Post Workshop Q&A: Do I have to have 1,000' of boom under OPA90?
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.)
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I plan to devote the next several Monday articles to questions asked during our Annual Environmental Protection Agency (EPA) Compliance Workshop. Today’s question is asked often, so it’s worth highlighting.
The question is, “Do I always have to meet the one hour 1,000’ of boom requirement for my Facility Response Plan (FRP) under the Oil Pollution Act of 1990 (OPA90)?”
Before going too far, this question is focused on in-land operators. For those located near coastal areas or significant water bodies, the 1,000’ boom requirement still applies.
To answer this question, let’s add context. You own a facility near a small creek no wider than 4’, and the midchannel depth is less than 2’. For this exercise, we also assume this creek eventually drains into navigable water as defined under the rule. In this example, using 1,000’ of containment boom is pretty ridiculous. The EPA recognizes this. This concern was addressed when the revised National Preparedness for Response Exercise Program (PREP ) was republished in 2016.
So, what does this mean? As an inland operator, you can use alternative measures that make sense for your response area. For example, you could use underflow damns, inflatable diaphragms, spill gates, containment dams, etc. The caveat here is that you must detail this in your FRP. More importantly, you must ensure you have the materials on hand and can deploy them year-round. This means your FRP must contain an inventory of these supplies and discuss how you would implement them during a response.
During Government-Initiated Unannounced Exercises (GIUE), the EPA won’t expect you to implement one of these alternatives fully. However, they will expect you to show them the equipment. They may ask you to pull it out and will want you to explain how and where you would implement it. Lastly, as per PREP, you will be responsible for training on these, and conducting semi-annual deployment exercises. (Read 2.3.6 from the PREP document for specifics.)
Here is what PREP says:
2.3.6.6.1 Oil Response Systems
4. Booming Systems. Booming systems include protective and containment boom not exercised as part of a skimming or ISB system described above; 1,000 feet (or total amount of boom listed in plan, whichever is less, particularly for inland plan holders located near small water bodies) of each protective or containment boom system or alternative system listed in the plan and relied on by the plan holder in meeting response equipment capability requirements should be deployed. Protective boom systems (boom and means of deploying and anchoring) include the following types:
a. Fence boom;
b. Curtain boom: Internal foam, external foam, self‐inflatable, and pressure inflatable;
c. External tension boom;
d. Tidal seal boom (only 50 feet of this type of boom need be deployed.);
e. Special purpose;
f. Ice booms;
g. Fast‐water booms (equipment and/or techniques intended to improve spill containment/control in fast‐water situations); and
h. Alternative systems, particularly for inland plan holders, may include the following:
i. Temporary dams;
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ii. Underflow dams;
iii. Weirs; and
iv. Inflatable diaphragms for drainage culverts.
These alternative systems may be used by the plan holder in the initial response to an oil discharge in conjunction with booming systems, which may be used further downstream in the planning distance.
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Here is a snip from Troy Swackhammer's PowerPoint presentation on this topic:
The bottom line is that there are alternatives for in-land operators to the 1,000’ booming requirements. However, the plan holder must ensure a responsible alternative is employed, and you must train and exercise on it. Think through this and work with professional responders to develop this strategy, as you do not want to fall flat during an actual incident or a GIUE.
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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.
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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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Witt O’Brien’s:
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