“What OSRO should I use under OPA90” - 2023
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
Welcome back, everyone. Hard to believe we are already in 2023 – the older I get, the quicker the years fly by. I hope everyone enjoyed some time off with family and loved ones during the Christmas break. It’s been two weeks since my last article, so let me kick off 2023 with an important reminder to maintain adequate contracted response resources under the Oil Pollution Act of 1990 (OPA90). This article was originally inspired by a client of Witt O’Brien’s who failed a Government Initiated Unannounced Exercise (GIUE) due to failing to meet the required response times for boom deployment by their Oil Spill Removal Organizations (OSRO). Unfortunately, this is more common than most think.
Additional reference: Inspections Have Commenced! An OPA90 Discussion: What is a GIUE and what does that Term Mean for me?
As the above is more common than most think, I make it a point to post several articles about the mandatory requirements of response equipment under OPA90 and the options to comply accordingly for regulated operations each year.
Since COVID-19 hit our shores, its ripple effects continue to make disruptions along with some interesting trends. In the past several years, Witt O’Brien’s has continued to get more frequent requests from clients to update their OSROs within their response plans. When we first saw this trend in mid-2020, we chalked it to new year's housekeeping. However, as time has progressed, we have seen this more as a cause-and-effect rather than general annual housekeeping. Why?
With these ongoing changes in the Energy sector, it can be hard to recall what must be in place when changes are made. Today’s article offers guidance for those in the process of changing their OSRO – for whatever reason.
At face value, this appears to be a relatively straightforward action, given there are a lot of OSROs in the U.S. from which to choose. However, under OPA90, operators of pipelines and facilities are required to secure by contract OSROs that meet certain levels of classifications; we’ll get into that in more detail below. As such, this can significantly narrow the playing field.
Under OPA90, the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Environmental Protection Agency (EPA), and the United States Coast Guard (USCG) note in their rules what is required of operators in the way of response equipment for different tiered events, e.g., 1-hour, 2-hour, 12-hour, etc. However, each rule is slightly different:
Are all OSROs created equal?
To be clear, I am not stating that some companies are better than others, but companies vary significantly in terms of where they are located, what type of equipment they have, what they are trained to do, and what environments they are prepared for.
How does one secure an OSRO and ensure they meet the necessary requirements?
Initially, there is no wrong or right way. Begin by asking companies located near you whom they are using. Search on Google; use Cleanup Oil using the link below; call your current OSRO and see if they cover the area or know anyone that does. Once you have located an OSRO that might suit your needs, use the USCG OSRO classification workbook (see below) to view their rating for the area. The below chart is an example of how the USCG rates OSROs. In addition to the two shown below, there are Inland, Nearshore, Offshore, and Open Ocean ratings. Ratings are based on the environment where a spill may occur, i.e., your location.
You're good to go if your OSRO is listed and properly rated based on the needs, as noted in the agency reference links above. Next, secure a contract and insert a copy of the agreement into your plan; you’ve now checked off that box.
My OSRO isn’t listed in my area in the USCG’s list of OSROs. Now what?
This happens often. Usually, a company will have a contract with ‘X’ company for most of its assets. After building or acquiring a new asset, they will extend their existing OSRO contract to the new acquisition. However, the OSRO is not listed or adequately rated for the area in the USCG’s list of OSROs. When this happens, call your current or proposed OSRO and share this information and the requirements based on the applicable agency from above to see if they can meet this through network contracts or other means. If not, that is a different dilemma. See the next question.
My OSRO isn’t listed in the USCG’s list of OSROs. Now what?
Under OPA90, operators are required to adhere to the National Preparedness for Response Exercise Program (PREP ) unless an alternative is approved; no one files for this. That said, if you can’t find an OSRO that is certified/approved by the USCG, then you must ensure the contractor is adhering to PREP themselves, in addition to possibly acquiring your own equipment to fill in the required planning/responding requirements under OPA90, i.e., 1,000’ of boom in one-hour at an EPA regulated facility.
When selecting a non-classified USCG OSRO, you will be required to maintain an inventory of their equipment pertaining to your needs (e.g., type, quantity, location) and proof of their PREP exercises within your plan – annual OSRO PREP letter, which provides documentation they have met the required deployment activities. When the USCG approves an OSRO, the USCG has done the background work for you, thus removing these requirements from the operator. Maintaining these records can be a heavy burden to keep up with, as keeping up with third-party records is never an easy task. Unfortunately, this is the only option in some remote areas of the U.S. due to a lack of USCG-classified OSROs. In these cases, you must manage and ensure that all planning requirements are addressed in addition to annual documentation.
Ultimately, choose one that can meet the area's timing requirements and equipment ratings and has an excellent overall reputation. You do not want to be inspected or be part of a GIUE and to be found lacking proper coverage, or worse yet, when the actual event does happen, learn your OSRO is woefully underqualified.
Additional Reference Articles
For a complete listing of archived articles and compliance insights, click here . Past articles cover training requirements, clarification on additional unclear elements within the above rules, and much more.
We are here to help solve your compliance questions and challenges. Need some compliance assistance, or have a question? Please email John K. Carroll III ([email protected] ), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
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