Search Frequent Questions

Filter By:

Active filters:

Remove all filters

Displaying 1 - 15 of 23 results

  • How often does a facility need to complete an oil spill response training under the FRP requirements?

    Facilities subject to the Facility Response Plan (FRP) regulations in 40 CFR Part 112, Subpart D are required to develop a facility response training program to train those personnel involved in oil spill response activities (§112.21(b)). How often does a facility need to complete an oil spill response training under…

    • Last published:

  • What is a significant and substantial harm facility?

    Some substantial harm facilities may meet the criteria for a significant and substantial harm facility. After you have prepared and submitted your FRP, the RA may determine that your facility has the potential, not just for substantial harm, but for significant and substantial harm. If the RA makes that determination…

    • Last published:

  • May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel. A comparable provision appear in the RFS1 regulations, at…

    • Last published:

  • PE certification for an FRP if an SPCC impracticability determination is made

    If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part…

    • Last published:

  • May I generate RINs for renewable fuel that I produced and sold for non-motor vehicle use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. RINs that were previously generated in 2009 and 2010 may be reinstated if they were retired for non-motor vehicle use. However, RINs may not be generated for renewable fuel produced in the past in order to retire…

    • Last published:

  • Elements to include in Facility Response Plan

    What key elements should I include in my Facility Response Plan? As you prepare your FRP, be sure that your plan includes the following elements: Emergency Response Action Plan (an easily accessible stand-alone section of the overall plan) including the identity of a qualified individual with the authority to implement…

    • Last published:

  • What are the FRP recordkeeping requirements?

    What FRP recordkeeping requirements must I satisfy? You must maintain the response plan at your facility, along with plan updates reflecting material changes. You must also keep a log of response training drills and exercises. Records of inspections of response equipment must be kept for five years. If you determine…

    • Last published:

  • Under FRP, what is the definition of a qualified individual?

    The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR §112.20(h)(i)). What is the definition of a qualified individual? The relevant statute, CWA 311(j)(5)(C)(ii) requires that the plan identify the…

    • Last published:

  • In addition to 2009 RINs, may a party reinstate 2008 and 2010 RINs that were retired for non-road use under RFS1?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1429(g), any 2009 RINs that were retired for non-motor vehicle, heating oil or jet fuel use under RFS1 may be reinstated under RFS2. The regulations do not allow 2008 RINs to be reinstated. Since RFS1 RINs…

    • Last published:

  • How does a retiring party reinstate RFS1 RINs that were retired because renewable fuel was ultimately used for non-motor vehicle, heating oil or jet fuel purposes? What steps are required to be taken and do any codes require changing?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1429(g), parties may reinstate 2009 RINs that were retired under RFS1 because the renewable fuel was ultimately used in a non-motor vehicle application, heating oil or jet fuel. As stated in question 11.1, since RFS1 RINs…

    • Last published:

  • FRP Site Plans with Varying Storage Contents

    The Facility Response Plan regulations require subject facilities to prepare and maintain a site plan diagram that includes, among other things, the contents of bulk oil storage tanks, drum oil storage areas, and surface impoundments ( 40 CFR Part 112 Appendix F ). When the contents of these storage units…

    • Last published:

  • SPCC Qualified Facilities Substantial Harm Criteria Certification

    Are SPCC qualified facilities required to complete and maintain a copy of the Certification of the Applicability of the Substantial Harm Criteria form located in Appendix C of 40 CFR Part 112? Yes, all SPCC regulated facilities, including qualified facilities, that do not meet the criteria of a substantial harm…

    • Last published:

  • What is a Facility Response Plan?

    According to the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA), certain facilities that store and use oil are required to prepare and submit plans to respond to a worst case discharge of oil and to a substantial threat of such a discharge. EPA has established…

    • Last published:

  • What are the requirements of EPA's Facility Response Plan Rule?

    According to OPA, an owner or operator of a “substantial harm” facility must develop and implement an FRP. A “substantial harm” facility is a facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or…

    • Last published:

  • What is the purpose of a Facility Response Plan?

    The FRP helps an owner or operator develop a response organization and ensure the availability of response resources (i.e., response equipment, trained personnel) needed to respond to an oil discharge. The FRP should also demonstrate that the response resources are available in a timely manner, thereby reducing a discharge’s impact…

    • Last published: