FRP Permit Glossary: Key Terms & Definitions for Developers and Consultants

FRP Permit Key Terms & Definitions

Adjoining Shorelines: Areas adjacent to navigable waters that could be impacted by oil spills or discharges. The OPA FRP Permit is required for facilities that could cause substantial harm to adjoining shorelines by discharging oil (33 CFR § 154.1015(a)).

Best Management Practices (BMPs): Practices, procedures, and methods designed to prevent or minimize the risk of oil spills and leaks. FRP Permit conditions typically require the implementation of BMPs (40 C.F.R. § 112).

Clean Water Act (CWA): The primary federal law governing water pollution in the United States. The Oil Pollution Act amended the CWA to establish new requirements for oil spill prevention, response, and liability (33 U.S.C. §1251 et seq.).

Facility Diagram: A detailed visual representation of a facility, including the location of oil storage tanks, transfer areas, and spill response equipment. A facility diagram must be included in the FRP Permit application (33 CFR § 154.1035).

Facility Response Plan (FRP): A comprehensive document that outlines a facility's oil spill prevention, control, and countermeasures, as well as its emergency response procedures and resources. The FRP is the core component of the OPA FRP Permit application (33 CFR § 154.1035).

Maximum Extent Practicable (MEP): A technology-based standard for oil spill prevention and response measures. The OPA FRP Permit requires facilities to implement spill prevention and response measures to the maximum extent practicable (33 CFR § 154.1035).

Navigable Waters: Waters of the United States, including the territorial seas, as defined in the Clean Water Act (33 U.S.C. §1362(7)). The OPA FRP Permit is required for facilities that could cause substantial harm to navigable waters by discharging oil (33 CFR § 154.1015(a)).

Oil Pollution Act of 1990 (OPA): A federal law enacted in response to the Exxon Valdez oil spill, which amended the Clean Water Act and established new requirements for oil spill prevention, response, and liability (33 U.S.C. §2701 et seq.).

Oil Spill Modeling: The process of predicting the potential trajectory, fate, and impact of a worst-case oil discharge. Oil spill modeling must be conducted as part of the FRP Permit application (33 CFR § 154.1035).

Oil Spill Removal Organization (OSRO): An entity that provides personnel and equipment for oil spill response. Contracts or agreements with OSROs must be included in the FRP Permit application (33 CFR § 154.1035).

Onshore Facility: Any facility of any kind located in, on, or under any land within the United States, other than submerged land (33 CFR § 154.1020). Onshore facilities with a total oil storage capacity greater than or equal to 42,000 gallons may require an OPA FRP Permit (33 CFR § 154.1015(b)).

Qualified Individual (QI): A person who has the authority to activate and engage in contracting with oil spill removal organizations and other response-related resources, and act as a liaison with the Federal On-Scene Coordinator. The FRP must identify a qualified individual and alternate (33 CFR § 154.1026).

Spill Prevention, Control, and Countermeasure (SPCC) Plan: A plan required under the Oil Pollution Prevention regulations (40 CFR Part 112) for certain facilities to prevent oil spills into navigable waters and adjoining shorelines. SPCC Plans are separate from, but related to, FRPs.

Substantial Harm Criteria: Criteria used to determine whether a facility could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or adjoining shorelines. Facilities meeting the substantial harm criteria must prepare and submit an FRP (33 CFR § 154.1015).

United States Coast Guard (USCG): The federal agency responsible for administering and enforcing the OPA FRP Permit regulations for marine transportation-related facilities (33 CFR Part 154 Subpart F).

Worst-Case Discharge (WCD): The largest foreseeable discharge of oil, including a discharge from fire or explosion, in adverse weather conditions (33 CFR § 154.1020). The FRP must include a plan for responding to a worst-case discharge of oil (33 CFR § 154.1035).