Understanding Facility Response Plan (FRP): Do You Need One?

Key Takeaways

A Facility Response Plan (FRP) is a legally required document for certain facilities, detailing how to prevent and respond to oil discharges.
Facilities that pose “substantial harm” or “significant and substantial harm” to the environment are required to have an FRP.
The final FRP rule requires facilities to plan for worst-case hazardous substance discharges, detailing response strategies, resources, and regular plan updates.
FRP focuses on responding to worst-case oil spills, while SPCC emphasizes preventing spills through containment, inspections, and maintenance practices.

What Is a Facility Response Plan (FRP)?

A Facility Response Plan (FRP) is a comprehensive strategy mandated by the U.S. Environmental Protection Agency (EPA) for certain facilities that store and use oil. Its primary purpose is to prepare these facilities to effectively respond to oil discharges, particularly worst-case scenarios, thereby protecting public health and the environment.

Key Objectives of an FRP:

Response Organization Development: An FRP assists facility owners or operators establish a structured response organization. This includes designating trained personnel and ensuring the availability of necessary equipment to address potential oil discharges.
Timely Resource Availability: The plan demonstrates that response resources can be mobilized promptly, reducing the impact and severity of a discharge.
Risk Identification and Prevention: By identifying potential risks and hazards associated with oil storage and handling, an FRP aids in enhancing discharge prevention measures at the facility.

I recall a major incident that occurred before the FRP rule was introduced. At that time, the oil industry relied on regulations that often failed to deliver effective responses. This weakness became glaringly evident during the 1989 Exxon Valdez disaster, which spilled 11 million gallons of crude oil into Alaska’s Prince William Sound.

Promised cleanup efforts were absent hours after the spill, exposing critical gaps in preparedness and response. That disaster became a turning point, driving the oil industry to prioritize readiness and leading to the creation of the FRP, which has since transformed oil spill safety and response standards.

FRP Rule History

The Facility Response Plan Rule stems from the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA) of 1990, a legislative response to the catastrophic Exxon Valdez oil spill in 1989 mentioned earlier. The first version of the FRP rule was rolled out in July 1994, requiring specific facilities that stored or used oil in significant quantities to create and submit detailed response plans. The goal was simple: show preparedness for worst-case oil discharge scenarios.

A few months later, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) was updated. This plan had been around since the 1960s, but after the Oil Pollution Act of 1990, it needed adjustments. The revisions focused on aligning the NCP with new statutory authorities for handling oil and environmentally hazardous substance spills more effectively.

Over the years, the rule has undergone revisions to adapt to emerging challenges and ensure comprehensive preparedness. For one, there was a push to treat facilities handling animal fats and vegetable oils differently from those handling petroleum-based oils in the late ‘90s. The EPA evaluated the request but found no solid reasoning to make those exceptions. Personally, I believe this decision highlighted a broader understanding: oil spills, whether vegetable or petroleum, can have devastating environmental consequences and require equal preparedness.

Fast forward a few years, and the EPA revisited the topic of animal fats and vegetable oils. This time, they took a more nuanced approach, introducing specific methods for calculating planning volumes for worst-case spills. The revision included separate regulatory sections for these substances, added new definitions, and established new oil groups based on specific gravity. It was a step toward more tailored planning while keeping the broader framework intact.

2024 Update: What Is the Final Rule of FRP?

The FRP rule has been updated to strengthen environmental protections and response preparedness. On March 14, 2024, the EPA finalized a rule requiring specific facilities to develop and maintain response plans for worst-case discharges of hazardous substances under the CWA. This update outlines clear expectations for facilities meeting defined criteria. These facilities are required to:

Develop an FRP for a worst-case discharge of hazardous substances
Identify and ensure the availability of private personnel and equipment to respond to a worst-case discharge
Describe training, equipment testing, drills, and response actions
Review and update the FRP periodically
Determine the aggregated maximum quantity of hazardous substances on-site at any point in time
Include hazardous substances present in mixtures

The rule applies to onshore, non-transportation-related facilities, such as the one shown in the image above. These facilities have the potential to cause substantial harm to the environment by discharging hazardous substances into or on navigable waters, adjoining shorelines, or the exclusive economic zone. Facilities subject to this rule are required to prepare and submit FRPs to the EPA, detailing their strategies for responding to worst-case discharges or threats of such discharges.

The final rule became effective on May 28, 2024. Facilities meeting the applicability criteria are required to submit their response plans to the EPA within 36 months of the rule’s effective date, ensuring preparedness for potential environmentally hazardous substance discharges.

Who Needs a Facility Response Plan?

The Environmental Protection Agency mandates FRPs for facilities that pose a significant risk of oil or hazardous material spills that could harm navigable waters, shorelines, or adjoining ecosystems. Here’s a closer look at the two main categories:

Substantial Harm Facilities

Facilities in this category are considered to have the potential to cause significant damage in the event of a spill. Several factors determine this designation:

Oil Transfer Over Water: The facility has a total oil storage capacity of 42,000 gallons or more and transfers oil over water to or from vessels.
Storage Capacity: Facilities with the capacity to store more than 1 million gallons of oil or other hazardous materials and meet one or more of these conditions:

Insufficient Secondary Containment: Lacks adequate secondary containment for each aboveground storage area.
Proximity to Sensitive Environments: Located such that a discharge could harm fish, wildlife, or sensitive environments.
Threat to Public Water Systems: Situated where a discharge could shut down a public drinking water intake.
Spill History: Has experienced a reportable discharge of 10,000 gallons or more within the past five years.

Facilities meeting these criteria must prepare and submit an FRP to the appropriate EPA Regional Office.

Significant and Substantial Harm Facilities

Some facilities initially categorized as posing substantial harm might also qualify as significant and substantial harm facilities based on factors such as:

Tank age and condition as older or poorly maintained tanks may present higher risks.
The nature and frequency of oil transfer operations.
The total volume of oil stored on-site.
Absence of adequate spill containment measures.
Proximity to fish, wildlife, sensitive environments, or drinking water intakes.
Frequency and severity of past discharges.
Other information, including potential effects on local public health.

Once your FRP is prepared and submitted, the Regional Administrator (RA) may assess your facility’s risks and decide if it has the potential for greater environmental impact. If deemed significant and substantial harm, your FRP must undergo a formal review and receive approval from the RA as required under the OPA. For detailed information and guidance, refer to the EPA's official page on Facility Response Plan (FRP) Applicability.

What Is the Difference Between FRP and SPCC?

The Facility Response Plan (FRP) and the Spill Prevention, Control, and Countermeasure (SPCC) Plan are both essential components of oil spill management under U.S. regulations. However, they serve distinct purposes and apply to different aspects of spill prevention and response.

Facilities subject to both requirements benefit from integrating these plans to create a comprehensive spill prevention and response framework, reducing risks to the environment and ensuring compliance with regulations.

Aspect	FRP (Facility Response Plan)	SPCC (Spill Prevention, Control, and Countermeasure Plan)
Purpose	Focuses on responding to oil spills, especially worst-case scenarios.	Focuses on preventing oil spills through proactive measures.
Applicability	Facilities storing large oil quantities (e.g., >1M gallons) or posing high environmental risks.	Facilities with aggregate aboveground oil storage >1,320 gallons or underground storage >42,000 gallons.
Scope	Emergency response planning, including strategies, resources, and drills.	Preventive measures like secondary containment, inspections, and maintenance.
Submission/Approval	Must be submitted to EPA; approval is required for significant and substantial harm facilities.	Typically self-certified; larger facilities may need PE certification.
Focus Areas	Response strategies, coordination, communication, training, and equipment readiness.	Spill prevention, secondary containment, routine inspections, and safe storage practices.
Integration	Addresses spill response when preventive measures fail.	Works to prevent spills, complementing FRP for comprehensive coverage.

Key Elements of a Facility Response Plan (FRP)

Creating a Facility Response Plan requires a clear understanding of its core elements:

Risk Assessment

Before you can respond to an oil spill, you need to understand the risks. A risk assessment for an oil terminal industrial facility like the one shown above involves identifying and evaluating potential hazards based on the types of substances being handled, storage capacities, and proximity to sensitive environments like waterways or wetlands.

Hazard Identification: This includes a detailed inventory of oil and hazardous materials on-site, their quantities, and how they’re stored.
Vulnerability Analysis: Are there nearby ecosystems, public water sources, or residential areas that could be affected by a spill? This analysis lays the groundwork for prioritizing your response actions.

A common deficiency in Facility Response Plans is the failure to thoroughly evaluate potential spill scenarios, including analyzing past spill history and assessing the likelihood of future incidents. This gap can leave facilities unprepared for risks specific to their site, increasing the chances of an ineffective response during emergencies.

Response Strategies

This section transitions the plan from theory to action by outlining procedures for containing and cleaning up spills:

Containment Measures: Specify how spills will be stopped from spreading, including the use of berms, booms, or containment dikes.
Cleanup Methods: Include the specific techniques and equipment necessary for recovering and disposing of spilled substances. Spills involving substances with the marine pollutant mark require specific response measures to minimize damage to aquatic environments.
Scenario Planning: Address a spectrum of incidents, from minor spills to worst-case discharges.

A major gap often found in response strategies is the lack of detailed implementation guidelines. This includes insufficiently outlined strategies for containing spills and managing drainage systems. Additionally, the absence of clear procedures for disposing of recovered materials can cause delays in cleanup efforts, further complicating the response process.

Resource Requirements

Without the right tools and people, even the best strategies won’t work. This section lists all personnel, equipment, and contracts necessary to execute the plan.

Personnel: Assign clear roles and responsibilities to internal and external teams.
Equipment: Maintain an up-to-date inventory of spill kits, containment tools, and heavy machinery.
Third-Party Support: Identify and secure agreements with contractors who can assist in spill response.

Incomplete or outdated equipment inventories and a lack of verified access to third-party response resources can significantly hinder the effectiveness of response actions during an emergency. A case study on the Exxon Valdez oil spill highlighted that one of the critical failures in the response was the absence of necessary resources, including booms, skimmers, and trained personnel, which were neither on-site nor prepared for immediate use.

Notification and Communication Protocols

Missing or outdated contact information and vague reporting procedures are common issues in FRPs. Facilities that lack clear protocols risk delays in coordinating with critical responders. This section outlines how to notify internal teams, external agencies, and the public.

Internal Communication: Provide clear guidelines for reporting spills within the organization.
External Reporting: Include contact information for the National Response Center (NRC), local emergency services, and regulatory agencies.
Communication Tools: Specify the use of radios, phones, or digital platforms to maintain consistent updates during a response.

During the Exxon Valdez oil spill response, it was also reported that there was confusion among federal, state, and local agencies about who was in charge of the response. This lack of coordination slowed decision-making and resulted in inefficient use of resources.

Training and Drills

A plan is only as good as the people implementing it. Regular training and drills are essential for keeping your team ready to respond.

Initial and Ongoing Training: Train new employees on the FRP and conduct refreshers for existing staff.
Drills and Simulations: Test the plan through exercises that replicate real-world spill scenarios.
Evaluation and Improvement: Review performance after each drill and update the plan accordingly.

Without these, facilities may not fully understand their plan’s strengths and weaknesses until it’s too late. Common deficiencies in FRP training and drills include the failure to test containment, drainage, and disposal strategies during simulations.

What Are the Three Response Planning Levels a Facility Must Prepare For?

In developing a Facility Response Plan, the Environmental Protection Agency (EPA) requires facilities to prepare for three specific discharge scenarios:

Response Planning Level	Description
Small Discharges	Minor spills that can typically be managed by on-site personnel using readily available equipment. Preparation includes establishing procedures for immediate containment and cleanup.
Medium Discharges	Moderate spills that may require additional resources beyond the facility's immediate capabilities. Planning involves coordinating with local response teams and ensuring access to necessary equipment.
Worst-Case Discharges	Most severe spill scenarios, potentially involving large quantities of oil that could cause significant environmental harm. Facilities must develop comprehensive response strategies, including collaboration with federal and state agencies.

Facility Emergency Response Plan Format

The format of a Facility Emergency Response Plan must be clear, organized, and practical to ensure that it can be followed during emergencies. Based on EPA guidelines and industry best practices, here’s a detailed breakdown of what an effective FRP should include:

Facility Information: Provide detailed information about the facility, including location, operations, and storage capacities.
Emergency Contact Information: Include internal and external contact details for key personnel and agencies to notify during a spill.
Risk Analysis and Potential Scenarios: Assess potential spill scenarios, their impacts, and historical data to inform response planning.
Response Strategies: Outline specific actions for containment, cleanup, and disposal during spill events.
Resource Inventory: List available equipment, personnel, and external resources for effective spill response.
Notification and Reporting Procedures: Define when and how to report spills to internal teams and regulatory agencies.
Training and Drills: Detail programs and schedules to train personnel and test the plan through simulations.
Facility Layout and Diagrams: Provide maps and diagrams showing key areas, equipment, and evacuation routes.
Plan Review and Updates: Establish a process for regularly reviewing and updating the plan to stay current and effective.

The National Response Center spill reporting requirements mandate that any oil spill or environmentally hazardous substance release impacting navigable waters, adjoining shorelines, or public health must be reported immediately. Facilities must provide details such as the type, quantity, and location of the spill, along with actions taken to contain it. This reporting obligation is outlined under the OPA and the CWA, ensuring timely coordination of emergency response efforts.

Facility Response Plan FAQs

How long is a facility response plan valid?

An FRP remains valid as long as it is regularly reviewed and updated to reflect changes in facility operations, risks, or regulatory requirements. Regular updates and audits ensure ongoing compliance.

How often is it regulatory required for the FRP to be reviewed?

The FRP must be reviewed at least annually and updated whenever there are significant changes to facility operations, storage capacities, or applicable regulations.

How do I know if my facility is a significant and substantial harm facility?

Facilities are classified as significant and substantial harm based on factors like storage capacity, spill history, proximity to sensitive environments, and the potential for large-scale environmental damage.

What do I need to do to maintain my facility’s Facility Response Plan?

Maintaining an FRP involves conducting regular reviews, updating it to reflect changes, performing training and drills, and documenting all inspections, audits, and improvements.

How many response planning levels are described in the Facility Response Plan?

The FRP describes three response planning levels: small, medium, and worst-case discharge scenarios, each requiring specific preparedness measures.

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