What is a PHMSA OSRP 5-Year Review?

“What is a Department of Transportation’s (DOT) Pipeline Hazardous Material Safety Administration (PHMSA) Oil Pollution Act of 1990 (OPA90) Oil Spill Response Plan (OSRP) 5-Year Review?” A PHMSA OSRP 5-Year Review is similar to the U.S. Coast Guard’s (USCG) 5-Year Review, as such, at Witt O’Brien’s we see confusion with plan holders on addressing them from time-to-time like with the USCG 5-Year Review. Again, as the Environmental Protection Agency (EPA), and the USCG have slightly different variations to this under their parts of OPA90, people undoubtedly get confused. I usually get asked, or see, the following:

Can I use my current plan review/edits for this?

Can I do it before my actual five-year anniversary?

I need a quote to have you help with my 5-Year Review and resubmit my OSRP to PHMSA.

What do I need to do for my 5-Year Review?

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’s go back to our questions.

Can I use my current plan review/edits for this? Yes; however, you need to ensure the 5-Year Review is documented on the revision record and the submittal letter explains this.

Can I do it before my actual five-year anniversary? Yes, you can conduct a 5-Year Review anytime during this period, effectively restarting the clock. Here too, ensure the submittal letter explains this.

I need a quote to have you help with my 5-Year Review and resubmit my OSRP to PHMSA. No problem, however, be mindful of the original approval date, and give yourself at least 90 days to review the plan and to administer any plan edits. When ready, and before the original approval 5-year anniversary date, send off two (2) electronic copies, i.e., CDs, of the complete plan to PHMSA at the Office of Pipeline Safety - PHMSA, U.S. DOT, Response Plan Review, 1200 New Jersey Avenue, SE - (E22-321), PHP-5 East Bldg., 2nd Floor, Washington, District of Columbia 20590.

Now be mindful, if you trigger one of the below scenarios before your 5-Year Review date, you’ll have to resubmit two (2) electronic copies 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;

(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? The rule is noted above; however, at a minimum three (3) things should be accomplished:

1. You should use this time to review the National and Area Contingency Plans (NCP/ACP) for the areas traversed by your pipeline, your environmental sensitivity maps (ESM), new/different operating conditions, and your vulnerability analysis to ensure your OSRP is still up-to-date, as lots can change in five years, e.g., new neighbors, new water intakes, updates to the listing of endangered animals along the pipeline, etc., and it is important your pre-plans for protecting/responding to these in your OSRP are current.
2. You should use this time to review the overall OSRP: contact tables; pipeline/breakout tank details; procedures; diagrams; spill responder contracts; etc.
3. You should use this time to review the quality of your drill/exercise program, and see if policy changes should be enacted to strengthen your overall program/capabilities.

Lastly, be mindful of the discussions discussed in the following article, as things in PHMSA have changed. Click Here.

Need some compliance assistance with your OSRP or just have a question? Email John Carroll ([email protected]), Associate Managing Director - Compliance Services at Witt O’Brien’s or reach him by phone at 281-320-9796.