Winter 1998

U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration

OPA 90
LESSONS LEARNED

OPS ON THE WORLD WIDE WEB

For late breaking news on OPS= OPA >90, mapping, unusually sensitive area, risk management, compliance, and other work, visit the OPS home page. The address is http.ops.dot.gov. For questions on facility response plans, one plan, and incident command systems, please e-mail Jim Taylor at jim.taylor@rspa.dot.gov and for questions on exercises please e-mail Melanie Barber at melanie.barber@rspa.dot.gov

OPS CHANGES PLAN REVIEW CYCLE FROM THREE YEARS TO FIVE

Until Christmas Eve 1997, OPS reviewed Oil Pollution Act of 1990 (OPA >90) facility response plans every three years while the EPA and the Coast Guard reviewed the plans every five years. To make our requirement consistent with the EPA and the Coast Guard, OPS issued a rulemaking changing our plan review cycle from three to five years. This means that OPS-regulated facilities will not have to go through the plan review process more frequently than facilities subject to the other two agencies' regulation. Our direct final rule changed the three-year cycle to a five-year cycle, while leaving the rest of the regulation intact. It was published on December 24, 1997 in the Federal Register (62 FR 67292).

Operators who classify their pipelines as significant and substantial harm facilities should resubmit their plans every five years after the dates they were approved. Here are two examples. A pipeline operator whose response plan was approved in 1995 would not have to resubmit its plan until 2000 and a plan that OPS approved in 1997 would not have to be resubmitted until 2002. If, in the five years after OPS approves a plan, the operator has not changed the plan, all the operator needs to do is send a letter to OPS stating the plan on file is current. We will review the plan and, if appropriate, approve it.

Operators who classify their pipelines as substantial harm facilities must submit response plans, but do not get approval from OPS. These operators must resubmit their plan to OPS five years after the initial submission. For example, if the operator submitted its plan in 1994, the resubmission will be due in 1999. If five years after submitting the plan, an operator has not changed the plan, all the operator needs to do is write OPS stating the plan on file is current.

OPS intends to publish another Federal Register notice to answer operators' questions about the plan review cycle. OPS will publish a rule later in 1998 to finalize 49 CFR 194 and incorporate changes based on public comments to the docket. OPS decided to change the plan review cycle prior to publishing the final rule, so that operators would have immediate notice about having the longer review cycle.

For answers to questions about OPA >90 response plans, please call Jim Taylor at (202) 366-8860, send him a fax at (202) 366-4566, or e-mail jim.taylor@rspa.dot.gov.

PLAN REVIEW LESSONS

OPS reviews and approves pipeline operators= facility response plans for compliance with 49 CFR 194. It usually takes six to eight weeks from the time we get a plan until we send our review findings to an operator. When a new plan is submitted because a line is built or sold, OPS requires operators to include a statement certifying that they have sufficient personnel and equipment to respond to a worst case discharge or the substantial threat of a discharge (49 CFR 194.119(e)).

OPS can issue the operator a temporary conditional approval for their plan, enabling them to operate the pipeline while OPS works with them to ensure that the plan meets OPS standards.

The three main planning challenges are protecting environmentally sensitive areas, having adequate communications capabilities, and implementing incident command systems. OPS wants to make sure that operators understand how to implement a unified command with Federal, State, and local agencies responding to a major spill.

OPS works with operators who have difficulty addressing these planning requirements, to help them find solutions that fit their companies= organizations and capabilities. We encourage operators who are struggling with planning requirements to call for advice or to fax in excerpts from their drafted documents for our comments. When we review an operators plan, we use a check list based on the interim final rule for 49 CFR 194. When OPS issues a final rule, our plan review check list will be updated.

REGION RESPONSE TEAM MEETINGS STRENGTHEN INDUSTRY AND GOVERNMENT OIL SPILL PREVENTION AND RESPONSE

Jim Taylor, OPS Response Plans Officer, and MelanieBarber, OPS Environmental Planning Officer, went to twelve of the thirteen Region Response Team (RRT) meetings last year to discuss OPS= risk management demonstration program, oil spill prevention and response work, unusually sensitive area definition, and national pipeline mapping effort. The RRT members represent fifteen Federal agencies, the States, local emergency responders, and the public. OPS improved our understanding of environmental protection issues by expanding communications with our Federal, State, local, and industry partners across the Nation. RRT members demonstrated team work and technical expertise in oil spill and hazardous material spill response drills. Some RRT members who had not taken part in OPS PREP exercises have committed to playing roles in Fiscal Year 1998 table top and area exercises. (See 1998 RRT Schedule on last page of newsletter).

OPS seeks table top volunteers. Call Melanie Barber to sign up at (202) 366-4560 or e-mail melanie.barber@rspa.dot.gov.

"Lessons Learned" is a quarterly newsletter published by DOT/OPS for the pipeline safety stakeholder. We encourage your comments and suggestions for future issues.