When to Resubmit a PHMSA OSRP
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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If you are in the oil and gas industry, you’re not new to regulations that overlap, or read and act very similarly. It’s wise to be diligent in your review of the planning requirements for these rules, as there are enough nuances to get you in trouble if you are not vigilant.
The United States Pipeline and Hazardous Materials Safety Administration’s (PHMSA) 49 CFR Part 194 is an excellent example of this challenge. It is part of the Oil Pollution Act of 1990 (OPA90), and the United States Coast Guard (USCG), and the Environmental Protection Agency (EPA) have their own delegated oversight responsibilities for inland facilities. They both have the same intention, but they deal with different operations. They have similar, but slightly different provisions. As such, it can get confusing in terms of when things must be done and how to do them. A good example of this dilemma is knowing when your Oil Spill Response Plan (OSRP) must be submitted or resubmitted.
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Here is what PHMSA says about when to resubmit an OSRP:
(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.
(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.
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This can be confusing because EPA doesn’t require a resubmission every five years; it just needs a review of the Facility Response Plan (FRP), and if changes are made, you resubmit. USCG, on the other hand, does require it. EPA’s provision for “significant changes,” notes that you have 60 days to resubmit. USCG, like PHMSA, states 30 days. Item 6 ?- the Qualified Individual -? from the rule above is not mentioned in the USCG or EPA rule, but both agencies have stated that they expect it to be included. People get tripped up on these nuances, so it’s important to understand them thoroughly.
Other than 5 and 8, the above provisions are straightforward. A good example for number 5 (Emergency response procedures)? would be changing your Spill Management Team (SMT) structure, or completely overhauling your response tactics based on a recent incident. Number 8 (other information) is odd, and left to your best judgment, but if anything has significantly changed how you would respond to an incident, that change would require a resubmission.
If you make changes to your OSRP that do not fall into one of the above categories, you still must resubmit your OSRP; however, the timeline is not as stringent. You should send updates as soon as possible, and no later than by the end of the calendar year.
One important note: the rule still says you should send hard copies to PHMSA, but now they only take electronic submissions. You can submit your plan to [email protected]. If it is too large to email, request an FTP link by emailing [email protected].
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Do you have questions or need support with your OSRP? Witt O’Brien’s has supported pipeline operators from coast to coast and regularly hosts PHMSA compliance workshops.
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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.
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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