560 FW 3
Reporting Releases of Hazardous Substances, Oil Discharges, and Contaminated Sites

Supersedes 560 FW 3, FWM 417, 01/31/03

Date:  November 5, 2009

Series: Pollution Control

Part 560: Pollution at FWS Facilities

Originating Office: Division of Engineering

 

 

PDF Version

 

3.1 What is the purpose of this chapter? This chapter identifies our requirements and procedures for reporting: 

 

A. Releases of hazardous substances;

 

B. Oil discharges;

 

C. Transportation accidents involving releases of hazardous substances, pollutants, and contaminants, including oil;

 

D. Liquid and gas pipeline releases; and

 

E. Contaminated sites. 

 

3.2 What terms do you need to know to understand this chapter?

 

A. Discharge (including a substantial threat of discharge) includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of oil. The following discharges are excluded:

 

(1) Discharges that comply with a permit under Section 402 of the Clean Water Act, or

 

(2) Are continuous or anticipated intermittent discharges from a point source, identified in a permit under Section 402 of the Clean Water Act, and caused by events occurring within the scope of relevant operating or treatment systems.

B. Hazardous Liquids are petroleum, petroleum products, or anhydrous ammonia (see 49 CFR 195.2).

C. Hazardous Substance is any substance listed in Table 302.4 of 40 CFR 302.

 

(1) The group includes the following:

 

(a) Substances in section 311(b)(2)(A) of the Clean Water Act that may affect natural resources if discharged into navigable waters;

 

(b) Elements, compounds, mixtures, solutions, or substances listed in section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act (reportable quantities);

 

(c) Hazardous wastes having the characteristics in section 3001 of the Resource Conservation and Recovery Act;

 

(d) Toxic pollutants listed under section 307(a) of the Clean Water Act and which are regulated under the Clean Water Act;

 

(e) Hazardous air pollutants listed in section 112 of the Clean Air Act; and

 

(f) Imminently hazardous chemical substances or mixtures that the Environmental Protection Agency (EPA) has taken action on under section 7 of the Toxic Substances Control Act.

 

(2) Hazardous substances do not include petroleum, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel.

 

D. Navigable waters:  Navigable waters are the waters of the United States, including the territorial seas (see the Clean Water Act sec. 502(7), 33 U.S.C. 1367(7)).

 

E. Release (including the threat of release) means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous substance. Releases exclude:

 

(1) A release solely within a workplace and not the environment (we report this type of spill or release to the Regional Safety and Occupational Health Office);

 

(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

 

(3) Releases of source, byproduct, or special nuclear material from a nuclear incident (the Atomic Energy Act of 1954 defines the requirements for such incidents); and

 

(4) The normal application of fertilizer.

 

F. Reportable Quantity (RQ) is the quantity of any hazardous substance that, when released into the environment, must be reported. The Reportable Quantities are in 40 CFR 302, Table 302.4.

 

3.3 What is the scope of this chapter?

 

A. This chapter applies to the reporting of releases or threats of release of hazardous substances; pollutants or contaminants, including oil discharges; and contaminated sites that occur as a result of our activities or on Service facilities.

 

B. Service facilities are buildings, installations, structures, land, public works, equipment, aircraft, vessels, and other vehicles and property that we own, construct, manufacture, or lease. This includes:

 

(1) Refuges,

 

(2) Hatcheries,

 

(3) Other field stations,

 

(4) Administrative offices, and

 

(5) Any place where we occupy space.

 

3.4 What are the authorities for this chapter?

 

A. Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) (also known as the Clean Water Act).

 

B. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund), as amended (42 U.S.C. 9601 et seq.).

 

C. Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.).

 

D. Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.).

 

E. EPA Regulations on Identification and Listing of Hazardous Waste (40 CFR 261).

 

F. EPA Regulations on National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR 300).

 

G. EPA Regulations on Designation, Reportable Quantities, and Notification (40 CFR 302).

 

H. EPA Regulations on Emergency Planning and Notification (40 CFR 355).

 

I. Department of Transportation (DOT) Regulations on Research and Special Program Administration (49 CFR 171).

 

J. DOT Regulations on Transportation of Natural and other Gas by Pipeline: Annual Reports, Incident Reports, and Safety-related Condition Reports (49 CFR 191).

 

K. DOT Regulations on Transportation of Hazardous Liquids by Pipeline (49 CFR 195).

 

3.5 Who is responsible for administering the program? Table 3-1 describes the responsibilities for this program.

 

Table 3-1: Responsibilities

These employees…

Are responsible for…

A. The Director

Approving policy for this reporting program.

 

B. The Assistant Director – Business Management and Operations

Ensuring policy is in place and overseeing management of the program.

C. Regional Directors and the Director, National Conservation Training Center (NCTC)

Ensuring that Regional facilities comply with all reporting requirements.

D. The Chief, Division of Engineering

Providing guidance and technical assistance to Regional Engineers and Regional Environmental Compliance Coordinators (RECCs) for compliance with program requirements.

 

E. The Chief, Division of Environmental Quality

Developing and distributing Servicewide guidance on discovery, notification, and response to oil spills. Additional information about responding to spills may be found in the Service’s Oil Spill Response Contingency Plan. You can find a copy of this plan on the Intranet or ask your Regional Spill Response Coordinator for a copy.

F. The Chief, Division of Safety and Health

Providing assistance to Regional Safety and Health Managers and response personnel for health and safety issues related to reporting contaminated sites, and the spill and release of hazardous substances, pollutants, and contaminants (including oil) (see 240 FW 1).

 

G. Regional Spill Response Coordinators

 (1) Coordinating Regional spill notification activities for spills and releases of hazardous substances, pollutants, and contaminants (including oil); and

 

(2) Coordinating with Regional Safety, Engineering, Law Enforcement, and Natural Resource Damage Assessment personnel and facility response coordinators.

H. Regional Engineers and Regional Environmental Compliance Coordinators (RECC)

(1) Developing procedures for and taking action to minimize risk to human health and the environment associated with spills and releases, and

 

(2) Providing any other technical assistance to field stations.

I. Regional Safety and Occupational Health Managers

Advising field station personnel on actions to minimize risk to human health associated with spills and releases, upon request.

J. Facility Managers/Project Leaders/Field Response Coordinators

(1) Notifying the Regional Spill Response Coordinator and the Regional Environmental Compliance Coordinator about spills and releases, and if needed, seeking assistance on determining whether a release or spill constitutes a reportable release;

 

(2) Contacting the National Response Center to provide the relevant site information if a release or spill constitutes a reportable release;

 

(3) Notifying the Regional Safety and Occupational Health Office about spills and releases;

 

(4) Notifying the State environmental agency about reportable spills and releases, if required; 

 

(5) Once the initial discovery and associated notifications are complete, securing the scene and waiting for instructions for further actions. For example, oil spill responses may follow procedures that are different from a response to a release of hazardous substances;

 

(6) Ensuring that discovery and notification actions for oil spills follow the procedures in the Service’s Oil Spill Response Contingency Plan;

 

(7) Ensuring that personnel involved in oil spill response document the notification process on FWS Form 3-2398, Incident Report Form or equivalent; and

 

(8) Ensuring that stations having a Spill Prevention, Control, and Countermeasures (SPCC) Plan follow the notification procedures identified in their Plan.

 

3.6 What is the National Response Center (NRC)?

 

A. The NRC, located at U.S. Coast Guard Headquarters, is the sole national point of contact for all pollution incident reporting.

 

B. In addition to gathering and distributing spill data for Federal On-Scene Coordinators and serving as the communications and operations center for the National Response Team, the NRC maintains agreements with Federal entities to make additional notifications about incidents meeting established trigger criteria.

 

C. The NRC requires information about what, where, when, and why it happened, and the name, address, and phone number of the person who is reporting the incident.

 

D. The telephone number for NRC is 800-424-8802 or 202-267-2675.

 

3.7 What are the notification/reporting requirements? Table 3-2 provides the notification/reporting requirements.

 

Table 3-2: Notification/Reporting Requirements

 

Type of Release/

Discharge

 

Employees must…

Regulatory and Service Manual References

A. Release of Hazardous Substances

(1) Notify the Regional Spill Response Coordinator, the Regional Environmental Compliance Coordinator, and the Regional Safety and Occupational Health Office about all releases of hazardous substances (including radionuclides). If needed, seek assistance from the Regional Spill Response Coordinator or Regional Environmental Compliance Coordinator to determine whether the release exceeds the Reportable Quantity (RQ).

(2) Notify NRC for releases that exceed RQs and provide relevant site information.

·   40 CFR Part 302 provides RQs and reporting criteria for hazardous substances

·   561 FW 10 gives guidance for complying with CERCLA

B. Oil Discharge

(1) Follow the guidance provided in the Service’s Oil Spill Response Contingency Plan for reporting spills, even minor spills such as those maintenance personnel might encounter.

(2) Notify the Regional Spill Response Coordinator, the Regional Environmental Compliance Coordinator, and the Regional Safety and Occupational Health Office of any oil discharge.

(3) Notify the NRC (in addition to the Regional contacts in #2) if the discharge is of a harmful quantity of oil or hazardous substance from a vessel or facility into navigable waters. EPA has determined that a harmful quantity is any quantity that:

    -Causes a film or sheen,

    -Deposits a sludge or emulsion beneath the surface of the water or on adjoining shorelines, or

    -Violates an applicable water quality standard.

 

·   40 CFR Part 302 provides RQs

·   CWA

·   See 561 FW 3 for more guidance on oil spills and reporting requirements

·   Service’s Oil Spill Response Contingency Plan

 

C. Gas Pipeline Releases

(1) Notify the Regional Spill Response Coordinator, the Regional Environmental Compliance Coordinator, and the Regional Safety and Occupational Health Office of any gas pipeline releases.

(2) Notify the NRC (in addition to the Regional contacts in #1) when:

   -A gas pipeline releases corrosive or flammable gas or liquefied natural gas causing death or injury requiring hospitalization, or

   -There is property damage exceeding $50,000.

·   Requirements are in 49 CFR 191.5

D. Liquid Pipeline Releases

(1) Notify the Regional Spill Response Coordinator, the Regional Environmental Compliance Coordinator, and the Regional Safety and Occupational Health Office about any liquid pipeline releases.

(2) Notify the NRC (in addition to the Regional contacts in #1) when a pipeline releases hazardous liquid or carbon dioxide that causes:

    -Death or injury,

    -An explosion or fire,

    -An escape to the atmosphere of more than five barrels/day of highly volatile liquid or carbon dioxide,

    -Property damage exceeding $50,000, or

    -Pollution of any body of water.

·   Requirements are in 49 CFR 195.52

E. Transportation Accident Releases

Report any transportation accidents involving hazardous materials, including radioactive substances, to the Regional Spill Response Coordinator, the Regional Environmental Compliance Coordinator, and the Regional Safety and Occupational Health Office when, as a direct result of the hazardous material release:

    -There are deaths or injuries requiring hospitalization,

    -The general public is evacuated for 1 hour or more,

    -A major transportation artery or facility is closed or shut down for 1 hour or more, or

    -Breakage or spillage of an etiologic (disease-causing) agent occurs.

·   Requirements are in 49 CFR 171.15

 

F. Abandoned Dump or Waste Sites

Report abandoned dumps or waste sites to the Regional Environmental Compliance Coordinator.

None.

 

For information on the content of this chapter, contact the Division of Engineering. For more information about this Web site, contact Krista Holloway of the Division of Policy and Directives Management. 

 

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