SEPA
United States Environmental Protection Agency
shanse
1?anninq
COMPLIANCE ASSISTANCE GUIDE
U.S. EPA Oil Program Center Ariel Rios Building 1200 Pennsylvania Avenue (5203G) Washington, DC 20460
-------
cs
1
55
5,
at
Many of f/te terms used /n fn/s gu/cte have
specific definitions under the Oil Pollution
Prevention Regulation, (Definitions can be
found in 40 CFR 112.2.) Other regulatory
programs may define some of these terms
differently. Words or phrases that are
specifically defined in the regulation are
indicated by bold italic type when they
first appear in the text of this guide.
This guide is part of a series of compliance assistance guides that the U.S.
Environmental Protection Agency (EPA) developed in order to help owners
and operators of facilities that store or use oil, as well as other interested
people, to better understand the Federal Oil Pollution Prevention regulation
(40 CFR part 112). If you own or operate ^facility that stores or uses oil,
these guides will help you to determine whether the regulation applies to
you. They also provide descriptions of some of the basic requirements you
will be expected to meet if the regulation does apply to your facility.
The titles in this series include the following:
Introduction and Background to the Oil Pollution Prevention Regulation
Who's Who: Federal Agency Roles and Responsibilities for Oil Spill
Prevention and Response
What to Expect During an SPCC/FRP Inspection
Facility Response Planning
Sample SPCC Plan and Sample Containment Volume Calculations
SPCC Requirements and Oil Pollution Prevention Practices for Bulk Oil
Storage Facilities
SPCC Requirements and Oil Pollution Prevention Practices for Oil
Production, Drilling, and Workover Facilities
* SPCC Requirements and Oil Pollution Prevention Practices for Farms
and Ranches
SPCC Requirements and Oil Pollution Prevention Practices for Mines
and Quarries
SPCC Requirements and Oil Pollution Prevention Practices for Vehicle
Service Facilities
* SPCC Requirements and Oil Pollution Prevention Practices for Facilities
Conducting Large Volume Transfer Operations
SPCC Requirements and Oil Pollution Prevention Practices for Marinas
and Other Waterside Fueling Facilities
SPCC Requirements and Oil Pollution Prevention Practices for Airports
SPCC Requirements and Oil Pollution Prevention Practices for Railroad
Facilities
SPCC Requirements and Oil Pollution Prevention Practices for Electrical
Utilities
Oil Spill Notification, Response, and Recovery
* Industry Standards: A Guide for Owners and Operators of SPCC-
regulated Facilities
-------
reep in mind that this guide, and the others in this series, are intended
to provide guidance only. You should read the text of the Oil Pollution
Prevention regulation carefully if you think it applies to you. It can be
found at Title 40, Part 112 of the Code of Federal Regulations (40 CFR part
112). The CFR is available at Federal Depository Libraries around the
country, many of which are on the campuses of major colleges and
universities. It is also available online at http://www.gpo.gov.
You can obtain copies of any of the compliance assistance guides in this
series by contacting EPA headquarters or any EPA Regional Office, or by
visiting EPA's Oil Spill Program website at http://www.epa.gov/oilspill.
Contact information for EPA Headquarters and Regional Offices is
provided at the end of this guide.
When oil spills into navigable waters or onto adjoining shorelines, it can
have harmful impacts on the environment, human health, and economic
activity. EPA issued the Oil Pollution Prevention regulation to prevent oil
spills and to assure that oil facility personnel are prepared to respond if a
spill occurs.
The regulation has two sets of requirements. The first set of requirements is
the Spill Prevention, Control, and Countermeasure (SPCC) rule. The SPCC
rule is the basis of EPA's oil spill prevention program. The second set of
requirements is the Facility Response Plan (FRP) rule. The FRP program is
designed to ensure that certain facilities have adequate oil spill response
capabilities.
will I in this
This guide, Facility Response Planning, describes the preparation and
submission of an FRP. Before reading this guide, you should read the
Introduction and Background to the Oil Pollution Prevention Regulation.
EPA has prepared this guide to help you better understand the FRP rule. It
explains what an FRP is, who must prepare one, and what the major
components of a response plan are. It also provides a summary of the June
2000 revisions made to the FRP rule. You must comply with these
requirements if you meet the applicability provisions set out in the rule.
You can find the FRP rule in 40 CFR part 1 12, subpart D sections 1 12.20
and 1 12.21. Information is also available on the EPA Oil Spill Program
website http://www.epa.gov/oilspill
S1PCC, Compliance Assistance (juifle
I his guidance imposes no separate
duties on facility owners or operators other
than the requirements contained in the
FRP rule. If the re appears to be a conflict
between what is stated in this guidance
and what is stated in the FRP rule (40 CFR
112), the provisions of the FRP rule are the
ones to be followed. The statements in this
document are intended solely as guidance.
This document is not intended and cannot
be relied upon to create rights, substantive
or procedural, enforceable by any party in
litigation with the United States.
V?
-------
cs
1
55
5,
at
T/te ferm o// means o// of any kind or in any
form, including, but not limited to:
petroleum: fuel oil: sludge; oil refuse; oil
mixed with wastes other than dredged
spoil; fats, oils, or greases of animal, fish,
or marine mammal origin; vegetable oils,
including oils from seeds, nuts, fruits, or
kernels; and other oils and greases,
including synthetic oils and mineral oils.
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 regulations that
define who must prepare and submit an FRP and what must be included in
the plan. An FRP is a plan for responding, to the maximum extent
practicable, to a worse case discharge, and to a substantial threat of such a
discharge, of oil. The Plan also includes reponding to small and medium
discharges as appropriate.
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 adjoining shorelines. EPA's Facility Response Plan requirements
were published as a final rule in the Federal Register on July 1, 1994, and
codified at 40 CFR 112.20 and 112.21, including Appendices B through F.
EPA published revisions to the rule in the Federal Register on June 30,
2000, which modified the requirements for an owner or operator of a
facility handling, storing, or transporting animal fat or vegetable oil to
account for new research findings and to reflect new statutory requirements
under the 1995 Edible Oil Regulatory Reform Act and EPA's Fiscal Year
1999 Appropriation.
The FRP helps an owner or operator develop a response organization and
ensure the availability of response resources (i.e., response equipment,
trained personnel) needed to respond to an oil discharge. The FRP should
also demonstrate that the response resources are available in a timely
manner, thereby reducing a discharge's impact and severity. The FRP also
helps a facility owner or operator improve discharge prevention measures
through the early identification of risks at the facility. In addition, FRPs aid
local and regional response authorities to better understand the potential
hazards and response capabilities in their area.
-------
You should first determine if your facility must comply with the SPCC rule.
The Introduction and Background to the Oil Pollution Prevention
Regulation describes the applicability of the rule. If your non-
transportation-related facility is SPCC-regulated, and an oil discharge from
your facility could reasonably be expected to cause "substantial harm" to
the environment from a discharge to navigable waters of the U.S. or the
adjoining shoreline, you must prepare an FRP and submit it to the EPA
region. The RA will then determine whether your facility is a "significant
and substantial harm" facility, which would require the RA to review and
approve your FRP. If your facility does not meet the substantial harm
criteria discussed in the sections below, you must complete a certification
form and maintain it at the facility for review by EPA during facility
inspections.
EPA revised the Oil Pollution Prevention regulation in 2002 and some
revisions may affect whether you have a substantial harm facility. In some
cases your facility may not meet the storage capacity thresholds for the
substantial harm criteria, and you may not need to prepare and maintain an
FRP. In other cases, you must have an FRP, but you may be able to revise
the calculations for worst case discharge planning levels. According to the
2002 rule, effective August 16, 2002, the regulation no longer applies to the
following:
Completely buried tanks that are subject to Underground Storage Tank
technical requirements in 40 CFR parts 280 and 281;
Containers with a storage capacity of less than 55 gallons; and
Portions of certain facilities used exclusively for wastewater treatment.
The flowchart of criteria for substantial harm (see Figure 1) shows the
questions you must answer to determine if your facility can be classified as
a substantial harm facility. The classification can be met in one of two
ways:
Your facility meets the substantial harm criteria outlined in 40 CFR
112.20(f)(l);or
An EPA Regional Administrator (RA) determines that your facility
poses substantial harm to the environment.
Navigable waters are not only waters on
which a craft may be launched They also
include the following types of waters, their
tributaries, and adjacent wetlands:
1) Waters with a past, present, or possible
future use in interstate or foreign
commerce, including waters subject to
the ebb and flow of the tide;
2) Interstate waters, including interstate
wetlands;
3) All other waters whose use,
degradation, or destruction could affect
interstate or foreign commerce; these
may include intrastate lakes, rivers,
streams (including intermittent streams),
mudflats, sandflats, playa lakes, or
natural ponds;
4) Impoundments of waters that are
defined as waters of the United States;
and
5) Territorial sea.
Navigable waters do not include waste
water treatment systems or prior converted
cropland.
S1PCC, Compliance Assistance (juifle
V?
-------
cs
1
55
5,
at
Water Transfers
You can determine whether your facility meets the over water transfer criterion by answering the following
question: Does your facility transfer oil over water to or from vessels, and does your facility have a total
oil storage capacity greater than or equal to 42,000 gallons?
In order to answer the above question you must first know the following:
Your facility's total oil storage capacity can be determined by adding the capacities of all oil storage
containers (e.g., drums, tanks, electrical equipment), including aboveground containers with a capacity
of 55 gallons or more.
A vessel means any type of water craft capable of being used as a means of transportation on water.
If you answered "yes" to the above question, your facility is a substantial harm facility, and you must
prepare and submit an FRP to the Regional Administrator.
If you answered "no" to the above question, you must consider whether your facility meets any of the
criteria for facilities with 1,000,000 gallons or more of oil storage capacity (please see the next section).
Other Facilities
You can determine whether your facility meets the oil storage capacity criterion by answering the
following question: Does your facility have a total storage capacity greater than or equal to 1,000,000
gallons of oil?
If you answered "yes" to the above question, you need to further evaluate the following criteria:
* Lack of secondary containment
* Proximity to fish and wildlife and sensitive environments
Proximity to public drinking water intakes
* Reportable discharge greater than, or equal to 10,000 gallons within the last five years
If you answered "no" to the above question, you do not have to prepare and submit an FRP except at the
discretion of the RA. Instead, you are required to prepare a certification that your facility is not a
substantial harm facility (40 CFR part 112, Appendix C, Attachment C-II) and maintain this at your facility
along with your SPCC plan.
Secondary Containment
You can determine whether your facility meets the secondary containment criterion by answering the
following question: Do you lack secondary containment at your facility large enough to hold the capacity
of the largest aboveground storage tank within each storage area plus sufficient freeboard to allow for
precipitation?
If you answered "yes" to the above question, your facility is a substantial harm facility, and you do have to
prepare and submit an FRP.
-------
of for
Does the facility transfer oil over
water to or from vessels and
does the facility have a total oil
storage capacity greater than or
equal to 42,000 gallons?
Yes
-H Submit Response Plan
No
, f
Does the facility have a total oil
storage capacity greater than or
equal to 1 million gallons?
Yes
Within any aboveground storage
tank area, does the facility lack
secondary containment that is
sufficiently large to contain the
capacity of the largest
aboveground oil storage tank
plus sufficient freeboard to aiiow
for precipitation?
Yes,
No
No
Is the facility located at a
distance1 such that a discharge
from the facility coiiid cause
injury to fish and wildlife and
sensitive environments2?
Yes,
No
Is the facility located at a
distance1 such that a discharge
from the facility would shut
down a public drinking water
intake3?
Yes.
No
i
Has the facility experienced a
reportable oil spill in an amount Yes,
greater than or equal to 10,000
gallons within the last 5 years?
No
No Submittal of Response Plan
Except at RA Discretion
1 Calculated using the appropriate formulas in Attachment C-II! to this appendix or a comparable formula.
2 For further description of fish and wildlife and sensitive environments, see Appendices I, II, and ill to
DOC/NOAA's "Guidance for Facility and Vessei Response Pians: Fish and Wiidlife and Sensitive Environments"
(59 FR 14713, March 29,1994) and the applicable Area Contingency Plan.
3 Public drinking water intakes are analogous to public water systems as described at 40 CFR 143.2(c).
If you answered "no" to the above question, you do not have to prepare and
submit an FRP because of the secondary containment criterion. You must
consider whether your facility meets other specified factors (please see the
next section).
Fish and Wildlife and Sensitive Environments
You can determine whether your facility meets the fish and wildlife and
sensitive environments criterion by answering the following question:
Could a discharge from your facility cause injury to fish and wildlife and
sensitive environments?
S1PCC, Compliance Assistance (juifle
V?
-------
cs
1
55
5,
at
In order to answer the above question, you must first determine the following:
You must calculate the distance that discharged oil could travel from your facility before it is contained.
You should use the planning distance calculations for fish and wildlife and sensitive environments to
identify all fish and wildlife and sensitive environments within the planning distance. (See 40 CFR part
112, Appendix C, Attachment C-III.)
According to 40 CFR 112.2, injury means a measurable adverse change, either long- or short-term, in
the chemical or physical quality or the viability of a natural resource. The change can result either
directly or indirectly from exposure to a discharge of oil; from exposure to a product; or from reactions
resulting from a discharge of oil.
* You must check other sources to determine what constitutes an area that is sensitive for fish and wildlife
or the environment. These areas are identified by their legal designation, by evaluations conducted by
area committee members or members of the federal on-scene coordinator's discharge response
structure, or in an Area Contingency Plan (ACP). These areas may be identified either because of
sensitivity to the effects of a discharge event, or danger to human health. Examples of these
environments include:
Wetlands;
National and state parks;
Critical habitats for endangered species;
Wilderness and natural resource areas;
Marine sanctuaries and estuarine reserves;
Conservation areas;
Preserves;
Wildlife areas;
Wildlife refuges;
Wild and scenic rivers;
Recreation areas;
National forests;
Federal and state lands that are research natural areas;
Heritage program areas;
Land trust areas; and
Historical and archeological parks.
Appendices I, II, and III to Department of Commerce/National Oceanic and Atmospheric
Administration's Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments (59 FR 14713, March 29, 1994) contain additional information concerning fish and
wildlife and sensitive environments.
If you answered "yes" to the above question, your facility is a substantial harm facility, and you do have to
prepare and submit an FRP.
-------
If you answered "no" to the above question, you do not have to prepare and
submit an FRP because of the fish and wildlife and sensitive environments
criterion. You must consider whether your facility meets other specified
factors (please see the next section).
Public drinking water intakes
You can determine whether your facility meets the public drinking water
intake criterion by answering the following question: Could a discharge
from your facility affect public drinking water intakes?
In order to answer the above question, you must first determine the
following:
You must calculate the distance that discharged oil could travel from
your facility before it is contained. To do so, you may use the formulas
provided in the regulation. (See 40 CFR part 112, Appendix C,
Attachment C-III.)
A system is a public water system if it provides piped water for human
consumption and has at least 15 service connections or regularly serves
at least 25 individuals.
Public drinking water systems include collection, treatment, storage, and
distribution facilities.
To locate a downstream public drinking water intake, consult the
appropriate ACP, and contact the municipal or county water authority for
each area that may be affected by an oil discharge from your facility.
If you answered "yes" to the above question, your facility is a substantial
harm facility, and you do have to prepare and submit an FPJ3.
If you answered "no" to the above question, you do not have to prepare and
submit an FPJ3 because of the public drinking water intake criterion. You
must consider whether your facility meets other specified factors (please see
the next section).
Spill History
You can determine whether your facility meets the reportable discharges
criterion by answering the following question: Has your facility had a
reportable discharge in an amount greater than or equal to 10,000 gallons
within the last five years?
If you answered "yes" to the above question, your facility is a substantial
harm facility, and you do have to prepare and submit an FPJ3.
Appendix C, Attachment C-III of 40 CFR part
112 contains formulas for calculating the
planning distance. Did you know:
You should calculate the planning
distance based on the types of transfers
and the navigable water conditions
applicable to a facility.
Distance calculation formulas apply to:
- Moving waters;
- Still wafers;
- Tidally influenced areas; and
- Overland.
Moving waters are based on the velocity
of the water body and the time interval for
arrival of response resources.
Still waters are based on the spread of
discharged oil over the surface of the
water.
Tidally influenced areas are based on the
type of oil spilled and the distance down-
current during ebb tides and up-current
during flood tides to the point of maximum
tidal influence. For more information
about oil types, please refer to 40 CFR
part 112, Appendix E, Table 2.
Overland is based on the prospect of a
spill on land reaching navigable water.
S1PCC, Compliance Assistance (juifle
V?
-------
cs
1
55
5,
at
Efifl /s responsible for non-transportation-
retated facilities located landward of the
coastline (e.g., inland lakes and rivers,
including certain piping and coastal areas
landward of the low water mark).
The Minerals Management Service of the
Department of the Interior handles
offshore non-transportation-related
facilities located seaward of the coastline,
including certain pipelines. (See 30 CFR
part 254)
The USCG under DOT is responsible for
deepwater ports and transportation-related
facilities located landward of the coastline.
(See 33 CFR part 154, SubpartF)
DOT'S Office of Pipeline Safety in the
Research and Special Programs
Administration handles many onshore
pipelines (others are state regulated), (See
49 CFR part 194)
Note: The term "coastline" is "the line of
ordinary low water along the portion of the
coast which is in direct contact with the
open sea and the tine marking the seaward
limit of inland wafers,"
If you answered "no" to the above question, and have followed the
sequence of questions to reach this final question, you do not have to
prepare and submit an FRP, except at the discretion of the RA. Instead, you
are required to complete and maintain a certification (with your SPCC plan)
that your facility is not a substantial harm facility.
Certification of Non-Substantial Harm
As described in 40 CFR 112.20(e) and in Appendix C, paragraph 3.0 of part
112, if none of the substantial harm criteria applies to your facility, you
must complete and maintain at your facility, with your SPCC Plan, a
certification form that indicates that you determined that your facility is not
a "substantial harm" facility. If you decide to use an alternative formula
(i.e., one that is not described above or in 40 CFR 112.20(f)(l)(ii)(B) or
(C)) to determine that your facility does not meet the substantial harm
criteria, you must attach documentation to the certification form that
demonstrates the reliability and analytical soundness of the comparable
formula and you must notify the RA in writing that you used an alternative
formula.
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, under OPA the RA must review and approve your FRP.
7
Your facility may be a significant and substantial harm facility if it meets
the over water transfer criterion, has a total oil storage capacity of one
million gallons or more, and meets one or more of the other substantial
harm factors mentioned above. Also, the RA may consider any of the
additional significant and substantial harm factors set out in 40 CFR
112.20(f)(3). The additional significant and substantial harm factors
include:
Frequency of past spills;
Proximity to navigable waters;
* Age of oil storage tanks; and
Other facility-specific and region-specific information, including local
impacts on public health.
-------
on
Pump
Valve
IB""**"
OPS jurisdiction extends to pressure
influencing device which affects
operating pressure of the main pipeline.
"/'Product*'*"
.* Tank2 \
I (Storage) J
. &
. (Breakout) *
**.._,.<**
...-.**. .5
a a m a a
MARINE LOADING DOCK1
-The tank depicted as used for
storage associated with the MTR
facility and is under EPA
Jurisdiction. If tank is also used
as a breakout tank it is subject to
both OPS and EPA jurisdiction,
11
i.c
II
1 Marine TransportationRelated
Facility fIVSTR) is defined in 33 CFR
154.1020. This segment of a complex
is under CG jurisdiction for the
purposes of CWA Section 3110).
mm mm mm m CG JuriSdlCtlOfl
DOT/OPS Jurisdiction3
Em Jurisdiction3
B H. « B H. Joint EFft-OPS Jurisdiction3
3This diagram does not identify the precise location where the change in jurisdiction occurs between EPA and
OPS for the purpose of the Clean Water Act, Section 311 (j) (33 USC 132(j)). When the pipeline operator and the
storage or breakout tank operator remain the same, the change in jurisdiction occurs at the first and iast
pressure influencing device, meter, valve, or isolation flange, at or inside the facility property line. When the
pipeline operator and the storage or breakout tank operator are not the same, the change in jurisdiction occurs
at the change in operational responsibility or at the first and last pressure influencing device, valve, or isolation
flange, at or inside the facility property line. In either of the above situations, the location of the property line
should not solely be used to determine jurisdiction when operational activities (loading/offloading) extend
beyond the properly line.
2:
Some facilities must meet the requirements of two or more federal agencies,
because they engage in activities that fall under the jurisdiction of those
agencies. These agencies include the U.S. Coast Guard, the Department of
Transportation's (DOT) Office of Pipeline Safety, and EPA.
A 1971 Memorandum of Understanding (MOU) between EPA and the DOT
defines which types of activities are regulated by each agency. You can find
the definitions from this MOU in Appendix A to 40 CFR part 112.
According to the MOU, the DOT regulates transportation-related
activities, while EPA regulates non-transportation-related activities. The
activities at many facilities may be entirely non-transportation-related, and
therefore only regulated by EPA. A facility with both transportation-related
S1PCC, Compliance Assistance (juifle
V?
-------
cs
1
55
5,
at
You can meet tfie requirement under 40
CFR 112.21 to develop and implement a
program of response drills and exercises,
including evaluation procedures, by
implementing a program modeled after the
National Preparedness for Response
Exercise Program (PREP).
The PREP guidelines booklet and the
Training Reference for Oil Spill Response
are available at no charge. To obtain a
copy:
Download it from USCG's website at:
www, uscg, mit/hq/g-m/nmc/response
tfPREP
Mail or fax a request, including the
publication number, to:
TASC Department Warehouse
3341 Q 79" Avenue
Landover, MD 20785
301-386-5394 (fax)
and non-transportation-related activities is regulated by both agencies, and
as such, it is a complex and must comply with all the regulatory
requirements of both agencies. For example, a complex may have a
transportation-related transfer area regulated by the U.S. Coast Guard
(USCG) or a pipeline regulated by the Office of Pipeline Safety under DOT
and a non-transportation-related oil storage area regulated by EPA. The
owner or operator must compare calculated discharge volumes for the two
agencies and plan for whichever quantity is greater. Figure 2 shows which
types of activities are regulated by each agency.
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 removal actions;
* Facility name, type, location, owner, and operator information;
Emergency notification, equipment, personnel, evidence that equipment
and personnel are available (by contract or other approved means), and
evacuation information;
Identification and evaluation of potential discharge hazards and previous
discharges;
Identification of small, medium, and worst case discharge scenarios and
response actions;
Description of discharge detection procedures and equipment;
* Detailed implementation plans for containment and disposal;
Facility and response self-inspection; training, exercises, and drills; and
meeting logs;
* Diagrams of facility and surrounding layout, topography, evacuation
paths, and drainage flow paths; and
Security measures, including fences, lighting alarms, guards, emergency
cutoff valves, and locks; and
Response Plan cover sheet (form with basic information concerning the
facility).
-------
Your FRP must comply with 40 CFR part 112 and any amendments. You
must review relevant portions of the National Contingency Plan and
applicable ACP annually and, if necessary, revise the FRP to ensure
consistency with these plans. You must review and update the FRP
periodically to reflect changes at the facility. (Please see 40 CFR
112.20(g)(l), (2), and (3) for more information.) You must submit the
revised portions of the response plan within 60 days of each change that
may materially affect the response to a worst case discharge. These
changes include:
A change in the facility's configuration that materially alters information
in the response plan;
A change in the type of oil handled, stored, or transferred;
A material change in capabilities of any oil spill removal organization
that provides equipment and personnel to respond to oil discharges from
the facility; or
A material change in the facility's discharge prevention and response
equipment or emergency response procedures.
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 that the response planning requirements under 40 CFR
112.20 are inapplicable to your facility, you must complete and maintain at
the facility the certification form in 40 CFR part 112 Appendix C
Attachment C-II.
S1PCC, Compliance Assistance (juifle
V?
-------
CS
1
55
5,
at
On June 30, 2000, EPA published revisions to the FRP rule that modify the response planning
requirements for facilities that store, handle, or transport animal fats or vegetable oils (please see http://
www.epa.gov/0ilspill/64fr.htm). The FRP regulation remains the same for facilities with petroleum oil or
non-petroleum oil other than animal fats and vegetable oils. This appendix summarizes the revised
requirements. In addition, this appendix provides a brief description of the properties of animal fats and
vegetable oils versus those of other types of oil.
Table 1 compares the requirements in the 1994 and 2000 rules for FRP-regulated facilities that store,
handle, or transport animal fats or vegetable oils. Some of the major changes involve the following topics:
Response Planning Scenarios. New sections have been added (sections 8.0, 9.0, and 10.0 in Appendix
E) to address planning scenarios for facilities with animal fats and vegetable oils. EPA retained the
requirement to plan for three specific scenarios for oil discharges: small (2,100 gallons or less), medium
(between 2,100 and 36,000 gallons, or 10 percent of the worst case discharge, whichever is less), and
worst case. The definition of worst case discharge has not changed since the rule was first published in
1994. Facilities must make a series of calculations based on secondary containment and other factors.
Discharges of volumes of animal fats and vegetable oils of various sizes may pose a serious threat to
navigable waters or adjoining shorelines, especially from the cumulative effects of several discharges, and
can cause other adverse effects. Under the both the 1994 rule and the 2000 revisions, a smaller facility
may only need to plan for two scenarios or a single scenario if its worst case discharge falls within one of
the specified ranges for small or medium discharges. Furthermore, case-by-case deviations may be
allowed if they afford equal environmental protection.
Calculating Response Planning Volumes and Planning Response Resources. The primary changes to
FRP requirements for animal fat and vegetable oil facilities involve the addition of Section 10.0 and Tables
6 and 7 to Appendix E. These additions constitute a new methodology based on recent scientific studies.
Section 10.0 describes the approach for calculating planning volumes for a worst case discharge of animal
fats and vegetable oils. Table 6 describes removal capacity planning for the percentage of oil in the water
and onshore during a given timeframe. Table 7 provides emulsification factors for groups of animal fats
and vegetable oils.
Revising the Facility Response Plan. The 2000 modified rule adds a new paragraph (§ 112.20(a)(4))
describing response plan requirements for animal fat and vegetable oil facilities that specifies the
requirements for revising and resubmitting the revised portion of a response plan.
Definitions. The 2000 modified rule adds definitions for classes of oils and new oil groups.
Miscellaneous. The 2000 modified rule eliminates the terms "non-persistent" and "persistent" as they
apply to animal fats and vegetable oils.
-------
If you are an owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils
with an approved plan, you are not required to revise your plan. However, it may be beneficial to perform
a recalculation using the new methodology, because the recalculation may reduce the planned response
resources required. If you plan for fewer response resources, you must revise your FRP and submit it to
the RA.
If your FRP has been submitted but has not been approved, you must review the FRP to determine if it
meets or exceeds the requirements of the modified rule. If the FRP meets or exceeds the applicable
provisions, you are not required to revise the plan, but if the FRP does not meet or exceed the applicable
provisions, you must prepare and submit a new plan.
The June 2000 Facility Response Plan rule revisions do not affect previous requirements for the spill
prevention (SPCC Plans) portion of the rule.
EPA has found that petroleum oils and animal fats and vegetable oils share common properties and
produce similar harmful environmental effects. EPA also found some differences between petroleum oils
and animal fats and vegetable oils. For example, unlike some petroleum oils, most animal fats and
vegetable oils do not evaporate significantly and usually do not present a fire hazard unless other
chemicals or ignition sources are present.
Nearly all of the most devastating environmental effects from oil spillssuch as smothering offish or
coating of birds and mammals and their food with oilare physical effects related to the physical
properties of oils and their physical interactions with living systems. While the physical properties of
animal fats and vegetable oils are highly variable, most fall within a range that is similar to the physical
parameters for petroleum oils. Common properties, such as solubility, specific gravity, and viscosity, are
responsible for the similar environmental effects of petroleum and animal fats and vegetable oils.
For further details about the properties of various types of oil, please refer to EPA's Federal Register notice
describing the results of various studies related to this issue and responding to commenters requesting
revisions to the FRP rule for facilities with animal fats or vegetable oils (62 FR 54508-54543, October 20,
1997).
S1PCC, Compliance Assistance (juifle
V?
-------
cs
1
55
5,
at
Requirement
Response Planning
Scenarios
Calculating the Worst
Case Discharge
Calculating
Response Resources
for a Worst Case
Discharge
Calculating planned
discharge volumes
for different groups of
oils
1994 Rule
All facility owners or operators must plan for
three specific scenarios for oil discharges:
Sma II (2,100 gallons or less)
Medium (between 2,100 and 36,000 gallons)
or 10 percent of the worst case discharge,
whichever is less); and
Worst case
2000 Rule
Animal fat and vegetable oil facilities have separate
regulatory sections which require the facilities to plan for
the same three response planning scenarios (small,
medium, and worst case discharge). The requirements
for other types of facilities did not change.
Note that facilities may plan for one or two scenarios if the worst case discharge falls
within one of specified ranges for small or medium discharges.
Facility owners or operators must determine the
worst case discharge based on the formulas
provided in Appendix D to part 112.
All non-petroleum oil facility owners and
operators have broad and flexible requirements
for calculating response resources. They do not
have to use emulsification or evaporation factors
in Appendix E.
All oils are divided into "persistent" and "non-
persistent" oils, and then subdivided into groups
based on specific gravity.
The modifications to the rule do not affect this requirement.
All facilities with non-petroleum oils other than animal fats
and vegetable oils have the same requirements for
calculating response resources as they did in the original
rule.
Section 10 of Appendix E provides an approach for
calculating planning volumes for a worst case discharge
of animal fats or vegetable oils.
Facility owners or operators may use a worksheet to
plan the amount of response resources required. The
worksheet uses an approach that is similar to planning
for petroleum facilities, except the factors used are
more appropriate for animal fats and vegetable oils. For
example, certain oil types and facility locations may
have different calculations for the percentage of
removable oil and for emulsification factors.
The rule retains the flexibility for an owner or operator
to use an alternative methodology or approach as long
as equivalent environmental protection is provided.
Petroleum oils, and non-petroleum oils other than animal
fats and vegetable oils, continue to be categorized in the
same way.
The terms "non-persistent" and "persistent" no longerapply
to animal fats and vegetable oils, because these oils may
degrade rapidly or remain in the environment for years,
depending on environmental conditions and other factors.
Animal fats and vegetable oils are classified into new
groups of oils termed Group A, B, and C, based on specific
gravity.
-------
Requirement
Planning Response
Resources
Calculation of
removable oil
percentage
Calculation of
emulsifi cation
Revising the Facility
Response Plan
Definitions
1994 Rule
Facility owners and operators must meet a
series of requirements including determining
daily recovery capacity, temporary storage
availability, and identification of resources
other than oil spill recovery devices, such as
boom.
Section 7.7 (sections 7.7.1-7.7.5) of Appendix
E outlines the appropriate response plan
development and evaluation criteria for
facilities that handle, store, or transport non-
petroleum oils.
Non-petroleum oil facility owners or operators
use Section 7.7 (sections 7.7.1-7.7.5) of
Appendix E to determine appropriate response
plan development and evaluation criteria for
non-petroleum oils. No specific emulsification
factors are required.
According to §112.20(d), an owner or operator
of a facility subject to the Facility Response
Plan rule is required to revise and resubmit
the revised portion of the response plan within
60 days of a facility change that materially may
affect the response to a worst case discharge.
Definitions for several pertinent terms are
found in the §112.2 and the Appendices to part
112.
S1PCC, Compliance Assistance (juifle
2000 Rule
The rule provides animal fat and vegetable oil facilities
with new methodology for planning response resources
for worst case discharges. The methodology is similar to
that in the original rule for petroleum oils, but the factors in
the tables are more appropriate for estimating on-water
and onshore recovery resource needs for animal fats and
vegetable oils. The rule includes worksheets with
examples.
Facility owners and operators handling, storing, or
transporting non-petroleum oils other than animal fats and
vegetable oils continue to follow the same requirements.
Animal fat and vegetable oil facilities have a new table for
oil recovery rates. (See Table 6 to Appendix E: Removal
Capacity Planning Table for Animal Fats and Vegetable
Oils.)
Facility owners or operators handling, storing, or
transporting non-petroleum oils other than animal fats and
vegetable oils continue to follow the same requirements.
Owners or operators of animal fat and vegetable oil facilities
have a new table for emulsification of animal fats and
vegetable oils. (See Table 7 to Appendix E for
Emulsification Factors for Animal Fats and Vegetable Oils.)
A facility owner or operator continues to be required to
revise the FRP after making material changes.
Under §112.20(a)(4)(i), the owner or operator of an animal
or vegetable oil facility with an approved Facility Response
Plan would not need to prepare or submit a revised plan,
except as otherwise required by paragraphs (b),(c), and
(d) of §112.20.
The modified rule provides definitions for animal fat,
vegetable oil, petroleum oil, and non-petroleum oil in
§112.2.
V?
-------
For more information on the material in this
guide, please contact EPA through its
headquarters in Washington, DC or
through one of its ten Regional offices.
The following list contains the phone
numbers and addresses to use when
contacting EPA regarding this guide.
EPM
Mailing Address:
U.S. EPA Headquarters
Director, Oil Program (52Q3G)
Ariel Rios Building
1200 Pennsylvania Avenue
Washington, DC 20460
703-603-8760
Web Site: www.epa.gov/oilspiil
E-mail Inquiries:
epacallcenterQbah. com
Telephone:
EPA Oil Program Call Center:
800-424-9346
National Response Center:
1-800-424-8802
Region 1CT, ME, MA, NH, RI, VT
SPCC/FRP Coordinator
U.S. EPA Region I (HER)
One Congress Street, Suite 1100
Boston, MA 02114-2023
617-918-1260
Region 2NJ, NY, PR, USVI
SPCC/FRP Coordinator
U.S. EPA Region II (MS211)
2890 Woodbridge Avenue
Building 209
Edison, NJ 08837-3679
732-321-6654
Region 3DE, DC, MD, PA, VA, WV
FRP Coordinator
U.S. EPA Region III (3HS32)
1650 Arch Street
Philadelphia, PA 19103-2029
215-814-3277
Region 4AL, FL, GA, KY, MS,
NC, SC, TN,
SPCC/FRP Coordinator
U.S. EPA Region IV
6 IForsyth Street
Atlanta, GA 30365-3415
404-562-8761
Region 5IL, IN, MI, MN, OH, WI
Oil Program Section Chief
U.S. EPA Region V(SE5J)
77 West Jackson Boulevard
Chicago, IL 60604-3590
312-353-8200
Region 6AR, LA, NM, OK, TX
SPCC/FRP Coordinator
U.S. EPA Region VI (6SF-RO)
1445 Ross Avenue
Dallas, TX 75202-2733
214-665-6489
Region 7IA, KS, MO, NE
Oil/SPCC Coordinator
U.S. EPA Region VII (SUPRER+R)
901 North 5th Street
Kansas City, KS 66101
913-551-7050
Region 8CO, MT, ND, SD, UT,
WY
Oil Program Coordinator
U.S. EPA Region VIII (8EPR-SA)
999 18th Street, Suite 500
Denver, CO 80202-2466
303-312-6839
Region 9AZ, CA, HI, NV, AS, GU
Oil Team/SPCC Coordinator
U.S. EPA Region IX (SFD1-4)
75 Hawthorne Street
San Francisco, CA 94105
415-972-3075
Region 10AK, ID, OR, WA
SPCC/FRP Coordinator
U.S. EPA Region X (ECL-116)
1200 6th Avenue
Seattle, WA 98101
206-553-1671
Alaska SPCC/FRP Coordinator
U.S. EPA Alaska Operations Office
222 West 7th Avenue, #19
Anchorage, AK 99513-7588
907-271-5083
United States
Environmental Protection
Agency
Office of Emergency
And Remedial
Response
EPA 540-K-02-003d
OSWER 9360.8-46d
August 2002
Oil Program Center
------- |