[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36773-36774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15682]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2010-0175]
Pipeline Safety: Updating Facility Response Plans in Light of the
Deepwater Horizon Oil Spill
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Notice; issuance of Advisory Bulletin.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing an Advisory Bulletin to operators of
hazardous liquid pipeline facilities required to prepare and submit an
oil spill response plan under 49 CFR part 194. In light of the
Deepwater Horizon oil spill in the Gulf of Mexico, which has resulted
in the relocation of oil spill response resources to address the oil
spill, PHMSA is reminding operators of their responsibilities to review
and update their oil spill response plans and to comply with other
emergency response requirements to ensure the necessary response to a
worst case discharge from their pipeline facility.
FOR FURTHER INFORMATION CONTACT: John Hess, Director for Emergency
Support and Security, (202) 366-4595 or by e-mail at
[email protected]. Additional information about PHMSA may be found at
http://phmsa.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
PHMSA is the Federal safety authority with responsibility to ensure
the safe, reliable, and environmentally sound operation of the Nation's
pipeline transportation system. Pursuant to authority delegated under
the Oil Pollution Act of 1990, 33 U.S.C. 1321, and Executive Order
12777, 56 FR 54757, Oct. 18, 1991, PHMSA has issued regulations in 49
CFR part 194 that require operators of onshore pipeline facilities to
prepare and submit oil spill response plans to reduce the environmental
impact of oil discharges. Operators of onshore pipelines that could
reasonably be expected to cause significant or substantial harm to the
environment by discharging oil into or on any navigable waters of the
United States or adjoining shorelines must prepare and submit to PHMSA
an oil spill response plan. The plan must be individually tailored to
the geographic location of the facility and contain detailed procedures
for responding, to the maximum extent practicable, to ``a worst case
discharge and to a substantial threat of such a discharge.'' Among
other requirements, operators must calculate the worst case discharge
scenario for the facility and develop procedures for responding to such
a scenario, including identifying and ensuring, by contract or
otherwise, necessary resources for the response. Plans must include
immediate notification procedures, spill detection and mitigation
procedures, training, and a drill or simulation program. Operators are
required to review and update their response plans at least every five
years, but must immediately update a plan if new or different operating
conditions or circumstances would affect full implementation of the
plan. Such modifications are required to be submitted to PHMSA within
30 days under Sec. 194.121(b)(8). In addition to submitting plans to
PHMSA, operators must maintain their response plans on-site for
inspection by PHMSA during field audits.
PHMSA has also prescribed safety standards for hazardous liquid
pipeline
[[Page 36774]]
facilities governing emergency response in 49 CFR 195.402. Operators
must have emergency response procedures that require, among other
things, having sufficient resources available at the scene, taking
necessary action (such as emergency shutdown) to minimize the volume of
hazardous liquid released, controlling released hazardous liquid, and
minimizing public exposure to injury. Operators must also maintain
liaison with emergency responders and other appropriate public
officials, and coordinate preplanned and actual emergency responses.
PHMSA regularly inspects operators' compliance with these requirements
during on-site inspections.
On April 20, 2010, an explosion and fire on the Deepwater Horizon
mobile drilling unit, approximately 40 miles offshore in the Gulf of
Mexico, led to a massive release of crude oil from a well on the sea
floor. The oil spill is estimated to be the largest offshore spill in
United States history. The catastrophic event, which has proven to be
far worse than originally estimated, is diverting resources from all
over the Nation to the areas impacted by the spill and potentially
affecting the availability of resources identified in pipeline
operators' oil spill response plans, resulting in circumstances that
could affect full implementation of pipeline operators' plans.
While offshore drilling is not governed by 49 CFR part 194, PHMSA
is reminding onshore hazardous liquid pipeline operators of their
responsibilities under such regulations to review, update, and maintain
their oil spill response plans to ensure that each plan: properly
calculates the worst case spill scenario for the pipeline facility;
identifies and ensures by contract or otherwise sufficient resources to
respond, to the maximum extent practicable, to such a discharge; and
evaluates the identified resources' remaining capability given the
ongoing relocation of resources to the Gulf. PHMSA will not consider it
``practicable'' to list resources for responding to a worst case
discharge, if such resources are, or are requested to be, relocated to
respond to the Deepwater Horizon oil spill until such resources are
returned. Operators must conduct this review and submit any updates to
their oil spill response plans as set forth in Sec. 194.121 within 30
days. Operators are further reminded of their responsibilities to
maintain their response plans on-site, to conduct regular drills of
their plans, and to maintain the necessary liaison with emergency
responders and other appropriate public officials. PHMSA intends to
evaluate operators' performance of these efforts during upcoming field
audits.
Advisory Bulletin (ADB-10-05)
To: Operators of Hazardous Liquid Pipeline Systems.
Subject: Updating Facility Response Plans in Light of the Deepwater
Horizon Oil Spill.
Advisory: Operators of onshore pipelines that could reasonably be
expected to cause significant or substantial harm to the environment by
discharging oil into or on any navigable waters of the United States or
adjoining shorelines must prepare and submit an oil spill response plan
pursuant to 49 CFR part 194. Among other requirements, a response plan
must include a proper calculation of a worst case discharge and
identify the available resources to respond. (See also 49 CFR appendix
A to part 194).
The April 20, 2010, explosion and subsequent fire on the Deepwater
Horizon mobile drilling unit in the Gulf of Mexico has led to a massive
release of crude oil from a well on the sea floor. The oil spill has
proven to be far worse than originally estimated and is diverting
resources from all over the Nation to the areas impacted by the spill,
thereby potentially affecting the availability of resources identified
in pipeline operators' oil spill response plans.
In light of these circumstances, PHMSA is stressing to operators
their responsibilities under 49 CFR part 194 to update their oil spill
response plans to ensure the necessary response to a properly
calculated worst case discharge.
In accordance with those regulations, operators of onshore
hazardous liquid pipeline facilities must review their oil spill
response plans and update, as necessary: the calculation of a worst
case spill scenario for their pipeline facility; the identification of
resources needed to respond, to the maximum extent practicable, to the
scenario; and an assessment of the resources' remaining capability
given the ongoing relocation of resources to the Gulf. PHMSA will not
consider it ``practicable'' to list resources for responding to a worst
case discharge, if such resources are, or are requested to be,
relocated to respond to the Deepwater Horizon oil spill until such
resources are returned. Operators must conduct this review and submit
any updates to their oil spill response plans as set forth in the
applicable regulations within 30 days. PHMSA requests that operators
who find no need to update their plan following this review still
notify PHMSA at the above contact information within 30 days, with the
reasons no updates were needed. Operators are also asked to confirm
that drills have been performed at the frequency specified in their
plans. Operators whose response resources have been, or are
subsequently relocated to the Gulf to respond to the Deepwater Horizon
event should also notify PHMSA.
Operators are further reminded of their responsibilities to
maintain their response plans on-site and to maintain the necessary
liaison with emergency responders and other appropriate public
officials. PHMSA intends to evaluate operators' efforts during upcoming
field audits.
Issued in Washington, DC, on June 23, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-15682 Filed 6-25-10; 8:45 am]
BILLING CODE 4910-60-P