Spill Response Plans – Why Are They Developed?

1. Spill Response Plans – Why Are They Developed? Alan K. Mayberry Deputy Associate Administrator for Pipeline Safety

2. Plans required by PHMSA Regulations • Operations, Maintenance and Emergency Manuals • Natural Gas Regulations 49 CFR 192.605 &192.615 • Hazardous Liquid Regulations 49 CFR 195.402 • Liquefied Natural Gas Facilities 49 CFR 193.2503 & 193.2509 • Response Plans for Onshore Oil Pipelines 49 CFR 194.101

3. PHMSA Information Sharing Requirements • Pipeline operators must provide information to the public: • Landowners and Rights of Way residents • Public Awareness; • Indications of leaks; • Emergency reporting procedures • Excavators • Damage Prevention and One-Call Information

4. PHMSA Information Sharing Requirements • Pipeline operators must provide information to the public: • Public assemblies, municipalities, school districts, businesses and residents of pipeline facility locations • Emergency officials • Emergency Plans, Briefings, and Continuing Liaison

5. PHMSA Information Sharing Requirements • Certain procedures in Emergency manuals may be “Business Confidential or Proprietary.” • Could disclose or illustrate sensitive business processes or practices the operator has developed as a competitive advantage • Business Confidential ≠ Best Practice

6. What’s in “Emergency Plans?” • Each operator shall establish and maintain liaison with appropriate fire, police, and other public officials to: • Learn the responsibility and resources of each governmental organization that may respond to a gas pipeline emergency • Acquaint the officials with the operator’s ability in responding to a gas pipeline emergency 49CFR.192.615(c) (1),(2)

7. What’s in “Emergency Plans?” • Each operator shall establish and maintain liaison with appropriate fire, police, and other public officials to: • Identify the types of gas pipeline emergencies of which the operator notifies the officials; and • Plan how the operator and officials can engage in mutual assistance to minimize hazards to life or property 49CFR.192.615(c) (3), (4)

8. PHMSA Enforces Plan Sharing • In a 2008 case, PHMSA proposed a civil penalty, PHMSA fined a pipeline operator $310,000 for violation of 49 C.F.R. § 195.402(c)(12). • The operator failed to maintain liaison with fire, police, and other appropriate public officials to learn the responsibility and resources of each government organization that might respond to a hazardous liquid pipeline emergency and to acquaint local officials with the operator’s ability in responding to a hazardous liquid pipeline emergency and its means of communication.

9. PHMSA Enforces Plan Sharing • Our final order states, • “Failure to maintain effective liaison can result in misunderstandings, erroneous expectations, and delayed communications and responses on the part of both the responding local officials and the pipeline operator.”

10. PHMSA Advisory Bulletin • Published Nov. 3, 2010 • “PHMSA reminds operators of gas and hazardous liquid pipeline facilities that they must make their pipeline emergency response plans available to local emergency response officials.” • “PHMSA recommends that operators provide their emergency response plans to officials through their required liaison and public awareness activities.” • “PHMSA intends to evaluate the extent to which operators have provided their emergency plans to local emergency officials when PHMSA performs future inspections…”

11. Onshore Oil Pipeline Facility Response Plans (FRPs) • Required by the Clean Water Act, as amended by the Oil Pollution Act of 1990 • Need to address response organization and resources required to respond to a worst case discharge to the maximum extent practicable. • Submitted to PHMSA for review and approval • States may require submission of plans under their own regulations – OPA did not preempt State oil spill laws • State approval process is independent of PHMSA review

12. Facility Response Plans • Used during spill incidents to guide response, recovery, and removal actions • Can direct operator to share with Federal On-Scene Coordinators • Almost all content is publicly available through Freedom of Information Act requests

13. Facility Response Plans • FRP must include: • Corporate information and Qualified Individual • Immediate notification procedures • System description or diagrams • Computed worst case discharge on pipeline or at tank facilities • Spill response resources owned by operator or available through contract Oil Spill Response Organization (OSRO)

14. Facility Response Plans • PHMSA reviews and approves FPRs for 5-year period • Must be updated when significant changes occur • Deepwater Horizon response caused PHMSA to publish an Advisory Bulletin in June 2010 • Most operators’ OSROs were not affected.

15. Comparison of PHMSA-Required Plans Emergency Plans Facility Response Plans Required for Onshore Oil Pipeline Operators Operators submit to PHMSA for review and approval Library of FRPs maintained by PHMSA Shared, when requested Federal On Scene Coordinators Publicly available* through FOIA • Required for all pipeline operators • PHMSA reviews at operator facility during inspections • Not collected or maintained by PHMSA • Operator must share with local emergency officials • Not publicly available through FOIA *Portions may be redacted

16. Facility Response Plans • Certain FRP information could provide information to an adversary. • Reveal system vulnerabilities and aid target selection • Reveal choke points or non-redundant systems • Maximize damage and interfere / interdict response activities • Some content considered sensitive

17. Thank you Alan K. Mayberry alan.mayberry@dot.gov 202-366-5124