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A facility may pose "substantial harm" according to the Facility Response Plan (FRP) rule if it:

1. Has a total oil storage capacity greater than or equal to 42,000 gallons and it transfers oil over water to/from vessels; or
2. Has a total oil storage capacity greater than or equal to one million gallons and meets one of the following conditions:

• Does not have sufficient secondary containment for each aboveground storage area
• Is located at a distance such that a discharge from the facility could cause "injury" to fish, wildlife, and sensitive environments
• Is located at a distance such that a discharge from the facility would shut down a public drinking water intake
• Has had, within the past five years, a reportable discharge greater than or equal to 10,000 gallons

Section 112.20 of the Oil Pollution Prevention regulation (90 pp, 1.2MB, About PDF) provides detailed information on these criteria.

Significant and Substantial Harm

An EPA Regional Administrator determines if a facility could, because of its location, cause significant and substantial harm to the environment by discharging oil into or on the navigable waters and adjoining shorelines. This is determined by factors similar to the substantial harm criteria, as well as the age of tanks, proximity to navigable waters, discharge frequency, or other information. Facilities that pose significant and substantial harm must have their plans reviewed and approved by EPA.