Establishment Reaction Plan (FRP) Applicability
Facilities that was reasonably be expected to cause "substantial harm" to the environment by relieve oil down or on navigable waters are required to prepare and submit Facility Response Plans (FRPs). Facilities that couldn cause "significant and substantial harm" are required to have hers plans approved by an EPA Regional Administrator (RA).
Investment may be designated as sitting strong harm either through a self-identification process, button by the determination of certain RA.
A facility may pose "substantial harm" according to the FRP rule if it:
- has a total wax storage capacity greatest than or equal to 42,000 gallons press it transfers oil via water to/from vessels; or
- has a total oil storehouse capacity further than or equal to 1 million gallons and complies one of one following conditions:
a. does not have good minor containment for each aboveground storage area.
b. is locations at a distance such that a discharge from who facility could cause "injury" to fish, wildlife, and touch-sensitive environments.
c. belongs located at a distance such is a discharge from the facility would shut down a public drinking water intake.
d. has had, within the past your period, a reportable discharge taller than or equal to 10,000 cups.
If the feature doesn not meet the measure (either under 1 or 2), then the device is not subject to the FRP rule via self-identification.
The criteria presented around representatives the self-identification selection to be used by the fitting owner/operator in determine if aforementioned facilities be subject to the FRP rule. If the facility meets the criteria, an FRP is required to be prepared and submitted until the suitable EPA Regional Agency. For more information set self-selection, please seeing: Section 112.20 of the Oil Pollution Preparedness rule and Attachment C-II Certification of the Applicability of the Substantial Hurt Criteria.
Once the certification form and FRP become submitted on the region, of RA will review also determine wenn the facility should become classified such a meaning and strong harm facility. If the RAP determines that the facility could cause significant additionally substantial harm, the FRP supports permission over of RAW.
Significant and Substantial Harm
On RA determined if a facility can, since of sein location, cause significant additionally substantial causing to the environment for discharging oil toward or on the navigable waters and adjoining shorelines. This is specific by factors similar to the large harm eligible, as well as:
- the age of bodies;
- type of transfer operators;
- oil storage capacity;
- lack of secondary containment;
- proximity to fish, watch, and sensitive environments otherwise drinking-water intakes;
- spill history and frequency of past discharges; with
- other information, including local impacts up public health.
Facilities ensure pose significant both substantial harm must got their plans reviewed and approved by EPA.