Gas Transport Restrictions Explained
Gasoline transport regulations, including the DOT hazardous materials regulations and TSA requirements for transportation by rail, are among the most complex of the common hazardous material and hazardous substance regulatory schemes. For example, while gasoline is a flammable liquid regulated as a hazardous material, it is also considered a "petroleum product" for purposes of certain direct-to-ground non-transportation regulations (i.e., USTs) that are enforced by USEPA, many state agencies, and platforms such as the SERC state and local emergency response plans that are focused on releases and environmental cleanup. Other regulatory platforms for gasoline include USEPA’s Clean Water Act and other water quality regulations, as well as those enforced by state agencies, USCG , and the US Army Corps of Engineers, for example CERCLA and state cleanup program requirements.
Historically, gasoline has been treated as a liquid under common carrier obligations for decades, though it took substantial time to impose those requirements on the regulated community. Inclusion of obligates for employees to receive training and embark on written HAZWOPER plans falls under OSHA requirements. Also, even though gasoline can be used as both a fuel and a motor fuel, it is considered a pesticide for purposes of pesticide requirements enforced at the state and federal levels. No matter how gasoline is considered for purposes of the regulatory program at issue, there are legal limits on the transportation of gasoline that are intended to protect both safety and the environment.
Federal Laws Regarding Gas Transport
In addition to the state laws that apply in Louisiana, the federal government also imposes limitations on the transportation of gasoline. The laws governing these activities include the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act (RCRA), and the federal hazardous materials regulations (49 CFR Parts 171-180). These laws are designed to ensure the safe transportation of hazardous materials across state lines and throughout the country. Because most gasoline is transported from its site of production to terminals and processing facilities via pipelines and railways, these laws are particularly relevant to commercial shippers and other private haulers of gasoline.
The many federal regulations governing the transportation of gasoline are enforced by the DOT and EPA. The DOT has extensive regulations concerning the transportation of hazardous materials under the Hazardous Materials Transportation Act and other laws. The EPA has extensive regulations concerning hazardous waste under the RCRA and other laws. State law, such as the Louisiana solid waste law, is similar to federal law in many respects.
The EPA and the DOT have divided the transportation of hazardous materials into shipments that involve hazardous wastes and shipments that do not. Generally speaking, shipments of hazardous wastes must be done in compliance with both federal hazardous materials transportation regulations and the RCRA. Shipments of other "hazardous materials" must also be done in compliance with the RCRA, but need not comply with the federal hazardous materials transportation regulations. However, for a state-law dispute between the Google cars and others, the federal regulations are more relevant.
The RCRA defines "solid waste" to include any discarded material or substance. See 40 CFR § 261.2. As a result, gasoline is subject to the RCRA once it is removed from a tank, including storage, disposal or recycling. See 40 CFR §§ 261.2; 261.4(A)(13). Although the RCRA exempts hazardous materials and wastes that apply to a state, the RCRA still governs the "transportation . . . of hazardous wastes within the boundaries of the State." 40 CFR §§ 261.1(c)(10); 261.2. Therefore, even if the transportation is subject to a Louisiana regulation that enforces one of the federal regulations, the RCRA is still applicable.
Under the RCRA, generators must determine whether their wastes are hazardous, under 40 CFR Part 262. This includes shipments of gasoline, which is still classified as a hazardous waste under the RCRA. However, "wastes" are not regulated as a solid waste solely because they are intended for reuse, recycling, or reclamation. 40 CFR § 261.2(c)(3). This may seem odd, but it makes logical sense in the context of what is intended by the RCRA, which is to prevent landfills and other such facilities that generate waste from harming the environment.
A great deal of federal regulations apply to carriers transporting gasoline. In addition to restrictions on storage, carriers must comply with complex and detailed regulations concerning their containment systems, safety training and inspections, record keeping, and operating procedures. Companies transporting gasoline in vehicles must comply with the DOT’s strict regulations concerning design, inspection, testing, and maintenance. The EPA’s regulations address every conceivable aspect of gasoline handling, including the staging, loading, unloading, storage, and treatment of petroleum liquids.
The DOT also regulates the transport of hazardous materials, which include gasoline. These regulations cover "the shifting, loading, unloading, and storage incidental to transportation. 49 CFR § 173.12(a). Hazardous materials "means a substance or material that the [DOT] has determined to be capable of posing an unreasonable risk to health, property, or the environment and has therefore identified as requiring regulation under one or more of the following: (1) [H]azardous Substances under the Solid Waste Disposal Act and 40 CFR part 302; (2) Hazardous Wastes under the Solid Waste Disposal Act and 40 CFR part 261; (3) Marine Pollutants under the Water Pollution Control Act and 40 CFR part 171; (4) Severe Marine Pollutants under Water Pollution Control Act and 40 CFR part 171; and, (5) Material identified as hazardous substances in 49 CFR 172.101 (Appendix A). 49 CFR § 171.8 (emphasis added).
State Laws on Gas Transport
In addition to federal regulations, state laws may impose more restrictive limitations on the transportation of gasoline in individual states. For example, a number of states set more restrictive requirements on the use of transfer pumps to fill transport tanks at remote sites.
Arkansas imposes tank label requirements, requires inspection of motor fuel trucks, creates reporting requirements for locations with more than one tank, requires approvals from the U.S. EPA and the State, and establishes other requirements for motor fuel terminals and transportation of state-determined motor fuels.
In Mississippi, the definition of "motor fuel" is complicated in that it includes oxygenate as a component. "Oxygenates" include methanol and MTBE. Use of ethanol, however, is not specifically mentioned and therefore would not be considered a "motor fuel."
The state of Delaware limits certain terms used in advertising and labeling for gasoline, including "premium," "super," or comparable terms. These are only allowed on premium grade fuels having octane ratings of 91 or higher and low-lead or unleaded fuels having octane ratings of 87 or higher. A similar prohibition exists in the District of Columbia.
Arizona prohibits the use of any form of advertising or labeling that suggests that a gasoline has a certain performance characteristic unless a minimum ASTM D4814 RON is met.
Florida has adopted the ASTM D4814-03 specification for premium gasoline. Some Florida counties have established minimum octane standards. Miami-Dade County and Palm Beach County have set minimum or maximum Reid Vapor Pressure levels for gasoline fuels. Miami-Dade County also has set maximum vapor pressure levels for motor fuels for specific months of the year.
North Carolina prohibits disclosure or dissemination of trade secrets in annual testing reports.
New Jersey, New York, Pennsylvania, and all eastern states north of North Carolina also set restrictions based on Reid Vapor Pressure.
Transporting Gasoline for Personal Use vs. for Business Use
The law generally provides that an individual may transport gasoline for personal use in a manner different than the manner in which gasoline may be transported for commercial purposes. Federal law under the Department of Transportation ("DOT") regulates the transportation of hazardous materials such as gasoline and other fuels. The DOT requires a Hazardous Materials Certificate (sometimes known as "Haz Mat" certification) to transport gasoline as a commercial driver. Commercial drivers are generally required to possess this certification if they haul a full load of gasoline, etc. or if they haul partial loads that total more than 1,000 pounds in a week. In short, HazMat certification is not required if you are transporting gasoline for personal use. However, it is required if you are a commercial driver. What constitutes "commercial use" is not entirely clear. On the one hand , it may be stated that if you are receiving compensation paid by another in return for your services, then your use is commercial. However, if it is a family member or an acquaintance that will receive the compensation and you will then turn around (without keeping anything for yourself), then that may not be enough for you to be deemed a commercial driver. There may also be state laws at issue that would apply, so the best way to determine whether there is any licensing required for a "commercial driver" is to check those laws (versus solely relying on the federal DOT guidelines). Laws regarding the transport of gasoline also vary from state to state. A complete analysis of your situation must be conducted to determine whether you may transport gasoline for personal versus commercial purposes.
Safe Guidelines for Transporting Gasoline
Gasoline storage and transport are subject to legal limitations, and very real risks. Poison ivy, crime, potential for explosion and fire – the risks are myriad. Use of the right containers, storage techniques and safety protocols is essential for the safe transport of gasoline.
1. Proper Container Types
State and federal laws regulate the transportation of hazardous liquids. EPA Transportation Rule 40 CFR 271.12 ( "Non-Hazardous Waste") establishes standards for storing containerized wastes that are neither ignitable nor reactable. Combined with DOT regulations (Federal Hazardous Materials Transportation Act ("Hazmat")) these form the starting point for identifying appropriate liquid storage containers. The EPA rule generally prohibits transport of paints, lacquers, solvents, solvents, fuels or heavy metals in containers unless they are "suitable for transportation to a designated facility". While it is necessary to consider the chemical properties of gasoline it is also the container’s competency that needs to be addressed prior to any transport.
2. Storage Recommendations
Fuel storage containers are very popular for a wide variety of practical applications. However, transient ownership of these containers may implicate certain permit requirements that may be unique to the area where you are operating. The area’s environmental health department may require proof that each fuel storage system is permitted. Your company’s insurance carrier may also have contractual requirements for such things as spill protection and storage systems. Ultimately, these outside parties may require proof to insure that your tanks are properly permitted. If these stored containers are going to be located temporarily on another party’s property then it only makes sense that they want to be on the safe side and see proof of permitting. Additionally, if your business is using stored containers held for resale then you may find the need to get other permits. It is always best to check with local authorities for your area. Sometimes, the powers that be approve of temporary use of containers by way of notification approved by personal signature.
3. Vehicle Safety Measures
The specific storage and racking requirements depend on the nature of the tanks being used. Tanks need to be secured from tipping or displacement. When gasoline is shipped in bulk, it is stored temporarily in an underground or aboveground storage tank. The interior of the tank must be protected from corrosion and other dangers via synthetic inner linings or coatings that are resistant to the chemical properties of gasoline. Often, tanks are installed inside a concrete vault or an earthen berm with a 110% secondary containment. Safety measures also include things like shutdown alarms, spill kits, ventilation controls, spill or leak sensors, and flame arresters.
Penalties for Illegal Gas Transport
Beyond the immediate risk of fire or explosion, illegal transportation of gasoline may have significant legal and financial consequences, as well. If the value of the gasoline exceeds $500, the transporter not only faces fines and penalties but also risk felony prosecution. Each gallon more than 13 gallons is a separate offense, punishable by one year in state prison and/or a fine exceeding $500. A person convicted of two or more offenses is guilty of a felony, punishable by two, three or five years in state prison and fines exceeding $2,000 (California Business & Professions Code Section 8031). Conviction of a felony may mean prison time and/or parole, probation, or community service. Even though California Vehicle Code Section 42001..(d) limits a vehicle’s fuel storage capacity to not more than 118 gallons (on trucks or trailers not used to transport 1000 gallons or more of petroleum product), many law enforcement agencies , including California Highway Patrol (CHP), have a policy of arresting for attempted grand theft if the transported amount of gasoline exceeds 100 gallons. The current current price of gasoline at the pump can be as high as $6 per gallon. Theft of more than $950 is a felony. A person may attempt to circumvent the liquid fuel limitations of their vehicle (e.g. by exceeding the affected cargo capacity by the use of a trailer to carry a larger understandable fuel storage device) or be in violation of the Vehicle Code for transporting flammable liquid in an unapproved container. Finally, apart from the serious risks of fire, explosion, electrocution or other traumatic injuries, transporting gasoline in illegal or unsafe containers exposes the driver to increased risk of personal injury. Similarly, the risk of exposure to vapors and spills may cause irritation of raw skin, inhalation of fumes and damage to eyes.