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What is a significant and substantial harm facility?
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…
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Please clarify whether oxygenates blended into either conventional gasoline or Reformulated Blendstock for Oxygenate Blending (RBOB) downstream of the refinery need to be included in sulfur compliance calculations.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.205(c) provides that a refiner or importer may include oxygenates added downstream from the refinery or import facility if the requirements under § 80.69(a) or § 80.101(d)(4)(ii) of the RFG/CG regulations are met. Therefore, a refiner or…
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PE certification for an FRP if an SPCC impracticability determination is made
If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part…
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In the NPRM, the sulfur standards were expressed without decimal places, but the final rule provides that the standards are expressed with two decimal places (§§ 80.195, 205). Why did EPA include this change?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . EPA included the decimal places to ensure that the sulfur standards are not exceeded by rounding down actual average sulfur levels. We do not believe reporting the average sulfur level to two decimals creates any additional burden as…
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It is our understanding that, if a portion of the gasoline produced by a refinery located within the GPA is sold outside of the United States, that gasoline is not subject to the sulfur standards and it only has to meet the standards of the country to whi
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Gasoline that is exported for sale outside the United States is not subject to the requirements of the gasoline sulfur rule, including gasoline produced by a refiner located within the GPA. See § 80.200(c).
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Under FRP, what is the definition of a qualified individual?
The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR §112.20(h)(i)). What is the definition of a qualified individual? The relevant statute, CWA 311(j)(5)(C)(ii) requires that the plan identify the…
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If a facility is grandfathered, is it also exempt from the requirement that feedstocks must be renewable biomass?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Even if a facility is exempt from the 20% GHG reduction requirement, in order to generate RINs, the facility is still required to use feedstocks that meet the definition of renewable biomass. The definition of renewable fuel in…
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6. Is commingling of different types of ethanol permitted? If so, what systems must be employed?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . With one exception, the RFS program places no restrictions on the mixing of ethanol produced in different facilities, by different feedstocks, or through different processes. Also, RINs assigned to ethanol are fungible, in that a specific assigned RIN…
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FRP Availability
Are Facility Response Plans (FRPs) available to the public? FRPs are submitted to the appropriate EPA Region dependent on the location of the facility. Local Emergency Planning Committees (LEPC) and State Emergency Response Commissions (SERCs) may request a copy of the FRP from an owner or operator. FRPs are generally…
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SPCC Qualified Facilities Substantial Harm Criteria Certification
Are SPCC qualified facilities required to complete and maintain a copy of the Certification of the Applicability of the Substantial Harm Criteria form located in Appendix C of 40 CFR Part 112? Yes, all SPCC regulated facilities, including qualified facilities, that do not meet the criteria of a substantial harm…
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FRP Site Plans with Varying Storage Contents
The Facility Response Plan regulations require subject facilities to prepare and maintain a site plan diagram that includes, among other things, the contents of bulk oil storage tanks, drum oil storage areas, and surface impoundments ( 40 CFR Part 112 Appendix F ). When the contents of these storage units…
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Criteria for significant and substantial harm facility designation
How do I know if my facility is a significant and substantial harm facility? 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…
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How might determining impracticability under §112.7(d) affect a facility's FRP requirements under Part 112 Subpart D?
Pursuant to 40 CFR §112.7(d), if a facility owner or operator finds that secondary containment methods are not practicable, the SPCC Rule allows for alternative modes of protection to prevent and contain oil discharges if additional requirements are met. How might determining impracticability under §112.7(d) affect a facility’s FRP requirements…
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What are the requirements of EPA's Facility Response Plan Rule?
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…
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