR part 300 has been used for larger spill 
responses where the command module is comprised of representatives 
from the federal government (i.e., federal on-scene coordinator), 
state government (state on-scene coordinator), and the responsible 
party working in a cooperative manner. Unified Command allows all 
parties who have jurisdictional or functional responsibility for the 
incident to jointly develop a common set of incident objectives and 
strategies. Such coordination should be guided by procedures found 
in the NCP (see figure 1a at 40 CFR 300.105(e)(1)) and the 
applicable Area Contingency Plan.
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    The NRT anticipates that the use of linkages (i.e., references to 
other plans) when developing annexes will serve several purposes. 
Linkages will facilitate integration with other emergency plans within 
a facility (until such plans can be fully incorporated into the ICP) 
and with external plans, such as LEPC plans and Area Contingency Plans 
(ACPs). Linkages will also help ensure that the annexes do not become 
too cumbersome. The use of references to information contained in 
external plans does not relieve facilities from regulatory requirements 
to address certain elements in a facility-specific manner and to have 
information readily accessible to responders. When determining what 
information may be linked by reference and what needs to be contained 
in the ICP, response planners should carefully consider the time 
critical nature of the information. If instructions or procedures will 
be needed immediately during an incident response, they should be 
presented for ready access in the ICP. The following information would 
not normally be well-suited for reference to documents external to the 
ICP: core plan elements, facility and locality information (to allow 
for quick reference by responders on the layout of the facility and the 
surrounding environment and mitigating actions for the specific 
hazard(s) present), notification procedures, details of response 
management personnel's duties, and procedures for establishing the 
response management system. Although linkages provide the opportunity 
to utilize information developed by other organizations, facilities 
should note that many LEPC plans and ACPs may not currently possess 
sufficient detail to be of use in facility plans or the ICP. This 
information may need to be developed by the facility until detailed 
applicable information from broader plans is available.
    In all cases, referenced materials must be readily available to 
anticipated plan users. Copies of documents that have been incorporated 
by reference need not be submitted unless it is required by regulation. 
The appropriate sections of referenced documents that are unique to the 
facility, those that are not nationally recognized, those that are 
required by regulation, and those that could not reasonably be expected 
to be in the possession of the reviewing agency, should be provided 
when the plan is submitted for review and/or approval. Discretion 
should be used when submitting documents containing proprietary data. 
It is, however, necessary to identify in the ICP the specific section 
of the document being incorporated by reference, where the document is 
kept, and how it will be accessed if needed by the facility or 
requested by the reviewing agency. In addition, facility owners or 
operators are reminded to take note of submission requirements of 
specific regulations when determining what materials to provide an 
agency for review as it may not be necessary to submit all parts of an 
ICP to a particular agency.
    As discussed previously, this guidance contains a series of 
matrices designed to assist owners and operators in the plan 
consolidation process and in the process of ensuring and documenting 
compliance with regulatory requirements. The matrix in Attachment 2 to 
this guidance displays areas of current regulations that align with the 
suggested elements contained in this guidance document. When addressing 
each element of the ICP outline, plan drafters can refer to this matrix 
to identify specific regulatory requirements related to that element. 
The matrices in Attachment 3 to this guidance display regulatory 
requirements as contained in each of the regulations listed in the NRT 
policy statement above (which are applicable to many facilities) along 
with an indication of where in the suggested ICP outline these 
requirements should be addressed. If a facility chooses to follow the 
ICP outline, these matrices can be included as Annex 8 to a facility's 
ICP to provide the necessary cross-reference for plan reviewers to 
document compliance with various regulatory requirements. To the extent 
that a plan deviates from the suggested ICP outline, plan drafters will 
have to alter the matrices to ensure that the location of regulatory 
requirements within the ICP is clearly identified for plan reviewers.

Integrated Contingency Plan Elements

    Presented below is a list of elements to be addressed in the ICP 
and a brief explanation, displayed in italicized text, of the nature of 
the information to be contained in that section of the ICP. Attachment 
1 presents the complete outline of the ICP without the explanatory 
text. As discussed previously, the elements are organized into three 
main sections: plan introduction, core plan, and response annexes.

Section I--Plan Introduction Elements

1. Purpose and Scope of Plan Coverage
    This section should provide a brief overview of facility operations 
and describe in general the physical area, and nature of hazards or 
events to which the plan is applicable. This brief description will 
help plan users quickly assess the relevancy of the plan to a 
particular type of emergency in a given location. This section should 
also include a list of which regulation(s) are being addressed in the 
ICP.

[[Page 28646]]

2. Table of Contents
    This section should clearly identify the structure of the plan and 
include a list of annexes. This will facilitate rapid use of the plan 
during an emergency.
3. Current Revision Date
    This section should indicate the date that the plan was last 
revised to provide plan users with information on the currency of the 
plan. More detailed information on plan update history (i.e., a record 
of amendments) may be maintained in Annex 6 (Response Critique and Plan 
Review and Modification Process).
4. General Facility Identification Information
a. Facility name
b. Owner/operator/agent (include physical and mailing address and phone 
number)
c. Physical address of the facility (include county/parish/borough, 
latitude/longitude, and directions)
d. Mailing address of the facility (correspondence contact)
e. Other identifying information (e.g., ID numbers, SIC Code, oil 
storage start-up date)
f. Key contact(s) for plan development and maintenance
g. Phone number(s) for key contact(s)
h. Facility phone number
i. Facility fax number

    This section should contain a brief profile of the facility and its 
key personnel to facilitate rapid identification of key administrative 
information.

Section II - Core Plan Elements

1. Discovery
    This section should address the initial action the person(s) 
discovering an incident will take to assess the problem at hand and 
access the response system. Recognition, basic assessment, source 
control (as appropriate), and initial notification of proper personnel 
should be addressed in a manner that can be easily understood by 
everybody in the facility. The use of checklists or flowcharts is 
highly recommended.
2. Initial Response
a. Procedures for internal and external notifications (i.e., contact, 
organization name, and phone number of facility emergency response 
coordinator, facility response team personnel, federal, state, and 
local officials)
b. Establishment of a response management system
c. Procedures for preliminary assessment of the situation, including an 
identification of incident type, hazards involved, magnitude of the 
problem, and resources threatened
d. Procedures for establishment of objectives and priorities for 
response to the specific incident, including:
    (1) Immediate goals/tactical planning (e.g., protection of workers 
and public as priorities)
    (2) Mitigating actions (e.g., discharge/release control, 
containment, and recovery, as appropriate)
    (3) Identification of resources required for response
e. Procedures for implementation of tactical plan
f. Procedures for mobilization of resources

    This section should provide for activation of the response system 
following discovery of the incident. It should include an established 
24-hour contact point (i.e., that person and alternate who is called to 
set the response in motion) and instructions for that person on who to 
call and what critical information to pass. Plan drafters should also 
consider the need for bilingual notification. It is important to note 
that different incident types require that different parties be 
notified. Appropriate federal, State, and local notification 
requirements should be reflected in this section of the ICP. Detailed 
notification lists may be included here or in Annex 2, depending upon 
the variety of notification schemes that a facility may need to 
implement. For example, the release of an extremely hazardous substance 
will require more extensive notifications (i.e., to State Emergency 
Response Commissions (SERCs) and LEPCs) than a discharge of oil. Even 
though no impacts or awareness are anticipated outside the site, 
immediate external notifications are required for releases of CERCLA 
and EPCRA substances. Again, the use of forms, such as flowcharts, 
checklists, call-down lists, is recommended.
    This section should instruct personnel in the implementation of a 
response management system for coordinating the response effort. More 
detailed information on specific components and functions of the 
response management system (e.g., detailed hazard assessment, resource 
protection strategies) may be provided in annexes to the ICP.
    This part of the plan should then provide information on problem 
assessment, establishment of objectives and priorities, implementation 
of a tactical plan, and mobilization of resources. In establishing 
objectives and priorities for response, facilities should perform a 
hazard assessment using resources such as Material Safety Data Sheets 
(MSDSs) or the Chemical Hazard Response Information System (CHRIS) 
manual. Hazardous Materials Emergency Planning Guide (NRT-1), developed 
by the NRT to assist community personnel with emergency response 
planning, provides guidance on developing hazard analyses. If a 
facility elects to provide detailed hazard analysis information in a 
response annex, then a reference to that annex should be provided in 
this part of the core plan.
    Mitigating actions must be tailored to the type of hazard present. 
For example, containment might be applicable to an oil spill (i.e., use 
of booming strategies) but would not be relevant to a gas release. The 
plan holder is encouraged to develop checklists, flowcharts, and brief 
descriptions of actions to be taken to control different types of 
incidents. Relevant questions to ask in developing such materials 
include:
    <bullet>  What type of emergency is occurring?
    <bullet>  What areas/resources have been or will be affected?
    <bullet>  Do we need an exclusion zone?
    <bullet>  Is the source under control?
    <bullet>  What type of response resources are needed?
3. Sustained Actions
    This section should address the transition of a response from the 
initial emergency stage to the sustained action stage where more 
prolonged mitigation and recovery actions progress under a response 
management structure. The NRT recognizes that most incidents are able 
to be handled by a few individuals without implementing an extensive 
response management system. This section of the core plan should be 
brief and rely heavily on references to specific annexes to the ICP.
4. Termination and Follow-Up Actions
    This section should briefly address the development of a mechanism 
to ensure that the person in charge of mitigating the incident can, in 
coordination with the federal or state OSC as necessary, terminate the 
response. In the case of spills, certain regulations may become 
effective once the ``emergency'' is declared over. The section should 
describe how the orderly demobilization of response resources will 
occur. In addition, follow-up actions associated with termination of a 
response (e.g., accident investigation, response critique, plan review, 
written follow-up reports) should also be outlined in this section. 
Plan drafters

[[Page 28647]]

may reference appropriate annexes to the ICP in this section of the 
core plan.

Section III--Annexes

Annex 1. Facility and Locality Information
a. Facility maps
b. Facility drawings
c. Facility description/layout, including identification of facility 
hazards and vulnerable resources and populations on and off the 
facility which may be impacted by an incident

    This annex should provide detailed information to responders on the 
layout of the facility and the surrounding environment. The use of maps 
and drawings to allow for quick reference is preferable to detailed 
written descriptions. These should contain information critical to the 
response such as the location of discharge sources, emergency shut-off 
valves and response equipment, and nearby environmentally and 
economically sensitive resources and human populations (e.g., nursing 
homes, hospitals, schools). The ACP and LEPC plan may provide specific 
information on sensitive environments and populations in the area. EPA 
Regional Offices, Coast Guard Marine Safety Offices, and LEPCs can 
provide information on the status of efforts to identify such 
resources. Plan holders may need to provide additional detail on 
sensitive areas near the facility. In addition, this annex should 
contain other facility information that is critical to response and 
should complement but not duplicate information contained in part 4 of 
the plan introduction section containing administrative information on 
the facility.
Annex 2. Notification
a. Internal notifications
b. Community notifications
c. Federal and state agency notifications

    This annex should detail the process of making people aware of an 
incident (i.e., who to call, when the call must be made, and what 
information/data to provide on the incident). The incident commander is 
responsible for ensuring that notifications are carried out in a timely 
manner but is not necessarily responsible for making the notifications. 
ACPs, Regional Contingency Plans (RCPs), and LEPC plans should be 
consulted and referenced as a source of information on the roles and 
responsibilities of external parties that are to be contacted. This 
information is important to help company responders understand how 
external response officials fit into the picture. Call-down lists must 
be readily accessible to ensure rapid response. Notification lists 
provided in the core plan need not be duplicated here but need to be 
referenced.
Annex 3. Response Management System
    This annex should contain a general description of the facility's 
response management system as well as contain specific information 
necessary to guide or support the actions of each response management 
function (i.e., command, operations, planning, logistics, and finance) 
during a response.
a. General
    If facility owners or operators choose to follow the fundamental 
principles of NIIMS ICS (see discussion of annexes above), then they 
may adopt NIIMS ICS by reference rather than having to describe the 
response management system in detail in the plan. In this section of 
Annex 3, planners should briefly address either 1) basic areas where 
their response management system is at variance with NIIMS ICS or 2) 
how the facility's organization fits into the NIIMS ICS structure. This 
may be accomplished through a simple organizational diagram.
    If facility owners or operators choose not to adopt the fundamental 
principles of NIIMS ICS, this section should describe in detail the 
structure of the facility response management system. Regardless of the 
response management system used, this section of the annex should 
include the following information:
    <bullet>  Organizational chart;
    <bullet> Specific job description for each position; <SUP>5
---------------------------------------------------------------------------

    \5\ OPA 90 planning requirements for marine transfer facilities 
(33 CFR 154.1035) require job descriptions for each spill management 
team member regardless of the response management system employed by 
the facility.
---------------------------------------------------------------------------

    <bullet> A detailed description of information flow; and
    <bullet> Description of the formation of a unified command within 
the response management system.
b. Command
    (1) List facility Incident Commander and Qualified Individual (if 
applicable) by name and/or title and provide information on their 
authorities and duties.
    This section of Annex 3 should describe the command aspects of the 
response management system that will be used (i.e., reference NIIMS ICS 
or detail the facility's response management system). The location(s) 
of predesignated command posts should also be identified.
    (2) Information (i.e., internal and external communications).
    This section of Annex 3 should address how the facility will 
disseminate information internally (i.e., to facility/response 
employees) and externally (i.e., to the public). For example, this 
section might address how the facility would interact with local 
officials to assist with public evacuation and other needs. Items to 
consider in developing this section include press release statement 
forms, plans for coordination with the news media, community relations 
plan, needs of special populations, and plans for families of 
employees.
    (3) Safety.
    This section of Annex 3 should include a process for ensuring the 
safety of responders. Facilities should reference responsibilities of 
the safety officer, federal/state requirements (e.g., HAZWOPER), and 
safety provisions of the ACP. Procedures for protecting facility 
personnel should be addressed (i.e., evacuation signals and routes, 
sheltering in place).
    (4) Liaison--Staff Mobilization.
    This section of Annex 3 should address the process by which the 
internal and external emergency response teams will interact. Given 
that parallel mobilization may be occurring by various response groups, 
the process of integration (i.e., unified command) should be addressed. 
This includes a process for communicating with local emergency 
management especially where safety of the general public is concerned.
c. Operations
(1) Operational response objectives
(2) Discharge or release control
(3) Assessment/monitoring
(4) Containment
(5) Recovery
(6) Decontamination
(7) Non-responder medical needs, including information on ambulances 
and hospitals
(8) Salvage plans

    This section of Annex 3 should contain a discussion of specific 
operational procedures to respond to an incident. It is important to 
note that response operations are driven by the type of incident. That 
is, a response to an oil spill will differ markedly from a response to 
a release of a toxic gas to the air. Plan drafters should tailor 
response procedures to the particular hazards in place at the facility. 
A facility with limited hazards may have relatively few procedures. A 
larger more complex facility with numerous hazards is likely to have a 
series of procedures

[[Page 28648]]

designed to address the nuances associated with each type of incident.
d. Planning
    (1) Hazard assessment, including facility hazards identification, 
vulnerability analysis, prioritization of potential risks.
    This section of Annex 3 should present a detailed assessment of all 
potential hazards present at the facility, an analysis of vulnerable 
receptors (e.g., human populations, both workers and the general 
public, environmentally sensitive areas, and other facility-specific 
concerns) and a discussion of which risks deserve primary consideration 
during an incident. NRT-1 contains guidance on conducting a hazard 
analysis. Also, ACPs and LEPC plans may provide information on 
environmentally sensitive and economically important areas, human 
populations, and protection priorities. Plan drafters should address 
the full range of risks present at the facility. By covering actions 
necessary to respond to a range of incident types, plan holders can be 
prepared for small, operational discharges and large catastrophic 
releases. One approach that is required by certain regulations, such as 
the Clean Air Act (CAA) and OPA is to develop planning scenarios for 
certain types and sizes of releases (i.e., worst case discharge). 
Facilities may address such planning scenarios and associated 
calculations in this section of Annex 3 or as part of a separate annex 
depending on the size and complexity of the facility.
    (2) Protection
    This section of Annex 3 should present a discussion of strategies 
for protecting the vulnerable receptors identified through the hazard 
analysis. Primary consideration should be given to minimizing those 
risks identified as a high priority. Activities to be considered in 
developing this section include: population protection; protective 
booming; dispersant use, in-situ burning, bioremediation; water intake 
protection; wildlife recovery/rehabilitation; natural remediation; 
vapor suppression; and monitoring, sampling, and modeling. ACPs and 
LEPC plans may contain much of this information.
    (3) Coordination with natural resource trustees.
    This section should address coordination with government natural 
resource trustees. In their role as managers of and experts in natural 
resources, trustees assist the federal OSC in developing or selecting 
removal actions to protect these resources. In this role, they serve as 
part of the response organization working for the federal OSC. A key 
area to address is interaction with facility response personnel in 
protection of natural resources.
    Natural resource trustees are also responsible to act on behalf of 
the public to present a claim for and recover damages to natural 
resources injured by an oil spill or hazardous substance release. The 
process followed by the natural resource trustees, natural resource 
damage assessment (NRDA), generally involves some data collection 
during emergency response. NRDA regulations provide that the process 
may be carried out in cooperation with the responsible party. Thus, the 
facility may wish to plan for how that cooperation will occur, 
including designation of personnel to work with trustees in NRDA.
    (4) Waste management.

    This section should address procedures for the disposal of 
contaminated materials in accordance with federal, state, and local 
requirements.
e. Logistics
    (1) Medical needs of responders
    (2) Site security
    (3) Communications (internal and external resources)
    (4) Transportation (air, land, water)
    (5) Personnel support (e.g., meals, housing, equipment)
    (6) Equipment maintenance and support

    This section of the Annex 3 should address how the facility will 
provide for the operational needs of response operations in each of the 
areas listed above. For example, the discussion of personnel support 
should address issues such as: volunteer training; management; 
overnight accommodations; meals; operational/administrative spaces; and 
emergency procedures. The NRT recognizes that certain logistical 
considerations may not be applicable to small facilities with limited 
hazards.

f. Finance/procurement/administration
    (1) Resource list
    (2) Personnel management
    (3) Response equipment
    (4) Support equipment
    (5) Contracting
    (6) Claims procedures
    (7) Cost documentation

    This section of Annex 3 should address the acquisition of resources 
(i.e., personnel and equipment) for the response and monitoring of 
incident-related costs. Lists of available equipment in the local and 
regional area and how to procure such equipment as necessary should be 
included. Information on previously established agreements (e.g., 
contracts) with organizations supplying personnel and equipment (e.g., 
oil spill removal organizations) also should be included. This section 
should also address methods to account for resources expended and to 
process claims resulting from the incident.
Annex 4. Incident Documentation
a. Post accident investigation
b. Incident history

    This annex should describe the company's procedures for conducting 
a follow-up investigation of the cause of the accident, including 
coordination with federal, State, and local officials. This annex 
should also contain an accounting of incidents that have occurred at 
the facility, including information on cause, amount released, 
resources impacted, injuries, response actions, etc. This annex should 
also include information that may be required to prove that the 
facility met its legal notification requirements with respect to a 
given incident, such as a signed record of initial notifications and 
certified copies of written follow-up reports submitted after a 
response.
Annex 5. Training and Exercises/Drills
    This annex should contain a description of the training and 
exercise program conducted at the facility as well as evidence (i.e., 
logs) that required training and exercises have been conducted on a 
regular basis. Facilities may follow appropriate training or exercise 
guidelines (e.g., National Preparedness for Response Exercise Program 
Guidelines) as allowed under the various regulatory requirements.
Annex 6. Response Critique and Plan Review and Modification Process
    This annex should describe procedures for modifying the plan based 
on periodic plan review or lessons learned through an exercise or a 
response to an actual incident. Procedures to critique an actual or 
simulated response should be a part of this discussion. A list of plan 
amendments (i.e., history of updates) should also be contained in this 
annex. Plan modification should be viewed as a part of a facility's 
continuous improvement process.
Annex 7. Prevention
    Some federal regulations that primarily address prevention of 
accidents include elements that relate to contingency planning (e.g., 
EPA's RMP and SPCC regulations and OSHA's Process Safety Standard). 
This annex is designed to allow facilities to include

[[Page 28649]]

prevention-based requirements (e.g., maintenance, testing, in-house 
inspections, release detection, site security, containment, fail safe 
engineering) that are required in contingency planning regulations or 
that have the potential to impact response activities covered in a 
contingency plan. The modular nature of the suggested plan outline 
provides planners with necessary flexibility to include prevention 
requirements in the ICP. This annex may not need to be submitted to 
regulatory agencies for review.
Annex 8. Regulatory Compliance and Cross-Reference Matrices
    This annex should include information necessary for plan reviewers 
to determine compliance with specific regulatory requirements. To the 
extent that plan drafters did not include regulatory required elements 
in the balance of the ICP, they should be addressed in this annex. This 
annex should also include signatory pages to convey management approval 
and certifications required by the regulations, such as certification 
of adequate response resources and/or statements of regulatory 
applicability as required by regulations under OPA authority. Finally, 
this annex should contain cross-references that indicate where specific 
regulatory requirements are addressed in the ICP for each regulation 
covered under the plan. As discussed previously, Attachment 3 contains 
a series of matrices designed to fulfill this need in those instances 
where plan drafters adhere to the outline contained in this guidance.

Attachment 1--ICP Outline

Section I--Plan Introduction Elements

1. Purpose and Scope of Plan Coverage
2. Table of Contents
3. Current Revision Date
4. General Facility Identification Information
    a. Facility name
    b. Owner/operator/agent (include physical and mailing address 
and phone number)
    c. Physical address of the facility (include county/parish/
borough, latitude/longitude, and directions)
    d. Mailing address of the facility (correspondence contact)
    e. Other identifying information (e.g., ID numbers, SIC Code, 
oil storage start-up date)
    f. Key contact(s) for plan development and maintenance
    g. Phone number for key contact(s)
    h. Facility phone number
    i. Facility fax number

Section II--Core Plan Elements

1. Discovery
2. Initial Response
    a. Procedures for internal and external notifications (i.e., 
contact, organization name, and phone number of facility emergency 
response coordinator, facility response team personnel, federal, 
state, and local officials)
    b. Establishment of a response management system
    c. Procedures for preliminary assessment of the situation, 
including an identification of incident type, hazards involved, 
magnitude of the problem, and resources threatened
    d. Procedures for establishment of objectives and priorities for 
response to the specific incident, including:
    (1) Immediate goals/tactical planning (e.g., protection of 
workers and public as priorities)
    (2) Mitigating actions (e.g., discharge/release control, 
containment, and recovery, as appropriate)
    (3) Identification of resources required for response
    e. Procedures for implementation of tactical plan
    f. Procedure for mobilization of resources
3. Sustained Actions
4. Termination and Follow-Up Actions

Section III-Annexes

Annex 1. Facility and Locality Information

a. Facility maps
b. Facility drawings
c. Facility description/layout, including identification of facility 
hazards and vulnerable resources and populations on and off the 
facility which may be impacted by an incident

Annex 2. Notification

a. Internal notifications
b. Community notifications
c. Federal and state agency notifications

Annex 3. Response Management System

a. General
b. Command
    (1) List facility Incident Commander and Qualified Individual 
(if applicable) by name and/or title and provide information on 
their authorities and duties
    (2) Information (i.e., internal and external communications)
    (3) Safety
    (4) Liaison--Staff mobilization
c. Operations
    (1) Operational response objectives
    (2) Discharge or release control
    (3) Assessment/monitoring
    (4) Containment
    (5) Recovery
    (6) Decontamination
    (7) Non-responder medical needs including information on 
ambulances and hospitals
    (8) Salvage plans
d. Planning
    (1) Hazard assessment, including facility hazards 
identification, vulnerability analysis, prioritization of potential 
risks
    (2) Protection
    (3) Coordination with natural resource trustees
    (4) Waste management
e. Logistics
    (1) Medical needs of responders
    (2) Site security
    (3) Communications (internal and external resources)
    (4) Transportation (air, land, water)
    (5) Personnel support (e.g., meals, housing, equipment)
    (6) Equipment maintenance and support
f. Finance/procurement/administration
    (1) Resource list
    (2) Personnel management
    (3) Response equipment
    (4) Support equipment
    (5) Contracting
    (6) Claims procedures
    (7) Cost documentation

Annex 4. Incident Documentation

a. Post accident investigation
b. Incident history

Annex 5. Training and Exercises/Drills

Annex 6. Response Critique and Plan Review and Modification Process

Annex 7. Prevention

Annex 8. Regulatory Compliance and Cross-Reference Matrices

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           Attachment 3: Regulatory Cross-Comparison Matrices           
------------------------------------------------------------------------
                                                    ICP Citation(s)     
------------------------------------------------------------------------
 RCRA (40 CFR Part 264 Subpart D <SUP>1, 40 CFR Part 265 Subpart D <SUP>2, 40 CFR 
                            Part 279.52(b) <SUP>3)                           
                                                                        
------------------------------------------------------------------------
264.52  Content of contingency plan:                                    
    (a) Emergency response actions.<SUP>4                                    
    (b) Amendments to SPCC plan.                                        
    (c) Coordination with State and local      II.2.b;III.3.a.          
     response parties <SUP>5.                                                
    (d) Emergency coordinator(s).............  II.2.a; III.2.           
    (e) Detailed description of emergency      II.2.d.(3); II.2.e;      
     equipment on-site.                         II.2.f; III.3.f.(1);    
                                                III.3.f.(3);            
                                                III.3.f.(4).            
    (f) Evacuation plan if applicable........  III.3.b.(3).             
264.53  Copies of contingency plan.                                     
264.54  Amendment of contingency plan........  III.6.                   
264.55  Emergency coordinator................  II.2.a; III.3.b.(1).     
264.56  Emergency procedures:                                           
    (a) Notification.........................  II.2.a; III.2;           
                                                III.3.b.(2).            
    (b) Emergency identification/              II.2.c; III.3.c.(3).     
     characterization.                                                  
    (c) Health/environmental assessment......  II.2.c; III.3.c.(3).     
    (d) Reporting............................  II.2.a; III.2;           
                                                III.3.c.(3).            
    (e) Containment..........................  III.3.c.(2); III.3.c.(4).
    (f) Monitoring...........................  III.3.b.(3); III.3.c.(3).
    (g) Treatment, storage, or disposal of     III.3.d.(4).             
     wastes.                                                            
    (h) Cleanup procedures:..................                           
        (1) Disposal.........................  III.3.d.(4).             
        (2) Decontamination..................  III.3.c.(6).             
    (i) Follow-up procedures.................  II.4.                    
    (j) Follow-up report.....................  III.4.a.                 
265.52  Content of contingency plan:                                    
    (a) Emergency response actions.<SUP>6                                    
    (b) Amendments to SPCC plan.                                        
    (c) Coordination with State and local      II.2.b; III.3.a.         
     response parties <SUP>7.                                                
    (d) Emergency coordinator(s).............  II.2.a; III.2.           
    (e) Detailed description of emergency      II.2.d.(3); II.2.e;      
     equipment on-site.                         II.2.f; III.3.f.(1);    
                                                III.3.f.(3);            
                                                III.3.f.(4).            
    (f) Evacuation plan if applicable........  III.3.b.(3).             
265.53  Copies of contingency plan.                                     
265.54  Amendment of contingency plan........  III.6.                   
265.55  Emergency coordinator................  II.2.a; III.3.b.(1).     
265.56  Emergency procedures:                                           
    (a) Notification.........................  II.2.a; III.2;           
                                                III.3.b.(2).            
    (b) Emergency identification/              II.2.c; III.3.c.(3).     
     characterization.                                                  
    (c) Health/environmental assessment......  II.2.c; III.3.c.(3).     
    (d) Reporting............................  II.2.a; III.2;           
                                                III.3.c.(3).            
    (e) Containment..........................  III.3.c.(2); III.3.c.(4).
    (f) Monitoring...........................  III.3.b.(3); III.3.c.(3).
    (g) Treatment, storage, or disposal of     III.3.d.(4).             
     wastes.                                                            
    (h) Cleanup procedures:                                             
        (1) Disposal.........................  III.3.d.(4).             
        (2) Decontamination..................  III.3.c.(6).             
    (i) Follow-up procedures.................  II.4.                    
    (j) Follow-up report.....................  III.4.a.                 
279.52(b)(2)  Content of contingency plan:                              
    (i) Emergency response actions <SUP>8                                    
    (ii) Amendments to SPCC plan.                                       
    (iii) Coordination with State and local    II.2.b; III.3.a.         
     response parties <SUP>9.                                                
    (iv) Emergency coordinator(s)............  II.2.a; III.2.           
    (v) Detailed description of emergency      II.2.d.(3); II.2.e;      
     equipment on-site.                         II.2.f; III.3.f.(1);    
                                                III.3.f.(3); III.3.f(4).
    (vi) Evacuation plan if applicable.......  III.3.b.(3).             
(3) Copies of contingency plan.                                         
(4) Amendment of contingency plan............  III.6.                   
(5) Emergency coordinator....................  II.2.a; III.3.b.(1).     
(6) Emergency procedures:                                               
    (i) Notification.........................  II.2.a; III.2;           
                                                III.3.b.(2).            
    (ii) Emergency identification/             II.2.c; III.3.c.(3).     
     characterization.                                                  
    (iii) Health/environmental assessment....  II.2.c; III.3.c.(3).     
    (iv) Reporting...........................  II.2.a; III.2;           
                                                III.3.c.(3).            
    (v) Containment..........................  III.3.c.(2); III.3.c.(4).
    (vi) Monitoring..........................  III.3.b.(3); III.3.c.(3).
    (vii) Treatment, storage, or disposal of   III.3.d.(4).             
     wastes.                                                            
    (viii) Cleanup procedures:                                          
        (A) Disposal.........................  III.3.d.(4).             
        (B) Decontamination..................  III.3.c.(6).             

[[Page 28658]]

                                                                        
    (ix) Follow-up report....................  III.4.a.                 
------------------------------------------------------------------------
         EPA's Oil Pollution Prevention Regulation (40 CFR 112)         
                                                                        
------------------------------------------------------------------------
112.7(d)(1)  Strong spill contingency plan     .........................
 and written commitment of manpower,                                    
 equipment, and materials.<SUP>10,11                                         
112.20(g)  General response planning           III.3.d.(3); III.6.      
 requirements.                                                          
112.20(h) Response plan elements.............  I.2; III.8.              
    (1) Emergency response action plan         .........................
     (Appendix F1.1):                                                   
        (i) Identity and telephone number of   III.3.b.(1).             
         qualified individual (F1.2.5).                                 
        (ii) Identity of individuals/          III.2.                   
         organizations to contact if there is                           
         a discharge (F1.3.1).                                          
        (iii) Description of information to    II.2.a.                  
         pass to response personnel in event                            
         of a reportable spill (F1.3).                                  
        (iv) Description of facility's         II.2.d.(3); III.3.e.(3); 
         response equipment and its location    III.3.e.(6);            
         (F1.3.2).                              III.3.f.(1);            
                                                III.3.f.(3).            
         (v) Description of response           II.2.b; III.3;           
         personnel capabilities (F1.3.4).       III.3.e.(5);            
                                                III.3.f.(2);            
        (vi) Plans for evacuation of the       III.3.b.(3); III.3.e.(5) 
         facility and a reference to                                    
         community evacuation plans (F1.3.5).                           
        (vii) Description of immediate         II.2.d.(2); III.3.c.(2); 
         measures to secure the source          III.3.c.(4).            
         (F1.7.1).                                                      
        (viii) Diagram of the facility (F1.9)  III.1.a-b.               
    (2) Facility information (F1.2, F2.0)....  I.4.b-d; III.1.          
    (3) Information about emergency                                     
     responses:                                                         
        (i) Identity of private personnel and  III.3.c.(2); III.3.c.(4)-
         equipment to remove to the maximum     (5); III.3.e.(5).       
         extent practicable a WCD or other                              
         discharges (F1.3.2, F1.3.4).                                   
        (ii) Evidence of contracts or other    III.3.e.(5); III.3.f.(5) 
         approved means for ensuring                                    
         personnel and equipment availability.                          
        (iii) Identity and telephone of        II.2.a; III.2.b-d;       
         individuals/organizations to be        III.3.b.(2).            
         contacted in event of a discharge                              
         (F1.3.1).                                                      
        (iv) Description of information to     II.2.a.                  
         pass to response personnel in event                            
         of a reportable spill (F1.3.1).                                
        (v) Description of response personnel  II.2.b; III.3;           
         capabilities (F1.3.4).                 III.3.e.(5);            
                                                III.3.f.(2).            
        (vi) Description of a facility's       II.2.d.(3); III.3.e.(3); 
         response equipment, location of the    III.3.e.(6);            
         equipment, and equipment testing       III.3.f.(1);            
         (F1.3.2, F1.3.3).                      III.3.f.(3).            
        (vii) Plans for evacuation of the      III.3.b.(3); III.3.e.(5).
         facility and a reference to                                    
         community evacuation plans as                                  
         appropriate (F1.3.5).                                          
        (viii) Diagram of evacuation routes    III.3.b.(3).             
         (F1.9)..                                                       
        (ix) Duties of the qualified           II.2.c; II.2.d.(1);      
         individual (F1.3.6).                   I.2.e; III.2.b-c;       
                                                III.3.c.(3);            
                                                III.3.d.(1); III.3.f.   
    (4) Hazard evaluation (F1.4).............  II.2.c; III.3.d.(1);     
                                                III.4.b.                
    (5) Response planning levels (F1.5,        II.3.d.(1).              
     F1.5.1, F1.5.2).                                                   
     (6) Discharge detection systems (F1.6,    II.1.                    
     F1.6.1, F1.6.2).                                                   
    (7) Plan implementation (F1.7)...........  II.2.d-f; II.3; II.4.    
        (i) Response actions to be carried     II.2; III.3.d.(2).       
         out (F1.7.1.1).                                                
        (ii) Description of response           III.3.d.(1).             
         equipment to be used for each                                  
         scenario (F1.7.1.1).                                           
        (iii) Plans to dispose of              III.3.c.(5)-(6)          
         contaminated cleanup materials                                 
         (F1.7.2).                                                      
        (iv) Measures to provide adequate      III.3.c.(2); III.3.c.(4);
         containment and drainage of spilled    III.3.d.(2);            
         oil (F1.7.3).                          III.3.d.(4).            
        (8) Self-inspection, drills/           III.3.e.(6); III.5.      
         exercises, and response training                               
         (F1.8.1-F1.8.3.2).                                             
        (9) Diagrams (F1.9)..................  III.1.b.                 
        (10) Security systems (F1.10)........  III.3.e.(2).             
        (11) Response plan cover sheet                                  
         (F2.0).                                                        
112.21  Facility response training and drills/ III.5.                   
 exercises (F1.8.2, F1.8.3).                                            
Appendix F Facility-Specific Response Plan:    I.2.                     
 <SUP>12                                                                     
    1.0  Model Facility-Specific Response                               
     Plan.                                                              
    1.1  Emergency Response Action Plan.                                
    1.2  Facility Information................  I.3; I.4.a; I.4.b-c;     
                                                I.4.h; II.2.a; III.1.   
    1.3  Emergency Response Information:                                
        1.3.1  Notification..................  II.2.a; III.2.a-c.       
        1.3.2  Response Equipment List.......  II.2.d.(3); III.3.e.(3); 
                                                III.3.f.(1); III.3.f.(3)-
                                                (4).                    
        1.3.3  Response Equipment Testing/     III.3.e.(6).             
         Deployment.                                                    
        1.3.4  Personnel.....................  II.2.b; III.3;           
                                                III.3.f.(2).            
        1.3.5  Evacuation Plans..............  III.3.b.(3); III.3.e.(5).
        1.3.6  Qualified Individual's Duties.  II.2.                    
    1.4  Hazard Evaluation...................  II.2.c.                  
        1.4.1  Hazard Identification.........  III.1.c; III.3.d.(1).    
        1.4.2  Vulnerability Analysis........  II.2.c; III.3.d.(1).     
        1.4.3  Analysis of the Potential for   III.3.d.(1).             
         an Oil Spill.                                                  
        1.4.4  Facility Reportable Oil Spill   III.4.b.                 
         History.                                                       
    1.5  Discharge Scenarios:                                           
        1.5.1  Small and Medium Discharges...  III.3.d.(1).             
        1.5.2  Worst Case Discharge..........  III.3.d.(1).             
    1.6  Discharge Detection Systems:                                   
        1.6.1  Discharge Detection By          II.1.                    
         Personnel.                                                     

[[Page 28659]]

                                                                        
        1.6.2  Automated Discharge Detection.  II.1.                    
    1.7  Plan Implementation.................  II.2.                    
        1.7.1  Response Resources for Small,   II.2.d.(3); II.2.f;      
         Medium, and Worst Case Spills.         III.3.c.(3);            
                                                III.3.d.(2);            
                                                III.3.f.(1); III.3.f.(3)-
                                                (4).                    
        1.7.2  Disposal Plans................  III.3.c.(5)-(6);         
                                                III.3.d.(4).            
        1.7.3  Containment and Drainage        II.2.d; III.3.c.(4);     
         Planning.                              III.3.d.(2).            
    1.8  Self-Inspection, Drills/Exercises,                             
     and Response Training:                                             
        1.8.1  Facility Self-Inspection......  III.3.e.(6).             
        1.8.2  Facility Drills/Exercises.....  III.5.                   
        1.8.3  Response Training.............  III.5.                   
    1.9  Diagrams............................  I.4; III.1.a-c.          
    1.10  Security...........................  III.3.e.(2).             
    2.0  Response Plan Cover Sheet...........  I.4.b; I.4.c; I.4.h;     
                                                III.1.                  
------------------------------------------------------------------------
                       USCG FRP (33 CFR part 154)                       
                                                                        
------------------------------------------------------------------------
154.1026  Qualified individual and alternate   lI.2.a; III.3.b.(1).     
 qualified individual.                                                  
154.1028  Availability of response resources   III.3.f or III.8;        
 by contract or other approved means.           III.3.f.(5).            
154.1029  Worst case discharge...............  III.3.d.(1).             
154.1030  General response plan contents:....                           
    (a) The plan must be written in English.                            
    (b) Organization of the plan <SUP>13..........  I.2.                     
    (c) Required contents.                                              
    (d) Sections submitted to COTP...........                           
    (e) Cross-references.....................  III.8.                   
    (f) Consistency with NCP and ACPs........  III.3.d.(3).             
154.1035  Significant and substantial harm                              
 facilities:                                                            
    (a) Introduction and plan content........  III.1.                   
        (1) Facility's name, physical and      I.4.a; I.4.c-d; I.4.h-i  
         mailing address, county, telephone,                            
         and fax.                                                       
        (2) Description of a facility's        I.4.c.                   
         location in a manner that could aid                            
         in locating the facility.                                      
        (3) Name, address, and procedures for  I.4.b; II.2.a            
         contacting the owner/operator on 24-                           
         hour basis.                                                    
        (4) Table of contents................  I.2.                     
        (5) Cross index, if appropriate......  III.8.                   
        (6) Record of change(s) to record      I.3; III.6.              
         information on plan updates.                                   
    (b) Emergency Response Action Plan:                                 
        (1) Notification procedures:                                    
            (i) Prioritized list identifying   II.2.a; III.2.a-c.       
             person(s), including name,                                 
             telephone number, and role in                              
             plan, to be notified in event of                           
             threat or actual discharge.                                
            (ii) Information to be provided    III.3.b; III.2.a-c.      
             in initial and follow-up                                   
             notifications to federal, state,                           
             and local agencies.                                        
        (2) Facility's spill mitigation        II.2.d.(2); III.3.c.(2). 
         procedures <SUP>14.                                                 
            (i) Volume(s) of persistent and                             
             non-persistent oil groups.                                 
            (ii) Prioritized procedures/task   II.2.                    
             delegation to mitigate or                                  
             prevent a potential or actual                              
             discharge or emergencies                                   
             involving certain equipment/                               
             scenarios.                                                 
            (iii) List of equipment and        II.2.e-f; III.3.f.(3);   
             responsibilities of facility       III.3.c.(1)-(5).        
             personnel to mitigate an average                           
             most probable discharge.                                   
        (3) Facility response activities <SUP>15..  II.2.c; II.2.e-f; II.3;  
                                                II.4; III.3.c.(3).      
            (i) Description of facility        II.1; II.2.              
             personnel's responsibilities to                            
             initiate/supervise response                                
             until arrival of qualified                                 
             individual.                                                
            (ii) Qualified individual's        II.2.                    
             responsibilities/authority.                                
            (iii) Facility or corporate        II.2.b; II.3; III.3.a;   
             organizational structure used to   III.3.b.(2)-(4);        
             manage response actions.           III.3.c; III.3.d.(1);   
                                                III.3.e-f.              
            (iv) Oil spill response            II.2.d.(3); III.3.c.(4)- 
             organization(s)/spill management   (5); III.3.e.(6);       
             team available by contract or      III.3.f.(1)-(2);        
             other approved means.              III.3.f.(5).            
            (v) For mobile facilities that     II.2.d.(3).              
             operate in more than one COTP,                             
             the oil spill response                                     
             organization(s)/spill management                           
             team in the applicable                                     
             geographic-specific appendix.                              
        (4) Fish and wildlife sensitive        III.1.c; III.3.d.(1)-(2).
         environments.                                                  
            (i) Areas of economic importance   II.2.c.                  
             and environmental sensitivity as                           
             identified in the ACP that are                             
             potentially impacted by a WCD.                             
            (ii) List areas and provide maps/                           
             charts and describe response                               
             actions.                                                   
            (iii) Equipment and personnel      II.2.e-f; III.3.f.(3);   
             necessary to protect identified    III.3.c.(1)-(5).        
             areas.                                                     
        (5) Disposal plan....................  III.3.d.(4).             
    (c) Training and exercises...............  III.5.                   
    (d) Plan review and update procedures....  III.6.                   
    (e) Appendices...........................  I.4.c; III.1.b.          
        (1) Facility specific information....  III.1.                   
        (2) List of contacts.................  II.2.a; III.2.a-c;       
                                                III.3.b.(1).            
        (3) Equipment lists and records......  III.3.e.(3); III.3.e.(6);
                                                III.3.f.(1); III.3.f.(3)-
                                                (5).                    
        (4) Communications plan..............  III.3.b.(2).             
        (5) Site-specific safety and health    III.3.b.(3); III.3.c.(7);
         plan.                                  III.3.e. (1).           

[[Page 28660]]

                                                                        
        (6) List of acronyms and definitions.                           
        (7) A geographic-specific appendix.                             
154.1040  Specific requirements for                                     
 substantial harm facilities.                                           
154.1041  Specific response information to be                           
 maintained on mobile MTR facilities.                                   
154.1045  Groups I-IV petroleum oils.                                   
154.1047  Group V petroleum oils.                                       
154.1050  Training...........................  III.5.                   
154.1055  Drills.............................  III.5.                   
154.1057  Inspection and maintenance of        III.3.e.(6).             
 response resources.                                                    
154.1060  Submission and approval procedures.                           
154.1065  Plan revision and amendment          III.6.                   
 procedures.                                                            
154.1070  Deficiencies.                                                 
154.1075  Appeal Process.                                               
Appendix C--Guidelines for determining and     III.3.f.(3).             
 evaluating required response resources for                             
 facility response plans.                                               
Appendix D--Training elements for oil spill    III.5.                   
 response plans.                                                        
------------------------------------------------------------------------
                     DOT/RSPA FRP (49 CFR Part 194)                     
------------------------------------------------------------------------
194.101  Operators required to submit plans.                            
194.103  Significant and substantial harm:     III.8.                   
 operator's statement.                                                  
194.105  Worst case discharge................  III.3.d.(1).             
194.107  General response plan requirements:                            
    (a) Resource planning requirements.......  III.3.d.                 
    (b) Language requirements.                                          
    (c) Consistency with NCP and ACP(s)......  III.3.d.(3); III.8.      
    (d) Each response plan must include:                                
        (1) Core Plan Contents:                                         
            (i) An information summary as      I.4; III.1.              
             required in 194.113.                                       
194.113(a)  Core plan information summary:                              
    (1) Name and address of operator.........  I.4.b; I.4.d.            
    (2) Description of each response zone....  I.4.c.                   
            (b) Response zone appendix                                  
             information summary:                                       
    (1) Core plan information summary........  I.4; III.1.              
        (2)                                    III.6.                   
         Name<SUP>caretO<SUP>caretS<SUP>caretA<SUP>caretA<SUP>caretO                             
         Submission and approval procedures.                            
194.121  Response plan review and update       III.6.                   
 procedures.                                                            
<SUP>caretApendix<SUP>caretS<SUP>caretA<SUP>caretAecommended       I.2.                     
 guidelines for the preparation of response                             
 plans.                                                                 
    Section 1--Information summary...........  I.4.b-c; II.2.a; II.2.f; 
                                                III.8.                  
    Section 2--Notification procedures.......  II.2.a; III.2;           
                                                III.3.b.(2);            
                                                III.3.e.(3).            
    Section 3--Spill detection and on-scene    II.1; II.2.e-f;          
     spill mitigation procedures.               III.3.c.(2).            
    Section 4--Response activities...........  II.2.b; III.3.b.(1).     
    Section 5--List of contacts..............  II.2.a.                  
    Section 6--Training procedures...........  III.5.                   
    Section 7--Drill procedures..............  III.5.                   
    Section 8--Response plan review and        III.6.                   
     update procedures.                                                 
    Section 9--Response zone appendices......  II.2.b; II.3; III.1.a-c; 
                                                III.3.                  
------------------------------------------------------------------------
 OSHA Emergency Action Plans (29 CFR 1910.38(a)) and Process Safety (29 
                              CFR 1910.119)                             
                                                                        
------------------------------------------------------------------------
1910.38(a)  Emergency action plan:                                      
    (1) Scope and applicability..............  III.3.c.(1); III.3.d.    
    (2) Elements:                                                       
        (i) Emergency escape procedures and    II.2; II.2.c;            
         emergency escape route assignments.    III.3.b.(3); III.3.c.   
        (ii) Procedures to be followed by      II.2; II.2.c; II.2.e;    
         employees who remain to operate        III.3.c.                
         critical plant operations before                               
         they evacuate.                                                 
        (iii) Procedures to account for all    II.2.a; III.3.b.(2);     
         employees after emergency evacuation   III.3.b.(3); III.3.c;   
         has been completed.                    III.4.                  
        (iv) Rescue and medical duties for     III.3.b.(3); III.3.c;    
         those employees who are to perform     III.3.c.(7);            
         them.                                  III.3.e.(1).            
        (v) The preferred means of reporting   II.2.a; III.3.b.         
         fires and other emergencies.                                   
        (vi) Names or regular job titles of    I.4.f; II.2.a;           
         persons or departments who can be      III.3.b.(2);            
         contacted for further information or   III.3.b.(4).            
         explanation of duties under the plan.                          
    (3) Alarm system \16\....................  II.2.a; III.3.c.(3);     
                                                III.3.e.(3).            
    (4) Evacuation...........................  II.2.d; III.3.b.(3);     
                                                III.3.c.(3); III.3.d;   
                                                III.3.d.(1).            
    (5) Training.............................  III.3.e.(5); III.5.      
1910.119  Process safety management of highly                           
 hazardous chemicals:                                                   
    (e)(3)(ii) Investigation of previous       III.4; III.4.b.          
     incidents.                                                         
    (e)(3)(iii) Process hazard analysis        III.3.e.(3).             
     requirements.                                                      
    (g)(1)(i) Employee training in process/    III.5.                   
     operating procedures.                                              
    (j)(4) Inspection/testing of process       III.3.e.(6).             
     equipment.                                                         
    (j)(5) Equipment repair..................  III.3.e.(6).             
    (l) Management of change(s)..............  III.5.                   
    (m) Incident investigation...............  III.4.a.                 

[[Page 28661]]

                                                                        
    (n) Emergency planning and response......  I.1; II.1; II.2; II.2.d; 
                                                III.2; III.2.a; III.2.b.
    (o)(1) Certification of compliance.......  III.6.                   
1910.165  Employee alarm systems:                                       
    (b) General requirements.................  III.3.e.(3).             
    (b)(1) Purpose of alarm system...........  III.2; III.2.a.          
    (b)(4) Preferred means of reporting        III.2.                   
     emergencies.                                                       
    (d) Maintenance and testing..............  III.3.e.(6).             
1910.272  Grain handling facilities:                                    
    (d) Development/implementation of          I.1; III.2.              
     emergency action plan.                                             
------------------------------------------------------------------------
                     OSHA HAZWOPER (29 CFR 1910.120)                    
                                                                        
------------------------------------------------------------------------
1910.120(k)  Decontamination.................  III.3.c.(6).             
1910.120(l)  Emergency response program......  I.1.                     
    (1) Emergency response plan:                                        
        (i) An emergency response plan shall                            
         be developed and implemented by all                            
         employers within the scope of this                             
         section to handle anticipated                                  
         emergencies prior to the                                       
         commencement of hazardous waste                                
         operations.                                                    
        (ii) Employers who will evacuate                                
         their employees from the workplace                             
         when an emergency occurs, and who do                           
         not permit any of their employees to                           
         assist in handling the emergency,                              
         are exempt from the requirements of                            
         this paragraph if they provide an                              
         emergency action plan complying with                           
         section 1910.38(a) of this part.                               
    (2) Elements of an emergency response                               
     plan:                                                              
        (i) Pre-emergency planning and         I.4.f; II.2.b; II.2.c;   
         coordination with outside parties.     III.2.b; III.2.c;       
                                                III.3.b.(4); III.3.d.   
        (ii) Personnel roles, lines of         I.4.f; II.2.b; III.2.a;  
         authority, and communication.          III.2.c; III.3.b.(4);   
                                                III.3.e.(4).            
        (iii) Emergency recognition and        II.1; III.7.             
         prevention.                                                    
        (iv) Safe distances and places of      III.3.b.(3); III.3.d.(2).
         refuge.                                                        
        (v) Site security and control........  III.3.d.(2); III.3.e.(2).
        (vi) Evacuation routes and procedures  II.2.d; III.3.b.(3)      
        (vii) Decontamination procedures.....  III.3.c.(6).             
        (viii) Emergency medical treatment     II.2.d; III.3.c.(7);     
         and response procedures.               III.3.e.(1).            
        (ix) Emergency alerting and response   II.2; II.2.a; II.2.f;    
         procedures.                            II.4; III.2; III.2.a;   
                                                III.2.b; III.2.c;       
                                                III.3.d.                
        (x) Critique of response and follow-   II.3; III.4; III.4.a;    
         up.                                    III.6.                  
        (xi) PPE and emergency equipment.....  III.3.e.(6); III.3.f.(3);
                                                III.3.d.(2);            
                                                III.3.e.(6);            
                                                III.3.f.(3).            
    (3) Procedures for handling emergency                               
     incidents:                                                         
        (i) Additional elements of emergency                            
         response plans:                                                
            (A) Site topography, layout, and   III.1.c.                 
             prevailing weather conditions.                             
            (B) Procedures for reporting       II.2.a; III.2.           
             incidents to local, state, and                             
             federal government agencies.                               
        (ii) The emergency response plan                                
         shall be a separate section of the                             
         Site Safety and Health Plan.                                   
        (iii) The emergency response plan      III.3.e.                 
         shall be compatible with the                                   
         disaster, fire, and/or emergency                               
         response plans of local, state, and                            
         federal agencies.                                              
        (iv) The emergency response plan       III.5.                   
         shall be rehearsed regularly as part                           
         of the overall training program for                            
         site operations.                                               
        (v) The site emergency response plan                            
         shall be reviewed periodically and,                            
         as necessary, be amended to keep it                            
         current with new or changing site                              
         conditions or information.                                     
        (vi) An employee alarm system shall                             
         be installed in accordance with 29                             
         CFR 1910.165 to notify employees of                            
         an emergency situation; to stop work                           
         activities if necessary; to lower                              
         background noise in order to speed                             
         communications; and to begin                                   
         emergency procedures.                                          
        (vii) Based upon the information       II.2.c; II.2.d.          
         available at time of the emergency,                            
         the employer shall evaluate the                                
         incident and the site response                                 
         capabilities and proceed with the                              
         appropriate steps to implement the                             
         site emergency response plan.                                  
1910.120(p)(8)  Emergency response program:    I.1                      
     (i) Emergency response plan.                                       
     (ii) Elements of an emergency response                             
     plan:                                                              
        (A) Pre-emergency planning and         I.4.f; II.2.b; II.2.b;   
         coordination with outside parties.     III.2.b; III.2.c;       
                                                III.3.b.(4); III.3.d.   
        (B) Personnel roles, lines of          I.4.f; II.2.b; III.2.c;  
         authority, and communication.          III.2.c; III.3.b.(4);   
                                                III.3.e.(4).            
         (C) Emergency recognition and         II.1; III.7              
         prevention.                                                    
        (D) Safe distances and places of       III.3.b.(3); III.3.d.(2) 
         refuge.                                                        
        (E) Site security and control........  III.3.d.(2); III.3.e.(2) 
        (F) Evacuation routes and procedures.  II.2.d; III.3.b.(3).     
        (G) Decontamination procedures.......  III.3.c.(6).             
        (H) Emergency medical treatment and    II.2.d; III.3.c.(7);     
         response procedures.                   III.3.e.(1).            
        (I) Emergency alerting and response    II.2; II.2.a; II.2.f;    
         procedures.                            II.4; III.2; III.2.a;   
                                                III.2.b; III.2.c;       
                                                III.3.d.                

[[Page 28662]]

                                                                        
        (J) Critique of response and follow-   II.3; III.4; III.4.a;    
         up.                                    III.6.                  
        (K) PPE and emergency equipment......  III.3.e.(6); III.3.f.(3);
                                                III.3.d.(2);            
                                                III.3.e.(6);            
                                                III.3.f.(3).            
    (iii) Training...........................  III.5.                   
    (iv) Procedures for handling emergency                              
     incidents:                                                         
         (A) Additional elements of emergency                           
         response plans:                                                
             (1) Site topography, layout, and  III.1.c; III.3.d.(1).    
             prevailing weather conditions.                             
            (2) Procedures for reporting       II.2.a; III.2.           
             incidents to local, state, and                             
             federal government agencies.                               
        (B) The emergency response plan shall   III.3.e.                
         be compatible and integrated with                              
         the disaster, fire and/or emergency                            
         response plans of local, state, and                            
         federal agencies.                                              
         (C) The emergency response plan                                
         shall be rehearsed regularly as part                           
         of the overall training program for                            
         site operations.                                               
        (D) The site emergency response plan                            
         shall be reviewed periodically and,                            
         as necessary, be amended to keep it                            
         current with new or changing site                              
         conditions or information.                                     
        (E) An employee alarm system shall be                           
         installed in accordance with 29 CFR                            
         1910.165.                                                      
        (F) Based upon the information         II.2.d; II.2.e;          
         available at the time of the           III.3.d.(1).            
         emergency, the employer shall                                  
         evaluate the incident and the site                             
         response capabilities and proceed                              
         with the appropriate steps to                                  
         implement the site emergency                                   
         response plan                                                  
1910.120(q)  Emergency response to hazardous                            
 substance releases:                                                    
    (1) Emergency response plan..............  III.3.1.                 
    (2) Elements of an emergency response                               
     plan:                                                              
        (i) Pre-emergency planning and         I.4.f; II.2.b; II.2.c;   
         coordination with outside parties.     III.2.b; III.2.c;       
                                                III.3.b.(4); III.3.d.   
        (ii) Personnel roles, lines of         I.4.f; II.2.b; III.2.b;  
         authority, training, and               III.2.c; III.3.b.(4);   
         communication.                         III.3.e.(4).            
        (iii) Emergency recognition and        II.1; III.7.             
         prevention.                                                    
        (iv) Safe distances and places of      III.3.b.(3); III.3.d.(2).
         refuge.                                                        
        (v) Site security and control........  III.3.d.(2); III.3.e.(2).
        (vi) Evacuation routes and procedures  II.2.d; III.3.b.(3).     
        (vii) Decontamination procedures.....  III.3.c.(6).             
        (viii) Emergency medical treatment     II.2.d; III.3.c.(7);     
         and response procedures.               III.3.e.(1).            
        (ix) Emergency alerting and response   II.2; II.2.a; II.2.f;    
         procedures.                            II.4; III.2; III.2.a;   
                                                III.2.b; III.2.c;       
                                                III.3.d.                
        (x) Critique of response and follow-   II.3; III.4; III.4.a;    
         up.                                    III.6.                  
        (xi) PPE and emergency equipment.....  III.3.e.(6); III.3.f.(3);
                                                III.3.d.(2);            
                                                III.3.e.(6);            
                                                III.3.f.(3).            
        (xii) Emergency response plan          III.3.e; III.8.          
         coordination and integration.                                  
    (3) Procedures for handling emergency                               
     response:                                                          
        (i) The senior emergency response      II.2.b; III.3; III.3.a;  
         official responding to an emergency    III.3.b; III.3.b.(1);   
         shall become the individual in         III.3.b.(2);            
         charge of a site-specific Incident     III.3.e.(3).            
         Command System (ICS).                                          
        (ii) The individual in charge of the   II.2.c; II.2.d;          
         ICS shall identify, to the extent      III.3.c.(3).            
         possible, all hazardous substances                             
         or conditions present and shall                                
         address as appropriate site                                    
         analysis, use of engineering                                   
         controls, maximum exposure limits,                             
         hazardous substance handling                                   
         procedures, and use of any new                                 
         technologies.                                                  
        (iii) Implementation of appropriate    II.2.c; II.2.d; II.2.e;  
         emergency operations and use of PPE.   III.3.c; III.3.c.(1);   
                                                III.3.d.(1);            
                                                III.3.d.(2).            
        (iv) Employees engaged in emergency    II.2.d.                  
         response and exposed to hazardous                              
         substances presenting an inhalation                            
         hazard or potential inhalation                                 
         hazard shall wear positive pressure                            
         self-contained breathing apparatus                             
         while engaged in emergency response.                           
        (v) The individual in charge of the    III.3.c; III.3.e.(5).    
         ICS shall limit the number of                                  
         emergency response personnel at the                            
         emergency site, in those areas of                              
         potential or actual exposure to                                
         incident or site hazards, to those                             
         who are actively performing                                    
         emergency operations.                                          
        (vi) Backup personnel shall stand by   II.2.d; III.3.e.(5).     
         with equipment ready to provide                                
         assistance or rescue.                                          
        (vii) The individual in charge of the  II.2.d; III.3.b.(3).     
         ICS shall designate a safety                                   
         official, who is knowledgeable in                              
         the operations being implemented at                            
         the emergency response site.                                   
        (viii) When activities are judged by   III.3.b.(3).             
         the safety official to be an IDLH                              
         condition and/or to involve an                                 
         imminent danger condition, the                                 
         safety official shall have authority                           
         to alter, suspend, or terminate                                
         those activities.                                              
        (ix) After emergency operations have   III.3.c.(6).             
         terminated, the individual in charge                           
         of the ICS shall implement                                     
         appropriate decontamination                                    
         procedures.                                                    

[[Page 28663]]

                                                                        
        (x) When deemed necessary for meeting                           
         the tasks at hand, approved self-                              
         contained compressed air breathing                             
         apparatus may be used with approved                            
         cylinders from other approved self-                            
         contained compressed air breathing                             
         apparatus provided that such                                   
         cylinders are of the same capacity                             
         and pressure rating.                                           
    (4) Skilled support personnel.                                      
    (5) Specialist employees.                                           
    (6) Training                               III.5.                   
    (7) Trainers.                                                       
    (8) Refresher training.                                             
    (9) Medical surveillance and                                        
     consultation.                                                      
    (10) Chemical protective clothing.                                  
    (11) Post-emergency response operations.                            
------------------------------------------------------------------------
             EPA's Risk Management Program (40 CFR Part 68)             
                                                                        
------------------------------------------------------------------------
68.20-36  Offsite consequence analysis.......  III.3.d.(1).             
68.42  Five-year accident history............  III.4.b.                 
68.50  Hazard review.........................  III.3.d.(1).             
68.60  Incident investigation................  III.4.a                  
68.67  Process hazards analysis..............  III.3.d.(1)              
68.81  Incident investigation................  III.4.a                  
68.95(a)  Elements of an emergency response                             
 program:                                                               
    (1) Elements of an emergency response                               
     plan:                                                              
        (i) Procedures for informing the       II.2.a; III.2.           
         public and emergency response                                  
         agencies about accidental releases.                            
        (ii) Documentation of proper first-    III.3.c.(7); III.3.e.(1).
         aid and emergency medical treatment                            
         necessary to treat accidental human                            
         exposures.                                                     
        (iii) Procedures and measures for      II.1; II.2; II.3; II.4;  
         emergency response after an            III.3.a-c.              
         accidental release of a regulated                              
         substance.                                                     
    (2) Procedures for the use of emergency    III.3.e.(6).             
     response equipment and for its                                     
     inspection, testing, and maintenance.                              
    (3) Training for all employees in          III.5.                   
     relevant procedures.                                               
    (4) Procedures to review and update the    III.6.                   
     emergency response plan.                                           
68.95(b)  Compliance with other federal                                 
 contingency plan regulations.                                          
68.95(c)  Coordination with the community                               
 emergency response plan.                                               
------------------------------------------------------------------------
Notes to Attachment 3                                                   
\1\ Facilities should be aware that most states have been authorized by 
  EPA to implement RCRA contingency planning requirements in place of   
  the federal requirements listed. Thus, in many cases state            
  requirements may not track this matrix. Facilities must coordinate    
  with their respective states to ensure an ICP complies with state RCRA
  requirements.                                                         
\2\ Facilities should be aware that most states have been authorized by 
  EPA to implement RCRA contingency planning requirements in place of   
  the federal requirements listed. Thus, in many cases state            
  requirements may not track this matrix. Facilities must coordinate    
  with their respective states to ensure an ICP complies with state RCRA
  requirements.                                                         
\3\ Facilities should be aware that most states have been authorized by 
  EPA to implement RCRA contingency planning requirements in place of   
  the federal requirements listed. Thus, in many cases state            
  requirements may not track this matrix. Facilities must coordinate    
  with their respective states to ensure an ICP complies with state RCRA
  requirements.                                                         
\4\ Section 264.56 is incorporated by reference at Sec.  264.52(a).     
\5\ Incorporates by reference Sec.  264.37.                             
\6\ Section 265.56 is incorporated by reference at Sec.  265.52(a).     
\7\ Incorporates by reference Sec.  265.37.                             
\8\ Section 279.52(b)(6) is incorporated by reference at Sec.           
  279.52(b)(2)(i).                                                      
\9\ Incorporates by reference Sec.  279.52(a)(6).                       
\10\ Non-response planning parts of this regulation (e.g., prevention   
  provisions) require a specified format.                               
\11\ If a facility is required to develop a strong oil spill contingency
  plan under this section, the requirement can be met through the ICP.  
\12\ The appendix further describes the required elements in 120.20(h). 
  It contains regulatory requirements as well as recommendations.       
\13\ Specific plan requirements for sections listed under 154.1030(b)   
  are contained in 154.1035(a)-(g).                                     
\14\ Note: Sections 154.1045 and 154.1047 contain requirements specific 
  to facilities that handle, store, or transport Group I-IV oils and    
  Group V oils, respectively.                                           
\15\ Ibid.                                                              
\16\ Section 1910.38(a)(3) incorporates 29 CFR 1910.165 by reference.   



[[Page 28664]]

    Dated: April 18, 1996.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response, 
U.S. Environmental Protection Agency.

    Dated: April 22, 1996.
Rear Admiral James C. Card,
Chief, Marine Safety and Environmental Protection Directorate, U.S. 
Coast Guard.

    Dated: April 18, 1996.
Richard B. Felder,
Associate Administrator for Pipeline Safety, Research and Special 
Programs Administration, U.S. Department of Transportation.

    Dated: April 18, 1996.
John B. Moran,
Director of Policy, Occupational Safety and Health Administration, 
Department of Labor.

    Dated: April 18, 1996.
Thomas Gernhofer,
Associate Director, Offshore Minerals Management, Minerals Management 
Service, Department of the Interior.

[FR Doc. 96-13712 Filed 6-4-96; 8:45 am]
BILLING CODE 6560-50-P

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