The Oil Pollution Act of 1990 (OPA-90) established a critical regulatory framework for vessel owners and operators, requiring detailed Vessel Response Plans (VRPs) to ensure immediate access to resources for oil spill response. Over time, these requirements expanded to include Salvage and Marine Firefighting (SMFF) provisions and the designation of a Qualified Individual (QI). This framework is designed to strengthen preparedness, streamline response actions, and reduce escalation risks.

At OceanEx, we are routinely involved in critical operations and support our members. This brief overview aims to help you understand the evolution,  equirements, and practical implications of OPA-90 compliance*.

*For detailed regulatory and legal compliance, the reader is required to refer to the appropriate US regulations under OPA-90, VGP 2013, and applicable sections of the US CFR (Code of Federal Regulations).

Brief History

OPA-90 made it mandatory that every tank vessel owner ensure the immediate availability of adequate response resources to respond to a worst-case discharge, and to a substantial threat of such a discharge. The Act (then) called for details of such a response to be contained in a Vessel Response Plan (VRP). The VRP regulations did not call for salvage or firefighting requirements and solely relied on the vessel owners and/or operators to identify contractor resources.

Eventually, on December 31, 2008, the United States Coast Guard (USCG) issued guidelines for Salvage and Marine Firefighting (SMFF) requirements to be included in the VRP for tank vessels carrying oil as cargo. This was to ensure enhanced capabilities to save lives and property and to help prevent the escalation of potential oil spills to worst-case discharge scenarios.

Vessel owners or operators were required to establish contracts (or other approved means) and funding agreements with SMFF resource providers, ensuring that response resources will be available without delay when needed.

It became mandatory to include SMFF details in existing VRPs on or before February 22, 2011.

Types of VRP

The following sections include the implementation schedule of the Tank Vessel Response Plan (TVRP) and Non-Tank Vessel Response Plan (NTVRP).

Tank Vessel Response Plan

With the final rule published on January 12, 1996, which became effective April 11, 1996, applied to each vessel that is constructed or adapted to carry oil in bulk as cargo or oil cargo residue, and:

  1. A vessel of the United States.
  2. Operates on the navigable waters of the United States.
  3. Transfers oil in a port or place subject to the jurisdiction of the United States.
  4. Vessels which engage in oil lightering operations in the marine environment beyond the baseline from which the territorial sea is measured when the cargo lightered is destined for a port or place subject to the jurisdiction of the United States.

Non-Tank Vessel Response Plan

The final rule was published September 30, 2013; effective October 30, 2013; with a compliance date of January 30, 2014, which applied to each self-propelled vessel that:

  1. Carries oil of any kind as fuel for the main propulsion.
  2. Is not a tank vessel or is not certificated as a tank vessel.
  3. Operates upon the navigable waters of the United States.
  4. 400 gross tons or more.

Requirements & Contents of VRP

General requirements of the VRP are:

  1. The plan must cover all geographic areas of the United States in which the vessel intends to handle, store, or transport oil, including port areas and offshore transit areas.
  2. The plan must be written in English and, if applicable, in a language that is understood by the crew members with responsibilities under the plan.
  3. A vessel response plan must be divided into the following sections:
    •  General information and introduction
    • Notification procedures
    • Shipboard spill mitigation procedures
    • Shore-based response activities
    • List of contacts
    • Training procedures
    • Exercise procedures
    • Plan review and update procedures
    • On board notification checklist and emergency procedures (unmanned tank barges only)
    • Geographic-specific appendix for each COTP zone in which the vessel or vessels operate
    • An appendix for vessel-specific information for the vessel or vessels covered by the plan

Pre-Fire Plan Requirement

VRP must also include a pre-fire plan consistent with NFPA 1405 guidelines. This plan must be provided to the marine firefighting resource provider, who must acknowledge and certify acceptance. This ensures the provider is prepared with vessel-specific information before an incident.

Understanding Salvage and Marine Firefighting

SMFF applies to vessels having an approved VRP or NTVRP. The following services are included under SMFF, under an approved VRP:

Services under SMFF Details of Services Included
Salvage
  1. Remote assessment and consultation
  2. Assessment of structural stability
  3. On-site salvage assessment
  4. Assessment of structural stability
  5. Hull and bottom survey
  6. Emergency towing
  7. Salvage plan
  8. External emergency transfer operations
  9. Emergency lightering
  10. Other re-floating methods
  11. Making temporary repairs
  12. Diving services support
  13. Special salvage operations plan
  14. Subsurface product removal
  15. Heavy lift
Marine firefighting
  1. Remote assessment and consultation.
  2. On-site fire assessment.
  3. External firefighting teams.
  4. External vessel firefighting systems.

Owner/Operator’s Responsibilities Under SMFF

A vessel owner/operator is responsible for appointing a “Resource Provider” (who is an SMFF
service provider). The approved VRP shall have details of the Resource Provider who has been
arranged by contract (a written consent from the Resource Provider).

A vessel owner/operator shall use due diligence and is solely responsible for determining the
suitability of the SMFF Resource Provider based on the following guiding factors:

  • Resource provider is currently working on the response service needed.
  • Resource provider has documented history of participation in successful salvage and/or marine firefighting operations, including equipment deployment.
  • Resource provider owns or has contracts for equipment needed to perform response services.
  • Resource provider has personnel with documented training certification and degree experience (Naval Architecture, Fire Science, etc.).
  • Resource provider has 24-hour availability of personnel and equipment, and a history of response times compatible with the time requirements in the regulation.
  • Resource provider has an ongoing continuous training program as applicable (NFPA code).
  • Resource provider has a successful record of participation in drills and exercises.
  • Resource provider has salvage or marine firefighting plans used and approved during real incidents.
  • Resource provider has membership in relevant national and/or international organizations.
  • Resource provider has insurance that covers the salvage and/or marine firefighting services, which they intend to provide.
  • Resource provider has sufficient up-front capital to support an operation.
  • Resource provider has equipment and experience to work in the specific regional geographic environment(s) that the vessel operates in (e.g., bottom type,  water turbidity, water depth, sea state, and temperature extremes).
  • Resource provider has the logistical and transportation support capability required to sustain operations for extended periods of time in arduous sea states and conditions.
  • Resource provider has the capability to implement the necessary engineering, administrative, and personal protective equipment controls to safeguard the health and safety of their workers when providing salvage and marine firefighting services.
  • Resource provider has familiarity with the salvage and marine firefighting protocol for each COTP (Captain of the Port) area for which they are contracted.

Understanding Qualified Individual (QI)

Qualified individual (and alternate qualified individual) means a shore-based representative of a vessel owner or operator who meets the requirements of the approved VRP. VRP must identify a QI and at least one alternate QI, who must be available on a 24-hour basis.

The QI and Alternate QI must:

  1. Speak fluent English
  2. Located in the United States (except for Canadian-flagged vessels)
  3. Familiar with the implementation of the VRP
  4. Trained in the responsibilities of the QI

Responsibilities of Vessel Owner/Operator

The owner or operator of a vessel may designate an organization to fulfill the role of the QI and alternate QI. This organization must then identify a QI and at least one alternate QI who meet the requirements as mentioned in VRP.

In the approved VRP, the vessel owner/operator is required to list the organization, the person identified as the QI, and the person or persons identified as an alternate QI.

A vessel owner/operator shall provide each QI as identified in the VRP with a document designating them as a QI and specifying their full authority to:

  1. Activate and engage in contracting with the Oil Spill Removal Organization (OSRO) and other response-related resources identified in the VRP.
  2. Act as a liaison with the predesignated Federal On-Scene Coordinator (FOSC).
  3. Obligate funds required to carry out response activities.

Limitations of QI

The QI is not responsible for:

  1. The adequacy of response plans prepared by the owner or operator.
  2. Contracting or obligating funds for response resources beyond the full authority contained in their designation from the owner or operator of the vessel.

Role of QI under SMFF

When there is an SMFF situation, the QI is expected to notify the listed primary SMFF resource provider(s).

When salvor(s) and/or marine firefighter(s) are concerned about the role of the QI in a salvage or fire situation, they should review the QI designation document in the VRP. An approved VRP governs the QI and vessel owner/operator relationship. The vessel owner/operator provides the QI with a document that not only designates the individual or organization as QI but also specifies the full authority of the QI to activate and engage in contracting with ‘other response-related resources’, such as SMFF resources, identified in the plan.

QI does not negotiate an SMFF contract with the salvor when an incident occurs. Under the SMFF rule, the vessel owner/operator submits a pre-negotiated SMFF contract and funding agreement in the approved VRP. Then, should an incident occur, the vessel owner/operator and the salvor will already have identified the services to be provided and agreed fees that will be charged, and the duration of the agreement for services and fees. This funding agreement is to ensure that SMFF responses are not delayed due to funding negotiations.

Oil Spill Removal Organization (OSRO)

An Oil Spill Removal Organization (OSRO) is defined in US 33 CFR 155.1020 simply as an entity that provides oil spill response resources. Plan holders must ensure the availability of these resources through contract or other approved means, which may include membership in a cooperative OSRO or a written consent agreement.

Control of such resources through means other than ownership includes leasing or subcontracting of equipment or, in the case of trained personnel, by having contracts, evidence of employment, or consulting agreements. OSROs provide response equipment and services, individually or in combination with subcontractors or associated contractors, under contract or other approved means, directly to a vessel owner or operator of a vessel or a facility required to have a response plan.

OSROs can mobilize and deploy equipment or trained personnel and remove, store, and transfer recovered oil. Persons such as sales and marketing organizations (e.g., distributorships and manufacturers’ representatives) that warehouse or store equipment for sale are not OSROs.

Hazardous Condition and Activation of VRP

A hazardous condition is defined as any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the US. It may, but need not, involve collision, allision, fire, explosion, grounding, leaking, damage, injury, or illness of a person aboard, or manning-shortage.

A vessel’s notification of a hazardous condition to the USCG will not necessarily activate VRP. It will ensure that the nearest USCG Sector is aware of any event or potential event that may require its use.

The VRP must be activated for an oil spill or threat of an oil spill, but any of the following events could trigger a SMFF response, whether or not the VRP is required to be activated:

  1. Master’s notification to the nearest USCG unit of a hazardous condition.
  2. Master’s notification to the National Response Center (NRC) as soon as there is knowledge of any discharge of oil or a hazardous substance from a vessel.

EPA 2013 Vessel General Permit

For incidental discharges from vessels, operators must also comply with the Environmental Protection Agency’s 2013 Vessel General Permit (VGP), issued under the Clean Water Act. Please refer to the link for further details: EPA 2013 VGP Information

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