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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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What is the Tier 2 Vehicle & Gasoline Sulfur Program?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The Tier 2 Vehicle and Gasoline Sulfur Program is a landmark program, begun in January 2004, that affects every new passenger vehicle and every gallon of gasoline sold in the U.S. By designing cleaner cars that run on…
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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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Can a refiner or importer use gasoline sulfur test methods other than ASTM D 2622-98, especially for sulfur levels of 10 ppm and less?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The rule designates ASTM D 2622 as the benchmark test method by which compliance will be determined, and that is the test that the Agency typically will use in establishing compliance. However, the rule does permit alternative test…
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There is significant difference between "refiner" and "refinery". Portions of the regulations use "refiner" where "refinery" is the appropriate term. While it may be clear from the context that "refinery" is meant, text should be changed to avoid any poss
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . We agree with the comment and intend to make these clarifications in a future rulemaking. These clarifications would not affect the regulatory requirements in the current final rule.
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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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Must a refinery that produces both California gasoline and federal RFG designate each batch produced as either federal RFG or California gasoline, and maintain segregation of both products, even though the gasoline meets the requirements of both programs?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.375(c) requires that each batch of California gasoline be designated as such by the refiner or importer, and that California gasoline be segregated from gasoline that is not California gasoline at all points in the distribution system…
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Truckers may obtain both premium gasoline and regular gasoline from a terminal in order to supply a retail outlet with midgrade gasoline. In such cases, if a truck obtains a load of gasoline from a terminal that consists of a mixture of gasoline from a te
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The regulation specifically exempts gasoline in trucks from the testing requirement for S-RGAS, and instead allows truckers to rely on the test result of the terminal supplying the truck carrier. See § 80.210(d)(4). Where a tanker truck receives…
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Section 80.46(a) was amended by the rule to require the use of ASTM D-3246 to determine the sulfur content of butane. Many refiners and butane suppliers do not currently use that method. Requiring a new method prior to the 2004 effective date of the gasol
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The final gasoline sulfur rulemaking amended 40 CFR § 80.46(a) to require the use of ASTM D 3246-96 to determine the sulfur content of butane. We did not intend to require the use of this new test method…
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Can butane blenders generate allotments and credits?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.340(b)(1) provides that butane blenders may comply with the gasoline sulfur rule sampling and testing requirements using test results from the butane supplier provided that certain requirements are met. One requirement is that the sulfur content of…
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Does the gasoline sulfur rule require refiners and downstream parties to account for the sulfur content of a registered fuel additive, such as a corrosion inhibitor used to help prevent sulfur-related fuel gauge sending unit failures?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Currently, there is no requirement under the gasoline sulfur rule for refiners or downstream parties to demonstrate compliance with the gasoline sulfur standards for registered fuel additives. Parties who add fuel additives, however, are responsible for ensuring that…
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Section 80.335(a)(2) requires refiners to retain sample portions for the most recent 20 samples collected, or for each sample collected during the most recent 21 day period, whichever is greater. Is a refinery that produces only one or two batches of gaso
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The cited section of the regulation specifies the minimum number of batch samples from a refinery, which once created, must be maintained (twenty). The regulation does not specifically address the maximum amount of time that any particular sample…
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