Response and recovery actions, roles, and responsibilities are described in numerous policy, legislative, and regulatory documents. These documents vary in their authority and scope, and in the types of incidents to which they apply. Understanding which policies and regulations apply to a particular situation is important step in ensuring effective planning and achieving response and recovery outcomes. Following are brief descriptions of documents that pertain specifically to chemical incidents. Note that this appendix should not be considered a comprehensive review of all relevant documents.
Legislation
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
First signed into law 1947, most recently amended 2003
FIFRA governs the registration, distribution, sale, and use of pesticides. With some exceptions, this includes any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, or any nitrogen stabilizer. Registration requirements include pre-market review of health and environmental effects.
Clean Water Act and Oil Pollution Act (CWA/OPA)
First signed into law 1948, most recently amended 1990
The CWA was enacted in 1948, restructured and expanded in 1972, and amended by the OPA in 1990. The CWA, as amended by the OPA, authorizes response to discharges or threatened discharges of oil and CWA hazardous substances. The CWA applies to a discharge or substantial threat of discharge
- Into or on navigable waters
- On the adjoining shorelines to the navigable waters
- Into or on the waters of the exclusive economic zone
- That may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States.
The CWA and OPA also mandate that facilities with the potential to cause substantial harm to the environment by the discharging of oil into or on navigable water, are required to develop Facility Response Plans (FRPs). FRPs must identify a qualified individual with full response authority, identify available removal resources, describe relevant training/exercises, etc. Under CWA/OPA, EPA and USCG Area Committees are charged with developing Area Contingency Plans (ACPs) for oil spill responses within defined geographic areas. ACPs include information relevant to the economic and environmental importance of the area, federal and local agency response responsibilities, lists of available response resources, etc. A discussion of CWA/OPA as it relates to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund) is provided below.
Clean Air Act (CAA)
First signed into law 1970, most recently amended 1990
The CAA regulates all emissions of pollutants into the atmosphere to control air pollution. The CAA requires that the EPA set national emissions standards for large or ubiquitous sources of air pollution, such as motor vehicles, power plants, and other industrial sources, and authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) which limit hazardous air pollutant (HAP) emissions to protect public health and welfare.
Occupational Safety and Health Act (OSHA)
First signed into law 1970, most recently amended 2004
This act established the Occupational Safety and Health Administration (of the same acronym). The act includes provisions for Hazard Communications Standards (HCS) and Hazardous Waste Operations and Emergency Response Worker Protection (HAZWOPER) Standards. HCS ensures workers have access to information about their occupational hazards and identities of the chemicals they are exposed to while working, and the measures they can take to protect themselves. HCS requirements include labels on containers, safety data sheets, and training programs. HAZWOPER standards establish health and safety requirements for employers engaged in hazardous waste or emergency response operations. Specifically, these standards address required training, mandatory medical surveillance, and maximum exposure limits for workers engaged at hazardous waste site, treatment facilities, and emergency response locations.
In response to a Clean Air Act (CAA) congressional mandate, OSHA developed management requirements for highly hazardous substances, known as the Process Safety Management (PSM) of Highly Hazardous Chemicals standard (29 CFR 1910.119), issued in 1992. The PSM standard requires employers implement safety programs that identify, evaluate, and control hazards associated with explosives, flammable gases and liquids, and 137 listed highly hazardous chemicals. The PSM standard outlines required features, or process safety elements, for employer safety programs, including employee participation, process hazard analysis (PHA), operating procedures, training, pre-startup safety review (PSSR), hot work permits, management of change (MOC), and more.
Marine Protection, Research, and Sanctuaries Act (MPRSA)
First signed into law 1972, most recently amended 1992
The MPRSA, also known as the Ocean Dumping Act, prohibits the dumping of materials into the ocean that unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
Safe Drinking Water Act (SDWA)
First signed into law 1974, most recently amended 1996
The SDWA establishes national drinking water standards, such as maximum contaminant levels and treatment techniques. The SDWA also regulates underground injection control (UIC) wells, banning some types of underground disposal of RCRA hazardous wastes.
Resource Conservation and Recovery Act (RCRA)
First signed into law 1976, most recently amended 1996
The RCRA enables the EPA to regulate solid and hazardous waste[10] throughout its entire life cycle, from generation to disposal, including transportation, treatment, and storage. More generally, the RCRA establishes the framework for a national system of solid waste control, with subsections focusing on hazardous and non-hazardous waste.
The RCRA regulates a large and diverse group of facilities and entities, including hazardous waste generators, government agencies, small businesses, landfills, and gas stations. States play a lead role in implementing the EPA’s RCRA regulations; however, if a state does not maintain a hazardous waste program, the EPA directly implements requirements in that state. The relationship of RCRA with CERCLA is discussed below.
Toxic Substances Control Act (TSCA)
First signed into law 1976, most recently amended 2016
Similarly, to FIFRA, TSCA authorizes the EPA to regulate the production, importation, use, and disposal of specific chemical substances. When passed in 1976, the TSCA applied to any chemicals that posed an “unreasonable risk to health or the environment”. However, from enactment onward, TSCA regulations have applied to nearly[11] all new chemicals, regardless of whether they are toxic or pose particular risks. The EPA is required to maintain an inventory of all substances regulated by the TSCA, which contains more than 83,000 chemicals and counting. EPA provisions under the TSCA include prohibiting the manufacture or certain uses of particular chemicals; requiring labeling, testing, and record-keeping; limiting production volumes or concentrations; and controlling disposal methods.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
First signed into law 1980, most recently amended 1986
CERCLA, commonly known as Superfund, authorizes federal response to releases, or threatened releases, of hazardous substances that may endanger public health or the environment. Specifically, CERCLA authorizes short-term hazardous substance removals and long-term remedial responses. Additionally, CERCLA broadened the scope of the National Contingency Plan (see below), to include guidelines and procedures for responding to hazardous substance, pollutant, or contaminant releases. CERCLA hazardous substances include RCRA-regulated hazardous waste, and toxic pollutants regulated by the CAA, CWA, and TSCA.
Both the RCRA and CERLCA authorize short-term measures to address the immediate effects of a release, as well as investigations to determine long-term cleanup options. Under the RCRA, the facility owner or operator must implement corrective actions. Under CERCLA, a variety of parties may implement or lead remediation, including RPs, state governments, and the federal government. Cleanup funding also differs between the two acts— CERCLA mobilizes Superfund financing for removal and remediation actions at National Priorities List (NPL) sites, with liability provisions to ensure polluters pay whenever possible. Under the RCRA corrective action program, the owner or operator of the site is responsible for the cost of the cleanup in all instances.
CERCLA and CWA/OPA
Jointly, the CERCLA and CWA/OPA require that oil discharges and releases of reportable quantities of listed hazardous substances be reported to the National Response Center (NRC). The NRC forwards these notifications to pre-designated EPA and USCG FOSCs. Generally, the EPA provides the FOSC for incidents in the inland zone, and USCG provides the FOSC for incidents in the coastal zone. NRC reporting processes are discussed in the Federal Preparedness, Response, and Recovery section of this document.
Superfund Amendments and Reauthorization Act (SARA)
First signed into law 1986
In 1986, CERCLA was amended by SARA. Among other things, SARA provided new enforcement authorities and settlement tools; increased state involvement in the Superfund program; and increased the size of the Superfund trust fund.
Emergency Planning and Community Right-to-Know Act (EPCRA)
First signed into law 1986
The SARA amendment to CERCLA included the EPCRA (SARA Title III). The EPCRA is intended to help communities prepare for chemical emergencies and increase public knowledge of the presence and threat of hazardous chemicals in their communities. It requires industry to report on storage, use, and releases of hazardous substances to federal, state, and local governments. In turn, the EPCRA requires SLTT governments to use this information to prepare for and protect their communities from relevant risks. Specifically, each state is required to appoint a State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPC) for each emergency planning district. LEPCs must develop chemical emergency response plans for their districts and make information about chemicals within the community available to residents. SERCs subsequently review LEPC plans and activities.
Stafford Act
First signed into law 1988
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42 U.S. Code 5121-5207) enables the President to declare disasters, subsequently authorizing FEMA to mobilize financial and physical relief resources to support state and local emergency response. The President may invoke the Stafford Act when requested by state governors and/or when a federal agency requests federal-to-federal assistance.
Under the Stafford Act, a presidential disaster declaration authorizes:
- Appointment of a Federal Coordinating Officer (FCO) to coordinate federal assistance to a state
- Federal agencies to receive reimbursement from FEMA for provided disaster assistance
- Disaster funds to be distributed to restore public infrastructure
- Disaster assistance such as temporary housing and case management to be distributed to suffering individuals
FEMA is the lead agency when the Stafford Act has been activated and designates the FCO. Federal response under a Stafford Act declaration is described in the Response and Recovery FIOPs.
Doctrine and Regulations
National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
Published in 1968, most recently amended 1996
Often referred to simply as the National Contingency Plan, the NCP outlines federal response for oil spills and hazardous substance releases. It is intended to promote coordination among the hierarchy of responders and contingency plans. Among other things, the NCP established the National Response Team, Regional Response Teams, and the general responsibilities of FOSCs. For more information about the NCP, see the Federal Preparedness, Response, and Recovery section of this document.
National Response Framework (NRF)
Updated in October 2019
The fourth edition of the NRF supports requirements identified in Presidential Policy Directive-8: National Preparedness (PPD-8); the NRF is the foundational emergency management doctrine for all types of incidents. The framework includes a series of Emergency Support Functions (ESFs), Support annexes, and Incident annexes that provide detailed incident response information.
Guidance for chemical incident response can be found in the ESF 10: Oil and Hazardous Materials Response Annex, ESF 15: External Affairs, Support Annexes, and the Response and Recovery Federal Interagency Operational Plans (FIOPs), and their Oil and Chemical Incident Annex (OCIA) (see below). Collectively, these documents provide guidance to support an effective Federal response.
Response Federal Interagency Operational Plan (FIOP)
Published 2016
The Response FIOP is an all-hazard plan that describes how the federal Government coordinates its efforts to save lives, protect property and the environment, and meet basic human needs during response to and recovery from an emergency or disaster. Together, the FIOPs guide federal agencies to achieve unity of effort when implementing coordinated response and recovery actions.
Recovery Federal Interagency Operational Plan (FIOP)
Published 2016
The Recovery FIOP describes the concept of operations for integrating existing national-level federal capabilities to support SLLT, insular area, and federal plans for achieving recovery outcomes.
Oil and Chemical Incident Annex (OCIA)
Published 2021
The OCIA is an annex to the Response and Recovery FIOPs. It describes the hierarchy and roles of federal interagency partners responding to oil/chemical incidents for various degrees of severity. Specifically, it details chemical incident FOSC assessments, NCP processes, Stafford Act processes, ESF support, and more.
Food and Agricultural Incident Annex (FAIA)
Published 2019
The FAIA is an Annex to the Response and Recovery FIOPs. It describes the hierarchy and roles of federal interagency partners responding to food or agricultural incidents that exceed lead federal agency response capabilities. With regard to chemical releases, the FAIA may apply to incidents that result in:
- Large-scale animal injury or death
- Intentional or incidental adulteration of the food supply chain
- Upstream and downstream disruption of consumer markets and the environment
Footnotes
[10] In this context, solid waste includes solids, liquids, and gases.
[11] The TSCA specifically exempts (1) mixtures; (2) FIFRA-regulated pesticides; (3) tobacco and tobacco products; (4) certain materials regulated by the Atomic Energy Act; and (5) foods, food additives, drugs, cosmetics, and devices regulated by the Federal Food, Drug, and Cosmetic Act (FFDCA).