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Q: What factors define facilities that must prepare a FRP?
A: The single defining factor is whether a facility could reasonably be expected to cause “substantial harm” to the environment by discharging oil into or on navigable waters or adjoining shorelines, specifically:
1) Facilities that have a total oil storage capacity greater than or equal to 42,000 gallons and that transfer oil over water to/from vessels; or
2) Facilities that have a total oil storage capacity greater than or equal to one million gallons and meet one of the following conditions:
- Do not have sufficient secondary containment for each aboveground storage area,
- Are located at a distance such that a discharge from the facility could cause “injury” to fish, wildlife, and sensitive environments,
- Are located at a distance such that a discharge from the facility would close a public drinking water intake, or
- Have had, within the past five years, a reportable discharge greater than or equal to 10,000 gallons.
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Q: Can the EPA designate a facility as posing a substantial risk even if a facility self assessment found that the facility does not meet the requirements?
A: Yes. The EPA Regional Administrator can determine that a facility meets FRP requirements even if the self assessment determined otherwise. The determination will likely consider the same factors used by the owner/operator as well as other factors at their discretion.
The EPA Regional Administrator may also make a determination that a facility, due to its location, poses a “significant and substantial harm” to the environment by discharging oil into or on the navigable waters and adjoining shorelines, based on factors similar to the substantial harm criteria, as well as the age of tanks, proximity to navigable waters, discharge frequency, or other information. Facilities that pose significant and substantial harm must have their plans reviewed and approved by EPA.
Q: Once a facility completes an FRP, what are the requirements for updating the FRP?
A: FRPs must be kept up to date on several levels. First, the FRP must always be in compliance with requirements of 40 CFR 112, including any regulatory amendments. Second, if applicable, FRPs must be reviewed annually for consistency with the National Contingency Plan and any relevant area contingency plan. Third, FRPs should be revised as needed to reflect changes at the facility including:
- A change in the facility’s configuration that materially alters information in the response plan;
- A change in the type of oil handled, stored, or transferred;
- A material change in capabilities of any oil spill removal organization that provides equipment and personnel to respond to oil discharges from the facility; or
- A material change in the facility’s discharge prevention and response equipment or emergency response procedures.
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Q: Like many EPA regulations, the EPA FRP regulations requires that the plan identify a “qualified individual.” Does EPA provide a definition of the duties of a “qualified individual”?
A: Yes. 40 CFR part 112.20(h)(3)(ix) defines the duties of a qualified individual as having the authority to:
- Activate internal alarms and hazard communication systems;
- Notify needed response personnel;
- Identify the character, exact source, amount, and extent of the release and items needed for notification;
- Notify and provide necessary information to the appropriate federal, state and local authorities with designated response roles;
- Assess the interaction of the discharged substance with water and/or other substances stored at the facility and notify response personnel at the scene of that assessment;
- Assess the possible hazards to human health and the environment due to the release;
- Assess and implement prompt removal actions to contain and remove the substance released;
- Coordinate rescue and response actions as previously arranged with all response personnel;
- Use authority to immediately access company funding to initiate cleanup activities; and
- Direct cleanup activities until properly relieved of this responsibility.