Regulatory Spotlights

April 2010: When Spills Happen

As a petroleum marketer or fleet owner, you know that small petroleum spills are going to happen. Someone is going to overfill at the dispenser or get distracted and drive off with the nozzle still in their vehicle. Tank overfills also happen at delivery when USTs or ASTs are being refilled. We’re no stranger to these problems, caused by both human and mechanical error (more often human). So when spills do occur, do your employees know what to do? Have they been trained to handle these situations? Do they know what equipment to use, where this equipment is located, and what specific steps they need to take? Do they know when they are required by law to report incidents to the EPA?

Spill Reporting

The EPA reporting requirement for a fuel spill as stated in the preamble of the rule is 25 gallons, but be sure to also check state and local regulations because different states and localities have different reporting guidelines. Remember too that the severity of a fuel spill is not always measured in gallons. Other factors are at play and must be considered, such as where the spill occurred (flat or sloped ground, cement pad or soil), and the proximity of the spill to water. Spills that threaten water tables are the most severe—and so are the associated fines if not properly addressed, regardless of the amount of fuel released. Any spill over a gallon that is severe in nature because it cannot be immediately contained and could affect the health and safety of employees or the public, requires prompt reporting to local authorities like the fire department. To avoid panicking, it’s a good idea to have procedures in place so employees know exactly what to do in the moment. These should include well-defined steps or checklists based on likely scenarios. For example, if a spill occurs while fuel is being dropped, employees must: 1) hit the emergency shut off valve, 2) begin to contain the spill immediately using a proper spill kit, and 3) promptly contact their maintenance department. If the spill is too large or difficult to contain and threatens the environment, e.g., grass, soil, water ways, storm drains, the employee must contact 911 within 10 minutes of the incident.

Spill Kits

Spill kits are required at fuel stations and terminals in many states. These vary in size from small kits designed to clean up spills less than a few gallons, to larger kits that can effectively address spills of 75 gallons or more. A typical spill kit contains your basic personal protective equipment, such as goggles and gloves, absorbent pads, boom socks (absorbent barrier cushions), and a hazmat-approved container, either a bag or bucket depending on the kit size. Some more advanced kits also contain a neutralizing fluid or granular absorbent substance that can decontaminate spills so they can be disposed of as solid waste rather than as a hazardous liquid. It’s recommended that a service station or fuel terminal have more than one kit on site. “Both a four-gallon and a 30-gallon kit are good to have on hand at most c-store facilities and fleet stops,” says Patrick Ryan, field representative for Titan Management Group. “We also see many sites keep a five-gallon bucket of kitty litter on hand to clean up smaller spills that don’t require use of an expensive spill kit,” he added. Kits and facility-specific advice can be obtained by contacting Patrick directly at pryan@mytitan.net or 404-550-4873.

Spills Other Than Motor Fuels

As an operator of a fuel site or terminal, it’s likely that you have other hazardous materials on premises such as oil, transmission fluid, or paint. It’s important to note that different spill kits are often required for different chemical spills. Using the wrong kit for cleanup means the hazardous liquid will not be absorbed and the problem, and associated liability, still exists. Color coding your spill kits, along with proper employee training, ensures that employees understand which spill kits are used for which spills, where these kits are located, and who is authorized to access and handle these kits.

OSHA Law

OSHA law CFR 1910.120 outlines the requirements for personal protective equipment necessary to address chemical spills, including gasoline. These equipment requirements are met by most commercial spill kits, but additional training requirements are outlined in this law. It’s important to understand that it is the combination of proper training and equipment, not one or the other, that satisfies the laws and liabilities associated with hazardous material spills.

Emergency Plans

In addition to spill kits, some states, like New Jersey, require fuel station owners and operators to have detailed emergency response plans. These plans not only mandate spill kits, they may require possession of designated personal protective equipment, fire extinguishers, first aid kits, traffic cones, and barriers. They also outline the need for employees to be properly trained in emergency response and for companies to clearly post these plans, complete with local emergency contact numbers and reporting procedures, where employees can easily access them.

Summary

As a petroleum marketer, c-store, or fleet operator, you work in an environment where fuel spills are going to happen no matter how careful you are. Most of these incidents are not a big deal so long as proper equipment and protocol for clean up has been considered. Regardless of whether OSHA, EPA or state regulators require it, liabilities are lessoned, employees protected, and emergencies better responded to when you think ahead. A couple hundred bucks and a few hours of training now can save your company many hundreds of thousands later if you’ve planned for your most likely emergency scenarios before they occur.  

For more information on how to stay proactively compliant using our advanced compliance software and services, contact Titan today at (615) 372-6000 or ROI@mytitan.net for a free demo.