Who's Who: Federal Agency Roles and Responsibilities for Oil Spill Prevention and Response

Overview

Spill Prevention Control and Countermeasure (SPCC) is one part of a much larger oil spill prevention program authorized by the Clean Water Act (CWA) Section 311 of 1972 as amended by the Oil Pollution Act of 1990 (OPA). Before OPA, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) were charged with regulating discharges of oil from vessels and from onshore and offshore facilities under the CWA. A Memorandum of Understanding (MOU) between the EPA and the DOT established jurisdiction for the development and enforcement of oil spill prevention regulations. The DOT was identified as the responsible agency for transportation-related onshore and offshore facilities, and EPA was identified for all nontransportation-related fixed facilities. Subsequently, the EPA Oil Pollution Prevention regulation, Title 40 Code of Federal Regulations (CFR) Part 112, became effective in January of 1974.

On October 18, 1991, the President signed Executive Order 12777 delegating the implementation of OPA, including oil spill response and planning responsibilities to EPA, DOT, and the Department of the Interior's Minerals Management Service (MMS). Within the DOT, the U.S. Coast Guard (USCG) and the Office of Pipeline Safety (OPS) have responsibility for implementing OPA.

These federal key agencies, and other federal agencies with roles relating to oil spill prevention and response, are described in the following sections.

Federal Oil Spill Prevention And Response Agencies

EPA is responsible for the regulation of nontransportation-related onshore and certain offshore facilities. These facilities are regulated by the Oil Pollution Prevention regulation under 40 CFR Part 112, which includes the SPCC Plan and the Facility Response Plan (FRP) requirements. EPA's oil spill program is implemented by several offices at EPA Headquarters and in the ten EPA regional offices. Primary responsibility for development of EPA national policy, as well as oversight of regional activities, rests with the Office of Solid Waste and Emergency Response (OSWER). The Oil Program Center (OPC) of the Office of Emergency and Remedial Response (OERR) within OSWER is in charge of regulatory development and guidance for implementing the oil spill prevention and response provisions of the CWA. EPA regional offices implement these oil programs.

As specified in the National Contingency Plan (NCP), EPA is the federal On Scene Coordinator (OSC) for hazardous substances or oil spill emergencies in the inland zone. The Environmental Response Team (ERT), EPA's Scientific Coordinator, provides expertise and support in response to spills of oils and hazardous substances in the inland area.

Other EPA offices handle various aspects of oil pollution prevention, mitigation, response compliance and enforcement. For example, the Office of Underground Storage Tanks, also within OSWER, implements regulations that apply to underground tanks containing petroleum (40 CFR Parts 280 and 281); the Chemical Emergency Preparedness and Prevention Office is involved in local emergency planning activities. Outside of OSWER, the Office of Enforcement and Compliance Assurance handles enforcement and compliance issues for oil spill prevention and response, the Office of Water coordinates damage assessments resulting from oil spills as a part of water restoration efforts, and the Office of Research and Development conducts oil-related research.

Oil program teams in the ten EPA regional offices form the "front line" of EPA's oil spill program. They respond to spills of oil in inland areas and inspect facilities to determine compliance with the SPCC and FRP requirements of 40 CFR Part 112.

Within the DOT, the U.S. Coast Guard (USCG) and the Office of Pipeline Safety (OPS) have responsibility for implementing OPA.

DOT regulates the transportation of oil in pipelines, tank trucks and railroad tank cars, and marine vessels. The Research and Special Programs Administration (RSPA) provides response expertise pertaining to transportation of oil or hazardous substances.

Office of Pipeline Safety (OPS): OPS (a component of RSPA) develops regulations and other approaches to risk management to assure safety in design, construction, testing, operation, maintenance, and emergency response of pipeline facilities. Acting through the OPS, the DOT RSPA administers the Department's national regulatory program to assure the safe transportation of natural gas, petroleum, and other hazardous materials by pipeline, tank trucks and railcars.

Since 1986, the pipeline safety program has been funded by a user fee assessed on a per-mile basis on each pipeline operator OPS regulates.

United States Coast Guard (USCG): Within DOT, the USCG is responsible for vessels, deepwater ports, and the marine transfer components of transportation-related onshore facilities, including some inland port areas. The USCG provides on scene coordinators (OSCs) for these zones, manages the National Response Center (NRC), and maintains the National Strike Force, which is specifically trained and equipped to respond to major marine pollution incidents. The USCG also serves as the fund manager for the Oil Pollution Liability Trust Fund established by the OPA.

Executive Order 12777 delegated to the Secretary of the Interior the authority for the implementation of OPA for offshore facilities and associated pipelines (except deepwater ports) for all federal and state waters. On February 4, 1994, MMS redelegated near shore nontransportation facilities located landward of the coastline to EPA and transportation-related facilities located landward of the coastline to DOT. The DOI MMS was given responsibility for spill prevention, OSCs, equipment, financial responsibility certification, and civil penalties.

The DOI contributes expertise on natural resources, endangered species, and federal land and waters, and it is responsible for Native American Lands and U.S. Territories.

Other Oil Spill Response Agencies

DOD acts when oil or hazardous substances are released from a facility or vessel under its jurisdiction. Upon request, DOD will provide U.S. Navy oil spill containment and recovery equipment and manpower, as well as equipment for ship salvaging, shipboard damage control, and diving. DOD may also make U.S. Army Corps of Engineer equipment and expertise available for removing navigational obstructions and performing structural repairs on ships.

This Agency provides OSCs when hazardous substances are released from DOE facilities or during transport under DOE control.

Federal Technical and Legal Support Agencies

During a response effort, FEMA advises and aids lead agencies in coordinating relocation assistance. The agency provides guidance, policy, and technical assistance in emergency preparedness planning, training, and deployment activities for state and local governments.

The USDA measures, evaluates, and monitors the impact of hazardous substances, such as MTBE in gasoline, when they have affected natural resources, including soil, water, wildlife, and vegetation.

HHS assesses health hazards at a response site. HHS maintains information and offers training on the health effects of oil spills.

This Department, through the National Oceanic and Atmospheric Administration (NOAA), provides scientific support for resources and contingency planning in coastal and marine areas including hazard assessment and spill trajectory (direction) monitoring to predict movement and dispersion of oil and other hazardous substances. NOAA contributes information about sensitive coastal environments and furnishes data about actual and predicted meteorological, hydrological, ice, and oceanographic conditions. NOAA also serves as the natural resource trustee for the living marine resources it manages and protects and assesses damage to natural resources for oil spill liability determinations.

The DOJ provides expert advice on legal questions arising from oil discharges or releases and federal agency responses. The DOJ represents the federal government in litigation relating to discharges or releases.

Through the Occupational Safety and Health Administration (OSHA), DOL develops and enforces standards designed to address health and safety issues in the workplace. OSHA protects the health and safety of communities near, and workers at, facilities that store, handle and/or use flammable or combustible liquids, which includes petroleum products stored in aboveground storage tanks (ASTs).

This agency takes the lead in developing international contingency plans. It helps coordinate international response efforts when discharges or releases cross international borders or involve foreign flag vessels. The agency also coordinates requests for aid from foreign governments.

State and Tribal Agencies

State and tribal authorities may also have laws governing oil spill prevention and response. See the guide entitled Other Oil Spill Prevention Regulatory Programs for more information on these authorities.