£prlT  FrrE
                       United States
                       Environmental Protection
                       Agency
Office of
Emergency Management
(5104A)
                                                EPA-550-F-06-007
                                                December 2006
                                                www.epa.gov/emergencies
r Car7f:ra[r
Can r
                                                                                     p.n[r
Streamlined Requirements for Mobile Refuelers

In December 2006, EPA amended the SPCC rule to streamline some of the requirements for facilities
with smaller oil storage capacity and specific types of equipment, including those for sized secondary
containment for mobile refuelers. Owners and operators of mobile refuelers at a non-transportation-
related facility will no longer need to provide sized secondary containment systems, which are systems
large enough to contain the capacity of the largest single compartment or container on a mobile refueler
along with enough room to contain precipitation.  Providing sized secondary containment for vehicles
that move frequently within a facility to perform refueling operations can raise safety and security
concerns. However, the SPCC rule's general secondary containment requirements still apply to mobile
refuelers as well as containment requirements associated with oil transfers.
What is a mobile refueler?

A mobile refueler is a bulk storage container
onboard a vehicle or being towed that is
designed or used solely to store and transport
fuel for transfer into or from an aircraft, motor
vehicle, locomotive, vessel, ground service
equipment, or other oil storage container.

Mobile refuelers may be found at the following
non-transportation-related locations: industrial
sites, airports, military bases, construction sites,
chemical complexes,  mining sites, seaport
terminals, and tank truck home bases.

How do the new changes apply to
mobile refuelers?

Mobile refuelers are now exempt from the
following sized secondary containment
provisions that still apply to all other bulk
storage containers and mobile/portable bulk
storage containers:

   •   Sections 112.8(c)(2) and  (11) for
       petroleum oils

   •   Sections 112.12(c)(2) and (11) for
       animal fats and vegetable oils
These provisions previously required sized
secondary containment for mobile refuelers,
such as a dike or catchment basin, of sufficient
size to contain the capacity of the largest
   compartment or container on a mobile refueler
   along with enough room to contain precipitation.
   The exemption does not apply to refuelers used
   primarily for the bulk storage of oil in a fixed
   location in place of stationary containers (e.g., a
   refueler that no longer can move or conduct
   transfers and is left only to serve as a bulk
   storage container).

   What secondary containment
   requirements continue to apply?

   General secondary containment requirements
   in §112.7(c) still apply to mobile refuelers at
   SPCC regulated facilities.

   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
SPCC Rule Amendment Fact Sheet

-------
    •   Allow for the use of certain types of
       active containment measures that
       prevent a discharge to navigable waters
       or adjoining shorelines.

When could active containment
measures be appropriate?

Active containment measures require
deployment or other specific action by the
owner or operator.  For discharges that occur
only during manned activities, such as
transfers, an active measure may be
appropriate, as long as the measure can
contain the volume and rate of oil,  is properly
constructed, and is deployed in a timely
manner.

These active measures could also be applied to
other situations, as deemed appropriate by a
Professional Engineer (or owner/operator of a
qualified facility).

Do sized secondary containment
requirements still apply to other
mobile or portable bulk storage
containers?

Yes. When mobile or portable bulk storage
containers (such as drums, skids, railcars and
totes) are in a stationary, unattended mode and
not under the direct oversight or control of
facility personnel, the sized secondary
requirements apply. When mobile or portable
bulk storage containers (other than mobile
refuelers) are involved in on-site movement,
e.g., being towed by vehicles (including
locomotives) or moved to/from a designated
operational area, then the general secondary
containment requirements apply.
When is a mobile refueler subject to
SPCC requirements?

According to a 1971 Memorandum of
Understanding between the Department of
Transportation (DOT) and the Environmental
Protection Agency, EPA regulates non-
transportation-related facilities and DOT
regulates transportation-related facilities:

    •   Mobile refuelers that operate solely
       within the confines of a non-
       transportation-related facility subject to
       the SPCC rule must comply with the
       general secondary containment
       requirements during all periods of
       operation.

    •   Other mobile refuelers (i.e.,
       transportation-related) involved in a
       transfer operation at an SPCC-
       regulated facility would be subject to the
       loading/unloading rack requirements
       when the transfer occurs at a rack or
       the general secondary containment
       requirements for all other transfers.

For more information on EPA's jurisdiction,
please see Appendix A to 40 CFR part 112.
         For More Information
 Read the SPCC rule amendment
 www.epa.gov/oilspill
 Review the Oil Pollution Prevention regulation
 (40 CFR part 112)
 http://www.gpoaccess.gov/cfr/
 Visit the EPA Office of Emergency
 Management Web site
 www.epa.gov/emergencies
 Call the Superfund, TRI, EPCRA, RMP, and Oil
 Information Center
 (800) 424-9346 or (703) 412-9810
 TDD (800) 553-7672 or (703) 412-3323
 www.epa.gov/superfund/resources/infocenter

   To Report an Oil or Chemical Spill

 Call the National Response Center
 (800) 424-8802 or (202) 267-2675
 TDD (202) 267-4477
SPCC Rule Amendment Fact Sheet

-------