When Large Oil Storage Facilities in New Jersey Need a Facility Response Plan (FRP) in Addition to an SPCC Plan
Most facilities that store oil need a Spill Prevention, Control, and Countermeasure (SPCC) Plan, which is the federal plan for preventing oil spills and containing them if they happen. A much smaller group also needs a Facility Response Plan (FRP), which goes further and lays out how the facility would respond to a major oil discharge. The short answer for most readers is no, you don't need an FRP, but the federal rule expects you to be able to show why.
This article covers the criteria that trigger an FRP, what an FRP adds on top of an SPCC Plan, and how to document that your facility falls below the line. If you'd like a second opinion on where your facility lands, you can reach out to RMA and we'll walk through it with you.
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TL;DR
A Facility Response Plan is required only for oil facilities that could cause "substantial harm" to the environment. Under the federal rule, that means 42,000 gallons or more of total oil storage with oil transfers over water to or from vessels, or 1,000,000 gallons or more of storage that also meets at least one risk factor, such as missing secondary containment, nearby sensitive areas or drinking water intakes, or a large past spill. Most facilities fall below these lines and don't need an FRP, but you should keep a written determination on file that shows how you reached that conclusion.
What Is a Facility Response Plan and How Is It Different From an SPCC Plan?
An SPCC Plan is about prevention. It covers how oil is stored, how it's contained, how tanks and piping are inspected, and what happens in the first moments after a spill. It's written to 40 CFR Part 112, EPA Region 2 enforces it in New Jersey, and the plan generally stays at your facility. We explain the basics in our guide to SPCC plans in New Jersey.
An FRP is about response at scale. It applies to onshore, non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment if oil reached navigable waters or adjoining shorelines. It's written under the same Part 112 rule, but it gets submitted to EPA, and the Regional Administrator can review it and require changes. Facilities that transfer oil to or from vessels can also fall under Coast Guard requirements, so the layers can stack at a marine terminal. New Jersey's separate DPCC and DCR plans for "major facilities" under N.J.A.C. 7:1E sit alongside these federal plans. They're a different program, and they don't replace an FRP.
What Are the Substantial Harm Criteria That Trigger a Facility Response Plan?
The federal rule at 40 CFR 112.20(f) sets two paths into FRP territory. Both depend on your total oil storage capacity, which is counted by container capacity rather than by what's in the containers on a given day.
| Path |
What Triggers It |
| Transfers over water |
Total oil storage capacity of 42,000 gallons or more, and the facility transfers oil over water to or from vessels. |
| Very large storage with a risk factor |
Total oil storage capacity of 1,000,000 gallons or more, plus at least one of the four factors below. |
The four risk factors for the 1,000,000 gallon path are a lack of secondary containment in each aboveground storage area large enough to hold the largest tank plus freeboard for precipitation, a location where a discharge could injure fish, wildlife, or sensitive environments, a location where a discharge could shut down a public drinking water intake, and a reportable discharge of 10,000 gallons or more within the last five years. The distance calculations for the sensitive area and drinking water factors follow EPA's appendix C formulas or a comparable method. Separately, the EPA Regional Administrator can require a plan from a facility that doesn't meet these criteria, after considering factors such as transfer type, capacity, containment, and spill history. The owner then has six months to submit it. In practice, EPA Region 2 is the office you'd hear from in New Jersey.
What Does a Facility Response Plan Add Beyond an SPCC Plan?
An FRP builds on the SPCC content with planning for a large release. The core additions include a worst-case discharge calculation, planning for smaller discharge scenarios, a designated qualified individual who runs the response, and named response resources. Under 40 CFR 112.20(h), the plan has to address the following.
| FRP Element |
What It Means for the Facility |
| Worst-case discharge |
A calculated planning volume based on EPA's appendix D method, with response planning for it. |
| Smaller planning levels |
Scenarios for a discharge of 2,100 gallons or less, and for a larger one up to 36,000 gallons or 10 percent of the largest tank, whichever is less. |
| Response resources |
Private personnel and equipment, response contracts, notification contacts, and evacuation plans. |
| Hazard evaluation |
Discharge history and potential discharge areas at the facility. |
| Training, drills, and exercises |
A documented program with logs, following EPA's response exercise guidelines. |
The plan also has to be kept current. You revise and resubmit the relevant portions within 60 days of a facility change that may materially affect your response to a worst-case discharge, and EPA reviews plans periodically, at least every five years. The drills and training logs are where FRPs most often fall behind, because the plan looks finished on paper while the program behind it goes quiet. Cost depends on facility size, the number of scenarios, and how much of the response infrastructure already exists, so we don't give a single price here.
How Do You Document That Your Facility Doesn't Need a Facility Response Plan?
Most facilities don't meet either path, and that's a fine place to be. The rule still expects a written determination. Under 40 CFR 112.20(e), a facility that concludes it couldn't reasonably be expected to cause substantial harm completes the certification form in appendix C and keeps it on site. If you use a different formula, you attach documentation showing it's reliable and notify the Regional Administrator in writing. A written determination usually lists your total oil storage capacity, whether you transfer oil over water, and, if you're near the thresholds, how you evaluated containment, distance to sensitive areas and drinking water intakes, and spill history. We generally keep it with the SPCC Plan so an inspector finds it right away.
Treat the determination as something that changes with the facility. A planned expansion that would cross a threshold means submitting an FRP before the changed portion begins operating, and an unplanned change that crosses one gives you six months. That's one more reason to revisit it during your SPCC plan five-year review. Skipping the paperwork is also a violation in its own right, and we cover typical findings in our article on top SPCC plan violations and fines.
How Can RMA Help With Facility Response Plan Determinations?
If you're not sure which side of the line your facility is on, we can review your tank inventory, transfer operations, containment, and spill history and give you a straight answer, then put the determination into your SPCC documentation. If you do land in FRP territory, we'll tell you plainly and help you map out the next steps, including how it fits with any New Jersey DPCC and DCR obligations. And if you're well below the thresholds, we'll say so, and you won't need us for this. Our online environmental training library is a useful companion for the staff side of spill response.
There's no pressure and no obligation. You can call us at 888-RMA-0230 or fill out the form on our website, and we'll start with a few questions about your facility. When you're ready, contact RMA and tell us what you're trying to sort out.
