What type of exercise program is required for offshore wind farms for OSRP compliance?
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
Over the past several weeks, my Monday articles have focused on the emergency response requirements for offshore wind farms as they pertain to compliance with the Bureau of Safety and Environmental Enforcement’s (BSEE) Oil Spill Response Plan (OSRP) requirements. If you have not read my last three articles on this subject, see the links below.
I touched on today’s topic, Exercises for your response personnel and equipment, in an earlier article, but it deserves further discussion, as many still find it confusing.
I typically like to start off these articles with what the rule says. As the portion of the rule related to this requirement is wordy, I’ve included it at the end of the piece. You can also click here to see it online.
The key document we’ll be discussing today is the 2016 National Preparedness for Response Exercise Program (PREP). You can download a copy here. The PREP document color codes requirements by the agency that has jurisdiction over a facility based on the Oil Pollution Act of 1990 (OPA90). It’s a long document that offers a lot of detail on what all the terms mean, the overall expectations of the program, and details on how to comply with applicable parts. The most useful part of this PREP document is found in the back. For BSEE, Section 6.0, color-coded purple, is quite beneficial.
The first worksheet is 6.1 - the Qualified Individual (QI) drills. Key notes on this report: records are due annually and must be kept on file for three years. Credit can be taken if the drills are done in conjunction with other activities (see credit section). Be sure to read the scope and objective portion to ensure all the required elements are completed.
The next item is 6.2 - the Incident Management Team (IMT) exercise. Key notes on this report: it is due annually; however, it’s a triannual program. This means that over the course of the three years, you must exercise all the elements noted under the objectives. (You do not have to do all the objectives every year.) Records must be kept on file for three years, and credit can be taken if exercises are done in conjunction with other activities (see credit section). Be sure to read the scope and objective portion to ensure all the required elements are completed.
Section 6.3 is only required of operators if they own response equipment positioned offshore. If you do not own equipment, then this section only applies to your contracted resources. (Contractors will supply proof of these exercises at the beginning of each following year.) Key notes on this report: it is due semi-annually. Not all equipment needs to be deployed at the same time, but it must be deployed over the course of the year. Records must be kept on file for three years, and credit can be taken if the equipment is deployed in conjunction with other activities (see credit section). Be sure to read the scope and objective portion to ensure all the required elements are completed.
Section 6.4 is only required of operators if they own response equipment positioned onshore. If you do not own equipment, then this only applies to your contracted resources. (Contractors will supply proof of equipment exercises at the beginning of each following year.) Key notes for this report: it is due annually. Unlike offshore equipment, not all equipment has to be deployed annually but must be deployed at least once during the triannual cycle. The records must be kept on file for three years, and credit can be taken if the equipment is deployed in conjunction with other activities (see credit section). Be sure to read the scope and objective portion to ensure all the required elements are completed.
Section 6.5 is only required of operators if they own source control, subsea containment, and SSDI equipment. If you do not own equipment, then this only applies to your contracted resources (which they’ll supply proof of exercise). Key notes for this report: as deemed necessary by BSEE, records must be kept on file indefinitely. Credit can be taken if the equipment is deployed in conjunction with other activities (see credit section). Be sure to read the scope and objective portion to ensure all the required elements are completed.
Lastly, Section 6.6 is for Government-Initiated Unannounced Exercises (GIUE). It is up to BSEE when they conduct these exercises, but it will not exceed more than once every 36 months.
§ 254.42 Exercises for your response personnel and equipment.
(a) You must exercise your entire OSRP at least once every 3 years (triennial exercise). You may satisfy this requirement by conducting separate exercises for individual parts of the OSRP over the 3-year period; you do not have to exercise your entire OSRP at one time.
(b) In satisfying the triennial exercise requirement, you must, at a minimum, conduct:
(1) An annual spill management team tabletop exercise. The exercise must test the spill management team's organization, communication, and decision making in managing a response. You must not reveal the spill scenario to team members before the exercise starts.
(2) An annual deployment exercise of response equipment identified in your OSRP that is staged at onshore locations. You must deploy and operate each type of equipment in each triennial period. However, it is not necessary to deploy and operate each individual piece of equipment.
(3) An annual notification exercise for each facility that is manned on a 24- hour basis. The exercise must test the ability of facility personnel to communicate pertinent information in a timely manner to the qualified individual.
(4) A semiannual deployment exercise of any response equipment which the BSEE Regional Supervisor requires an owner or operator to maintain at the facility or on dedicated vessels. You must deploy and operate each type of this equipment at least once each year. Each type need not be deployed and operated at each exercise.
(c) During your exercises, you must simulate conditions in the area of operations, including seasonal weather variations, to the extent practicable. The exercises must cover a range of scenarios over the 3-year exercise period, simulating responses to large continuous spills, spills of short duration and limited volume, and your worst case discharge scenario.
(d) BSEE will recognize and give credit for any documented exercise conducted that satisfies some part of the required triennial exercise. You will receive this credit whether the owner or operator, an OSRO, or a Government regulatory agency initiates the exercise. BSEE will give you credit for an actual spill response if you evaluate the response and generate a proper record. Exercise documentation should include the following information:
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(1) Type of exercise;
(2) Date and time of the exercise;
(3) Description of the exercise;
(4) Objectives met; and
(5) Lessons learned.
(e) All records of spill-response exercises must be maintained for the complete 3-year exercise cycle. Records should be maintained at the facility or at a corporate location designated in the OSRP. Records showing that OSROs and oil spill removal cooperatives have deployed each type of equipment also must be maintained for the 3-year cycle.
(f) You must inform the Chief, OSPD of the date of any exercise required by paragraph (b)(1), (2), or (4) of this section at least 30 days before the exercise. This will allow BSEE personnel the opportunity to witness any exercises.
(g) The Regional Supervisor periodically will initiate unannounced drills to test the spill response preparedness of owners and operators.
(h) The Chief, OSPD may require changes in the frequency or location of the required exercises, equipment to be deployed and operated, or deployment procedures or strategies. The Chief, OSPD may evaluate the results of the exercises and advise the owner or operator of any needed changes in response equipment, procedures, or strategies.
(i) Compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines will satisfy the exercise requirements of this section. Copies of the PREP document may be obtained from the Chief, OSPD.
If you are new to this space, here are several helpful links:
For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification on additional unclear elements within the above rules, and much more.
We are here to help solve your compliance questions and challenges. If you need compliance assistance or have a question, please email John K. Carroll III (jcarroll@wittobriens.com), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
Witt O’Brien’s:
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