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Facility Response Plan (Part 112)

A number of federal statutes and regulations require emergency response planning (e.g., risk management planning under the Clean Air Act Section 112(r), contingency planning under RCRA, and facility response planning under the Oil Pollution Act). On June 5, 1996, the National Response Team (NRT), published the Integrated Contingency Plan ("One Plan") Guidance (61 FR 28642), providing a mechanism by which a facility may consolidate multiple emergency response plans into one functional plan. Is a facility required to integrate its emergency response plans? Must a facility use the Integrated Contingency Plan (ICP) format specified in the guidance?
Criteria for significant and substantial harm facility designation
Does a facility need to fill out Attachment C-II in 40 CFR Part 112, Appendix C if the facility is only subject to the SPCC regulations and is not subject to the Facility Response Plan (FRP) requirements?
Does EPA maintain a list of products that are authorized for use on oil discharges? If so, how can a manufacturer have their product included on the list?
Elements to include in Facility Response Plan
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 the FRP requirements?
Facility classification as "substantial harm facility"
PE certification for an FRP if an SPCC impracticability determination is made
Purpose of Oil Pollution Prevention regulation
Pursuant to 40 CFR §112.20, a facility that could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines must prepare and submit a Facility Response Plan (FRP). Section 112.20(h)(2) and Part 112, Appendix F, Section 1.2 require an FRP facility to include facility information, including whether the facility is located in or drains into a wellhead protection area as defined by the Safe Drinking Water Act (SDWA). What is a wellhead protection area and how can a facility determine if it is located in one?
Pursuant to 40 CFR §112.7(d), if a facility owner or operator finds that secondary containment methods are not practicable, the SPCC Rule allows for alternative modes of protection to prevent and contain oil discharges if additional requirements are met. How might determining impracticability under §112.7(d) affect a facility’s FRP requirements under Part 112 Subpart D?
Reviewing and updating a Facility Response Plan
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?
What are the FRP recordkeeping requirements?
What are the requirements of EPA's Facility Response Plan Rule?
What is a complex?
What is a Facility Response Plan?
What is a significant and substantial harm facility?
What is the purpose of a Facility Response Plan?

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