Mobile Fueling Services - A New Frontier or Skirting the Regulations?

CIOMA recently participated in a multi-agency discussion of emerging, app-based fueling services.  The most interesting part of the day were demonstrations by two companies currently providing app-based mobile fueling services – Booster.com and Purple.  They represented both ends of the spectrum in such service providers.

Booster.com provides gasoline refueling services from a specially designed mobile fueling truck (see picture).

 

It can provide either premium or regular fuel. Upon inspection, the truck it appeared to be designed to meet a variety of fire and hazmat truck design standards, as well as having a type-certified metering device. Booster representatives said they focus on corporate campus parking lots in the Bay Area. They fuel the truck at a terminal rack and it is designed for Phase 1 compliance at the rack.

On the other end of the spectrum is Purple. Gasoline is hand-delivered from 5 gallon gasoline jugs with a small electric pump in 5, 10, or 15 gallon quantities, with a maximum of 15 gallons to any one vehicle. Jugs are removed from the delivery vehicle and placed on a hand cart, connected to the pump, and then dispensed into the car.

 

 

There is no Phase II vapor recovery (nozzle vapor recovery at the fueling point) on either delivery system.

A third system to be demonstrated by Filld broke down on the way to the meeting.

After the demonstrations, government officials from a wide variety of agencies commented on their regulation of such services. It is apparent that these services come under numerous regulatory regimes including Fire Code compliance, CHP transport and hazmat requirements, Weights and Measures accuracy and labeling requirements, BOE tax compliance, Fish & Wildlife/OSPR controls, local agency requirements, and air pollution controls.

After review of the various regulatory environments, it became clear that the services had been designed to work within various exemptions and less stringent requirements based upon the fuel containment system operation. For example, Purple is largely exempt from CHP requirements due to the small volume of fuel being transported. Booster claims it is exempt from vapor recovery requirements as it is only filling vehicles with on-board recovery systems. (Such an exemption exists; it was adopted to cover fueling operations at car rental or fleet locations where it can be demonstrated that only fueling of new vehicles with on-board recovery is occurring).

The State Fire Marshal representative indicated that a working group has come up with suggestions to be provided to the International Fire Code regarding such systems. CIOMA has obtained this proposal and has forwarded it to national associations for their review and consideration. PMAA promptly got back and indicated their Fire Code expert is reviewing the proposal and will intervene at both the national and international levels if needed. It will also be a priority subject taken up at the PMAA Motor Fuels Committee at their Atlanta meetings.

What is not clear is whether such systems come under general permitting requirements from local air districts. It is also not clear where these systems reside in the air toxics control regulation regime or within SPCC requirements.

CARB indicated it was in the information-gathering process on these systems. They indicated that regulations adjustments may come in the future, but no specific timetable has been established.

CIOMA registered concerns over possible delay of regulation-development regarding air quality. It was stressed that each fuel provider must be held to level playing field standards, with equal protection of air quality and human health being applied to all such services. CIOMA recommended that a statewide registration system for gasoline mobile fueling services be established immediately, enabling better transparency on the systems being deployed and evaluation of compliance status with the variety of regulatory codes involved.

Police protections agencies indicated the will be setting up a working group to review Homeland Security risk from these new services.

On a more positive note, agencies understand clearly the distinction between gasoline and diesel delivery systems. The clear focus of the agencies is on gasoline delivery.