Difference between a High-Volume Area and a Higher-Volume Port (EPA, USCG, PHMSA OPA90 Planning)
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
(This article was written without AI tools, i.e., ChatGPT.)
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Today’s article focuses on a planning requirement that often confuses companies that are vertically integrated. Companies regulated under the Oil Pollution Act of 1990 (OPA90) are required to develop response plans. Under the United States Pipeline and Hazardous Materials Safety Administration (PHMSA), these plans are called Oil Spill Response Plans (OSRP). Under the Environmental Protection Agency (EPA) and the United States Coast Guard (USCG), they are called Facility Response Plans (FRP). All three agencies have similar planning requirements, as well as a host of unique planning requirements companies must address in their plans. EPA and USCG requirements are, for the most part, identical because of the nature of the types of operations that they regulate. PHMSA, on the other hand, has a number of different requirements.
All three agencies require companies to identify resources, whether contracted or owned, to respond to oil releases. There are many requirements plan holders must address regarding the type of equipment, training, inspections, and response times. This article focuses on response times. Not on all of them, but one area in particular: high-volume areas versus higher-volume port areas.
Under OPA90, these two definitions are important because if a company’s assets fall under either of them, there is a shortened level of response time. This means you must have the appropriate equipment to respond more quickly. It’s important to know this, as it will govern which resources you will need to contract or purchase.
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PHMSA defines this as: High volume area means an area which an oil pipeline having a nominal outside diameter of 20 inches (508 millimeters) or more crosses a major river or other navigable waters, which, because of the velocity of the river flow and vessel traffic on the river, would require a more rapid response in case of a worst case discharge or substantial threat of such a discharge. Appendix B to this part contains a list of some of the high volume areas in the United States.
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EPA defines this as: Higher volume port area means the following ports:
(1) Boston, MA.
(2) New York, NY.
(3) Delaware Bay and River to Philadelphia, PA.
(4) St. Croix, VI.
(5) Pascagoula, MS.
(6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
(7) Louisiana Offshore Oil Port (LOOP), LA.
(8) Lake Charles, LA.
(9) Sabine-Neches River, TX.
(10) Galveston Bay and Houston Ship Channel, TX.
(11) Corpus Christi, TX.
(12) Los Angeles/Long Beach harbor, CA.
(13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun Bay to Antioch, CA.
(14) Straits of Juan De Fuca from Port Angeles, WA, to and including Puget Sound, WA.
(15) Prince William Sound, AK.
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USCG defines this as: Higher volume port area means the following ports:
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(1) Boston, MA.
(2) New York, NY.
(3) Delaware Bay and River to Philadelphia, PA.
(4) St. Croix, VI.
(5) Pascagoula, MS.
(6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
(7) Louisiana Offshore Oil Port (LOOP), LA.
(8) Lake Charles, LA.
(9) Sabine-Neches River, TX.
(10) Galveston Bay and Houston Ship Channel, TX.
(11) Corpus Christi, TX.
(12) Los Angeles/Long Beach harbor, CA.
(13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun Bay to Antioch, CA.
(14) Straits of Juan De Fuca from Port Angeles, WA, to and including Puget Sound, WA.
(15) Prince William Sound, AK.
As you can see, EPA and USCG are identical. They both focus on port areas. PHMSA, however, is based on river size and flow. It’s important to understand this, as in many cases, companies will develop Integrated Contingency Plans (ICP) that address multiple regulations that may apply to a facility (in regulatory terms: a Complex – regulated by more than one agency). Doing this is acceptable, but you must ensure that the different planning requirements are adequately captured in the plan respective of the applicable jurisdictional agency. When reviewing plans, it is the PHMSA high-volume area that most people overlook and incorrectly govern their planning times off the EPA and USCG definitions. As a result, their response plan is also incorrect and out of compliance.
Additional Reference Articles
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For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification of additional unclear elements within the above rules, and more.
We are here to help solve your compliance questions and challenges. If you need compliance assistance or have questions, please email John K. Carroll III ([email protected]), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
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