Substantial Harm Facilities

What is a Substantial Harm Facility?

Section 112.20 of the Oil Pollution Prevention regulation (40 CFR 112) (PDF, 90 pps., 1.1 MB) regulation lists specific criteria to help owners and operators to evaluate whether their facilities pose substantial harm. Under the rule, a facility falls under the "substantial harm" category if it meets at least one of the following criteria:

The facility has a total oil storage capacity greater than or equal to 42,000 gallons and performs overwater oil transfers to or from vessels; or
The facility has a total oil storage capacity greater than or equal to one million gallons, and meets one of the following conditions:
	The facility does not have secondary containment for each aboveground storage area; or
	The facility is located such that a discharge could cause "injury" to an environmentally sensitive area; or
	The facility is located such that a discharge would shut down a public drinking water intake; or
	The facility has had, in the past five years, a reportable spill greater than or equal to 10,000 gallons.

The rule provides more detailed information to help owners/operators interpret these criteria to determine whether their facility should be regarded as a substantial harm facility. If the self-selection process does indicate that a facility poses a threat of substantial harm to the environment, the owner/operator is required to prepare and submit a Facility Response Plan to the appropriate EPA Regional Administrator.

Significant & Substantial Harm

Section 112.20 also requires EPA to identify a subset of substantial harm facilities that could cause significant and substantial harm to the environment upon a release of oil. EPA bases its determinations on factors similar to the criteria to determine substantial harm, as well as the age of tanks, proximity to navigable waters, and spill frequency. Facilities are notified in writing of their status as posing significant and substantial harm. Once notified, the facility must submit its Facility Response Plan to EPA for review and approval.

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