3-Part Mini-series: I submitted my OSRP/FRP, it's officially approved, yes? - USCG
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
Concluding my three-part mini-series regarding submitting Facility Response Plans (FRP)/Oil Spill Response Plans (OSRP) under the Oil Pollution Act of 1990 (OPA90) to the three inland jurisdictional agencies: Environmental Protection Agency (EPA), United States Coast Guard (USCG), and Pipeline and Hazardous Materials Safety Administration (PHMSA), this week’s article will focus on USCG’s FRP.
You can find the first two articles below:
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As always, let’s first look at the rule:
(a) The owner or operator of an MTR facility who submitted a response plan prior to May 29, 1996, may elect to comply with any of the provisions of this final rule by revising the appropriate section of the previously submitted plan in accordance with § 154.1065. An owner or operator of an MTR facility who elects to comply with all sections of this final rule must resubmit the plan in accordance with § 154.1060 of this part.
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(b) No facility subject to this subpart may handle, store, or transport oil unless it is operating in full compliance with a submitted response plan. No facility categorized under § 154.1015(c) as a significant and substantial harm facility may handle, store, or transport oil unless the submitted response plan has been approved by the COTP. The owner or operator of each new facility to which this subpart applies must submit a response plan meeting the requirements listed in § 154.1017 not less than 60 days prior to handling, storing, or transporting oil. Where applicable, the response plan shall be submitted along with the letter of intent required under § 154.110.
(c) Notwithstanding the requirements of paragraph (b) of this section, a facility categorized under § 154.1015(c) as a significant and substantial harm facility may continue to handle, store, or transport oil for 2 years after the date of submission of a response plan, pending approval of that plan. To continue to handle, store, or transport oil without a plan approved by the COTP, the facility owner or operator shall certify in writing to the COTP that the owner or operator has ensured, by contract or other approved means as described in § 154.1028(a), the availability of the necessary private personnel and equipment to respond, to the maximum extend practicable to a worst case discharge or substantial threat of such a discharge from the facility. Provided that the COTP is satisfied with the certification of response resources provided by the owner or operator of the facility, the COTP will provide written authorization for the facility to handle, store, or transport oil while the submitted response plan is being reviewed. Pending approval of the submitted response plan, deficiencies noted by the COTP must be corrected in accordance with § 154.1070.
(d) A facility may not continue to handle, store, or transport oil if -
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(1) The COTP determines that the response resources identified in the facility certification statement or reference response plan do not substantially meet the requirements of this subpart;
(2) The contracts or agreements cited in the facility's certification statement or referenced response plans are no longer valid;
(3) The facility is not operating in compliance with the submitted plan;
(4) The response plan has not been resubmitted or approved within the last 5 years; or
(5) The period of the authorization under paragraph (c) of this section has expired.
The USCG, unlike the EPA and PHMSA, does require approval to operate, so there is little confusion if one is operating under an approved FRP. For typical marine oil handling facilities, one must submit a plan 60 days prior to the commencement of any overwater oil handling operations. As with the EPA and PHMSA, during the approval review process a deficiency letter may be generated; however, once satisfactorily addressed, the USCG will issue a formal approval.
Unlike the EPA and PHMSA, the USCG does not have an official plan review checklist or example template for the industry’s use. To prepare for an audit or initial plan submission, one should review the regulation line by line. The USCG does have their “Waterfront Facility Compliance Booklet,” which can be used at a very high level to double-check items that will be captured during an onsite visit, but not as a tool for a comprehensive plan review.
An ending note, the USCG plan reviewers are generally only at a post three years before being transferred. As such, it is not uncommon to get different regulatory interpretations or findings when resubmitting an approved FRP, so do not be surprised if your already approved FRP comes back with deficiencies; address them and move on. ?
For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification on additional unclear elements within the above rules, and much more.
We are here to help solve your compliance questions and challenges. Need some compliance assistance, or have a question? Please email John K. Carroll III ([email protected]), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
Witt O’Brien’s:
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