Notice to Lessees 2012-N06

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

NTL No. 2012-N06 Effective Date: August 10, 2012

NATIONAL NOTICE TO LESSEES AND OPERATORS OF FEDERAL OIL AND GAS LEASES AND PIPELINE RIGHT-OF-WAY HOLDERS

Guidance to Owners and Operators of Offshore Facilities Seaward of the Coast Line Concerning Regional Oil Spill Response Plans

This Notice to Lessees and Operators of Federal Oil and Gas Leases and Pipeline Right-of-Way Holders (NTL) supersedes NTL No. 2006-G21, effective October 26, 2006, and NTL No. 2009- P03, effective October 28, 2009, on this subject. This NTL provides clarification, guidance, and infomiation concerning the preparation and submittal of a regional Oil Spill Response Plan (OSRP) for owners and operators of oil handling, storage, or transportation facilities, including 1 pipelines, located seaward of the coast line (facilities). Lessees (State or Federal), designated operators, or pipeline right-of-way holders, as appropriate, (you) are responsible for preparing and submitting the OSRP. The Oil Spill Response Division, within the Bureau of Safety and Environmental Enforcement (BSEE), will review and approve OSRPs that are in compliance with 30 CFR Part 254. Some of the clarifications and encouraged practices in this NTL are based on lessons learned from the Deepwater Horizon oil spill response. Adherence to encouraged practices will facilitate BSEE's review of OSRPs but is not required to obtain approval.

Background In accordance with the Oil Pollution Act,2 as implemented by 30 CFR Part 254, BSEE requires owners or operators of facilities to submit OSRPs to BSEE for review and approval. A regional OSRP is defined in § 254.6 as a spill response plan that "covers multiple facilities or leases of an owner or operator, including affiliates, which are located in the same ... [BSEE] Region." In accordance with § 254.3( d), the Regional Supervisor may specify how to address the elements of a regional OSRP. This authority has now been delegated to the Oil Spill Response Division (OSRD) Chief.

BSEE encourages you to specifically describe your planned response strategy for each Worst Case Discharge (WCD) scenario included in your regional OSRP. You should consider the following factors when developing a response strategy: location of the potential WCD,

1 Refer to 30 CFR 254.6 for the definitions of "oil," "facility," and "coast line". 2 Pub. L. No. 101-380 §4202, 104 Stat. 484 (1990), codified at 33 U.S.C. 132l(j)(5)(E). The President delegated authority regarding review and approval of OSRPs for offshore facilities to the Secretary ofthe Interior. Executive Order 12777, 56 FR 54757 (Oct. 22, 1991).

proximity to sensitive resources, nature of the event, estimated discharge volume, oil characteristics, appropriate source control, containment methods, weathering (including natural dispersion), and other resources at risk. The response strategy should also consider the potential for use of surface and subsea dispersants, in-situ burning, mechanical recovery, wildlife protection, rescue and rehabilitation strategies and real-time response capability.

OSRP Submission Considerations BSEE encourages you to submit a regional OSRP that covers all of your facilities in a particular BSEE OCS Region, including Mobile Offshore Drilling Units (MODUs) that will be used to conduct operations on your behalf. BSEE encourages you to incorporate new facilities into your existing regional OSRP in order to meet the requirements in 30 CFR Part 254 for that facility.

For facilities located in State waters seaward of the coast line, you may choose one of three methods to comply with the OSRP requirement described in §§ 254.51, 254.52, and 254.53. You are encouraged to choose the option to modify an existing regional OSRP and include facilities in State offshore waters seaward of the coastline.

OSRP Content Considerations During BSEE’s review of regional OSRPs, OSRD staff will analyze the content to ensure that you demonstrate the ability to respond quickly and effectively whenever oil is discharged from a covered facility as required by 30 CFR Part 254. BSEE OSRD staff will consider the factors described above in evaluating and determining the adequacy of your planned response to a WCD. BSEE will evaluate whether you have demonstrated that sufficient measures are in place to ensure that all spill response efforts are efficient, coordinated, and effective as required by the National Contingency Plan.

The goal for this NTL is to clarify the requirements in 30 CFR Part 254 and ensure national consistency in regional OSRP preparation. This NTL is also designed to encourage you to include in your OSRPs flexible and innovative offshore oil spill response techniques, particularly for a continuous high-rate spill.

To accomplish this, this notice attaches Instructions for Preparing Regional Oil Spill Response Plans (Instructions), which are intended to do the following:

1. Clarify that BSEE will evaluate the description of the OSRP WCD scenario response strategy by carefully weighing all factors addressed in § 254.26 to determine if the strategy is sufficient to contain and recover the discharge to the maximum extent practicable. These factors include the total Effective Daily Recovery Capacity (EDRC), as calculated in accordance with § 254.44(a), and the suitability of equipment within the limits of current technology as required in § 254.26(e). BSEE review of OSRPs is necessarily informed by information obtained during the Deepwater Horizon oil spill response, during which the total EDRC calculated for all equipment listed in the OSRP overestimated the amount of oil that could be removed from the water.

BSEE review of OSRPs is not limited to assessing whether the calculated EDRC for the listed mechanical equipment equals the WCD volume. A fully developed response strategy includes a list of all dedicated recovery equipment and the operating characteristics of the systems associated with each skimmer. The plan should demonstrate the ability to contain and recover the WCD to the maximum extent practicable based on the descriptions of the response equipment and other available response elements, functioning together. BSEE encourages you to use new technology and response systems that will increase the effectiveness of mechanical recovery tactics. OSRPs should be prepared by first developing a strategy that would respond to the WCD to the maximum extent practicable, then identifying the resources that would be required to implement the strategy, and finally identifying equipment (including mechanical recovery equipment) and logistics that would meet those resource requirements.

2. Clarify that, when determining whether you have demonstrated that you can respond quickly and effectively whenever oil is discharged, as required by § 254.1(a), BSEE also considers other methodologies and equipment that do not have an associated EDRC calculation. BSEE review will be based on the complete response strategy, including, but not limited to, descriptions of response equipment, personnel, materials, support vessels, transit times and staging locations, as well as the methods and procedures described to contain and recover the discharged oil to the maximum extent practicable. Such methods and procedures could include, but are not limited to:

a. Source control strategies for subsea containment equipment, when appropriate;

b. Response strategies for when and how you plan to use other containment and recovery methodologies (e.g., aerial dispersant application), the effectiveness of which cannot be measured using EDRC calculations, as well as a description of the anticipated effect these strategies will have on discharged oil and the assumptions relied on, including but not limited to, the encounter rate and the effectiveness of these methodologies; and

c. Response strategies for when and how you plan to use subsea dispersants, as well as a discussion of any relevant Federal or State agency approval processes that would apply.

3. Clarify that the qualified individual (QI) identified in the regional OSRP, in accordance with § 254.23(a), must have full authority to implement the deployment of surface and subsea containment resources. BSEE has determined that these actions fall within the definition of “removal actions,” which a QI must have authority to implement. The term “remove” is defined at § 254.6 as “containment and cleanup of oil from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, public and private property, shorelines, and beaches.”

4. Clarify that, in accordance with §§ 254.5(d), 254.23, 254.24, BSEE may evaluate whether you have the ability to access and deploy subsea containment resources to assure compliance

with the requirements of § 254.26(d). As part of these evaluations, BSEE will consider the proposed strategies for the use of all available equipment, technologies, and practices addressing intervention and recovery specified in the OSRP, including, but not limited to, cap and collect, cap and contain, mechanical recovery, in-situ burning, dispersants (including subsea), and surveillance (including surveillance and operations at night, if equipment is available (e.g., X-band radar)).

5. Highlight response coordination issues that you should address when demonstrating that your regional OSRP is consistent with the National Contingency Plan and all applicable Area Contingency Plans (ACP), in accordance with § 254.5(b). Specifically:

a. The methods you describe in your OSRP for identifying and prioritizing shoreline resources that require protection under § 254.23(g)(3) and (4) must be consistent with all applicable ACPs (e.g., protection strategies for areas of special economic or environmental importance). Applicable ACPs may cover more than just the area where the spill originates. ACPs may also include shoreline areas that could potentially be impacted by a spill.

b. The Designated Spill Management Team organization and training that you describe in your OSRP, as required by § 254.23(b), must be consistent with the Incident Command System (ICS) structure (as described in Appendix B of the current version of the National Incident Management System (NIMS) under the National Response Framework set forth by Homeland Security Presidential Directive No. 5 (HSPD-5), dated February 28, 2003).

6. Clarify that, if a State requires additional information related to oil spill response, that information may be incorporated into your OSRP in a way that does not reduce the ability to easily use the document or to identify the sections that are required under §§ 254.21 and 254.23.

7. Encourage you to identify sources for supplies and materials that can support a response to an uncontrolled spill lasting longer than 30 days. Although § 254.26(d)(1) only requires that the WCD scenario show plans to support operations for a blowout lasting 30 days, the Deepwater Horizon spill response demonstrated that a response may exceed 30 days. Examples of supplies and materials necessary to support a response to a spill that extends more than 30 days could include:

a. Fire boom sources and supplies available that are sufficient to last the duration of a response, taking into account the operational service life of the response equipment; and

b. Dispersant sources and supplies available that are sufficient to last the duration of a response.

8. Encourage you to explore options that overcome response limitations and will improve

the oil spill response capability and effectiveness. Options identified by BSEE include, but are not limited to:

a. Planning to use remote sensing technologies to increase oil detection and improve thickness determination for ascertaining the effectiveness of response strategies;

b. Increasing response operational hours by planning to use remote sensing technologies as a tool for safe night operations; and

c. Increasing spill response operational time for skimmers by reducing transit times to disposal locations and decontamination equipment (e.g., offshore collection and decontamination equipment).

9. Encourage you to specify primary and alternate communications technology and software you may use when coordinating and directing spill-response operations systems and/or providing a common operating picture to all spill management and response personnel, including the Federal On-Scene Coordinator and participating Federal and State government officials.

10. Provide a simplified rating system (see the attached instructions) you may use when listing facilities in the regional OSRP. BSEE may use this information to identify higher risk facilities based on potential discharge volume.

11. Simplify the WCD scenario comparison between the WCD scenarios in EPs, DPPs, and DOCDs with the WCD scenarios in regional OSRPs (see requirements under BOEM at 30 CFR 550.219 and 550.250) by providing you with a table to use as a template for listing the relevant information in the regional OSRP (see attached instructions).

12. Clarify that, when identifying adequate provisions for monitoring the movement of a spill under § 254.23(g)(2), you should use the distance of facilities farthest from shore.

The Instructions attached to this NTL provide additional details for you to consider when preparing regional OSRPs.

OSRP Review and Revision Procedures Once BSEE approves your regional OSRP, you must review it at least every 2 years and submit all resulting modifications to the appropriate BSEE office in accordance with § 254.30(a). If your biennial review does not result in modifications, you must inform the appropriate BSEE office in writing that there are no changes, as required by § 254.30(a). If a change occurs that requires revisions to your regional OSRP, submit the required revisions to the appropriate BSEE office for approval within 15 days of the change, as required by § 254.30(b).

Submit all new and revised regional OSRPs to the following offices for approval:

For the Gulf of Mexico Bureau of Safety and Environmental Enforcement OCS Region: Oil Spill Response Division Gulf of Mexico OCS Region Branch 1201 Elmwood Park Boulevard New Orleans, Louisiana 70123-2394 For the Pacific OCS Bureau of Safety and Environmental Enforcement Region: Oil Spill Response Division Pacific Region Unit 770 Paseo Camarillo, 2nd Floor Camarillo, California 93010-6064

For the Alaska OCS Bureau of Safety and Environmental Enforcement Region: Oil Spill Response Division Alaska Region Unit 3801 Centerpoint Drive, Suite 500 Anchorage, Alaska 99503-5820

Submit one copy of each regional OSRP and any subsequent revisions. When you submit revisions to your OSRP, list the pages that have been changed.

In order to expedite review, BSEE encourages electronic submission of your regional OSRP. If you do, ensure that all files are in a portable document format (PDF) and include a hotlinked index in the same order as the table of contents in your OSRP. Ensure that the index identifies the location for each section in the OSRP.

Once we have approved your regional OSRP, BSEE encourages you to provide BSEE with an electronic “Public Version” of the plan that proposes to redact material that you understand may be exempt from disclosure under applicable Federal and/or State Freedom of Information and Privacy Laws. This includes, but is not limited to, materials concerning trade secrets, confidential commercial information, and personally identifiable information. BSEE will evaluate your proposed redactions and, as appropriate, will make a copy of the OSRP available for public viewing on the BSEE website at the conclusion of its evaluation.

Guidance Document Statement The BSEE issues NTLs as guidance documents under the authority of the Administrative Procedure Act, 5 U.S.C. 553 (interpretive rules), to clarify and provide more detail about certain BSEE regulatory requirements and to outline the information you must provide in your various submittals. Under that authority, this NTL sets forth a policy on and an interpretation of regulatory requirements that provides a clear and consistent approach to complying with those requirements.

Paperwork Reduction Act of 1995 Statement The collection of information referred to in this NTL provides clarification, description, or interpretation ofrequirements in 30 CFR Part 254 and 30 CFR 250, Subpart B. The Office of Management and Budget (OMB) approved the information collection requirements in this regulation under OMB control numbers 1014-0007 and 1010-0151. This NTL does not impose additional information collection requirements subject to the Paperwork Reduction Act.

Questions If you have any questions regarding this NTL, please contact the Chief, Oil Spill Response Division, Bureau of Safety and Environmental Enforcement, 381 Elden Street, HE3227 Herndon, Virginia 20191, by writing, or by telephone at (703 ) 787-1637.

Director

Attachment /

Instructions for Preparing Regional Oil Spill Response Plans

U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Oil Spill Response Division XXX, 2012

General Preparation Instructions

These Instructions provide relevant information for you to consider when preparing your regional Oil Spill Response Plan (OSRP) to assure that you can respond quickly and effectively whenever oil is discharged from your facility using a response strategy that is safe, efficient, and well-coordinated. Your OSRP must also be consistent with the National Response Framework (NRF), the National Incident Management System (NIMS), the National Contingency Plan (NCP), and the appropriate Area Contingency Plans (ACPs).

BSEE encourages you to organize and number the sections of your regional OSRP to coincide with the format outlined in the following pages. This recommended outline is in compliance with 254.21(a) and does not need a cross-reference table under 254.22(d). Please ensure all sections are represented even if not applicable to maintain consistency in numbering. You may also use an alternate format, such as the Integrated Contingency Plan format, if you include a detailed cross-reference table that identifies the location of required sections as required under 254.22(d). It is recommended that you use bookmarks or tabs as your section markers, referenced to the Table of Contents, to identify each section of your OSRP. Numbering every page of your OSRP, including text, maps, tables, and other exhibits including a notation on each page of your OSRP that indicates the date of its latest revision will also add to an easy-to-use format.

If you include additional information in your regional OSRP that is characteristic of, or desired by your organization, but is not addressed by these instructions, include this information in a manner that does not substantially alter the outline.

Whether or not you choose to follow the format in these instructions, we encourage you to address all required items by providing the necessary information in discussions, listings, or by reference in a regional OSRP that is an independent document, free from involved extracts from other data sources. Inclusion of separate planning documents, research results, or oil spill response organizations or cooperative’s manuals is not recommended where such documents are relied on as substitutes for the individual organizing and planning necessary for the adequate preparation of your OSRP.

It is recommended that the references you use in your OSRP are readily accessible to your management and field personnel. For each reference, include the