BOEMRE Oil Spill Program -- Planning

Strategic and comprehensive planning are the basic building blocks of an effective oil spill response. The BOEMRE requires such planning through the submittal of either site-specific or regional oil spill response plans (OSRPs). Owners or operators that are affected are those that have facilities located seaward of the coastline that handle, store, and/or transport oil. Before any facility can commence operation the owner or operator must submit an OSRP to BOEMRE for approval. The plan must demonstrate a capacity to respond quickly and effectively should an oil spill occur.

The authority for BOEMRE to regulate oil spill planning for affected facilities is derived from the Oil Pollution Act of 1990 (OPA) and Executive Order 12777. Direction to owners and operators regarding federal oil spill planning, preparedness, and response requirements is found at 30 CFR Part 254 – Oil Spill Response Requirements for Facilities Located Seaward of the Coastline. In addition to the regulations, BOEMRE regional offices have published guidance papers referred to as Notices to Lessees and Operators (NTLs) that are intended to clarify the regulations. See NTL No.09-P03 - Oil Spill Response Plan for information on Pacific OCS Region requirements and NTL No. 2006-G21 - Regional and Sub-Regional Oil Spill Response Plans for those of the Gulf of Mexico Region. BOEMRE regulations require that OSRPs be in compliance with the National Contingency Plan and applicable Area Contingency Plans.

The cost of cleaning up an oil spill varies widely and is dependent upon many factors, but most importantly the type of product spilled, range of impacted resources, and response methodology and timing. Owners and operators of facilities must maintain oil spill financial responsibility (OSFR) adequate to pay for costs of a cleanup of a worst-case spill from their facilities. BOEMRE has published regulations and an NTL on the OSFR program and administers it pursuant to OPA 90. It should be noted that covered facilities not only include those in State and Federal offshore waters but connected bays and estuaries as well.