OPA90 FRP Miniseries Revisited: What Triggers an OSRP Resubmittal (PHMSA)?

(This article was written without AI tools, i.e., ChatGPT.)

Continuing with my miniseries focused on the Oil Pollution of Act of 1990 (OPA90) Facility Response Plan (FRP) resubmittal requirements, this week I will address the Department of Transpiration’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) requirements.

If you missed last week’s on the EPA’s FRP requirements, click here.

(For a quick summary of the requirements for all three (3) inland federal agencies, see the table at the end of the article.)

To begin, let’s dive into the PHMSA requirements, starting with what the rule says:

(b) If a new or different operating condition or information would substantially affect the implementation of a response plan, the operator must immediately modify its response plan to address such a change and, within 30 days of making such a change, submit the change to PHMSA. Examples of changes in operating conditions that would cause a significant change to an operator's response plan are:

(1) An extension of the existing pipeline or construction of a new pipeline in a response zone not covered by the previously approved plan;

(2) Relocation or replacement of the pipeline in a way that substantially affects the information included in the response plan, such as a change to the worst-case discharge volume;

(3) The type of oil transported, if the type affects the required response resources, such as a change from crude oil to gasoline;

(4) The name of the oil spill removal organization;

(5) Emergency response procedures;

(6) The qualified individual;

(7) A change in the NCP or an ACP that has significant impact on the equipment appropriate for response activities; and

(8) Any other information relating to circumstances that may affect full implementation of the plan.

Before going too far, I want to clarify that this article series applies to actions that occur before a 5-year review and to an already approved Oil Spill Response Plan (OSRP). PHMSA calls their OPA90 document an OSRP, not an FRP like the USCG and EPA. Additionally, today’s conversation focuses on triggering events, not routine edits that can be managed anytime throughout the year. To learn what is required for 5-year reviews and new and/or purchased facilities, check out my past articles, linked below.

Let’s translate the above requirements by each event category:

(1) An extension of the existing pipeline or construction of a new pipeline in a response zone not covered by the previously approved plan;

(2) Relocation or replacement of the pipeline in a way that substantially affects the information included in the response plan, such as a change to the worst-case discharge volume;

(3) The type of oil transported, if the type affects the required response resources, such as a change from crude oil to gasoline;

• (1), (2), and (3) run similarly and relate to new, modified, or discontinued pipelines within your pipeline system, or going from group 1 oil to group 3, etc. Why is this notable? Such changes will impact how your approved plan addresses responses to incidents, including the type of equipment for recovery, what certified contractors need to be used, training, personnel, etc.

(4) The name of the oil spill removal organization;

• (4) is straight to the point - it relates to a new Oil Spill Removal Organization (OSRO), including changes in their name, changes in coverages, etc.

(5) Emergency response procedures;

• (5) is also straight to the point. It comes into play if there is a change in how your operations will respond to an incident. For example, reorganization of your response team or changes in how your company will respond to an incident. Why is this notable? When taken, these actions will impact the approved measures in your current OSRP and impact how you physically react to an incident.

(6) The qualified individual;

• (6) is simple but often overlooked. If your alternate qualified individual (AQI) or QI changes, or has new or different contact information, you must send an updated OSRP to PHMSA within 30 days. As personnel changes are common these days, you must keep vigilant to ensure these are properly addressed under the rule.

 (7) A change in the NCP or an ACP that has significant impact on the equipment appropriate for response activities; and

• (7) is interesting, as governmental agencies control the updating of the National Contingency Plan (NCP) and Area Contingency Plans (ACP). Plan holders should review these plans regularly, and at least once annually, to keep abreast of such changes. Plan holders should also be plugged into area/national committees and Local Emergency Plan Committees (LEPC), where these updates are generally discussed. What kind of changes do such updates impact? These documents host abundant information, such as responsible stakeholders, listings of sensitive areas, key contact numbers for an area, etc. If any of these are edited, or if new ones are added, it could impact your OSRP and require a reevaluation of your OSRP.

(8) Any other information relating to circumstances that may affect full implementation of the plan.

• (8) is a catchall and requires common sense. Essentially, it refers to any change within the pipeline system that is not captured under one of the above categories that would vastly impact your response capabilities, techniques, etc., outlined in your OSRP. You have to submit your updated OSRP within 30 days of the change.  

Are you looking for answers? Click here for PHMSA’s home page.

Wondering how to submit your report? For any type of update, PHMSA now requires a full bookmarked PDF. If the document is less than 20 MB, you can send via email to phmsa.op90@gov. If it is larger, request an FTP link from [email protected]. The code of federal regulations (CFR) still needs to be updated to reflect this new submission procedure, but I assure you that sending in two electronic copies by mail, as noted in the CFR, is no longer required. Moreover, we’ve been told that the mailbox is no longer checked regularly.

Additional Readings:

• What is a PHMSA OSRP 5-Year Review? – 2023 Reminder – 3-Part Miniseries (FRPs & OSRPs)
• Fact vs. Myth (Miniseries) –PHMSA OSRP Training Requirements – Revisited
• “I just bought an oil terminal – now what?” - Revisited ICP Timelines - EPA, USCG, PHMSA Requirements
• 3 Common PHMSA OPA90 Trends the Past 18 Months
• 5 Part Miniseries – Are annual plan reviews required for all regulatory plans? (PHMSA OSRP)
• Revisited: PHMSA OSRP WCD volume, how does one calculate? – An OPA90 Discussion
• PHMSA OSRP 101 – Back to the Basics
• 3-Part Mini-series: I submitted my OSRP/FRP, it's officially approved, yes? - PHMSA

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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