Both the Shippers and Carriers of certain specified quantities of oil are required to comply with the regulations found at Part 130 of Title 49 of the Code of Federal Regulations. The purpose of this article is to identify and explain the purpose, scope, and requirements of 49 CFR 130 – Oil Spill Prevention and Response Plans of the PHMSA regulations.
While these regulations are administered by PHMSA in Subchapter B, they are not part of what is known as the Hazardous Material Regulations (HMR) which are found in Subchapter C of the PHMSA regulations
The regulations of §130 are applicable to the transportation in commerce of both of the following by highway or rail:
- A liquid petroleum oil in a single packaging with a capacity of ≥3,500 gallons.
- A liquid petroleum oil or non-petroleum oil in a single packaging with a capacity >42,000 gallons.
Some key definitions to better understand the applicability of these regulations are included here. For the remainder, please refer to 49 CFR 130.5:
Non-petroleum oil means any animal fat, vegetable oil or other non-petroleum oil.
Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Note: This definition does not include hazardous substances (see 40 CFR part 116).
Petroleum oil means any oil extracted or derived from geological hydrocarbon deposits, including fractions thereof.
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The requirements of Part 130 are in addition to, do not take the place of, and do not effect the applicability of the PHMSA Hazardous Material Regulations in Subchapter C, the notification requirements of the U.S Coast Guard at 33 CFR 153, or the USEPA regulations regarding the discharge of oil into navigable waters at 40 CFR 110.
The following are not subject to the requirements of Part 130:
- A mixture or solution where oil is <10% by weight or volume.
- Transportation of oil by aircraft or vessel.
- Petroleum oil in the fuel tank of a vehicle and used for its propulsion.
- Oil transported within a facility – i.e. not on a public roadway – in a vehicle not intended for use on a public roadway.
General Requirements of Part 130:
Both Shippers and Carriers of oil regulated by Part 130 must comply with its regulations and instruct all personnel on its applicable requirements.
This does not - unfortunately - require training of personnel; merely that they be instructed on the requirements of this part that apply to their job function.
Packaging used for the transportation of oil regulated by Part 130 must be designed, constructed, maintained, closed, and loaded so there is no release of oil to the environment during normal transportation.
The packaging requirements of Part 130 are much less stringent than those for most hazardous materials packaging that must be authorized by the HMR and meet either United Nations or USDOT specifications.
Shipper Responsibilities of Part 130:
The Shipper must provide the Carrier with a document indicating that the shipment contains oil unless the document accurately describes the material as one of the following:
- Aviation fuel
- Diesel fuel
- Fuel oil
- Gasoline
- Jet fuel
- Kerosene
- Motor fuel
- Petroleum
This is not a requirement to provide a shipping paper as is usually required for a hazardous material offered for transportation.
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Carrier Responsibilities of Part 130:
The operator of the transport vehicle – either a motor vehicle or train – must have readily available in their possession a document indicating the shipment contains oil unless the document accurately describes the material as one of the following:
- Aviation fuel
- Diesel fuel
- Fuel oil
- Gasoline
- Jet fuel
- Kerosene
- Motor fuel
- Petroleum
This is not a requirement to have a shipping paper readily available as is usually required for a hazardous material in transportation.
A Carrier of oil subject to Part 130 must have one of two types of a Response Plan:
- A basic written plan is required for a Carrier of oil subject to the regulations of Part 130 (refer to the applicability determination at the beginning of this article).
- A comprehensive written plan is required for a carrier of oil – petroleum or non-petroleum – in a quantity of >42,000 gallons in a single packaging.
Since it’s is not a part of the Hazardous Material Regulations, it might be easy to overlook the requirements of 49 CFR Part 130. However, a Shipper or Carrier of quantities of oil subject to this Part cannot choose to ignore their responsibilities. Please contact me if you have any questions about the transportation of oil or the USEPA regulations for the generation and management of used oil.