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  • 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…

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  • 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…

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  • 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…

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  • What are the recordkeeping requirements for a renewable fuel producer that uses used cooking oils and fats as feedstocks for renewable fuel?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Renewable fuel producers using used cooking oils or animal wastes as feedstocks are required under 40 CFR 80.1454(d)(3) to obtain from their feedstock supplier, and maintain in their records, documents which certify that the feedstock meets the definition…

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  • What materials from non-federal forestlands meet the definition of renewable biomass in RFS?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Slash and pre-commercial thinnings from non-federal forestland that is not ecologically sensitive forestland qualify as renewable biomass for purposes of RFS. Slash is defined in 40 CFR 80.1401 as the residue, including treetops, branches and bark, left on…

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  • 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…

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  • 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…

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  • 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…

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  • How does the "active management" requirement in the definition of renewable biomass apply to land that changes status in the future?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In RFS2, EPA has interpreted the EISA requirement that existing agricultural land be "cleared or cultivated at any time prior to [December 19, 2007] and actively managed or fallow and nonforested" to apply to land that existed as…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • Criteria for significant and substantial harm facility designation

    How do I know if my facility is a significant and substantial harm facility? Your facility may be a significant and substantial harm facility if it meets the over water transfer criterion, has a total oil storage capacity of one million gallons or more, and meets one or more of…

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