General Industry News

EPA to Continue Requiring FRPs for Oil Storage Facilities

The EPA has asked the OMB to allow the agency to continue to require updated FRPs from facilities that store oil and oil products.

Under section 311(j)(5) of the Clean Water Act, as amended by the Oil Pollution Act of 1990 and in regulation codified at 40 CFR 112.20 and 112.21, the EPA requires that owners or operators of facilities storing oil create and maintain updated Facility Response Plans (FRPs) in order to identify the necessary resources to respond to an oil spill in a timely manner. If effectively implemented, the FRP will reduce the impact and severity of oil spills and may prevent such spills through the identification of potential risks at the facility. Although the owner or operator is the primary data user, the EPA also uses the data in certain situations to ensure that facilities comply with the regulation and to help allocate response resources. State and local governments may use the data, which are not generally available elsewhere and can greatly assist local emergency preparedness planning efforts. The agency reviews all submitted FRPs and must approve the plans for those facilities whose discharges may cause significant and substantial harm to the environment in order to ensure that facilities believed to pose the highest risk have planned for adequate resources and procedures to respond to a spill.

In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), the document announced that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. The request was to renew an existing approved collection of documentation.

The agency estimated that the total cost to industry to comply would be $19,415,628 and would require 462,419 hours to complete. This is an increase of 30,792 hours due to an increase in the number of facilities that must create and maintain an FRP.

Any additional comments must be submitted on or before July 29, 2011.

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