What is a Mobile Refueler? - SPCC Requirements

Of all the questions and confusion on “what is or isn’t regulated” when it comes to elements within the Spill Prevention, Control, and Countermeasure (SPCC) rule, Mobile Refuelers hit the top of the list. The Environmental Protection Agency (EPA), under the SPCC program section of their website, even has a page discussing this one element all by itself, click here. Copying directly what the EPA displays on their website:

“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 (oil) for transfer into or from:

• an aircraft;
• motor vehicle;
• locomotive;
• vessel;
• ground service equipment; or
• other oil storage container.” 

So, what is all the confusion about? Simply put, containment requirements. Why are containment requirements important? A miss-categorized container could be put in the wrong type of containment, opening one up to possible fines. 

A true Mobile Refueler qualifies for “general secondary containment,” containment that is designed to address the most likely discharge from the container and from oil transfers into or from the Mobile Refueler. If not a Mobile Refuler, and simply a regulated bulk container on the back of a truck, the container requires “sized containment,” containment that can hold 100% of the volume of the tank plus applicable freeboard; to learn more on “sized containment,” click here. This is important, as the exemption from sized containment requirements does not apply to vehicles that are used primarily to store oil in a stationary location, such as tanker trucks used to supplement storage and serving as a fixed tank. An indicator that a vehicle is intended to store oil in a fixed location is that the vehicle is no longer mobile (e.g., it is hard-piped or permanently parked, or that the tank car has been separated from the cab of the truck).  

Note, this discussion is not to be confused with a container used for motive power, which is defined as any onboard bulk storage container used primarily to power the movement of a motor vehicle, such as a vehicle’s or equipment’s fuel tank, or ancillary onboard oil-filled operational equipment, as these are exempt from regulation under the SPCC rule.

What is general secondary containment? General secondary containment is met in several ways, by passive or active measures. Passive measures could be concrete barriers, sumps, or other static permanent controls. Active measure could be oil dry, pads, boom, etc. So, what is meant by “most likely discharge?”  A good rule of thumb to calculate this, is to use the guidance found under 4.7.2 below for transfer areas: Flow Rate x Reaction Time, i.e., [(150 gal/min) x (1 min/60 sec) x (15 sec)] = 37.5 gallons. However, you and your P.E. should discuss what is most appropriate.

The EPA’s 2013 SPCC Guidance for Regional Inspectors document provides detail on this subject. Not wanting to reinvent the wheel entirely, below are summarized clips directly from this document. To read the full text, click the Section 2 or 4 links below.

SPCC Guidance for Regional Inspectors Section 2

SPCC Guidance for Regional Inspectors Section 4

Mobile Refueler Applicability - EPA regulates tank trucks (or Mobile Refuelers) as “mobile/portable containers” under the SPCC rule if they operate exclusively within the confines of a non-transportation-related facility. For example, a tank truck that moves within the confines of a facility and only leaves the facility to obtain more fuel (oil) would be considered to distribute fuel exclusively at one facility. This tank truck would be subject to the SPCC rule if it, or the facility, contained the regulatory threshold amounts (1,320 gallons in containers 55 gallons and larger), and there was a reasonable expectation of discharge to navigable waters or adjoining shorelines. Similarly, a Mobile Refueler that fuels exclusively at one site, such as at an airport or construction site, would be subject to the SPCC rule. However, if the tank truck only distributed fuel to multiple off-site facilities and did not perform fueling activities at the home base, the tank truck would be transportation-related, and regulated by Department of Transportation (DOT).  Additionally, EPA regulates containers which were formerly used for transportation, such as a truck or railroad car, and are now used to store oil (i.e., no longer used for a transportation purpose) as a bulk storage container.

Tank trucks that are used in interstate or intrastate commerce can also be regulated if they are operating in a fixed, non-transportation mode. For example, if a home heating oil truck makes its deliveries, returns to the facility, and parks overnight with a partly filled fuel tank, it is subject to the SPCC rule if it, or the facility, has a capacity above the threshold amounts, see above, and there is a reasonable expectation of discharge to navigable waters or adjoining shorelines. However, if the home heating oil truck’s fuel tank contains no oil when it is parked at the facility, other than any residual oil present in an emptied vehicle, it would be regulated only by DOT.

Common Confusions/Mistakes – NOT Mobile Refuelers

The below require “Sized Containment”:

• Tank on the back of a truck used to collect spent oils from around a plant, and left full when parked until convenient to empty.
• Disconnected tanker (trailer) being used temporarily to supply fuel/oil.
• Oil tanks positioned on trucks/equipment for use in the field, not for refueling purposes.
• In-plant vehicle, i.e., pickup with a portable diesel tank in bed, that has a fuel tank on it used to refuel equipment on site that is parked overnight full. However, if parked empty overnight, exempt from sized containment.

Need some compliance assistance with your SPCC Plan or just have a question? Email John Carroll ([email protected]), Associate Managing Director - Compliance Services at Witt O’Brien’s or reach him by phone at 281-320-9796.

It’s not too late, don't forget to RSVP for our April 5th Compliance Workshop, where this and other SPCC planning topics will be discussed.