The Bureau of Safety and Environmental Enforcement (BSEE) recently issued a new Notice to Lessees and Operators of Federal Oil and Gas Leases and Pipeline Right-of-Way Holders (NTL) regarding the preparation of regional oil spill response plans (known in the industry as "OSRPs"). The NTL (No. 2012-N06), which became effective on August 10, 2012, provides guidance to the owners and operators of offshore facilities in the federal Outer Continental Shelf, who are required to develop and submit OSRPs to BSEE for review and approval prior to implementation in the field. Regional OSRPs are spill response plans that cover multiple offshore facilities (including Mobile Offshore Drilling Units) or leases of an owner or operator that are located in the same BSEE Region. A motivating factor for the establishment of the NTL was information obtained and lessons learned during 2010's Deepwater Horizon oil spill response.

As stated, the goal for the NTL is to clarify the regulatory requirements for development of OSRPs set forth in 30 CFR Part 254, and to ensure national consistency in regional OSRP preparation. To accomplish this goal, the NTL provides "Instructions for Preparing OSRPs," which instructions are intended to do the following:

  • Clarify that BSEE will evaluate the description of the OSRP worst case discharge (WCD) scenario response strategy by carefully considering specified regulatory factors including:
    • location of the potential WCD,
    • proximity to sensitive resources,
    • nature of the event,
    • estimated discharge volume,
    • oil characteristics,
    • appropriate source control,
    • containment methods,
    • weathering, and
    • other resources at risk.
  • Clarify that BSEE will consider other methodologies and equipment that do not have an associated Effective Daily Recovery Capacity (EDRC) calculation in determining whether a regulated owner or operator (hereinafter, "Operator") has demonstrated that he or she can respond quickly and effectively whenever oil is discharged. The EDRC is the calculated volume of a released substance that may be contained and recovered over time (as determined based on an equipment manufacturer's rated throughput capacity; e.g., a skimmer) in the event of a WCD, using the equipment identified in the Operator's OSRP. BSEE desires Operators to "push the envelope" in developing new technologies and response systems that will increase the effectiveness of mechanical recovery tactics, even if those new strategies do not necessarily have, as yet, a determinable EDRC. Accordingly, BSEE will not merely assess whether the calculated EDRC for the listed mechanical equipment equals the WCD volume but rather will consider whether there are other technologies/systems available that will effectively increase the effectiveness of mechanical recovery tactics.
  • Clarify that the qualified individual identified in the regional OSRP has full authority to implement the deployment of surface and subsea containment resources. Deployment activities constitute "removal actions" under the OSRP requirements under Part 254 for which the qualified individual must have authority to implement. The Operator must have the requisite power to take timely and decisive actions in the moments after the occurrence of a WCD, whether that means the establishment of boom containment around the spill, the activation of oil skimmers, or other containment or cleanup actions.
  • Clarify that BSEE may evaluate whether the Operator has the ability to access and deploy subsea containment resources. An Operator must discuss in the OSRP the response equipment that he or she will use to contain and recover the discharge to the maximum extent practicable, together with descriptions of the personnel, materials and support vessels that would be necessary to ensure that identified response equipment is used effectively and the availability of oil storage, transfer and disposal equipment that would be used in such an event. Examples of available technologies and practices include, but are not limited to, cap and collect, cap and contain, mechanical recovery, in-situ burning, dispersants (including subsea dispersants), and surveillance. In reviewing the OSRP, the BSEE will evaluate the Operator's "battle plan" for marshaling response resources and assess whether these proposed strategies are capable of succeeding in the event of a WCD.
  • Highlight response coordination issues that an Operator must address, consistent with the National Contingency Plan and all applicable Area Contingency Plans. The Designated Spill Management Team organization and training described by an Operator in an OSRP must be consistent with the Incident Command System structure (as described in Appendix B of the current version of the National Incident Management System under the National Response Framework set forth by Homeland Security Presidential Directive No. 5, dated February 28, 2003).
  • Clarify that the addition of any state-required information related to oil spill response is integrated into the OSRP in a clear and concise manner. Incorporation of any state-required information into an OSRP should be added in a manner that does not reduce the ability to easily use the plan or otherwise obscure the "Emergency Response Action Plan" or other significant, federally required sections of the OSRP.
  • Encourage Operators to identify sources for supplies and materials that can support a response to an uncontrolled spill lasting longer than 30 days. Current OSRP regulations under Part 254 only require that Operators discuss their plans to support operations for a blowout lasting 30 days. Lessons learned from the Deepwater Horizon incident show that blowouts may last well beyond 30 days and thus BSEE is encouraging Operators to consider extended time periods in their OSRPs.
  • Encourage Operators to explore new options to overcome response limitations. Options identified by BSEE include:
    • using remote sensing technologies to increase oil detection and improve thickness determination,
    • increasing response operational hours by planning to use remote sensing technologies for ascertaining the effectiveness of response strategies; and
    • increasing spill response operation time for skimmers by reducing transit times to disposal locations and decontamination equipment.
  • Encourage Operators to specify primary and alternate communications technology and software for use in spill response actions. Though not required to be included in the OSRP, this information demonstrates that the Operator is proactively taking into consideration potential lapses in communication equipment and software utilization, and how those lapses might be avoided or mitigated through the use of back-up systems.
  • Provide a simplified rating system to identify higher risk facilities based on potential discharge volume. BSEE can use this ranking to initially focus its finite resources on those facilities likely to have potentially greater discharge volumes and thus present a greater risk to the environment.
  • Simplify the WCD scenario comparisons between those found in offshore exploration and development plans and those found in OSRPs by providing a BSEE-developed table to use as a template in listing the relevant information in the regional OSRP. The BSEE has developed a table for presenting the requisite information relating to an Operator's unique WCD scenario so that comparisons between various scenarios may be compared more easily. This table is included in Appendix H of the NTL's "Instructions for Preparing OSRPs."
  • Clarify that, when identifying adequate provisions for monitoring the movement of a spill, Operators use the distance of facilities farthest from shore. The OSRP requirements in Part 254 require identification of procedures that an Operator will follow in the event of a spill. Among those procedures are directions for monitoring and predicting spill movements. In developing these procedures, BSEE is stating that, as a consistency measure, the distance of facilities farthest from shore being used in the monitoring and predicting of movement of an oil spill.

Once a regional OSRP is approved by the BSEE, the Operator is required to review and, as necessary, update the plan at least once every two years and submit all resulting modifications to the appropriate BSEE office. If no such modifications are made, the Operator must still inform the BSEE in writing that there are no changes to the regional OSRP plan. If a change occurs that requires a modification to the OSRP at times other than during the biennial review, then such revisions must be forwarded to the BSEE office for approval within 15 days of the change.

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