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Ms. Stacy Rivera <br />San Joaquin County <br />Environmental Health Department <br />October 27, 2016 <br />Page 4 <br />If this DTL truck w re regulated under the SPCC rule, the polymer berm provides sufficient <br />general secondary containment, in compliance with 40 CFR part 112.7(c). The sized secondary <br />containment requirej nents applicable to other portable containers under 40 CFR 112.8(c)(11) do <br />not apply to non-trsportation-related mobile refuelers, if these DTL trucks are inaccurately <br />characterized as "no -transportation" trucks. See also SPCC GUIDANCE FOR REGIONAL <br />INSPECTORS, December 16, 2013, 4-60 ("non -transportation -related tank trucks are excluded <br />from the sized secon lary containment requirements for bulk storage containers, however the <br />general secondary cc ntainment requirements at § 112.7(c) apply"). <br />The second DTL tru <br />k is staged empty in the parking lot east of the Locomotive Shop. (See <br />Exh. D). EPA presur <br />ies that a mobile refueler that contains no oil and is not being used for the <br />storage or transfer of <br />oil in any amount, is a transportation -related highway vehicle used for the <br />transport of oil in int <br />rstate or intrastate commerce and not subject to SPCC requirements. See <br />40 CFR 112, Appen <br />ix A, Section II(2)(D); SPCC GUIDANCE FOR REGIONAL <br />INSPECTORS, December <br />16, 2013, 2-29; Letter from Stephen Heare, Office of Emergency and <br />Remedial Response, <br />o Melissa Young of Petroleum Marketers Association of America (2001). <br />Therefore, under EP <br />guidance, the empty mobile refueler is "transportation -related" and not <br />subject to SPCC re <br />ations. <br />Please let me know if he points raised in this letter do not resolve all of your concerns, Stacy. As <br />always, we thank you for your cooperation and courtesy in these matters. If you ever have any <br />questions or concernsl please call me at (916) 261-4543. <br />Very truly yours, <br />__ ) L..:_ <br />Amber Nickens <br />Manager of Environm ntal Field Operations <br />Union Pacific Railroa <br />3038213A <br />