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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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  • Can I leave my car or other vehicles on my property while I am away?

    The cleaning team will need workspace outside of your home or place of business to set up trailers and equipment. If it is determined that your vehicles need to be moved, you should arrange to temporarily remove them from your property.

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  • What happens to my belongings during the cleaning?

    The items you leave on your property and inside your home or place of business will remain where you left them and will not be removed.

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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 do I do with my indoor plants during the cleaning?

    You may leave plants on your property and inside your home or place of business. However, the cleaning team will not move any of your belongings, including plants. You may want to consider moving plants outside for the day, if possible, and watering them before you leave.

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  • My firm drills a series of 1/2-inch diameter holes in sheet rock to dry it out where rooms have been flooded. Is drilling these holes a prohibited practice?

    No. The requirement for HEPA exhaust control does not apply to the use of all power tools. Specifically, HEPA exhaust control is not required when using a power drill to drill holes in sheetrock. When using a power drill with a drill bit to cut through sheetrock, the speed associated…

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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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  • What happens if any of my items get damaged during the cleaning process?

    If any items get damaged, an independent appraiser will estimate the value of the item by using the videos and photos of your belongings to determine a fair value for the item that needs to be replaced. The assessment will then be presented to you for your approval. If you…

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  • What should I do with food items?

    Any food in your kitchen cabinets and refrigerator/freezer that you will not need while you are away can be left in place. This includes items such as spices, canned, boxed, and bagged foods, and refrigerated/frozen foods. Before you leave your home or office, please be sure to empty all garbage…

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  • How do I know that my belongings will be safe during the cleaning?

    Before the team begins cleaning, they will videotape each room and photograph the items you left. The videos and photos provide a record of the items that were present and the conditions of those items at the time the cleaning team entered your structure. An EPA representative will be present…

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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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