What is a PHMSA OSRP 5-Year Review? – 2023 Reminder – 3-Part Miniseries (FRPs & OSRPs)
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
To end the mini-series of articles revisiting the Oil Pollution Act of 1990 (OPA90) 5-Year Review requirements, this week I will address the question: What is a Department of Transportation’s (DOT) Pipeline Hazardous Material Safety Administration (PHMSA) OPA90 Oil Spill Response Plan (OSRP) 5-Year Review?
If you missed my last two articles:
To kick off this topic, let’s review the questions Witt O’Brien’s often receives related to this topic:
First, let’s see what the rule states:
(a) Each operator shall update its response plan to address new or different operating conditions or information. In addition, each operator shall review its response plan in full at least every 5 years from the date of the last submission or the last approval as follows:
(1) For substantial harm plans, an operator shall resubmit its response plan to OPS every 5 years from the last submission date.
(2) For significant and substantial harm plans, an operator shall resubmit every 5 years from the last approval date.
Now that we know what the rule states, let us refer to our list of questions.
Can I use my current plan review/edits/ for this? Yes, however, you must ensure the 5-Year Review is documented on the revision record.
Can I do it before my actual five-year anniversary? Yes, you may conduct a 5-Year Review anytime during this period, effectively restarting the clock. Hereto, ensure the submittal letter explains this. As we’ve seen more frequently with the United States Coast Guard, do not be surprised if PHMSA comes back and says too early to do this if done within the first three years or so.
I need a quote for help with my 5-Year Review and resubmitting my OSRP to the PHMSA. No problem; however, be mindful of the original approval date and give yourself at least 90 days to review the plan and administer any plan edits. When ready, and before the original approval 5-year anniversary date, submit electronically to [email protected] (if too large, email this address and request an FTP link). An important note, PHMSA hasn’t updated 49 CFR 194 yet, and the CFR still states one should submit two electronic copies, e.g., CD, thumb drive, to D.C. Due to COVID-19, PHMSA has changed this requirement to electronic email submissions only. From what we’ve been told, the old post office box is no longer checked regularly.
Be mindful that if you trigger one of the below scenarios before your 5-Year Review date, you will have to resubmit the OSRP to PHMSA within 30 days.
(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;
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(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.
What do I need to do for my 5-Year Review? At a minimum, three (3) things should be accomplished:
Additional reads:
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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