Regulatory Lessons Regulatory Lessons LearnedLearned

Drills, Plans, Training Drills, Plans, Training and Responseand Response

Presented ByPresented ByTrey PhillipsTrey Phillips

J. Connor Consulting, Inc.J. Connor Consulting, Inc.www.jccteam.comwww.jccteam.com

BeginningsBeginnings

Rivers and Harbors Act

1899

Regulatory HistoryRegulatory History Clean Water Act of 1972 – established a

basic system for the cleanup of oil spills Required operators to own or have access

to spill response equipment CGA formed

1978 Amendments to the Outer Continental Shelf Lands Acts (OCSLA) established liability for cleanup costs and damages

Regulatory HistoryRegulatory HistoryOil Pollution Act of 1990Oil Pollution Act of 1990

(OPA 90)(OPA 90) Catalyzed by the grounding of the Exxon Valdez,

signed into law by President Bush on August 18, 1990

The most comprehensive oil spill liability and prevention regime enacted by any country in the world

Primary aspects: Prevention Planning Liability Response

Regulatory HistoryRegulatory HistoryPreventionPrevention

OPA 90 Requirement for double hulled vessels by 2015

SKS Satilla

Off Houston, 4 March, 09

40,000,000 Gallons Crude

Struck Ensco 74

130 ft. Gash, Outer Hull

No Spill

It worked!!

DBL 152, The largest spill you’ve never heard of

Regulatory HistoryPrevention

Various “Experts” said, the 441 foot barge “Will not turn turtle!”

Oops!!

Spill recovery techniques!?How much lost? 1.3 Million Gallons??Where is it??

OPA Jurisdiction forOPA Jurisdiction forPrevention and PlanningPrevention and Planning

USCG for vessels & marine-transportation related facilities

EPA for onshore oil storage facilities

DOT-PHMSA for oil transmission pipelines

BSEE for offshore facilities

Concept of “Responsible Concept of “Responsible Party”Party”

RP of offshore facility = the lessee or permittee of the area in which the facility is located

OPA imposes strict liability for oils spills liability without fault

Therefore, the RP is the owner or operator of the facility, regardless of who was at fault for the spill

PreparednessPreparedness

Oil Spill Response Plan Oil Spill Response Plan Requirements for the Requirements for the

OCSOCS

BSEE Plan RequirementsBSEE Plan Requirements

30 CFR Part 254 requires operators of all oil handling, storage, or transportation facilities located “seaward of the coast line” to submit an oil spill response plan to BSEE

This includes all facilities in state waters that are “outside of the barrier islands”

Plan SubmissionPlan Submission

All facilities must be covered under an approved response plan. Plans are approved for a period of two years.

Plans must be kept up-to-date; operations must be in compliance with the Plan.

Significant modifications must be submitted to BSEE within 15 days: Reductions in response capabilityReductions in response capability Significant increase to any worst case Significant increase to any worst case

discharge scenario (NTL 2013-N02)discharge scenario (NTL 2013-N02) Changes to QI/Spill Management TeamChanges to QI/Spill Management Team

NTL 2013-N02NTL 2013-N02Instead of comparing WCD volumes, Instead of comparing WCD volumes, BSEE is now shifting the focus of a BSEE is now shifting the focus of a WCD comparison to spill response WCD comparison to spill response

equipment.equipment. If proposed WCD requires more If proposed WCD requires more

equipment, then you must revise your equipment, then you must revise your OSRP and submit to BSEE within 15 OSRP and submit to BSEE within 15 days.days.

For drilling WCD, the 15 day deadline For drilling WCD, the 15 day deadline begins when you submit an APD.begins when you submit an APD.

OSRP Regulations - 30 OSRP Regulations - 30 CFR 254CFR 254

254.30 When must I revise my 254.30 When must I revise my response plan?response plan? You must submit revision to your plan You must submit revision to your plan

for approval within 15 days whenever:for approval within 15 days whenever: A significant change occurs in the worst A significant change occurs in the worst

case discharge scenario or in the type of oil case discharge scenario or in the type of oil being handled, stored, or transported at the being handled, stored, or transported at the facility.facility.

ImplicationsImplications

The NTL was issued by BSEE and it The NTL was issued by BSEE and it affects Oil Spill Response Plans.affects Oil Spill Response Plans.

The NTL has no bearing on BOEM or The NTL has no bearing on BOEM or EP/DOCD process.EP/DOCD process.

BSEE and BOEM are still in BSEE and BOEM are still in discussions regarding OSRP approval’s discussions regarding OSRP approval’s role in EP/DOCD review/approval.role in EP/DOCD review/approval.

They have not yet come to an They have not yet come to an agreement.agreement.

BSEE Definition of a BSEE Definition of a Qualified IndividualQualified Individual

An English-speaking representative of an owner or operator: located in the United States available on a 24-hour basis with full authority to:

obligate funds for surface and subsea operations

carry out removal actions communicate with the appropriate Federal

officials and the spill response organization

EvolutionEvolution

Training, Drills & Training, Drills & BSEE Unannounced BSEE Unannounced

Drill ProgramDrill Program

Exercises Mid 90’sExercises Mid 90’s Operator filled most or all boxes on Organization chartOperator filled most or all boxes on Organization chart Training once a year left most unsure of how to perform their Training once a year left most unsure of how to perform their

assigned dutiesassigned duties Started the transition to Contract Spill Management TeamsStarted the transition to Contract Spill Management Teams

Exercises in Y2kExercises in Y2k Operator moved to positions on the Organization chart that made Operator moved to positions on the Organization chart that made

sense to their daily expertisesense to their daily expertise Qualified IndividualQualified Individual Source ControlSource Control HR/PIO/LegalHR/PIO/Legal

Contract SMT’s found their way into most operators Spill PlansContract SMT’s found their way into most operators Spill Plans Training was dwindling down to the QI for operatorsTraining was dwindling down to the QI for operators

Exercises Post-Deepwater HorizonExercises Post-Deepwater Horizon Healthy combination of Responsible Party and contract SMT on Healthy combination of Responsible Party and contract SMT on

Org. ChartOrg. Chart All personnel listed on the Org. Chart receive annual classroom All personnel listed on the Org. Chart receive annual classroom

training , covering components outlined by BSEEtraining , covering components outlined by BSEE Deepwater source control has outgrown the traditional organizationDeepwater source control has outgrown the traditional organization

Evolution of ExercisesEvolution of Exercises

Training RequirementsTraining RequirementsToday and BeyondToday and Beyond

Spill Management Team and QI must receive annual classroom training

SMT members should “Know Their Job” Source Control Section Chief should have

Source Control Training. (At this time, BSEE accepts exercises as training)

No other guidance given by BSEE regarding types of training for specific team members.

BSEE Oil Spill Program Initiatives

Inspects oil spill response equipment under contract

Conducts unannounced oil spill drills: Develops the spill scenario Establishes an observation plan Initiates exercise with Operator, contract SMT or

offshore facility Facilitates and evaluates the exercise Reviews drill documentation (to be submitted w/n

15 business days) Prepares and disseminates a technical analysis of

the drill and determines success on a pass/fail basis

Be aggressive, notify responders early Know how to activate your subsea contractor Have an orderly sign-in system and formatted roster Follow the BSEE instructions to the letter when

preparing documentation All team members must keep a log of their major

actions during the event—recommend use of ICS 214 A Put your name and SMT position at the top of each

page If you are named in the OSRP in any position, ensure

you have had SMT training in the last year Most INCs are for documentation Problems with past drills or district offices and bad

safety record can get you picked.

BSEE Unannounced Exercise BSEE Unannounced Exercise Hints Hints

Recent Lessons from Exercises and IncidentsBSEE:• Is extremely involved working blowout scenarios• Research all possible avenues to solve a well control issue• Be ready to provide detailed safety plans for every source control and debris removal operation

Communications• Ensure good communications between Source Control and Unified Command• Request USCG and BSEE liaison at your Source Control Command Post

Recent Lessons from Exercises and Incidents

Documentation & Control• Ensure contractors and company personnel turn in documents• An Incident Action Plan (IAP) will likely be requested if extended well control operations are expected (2-3 days)

Recent Lessons from Exercises and IncidentsTraining and Records:• Initiate organization of training records of contractors and company personnel • Initiate organization of all BOP records from date of manufacture through latest testing prior to deployment

Source Control Operations:• Coordinate all Well Control actions with CG and BSEE

Incident Management•Leave no doubt that you are in control and are working cooperatively with the USCG and BSEE •Get PIO help ASAP

QUESTIONS????QUESTIONS????