Post Workshop Q&A: What is a reportable spill in an EPA FRP?
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
(This article was written without AI tools, i.e., ChatGPT.)
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As mentioned last week, the next set of articles will be devoted to questions asked during our 8th annual compliance workshop.
I particularly like today’s question, as we get it often: What is a reportable spill in an Environmental Protection Agency (EPA) Facility Response Plan (FRP)?
Why is this question important? First, in the FRP rule, there is a requirement to document a facility’s reportable spill history for the life of the facility. Secondly, not every spill that happens is reportable under this program.
“This program” is the most essential part of today’s discussion. States, local governments, and other federal programs have various reporting requirements. However, these can differ from what is required under the EPA’s FRP rule. Only those under the FRP rule must be captured in your FRP.
What does the rule say?
Briefly describe the facility's reportable oil spill[3]?? history for the entire life of the facility to the extent that such information is reasonably identifiable, including:
(1) Date of discharge(s);
(2) List of discharge causes;
(3) Material(s) discharged;
(4) Amount discharged in gallons;
(5) Amount of discharge that reached navigable waters, if applicable;
(6) Effectiveness and capacity of secondary containment;
(7) Clean-up actions taken;
(8) Steps taken to reduce possibility of recurrence;
(9) Total oil storage capacity of the tank(s) or impoundment(s) from which the material discharged;
(10) Enforcement actions;
(11) Effectiveness of monitoring equipment; and
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(12) Description(s) of how each oil discharge was detected.
The information solicited in this section may be similar to requirements in 40 CFR 112.4(a). Any duplicate information required by § 112.4(a) may be photocopied and inserted.
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More importantly, what does the rule call a reportable spill?
[3] As described in 40 CFR part 110, reportable oil spills are those that: (a) violate applicable water quality standards, or (b) cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
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As an example, if you have an oil spill in your containment, or one that leaves the fence line but does not impact water, or only impacts a small drainage ditch, it does not need to be captured in your FRP. However, other agencies may require you to report it.
Spills that impact waters as noted above under (b), or violate an applicable water standard are reportable under the FRP rule, thus must be recorded in your FRP. Applicable water quality standards mean State water quality standards adopted by the State pursuant to section 303 of the Act (aka Clean Water Act/CWA) or promulgated by EPA pursuant to that section. Many operators, especially those in downstream, tend to put everything and anything that releases in their FRP. It’s okay to do that, but you are only required to report the incidents mentioned above.
What quantity of oil must be reported? Essentially, any regulated spill that causes a sheen. That’s why it is commonly called the “Sheen Rule.”
Qualifying reportable spills must be kept on file for the facility's life. This also means records from previous ownership if you have acquired the facility from another company. This may not always be possible, and the EPA recognizes this. However, you must make every attempt to obtain prior owner records, and document that effort in your plan accordingly. Requesting these records should be part of the initial due diligence while acquiring a new facility. Make sure not to overlook this.
Do these records have to be kept in the plan? No, but it is recommended. If you don’t keep them in the plan, you must ensure your FRP clearly states where they are located to ensure they are easily obtained if you are physically audited. When submitting your FRP, print and include a copy of your spill history in the electronic submission.
Understandably, this is not entirely cut and dry due to reportable spill definition (a) from above, so don't hesitate to contact me if you have questions or concerns.
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For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification of additional unclear elements within the above rules, and more.
We are here to help solve your compliance questions and challenges. If you need compliance assistance or have questions, please email John K. Carroll III ([email protected]), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
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