It's that time of year again to get OSRO PREP letters!
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.)
Do you fall under the Oil Pollution Act of 1990 (OPA90)? Specifically, are you an operation that is regulated under this rule by the Environmental Protection Agency (EPA), United States Coast Guard (USCG), or Pipeline and Hazardous Materials Safety Administration (PHMSA)? If so, you must comply with the 2016 National Preparedness for Response Exercise Program (PREP) guidelines.
I’ve written several articles on PREP requirements that have been focused on the requirements for Operators. This article focuses on the responsibility of the Oil Spill Removal Organization (OSRO). Operators, however, must also be vigilant in this area.
OSROs certified by the USCG under the OPA90 PREP program are required to ensure that they maintain their certifications and overall readiness. Under OPA90, they are also required to maintain contracts with the entities they serve that meet specific planning requirements. One important requirement is that the OSRO is compliant with PREP.
As the Operator, what does it mean to ensure your OSRO is compliant with PREP? First, it does not mean you have to train the OSRO or coordinate precisely with them to ensure they are meeting their requirements. That stated, an Operator must be able to show proof that OSRO compliance is being managed correctly. The first level of proof is demonstrating that the OSRO is properly credentialed on the USCG’s Mechanical Classification Report. This is done here. (Note: It is not a requirement to be certified by the USCG, just makes things much easier. If they are not certified by the USCG, there is more burden on an Operator to prove they are. If unsure what this is, feel free to email me at the email address below.) The second is ensuring that at the beginning of each calendar year, you request an Annual PREP Letter from your OSRO. These should be sent out automatically, but unfortunately, most OSROs do not do this proactively, so you have to stay on them. Section 2.3.61 of the PREP guidance document states it like this:
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It is the plan holder's responsibility to ensure that the OSRO has completed the equipment deployment exercise requirements and has prepared the necessary documentation. All plan holders must remember that merely citing an OSRO in their response plan is not sufficient to ensure credit for the equipment deployment exercise.
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The Annual PREP Letter summarizes all drills and actual incidents the OSRO has participated in during the prior calendar year, demonstrating that they met their obligations under PREP. The letter serves as proof to Operators that their OSRO is compliant.
If you have not requested these letters or have not been receiving them, it is crucial that you request them and save them for your protection, as well as for future agency audits.
90% of the time, when requesting the PREP letter from your OSRO, they will know precisely what you are talking about and have no issues getting it to you. However, every year when we assist our clients in collecting the letters, we run into OSROs that don’t know what we are talking about. Often, we’re dealing with a new person or a very small local OSRO. If this happens to you, don’t be discouraged or second-guess yourself. You need the letter and should not be charged for it, as it is part of PREP. Be prepared to coach your OSRO on what is needed. I’m happy to share an example if you run into this situation and need help.
PREP has many moving parts and is agency-specific, so I highly advise you to read through the document so you are clear on all your obligations under OPA90.
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Additional information on PREP:
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Do you need help in collecting these PREP records? Witt O’Brien’s is contracted by numerous companies with large national footprints to reach out and collect these on their behalf. Not because it is complicated but instead because it takes time and can be outsourced to an administrator to make the calls, send out emails, and “chase” people down.
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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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Executive Management | Sales Leadership & Business Development | Business Strategy & Growth Expert
1 个月I always love to see this image of the HARBO Inc. Boom in action in Merritt BC. Kale Haupt did an amazing job during the 1st Nations Response Training. Thanks for bringing this out John K. Carroll III