A. General (clarifies 30 CFR 254.1 through 254.9)

As required under 30 CFR 254.1, we receive, review, and approve facility oil spill response plans located seaward of the coastline. Biennially (every two years), we request that you submit your new Oil Spill Response Plans (OSPR) or revisions to your plan to us. If within that period you revise your plan to meet other Federal or State agency requirements, we request that you also submit a copy to us for our review and approval under 30 CFR 254.30.

When we receive an OSRP, we review the plan, coordinate with other reviewing agencies as necessary, provide you or another reviewing agency comments if revisions are necessary, and review your revisions. We will notify you by letter when your plan is approved. For facilities in Federal waters, the plan goes into effect when approved by MMS.

If you plan to operate a facility but do not have an MMS-approved OSRP, you can still operate the facility for up to 2 years if you can certify that you have the capability to respond to the worst case discharge from the facility(ies) you plan to operate. You must submit your plan to the MMS for review and approval during this 2 year period. You should submit this certification in a letter, to the Regional Supervisor, Office of Field Operations (RS, OFO), and certify that you have ensured the availability of personnel and equipment needed to respond to the discharge by contract or other means. This letter should also include verification from the organization(s) providing the personnel and equipment. This verification may be a certificate or copy of a contract. The organization(s) you use must have RS, OFO, approval.

As it is important that your OSRP be a useful working document, we have no preference on the format of your plan. You may use either the format in 30 CFR 254.21(b) or your own format and provide a cross-reference table. If you use a cross-reference table, it should show the location of the information in your plan required under 30 CFR 254.21.

Your Emergency Response Action Plan provides the information necessary for responding to a spill from your facility. The information you provide in this section should be comprehensive, accurate, and current so that you can effectively and efficiently respond to a spill.

For example, under 30 CFR 254.23(e), "a listing of the type of oil handled, stored, or transported at the facility" is required. We suggest that you include the platform from which crude oil is produced, crude oil type, API gravity, specific gravity, viscosity, flash point, solubility, volatility, pour point, sulphur content, susceptibility to mousse formation, natural dispersion, relative toxicity (high, medium or low), weathering characteristics, burnability, hydrogen sulfide concentration (if any), and any other appropriate factors for your oil which would help in a spill response. In addition, a Material Safety Data Sheet for your crude oil should be easily accessible as a reference.

When you identify methods to monitor and predict spill movements as required by 254.23 (g)(2), take into account the prevailing winds and current forces that would drive a slick. You must predict oil spill movement by using any available real-time data in the context of the known oceanic surface circulation flow regimes characteristic of the area of operations. One source of real-time data in the Santa Barbara Channel and the Santa Maria Basin is the Scripps Institution of Oceanography’s web site (http://www.ccs.ucsd.edu/oilspill/).

Currently, the POCSR has a spill response strategy based upon a three-tiered oil spill response for exploratory, development, and production operations. We developed this strategy in consultation with the U.S. Coast Guard, California Coastal Commission, and other agencies. It includes primary, secondary, and tertiary response equipment. When identifying the procedures that you will follow in the event of spills of differing sizes (as required in 250.23(g)), you should follow the three tiered response strategy that is outlined in the following paragraphs.

Primary oil spill response equipment provides the first tier of response. This equipment consists of open ocean boom for containment and skimmers for mechanical recovery. It is maintained at or near the platform for quick deployment.

The initial goal of the primary oil spill response equipment is to quickly contain a small oil spill from a facility by limiting the spread of the spill. This reduces the surface area to be cleaned, allows quick recovery of spilled oil, and confines the environmental effects to the immediate area of the spill if possible. The open ocean boom used for containment must be appropriate for the conditions at the site with two vessels available to deploy the boom. In the past, we have required a vessel capable of deploying the boom within approximately one hour.

Once a spill is contained, primary oil spill response recovery equipment is used to recover the spilled oil. This equipment consists of a skimmer capable of operating in open ocean conditions with a recovery rate of 1,000 barrels/day (after derating to 20 percent of the manufacturer’s listed efficiency factor), that can be deployed in seas in the 5-6 foot range, and that can continue to operate in 8-10 foot seas and 20-knot winds after deployment, per the USCG Marine Safety Manual.

Historically, once the primary oil spill response containment equipment contains the spill, we have required deployment and cleanup operations to begin within two hours after the start of the spill. This requirement applies to certain geographic areas in the POCSR, and may be contingent upon the agreements in your OSRP or any other conditions that satisfy other agency requirements. Primary oil spill response equipment as identified in the OSRP should be available at all times.

Secondary oil spill response is provided by an oil spill cooperative. The cooperative maintains dedicated Oil Spill Response Vessels that can deploy additional boom(s) and/or recovery equipment. These vessels also have capacity for storage of the recovered oil. If the vessels are appropriately equipped and have trained personnel, they can also use alternative response technologies such as dispersants, in situ burning, and bioremediation when approved to do so. The dedicated oil spill response vessel can act as both a primary and secondary oil spill responder, provided that it can meet the time frames for primary response at all times.

Tertiary oil spill response is provided by additional resources which can include the USCG Pacific Strike Team and the U.S. Navy. These resources would be called in for a prolonged spill response if additional resources are needed; thy may also deploy alternative response technologies.

For exploratory operations involving a mobile offshore drilling unit (MODU), we have required on-site oil spill response equipment. We have generally required a dedicated vessel equipped with open ocean containment and recovery equipment, the means to track a spill, a storage container with capacity of at least 15 barrels, and the means to deploy the equipment, such as a crane and boom deployment vessel. We now handle the on-site equipment requirements for exploratory drilling on a case-by-case basis depending upon location of the drilling operations, sensitive areas, worst case scenario, and other environmental conditions.

D. Equipment Inventory Appendix (clarifies 30 CFR 254.24)

Your equipment inventory should include all spill response equipment, such as booms, skimmers, and vessels that you would use to contain and recover a worst case discharge to the maximum extent practicable. You also should include effective recovery capacities of the spill response equipment according to 30 CFR 254.44.

Before relocating, upgrading or replacing, downgrading, or removing any response equipment listed in your plan, you must seek concurrence from the Regional Supervisor, Office of Field Operations, as these changes may require a revision to your OSRP under 30 CFR 254.30.

Furnish evidence in your plan, that you have under contract, the means to respond to the worst case crude oil discharge. Such evidence could include any contracts or membership agreements with oil spill response organizations, cooperatives, spill response service providers, or spill management team members who are not your employees, that you cite in the plan. Any contractual agreements that you furnish in your plan must be current and up-to-date.

We request that you include with your plan copies of the contractual agreements with, or certificates from, Oil Spill Response Organizations (OSRO) and cooperatives. To provide evidence of any other contractual agreements for spill response or services, we request that you list the organization or company you have an agreement with, the services provided, and a contact with phone number. The evidence you provide should be comprehensive enough so that we can determine that you have the resources necessary to respond to your worst case oil spill while your OSRP is in effect.

We use your worst case discharge scenario to determine the adequacy of your spill response capabilities. You should first calculate the source and volume of potential oil spilled, which can be determined by following the process under 30 CFR 254.47 for your worst case scenario. Your spill response strategy is then based upon this volume.

In developing your worst case oil spill discharge scenario you must provide us with enough information, supporting evidence, and details so that we can determine if you have sufficient resources to respond to the size of spill you calculated for your worst case discharge. When demonstrating your ability to respond to the worst case discharge from your facility, you should describe how you would respond to the initial spill volume at the site and then demonstrate how you would support operations for a well blowout lasting 30 days (a continuous flow) if it is part of the scenario.

In determining your adequacy to respond to your worst case discharge, a key factor will be response time as stated in 30 CFR 254.26(d)(4)(v). An appropriate response time should take into account the time necessary to mobilize response equipment, while ensuring the safety of the responders, with the proximity of the spill site to sensitive resources, oil spill trajectories, weather conditions, and other environmental conditions.

For example, facilities located in the southeastern portion of the Santa Barbara Channel are within close proximity to the boundaries of the Channel Islands National Marine Sanctuary and its sensitive resources. A worst case discharge from an offshore facility in this area, based on the trajectory analysis, may require a fast, if not immediate response. To provide a fast or immediate response, equipment may need to be prepositioned at the facility.

Before you modify or change your currently-approved oil spill response strategy, you should ensure that there are no permit conditions or agreements with other Federal, State, or local agencies that prohibit such a change. If necessary, then you should contact that agency to receive concurrence for changes to the permit conditions or agreements, before you revise your OSRP.

Our requirements do not specify which model to use in developing oil spill trajectory for the worst case scenario. We suggest that you choose a spill trajectory model of the same caliber used today by industry, academia, and government (state-of-the-art). The trajectory analysis must reflect the maximum distance your oil can move in a time period that your oil can persist in the environment. Also, include your method to track the movement of the spill.

In addition, your oil spill trajectories should reflect each of the known characteristic oceanic circulation regimes in the area of operation. You must use the best current and wind data available for your oil spill trajectory analysis. You may obtain this information from scientific papers recently submitted to professional oceanographic journals and from recent doctoral theses. As appropriate, you may use the most recent Oil Spill Risk Analysis (OSRA) that we have conducted.

Your OSRP should reference the most current and up-to-date documents regarding application issues, policies, and the availability of dispersant application equipment. Such documents include the National Contingency Plan (NCP), the appropriate Area Contingency Plan (ACP), the "Quick Approval Dispersant Use in Waters off California" policy, and other applicable documents.

You should include how you will transport the dispersants from their storage location to the aircraft or vessel dispersant loading location and an estimate of the time this will take. In the unlikely event of a major oil spill which will exceed the local dispersants’ inventory, describe in the dispersant use plan how you will obtain more dispersant and the time necessary to requisition and relocate it to the dispersant loading location.

You should include in your OSRP any forms necessary to apply for the use of dispersants. Portions of the application form can be completed prior to an oil spill. You may not store dispersants or dispersant application equipment on your platforms or MODU’s. In addition, you should include any information you may have on the efficacy of dispersants on crude oils produced or transported from your facility. You can also find such information on the Environment Canada web site (http://www.etcentre.org).

Your in situ burning (ISB) plan should reflect the availability of equipment from your spill response providers and should discuss the criteria for in situ burns by referencing the latest guidance provided in the NCP, ACP, and any other applicable plans. Your OSPR should include any "In situ Burning Checklists" which could be used to apply for the use of ISB. Also keep in mind that 40 CFR 300.910(c) states that the "On-Scene Coordinator, with the concurrence of the EPA representative to the Regional Response Team and, as appropriate,... and in consultation with the Department of Commerce and DOI natural resource trustees, when practicable, may authorize the use of burning agents on a case-by-case basis."

If you have on-site spill (primary) response at your facility, you should have a spill response team comprised of one or more trained individuals to operate the equipment onboard at all times. Your spill response team, as described in 30 CFR 254.23(c), must be trained and available on a 24-hour basis to deploy and operate the equipment.

As there are platforms that do not maintain on-site spill response equipment, oil spill cooperative personnel will operate the primary and/or secondary oil spill response equipment. The oil spill cooperative personnel may act on your behalf as the oil spill response operating team for your platform(s) in the POCSR. We recognize the importance of having a minimum of one spill response trained individual at each platform at all times.

You must submit the plan to the MMS for review and approval within a 2-year period from the last time the plan was approved. We will notify you when your plan is due for a biennial revision.

If you send your plan to another Federal or State Agency, for review during that period, you should also send a copy to us. You should update any significant changes to your OSRP and submit it to the RS, OFO, for approval.

30 CFR 254, Subpart C--Related Requirements for OCS Facilities

We will periodically initiate unannounced exercises to test your oil spill response preparedness. Each of your facilities will receive only one unannounced exercise per calendar year unless results of a previous exercise warrant a greater frequency. We conduct both minor and major unannounced oil spill response exercises.

Minor unannounced exercises involve simulated spills up to 15 barrels of oil and are designed to exercise your primary oil spill response equipment. A major oil spill exercise is designed to test your response at both the facility and command center in response to a reasonable worst case oil spill. In both exercises, equipment is deployed at the site of the spill.

In addition to an exercise, we conduct "Pollution Prevention Inspections." According to 30 CFR 250.40, upon request you must make available to any authorized MMS representative all records of service, maintenance, training, personnel, equipment, etc., provided by OSRO’s or cooperatives.

You must exercise your entire response plan at least once every 3 years (triennial requirement). To satisfy the minimum triennial exercise requirement, you should conduct the following:

1. An annual tabletop exercise of your spill management team which is identified in your plan.
2. An annual deployment exercise of response equipment identified in your plan that is staged at onshore locations owned and operated by you, your OSRO, or cooperative.
3. An annual notification exercise between facility personnel and your qualified individual at each facility that is manned on a 24-hour basis.
4. A semiannual (twice a year) deployment exercise of any response equipment that MMS requires an owner or operator to maintain at the facility or on dedicated vessels.

To ensure that your entire plan is exercised, different scenarios, personnel, facilities, and equipment should be drilled at each exercise over the 3-year period. During your exercises, you must simulate weather conditions in the area of operations. You must maintain all records of a spill response exercise for the complete 3-year cycle. You must inform the Regional Supervisor of the date of any exercise(s) at least 30 days before the exercise(s).

We may also require changes in the frequency or location of MMS initiated exercises, equipment to be deployed and operated, or deployment procedures or strategies. We will evaluate the results of the exercise and advise you of any needed changes in response equipment, procedures, or strategies. Your compliance with the National Preparedness and Response Exercise Program will satisfy the exercise requirements of 30 CFR 254.42 and the Pacific Region’s guidelines. We believe these oil spill exercises are essential for maintaining a safe and pollution-free operation.

You must inspect and maintain your response equipment listed in the response plan to ensure optimal performance. Optimal performance means that your oil spill response equipment will perform at or above the level advertised by the equipment manufacturer at all times. We will evaluate your spill response equipment during MMS drills and inspections.

An MMS team will visit the OSRP and inspect and verify your oil spill response equipment to validate the resources identified in your OSRP. The inspection team will normally include members from the MMS and the U.S. Coast Guard, and may include other State and Federal agency representatives. The Regional Supervisor will contact the OSRO to schedule all visits. MMS could change equipment classifications based upon the results of verification visits.

The primary purpose of inspection and verification visits is to audit the OSRO's equipment and personnel inventory, inspect the personnel training records, inspect equipment maintenance records, verify contractual agreements, verify equipment condition and status of readiness, and to conduct an overall assessment of the accuracy of the OSRO's representations as referenced in OSRPs. The audit is a quality assurance check of the equipment and trained personnel and not a guarantee of performance.

If the OSRO's equipment and personnel status do not accurately reflect the information provided in the Regional Resource Manual, the MMS will inform the operator to make changes which appropriately reflect its actual resources.

M. Verification of Response Equipment Capabilities (clarifies 30 CFR 254.45)

All oil spill response equipment should be state-of-the-art. It should be capable of open ocean operations in 8-10 foot seas and 20-knot winds and deployment in 5-6 foot seas as described by the USCG Marine Safety Manual. If we think that your oil spill response equipment does not meet the criteria or have these capabilities, the RS, OFO can require performance testing of the equipment to verify its capabilities.

The OSRO should maintain its equipment is in good operating condition, perform manufacturer-recommended preventive maintenance, ensure that equipment is transportable, and use compatible system components. You may not include equipment that is inoperable, not mobile or transportable, or has incompatible system components in the overall removal capacity for classification purposes.

Section 311 of the Federal Water Pollution Control Act requires immediate notification of spills of oil or spills of hazardous substances into any body of water. This applies to releases into wetlands, lakes, streams, rivers, and navigable waters offshore out to approximately 200 miles. You must report all such spills to the National Response Center by calling 1-800-424-8802.

To reduce duplicate reporting of spills, the National Response Center forwards to MMS reports of offshore spills. We only require you to notify MMS directly for spills of one barrel or more.

The highest worst case discharge volume from all facilities covered by your plan is used to determine if you have sufficient resources to respond to this spill. To determine the initial volume of your worst case oil discharge from an oil production platform facility (30 CFR 254.47(a)), you must sum the following:

(1) the maximum capacity of all oil tanks and flow lines;

(2) the volume of oil from a break in a pipeline connected to the facility considering factors which may affect amount; and

(3) the daily production volume of oil that would flow from the highest capacity well at the facility.

P. Spill Response Plans for Facilities Located in State Waters Seaward of the Coastline

If you operate a facility in state waters, you must biennially submit an OSRP to us for review and approval. If you submit a response plan to the California Department of Fish and Game, Office of Spill Prevention and Response, also send us a copy (30 CFR 254.53). We have a cooperative review process with that office. You may locate a copy of this review process on the MMS website (public/reading.htm) and it is available upon request.

Web Master: Nollie Gildow-Owens
Page content last updated 09/20/2006
Page last published 09/20/2006