Inspections Have Commenced! An OPA90 Discussion: What is a GIUE and what does that Term Mean for me?

COVID-19 significantly changed the way both companies and the government operate. One substantial change was that travel, and in-person site visits were put on hold given the concerns surrounding virus transmission.?Subsequently, in-person compliance inspections were put on hold or completed virtually. At the moment, most companies are back up to pre-COVID-19 postures, which means companies are open to visitors and government agencies are getting back out in the field.

With over a year without much activity from government agencies, many may need a reminder of what to expect and prepare for. Moreover, there was significant personnel turn over the past 18 months. The requirements of industry that are part of the Oil Act of 1990 (OPA90) rule have a good handful of requirements that were strained due to lack of mobility last year. Below is an article about one aspect of OPA90 that companies must prepare for.

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What is a GIUE??

A GIUE is a Government‐Initiated Unnuanced Exercise tied to the OPA90 rule for monitoring activities that allow regulatory agencies the opportunity to evaluate various aspects of a plan holder’s preparedness, including their emergency procedures, and their contracted Oil Spill Removal Organization’s (OSRO) capabilities for proper and timely equipment deployment.

Before going too far, the primary reference on what to expect, and how to train for these are found in the 2016 National Preparedness for Response Exercise Program (PREP) Guidelines.?Depending on which agency has jurisdiction over your operations (e.g., vessels, regulated facilities, regulated pipelines, regulated offshore platforms), prepping and GIUE expectations can be slightly different.?These expectations and guidelines are outlined in the following PREP chapters:?

• Section 2.0 Guiding Principles, Sub-Sections 2.3.7.2, 2.3.7.2.1, 2.3.7.2.2, and 2.3.7.2.3
• Section 3.0 United States Coast Guard (USCG)-Regulated, Sub-Sections 3.16 (Facilities) and 3.17 (Vessels)
• Section 4.0 Environmental Protection Agency (EPA)-Regulated, Sub-Section 4.6
• Section 5.0 Pipeline and Hazardous Materials Safety Administration (PHMSA)-Regulated, Sub-Section 5.4
• Section 6.0 Bureau of Safety and Environmental Enforcement (BSEE)-Regulated, Sub-Section 6.6

How often do the agencies conduct these?

• For USCG‐regulated vessels and facilities, GIUEs are limited to a maximum of four (4) total per Captain of the Port (COTP) zone per year.
• For EPA‐regulated facilities, GIUEs are limited to a minimum of 10 percent of the plan holders per EPA region per year.
• For PHMSA‐regulated facilities or pipelines, the number of GIUEs is determined by the Department of Transportation (DOT). DOT reserves the authority to conduct and require an operator to participate in a GIUE. A facility will not be required to participate in a GIUE more than once every 36 months unless the results of previous exercises indicate that follow‐up drills are warranted due to inadequate performance during a drill.
• For BSEE‐regulated offshore facilities, the number of GIUEs is determined by the Oil Spill Preparedness Division (OSPD) Chief. A facility will not participate in a BSEE initiated unannounced exercise more than once every 36 months, unless the results of previous exercises indicate that follow‐up drills are warranted due to inadequate performance during a drill.

Now, these are what are allowed; however, as we know, agency funding is very sparse these days, so these will be done less frequently than allowed.?But, like the car insurance adage, better be in hand when the accident happens; or in this case, better have your plan in working order and be trained properly when inspected.

If one passes a GIUE, there is some reprieve for “good behavior.” A facility that has successfully completed a GIUE will not be required to participate in another GIUE for at least 36 months from the time of the last exercise.?A vessel that has successfully completed a GIUE will not be required to participate in another GIUE in any USCG COTP zone for at least 36 months. The vessel must maintain documentation of this participation. All other vessels covered by the same vessel responses plan (VRP) will not be subject to a GIUE in that COTP zone for 36 months but may be subject to a GIUE in another USCG COTP zone.

What are the agency expectations (read PREP for further details as the below are summaries)?

USCG: Conduct proper notifications and equipment deployment to respond to an unannounced scenario of an average most probable discharge (AMPD). Demonstrate that the response is:

• Timely, as a general rule, the regulatory planning standard is containment equipment (e.g., booms) on scene within one (1) hour of notification and recovery equipment (e.g., skimmers and temporary storage) on scene within two (2) hours.?Therefore, in a GIUE, a plan holder should be able to initiate a simulated cleanup or salvage marine firefighting (SMFF) response within approximately two (2) hours of exercise commencement.
• Conducted with adequate amount of equipment deployed for the given scenario
• Properly conducted

EPA: Conduct proper notifications to respond to an unannounced scenario of a small discharge; 2,100 gallons outside secondary containment that is discharged into or on navigable waters and adjoining shorelines. Demonstrate that the response is:

• Timely, as defined in Section 2 of PREP
• Conducted with adequate amount of equipment for the scenario (see notes above from USCG)
• Properly conducted

PHMSA: Demonstrate the ability to respond to a worst-case discharge (WCD) spill event.

• Unannounced exercise to discuss strategic issues
• On the day of the exercise, the pipeline owner or operator will be provided the scenario and post spill events. This information will be used to explore and discuss strategic issues that will help operators evaluate their response plans.

BSEE:?Exercise will require that the owner or operator respond to a spill scenario posed by the BSEE Chief OSPD or designee. These unannounced exercises may consist of either:

• An incident management team (IMT) exercise
• A deployment exercise/drill using equipment staged onshore
• An IMT exercise combined with the deployment of equipment staged onshore and/or offshore

Where do plan holders go wrong??Here are some of the common examples:

• For inland complex facilities: Only USCG Facility Response Plan (FRP) available while missing EPA required FRP
• Wrong WCD used in planning
• Generic verbiage in the plan that does not adequately describe how the specific facility meets all requirements
• Generic discharge scenarios utilized that are not adequate or site-specific
• Inability to properly implement plans (This is a common issue that gets a lot of people in trouble.)
• Improper booming strategies during drills
• Inability to respond to a spill in the required timelines: OSRO can’t make the 1-hour requirement or the company can’t launch company-owned equipment with 1-hour as required (also a common occurrence)
• Qualified Individual (QI) does not know the QI duties and cannot describe proper response duties (cannot pass QI interview) (another common occurrence)
• No company evaluations procedures are listed under the drill sections
• Lack of appropriate records
• No facility equipment inspections
• No signed or expired contracts with USCG approved OSROs

How does one prepare for a GIUE?

• Keep your response plan up to date and accurate.
• Ensure that response personnel know how to use the plan and are trained for their assigned tasks.
• Ensure that response equipment listed in the plan is in good condition and appropriate for the operating environment.
• Ensure that response procedures outlined in the plan are feasible and appropriate for the operating environment.

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 just have a question? Please email John K. Carroll III ([email protected]) Associate Managing Director – Compliance Services or call at +1 281-320-9796.

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