Saturday, August 11, 2018

Why Needs a FRP? Is a FRP the Same As a SPCC Plan?

What is a Facility Response Plan?

Under the federal Oil Pollution Prevention Act rules, certain facilities are required to prepare a Facility Response Plan or FRP. An FRP is an enhanced spill preparedness and response plan. Key elements of a FRP include:
  • Emergency Response Action Plan, maintained as astand-alone section of the overall plan
  • Facility information, including its name, type, location, owner, operator information
  • Emergency notification, equipment, personnel, and evacuation information
  • Identification and analysis of potential spill hazards and previous spills
  • Discussion of small, medium, and worst-case discharge scenarios and response actions
  • Description of discharge detection procedures and equipment
  • Detailed implementation plan for response, containment, and disposal
  • Description and records of self-inspections, drills and exercises, and response training
  • Diagrams of facility site plan, drainage, and evacuation plan
  • Security (e.g., fences, lighting, alarms, guards, emergency cut-off valves and locks, etc.)
  • Response plan coversheet

If I Already Have An SPCC Plan Do I Need A FRP?

Possibly; All FRP facilities need am SPCC Plan, but not all SPCC facilities need a FRP. Although Facility Response Plans (FRPs) and SPCC Plans are different and should be maintained as separate documents, some sections of the plans may be the same. The revised Oil Pollution Prevention regulation allows the facility owner or operator to reproduce and use those sections of the SPCC Plan in the FRP.

Who Needs To Prepare A Facility Response Plan?

Facilities that could reasonably be expected to cause "substantial harm" to the environment by discharging oil into or on navigable waters are required to prepare and submit Facility Response Plans (FRPs). Facilities that could cause "significant and substantial harm" are required to have their plans approved by an EPA Regional Administrator. The criteria for "substantial harm" are:
  1. has a total oil storage capacity greater than or equal to 42,000 gallons and it transfers oil over water to/from vessels; or
  2. has a total oil storage capacity greater than or equal to 1 million gallons and meets one of the following conditions:
  • does not have sufficient secondary containment for each aboveground storage area.
  • is located at a distance such that a discharge from the facility could cause "injury" to fish, wildlife, and sensitive environments.
  • is located at a distance such that a discharge from the facility would shut down a public drinking water intake.
  • has had, within the past five years, a reportable discharge greater than or equal to 10,000 gallons.
If the facility does not meet the criteria (either under 1 or 2), then the facility is not subject to the FRP rule via self-identification.

Caltha LLP assists facilities subject to the Oil Pollution Prevention Act to prepare and maintain SPCC Plans and Facility Response Plans. Click here for more information on EH&S plan services.

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