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6 Regulations Governing Spill Response Planning
Pages 101-112

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From page 101...
... The chapter concludes that, in light of the committee's findings regarding the differences between diluted bitumen and commonly transported crude oils, modifications to the current regulatory framework are needed to better account for the unique characteristics of diluted bitumen. FEDERAL SPILL PLANNING AND RESPONSE FRAMEWORK In 1968, problems faced by officials responding to a large spill of oil from the tanker Torrey Canyon off the coast of England heightened awareness of the importance of effective spill planning.103 That incident and later spills spurred recognition that the U.S.
From page 102...
... Under ideal circumstances, planning at the pipeline or facility level should not occur in isolation, but as part of an integrated system that involves multiple governmental entities and the public. FIGURE 6-1  The relationship among the various levels of oil and hazardous materials response plans under and related to the U.S.
From page 103...
... The major responsibilities of RRTs include response, planning, training, and coordination. Regional Contingency Plans are established by RRTs to ensure that the roles of federal and state agencies during an actual incident are clear, and also to identify resources that are available from each federal agency and state within their regions, including equipment, guidance, training, and technical expertise, for dealing with chemical releases or oil spills.
From page 104...
... Onshore Pipeline Spill Response Plans The response planning requirements applicable to operators of onshore pipelines are set forth in PHMSA's Part 194 regulations, 113 adopted in 1993 following passage of OPA 90. Under these regulations, each response plan must include procedures and a list of resources for
From page 105...
... Under Part 194, response plans must be updated immediately to address new or different operating conditions or information and resubmitted to PHMSA within 30 days. In addition, most plans must be revised and resubmitted every 5 years.
From page 106...
... Because spills have unpredictable consequences and each spill is unique, spill response plans are an important starting point for effective response actions but do not provide an exact step-by-step protocol for responding to any specific incident. Nonetheless, while midcourse corrections and adjustments are unavoidable after a spill occurs, a good response plan forces facilities to rigorously assess in advance where spills might occur and what response strategies and resources must be in place to maximize an effective response.
From page 107...
... , limited its opportunity to learn key lessons from USEPA OSCs and other responders who encountered unanticipated cleanup challenges presented by diluted bitumen and its weathered residues. The Part 194 regulations allow, but do not require, PHMSA to consult with USEPA and USCG during the review of response plans.113 The normal practice is not to engage these other agencies during these reviews, although the Enbridge response plans were informally shared
From page 108...
... Strengthening the Area Contingency Planning Process Area Contingency Plans augment facility response plans by enabling responsible officials from the relevant federal agencies to prioritize the greatest threats resulting from spills and releases within the area. Additionally, they facilitate development of strategies and identification of resource needs for mitigating environmental impacts resulting from these events.
From page 109...
... SDSs found in pipeline spill response plans are typically generic and do not identify and differentiate specific crude oils and their properties. At present, however, there is no mechanism at PHMSA to require more informative SDSs.
From page 110...
... , who contract with pipeline or facility operators to provide response resources and expertise on their behalf in the event of a spill. USCG certifies OSROs based on a policy document called the OSRO Classification Guidelines.116 Certification is voluntary under the OSRO Classification Guidelines but OSROs often seek certification because reliance on a certified OSRO streamlines the level of detail required in response plans.
From page 111...
... The combination of improved OSRO Classification Guidelines, greater specificity in identifying crudes oils in PHMSA-required plans, and more review of the adequacy of these plans could lead to a closer examination of the qualifications of OSROs identified in those plans to address unique characteristics of crude oils like diluted bitumen. Updating Response Plans The Part 194 regulations provide for updating of response plans at 5-year intervals and within 30 days where necessary to address new or different operating conditions or information.
From page 112...
... regulations and agency practices do not capture the unique properties of diluted bitumen or encourage effective planning for spills of that product. The PHMSA Part 194 regulations are critical to the preparation of thoughtful and effective response plans but, in their current form, do not focus pipeline operators on the properties of diluted bitumen and the associated response challenges or provide the information necessary for responders to address spills of diluted bitumen.


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