A Compendium of Best Practices and Lessons Learned for Improving Local Community Recovery from Disastrous Hazardous Materials Transportation Incidents (2012) / Chapter Skim
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Pages 12-23
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12 2.1 Overview The purpose of this section is to identify roles and responsibilities, along with processes, procedures, and compliance requirements related to community recovery from a hazardous materials transportation incident. This information is presented to assist local communities in developing the authorities and references section of their recovery plans.
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Roles and Responsibilities in Recovery 13 2.2 Federal Roles and Responsibilities in Hazardous Materials Incidents As stated by the EPA's National Response Team (NRT) , all significant oil discharges or hazardous substance releases must be reported (by local government or the responsible party)
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14 A Compendium of Best Practices and Lessons Learned • Development of Hazardous Materials Response Plans and training of staff through Local Emergency Planning Committees (LEPCs) and State Emergency Response Commissions (SERCs)
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Roles and Responsibilities in Recovery 15 ing terrorist-related) 14 releases of hazardous materials, including radioactive materials and oil spills.15 Although the most recent and widely publicized application of the NCP was in response to the Deepwater Horizon oil spill in 2010,16 the NCP was developed more than 4 decades ago in reaction to the 1967 Torrey Canyon supertanker accident off the coast of England.17 The coordinated approach set forth in the NCP was originally culled from lessons learned following this incident.18 NCP's scope has expanded as required by various laws (with the latest revision in 1994)
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16 A Compendium of Best Practices and Lessons Learned Part 300.135(a) and is required to submit reports to the RRT or NRT on all removal actions taken at an incident site (40 CFR Part 300.170, 40 CFR Part 300.175)
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Roles and Responsibilities in Recovery 17 Federal Agency Federal Roles Designated under 40 CFR Part 300.175 Environmental Protection Agency (EPA) EPA chairs the NRT and co-chairs the standing RRTs.
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18 A Compendium of Best Practices and Lessons Learned the President who, in turn, issued Executive Order 12316 delegating primary responsibility to the EPA for managing activities under CERCLA. These activities include the following:29 • Site identification of potential or previous hazardous materials releases that pose a serious threat to human health, welfare, or the environment; • Taking action to remedy such releases; and • Ensuring that parties responsible for releases pay for the cleanup activities.
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Roles and Responsibilities in Recovery 19 resources damaged as the result of a hazardous substance release.30 Specifically, as it pertains to recovery from hazardous materials transportation incidents, CERCLA's provisions related to releases are applicable (while those provisions involving abandoned waste sites are not and are omitted from discussion in this report) , including provisions specific to the liability of responsible parties and the establishment of a trust fund for remediation.
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20 A Compendium of Best Practices and Lessons Learned CERCLA and OPA as those designated with responsibility for the protection of natural resources based on the understanding that no individual or entity "owns" a natural resource. As such, CERCLA and OPA provide authority for National Resource Trustees to ensure restoration of affected natural resources through NRDAs and the restoration of impacted resources caused by a release or discharge of hazardous materials.
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Roles and Responsibilities in Recovery 21 effective and utilize permanent solutions where practicable. The statute established off-site land disposal without treatment as the least-preferred alternative.
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22 A Compendium of Best Practices and Lessons Learned 2.3.7 Resource Conservation and Recovery Act (RCRA) Overall requirements for debris management resulting from disasters/hazardous materials incidents fall under the Resource Conservation and Recovery Act (RCRA)
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Roles and Responsibilities in Recovery 23 property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.
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