Pollution Responder PQS

  1. Pollution Enforcement
    • 13USC1321(b)(3)
    • Discharge of oil/Hazmat into a navigable waterway of the US or adjoining shoreline or contiguous zone.
  2. National Oil Spill and Hazardous Substance Contingency Plan
    • 40CFR300
    • Provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of HAZMAT.
  3. Unit Area Contingency Plan
    • Required to contain sufficient guidance to ensure activities directed by FOSC's are conducted in compliance with applicable statutes and regulations.
    • One gulf plan
  4. Vessel/Facility Response Plans
    • Vessel: 33CFR155 Subpart D – Submits plan to be approved by Commandant.
    • Facility: 33CFR154 Subpart F – Plan approved by COTP.
    • Legislation from OPA90 requires vessels and facilities that transfer oil subject to the jurisdiction of the US.
    • Applies to fixed facilities capable of transferring oil to or from a vessel with 250bbl capacity or more.
  5. Outer Continental Shelf Response Plan
    Owner/Operator of the oil transferring facility located seaward of the coast line must submit a spill response plan to MMS for approval.
  6. Hazardous Waste
    Any material that is subject to the EPA’s Hazardous Waste Manifest specified in 40CFR262.
  7. Hazardous Substance
  8. Hazardous Material
    • 49CFR172.101 Table
    • Anything listed on the 101 table.
  9. Oil
    • Any kind or any form, including but not limited to petroleum, fuel oil, sludge, oil refuse and oil mixtures/wastes other than drudge spoils.
    • Slippery
    • Viscous
    • Not miscible with water
  10. Release vs. Discharge
    • Release – Spill, leaking, pumping, etc. of chemicals and HAZMAT
    • Discharge – Any spilling, leaking, pumping, etc. of Oil.
  11. Harmful Quantity
    • 40CFR110.3
    • The quantity that causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
  12. Reportable Quantity
    • 40CFR117.3
    • 40CFR302.4
  13. Responsible Party
    • Vessel: Owner, operator, demise chartering the vessel.
    • Facility Owner, operator of the facility, or the lessee/tenant assigned right to use the property/facility; federal or state entities are exempt.
  14. Coastal Zone
    • 40CFR300.5
    • All waters subject to the tide, including the great lakes.
  15. Inland Zone
    • 40CFR300.5
    • Environment inland of the coastal zone excluding the Great Lakes.
    • The term inland delineates an area of federal responsibility for responses.
  16. Coastal Waters
    • Waters including U.S. territory of the Great Lakes, their connecting inland rivers, bays, estuaries, shallows, marshes.
    • Waters adjacent to the shorelines containing a measurable quantity of sea water including bays, sounds, bayous and estuaries.
  17. Inland Waters
    • 40CFR300.5
    • Waters shoreward of the demarcation lines dividing high seas from harbors, rivers, and other inland water of the US including the Great Lakes.
  18. Navigable Waterway
    • 40 CFR 111.1
    • All waters that are currently used, were used, or may be susceptible to use in interstate/foreign commerce, including all waters subject to the ebb and flow of the tide.
  19. Exclusive Economic Zone
    • 40CFR300.5
    • Seazone which the U.S. has special rights over the exploration and use of its marine resources.
    • 12NM – 200NM.
  20. Territorial Sea
    • 40CFR300.5
    • A belt of coastal waters at most 12NM form the base line (mean low-water mark) of the coastline.
    • 1-12NM
  21. Contiguous Zone
    • 40CFR300.5
    • 12-24NM
  22. COI - Certificate of Inspection\
    • 46CFR2.01-5
    • CG-841 COI (Domestic)
    • Certificate issued upon completion of the vessel and the determination that the vessel and its equipment are approved by the inspector.
    • Description of the vessel.
    • Routes the vessel may travel.
    • Minimal manning requirements.
    • Safety equipment and appliances required.
    • Maximum number of persons that may be carried.
    • Names of owners/operators
  23. CoD - Certificate of Documentation
    • 46CFR67.1-15
    • Any vessel 5+Tons engaging in fisheries in US navigable waterways, EEZ, or coastwise trade unless exempt are required to have a COD with a valid endorsement appropriate to the activity engaged.
    • A COD is issued with a registry, coastwise, fishery, or recreational.
  24. Declaration of Inspection
    • 33CFR156.150
    • Both PIC parties must fill out DOI before a transfer.
    • Must contain: names, address, date/time of start/finish, spaces for initials for each item listed, and a space for each PIC involved to sign and date.
    • Vessel and Facility must maintain a copy for 1 month.
  25. IOPP - International Oil Prevention Plan Certificate
    • 33CFR151.19
    • Contains vessel particulars, oily-water separator info, oil/sludge/slops tank info and oil discharge arrangements.
    • MARPOL Document/ issued after annual survey
    • All oil tankers 150gross tons+ All non-tankers ships 400 gross tons+
    • Valid for 5 years, unless significant changes are made to vessel.
  26. SOPEP - Shipboard Oil Prevention Emergency Plan
    • 33CFR151.26
    • MARPOL Annex I
    • All domestic vessels
    • All foreign vessels 400GT+, oil tankers 150GT+
    • Written in English and working language of the crew.
    • Contains: intro, preamble, reporting requirements, steps to control a discharge, national and local coordination and appendices.
  27. Oil Record Book
    • 33CFR151.25
    • Tankers 150GT+, Any Ship 400GT+
    • Vessel is required to log any movement of Oil: within the vessel and transferring to/from the vessel.
    • Must be kept for 3 years.
  28. COFR – Certificate of Financial Responsibility
    • 33CFR138.80
    • States the vessel has enough assets to meet the liability for costs and damages.
    • Expires after 3 years.
  29. Official Log Book
    • 46CFR35.07
    • Vessel records all major events that take place.
  30. Cargo Record Book
    • 33CFR151.25
    • For chemical vessels only
    • Lists NLS cargo's loaded, transferred, unloaded
    • NLS tanks are washed, cleaned or ventilated
    • Lists if NLS and NLS washings are discharged out to sea on purpose or by accident.
    • Must be kept for 3 years.
  31. SMPEP - Shipboard Marine Pollution Emergency Plan
    • MARPOL Annex II
    • Chemical Vessels Only
    • SOPEP for NLS
  32. Oil Transfer Procedures
    • 33CFR155.750
    • Essentially an Operations Manual for the vessel
    • Lists products transferable to and from the vessel
    • Required personnel on duty, PICs
    • Emergency shutdown procedures
    • Tank top-off procedures
    • Discharge/release reporting procedures for oil/HAZMAT
    • Hose marking addendum's.
  33. FOIA
    • A public citizen must obtain a FOIA request form specifying the info and submit it to district legal with a fee.
    • Personal info, FOUO and security information cannot be released.
    • District legal office can deny FOIA info release.
    • District legal office has the authority to release info regarding an investigation.
  34. Privacy Act (witness statement)
    • The info provided by a witness will be used to determine the cause of a pollution incident and the RP.
    • The personal info on the witness will only be used in order to further contact him/her.
    • The witness’s statement may be needed for civil or criminal proceedings against the RP.
  35. Inland Spill Categories
    • Minor: Less than 1,000 Gals
    • Medium: 1,000 – 10,000 Gals
    • Major: 10,000 Gals or more
  36. Coastal Spill Categories
    • Minor: Less than 10,000 Gals
    • Medium: 10,000 – 100,000 Gals
    • Major: 100,000 Gals or more
  37. Marine Casualty
    • 46CFR4.03-1
    • Marine casualty or accident applies to events caused by a fall overboard, injury or loss of life of any person.
    • Any grounding, stranding, foundering, flooding, collision, allusion, explosion, or fire.
    • Reduction or loss of vessels power, propulsion, steering.
    • Any incident that impairs the vessels operation, components or cargo.
    • Any incident involving in significant harm to the environment.
  38. Reportable Marine Casualty
    Unintended/intended grounding, striking of a bridge creating a hazard to navigation, environment or vessel safety, loss of propulsion, steering, loss of maneuverability, loss of life, injury requiring professional attention beyond first-aid, property damage greater than $25,000.
  39. Significant harm to the Environment
    • 46CFR4.03-65
    • If In the navigable waters of the United States, a discharge of oil or a release of hazardous substances in quantities equal to or exceeding the RQ.
  40. Data Entry Exception
    • Lack any of the 5 elements
    • No USCG jurisdiction
    • CG will not investigate.
  41. Data Collection
    • 5 elements required
    • Standard investigation procedures
  42. Informal Investigation
    • Would be made in result of a Marine Casualty
    • Investigation would be done at a higher level than a typical MST procedure.
  43. Formal Investigation
    • Made only for a serious marine casualty – more than one death, $100,000+ damages.
    • Conducted at a higher level, usually by CG legal.
  44. NRC Report
    • 1-800-424-8802
    • Contains Reporting parties contact information
    • Location/time/date of the incident
    • Description of the substance, size, color, smell, characteristics.
    • Source/Responsible Party Info
    • Weather information, tides, current, wind, temperature, visibility/cloud cover
    • Other response organizations contact info
  45. External and Internal Notifications
    • Internal: Notifications made within the USCG; IOs, Facilities, etc.
    • External: TGLO, EPA, Fish & Wildlife, etc.
  46. Report number of a Marine Casualty
    • CG-2692
    • 5 Days maximum to make the report.
  47. Trajectory Analysis Tools
    • ALOHA: Creates the oil ploom.
    • MARPLOT: Applies oil plooms to a map.
    • NUCOS: NOAA Unit Converter for Oil Spills.
    • AIDOS: Calculates the dissipation rate of Oil.
    • GNOME: predict how wind, currents, and other processes might move and spread oil spilled on the water.
    • DMP(Dispersant Mission Planner): Tracks dispersant effect on a spill.
    • ATLAS: Provides common environmental patters for areas, such as rain fall, temperature, etc.
  48. HAZWOPER Safety Requirements
    • 29CFR1910.120:
    • FRAL: 8Hrs.Basic HAZWOPER
    • FROL: 8Hrs. (Same)
    • HMT: 8Hrs + 24Hrs of experience.
    • HMS: 8Hrs + 24Hrs. (Same)
    • OIC: 8Hrs. + 24Hrs. (Same)
  49. Post Emergency HAZWOPER Requirements
    • Occasional workers: No exposure above PEL, 24Hrs off-site training, 1day on-site training, 8Hrs refresher.
    • Regular Workers not exposed above PEL: 24Hrs. off-site training, 1day on-site, 8hrs annual refresher
    • Regular Workers exposed above PEL: 40Hrs. off-site training, 3day on-site training, 8hrs refresher.
    • Managers/Supervisors: Receive same training their personnel plus 8hrs training managing HAZMAT.
  50. Response equipment “Basic Ensemble”
    • MSM CH.10.E.5.a
    • Hardhat
    • Safety glasses
    • Hearing protection
    • Safety shoes
    • PPE.
  51. Hazard Classes
    • 1 Explosives
    • 2 Flammable Gas
    • 3 Flammable Liquids
    • 4 Flammable Solids
    • 5 Oxidizers
    • 6 Poisonous
    • 7 Radioactive
    • 8 Corrosive
    • 9 Miscellaneous
  52. Reactivity
    Potential reactivity between chemicals, air, water other hazards.
  53. Physical State
    • Solid
    • Liquid
    • Gas
    • Plasma
  54. Specific Gravity
    Ratio of density of a material to the ratio of density of water.
  55. Vapor Density
    Weight of a gas compared to the weight of air.
  56. Paths of Entry
    • Inhalation
    • Injection
    • Ingestion
    • Absorption
  57. REL Recommended Exposure Limit
    • Highest Allowable airborne concentration that is not expected to injure a worker.
    • May be expressed as a ceiling limit or a Time Weighted Average (TWA).
  58. PEL Permissible Exposure Limit
    • The amount of a substance a worker can be exposed to over an 8 hour period
    • Enforceable by OSHA
    • (PPM-Parts Per Million)
  59. STEL - Short Term Exposure Limit
    • 4 - 15 Minute intervals with 1 hour break between each interval.
    • May not exceed 4 cycles
  60. USCG Minimum Level forRresponse.
    • COMDTIST 6260.31A Enclosure 3
    • USCG Pollution Responders are required to have the minimum First Responder Operations Level HAZWOPER training
  61. First Responder Operations Level HAZWOPER training
    • Minimum 8HRs basic HAZWOPER and additionally the:
    • Knowledge of basic hazard and risk assessment techniques.
    • Know how to select and use proper personal protective
    • Equipment necessary for the first responder operation level.
    • Understand basic hazardous materials terms.
    • Know how to perform basic control, containment, and/or confinement operations within the capabilities of the resources.
    • Available personal protective equipment.
    • Know how to implement basic decontamination procedures.
  62. CG's action level for LEL on the Four Gas meter?
    10% below LEL.
  63. TLV Threshold Limit Value
    Total exposure that can be tolerated on a daily routine basis without causing an adverse effect.
  64. Immediately Dangerous to Life and Health
    Represents maximum airborne concentration from which one could escape without injury or health effects.
  65. LC50/LD50
    Concentration or dose required to kill 50% of the test population by one of the four routes of entry
  66. Bioaccumulation
    The accumulation of a substance in your body from numerous exposures.
  67. Bio Oxygen Demand
    The amount of the oxygen in water for marine life to survive.
  68. LEL Lower Explosive Limit, LFL Lower Flammable Limit
    Lowest end of the range which the gas or vapor is sufficient to burn or explode if exposed to an ignition source.
  69. UEL Upper Explosive Limit, UFL Upper Flammable Limit
    The upper end of the range at which gas or vapor is sufficient to burn or explode if exposed to an ignition source.
  70. Flash Point
    Lowest temperature at which a flammable liquid gives off sufficient vapor to form an ignitable mixture with air near its surface or within a vessel.
  71. Vapor Pressure
    • The pressure a saturated vapor exerts above its own liquid in closed containers.
    • Reported in mm of mercury. mmHg at 20C.
  72. Benzene
    • Source: Light ends, sweet crude, car exhaust
    • Inhalation hazard
    • Carcinogen
  73. MSM list of substances containing Benzene
    • MSM CH.10 Appendix C Benzene is listed under
    • High-Benzene Content
    • Medium
    • Low-Benzene.
  74. Carbon Dioxide
    • Source: Car exhaust, organic decay, etc.
    • Inhalation
    • Asphyxiation
  75. Hydrogen Disulfide, H2S
    • Source: Sour crude, coke ovens, etc.
    • Toxic Inhalation
  76. Polycyclic Aromatic Hydrocarbon, PHA
    • Source: oil, coal, tar, petro byproducts.
    • Carcinogen/Mutagen Birth Defects
  77. Enriched/Lack of Oxygen
    • Enriched: explosion hazards,.
    • Lack of O2: Asphyxiation
  78. Initial Assessment
    • Verify amount of product from NRC
    • Verify the responsible party
    • Verify the source.
    • Verify effected/sensitive areas.
  79. Describe necessity for additional Assistance
    • FOSCR: If no RP, or RP fails to take action.
    • Marine Investigations: After an incident.
    • Marine Inspections: If a vessel/facility is out of compliance.
    • District Legal: If we need a warrant to enter a place/vessel.
    • Other agencies: TGLO, fish & wildlife.
  80. Adv&Dis-Adv of Physical Barriers
    • Examples: Vessels, piers, walls, bridges.
    • Adv: Neutral collection points
    • DisAdv: May need DeCon, could be sensitive areas themselves, vessels need to move.
  81. Adv&Dis-Adv of Diking/Berming
    • Adv: inexpensive, highly effective.
    • DisAdv: Slow to build, not applicable in most areas.
  82. Adv&Dis-Adv of Trenching
    • Adv: inexpensive, highly effective.
    • DisAdv: Slow to build, not applicable in most areas.
  83. Adv&Dis-Adv of Overflow & Underflow Dams
    • Adv: Highly effective in rivers/streams/collection points, works in debris.
    • DisAdv: Slow to build, not responsive to tide changes
  84. Different types of Boom
    • Internal foam flotation boom
    • Self-Inflating Boom
    • Pressure-Inflatable Boom
    • Fence Boom
  85. Types of Booming
    • Exclusion: Boom placed to exclude oil from an area.
    • Diversion: Boom placement to move the oil into a direction/area with current.
    • Collection: Boom placed in a collection area/low point
    • Containment: Boom usually placed around the source to contain it in one spot.
  86. Weir Skimmer
    • Uses gravity to drain oil off the surface.
    • Connected to an external pumping system.
    • Best with low viscosity, and low debris
    • Works in at least 3ft water.
  87. Suction Skimmer
    • Similar to a Weir, uses gravity.
    • Connected to an external pumping system
  88. Submersion Skimmer
    • Belt-type skimmer.
    • Reverse direction belt skimmer, submerging the oil before it reaches the well.
    • Works best on medium viscosity oils.
  89. Vortex/Centrifugal Skimmer
    • Creates a vortex in center of the skimmer.
    • Water rotates out the bottom of the skimmer, oil separates out of the top.
    • Oil is removed through an exterior suction system.
  90. Rope Mop Skimmer
    • Long pom-pom style rope rotates through a squeegee-well system to remove adhered oil.
    • Rope is passes across the oily area; a boat acts as a pulley at the turn in the rope loop.
  91. Sea State and Skimmer Performance
    • If water is too choppy, most weir and floating skimmers lose performance.
    • Oil recovery mixture becomes too watery.
  92. Water Depth and Skimmer Performance
    • Certain weir and drum/disc skimmers need a minimum depth to operate.
    • Too shallow limits the type of skimmers applicable for use.
  93. Debris and Skimmer Performance
    Many skimmers clog and become ineffective working in debris
  94. Oil Thickness and Skimmer Performance
    • Different skimmers are more effective in oil thickness.
    • The right skimmer must be selected for the product.
  95. Oil Viscosity and Skimmer Performance
    • The ability of the oil to flow effects the skimmers operations.
    • Effects oil/water interface and movability of oil:
  96. Absorbent
    • Absorbent sucks material like a sponge.
    • Materials that pick-up and retain liquid distribution throughout its molecular structure.
  97. Adsorbent
    • Sticks to or adheres to material surface, similar to a drum skimmer.
    • Insoluble material coated by a liquid on its surface, pores and capillaries; without the solid swelling of more than 50% excess liquid.
  98. Organic Sorbents
    • Examples: Peat moss, straw, sawdust, feathers.
    • Generally absorbs 5x - 10x their weight.
    • Safe in environmentally sensitive areas.
  99. Inorganic
    • Examples: Volcanic Ash, vermiculite, Perlite.
    • Absorbs 2x – 6x their weight.
    • Inexpensive, but sometimes hazardous to apply.
  100. Synthetic
    • Examples: Polyurethane, polystyrene, rubber
    • Absorbs up to 25x their weight.
    • Not biodegradable, but inert.
    • High surface area, come in various forms/sizes.
  101. Boom Sorbents
    • In various lengths and diameters.
    • Best used on light surface sheens
    • Dual usage, containment and removal of oil.
  102. Pad, Roll, and Blanket Sorbents
    • Placed in confined areas for extended periods of time.
    • Pads can be reused.
    • Rolls/blankets can be used on walkways, decks or beneath oily equipment.
  103. Sock, Pillow and Sweep Sorbent
    • Pillow and socks can be easy thrown in confined areas
    • Sweeps are long sheets reinforced with roped to be pulled over oily areas.
  104. Snare/Pom-Pom Sorbents
    • Used on rocky and stony areas and inner-tidal flats.
    • Best used for highly viscous oils
  105. Particulate Sorbents
    • Examples: Saw dust, cat litter, cellulose
    • Can be used on rocky and porous areas or otherwise hard to reach.
  106. Site Safety Plan Contents
    • 29CFR1920.120(c)(4)(ii):
    • General Info (Company, address, site safety officer)
    • Emergency Info (Who to notify, numbers to call)
    • Personnel Info (names, numbers, emergency contacts)
    • Hazard evaluation
    • Emergencies services (police, fire, ambulance, evac. route)
    • Work zones, Security Measures, Fire Protection
  107. Applicability of Site Safety Plan
    • 29CFR1920.120(a)(1&2)
    • When HAZMAT has been released/discharged, and Phase III begins, the SSP applies to all responders.
    • Unless employer can demonstrate that operation does not involve employee exposure.
  108. Types of Evidence
    • Documentation – NOFI's, witness statements, etc.
    • Physical – Photographs, physical items.
    • Oil Samples – oil, soil samples, etc.
  109. Define "prima facie" evidence
    Prima facie evidence is that evidence which is sufficient to establish a fact or sustain a judgment unless it is rebutted or contradictory evidence is produced.
  110. Demonstrate handling and process procedures that are unique to each of the following.
    • Civil and Criminal evidence
    • Oil Samples
    • Witness Statements
    • Photographs/video
    • Diagrams and Charts
    • Vessels and/or Facility Logs
  111. Fingerprint Identification
    • 03 samples of the spill.
    • 01 sample from the “heaviest” part portion of clean water, the source of the spill, and the RP(s).
    • Fill jars 2/3 to 3/4 for room to expand.
  112. Confined Spaces
    • 29CFR1910.146:
    • A space large enough to enter and perform work and has limited or restricted means for entry/exit, and not designed for continuous human occupancy.
    • PI's will never enter a confined space
  113. What documents must PRs see before entry into a Confined Space
    • The marine chemist certificate and the competent person log.
    • CG personnel are permitted to enter spaces which have the following designations on the marine chemist certificate
    • "SAFE FOR WORKERS" or "ENTER WITH RESTRICTIONS” respiratory protection for benzene exposure.
    • If the marine chemist certificate has any other designations CG personnel are prohibited from entry for routine inspections.
  114. Conditions to enter private property
    • To minimize the possibility/damaging effects of a spill
    • To determine the severity/source of a spill
    • To decide possible actions to mitigate the spill.
  115. Entry into Secured Property
    • If required takes pictures prior to entry.
    • Do not leave the property unguarded.
    • Make all attempts to contact property owner to gain permission.
  116. Entry into Unsecured Property
    • The owner’s permission shall be sought out prior to entry.
    • Should the owner refuse, OSC should seek District legal for a warrant to enter.
  117. Captain of the port Order
    • Restrict/stop vessel operations
    • Move a vessel to alternate anchorage, dock, location.
    • Deny vessels further entry into U.S. Ports.
    • Detain a vessel in port
  118. Administrative Order
    • A specific directive from the OSC requiring detailed actions or corrective measures to be taken by the RP to clean up the pollution or threatened discharge/release of a pollutant.
    • May be in written or verbal form (verbal must be followed by written form).
  119. Civil Penalty Violations
    • $10,000 max per violation. (never exceed 32,500 per case)
    • Any violation of FWPCA and CIRCLA could be civil penalty.
    • 3+ violations in past 12months
    • If spill is over 1,000gals
    • Must be show Preponderance of evidence
  120. Failure to Notify Violations
    • PIC fails to notify as soon as he/se has knowledge of the discharged
    • First-$15,000
    • Second-$20,000
    • Third-$32,500
  121. Class II Civil Penalty
    • Requires a formal hearing
    • May not exceed $10,000 per day, per violation (never exceed 125,000)
    • Must be show Preponderance of evidence
  122. Criminal Violations
    • Discretion of the District Commander to press charges
    • RP shows negligence or deliberate misconduct.
    • Must be proven Beyond a Reasonable Doubt:
  123. Refuse Act Violations
    • 33USC407
    • Any dumping of trash into a navigable waterway.
  124. MARPOL Violations
    • Discharging any oil into the ocean or oily water separator 15PPM+
    • Discharge of noxious liquids
    • Up-keep of the cargo record book
    • Separation of garbage
  125. Notice of Violation NOV
    • Given to the RP/owners if a LOW has been issued within the last 12 months.
    • At the PI's discretion
  126. Issuance of a LOW
    • Issued in lieu of a Civil Penalty
    • Commercial Entity-25Gals or less
    • Private Entity-50Gals or less
  127. Issuance of a NOV
    • Commercial Entity-25Gals+
    • Private Entity-50Gals+
    • Issued for a spill less than/equal to 1,000Gals
  128. Issuance of a Class I Civil Penalty
    • If RP has 3+ (LOW+2NOV's) in past 12 months
    • Over 1,000gals
    • $10,000 max per violation
  129. Issuance of Class II Civil Penalty
    $10,000 per violation/per day
  130. Judicial Civil Penalty
    Assessed by federal government in lieu of USCG Penalties.
  131. Describe the Letter of Undertaking
    • Issued as a promise on behalf of an entity to pay USCG penalties.
    • Issued by foreign vessels to pay USCG penalties.
    • Protection and Indemnity(P&I club) pays in lieu of the foreign entity.
    • Authority:33USC1321(b)(12), USCG has power to withhold clearance in US ports
  132. Describe the Surety Bond
    Document is evidence of financial responsibility by the RP to pay for the removal/clean-up operation/efforts.
  133. 5 Elements
    • Oil was discharged
    • From a Facility or Vessel
    • Into or on a US Waterway
    • Responsible Party Identified
    • The discharge created a visible sheen, sludge, or emulsion.
  134. Pollution Enforcement
    • 13USC1321(b)(3)
    • Discharge of oil/Hazmat into a navigable waterway of the US or adjoining shoreline or contiguous zone.
  135. What are accepted discharges under the CWA?
    • MSM Ch. 5.B.2.a.(3)(c)
    • The discharge emanated from a point source for which a Section 402 permit (NPDES permit) has been issued or permit application has been made;
    • The discharge was continuous in nature or, if intermittent, anticipated (as evidenced in the specific language of the permit or permit application);
    • The events which caused the discharge were within the scope of the physical operating or treatment systems connected to the point source from which it occurred.
  136. What is a permissible discharge from a properly operating engine
    • MSM Ch.5.B.2.b
    • The "puddling" type, two-stroke outboard engine may be small amounts of unburned oil and gasoline directly into the water as a normal design function of its operation is considered properly functioning even though it emits small amounts of unburned oil and gasoline directly into the water as a normal design function of its operation.
  137. How can EPA's Section 308 information request aid a pollution investigation?
    • IF a Facility is on the EPAs polluter list, the info can be used if the USCG is investigating mystery sheen.
    • The Section 308: This section gives EPA the authority to require all dischargers to maintain adequate monitoring and record-keeping reports, install equipment, sample, and provide other information at the facilities. EPA and its authorized representatives can also inspect facilities or record and monitoring stations.
  138. "Act of god" excuse for pollution incidents
    Act of God can be used as a mitigating factor. An "Act of God" or third-party action is not a defense under Section 311(b)(6); it is a defense only in a clean-up cost recovery action.
Card Set
Pollution Responder PQS
Pollution Responder PQS questions