Canada-United States inland pollution contingency plan

Official title: Canada-United-States Joint Inland Pollution Contingency Plan

Letter of promulgation

The Canada–United States Joint Inland Pollution Contingency Plan (the “Inland Plan”) sets forth cooperative measures for dealing with a release of a pollutant along the inland boundary of a magnitude that causes, or may cause, damage to the environment or constitutes a threat to public safety, security, health, welfare, or property.

The Inland Plan may also facilitate the provision of assistance in the event that only one country is affected, but the polluting incident is of sufficient magnitude to justify a request for assistance from the other country.

The revised Inland Plan supersedes the 1994 Canada–United States Joint Inland Pollution Contingency Plan and complements the Canada–United States Joint Marine Pollution Contingency Plan, which describes a joint response mechanism for any polluting incident that threatens the waters or coastal areas of both countries. The Inland Plan is not intended to supersede any statutory authorities held by either Participant; to create any legally binding rights or obligations under domestic or international law with regard to the Participants or any other entity; or to create any right or benefit, substantive or procedural, enforceable by law or equity against the Participants or any other entity.

The implementation and maintenance of the Inland Plan is the joint responsibility of the Canadian Department of the Environment and the United States Environmental Protection Agency (EPA).

Note to the 2022 edition

The Inland Plan is an agreement for addressing significant accidental and unauthorized releases of pollutants along the inland border between the United States and Canada. It is intended to enable a coordinated federal response to pollution incidents that could affect both countries.

The development, implementation, and maintenance of the Inland Plan are the joint responsibilities of Environment and Climate Change Canada (ECCC) and the U.S. EPA.

The present document is an updated version of the 2009 Inland Plan that addresses administrative and structural changes within the two organizations. It is the result of a collaborative review by the two parties.

Abstract

Purpose and objectives

The Inland Plan facilitates a coordinated and integrated federal response to a polluting incident, along the inland boundary, that causes, or may cause, damage to the environment along the inland boundary or may constitute a threat to public safety, security, health, welfare, or property and provides a mechanism for cooperative responses among all levels of government. This also includes all federally recognized Indigenous Peoples (Canada) and Tribal Nations (U.S.). The Inland Plan may also be activated to facilitate the provision of assistance when only one country is affected, but the polluting incident is of such magnitude to justify a request for assistance from the other country.

The Inland Plan provides for a binational coordination mechanism to ensure appropriate and effective cooperative preparedness, notification, and response measures between Canada and the United States.

This Inland Plan reflects the all-hazards approach of Canada’s Federal Emergency Response Plan (FERP) and of the United States’ National Response Framework (NRF). It reflects the current laws, regulations, and structures in place in each country; supersedes the Canada–United States Joint Inland Pollution Contingency Plan signed on October 28, 2009; and complements the Canada–United States Joint Marine Pollution Contingency Plan (the “Marine Plan”). The Marine Plan describes a joint response mechanism for any polluting incident that threatens the waters or coastal areas of both countries. The Inland Plan is not intended to supersede any statutory authorities held by either Participant; to create any legally binding rights or obligations under domestic or international law with regard to the Participants or any other entity; or to create any right or benefit, substantive or procedural, enforceable by law or equity against the Participants or any other entity.

Binational concept of operations

The Inland Plan is based on a division of the inland boundary into six regional planning areas and includes Regional Annexes that describe the jurisdiction, roles, and response procedures of regulatory and support agencies within each planning area. The Inland Plan establishes the Regional Joint Response Teams (RJRTs), which are responsible for developing the respective Annexes. A map of the transboundary coverage of the Inland Plan Regional Annexes can be found in Appendix A.

The Inland Plan also establishes an International Joint Advisory Team (IJAT). The IJAT is the policy and advisory body with overall responsibility for the maintenance, promotion, and coordination of the Inland Plan. The IJAT is located in the headquarters (HQ) of ECCC and the U.S. National Response Team (NRT). The IJAT also provides advice and assistance to the RJRTs. The RJRT is the regional body responsible for providing advice and support to the On-Scene Coordinator(s) (OSC) (U.S.) and to the Scientific Support Coordinator (SSC) (Canada). The Inland Plan also establishes notification procedures and an incident management structure.

The OSC and the SSC should provide advice, assistance, and support to the Incident Commander (IC) or the Responsible Party during a polluting incident, as appropriate. The Responsible Party is ultimately responsible for the response to the polluting incident. However, the Inland Plan provides for oversight and direction of all efforts by the Responsible Party’s management of the response, as well as the coordination and support for response efforts at the scene of the polluting incident, should the Responsible Party’s response be inadequate or otherwise deemed inappropriate by the OSC and the SSC. If the polluting incident is beyond the capabilities of the Responsible Party, and if requested, or if required by statute, either the OSC or the SSC may become the IC under a Unified Command (UC) structure. In the event of a significant polluting incident, Canada and the United States are to follow the management structure under Canada’s Federal Emergency Response Management System (FERMS) and the U.S. National Incident Management System (NIMS), respectively.

When the Inland Plan is activated, each RJRT Co-chair is to assign an on-scene public information officer who is to liaise with all interested parties in the officer’s country, including but not limited to all levels of government, news media, government press offices, the public, special interest groups, and concerned industries. A diagram of the Binational Concept of Operations can be found in Appendix B.

Responsibilities

The implementation and maintenance of the Inland Plan is the joint responsibility of ECCC and the U.S. EPA. These two organizations are to seek the assistance of other agencies, as necessary. The Inland Plan may be amended periodically, consistent with the terms of Section 9.2 herein.

1. Introduction

1.1 Background

The need for a Canada–United States joint pollution contingency plan for polluting incidents that affect the inland boundary not covered by the Marine Plan was officially recognized in 1985. This was when the Memorandum of Understanding between the Environmental Protection Agency of the United States of America and the Department of the Environment of the Government of Canada Regarding Accidental and Unauthorized Discharges of Pollutants Along the Inland Boundary was signed. This Memorandum of Understanding outlines a plan of cooperative measures for dealing with accidental and unauthorized releases of pollutants that cause or may cause damage to the environment along the shared inland boundary and that may constitute a threat to public health, property, or welfare.

In 2009, Canada and the United States reviewed the original 1994 plan and signed the second version of the Canada–United States Joint Inland Pollution Contingency Plan. It was later determined that the 2009 Inland Plan needed to be revised to reflect the re-organization of offices as indicated in the updated Regional Annexes. In response, the Participants signed this updated version of the Inland Plan.

The Inland Plan is intended to complement the Marine Plan and to be consistent with the Treaty between the United States and Great Britain Relating to Boundary Waters and Questions Arising Between the United States and Canada, signed in 1909. The Inland Plan is also intended to complement the Agreement between the United States and Canada on Great Lakes Water Quality, as amended, as well as Article V (5) of the 1991 Canada-United States Agreement on Air Quality, as amended.

The Inland Plan is intended to be consistent with the following two 1988 Organisation for Economic Co-operation and Development Council Acts:

• Pertaining to the Exchange of Information Concerning Accidents Capable of Causing Transfrontier Damage
• Provision of Information to the Public and Public Participation for Accidents Involving Hazardous Substances

The Inland Plan is also intended to be consistent with the United Nations Economic Commission for Europe Convention on Transboundary Effects of Industrial Accidents, signed by Canada and the United States in Helsinki in 1992. This Convention encourages the development of agreements between governments on prevention, preparedness, response, notification, mutual assistance, and research and development issues.  Canada and the United States have signed the Convention, but have not ratified it as of 2022.

The Inland Plan is also intended to be consistent with any agreement between the Government of Canada and the Government of the United States on emergency management cooperation.

The Inland Plan is also intended to be consistent with the relevant existing preparedness and response plans of each country, including the Canadian FERP and the U.S. NRF.

1.2 Purpose and objectives

The Inland Plan sets forth a cooperative mechanism for preparedness for and response to a significant polluting incident that causes, or may cause, damage to the environment along the inland boundary or that may constitute a threat to public safety, security, health, welfare, or property. The Inland Plan may also be activated to facilitate the provision of assistance for polluting incidents that, although directly affecting one country, are of such magnitude to justify a request for assistance from the other country (e.g., for technical advice, responders, and equipment).

The purpose of the Inland Plan is to mitigate the effects of polluting incidents on the environment, public safety, security, health or welfare, or property by facilitating coordinated and integrated responses to polluting incidents along the inland boundary. A map of the inland boundary can be found in Appendix A.

The objectives of the Inland Plan are:

• to provide a binational coordination mechanism to ensure appropriate and effective cooperative preparedness and response measures between Canada and the United States with respect to significant polluting incidents along the inland boundary
• to develop systems for notification within the area covered by the Inland Plan
• to set forth measures for monitoring and restricting the further spread of released pollutants in an expeditious manner; and
• to ensure the availability of adequate resources to respond to a significant pollution incident
• to ensure that coordinated public information releases are made in a timely fashion to the public in both countries

The Inland Plan includes Regional Annexes. These Annexes are to follow the guidelines described in Appendix C of the Inland Plan.

1.3 Scope

The Inland Plan applies to all polluting incidents along the inland boundary that have the potential for transboundary effects, and may address polluting incidents that, although directly affecting only one country, are of such magnitude to justify notifying or requesting assistance from the other country (e.g., for technical advice, responders, and equipment). Incidents occurring in the waters or coastal areas at the border described in the Annexes of the Marine Plan are not covered by the Inland Plan. In the case of an inland incident where the pollutants spread to any major waterways covered by the Marine Plan, the country providing the initial OSC/SSC is to notify and coordinate with federal entities.

The Inland Plan provides a structure for organizing response activities in each country that should follow the Canadian FERMS and the U.S. NIMS, and establishes a method of operation for personnel responding to a polluting incident.

In cases of radiological incidents, the Inland Plan is for the U.S. State Department Northern Command and the U.S. Federal Emergency Management Agency (FEMA), in consultation with other federal and state agencies, to coordinate with the government of Canada through Public Safety Canada.

1.4 Acronyms and abbreviations

ECCC

(Canada) Environment and Climate Change Canada

EOC

(Canada-U.S.) Emergency Operations Center

EPA

(U.S.) Environmental Protection Agency

FEMA

(U.S.) Federal Emergency Management Agency

FERMS

(Canada) Federal Emergency Response Management System

FERP

(Canada) Federal Emergency Response Plan

GOC

(Canada) Government Operations Centre

HQ

(Canada-U.S.) Headquarters

HSPD

(U.S.) Homeland Security Presidential Directive

IC

(Canada-U.S.) Incident Commander

ICP

(Canada-U.S.) Incident Command Post

ICS

(Canada-U.S.) Incident Command System

IJAT

(Canada-U.S.) International Joint Advisory Team

Inland Plan

(Canada-US) Canada-United States Joint Inland Pollution Contingency Plan

IOC

(Canada) Incident Operations Coordinator

JIC

(Canada-U.S.) Joint Information Center

Marine Plan

(Canada-US) Canada-United States Joint Marine Pollution Contingency Plan

NCP

(U.S.) National Oil and Hazardous Substances Pollution Contingency Plan (also known as National Contingency Plan)

NEEC

(Canada) National Environmental Emergencies Centre

NIMS

(U.S.) National Incident Management System

NOC

(U.S.) National Operations Center

NRC

(U.S.) National Response Center

NRF

(U.S.) National Response Framework

NRS

(U.S.) National Response System

NRT

(U.S.) National Response Team

OSC

(U.S.) On-Scene Coordinator

RIC

(U.S.) Regional Incident Coordinator

RJRT

(Canada-U.S.) Regional Joint Response Team

RRT

(U.S.) Regional Response Team

Science Table

(Canada) Environmental Emergencies Science Table

SITREP

(Canada-U.S.) Situation Report

SSC

(Canada) Scientific Support Coordinator

UC

(Canada-US) Unified Command

1.5 Definitions

The following terms are defined as follows for the purpose of the Inland Plan:

All levels of government
This term includes the federal, provincial, state, territorial, Tribal and Indigenous Peoples, regional, sub-regional, municipal, and local levels of government.

Canada–United States Joint Marine Pollution Contingency Plan (the “Marine Plan”)
The Marine Plan sets forth a coordinated system for planning, preparing for, and responding to harmful substance incidents in the contiguous waters of Canada and the United States. The Marine Plan is complemented by five Geographic Annexes, which are under the oversight and responsibility of the respective Canadian Coast Guard Assistant Commissioners and U.S. Coast Guard District Commanders. The Marine Plan is intended to complement the Inland Plan.

Countermeasures
Any measure, whether physical, chemical, or biological, that is implemented to reduce the impact and the effect of a pollutant on public safety, security, health or welfare, the environment, or property.

Emergency Operations Center (EOC)
The EOC is the physical location where information and resources are coordinated to support incident management activities. An EOC may be a temporary facility or may be located in a more central or permanently established facility.

Environment
The environment is the atmosphere, land, and surface and ground waters, including the natural resources therein, and all other components of the ecosystem.

Federal Emergency Response Management System (FERMS) (Canada)
FERMS ensures the coordination of federal department and agency activities for a harmonized federal response.

Federal Emergency Response Plan (FERP) (Canada)
FERP outlines federal governance, and roles and responsibilities, including alignment with those of Provinces and Territories, non-governmental organizations, and the private sector, in the event of an emergency. Federal response plans developed by other departments should align to the FERP, which applies to domestic events, or international events with a domestic impact.

Government Operations Centre (GOC) (Canada)
The federal government organization that provides strategic level coordination on behalf of the Government of Canada in response to an emerging or occurring event affecting the national interest. It is a 24 hour/ 7 day all-hazards, interdepartmental centre conducting monitoring, analysis, planning, and operations in partnership with all levels of government, industry and non-governmental organizations, and international partners. This organization comprises the International Joint Advisory Team (IJAT) Member Agencies as suggested in Appendix D.

Incident Commander (IC)
The IC is the individual who coordinates and directs the pollution control efforts at the scene of the polluting incident.

Incident Command Post (ICP)
The field location at which the primary tactical-level, on-scene incident command functions are performed. The ICP may be collocated with the incident base or other incident facilities.

Incident Command System (ICS)
A standardized on-scene emergency management system concept specifically designed to allow its users to adopt an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating with a common organizational structure, designed to aid in the management of resources during incidents. ICS is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, or organized field-level incident management operations.

Incident Operations Coordinator (IOC) (Canada)
Position in the EOC within ECCC’s National Environmental Emergencies Centre (NEEC). This person provides objectives and clarification of regional issues, and ensures efficient and effective communication flow between the field ICP and the NEEC EOC. The IOC is the point of contact for the SSC (Canada) and the OSC (U.S.) or the IC to obtain personnel, expertise, equipment, and information in support of response actions.

Inland Boundary
The non-marine boundary common to both countries, including boundary areas and transboundary waters not included in the Marine Plan. The Inland Plan is intended to cover approximately 25 kilometers or 15.5 miles on both sides along the Canada and U.S. border. A map of the inland boundary can be found in Appendix A.

International Joint Advisory Team (IJAT)
The IJAT is a policy and advisory body responsible for the maintenance, promotion, and coordination of the Inland Plan. It comprises representatives from ECCC’s HQ in Canada and the NRT and is jointly co-chaired by the Participants. Suggested IJAT Member Agencies are listed in Appendix D.

Joint Information Center (JIC)
A media and public information center established by the RJRT and staffed by an on-scene public information officer from each Participant. The Center may also be staffed by on-scene public information officers representing all levels of government, the Responsible Party, and other interested parties. It is the location for the media and the public to receive up-to-date information regarding a polluting incident.

National Environmental Emergencies Centre (NEEC) (Canada)
During a polluting incident, NEEC and the satellite offices serve as ECCC’s focal points for notification of the incident, as well as for coordination and provision of scientific expertise and technical assistance. NEEC and HQ ensure appropriate communication with senior management. Furthermore, NEEC communicates departmental actions and activities associated with the management of the incident to other federal or provincial emergency operations centers, as necessary. NEEC is also responsible for notifying the National Response Center (NRC) (U.S.).

National Incident Management System (NIMS) (U.S.)
The NIMS integrates effective practices in emergency preparedness and response into a comprehensive national framework for incident management. The NIMS enables responders at all levels to work together more effectively to manage domestic incidents regardless of the cause, size, or complexity, and facilitates the implementation of the NRF.

National Operations Center (NOC) (U.S.)
The NOC assesses the overall situation and makes an initial determination to undertake the coordination of federal information-sharing.

National Response Center (NRC) (U.S.)
The NRC is the U.S. federal government’s national communications center. It is the responsibility of the NRC staff to notify the pre-designated OSC assigned to the area of the polluting incident and to collect available information on the size and nature of the release, the facility or vessel involved, and the party (or parties) responsible for the release. The NRC maintains reports of all releases and spills in a national database. The NRC is also responsible for notifying NEEC.

National Response Framework (NRF) (U.S.)
An all-discipline, all-hazards plan, established by Homeland Security Presidential Directive (HSPD)-5, that represents a single, comprehensive framework for the management of polluting and other incidents affecting the United States. This framework provides structures and mechanisms for coordinating response efforts of federal incident commanders, and for exercising direct federal authorities. The NRF is implemented through the NIMS.

National Response System (NRS) (U.S.)
The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR part 300) establishes the NRS as the federal government’s response management system for emergency response to releases of hazardous substances into the environment or discharges of oil into navigable waters of the United States. This System functions through a network of interagency and intergovernmental relationships and provides for coordinating response actions by all levels of government to a real or potential oil or hazardous substances incident. A primary mission of the federal NRS is to provide support to state and local response activities.

National Response Team (NRT) (U.S.)
The NRT is an established organizational element under the NRS. The NRT, established by the NCP (40 CFR part 300), is responsible for national response and preparedness planning, for coordinating regional planning, and for providing policy guidance and support to the Regional Response Teams (RRTs). EPA chairs the NRT. This team comprises the IJAT Member Agencies as suggested in Appendix D.

Natural Resource Trustee (U.S.)
The federal, state, or tribal organization or agency with legal trust responsibilities for natural resources.

On-Scene Coordinator (OSC) (U.S.)
For responses conducted in the United States, the OSC is the federal official designated by EPA to provide advice, assistance, direction, and support to the IC or the Responsible Party during a polluting incident. In addition, the OSC could be the designated IC, under a UC structure. In some cases, there may be the potential for multiple ICs under a UC structure. The authorities of the OSC are very broad and provide for responding and directing response to a polluting incident that threatens public safety, security, health or welfare, the environment, or property.

Participants
The Participants referred to in the text of this Inland Plan are ECCC and EPA.

Pollutant

• Hazardous substance
• contaminant
• radioactive material
• element
• substance
• compound
• mixture
• disease-causing agent

Which after release into the environment will affect its quality or upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause to an organism or their offspring:

• death
• disease
• behavioral abnormalities
• cancer
• genetic mutation
• physiological malfunctions (including malfunctions in reproduction)
• physical deformations

For the purpose of this Inland Plan, “pollutant” includes oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. The term includes natural gas, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and such synthetic natural gas).

Polluting Incident
Release of any pollutant, on either side of the inland boundary, of a magnitude that causes or may cause damage to the environment or may constitute a threat to public safety, security, health, welfare, or property.

Environmental Emergencies Science Table (Science Table) (Canada)
A multi-agency, multi-disciplinary advisory body that provides coordinated and comprehensive information and advice to the Canadian lead agency, including environmental, wildlife, and human health impacts; resource sensitivities; environmental forecasting; spill behavior, and spill modeling; contingency planning; spill countermeasures; clean-up priorities; and techniques during the planning for and response to a polluting incident. The Science Table is chaired by ECCC and can be composed of all levels of government and other agency environmental specialists. Other representation from local and Indigenous Peoples communities and industry are included, as necessary.

Regional Incident Coordinator (RIC) (U.S.)
A management position in each of the Regional EOCs within EPA. This person provides management objectives and clarification of regional policy issues and ensures efficient and effective communication flow between the field ICP and upper-level management. The RIC is the point of contact for the OSC (U.S.) and the SSC (Canada) or the IC to obtain personnel, expertise, equipment, and information in support of response actions. The RIC is also the U.S. RJRT Co-chair.

Regional Joint Response Team (RJRT)
The binational regional support and advisory team that is responsible for the development, maintenance, and effective implementation of the respective Regional Annex of the Inland Plan. The RJRT is composed of representatives from agencies and organizations in both Canada and the United States and is co-chaired by regional representatives of each Participant as described in the Inland Plan Regional Annexes. The RJRT should include representatives from NEEC and other appropriate Canadian members, and from the appropriate U.S. RRT (EPA Region 1, 2, 5, 8, or 10) whose area of responsibility coincides with the respective inland boundary of the five adjacent Regions. A map of the transboundary coverage of the Inland Plan Regional Annexes can be found in Appendix A.

Regional Response Team (RRT) (U.S.)
Parallel in agency membership to that of the NRT, RRTs develop and coordinate preparedness activities before response actions are taken and also coordinate assistance and advice to the OSC (U.S.) and SSC (Canada) during such response actions. The two principal components of the RRT mechanism are a standing team, consisting of designated representatives from each participating federal agency and state, tribal, and local government; and an incident-specific team, which is formed from members of the standing team when the RRT is activated for a response. The role of the standing RRT, co-chaired by representatives of EPA and the U.S. Coast Guard, includes the establishment of communications systems and procedures, and planning, coordination, training, evaluation, preparedness, and related activities on a region-wide basis. The role of the incident-specific team is determined by the operational needs of the response to a specific polluting incident.

Release
Any accidental or intentional release including any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, burning, escaping, leaching, dumping, or disposing of pollutants into the environment. This includes the abandonment or discarding of barrels, containers, and other closed receptacles containing any pollutant. The term does not include: (a) any release that results in exposure to persons solely within a work place, (b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine, and (c) the normal application of fertilizer. For purposes of this Inland Plan, “release” also means a threat of a release.

Response Action
This action includes the clean up, removal, disposal, destruction, or neutralization of one or more released pollutants; actions to abate or mitigate an actual or threatened release; actions to monitor, assess, and evaluate an actual or threatened release; and other actions to prevent or mitigate damage to public safety, security, health or welfare, the environment, or property.

Responsible Party
Responsible Party refers to the polluter, or the person who owns or has charge, management, or control of the pollutant. The Responsible Party’s primary responsibility is on-site emergency planning and response to the polluting incident.

Scientific Support Coordinator (Canada)
Similar to the OSC in the United States, the SSC coordinates government activities and provides, to the Incident Commander (IC) or the Responsible Party, advice, assistance, and support at the scene of the polluting incident, and is to monitor their response. The SSC is appointed by the NEEC and is part of its staff.

Significant Polluting Incident
A polluting incident that has or is likely to have particularly significant and substantial adverse effects on public safety, security, health or welfare, the environment, or property, and requires or is expected to require a heightened level of response (e.g., the incident is anticipated to require the application of special techniques or methods or the involvement and coordination of several levels of government).

Unified Command (UC)
The UC is a structure that brings together the ICs of all major organizations involved in the incident to coordinate an effective response, while at the same time carrying out their own jurisdictional responsibilities. The UC links the organizations responding to the incident and provides a forum for these agencies to make consensus decisions.

2. Joint policy and responsibilities

2.1 Joint policy

The Participants are to seek cooperation from the appropriate Canadian and U.S. agencies to the extent possible, to respond expeditiously to a polluting incident. Actions taken pursuant to the Inland Plan are to be consistent with the statutory authorities, operational needs, and other obligations of each country.

Effective communication between Participants is vital to the successful implementation of the Inland Plan. Polluting incidents are to be reported as soon as is practicable, in accordance with Section 4 herein.

In a response situation that falls within the scope of the Inland Plan, the Participants are to make every effort to obtain resources that could be used for a joint response operation, subject to their capabilities and general requirements. In addition, each Participant is to have in place procedures to ensure that the necessary resources from the public and private sectors may be used to achieve a successful outcome to a joint response operation.

The existing decision-making process of each affected country is to be followed to determine which countermeasures should be used to respond to a polluting incident in the affected country (e.g., spill-treating agents).

2.2 Special arrangements for mutual assistance

The Participants may, as appropriate, assist each other in exercising a right of recovery against a third party, including providing documentation.

As appropriate for mutual assistance, special customs and immigration clearances for response resources, including responders and equipment, may be granted by each country in accordance with the laws and regulations of each country. Procedures for accomplishing this are to be developed by national, regional, and local authorities, and are to be outlined in each Inland Plan Regional Annex.

3. Planning and response organization

3.1 International Joint Advisory Team

The IJAT is the policy and advisory body whose purpose is to respond quickly to interagency and policy problems that cannot be resolved at the local level during significant polluting incidents. IJAT participation during a significant polluting incident is dependent upon mandated responsibilities. A diagram of the Binational Concept of Operations can be found in Appendix B.

The IJAT comprises representatives from the suggested agencies listed in Appendix D and is jointly co-chaired by ECCC and EPA Participants. IJAT Co-chairs have the overall responsibility for the maintenance, promotion, and coordination of the Inland Plan.

During a significant polluting incident, and upon the request by either Participant, the IJAT is to facilitate the provision of emergency resources and other support to the RJRT and also to activate other related emergency plans, such as FERP. Actions of the IJAT are not to include management or direction of the on-scene response.

The IJAT is also to maintain a list of potential assisting agencies of each country and the assistance available from them. In addition, the IJAT is to be responsible for notifying the RJRTs of any changes to these agencies’ response capabilities.

IJAT Co-chairs should ensure that their country is in compliance with legal requirements for protecting the health and safety of emergency responders.

3.2 Regional Joint Response Teams

RJRTs are responsible for the development, maintenance, and effective implementation of the respective Regional Annexes to the Inland Plan, including the development and maintenance of videos, maps, photos, or other records of sensitive areas that are given high priority for protection in the event of a polluting incident. NEEC and the RIC from the appropriate EPA Regional Office are to support the RJRT, when activated. Additionally, during a polluting incident, coordinated and comprehensive information and advice can be obtained from the Science Table (Canada) or the RRT (U.S.). A diagram of the Binational Concept of Operations can be found in Appendix B.

The SSC and the RIC, or the field OSC, may request activation of the Science Table or the RRT who can provide specialized expertise and equipment in support of response activities.

The Science Table may coordinate with the ICP directly or provide assistance through the SSC. The RRT coordinates directly with the RIC unless asked by the IC to coordinate directly with him/her in the ICP.

The RJRT should include representatives from NEEC and other appropriate Canadian members, and from the appropriate U.S. RRT (EPA Region 1, 2, 5, 8, or 10) whose area of responsibility coincides with the respective inland boundary of the five adjacent Regions.

The RJRTs’ areas of responsibility are divided as follows:

CANUSWEST NORTH
The combined inland boundary of the Yukon Territory and British Columbia with EPA Region 10 (Alaska)

CANUSWEST SOUTH
The combined inland boundary of British Columbia with EPA Regions 8 and 10 (Montana, Washington, Idaho)

CANUSPLAIN
The combined inland boundary of Alberta, Saskatchewan, and Manitoba with EPA Regions 5 and 8 (Minnesota, Montana, North Dakota)

CANUSCENT
The combined inland boundary of Ontario with EPA Regions 2 and 5 (New York, Minnesota, Michigan)

CANUSQUE
The combined inland boundary of Quebec with EPA Regions 1 and 2 (Vermont, New Hampshire, Maine, New York)

CANUSEAST
The combined inland boundary of New Brunswick with EPA Region 1 (Maine)

Further subdivision of the Inland Plan Regional Annexes may be an option for some regions for easier implementation.

Each RJRT is to maintain the Inland Plan Regional Annex that includes contact lists for all levels of government.

The standing pre- and post-incident functions of the RJRT are to include planning and preparedness activities, and are outlined below:

1. developing procedures to promote a coordinated response by all federal agencies to polluting incidents. Procedures include, among others, environmental, technical, logistical, legal, customs, immigration, financial, and public information/media relations procedures
2. reviewing post-incident reports from the OSC and SSC on the handling of polluting incidents for the purpose of analyzing response actions, recommending needed improvements in the contingency plans, and identifying training needs
3. forwarding to all levels of government the relevant reports and recommendations including the OSC (U.S) and SSC (Canada) post-incident reports
4. preparing RJRT debriefing reports and recommendations concerning amendments to the Inland Plan or its Regional Annexes
5. planning and implementing exercises as addressed in Section 8.2 of this Inland Plan

Under RJRT coordination, the Participants should encourage federal agencies of both countries to coordinate their planning and response activities with each other, and with all affected levels of government, industry, and non-governmental organizations, as appropriate.

The RJRT is to seek arrangements with federal agencies of both countries having services or facilities that may be useful to it in responding to a polluting incident.

The RJRT does not have operational control over the OSC and SSC. During a polluting incident, the advisory and support functions of the RJRT include:

1. providing advice and assistance to the OSC and SSC during a polluting incident
2. monitoring incoming reports, reviewing the possible impact of reported polluting incidents, and being fully aware of the actions and plans of the OSC and SSC
3. coordinating the actions of the various agencies in supplying the necessary resources and assistance to the OSC and SSC
4. engaging other federal agencies and industrial or scientific groups to play their appropriate parts in support actions by acting through or in coordination with the RJRT or OSC and SSC
5. coordinating all reporting on the status of the polluting incident to the respective Participants (using existing reporting mechanisms, as stipulated in Section 6.1)
6.  ensuring that the OSC and SSC have adequate public information support to ascertain that the media and the public receive up-to-date information regarding a polluting incident
7. reviewing and monitoring actions taken by the OSC and SSC and making recommendations for additional measures needed to support the response and to protect the environment
8. recommending a means to facilitate response coordination among all levels of government, industry, and non-governmental organizations
9. promoting efficient communications to ensure effective information flow
10. ensuring that the OSC and SSC undertake adequate measures for protecting the health and safety of emergency responders

3.3 On-Scene Coordinator (U.S.)/Scientific Support Coordinator (Canada)

The OSC/SSC may assume one of the two following roles:

1. provide advice, assistance, direction, and support to the IC or the Responsible Party and coordinate and direct the federal government activities at the scene of a polluting incident
2. lead when the polluting incident is under federal jurisdiction or in accordance with federal, provincial, state, territorial, and Tribal or Indigenous Peoples’ agreements or when the polluting incident is beyond the capabilities of the IC or the Responsible Party

According to the NCP, the U.S. OSC is required to be the lead. He/she is to be responsible for the overall control and direction of the operations and could be designated the IC within the ICP, under a Unified Command structure. In the event of a significant polluting incident, Canada and the United States are to follow the management structure under the FERMS and the NIMS, respectively.

The OSC/SSC are to ensure that adequate measures for protecting the health and safety of emergency responders are taken.

3.4 Canada and United States Federal Agencies’ Responsibilities

Responsibilities of specified agencies are set out in ECCC’s Environmental Emergencies Response Operations Plan, the Canadian Coast Guard’s Marine Spills Contingency Plan, the Canadian FERP, the U.S. NCP and its supplementary guidance, and the U.S. NRF. Other levels of government may be requested to assist, as needed.

3.5 Preparedness and response coordination

Initial responsibility for responding to incidents rests with local authorities unless otherwise identified under federal, provincial, state, territorial, Tribal and Indigenous, regional, sub-regional, or municipal regulations or agreements. Therefore, the Inland Plan anticipates that each country will encourage communities to have up-to-date contingency plans and information about potential hazards, as well as adequate equipment and trained personnel for responding to potential polluting incidents within the community’s jurisdiction.

Whenever a pollution incident exceeds local capabilities, local authorities should seek assistance from other levels of government and should coordinate with industry and non-governmental organizations, when appropriate.

To ensure that authorities and planning mechanisms are applied consistently during a polluting incident, the Inland Plan and its Regional Annexes are to be coordinated with the comprehensive emergency plans prepared for U.S. local emergency planning committees or districts on the inland boundary in compliance with the Emergency Planning and Community Right-to-Know Act of 1986 (also known as Title III of the Superfund Amendments and Reauthorization Act of 1986); with Regional Contingency Plans developed under the NCP; with the Area Contingency Plans developed under the Oil Pollution Act of 1990; and equally with existing Canadian plans and arrangements.

3.6 Coordination with industry and non-governmental organizations

The Inland Plan and its Regional Annexes should be coordinated with general and area-specific emergency response plans developed by major industrial and volunteer associations and by individual industries near the inland boundary.

The RJRT is to annually prepare and update a list of governmental and non-governmental technical support, including that of industry, which can be of assistance during joint response activities.

The IJAT Co-chairs are to review the Inland Plan Regional Annexes and advise each RJRT on sources of expertise, services, and technology that the RJRT could include in planning.

4. Notification and response operations

4.1 Notification

Any polluting incident is to be reported to the other country without delay by telephoning the appropriate contacts (as referenced in the Inland Plan Regional Annexes)

• the Canadian NEEC at 1-866-283-2333 or
• the U.S. National Response Center (NRC) at (202) 267-2675 (outside the United States) or (800) 424-8802 (in the United States),

in accordance with the procedures stated in each Regional Annex.

Whenever the NRC is notified of a polluting incident with the potential for transboundary effects, it is to notify NEEC. Whenever NEEC is notified of a polluting incident with the potential for transboundary effects, it is to notify the NRC. Whenever the NRC is notified by NEEC of a polluting incident, it is to notify the appropriate EPA Regional Office, which, in turn, is to follow up with subsequent notifications.

If the polluting incident is considered significant in the United States, the NRC is also to notify the appropriate U.S. OSC on duty, who is to follow up with the U.S. RJRT Co-chair and the U.S. IJAT Co-chair. For a polluting incident in the territory of Canada, NEEC is to notify the Canadian RJRT Co-chair, the Canadian IJAT Co-chair and coordinate with other federal entities.

If the polluting incident is considered significant, a written notification message is to be originated by the appropriate RJRT Co-chair, sent to the other RJRT Co-chair and to the IJAT Co-chairs, and acknowledged in writing by the recipient. Both RJRT Co-chairs are to follow up with subsequent notifications. This written notification message is not to activate the Inland Plan but is to permit assessment and immediate preparation for the possibility of its activation. The written notification message is to include the geographical position of the incident, a situation summary, and other appropriate data, and is to be distributed to all appropriate officials through each country’s notification systems. The standard format for the written notification message as well as the notification diagrams can be found in Appendix E.

4.2 Response

Each Inland Plan Regional Annex is to identify the specific response roles of participating levels of government, industry, and non-governmental organizations.

In the event of an Inland Plan activation or a joint response, the OSC, SSC, IJAT, and RJRT are to consult among themselves and coordinate the joint response efforts and actions that will take place; the status of the response operations in each country; the personnel, equipment, and financial resources available; the information that will be transmitted to the public; the safety and health issues; and the ecological/natural, historical, archeological, and cultural considerations.

4.3 Disposal

Pollutants and other associated incident debris that are recovered as a result of response actions are to be disposed of in accordance with all applicable government requirements, and in a manner intended to minimize the possibility of further or continuing environmental damage.

5. Binational activation and deactivation

5.1 Activation

The Inland Plan may be activated by the RJRT Co-chair from the country of origin of the significant polluting incident, after consultation with and consent from the RJRT Co-chair from the other country and both IJAT Co-chairs. This activation would take place if the polluting incident were accompanied by a substantial threat of the spread of a pollutant into the inland boundary of the other country or such spreading has already occurred, or if the polluting incident is of sufficient magnitude to justify a request for assistance from the other country.

The appropriate RJRT Co-chair may activate the Inland Plan through a telephone message. The telephone message is to be followed by a written activation message (fax or email). The standard format for the written activation message as well as the activation diagram can be found in Appendix F.

Upon receipt of an Inland Plan activation message, the IJAT Co-chairs are to notify their respective federal entities verbally and in writing that a significant polluting incident has occurred or has the potential to occur.

5.2 Deactivation

A recommendation to end the joint response to a significant polluting incident is to be made after consultation and consent between the OSC (U.S.), SSC (Canada), IC, and RJRT and IJAT Co-chairs. The Activating RJRT Co-chair is to deactivate the Inland Plan by a formal written message with the consent of the RJRT Co-chair from the other country. This written message is to clearly establish the date and time of the deactivation of the Inland Plan. The standard format for the written deactivation message as well as the deactivation diagram can be found in Appendix G.

Upon receipt of an Inland Plan deactivation message, the IJAT Co-chairs are to notify their respective federal entities verbally and in writing that the significant polluting incident has ended.

6. Reporting provisions

6.1 Situation reports

The RJRT is to ensure that the Canadian and the U.S. Situation Reports (SITREPs) include a full and timely assessment of the incident, actions taken, and progress made during the response. In turn, the RJRT is to provide the IJAT with the SITREPs along with additional comments describing the RJRT’s actions and recommendations.

6.2 Post-incident reports

The RJRT may request the OSC/SSC and the IC or both to submit reports and to prepare operational debriefings for the RJRT and IJAT on the polluting incident. These may include actions taken and any observations, lessons learned, and recommendations that need to be made.

7. Public information

7.1 Policy and responsibilities

When a polluting incident occurs, the public is to be provided with timely and accurate information on the nature of the incident, the steps that are being taken to cope with the problem, and what citizens should do to protect themselves. This information is intended to protect human lives, to encourage understanding among the public, to ensure cooperation from all interested parties, and to reduce the possibility of the spread of concern or alarm through misinformation.

When the Inland Plan is activated, the RJRT Co-chairs are each to assign an on-scene public information officer who is to liaise with all interested parties in the respective country, including but not limited to all levels of government, news media, government press offices, the public, special interest groups, and concerned industries. These officers are to join a JIC set up on-scene and are to support the OSC, SSC, or IC, maintaining an account of events and advising the OSC, SSC, or IC on public information issues.

The OSC, SSC, or IC is to keep all levels of government and the RJRT apprised of news office activities (e.g., issuing press releases, organizing briefing sessions, keeping the public informed) and public information issues.

8. Updating and exercising

8.1 Inland plan review

The IJAT Co-chairs may review the Inland Plan annually to identify any planning-related issues, and recommend appropriate updates as needed, consistent with the terms of Section 9.2 herein.

The RJRT Co-chairs may review the Inland Plan Regional Annexes annually to identify any planning-related issues, and recommend appropriate updates as needed, consistent with the terms of Section 9.2 herein.

8.2 Meetings and exercises

Scheduling RJRT meetings and conducting joint response exercises are the responsibility of the RJRT Co-chairs. The recommended frequency of these meetings and exercises are as follows:

1. RJRT meetings: one annual binational meeting covering one or two Regional Annexes, utilizing various communication tools such as conference calls, webinars, or video conferencing if a face to face meeting is not possible
2. RJRT exercises: an exercise every other year, for a chosen Regional Annex, to include either a notification, table-top, or full-scale exercise
3. Schedules for both the RJRT meetings and exercises are to be coordinated by both Participants

To promote greater efficiency, joint meetings may be held virtually and/or to coincide with joint exercises.

9. Administration

9.1 Custodians

The custodians for the Inland Plan and its Regional Annexes, as well as for any amendments in accordance with Section 9.2 are: for Canada, the Director of the Environmental Emergencies Division, Environmental Protection Operations Directorate, ECCC; and for the United States, the Deputy Director of the Office of Emergency Management, Office of Land and Emergency Management, EPA.

9.2 Amendments

The Inland Plan and its Regional Annexes may be amended for administrative changes at any time, provided that the custodians of each Participant do so in writing. In such case, a formal approval signature of senior management would not be required.

10. Signatures

Signed, in duplicate, in both English and French.

Jim Prentice, P.C., Q.C., M.P.
Minister of the Environment
Government of Canada
Date: October 28th, 2009

Lisa P. Jackson
Administrator
United States Environmental Protection Agency
Date: September 15th, 2009

2022 Edition:

Tanya Bryant
Director
Environmental Emergencies
Environment and Climate Change Canada
Date: June 1st, 2022

Kathleen Salyer
Director
Office of Emergency Management
United States Environmental Protection Agency
Date: June 1st, 2022

11. Appendices

Appendix A – Inland Plan regional annexes list and map of the transboundary coverage of the Inland Plan regional annexes

Appendix B – Binational concept of operations diagram

Appendix C – Guidelines for the revision of the Inland Plan regional annexes

Appendix D – Suggested IJAT member agencies

Appendix E – Notification message and diagrams

Appendix F – Binational activation message and diagram

Appendix G – Binational deactivation message and diagram

Appendix A – Inland Plan regional annexes list and map of the transboundary coverage of the Inland Plan regional annexes

• Annex I CANUSWEST NORTH
  The combined inland boundary of the Yukon Territory and British Columbia with EPA Region 10 (Alaska)
• Annex I CANUSWEST SOUTH
  The combined inland boundary of British Columbia with EPA Regions 8 and 10 (Montana, Washington, Idaho)
• Annex II CANUSPLAIN
  The combined inland boundary of Alberta, Saskatchewan, and Manitoba with EPA Regions 5 and 8 (Minnesota, Montana, North Dakota)
• Annex III CANUSCENT
  The combined inland boundary of Ontario with EPA Regions 2 and 5 (New York, Minnesota, Michigan)
• Annex IV CANUSQUE
  The combined inland boundary of Quebec with EPA Regions 1 and 2 (Vermont, New Hampshire, Maine, New York)
• Annex V CANUSEAST
  The combined inland boundary of New Brunswick with EPA Region 1 (Maine)

Transboundary coverage of the inland plan Regional Annexes

Appendix B – Binational concept of operations diagram

Appendix C – Guidelines for the revision of the Inland Plan regional annexes

The Canada–United States Joint Inland Pollution Contingency Plan (the “Inland Plan”) provides a cooperative mechanism for preparedness for and response to polluting incidents that cause, or may cause, damage to the environment along the inland boundary, or may constitute a threat to public safety, security, health, welfare, or property. The Inland Plan may also facilitate the provision of assistance when only one country is affected, but the polluting incident is of such magnitude to justify a request for assistance from the other country.

Regional Annexes include, among other matters, the definition of the jurisdiction, roles, and response procedures of regulatory and support agencies within specific regions of each country.

Additionally, and as mentioned in Section 1.2, the following list of contents is intended to serve as guidance in the revision of Regional Annexes to help ensure a common understanding and approach.

This list is not to inhibit the creativity of planners or interfere with existing regional planning practices; regions may elect to develop separate contingency plans. In fact, it may be beneficial to integrate the revision of the Regional Annexes into the existing regional planning process.

Proposed List of Contents

1. Scope (includes purpose and geographic areas)
   • Map of the regional inland boundary
   • List of border cities
2. Arrangements and plans (relevant to each region)
3. Response organization
   • Response center
   • OSC
   • SSC
   • Special forces/teams
   • Response structures
4. Operating procedures
   1. Discovery and notification
   2. Information on and coordination between:
      • OSC
      • SSC
      • Science Table
      • RJRT and IJAT
      • All levels of government
      • Public information groups
      • Special interest groups
   3. Response operations
5. Special considerations
   1. Customs and immigration
   2. Health and safety of responders and volunteers
   3. Volunteer coordination
   4. Indigenous lands (Canada) or Native Lands (U.S.)
6. Administration
   1. Amendments
   2. Updating and exercising schedule
   3. Contact and resource list

Appendix D – Suggested IJAT member agencies

Canada

Agriculture and Agri-Food Canada, Canada Border Services Agency, Canada Revenue Agency, Canadian Coast Guard, Canadian Food Inspection Agency, Canadian Heritage, Citizenship and Immigration Canada, Environment and Climate Change Canada, Fisheries and Oceans Canada, Global Affairs Canada, Health Canada, Crown-Indigenous Relations and Northern Affairs Canada, Innovation, Science and Economic Development Canada, Department of Justice Canada, Department of National Defence, Natural Resources Canada, Parks Canada Agency, Public Health Agency of Canada, Public Safety Canada, Royal Canadian Mounted Police, Transport Canada, Treasury Board of Canada Secretariat, National Energy Board, Privy Council Office, Transportation Safety Board of Canada.

United States

U.S. Environmental Protection Agency, U.S. Coast Guard, Federal Emergency Management Agency, Department of Agriculture, Department of Commerce, Department of Defense, Department of Energy, Department of Health and Human Services, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Homeland Security, Department of Transportation, General Services Administration, Nuclear Regulatory Commission.

Appendix E – Notification message and diagrams

Date:

Time:

To: (RJRT Co-chair of the other country, address, email address, telephone and fax numbers)

From: (RJRT Co-chair of the originating country, email address, telephone and fax numbers)

CC: (IJAT Co-chairs of each country)

Name of region and annex:

1. Geographical location

2. Pertinent incident details (e.g., nature, amount, and potential impact of the pollutant; weather conditions)

3. Reason for notification message

Appendix F – Binational activation message and diagram

Date:

Time:

To: (RJRT Co-chair of the other country, address, email address, telephone, and fax numbers)

From: (Activating RJRT Co-chair, address, email address, telephone, and fax numbers)

CC: (Activating country IJAT Co-chair and others for information and action, as appropriate)

Name of region and annex:

Inland plan activated at: (date and time)

Name of U.S OSC or SCC (Canada):

If a written notification message under Section 4.1 of the Inland Plan was not issued, the necessary site information is to be added to the message activating the Inland Plan.

In its acknowledgement, the receiving country is to report the name and contact information of its IJAT Co-chair and U.S. OSC or SSC (Canada)

Appendix G – Binational deactivation message and diagram

Date:

Time:

To: (RJRT Co-chair of the other country, address, email address, telephone, and fax numbers)

From: (Deactivating RJRT Co-chair, address, email address, telephone, and fax numbers)

CC: (Deactivating country IJAT Co-chair and others for information and action, as appropriate)

Name of region and annex:

Inland plan deactivated at: (date and time)