Questions about SPCC and Mobile Refuelers Spill Containment

Feb. 17, 2009 - PRLog -- Industry often asks what the SPCC requirements are for mobile refuelers.  Many believe that the most recent amendments to 40 CFR completely exempted mobile refuelers from all SPCC requirements.  This is not true.

It is true that the sized secondary requirements were removed for mobile refuelers.  However, the general regulations in 112.7(c) of 40 CFR still apply to mobile refuelers at SPCC regulated facilities.

A section taken directly from the EPA’s website should help to clarify.  I have reposted it here:
“General secondary containment should be designed to address the most likely discharge from the container and from oil transfers into or from the mobile refueler. The general secondary containment requirements:
• Do not prescribe a size for a secondary containment structure but require that the containment system prevent the spilled oil from escaping the system prior to clean up occurring
• Require appropriate containment and/or diversionary structures or equipment to prevent a discharge to navigable waters or adjoining shorelines
• Allow for the use of certain types of active containment measures that prevent a discharge to navigable waters or adjoining shorelines”

As you will note the property owner is still responsible for containing the spill.  Many see this regulation as nebulous at best and open to wide interpretations.  Conservative facilities are finding that it is easier to proceed forward with sized containment because the EPA also states that refuelers that are unmanned for periods of time would be considered an above ground storage tank (AST).  This statement brings the sized containment regulations back into play.

Why were these amendments proposed?  The answer is simple, the Airport Industry lobbied Congress to get an exemption.  Pressure was applied to the EPA and the sized restriction requiring spill berms ( http://www.basicconcepts.com/products/quickberm.asp ) was removed.  What the industry does not fully realize is that in the event of a spill, the EPA has the authority via the general requirements to fine.  Hence the nebulous nature of the regulations.

The question is as a facility manager do you take a chance and hope against the inevitable or do you consider taking a best management practices approach and protect your site against a catastrophic spill event.  The answer is that it comes down to economics.  It is well documented that an “ounce of prevention is worth a pound of cure…”    As a responsible individual for an area, are you willing to jeapordize your career by cutting a corner.  It simply is not worth the negative impact to not prepare in advance.
In addition to this argument, it is often the case that the mobile refueler is engaged with loading racks.  During this transfer process the sized containment regulations are enforced.  Most sites deem it feasible to design their facility for sized containment at the loading racks and leave their mobile refueler parked in that containment when not in use.  When in use, spill kits are kept handily on board the vehicle as part of an active containment requirement.

If a portable fuel tank is contractor owned, is the land owner responsible for the SPCC plan?

This question is regularly debated and I have even asked an EPA inspector myself. The EPA is not interested in a “wild goose chase,” so even though it may not be completely clear in the written law or if it is it may be obscurely located in 40 CFR, it is ultimately the property owner who bears the responsibility.

The contractor has responsibility for the SPCC plan governing his portable fuel tank when it is parked on his site unrented. The moment that portable tank is brought unto your property, you are responsible for addressing it in your SPCC plan.

The best way to ensure your coverage is to require the contractor to provide full secondary spill containment ( http://www.basicconcepts.com ) while the portable fuel tank or any oil filled equipment is on your site.  A simple paragraph in your plan that states that any contractor coming on site will be required to fully contain their equipment with more than 55 gallons storage capacity with secondary containment should suffice.  Each location is unique, consult a Profession Engineer for exact requirements.

It is the wise thing to do because if a spill does occur, ultimately it will be you that is held responsible. It would also probably be wise to verify that your contractor is bonded and insured against this type of accident.

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