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Facility Response Plans (FRP)
Introduction
Plans
See also the Facility Response Planning Complaince Assisance Guide.
Introduction
Why FRPs?
Under the Clean Water Act §311(j)(5), all owners/operators of oil storage facilities are required to prepare a facility-specific response plan. This plan, to the maximum extent possible, is for responding to a "worst case discharge" of oil and to the substantial threat of such a discharge to the surrounding environment.
What types of oil are regulated?
Oil is defined as an oil of any kind or in any form, including, but not limited to,
- vegetable oil and animal fats
- petroleum,
- fuel oil,
- sludge,
- oil refuse, and
- oil mixed with wastes other than dredged spoil.
What is considered "substantial harm?"
Substantial harm is determined by the amount of storage, type of activities, location and spill history of the facility. If any of the following applies to a facility, then they would be considered to pose substantial harm to the environment.
- A facility with a maximum oil storage capacity greater than or equal to 42,000 gallons and operations include over-water transfers of oil to or from vessels;
- A facility with a maximum oil storage capacity greater than or equal to one million gallons;
- A facility without secondary containment for each above ground storage tank large enough to contain the capacity of the largest above ground storage tank within that storage area;
- A facility located at a distance such that a discharge from the facility could cause injury to fish, wildlife or the environment;
- A facility located at a distance such that a discharge from the facility would shut down a drinking water intake;
- A facility that has experienced a reportable spill in the past five years that was greater than or equal to 10,000 gallons.
Plans
What must an FRP contain?
A model response plan that is representative of the format and level of detail needed to address the required response plan elements is avaiable in 40 CFR 112.20. Some sections of the model plan include standard forms that are self explanatory, while other sections require more facility-specific information. An overview of the model response plan is as follows:
- Response Plan Cover Sheet
- Emergency Response Action Plan
- Facility Information
- Emergency Response Information
- Emergency notification procedures
- Spill response notification form
- Emergency response personnel
- Emergency response equipment
- Facility contractor agreements
- Evacuation plan
- Duties of the emergency response coordinator/qualified individual
- Hazard evaluation
- Hazard identification
- Vulnerability analysis
- Analysis of spill potential
- Facility reportable spill history
- Spill scenario discussion
- Small and medium discharges
- Worst-case discharge
- Discharge detection systems information
- Plan implementation information
- Adequate resources for responding to small, medium and worst-case discharges
- Storage and disposal plans
- Measures to provide for containment and drainage
- Facility self-inspection checklists, training information and meeting logs
- Diagrams for the site plan and the drainage plan
- Security systems description
Where should plans be submitted?
Please submit FRPs to:
FRP Coordinator
U.S. EPA Region 5
77 W. Jackson Blvd. SE-5J
Chicago, IL 60604
How often must plans be resubmitted?
Each time there is a material change at an FRP facility, the facility must resubmit their plan for approval within 60 days. A material change is one that could affect the adequacy of the facility's response capabilities, such as the ability to respond to a worst-case discharge. Examples of material changes include:
- A significant change in facility capacity, configuration or type of oil handled;
- A change in the capacity or availability of response contractors; or
- A change in spill prevention equipment or response procedures that may affect the potential for a discharge to cause significant and substantial harm to the environment.
In addition, the CWA section 311(j)(5)(C) requires that the FRP be consistent with the ACP; therefore, an owner/operator may have to resubmit the plan based on the information in the ACP (e.g., identification of sensitive environments in the Region). Revisions of names or phone numbers in the emergency notification list must be submitted to the Regional Administrator, but do not require approval.
Note that the owner/operator must submit only those portions that were revised to reflect the material change and not the entire response plan. The Regional Administrator will review the submitted informaiton for approval and notify owners/operators within a reasonable amount of time if the plan amendments are acceptable.