81 FR 6879 - Establishment of Dispersant Preauthorization Area in Alaska

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 26 (February 9, 2016)

On behalf of the Alaska Regional Response Team (ARRT), the U.S. Coast Guard (USCG) announces establishment of a more inclusive, comprehensive, and conservative dispersant use policy that includes a preauthorization area and an enhanced protocol for use of chemical dispersant during responses to spills of crude oil in certain waters offshore of Alaska. Federal regulations covering certain vessel response plans require development of defined dispersant response capabilities when such vessels are operating in waters where dispersant use preauthorization agreements exist.

[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6879-6880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02559]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2016-0080]


Establishment of Dispersant Preauthorization Area in Alaska

AGENCY: Coast Guard, DHS.

ACTION: Notice of establishment of dispersant preauthorization plan.

-----------------------------------------------------------------------

[[Page 6880]]

SUMMARY: On behalf of the Alaska Regional Response Team (ARRT), the 
U.S. Coast Guard (USCG) announces establishment of a more inclusive, 
comprehensive, and conservative dispersant use policy that includes a 
preauthorization area and an enhanced protocol for use of chemical 
dispersant during responses to spills of crude oil in certain waters 
offshore of Alaska. Federal regulations covering certain vessel 
response plans require development of defined dispersant response 
capabilities when such vessels are operating in waters where dispersant 
use preauthorization agreements exist.

DATES: Plan holders for affected vessel response plans have 24 months 
from the date of publication of this notice to achieve compliance.

FOR FURTHER INFORMATION CONTACT: For information about this document: 
From USCG: call or email Mark Everett, Incident Management & 
Preparedness Advisor, Seventeenth Coast Guard District, Juneau, AK; 
telephone (907) 463-2804; email [email protected];
    From Environmental Protection Agency (EPA): call or email Chris 
Field, Program Manager, Emergency Management Program (EPA Region 10); 
telephone (206) 553-1674; email [email protected];
    For the State of Alaska: call or email Gary Folley, Program 
Manager, Prevention, Preparedness & Response Program, Division of Spill 
Prevention & Response, Alaska Department of Environmental Conservation; 
telephone (907) 262-3411; email [email protected].

SUPPLEMENTARY INFORMATION:

Public Participation and Comments

    Because this notice is non-rulemaking, no public participation or 
comments are being taken. Questions can be directed to any person named 
in the FOR FURTHER INFORMATION CONTACT section, above.

Discussion

    The Alaska Regional Response Team (ARRT) is one of 13 interagency, 
intergovernmental groups responsible under the National Oil and 
Hazardous Substances Pollution Contingency Plan (a.k.a. National 
Contingency Plan or NCP) at 40 CFR part 300 for regional planning, 
including policy development, and coordination of preparedness and 
response actions related to discharges of oil and releases of hazardous 
materials and other pollutants and contaminants into the environment. 
The ARRT's responsibilities include development of policies regarding 
the preauthorization of certain alternative (non-mechanical) 
countermeasures, including chemical dispersants, used in oil spill 
response operations.
    Preauthorization for use of dispersants has not existed in the 
Alaska region since September 2008. This new policy change will allow 
for industry to develop a reliable, regulated dispersant use capability 
to be available to mitigate--if directed by the Federal On Scene 
Coordinator--large crude oil spills more readily. However, extensive 
government, tribal, and other stakeholder notifications would be 
required before use.
    Following a multi-year collaborative effort among governmental 
agencies as described in the NCP at 40 CFR 300.910, the ARRT signed a 
new Dispersant Use Plan for Alaska (Appendix I, Annex F, Alaska 
Federal/State Preparedness Plan for Response to Oil & Hazardous 
Substance Discharges/Releases [Unified Plan]) on January 27, 2016. This 
document includes, among other things, an updated protocol for use and 
monitoring of chemical dispersants in undesignated areas on a case-by-
case basis and a preauthorization plan for use and monitoring of 
chemical dispersants on spills from tank vessels carrying crude oil as 
cargo during non-innocent passage through certain areas north and south 
of the Aleutian Island chain and the northern Gulf of Alaska. The 
Dispersant Use Plan for Alaska may be found at www.alaskarrt.org.
    U.S. Coast Guard enforcement of the requirements of 33 CFR 154.1035 
and 1045 and 33 CFR 155.1035, and 1050 depends upon existence of a 
dispersant preauthorization plan (including a preauthorization area) 
which complies with the requirements of the NCP, specifically at 40 CFR 
300.910. Enforcement of the preauthorization area compliance 
requirements will take effect 24 months after publication of this 
notice to allow plan holders time to achieve compliance.
    Development of the Dispersant Use Plan for Alaska included 
compliance with the consultation (with National Marine Fisheries 
Service and U.S. Fish & Wildlife Service) requirements of section 7 of 
the Endangered Species Act (ESA), Essential Fish Habitat (EFH) analysis 
required by the Magnusson-Stevens Fisheries Conservation and Management 
Act, consideration of the requirements of the Marine Mammal Protection 
Act (MMPA), outreach to affected communities and stakeholder groups, 
compliance with State of Alaska public notice requirements, and 
consultation with federally-recognized tribes as required by Executive 
Order 13175. Implementation of the new policy includes a 24-month 
timeline for development of dispersant areas to be avoided within 
geographic subareas covered by the preauthorization area. It also 
includes industry establishing sufficient dispersant capability in 
locales to be available for potential authorization for use by the 
Federal On Scene Coordinator during a spill response. Failure to 
establish dispersant areas to be avoided within geographic subareas 
covered by the preauthorization area will result in the entire 
geographic subarea reverting to the case-by-case dispersant use 
protocol used in undesignated areas until such time as dispersant use 
avoidance areas are developed.
    This notice is issued under authority of the Oil Pollution Act of 
1990 and Executive Order 12777.

    Dated: January 28, 2016.
M.L. Everett,
Incident Management & Preparedness Advisor, U.S. Coast Guard District 
Seventeen.
[FR Doc. 2016-02559 Filed 2-8-16; 8:45 am]
 BILLING CODE 9110-04-P