An Introduction to What Response Equipment is Needed Under OPA90
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
Virtually every time Witt O’Brien’s develops a response plan outside of a major city with ocean access, we receive questions or concerns on what type of response equipment to acquire or contract. Under the Oil Pollution Act of 1990 (OPA90) there are time tiers, location-specific requirements, and oil type-specific requirements with regards to the minimum required response equipment.
This all can be overwhelming and confusing, even for an experienced operator. Onshore, there are three agencies you must contend with: The Pipeline and Hazardous Materials Safety Administration (PHMSA), the Environmental Protection Agency (EPA), and the United States Coast Guard (USCG). Each of these agencies has a slight twist to these requirements. You must conform with all agency rule provisions, as applicable. Meaning, you may not cherry-pick which you choose to comply with.
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I have written several articles on this topic in the past, each providing bits of clarity on how to manage this requirement. The first big question is how much boom is really needed in the first hour; the first-time tier. The below article, not wanting to reinvent the wheel today, goes into detail on this.
Another question Witt O’Brien’s runs into often is what type of Oil Spill Removal Organization (OSRO) do I need? This spawns other questions like, can I use a local company down the road? Are all considerations equal for the most part? I have written a couple of articles in the past to help others navigate this topic.
- How to Select an OSRO - Inland OPA90 Conversation
- “What OSRO should I use under OPA90?” Coronavirus 2021
After I posted these articles, I was asked by several people what the USCG Mechanical OSRO ratings meant. This conversation can get confusing since different considerations must be given if you are an Inland Facility a River/Canal Facility, etc.? Each of these definitions comes with its own set of equipment requirements. So, knowing how your area is classified is important to contracting an OSRO, as well as ensuring you have the required equipment. The below article attempts to address this, or more to get you in the right direction.
The USCG’s “2019 Guidelines for the US Coast Guard OSRO Classification Program” guidance document is a short, but very detailed guide to help further dive into this topic.
Another question that pops up regularly is what is the difference between a non-USCG Classified OSRO versus a Classified USCG OSRO. The below article goes into detail about how they differ, and what is required of an operator depending on which direction they go.
As with all the articles I write, I do not go into a detailed conversation on every aspect of a rule, however, I do attempt to help guide operators in the right direction by providing them resources and explanations on some of the most common tripping points.
For instance, here are some other questions we get on this:
- What is the difference between a High-Volume Port and a Non-High-Volume Port?
- What are the two-hour, six-hour, and so forth equipment requirements?
- Are there alternatives to any of the equipment requirements?
- If there is no OSRO that can reach a specific time tier, then what?
Feel free to email me if you have similar type questions you are struggling with.
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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