NEFI SEEKS PROFESSIONAL ENGINEER FOR SPCC PRESENTATION AT EXPO
The New England Fuel Institute is looking for a professional engineer to help present information on Spill Prevention, Control & Countermeasure at the NEFI's trade show, the 33rd North American Heating & Energy Expo "EXPO" (June 9 & 10). Ideally, we would like an engineer who is well versed in SPCC, the latest amendments and has familiarity with certifying plans. This individual will speak alongside NEFI's regulatory counsel, Mark S. Morgan, Esq., (this will be a panel format). If you are interested, please contact Dave Rocco at 617-923-5022 or dave@nefi.com.

NEFI NOW OFFERS REQUIRED DECALS FOR HANDICAP ASSISTANCE AT FUEL STATIONS
Certain fuel stations are required to display, under the Americans with Disabilities Act (ADA), a decal offering refueling assistance to individuals with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee. Failure to provide notification of handicap assistance could result in fines of up to $50,000. Important notes about the requirement:

• A service station or c-store operator must provide refueling assistance upon the request of an individual with a disability. People with disabilities may require assistance to purchase fuel at self-service stations at certain self service pumps. NOTE: C-STORES ARE NOT REQUIRED TO INSTALL ELECTRONIC DEVICES FOR NOTIFICATION SUCH AS BUZZERS OR INTERCOMS.

• The operator is not required to provide such service or notice at any time that it is operating on a remote control basis with a single employee.

• Those service stations or c-store operators that are required to comply with ADA access requirements must notify customers (e.g., using signs on or near dispensers) that individuals with disabilities can obtain refueling assistance by honking their horn or otherwise signaling an employee. The ADA requires no specific wording for the notification. Service stations and c-stores operating on a remote control basis with only one employee are not required to post a notification.

• A service station or c-store operator must provide the refueling assistance without any charge beyond the self-serve price if the customer wants only fuel. The attendant may provide assistance at a self-service pump or at a full-service pump. In either case, the customer must be charged the self-service price.

Order this and other decals through NEFI.

FEB. ISSUE OF NEFI MAGAZINE COVERS LATEST TRUCK REGULATIONS & INCENTIVES
The February 2009 issue of NEFI’s premiere industry magazine, Oil & Energy, is now available online. The new issue rounds up the latest on upcoming emissions standards for trucks and provides contact information for many oil and propane tank truck manufacturers, as well as incentives they’re offering in light of a slowing economy. In addition to a Q&A with an engineer about the development of cutting-edge renewable fuels, there are columns from experts on ways to cut fuel costs for fleets and fuel handling safety advice. You can read those stories and more online by downloading the PDF at http://www.nefi.com/oilandenergy/archive.htm. If you or your staff are not currently subscribed to Oil & Energy Magazine, contact Joanne Sharkey today at joanne@nefi.com or (617) 923-5014.

REGULATORY ALERT: SPCC RULE FREEZE AFFECTS SPCC REGULATORY RELIEF
On January 20, 2009 the Obama administration announced a regulatory review of all “last minute” final rules issued during the waning days of the Bush administration. Agency regulators were ordered to review all such rulemakings to decide whether they were consistent with the policies of the new administration--and if not, to impose a 60-day freeze to allow for additional public comment and possible regulatory change. The EPA announced today that the final SPCC rulemaking published on 12/05/08 that provides significant regulatory relief for bulk plant owners and operators is subject to the freeze. The effect of the freeze is two-fold:

• The 02/03/09 effective date of the SPCC regulatory relief provisions is delayed until 04/04/09. This means that bulk plant owners and operators who are currently revising and implementing SPCC plans must postpone taking advantage of these regulatory relief provisions until 04/04/09 (provided they are not eliminated or changed by the EPA in the interim).

• The EPA is reopening the entire final rule for a 30-day period to seek additional public comment and possible regulatory changes. While the entire rule is technically open for comment, the EPA is concerned only with the provision that allows self certification of SPCC plans for bulk plants under 10,000 gallons capacity (certain parts of the rule that do not apply to petroleum marketers may be subject to change as well, but this is unlikely to effect the regulatory relief provisions). The self-certification provision was not included in the proposed rulemaking stage and therefore never subject to public comment. The EPA is probably reopening the rule to correct this procedural error rather than out of any concern over the regulatory relief provisions.

It is likely that the key provisions in the SPCC rule that are important to small bulk plant owners and operators will be retained after the 30-day comment period closes. The net effect for now is that the regulatory relief provisions will not be available to bulk plant operators or owners until 04/04/09. These provisions include; clarification of the definitions of “facility” and “loading rack” that limits the cost of complying with SPCC regulations; more flexible and cost effective security requirements at bulk plants; streamlined SPCC plans and self-certification for small bulk plants; more flexible integrity testing requirements; and an exemption for parked cargo tank trucks from the sized secondary containment requirements.

A separate rulemaking on January 14, 2009 extended the SPCC compliance deadline from 07/01/09 to 11/20/09. The EPA will decide shortly whether this rulemaking will also be re-opened for public comment and subject to possible change.