Facilities that store 1 million gallons or more of oil have at least one thing in common: they all must consider whether they need to develop a Facility Response Plan, or FRP. Outlined in 40 CFR Part 112.20, compliance is an essential requirement to ensure oil pollution prevention. These oils can consist of a variety of petroleum and non-petroleum products, and should a facility experience a catastrophic release, the potential impact on the environment and other sensitive resources could be devastating.
Developing a strong facility response plan begins with recognizing when your company needs one and following the right steps to create it.
What is a Facility Response Plan?
A facility response plan is an emergency plan that outlines how a company will respond to spills of oils or hazardous substances that could pose a threat to human health, the environment, or property. It is meant to demonstrate that, should the worst-case scenario spill occur, a facility has the means to quickly and effectively clean up spills. It is both an emergency operational guide as well as a regulatory requirement, depending on the business.
There are a few key elements that every FRP should include to be both effective and compliant. First, there needs to be a clear step-by-step plan on how a facility will respond to hazardous spills. Details should be precise and clear enough so that anyone can pick up the facility response plan and know exactly what to do before, during, and after a spill.
In addition, details should highlight the resources needed to carry out the facility response plan. Tools, equipment, and protective gear should be outlined so that a company can acquire the materials and have them available at a moment's notice. Resources also include response organizations that may need to be contracted for assistance in case of a spill.
Communication structures are also an essential part of FRPs. Clear directions on who to contact when a spill occurs, how to report incidents to authorities, and how communications should be conducted between internal staff and external partners are essential to managing these crises effectively.
Finally, your FPR is required to include a training and drill protocol. Training instructions are there to inform staff of their responsibilities and to enable facilities to conduct mandatory drills. By employing these exercises, facilities can operate with precision should a spill occur.
Who Needs a Facility Response Plan?
Just because a facility stores more than 1 million gallons of oil, it does not necessarily mean that it needs a facility response plan. Regulations include a reasonable exception to the FRP requirements: If it can be shown that no sensitive environmental, cultural, or human health resources would be impacted by a spill, then an FRP is not needed.
If you are unsure whether you need a facility response plan, go through the following questions. Facilities that can answer “no” to the following three questions most likely do not need an FRP.
- Is the facility located at a distance such that a discharge from the facility could cause injury to fish, wildlife, and sensitive environments?
- Is the facility located at a distance such that a discharge from the facility would shut down a public drinking water intake?
- Has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last five years?
Other Potential Requirements
For companies that do not need a facility response plan but have more than 1,320 gallons of oil in storage, there may be other required measures to assist in managing storage in an environmentally conscientious manner.
Spill Prevention, Control, and Countermeasure (SPCC) Plans: Most oil storage facilities fall under SPCC requirements, which focus on preventing spills before they happen, highlighting proper storage, containment, and inspection protocols.
Integrated Contingency Plans (ICP): Also known as a One Plan, an ICP integrates multiple emergency response plans. SPCC, OSHA regulations, and FRP standards can be combined to eliminate redundancies and simplify employee training.
Industry-Specific Emergency Plans: Industries like refineries or chemical plants have emergency protocols laid out by regulatory bodies, such as OSHA, or other rules within the EPA. Similar to an FRP, they are tailored to those specific industries.
Facility Response Plan Best Practices
As a company develops its own facility response plan, there are certain best practices to keep in mind. While this list is not exhaustive, here are five of the top items to remember when drafting and implementing an FRP:
Align with national and regional plans. All FRP guidelines should be consistent with the National Contingency Plan and relevant Area Contingency Plans. Any procedures that diverge from these plans must be reevaluated.
Include site-specific visuals. This is not a time for templates. FRPs should include maps and diagrams that reflect the layout of your facility. The more tailored to your facility, the better.
Have regular training and drills. It isn’t enough to read through the document. Facilities should have annual drills and scenario walk-throughs so that if a spill occurs, reactions will be second nature.
Update regularly. A common misconception about facility response plans is that they are fixed documents. On the contrary, they are meant to evolve. As facilities change, regulations are updated, and drills uncover flaws in protocol, your FRP must be updated to reflect those changes. In addition, facilities must submit changes to an EPA regional office for approval.
Keep essential materials stocked. Should a spill occur, facilities won’t have time to go out to grab the materials and resources they need. The FRP outlines what response materials should be stocked and stored and replenished when needed.
Communication is key. A facility response plan is a guide, but humans are the ones who will carry it out. Clear communication between departments, staff, and partners before, during, and after a spill will result in more positive outcomes.
Plan Today for a Better Tomorrow
A thoughtful facility response plan helps ensure your employees, operations, and environment are protected, long before an incident occurs. With an FRP, you are proactively planning for compliance and operational resilience. Get started today and talk with one of our EHS auditing and compliance experts who can guide you toward facility response plan success.
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