Who Must Prepare and Submit 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). The Oil Pollution Prevention regulation includes two methods by which a facility may be identified as posing substantial harm:
- Through a self-selection process; or
- By a determination of the EPA Regional Administrator.
The EPA Regional Administrator may consider factors similar to the self-selection criteria, as well as other factors, including:
- Type of transfer operations
- Oil storage capacity
- Lack of secondary containment
- Proximity to fish, wildlife, and sensitive environments or drinking-water intakes
- Spill history
In addition, the EPA Regional Administrator may determine that a facility poses significant and substantial harm.