Doesn’t my USCG FRP cover me for EPA’s requirements, and vice versa?

I will try to keep this week’s article simple, as the answer is short; however, there are many things that make this answer what it is.?This week’s article is one that we run into a lot when picking up new clients or when companies come to us post an agency audit. Under the Oil Pollution Act of 1990 (OPA90), four (4) agencies were given authority. Yes, most of their planning requirements are similar, but in that same breath, there are a lot of parts that are different.

Who are these agencies?

• Bureau of Safety and Environmental Enforcement (BSEE) – regulates applicable facilities offshore in federal waters.
• Pipeline and Hazardous Materials Safety Administration (PHMSA) – regulates oil pipelines and their associated facilities.
• Environmental Protection Agency (EPA) – regulates oil facilities inland (or offshore if in state waters).
• United States Coast Guard (USCG) – regulates the marine portions of inland facilities.

Very seldom is there any confusion with BSEE due to where they have jurisdiction; however, many in industry commonly confuse what is required under PHMSA, EPA, and USCG. If wanting to read more about jurisdictions, you can read about them in my earlier article:?Am I EPA, USCG, or PHMSA Regulated:2020 (OPA90 Jurisdictional Conversation)?

Why does this happen?

• Regarding marine facilities, this is common as USCG facility reviewers will audit a facility and a company’s Facility Response Plan (FRP) and give them a good bill of health. People tend to forget agencies only focus on their jurisdictional parts and won’t generally offer any commentary outside of their “swim lane.” Subsequently, many will think they are fully compliant and fail to realize the EPA has a large part in this.
• Facilities, where PHMSA has jurisdiction, can be very confusing due to what tanks and pipelines they have jurisdiction over versus what EPA has jurisdiction over. The main issue we see here is people not understanding the differences of definitions the two agencies have.
• There are other reasons, but these are the most common.

Earlier this year, I wrote a series of articles labeled “Back to the Basics” on what is required under each agency’s part of OPA90 and how to comply.

• BSEE
• PHMSA
• ?EPA
• USCG

Back to our subject line question: Doesn't my USCG FRP cover me for EPA's requirements, and vice versa? Short answer, NO. Yes, you can have a plan that covers all four (4) of these agencies' requirements, or a combination of them, in an Integrated Contingency Plan (ICP); however, each applicable agencies' planning requirement must be addressed.

For a complete listing of archived blogs and compliance insights, click here. Past blogs cover training requirements, clarification on additional confusing 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 +1 281-320-9796.

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