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????
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