MST PI BOARD

Proper storage of oil samples:
TASK 4.7
*cooler with cold packs on-scene storage

*cool, dark place to minimize any degradation of the samples due to sunlight, heat, or microbial activity

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*explosion proof or flammable regrigerator that can be locked

*40-42 F DO NOT FREEZE SAMPLES!

ABSORBENT:
*When a pollutant actually pentrates the suraface

*sucks up the pollutant

*sponge

Adsorbent:
*When a pollutant is attracted and adheres to the surface

*attracts the pollutant

*magnet

Evidence:
TASK 4.3
*Any matter of fact from which an inference may be drawn as to

*A second matter of fact that is in question

Direct Evidence:
TASK 4.3
Evidence which in itself (no need for inference or reasoning) PROVES the source of the discharge or SHOWS the path of the discharge, such as a witness statement about the discharge, or pictures and video showing the path from the source to the water.
Circumstantial Evidence:
TASK 4.3
Evidence which does not in itself PROVE the source of the discharge or SHOW the path, but which does show an association, such as when a given vessel carries black oil and the slick was black oil, or where slick samples match a susected source
SERIOUS MARINE INCIDENT:
*46CFR4.03-2*

*Includes any Marine Casuality or acciden to be reported if any of the following:
*1 or more deaths
*An injury of any person that requires medical treatment beyond 1st aid or an employee is unable to perform duties
*Damage to property >$100,000-actual or constructive total loss of any VSL subject to inspection under 46USC3301
*Actual or constructive total loss of any self-propelled VS of great than or equal to 100GT

*A discharge greater than or equal to 10,000GAL of oil into the navigable waters of the U.S., whether resulting from a MC or not.

*A discharge of a reportable quantity of a Hazardous substance.

Responsible Parties:
TASK 1.4
*40CFR300.5* OPA90!!!

*The person in charge or company owning a facility/vessel/pipeline etc.

*vessel: owner/operator/demise charterer
*onshore: facility other than a pipeline owner/operator

*offshore factility: lessee/permittel holder of a right of use and easement granted
*licensed deepwater port: licensee
*pipeline: owner/operator

Authorized Access To PRivate Property:
TASK 1.6
*owner authorizes access
*take care to minimize property damage
*use common sense while on the premises
Entering Private Property: TASK 1.6
*In general no warrant is needed to enter private property on or near navigable waterways -To minimize the possibility of a spill -Minimize damaging effects of a spill -Determine severity of a spill -Determine source of a spill -Decide possible courses of action to mitigate spill damage
Owner not available to authorize entry onto private property:
TASK 1.6
*Should continue to use every resouce possible to establish contact while proceeding with the investigation

-seek assistance from unit
-Once contact is made-explain the situation and the reason you will need to gain access
-Have local authorities or CG when doing so

Owner Refuses Access to Private Property:
TASK1.6
-attempt to persaude
-Seek Assistance from district legal to obtain court order forms
-Using force is allowed-only in emergency
-NO BREACH OF PEACE OR PERSONAL INJURY!
Once Access to PRivate Property is gained:
TASK 1.6
-Document the condition of the property: photos/video

-ensure the property is safe/secured upon leaving
-professional bearing maintained & common sense used
-continued attempts to contact owner should be made

Gaining Access to Pivate Property After Initial Response: TASK 1.6
-Entering private property for an investigation is different than entering for initial response -may fall under illegal search and seizure -no emergency situation -only enter with owners consent or court order
Why shall Coast Guard Personnel not Operate non-CG owned equipment: TASK 4.19
*MSM VOL1* -safety hazards -not properly trained -Lack of Familiarization -unknown condition -liability if broken
What is a CG3639A: TASK 4.23
-A water Pollution Incident Report Work Book -A Blue BOOK -USCG SEC NOLA DOES NOT USE THEM
Laws Applicable to Conducting Pollution Investigations:
TASK1.1
-Refuse ACt of 1899
-Clean Water Act of 1977 (CWA)
-Oil Pollution Act Of 1990 (OPA 90)
-Comprensive Environmental Response Compensation Liability Act of 1980 (CERCLA)
-Superfund Amendments and Reauthorization Act of 1986 (SARA)
-Resource Conservation and Recovery Act of 1976 (RCRA)
-Act of Prevent Pollution from Ships (APPS)
-Prvacy Act
Reporatble Quantity:
TASK 1.3
*CERCLA*40CFR302*
-302.4 TABLE “List of Hazardous Substances and Reportable Quantities”, the release of which requires notification pursuant to 302.6
Harmful Quantity:
TASK1.3
*40CFR110.3*
-Discharges of oil in such quantities that violate applcable water quality or cause a fim. sheen or discoloration of the surface of the water or adjoining shorlines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines
Reportable quantity: TASK 1.3

*FWPCA*40CFR117*

The quantity, as set forth in the 117.3 table “Reportable Quantities of Hazardous Substances Designated Pursuant to Section 311 of the Clean Water Act”

Navigable Water:
TASK 1.5
*40CFR 110.1*
All waters that are currently used, were used in the past,
or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide
Purpose and Use of an admin Order: TASK 1.9
*OPA90*33CFR1.01-80* Tyically used if the RP is not cleaning up their spill to the satisfaction of the FOSCR. The admin order directs them in how they should proceed in the clean up.
Describe the Purpose, use and meaning of a NOtice of Federal Interest. Explain the meaning of limits of liability: TASK1.11
Notifies any possible party (RP) that they may be responsible for the spill. If the RP does not take action for the clean-up, the government assumes responsiblity for the clean-up -The RP could be held liable for 3x the actual cost of the clean-up if found responsible for the spill. -Esure that the person receiving the NOFI knows that by signing it, it is not an admition of guilt and only an acknowledgement of receipt.
Tpes of Pollution Incident Requiring Reports and Identify the Applicatble Laws/Reulations:
TASK2.1
*33CFR153.201*
-Any person incharge of a vessel or of an onshore or offshore facilit shall, as soon as they have knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of any U.S. applicable laws immediately notify the National Response Center or the nearest predesignated USCG or EPA OSC for the geographic area where the discharge occurs or the nearest USCG unit
State the Information to be Gathered During An initial Report of the Discovery of a Spill or Discharge: TASK2.4
-name, address and phone number of reporting party -Name,address and phone number of Suspected RP -When and where the spill occured -Type of material spilled -Amount of material spilled -source and cause of the spill -is the source of the soll secured -present response activities -any hazards accociated with the spilled material -other agencies notified
Courses of Action Upon Receipt of an Initial Report of Pollution: TASK 2.7
-Phone Investigation -Dispatch a PI team to conduct an investigation -Requesting an over-flight by USCG or USCG Auxiliary -Questioning local law enforcement or FP to verify information -Contacting an OSRO for clean-up actions
Describe Hazards associated with confined Spaces:
TASK 3.9
0(2) deficient/enriched atmosphere
-flammable atmosphere
-toxic atmosphere
-extreme temperature
-engulfment hazard
-extreme noise
-slick/wet surface & tripping hazards
-Falling Objects
-Potential for rapidly changing atmosphere
Define Coast Guard Policy Concerning Confined Space Entry:
TASK 3.9
NO entry unless certified by a marine chemist, industrial hygenist, gas free engineer or, in some cases, a coast guard competent person
CONFIED SPACE:
TASK 3.9
Must be any one of the following:
-limited openings for entry and exit
-unfavorable/inadequate ventilation
-Not Designated for Continuous human occupancy
Confined Space:
COMDTINST M5100.47 CHAPTER 6 CHANGE II
MSM VOL 1. CHP 10 & app A,C,G to ch.10
*29CFR1910.146*
Has all three Charactistics:
-is large enough and so configured that an employee can bodily enter & perform assigned work
-Has limited or restricted means for entry or exit
-is not desined for continuous employee occupancy
Refuse Act:

*33USC403*

 -written to be enforced by the Army Corps of Engineers
-initially passed to prevent obstruction to navigation and interference with waterway development

-criminal in nature/ no civil penalties
-$500-2500 & 30days imprisonment- 1 year
-if everything else fails- use this one

CERCLA

*COMPREHENSIVE ENVIRONMENTAL RESPONSE AND COMPENSATION LIABILITY ACT OF 1980*
Love Canal- Hook Chemical dumped chemical by-products into an unfinished canal in Buffalo-1977 many health problems & residents evacuated.
-Gave Gov’t the ability to respond to & clean up hazadous waste sites & spills
-Required, anytime a reportable quanity of a HAZ. SUB. was RELEASED into the environment, the SPILLER had to report and cleanup the spill

-Only HAZ. SUB. (40CFR302) FINAL RQ
-Created $1.6 billion superfund NAtional Priorities LIST (40CFR300B)
-$40k per day per violation/criminal

SARA
Superfund Amendment and reauthorization Act of 1986
Am to CERCLA
Reauthorize CERCLA’s SUPERFUND (authorized for 5yrs)
and raised it to $8.5 billion
-released: abondoned drums & containers
-Right to know act: requires facilities to inform the community around them what is being produced within that Facility (Material Safety Data Sheets)
RCRA
Resourse Conservation and Recovery Act of 1976
40CFR261
-“Cradle to the Grave”: HAZ WASTE generator is responsible for the HAZWAS as long as it exists
-Controls the handling, transportation, treatment, storage and disposal of HAZWASTE recovered during response and removal actions
-EST. REG’s for storage and disposal during a response
-Amended the Solid waste Disposal Act
Facilities
33CFR154
*Applicability:
each facility that is capable of transferring oil or HAZMAT, in bulk to or from a VSL, Where the vsl has a total capacity, from a combination of all bulk products carried of 250BRLS or more.
*PURPOSE:
Guidance on the information and requirements and equipment that need to be met before operating
VESSELS

33CFR155

APPLICABILITY
each ship that is operated under the authority of the US and any ship under any other flag operating on the nav. waters of the US except warships or those exempted by MARPOL purpose provide guidance on requirements that must be met in order to prevent pollution by oil or haz. sub.

TRANSFER OPERATIONS
*33CFR156*
APPLICABILITY: the transfer of oil or HAZMAT on the NAV. waters or contiguous zone of the US to, from or within each VSL with a capacity of 250 barrels or more except within a public vessels
PURPOSE: to put in writing regulations requirements to be met before a transfer operation of oil or haz sub. can be completed.
MARPOL
APPLICABILITY: Ships entitled to fly the flag of a party to the convention; Ships not entitled to fly the flag of a party but which operate under the authority of a party

Purpose: to prevent the pollution of the sea by a discharge of the products covered in the annex

Report of Violation Legal Authority
Class 1 civil penalty
33CFR27 table of fines
Notice of Violation legal Authority
civil penalties immediate notification to the resonsible party

must have all 5 elements

International Convention for Prevention of Pollution from Ships, Marine Pollution 1973/1978
-Main international Convention 02NOV1973 -covered pollution by oil, chemicals, harmful substances in packaged form, sewage and garbage -Standards for stowing, handling, shipping and transferring pollutant cargoes ; discharge of shipboard waste -Annex 1-oil/2-NLS/3-harmful sub. in packaged forms/4-Sewage/5-garbage/6-air pollution -Flag state ; fort state activities: A flag state that ratifies the convention must ensure its vessels meet the requirments
-Also requires that reception facilities be provided to receive waste that cannot be discharged at sea CFR enforced by the USCG in U.S water;
Privacy Act
5USC552a(e)(3)
personal information(name, address, phone, and place of employment) will only be used for the purposes of the investigation. Information will be used to contact the person if more info is needed or to clarify aspects of the statement and the civil or criminal proceedings which may result from the invest. Also, the disclosure of the person’s information is voluntary
FWPCA
*Federal Water Pollution Control Act of 1972*
33USC1321/40CFR87-135/40CFR300
-T/V Torrey Canyon-1967 860k barrels oil-England
-Cayahoga River-Ohio