40 CFR 112 Subpart D: EPA Facility Response Plans

Regulatory citation: Clean Water Act; 40 CFR Part 112, Subpart D, Response Requirements (sections 112.20 and 112.21)

What Are EPA Facility Response Plans?

A facility response plan (FRP) is a plan for responding to a worst-case discharge of oil, and to smaller discharges, from a non-transportation-related onshore facility. Subpart D of Part 112 requires facilities that could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or adjoining shorelines to prepare an FRP and submit it to the EPA Regional Administrator.

FRP facilities are generally also subject to the Spill Prevention, Control, and Countermeasure (SPCC) requirements in the same part. SPCC focuses on preventing discharges. The FRP focuses on planning, people and equipment for responding once oil is released.

Why Facility Response Plans Matter

Large oil storage facilities near waterways can release volumes that overwhelm local responders. A tested plan, contracted resources and trained staff help keep a release contained.

Core Obligations

1. Apply the Substantial Harm Criteria (112.20(f)(1))

A facility meets the substantial harm criteria if it transfers oil over water to or from vessels and has a total oil storage capacity of 42,000 gallons or more. It also meets the criteria if it has a total oil storage capacity of 1 million gallons or more and any one of the following applies: it lacks secondary containment sufficient to contain the capacity of the largest aboveground tank in each storage area plus room for precipitation; it is located at a distance where a discharge could cause injury to fish and wildlife and sensitive environments; it is located at a distance where a discharge would shut down a public drinking water intake; or it has had a reportable oil discharge of 10,000 gallons or more within the last 5 years. Distances are calculated using Appendix C or a comparable formula.

2. Document the Determination (112.20(e))

A facility that does not meet the criteria must complete and keep at the facility the certification form in Appendix C, Attachment C-II. The Regional Administrator may also require any facility to prepare an FRP, based on factors such as transfer operations, storage capacity, location and spill history, and the facility then has six months to submit.

3. Submit the Plan on Time (112.20(a))

A newly constructed facility that meets the criteria must submit its FRP before the start of operations, with adjustments allowed after an operational trial period of 60 days. A facility that becomes subject because of a planned change must submit before the changed portion begins operating, and one that becomes subject because of an unplanned event must submit within six months.

4. Include the Required Plan Elements (112.20(h))

The plan must follow the Appendix F model format or an equivalent format acceptable to the Regional Administrator. Required elements include an emergency response action plan; facility information; a qualified individual with full authority to implement removal actions; notification lists, response equipment and contracts; evacuation plans; a hazard evaluation with discharge history; discharge detection; implementation procedures; self-inspection, drill and training descriptions; site and drainage diagrams; security systems; and the cover sheet.

5. Plan for Three Discharge Sizes (112.20(h)(5))

The plan must address the worst-case discharge, calculated using the Appendix D worksheet. Where smaller than the worst case, it must also address a discharge of 2,100 gallons or less, and a discharge greater than 2,100 gallons and less than or equal to 36,000 gallons or 10 percent of the capacity of the largest tank, whichever is less. Response resources are identified using Appendix E.

6. Keep the Plan Current (112.20(d) and (g))

The owner or operator must revise and resubmit portions of the plan within 60 days of any change that may materially affect the response to a worst-case discharge, such as a change in configuration, oil type or removal organization. Personnel and telephone list changes need no approval, but copies must be provided. The plan must be consistent with the National Contingency Plan and Area Contingency Plans, and the relevant portions of those plans must be reviewed annually. For facilities found to pose significant and substantial harm, EPA reviews and approves the plan and reviews it periodically, at intervals of no more than five years.

7. Train Personnel and Run Drills (112.21)

Each FRP facility must develop and implement a facility response training program and a drill and exercise program. A program following the National Preparedness for Response Exercise Program (PREP) is deemed satisfactory. Training must be functional for both supervisory and non-supervisory personnel.

Common Compliance Approaches

Screen Every Facility

Run each oil storage site through the Appendix C flowchart and keep either a submitted FRP or a signed certification of non-applicability on file.

Contract Response Resources

Keep contracts with oil spill removal organizations current and matched to planning volumes.

Use a PREP Calendar

Schedule and log notification drills, deployment exercises and tabletop exercises.

Example: Facility Response Plans in Practice

A bulk fuel terminal with 3 million gallons of storage sits half a mile from a river intake used by a town water system. Using the Appendix C formula, the environmental manager finds that a discharge could shut down the intake, so the terminal meets the substantial harm criteria. The terminal prepares an FRP in the Appendix F format, calculates its worst-case discharge, contracts an oil spill removal organization and names the terminal manager as qualified individual.

Related regulations: EPA SPCC plans, EPA discharge of oil reporting, OSHA HAZWOPER.

Note: This summary covers EPA requirements for non-transportation-related onshore facilities. Marine transportation-related facilities, vessels and pipelines have response plan rules from other agencies, and states may have additional requirements. Always check the current regulation text.

Frequently Asked Questions

Which facilities need an FRP?

Facilities that transfer oil over water to or from vessels and store 42,000 gallons or more, or that store 1 million gallons or more and meet a containment, location or spill history criterion, as well as facilities the Regional Administrator requires to prepare one.

What if my facility does not meet the criteria?

You must complete the certification form in Appendix C and keep it at the facility.

How quickly must an FRP be updated after a change?

Revised portions must be submitted within 60 days of a change that may materially affect the response to a worst-case discharge.