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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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  • What information do I need to report for an oil discharge?

    The National Response Center (NRC) will ask a caller to provide as much information about the incident as possible including: • Name, organization, and telephone number • Name and address of the party responsible for the incident • Date and time of the incident • Location of the incident •…

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  • PE certifying a technical amendment

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify all technical amendments to an existing SPCC Plan (§112.5(c)). When certifying a technical change to an existing SPCC Plan, does the PE have to inspect and certify the entire Plan or only the amended…

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  • Leasing out empty oil storage containers.

    A facility leases out empty stationary tanks to other facilities that use the tanks to store oil (e.g., gasoline). The stationary tanks are empty while at the initial facility and eventually leased to other customers to be reused for oil storage. Is the facility that leases out the empty tanks…

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  • Inspection or monitoring program requirements when using alternative secondary containment for oil-filled operational equipment

    Instead of providing secondary containment for qualified oil-filled operational equipment, an owner or operator may prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials to quickly control and remove discharged oil. He/she must also have an inspection or monitoring program for the equipment to…

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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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  • When is a mobile refueler subject to SPCC requirements?

    According to a 1971 Memorandum of Understanding between the Department of Transportation (DOT) and the Environmental Protection Agency, EPA regulates non-transportation-related facilities and DOT regulates transportation-related facilities: • Mobile refuelers that operate solely within the confines of a non-transportation-related facility subject to the SPCC rule must comply with the general…

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  • How might determining impracticability under §112.7(d) affect a facility's FRP requirements under Part 112 Subpart D?

    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…

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  • Products authorized for use on oil discharges

    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? Section 311(d)(2)(G) of the Clean Water Act (CWA) directs EPA to prepare a schedule of dispersants, other chemicals, and oil spill mitigating…

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  • FRP Availability

    Are Facility Response Plans (FRPs) available to the public? FRPs are submitted to the appropriate EPA Region dependent on the location of the facility. Local Emergency Planning Committees (LEPC) and State Emergency Response Commissions (SERCs) may request a copy of the FRP from an owner or operator. FRPs are generally…

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  • Who would be liable for the fine if a state or local government that was not a certified firm hired a contractor that was not certified?

    Answer: The hired firm would be in violation of the Renovation, Repair, and Painting Rule if it was uncertified and performing a covered renovation. Question Number: 23002-24814 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • SPCC Training Materials for Production Sector

    Does EPA offer any Spill Prevention, Control, and Countermeasure (SPCC) training materials specifically for the production sector? Yes. EPA has developed a “train-the-trainer” presentation for the production sector. The presentation provides information for organizations to hold trainings on the SPCC rule. The presentation is available in the SPCC Rule: Train-the-Trainer…

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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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  • 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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