Oil Pollution Prevention; Non-Transportation Related Onshore Facilities

EPA is denying the request submitted by various trade associations to amend the Facility Response Plan (FRP) rule that the Agency promulgated under section 311(j) of the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA) of 1990. These organizations had requested that EPA modify the FRP rule in a number of ways to treat facilities that handle, store, or transport animal fats and vegetable oils in a manner differently from those facilities that store petroleum-based oils. EPA believes that the petition did not substantiate the claimed differences between animal fats and vegetable oils and petroleum oils so as to support a further differentiation between these groups of oils under the FRP rule. Instead, EPA continues to find that a worst case discharge or substantial threat of discharge of animal fats and/or vegetable oils to navigable waters, adjoining shorelines, or the exclusive economic zone could reasonably be expected to cause substantial harm to the environment, including wildlife that may be killed by the discharge of fats or vegetable oils. Moreover, EPA believes that in setting different response strategies for petroleum and non-petroleum oils, (with animal fat and vegetable oils in the latter category), the FRP rule already provides for adequate differentiation in response planning requirements for all covered facilities.