1. Presidential Declaration of a Major Disaster Emergency Support Function ESF#10 Oil and Hazardous Materials Response Lance Richman, ESF#10 Coordinator EPA Region 9 August 2014

2. What we will cover Presidential Declaration –Declaration Process –Type of Declarations –Stafford Act –National Response Framework What is Emergency Support Function #10 –Federal framework for response and how ESF#10 fits into that framework –Primary agency determination for ESF #10 –ESF #10 deployment –ESF #10 coordination role at the regional and national level Regulations/ Funding Tools –Mission Assignments –Sub-Tasking ESF #10 Responsibilities and Actions –On Scene Coordinator’s Relationship To ESF#10 –Tasks funded and undertaken by ESF -10 (what we can and cannot do under Stafford Act funding)

3. Presidential Declaration

4. Declaration Process “All requests for a declaration by the President that a major disaster exists shall be made by the governor of the affected state.” [or tribe] FEMA regional office – State and FEMA do a PDA (effective response is beyond the capabilities of the state and local governments.)

5. Declaration Type Emergency Declaration –Supplements State and Local efforts –May not exceed $5 million Major Declaration –Supplements State and Local efforts –Individual Assistance –Public Assistance –Hazard Mitigation Assistance

6. STAFFORD ACT When an incident occurs that exceeds or is anticipated to exceed local, tribal, or State resources, the Governor can request Federal assistance under the Stafford Act. The Stafford Act authorizes the President to provide financial and other assistance to State and local governments, certain private nonprofit organizations, and individuals to support response, recovery, and mitigation efforts following Presidential emergency or major disaster declarations. Ordinarily, only the Governor can initiate a request for a Presidential emergency or major disaster declaration. In extraordinary circumstances, the President may unilaterally make such a declaration. The Governor’s request is made through the FEMA Regional Administrator and based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments, and that Federal assistance is necessary. The FEMA Regional Administrator evaluates the damage and requirements for Federal assistance and makes a recommendation to the FEMA Administrator. The FEMA Administrator, acting through the Secretary of Homeland Security, then recommends a course of action to the President. The Governor, appropriate Members of Congress, and Federal departments and agencies are immediately notified of a Presidential declaration.

8. What is Emergency Support Function #10

9. ESF #10 provides for a coordinated Federal response to actual or potential oil and hazardous materials incidents.

10. “EPA or DHS/USCG serves as the primary agency for ESF #10 actions, depending upon whether the incident affects the inland or coastal zone (as defined in Regional and Area Contingency Plans).” “For incidents affecting both, EPA is the primary agency and DHS/USCG serves as the deputy.” (NRF) ESF#10 Primary Agency Determination

11. Deployment of ESF#10 regional and on-scene components Regional Response Coordination Center (RRCC) Joint Field Office (JFO) Incident Command Post (ICP)

12. Deployment of ESF#10

13. Coordination Role of ESF#10

14. Federal Bureau of Investigation (FBI) Joint Operations Center (JOC), when established for terrorist events

15. Supports Federal OSCs and coordinates their activities.

16. Ensures that ESF #10 activities are integrated and coordinated with other Federal, State, tribal, and local response activities

17. Regulations/ Funding Tools

18. Oil Spill Liability Trust Fund (OSLTF) CERCLA (Superfund) Disaster Relief Fund under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 18

19. Type of Pollution IncidentWho DeclaresPlanFunding Most SpillsN/A National Contingency Plan (NCP) OSLTF (oil) Superfund (HAZMAT) Spill of National Significance (SONS) EPA Administrator (inland zone spills) USCG Commandant (coastal zone spills) National Contingency Plan (NCP) OSLTF (oil) Superfund (HAZMAT) Incident of National Significance (IONS) Secretary of Department of Homeland Security (DHS) Usually ESF #10 of the National Response Framework (NRF) Stafford Act Disaster Funding Occasionally, Oil & HAZMAT Incident Annex of NRF (Basically NCP) OSLTF (oil) Superfund (HAZMAT) Stafford Act Disaster/Emergency President Almost Always ESF #10 of the National Response Framework (NRF) Stafford Act Disaster Funding Funding Options

20. Mission Assignment Work order issued by FEMA Operations to Federal agency directing completion of a specific task, and citing funding, other managerial controls, and guidance. Given in anticipation of, or response to Presidential declaration of emergency or major disaster.

21. Mission Assignment ACTIVITIES THAT ARE: Life saving Life sustaining Emergency Response

22. Mission Assignment Federal Operations Support (FOS) “Federal Request for assistance - No State Signature” Direct Federal Assistance (DFA) “State Request - State Signature Required”

23. Mission Assignment Federal Operations Support (FOS): Any type of support to Federal responders 100% Federally funded Before or after declaration “FED to FED” EXAMPLE: Activate ESF-10 to RRCC and/or JFO.

24. Mission Assignment Direct Federal Assistance (DFA) For goods and services beyond State’s capability “Post” Declaration Requested by State Subject to cost-share “Dirty Hands = We do Work” EXAMPLE: Sampling, air monitoring

25. Mission Assignment Role of ESF#10

26. Requester* Submits Action Request Form (ARF) to Operations Section *(State/FEMA/ESF/OFA) Action Tracker (AT) Logs ARF in ARF Log Forwards ARF to the Operations Section Chief Reviews the ARF to determine if: - Eligible for Federal funding - Beyond State/local capability - Constitutes temporary (not permanent) restorative work - Contains a clear/complete request Can the request be met “In-House” by FEMA? FEMA Logistics Receives ARF and determines Initiates procurement via (FF 40-1, credit card) Directs FEMA Assets (LC/DISC) Keeps Operations Section Chief aware of status and completion Yes No Operations Section Chief Coordinates with ESF/OFA to determine ability of ESF/OFA to meet request. Determines if request should be: - MA - Emergency Work /CAT A/B – Public Assistance) - Inter Agency Agreement (IAA) - Long-Term Work assigned to PA as Project Worksheet Assigns MA to Branch Director or other designee/Project Officer (PO) If MA, coordinates with ESF/OFA ESF/OFA that is tasked will appoint an Action Officer (AO) Operations Section Chief or Deputy Determines if: New MA Amended MA MA Tasker MAC/MA Specialist For new or amended MA, enters ARF information into ECAPS and prints a copy. For MA Taskers, enters ARF information into Task Form and prints a copy. Action Tracker Updates ARF Log. Uses ARF Log to track the ARF thru final disposition Mission Assignment (MA) Process Flow Don Biesecker, FEMA R-8 Note: The scale of a disaster may change who has what role within the Operations Section. However, the process remains the same for the Action Tracker, the Mission Assignment Specialist, the Mission Assignment Coordinator, the Branch Directors and the Operations Section Chief. Yes No Rejects ARF & notes reason on ARF. Returns to State Liaison Forwards copy to AT for entering into ARF Log

27. Sub-Tasking

28. ESF #10 Responsibilities and Actions

29. On Scene Coordinator’s Relationship To ESF#10 The Federal OSC joins an ICP already established by local authorities or establishes an ICP at the site and conducts activities from that ICP under a Unified Command. The OSC has the NCP authority to direct oil and hazardous materials response efforts and coordinate all other efforts at the scene of a discharge or release. OSCs involved in implementing ESF #10 actions should maintain close coordination with the regional ESF #10 lead to ensure the response is consistent with national and ESF #10 priorities.

30. What we can do with Stafford Act funding

31. “Appropriate General Actions” actions to prevent, minimize, or mitigate a release; efforts to detect and assess the extent of contamination (including sampling and analysis and environmental monitoring); actions to stabilize the release and prevent the spread of contamination; analysis of options for environmental cleanup and waste disposition; implementation of environmental cleanup; and storage, treatment, and disposal of oil and hazardous materials.

32. Examples of specific actions

33. stabilizing the release through the use of berms, dikes, or impoundments

34. sampling a drinking water supply to determine if there has been intentional contamination;

35. capping of contaminated soils or sludge

36. use of chemicals and other materials to contain or retard the spread of the release or mitigate its effects

37. decontaminating buildings and structures

38. using drainage controls, fences, warning signs, or other security or site-control precautions

39. removing highly contaminated soils from drainage areas

40. removing drums, barrels, tanks, or other bulk containers that contain oil or hazardous materials

41. Collect, categorize and dispose of Household Hazardous Waste

42. Activities that FEMA will not fund through Stafford Act: Testing/assessments of soil, air and waterways for mold and contaminants to determine long term clean-up requirements; Long term site remediation or restoration; Permanent storage of hazardous materials; Cleaning/replacement of equipment that is damaged/contaminated during long term clean- up activities; State/local costs for long-term clean-up measures.

43. And in case you hear about ESF #3 Infrastructure ESF 10 is a support agency – water & debris Sub task by lead agency USACE to provide support

44. “other duties as assigned” ESF1 (Transport) ESF5 (Emergency Management) ESF9 (USCG-SAR) ESF13 (Force Security) ESF15 (External Affairs)

45. Lance Richman Superfund Programs U.S. EPA Pacific Southwest Region 75 Hawthorne St. SFD 9-3 San Francisco, CA 94105 Phone on TWT: 1.415.972.3022 (office voicemail) Phone on MF: 1.510.627.7710 (alternate workspace) 24 Hour Oil Spill Response: 1.800.424.8802 www.epaosc.org/ESF10WorkGroup