Effective Implementation of OCS Spill Response Regulations

Abstract

Abstract Offshore exploration and production companies, as well as pipelinecompanies, must operate in compliance with regulations pertaining to oil spillresponse plans, training, and drills. This paper examines the regulations andfocuses on the implementation of an effective compliance and preparednessprogram. Spill response regulations issued in 30 CFR 254 apply to all operators offacilities seaward of the coastline. Operators can ensure response preparedness by complying with OCS regulationsincluding 1) contracting for equipment and personnel to ensure response toworst case discharge planning calculations 2) effective training of spillmanagement team and 3) conducting exercises. A prompt, efficient response to an oil spill will help to minimizeenvironmental impacts to our nation's resources. Introduction The Clean Water Act (CWA) prohibits the discharge of oil to U.S. waters andprovides the authority to establish regulations and procedures for response tooil discharges. The Oil Pollution Act of 1990 (OPA 90), enacted in August 1990, is comprehensive legislation that includes, in part, provisions to improve oilspill prevention, preparedness, and response capability, and establishlimitations on liability for damages resulting from oil pollution. The OPA 90revised the CWA to expand Federal response authority, increase penalties forspills, and require interagency and facility response plans. The Department of Interior's Minerals Management Service (MMS) was delegated the authority toestablish procedures to prevent and recover discharges of oil for all offshorefacilities and pipelines. In accordance with OPA 90, the owner/operator of a facility (well, platform, pipeline) becomes the responsible party in the event of an oil spill from thefacility. The responsible party is required to respond immediately to cleanupor mitigate the effects of any discharge. The Federal government has the authority to direct response efforts to ensurethe cleanup is satisfactory and timely. The United States Coast Guard (USCG), acting as the Federal On-Scene Coordinator, is responsible for ensuring animmediate and effective removal of the discharge. In carrying out thisresponsibility, the USCG may monitor, direct, or take over the cleanupoperation. The responsible party is liable for all cleanup costs, including thegovernment's removal costs.