On January 5, 1993, OPS published an interim final rule which established oil spill response planning requirements for onshore pipeline operators. The OPS is now adopting the interim rule as a final rule. As a result of public comments made in response to this issuance, amendments have been made to various portions of the rule. These amendments include a range of items, including English language requirements, clarification of drill requirements, and specification of the qualified individual, among others.
One of the more significant changes that the OPS is implementing is to secondary containment credits. The interim final rule allows operators to reduce the calculated worst case discharge from breakout tanks, due to secondary containment. However, the interim rule is not specific as to the amount of credit that an operator is allowed. The final rule adopted by the OPS specifies the amount of prevention credit that an operator is allowed to claim, up to 75% of the worst case discharge volume; the credits are incorporated into 49 CFR 194.105(b) as a new subparagraph, (4). Higher credits will be considered by the OPS on a case-by-case basis.
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