
[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Notices]               
[Page 36773-36774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-148]                         

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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.

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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 
PHMSA.OPA90@dot.gov. 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

