3Regulatory HistoryClean Water Act of 1972 – established a basic system for the cleanup of oil spillsRequired operators to own or have access to spill response equipmentCGA formed1978 Amendments to the Outer Continental Shelf Lands Acts (OCSLA) established liability for cleanup costs and damages3
4Regulatory History Oil Pollution Act of 1990 (OPA 90) Catalyzed by the grounding of the Exxon Valdez, signed into law by President Bush on August 18, 1990The most comprehensive oil spill liability and prevention regime enacted by any country in the worldPrimary aspects:PreventionPlanningLiabilityResponse4
5Regulatory History Prevention OPA 90 Requirement for double hulled vessels by 2015SKS SatillaOff Houston, 4 March, 0940,000,000 Gallons CrudeStruck Ensco 74130 ft. Gash, Outer HullNo SpillIt worked!!5
6Regulatory History Prevention DBL 152, The largest spill you’ve never heard of
7Various “Experts” said, the 441 foot barge “Will not turn turtle!”
9Spill recovery techniques!? How much lost? 1.3 Million Gallons??Where is it??
10OPA Jurisdiction for Prevention and Planning USCG for vessels & marine-transportation related facilitiesEPA for onshore oil storage facilitiesDOT-PHMSA for oil transmission pipelinesBSEE for offshore facilities10
11Concept of “Responsible Party” RP of offshore facility = the lessee or permittee of the area in which the facility is locatedOPA imposes strict liability for oils spills liability without faultTherefore, the RP is the owner or operator of the facility, regardless of who was at fault for the spill11
12Oil Spill Response Plan Requirements for the OCS PreparednessOil Spill Response Plan Requirements for the OCS12
13BSEE 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 BSEEThis includes all facilities in state waters that are “outside of the barrier islands”13
14Plan SubmissionAll 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 capabilitySignificant increase to any worst case discharge scenario (NTL 2013-N02)Changes to QI/Spill Management Team14
15NTL 2013-N02Instead of comparing WCD volumes, BSEE is now shifting the focus of a WCD comparison to spill response equipment.If proposed WCD requires more equipment, then you must revise your OSRP and submit to BSEE within 15 days.For drilling WCD, the 15 day deadline begins when you submit an APD.
16OSRP Regulations - 30 CFR 254When must I revise my response plan?You must submit revision to your plan for approval within 15 days whenever:A significant change occurs in the worst case discharge scenario or in the type of oil being handled, stored, or transported at the facility.
17ImplicationsThe NTL was issued by BSEE and it affects Oil Spill Response Plans.The NTL has no bearing on BOEM or EP/DOCD process.BSEE and BOEM are still in discussions regarding OSRP approval’s role in EP/DOCD review/approval.They have not yet come to an agreement.
18BSEE Definition of a Qualified Individual An English-speaking representative of an owner or operator:located in the United Statesavailable on a 24-hour basiswith full authority to:obligate funds for surface and subsea operationscarry out removal actionscommunicate with the appropriate Federal officials and the spill response organization18
20Evolution of Exercises Exercises Mid 90’sOperator filled most or all boxes on Organization chartTraining once a year left most unsure of how to perform their assigned dutiesStarted the transition to Contract Spill Management TeamsExercises in Y2kOperator moved to positions on the Organization chart that made sense to their daily expertiseQualified IndividualSource ControlHR/PIO/LegalContract SMT’s found their way into most operators Spill PlansTraining was dwindling down to the QI for operatorsExercises Post-Deepwater HorizonHealthy combination of Responsible Party and contract SMT on Org. ChartAll personnel listed on the Org. Chart receive annual classroom training , covering components outlined by BSEEDeepwater source control has outgrown the traditional organization20
21Training Requirements Today and Beyond Spill Management Team and QI must receive annual classroom trainingSMT 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.21
22BSEE Oil Spill Program Initiatives Inspects oil spill response equipment under contractConducts unannounced oil spill drills:Develops the spill scenarioEstablishes an observation planInitiates exercise with Operator, contract SMT or offshore facilityFacilitates and evaluates the exerciseReviews 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 basis22
23BSEE Unannounced Exercise Hints Be aggressive, notify responders earlyKnow how to activate your subsea contractorHave an orderly sign-in system and formatted rosterFollow the BSEE instructions to the letter when preparing documentationAll team members must keep a log of their major actions during the event—recommend use of ICS 214 APut your name and SMT position at the top of each pageIf you are named in the OSRP in any position, ensure you have had SMT training in the last yearMost INCs are for documentationProblems with past drills or district offices and bad safety record can get you picked.
24Recent Lessons from Exercises and Incidents BSEE:Is extremely involved working blowout scenariosResearch all possible avenues to solve a well control issueBe ready to provide detailed safety plans for every sourcecontrol and debris removal operationCommunicationsEnsure good communications between Source Controland Unified CommandRequest USCG and BSEE liaison at your SourceControl Command Post
25Recent Lessons from Exercises and Incidents Documentation & ControlEnsure contractors and company personnel turn indocumentsAn Incident Action Plan (IAP) will likely be requestedif extended well control operations are expected (2-3 days)
26Recent Lessons from Exercises and Incidents Training and Records:Initiate organization of training records of contractors andcompany personnelInitiate organization of all BOP records from date ofmanufacture through latest testing prior to deploymentSource Control Operations:Coordinate all Well Control actions with CG and BSEEIncident ManagementLeave no doubt that you are in control and are workingcooperatively with the USCG and BSEEGet PIO help ASAP