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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 were regulated under the SPCC rule,the polymer berm provides sufficient <br /> general secondary containment, in compliance with 40 CFR part I I2.7(c). The sized secondary <br /> containment requirements applicable to other portable containers under 40 CFR 112.8(c)(11) do <br /> not apply to non-transportation-related mobile refuelers, if these DTL trucks are inaccurately <br /> characterized as "non-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 secondary containment requirements for bulk storage containers, however the <br /> general secondary containment requirements at § 112.7(c)apply"). <br /> The second DTL truck is staged empty in the parking lot east of the Locomotive Shop. (See <br /> Exh. D). EPA presumes that a mobile refueler that contains no oil and is not being used for the <br /> storage or transfer of oil in any amount, is a transportation-related highway vehicle used for the <br /> transport of oil in interstate or intrastate commerce and not subject to SPCC requirements.See <br /> 40 CFR 112,Appendix A, Section II(2)(D); SPCC GUIDANCE FOR REGIONAL <br /> INSPECTORS,December 16,2013, 2-29; Letter from Stephen Heare, Office of Emergency and <br /> Remedial Response,to Melissa Young of Petroleum Marketers Association of America(2001). <br /> Therefore,under EPA guidance,the empty mobile refueler is"transportation-related" and not <br /> subject to SPCC regulations. <br /> Please let me know if the 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 concerns,please call me at(916)261-4543. <br /> Very truly yours, <br /> 0,_� v <br /> Amber Nickens <br /> Manager of Environmental Field Operations <br /> Union Pacific Railroad <br /> 3038213.v 1 <br />