Emergency facility planning prepares your team to respond to spill incidents quickly and in compliance with federal environmental regulations. In this guide, we outline the basics of Facility Response Plan development and considerations to discuss with your environmental engineering consultant. The information below is intended as a reference tool, and is not a replacement for the information published by the Environmental Protection Agency (EPA) and other federal regulatory agencies.
What is a Facility Response Plan?
The EPA Facility Response Plan (FRP) rule is authorized under Section 311 of the Clean Water Act, which requires that facilities meet the substantial harm criteria to prepare and implement response plans for worst-case discharges of oil and hazardous substances to navigable waters. The FRP rule was strengthened by the Oil Pollution Act of 1990 and applies to facilities that could cause substantial environmental harm, ensuring preparedness, response capability, and protection of water resources.
You can review the EPA’s applicability to determine whether your facility is subject to the Facility Response Plan requirements. Broadly speaking, any facility with a total oil storage capacity greater than or equal to 1 million gallons will trigger the rule, including oil and oil-containing products. FRPs must be submitted to the EPA for review and approval.
How does a Facility Response Plan relate to Spill Prevention, Control, and Countermeasure (SPCC) Plans?
SPCC plans apply at a lower threshold (currently 1,320 gallons) for containment of oil releases. Facilities that meet FRP criteria will naturally have an SPCC included as part of the FRP. However, the SPCC will typically exist as a standalone document for facilities that do not meet FRP criteria.
It is important to understand that federal regulatory criteria are complex; rules change, sometimes without notice, and multiple factors can trigger the need for an SPCC, an FRP, and/or other plans mandated by the EPA. Carefully review current federal regulations and engage an environmental consultant in your facility planning before determining what is applicable for your facility.
What is the purpose of a Facility Response Plan?
Facility Response Plans exist to ensure that facilities have established procedures, resources, and response strategies necessary to ensure a prompt, effective, and coordinated response to a discharge or threatened discharge of oil and/or hazardous substances into navigable waters or adjoining shorelines. The EPA has a required format that includes the key elements to consider during plan development. For the purpose of this guide, we have grouped the topics into two categories.
Secondary Spill Containment Requirements
Facilities that use or store oil are required to have adequate secondary containment. Secondary containment systems at the facilities must be designed and maintained in accordance with SPCC requirements to prevent releases of oil to the environment. These systems must provide containment of discharged material, allowing time for detection, notification, and implementation of response actions. If you are building a new facility or planning modifications, the secondary containment design should be done by an engineer knowledgeable in SPCC and FRP regulations.
Emergency Spill Recovery Protocols & Training
The plan must outline the steps to take in the event of an oil release, including response and recovery procedures and whether containment and cleanup will be managed in-house or by a professional emergency response contractor. It should also identify all internal and external personnel responsible for carrying out the plan, along with their roles and contact information. Facility maps and evacuation diagrams are essential for establishing procedures and supporting training.
It is required to train employees on the emergency response plan and to conduct drills and exercises based on likely scenarios. Provide Incident Command System (ICS) training for your staff, which is a standardized FEMA-compliant education for small and catastrophic emergency scenarios. The more prepared they are, the more effectively they will follow the protocols in a safe and effective manner.
Developing and implementing a comprehensive and successful Facility Response Plan requires engineering, strategy, and collaboration between your facilities management team and a consultant. Keep in mind that even though FRP is a federal requirement, your Local Emergency Planning Commission (LEPC) might ask to review your plan to see how it fits into local planning operations. We recommend getting involved with these commissions and establishing a good working relationship with local regulatory agents.
Be Prepared for Audits: Don’t Get Caught in Non-Compliance
Facility Response Plans are living, breathing documents that must be updated and resubmitted to the EPA every 5 years for review and approval. If you have facility personnel changes or undergo facility modifications, you will need to update the plan and have it recertified earlier.
As part of regulation enforcement, the EPA typically inspects facilities with FRPs every five years. During the inspection, they will review your plan and interview the people you have identified as the qualified individuals to execute the actions in the event of an emergency. The purpose is to see your worst-case-scenario capabilities in real time, so you want to make sure everyone is prepared. In some cases, EPA representatives will inspect facilities that do not currently have an FRP if they suspect that FRP rules might apply to the facility.
To keep your facility compliant year-round, implement a continuing review of your plan that includes these items:
- Partner with a consultant before you have an emergency. They will audit your current emergency response plan documentation and recommend modifications based on the federal and local rules that apply to your operation.
- Outline a list of action items to be performed quarterly and annually.
- Thoroughly review your substantial harm criteria checklist with your internal team and your consultant.
- Schedule drills and exercises using real-world likely scenarios, and document the training in your FRP and other applicable documents.
- Update training protocols and documentation whenever there are staffing changes or a facility modification.
FRPs for Regulatory Compliance and Risk Management
Emergency response planning for facilities is not only a matter of regulatory compliance, but of environmental protection and workplace safety. Working with a reputable environmental engineering consultant will ensure your facilities management team is well-prepared for likely scenarios, and that you have a trusted liaison in the event of an EPA audit and potential corrective actions.
At Pinnacle Engineering, we act as a full-service environmental compliance partner and regulatory representative. We are U.S. Coast Guard OSRO Classified and provide 24/7 emergency response services with boots-on-the-ground support until your incident is resolved.
Whether you need an emergency planning audit and plan development, engineering services, employee emergency training, or regulatory permitting and representation support, we can help. Schedule a consultation with us today!