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11 chapter two REGULATORY AND ENVIRONMENTAL REQUIREMENTS Aviation facilities fall under a number of different environmental regulations, just as do other indus- trial, commercial, or service-affected facilities. With the exception of Part 139, federal regulations related to fueling systems and operations on airports stem primarily from environmental regulations. Many federal EPA requirements are carried out and administered at state and local levels. Part 139 regulations apply only to fueling activities at certificated air carrier airports. Not covered are the hundreds more GA or noncommercial airports. The standards and practices used at certificated airports represent the most effective practices for adoption at GA airports. 14 CFR PART 139 AIRPORT CERTIFICATION Requirements exist for airports certificated under 14 CFR Part 139 for safety oversight and inspection of fueling facilities, equipment, and personnel training records. For airports not covered by Part 139, due diligence and public safety requirements suggest the same level of oversight is warranted. Section 139.321 requires a certificated airport to establish and maintain standards for protecting against fire and explosions in the storing, dispensing, and handling of fuel on the airport. Section 139.321 is excerpted in Appendix B. The FAA uses the standards contained in the most recent edition of NFPA 407 when inspecting an airport. A local community or airport can choose other standards to cover facilities, procedures, and personnel training. An inspection and recording of tenant fueling facilities is to be done at certificated airports every 3 consecutive months (quarterly inspection), along with regular (daily) inspection and reasonable surveillance of all fueling activities on the airport during special conditions. Quarterly airport inspec- tions typically are performed by city or county fire marshals and/or personnel, airport fire department personnel, airport operations personnel, or others with knowledge and training in fueling system operation. As part of the inspection requirements, verification of training is necessary for those who provide fueling services at Part 139 airports. Section 321 specifies individuals are to have received training in at least the following areas: 1. Bonding, 2. Public protection, 3. Control of access to storage areas, 4. Fire safety in fuel farm and storage areas, 5. Fire safety in mobile fuelers, fueling pits, and fueling cabinets, 6. Training of fueling personnel in fire safety, and 7. The fire code of the public body having jurisdiction over the airport. Specific to item seven, airport operators holding a Part 139 certificate are to be aware that it is their duty to provide a briefing to tenant fueling agents on the fire codes in effect at the airport that differ from NFPA 407 (AC 150/5230-4B 2012). Although Section 321 addresses the handling and storage of hazardous substances and material, fueling personnel at certificated airports also must heed Section 329, which covers pedestrian and
12 ground vehicle operation at the airport. Employees of fueling agents with access to the movement and safety areas of the airport are to be trained and authorized to operate on the airport; this preparation is known as an airport driver training program. The training is to occur before the initial performance of their duties and at least once every 12 consecutive calendar months thereafter. Part 139.325 further requires the airport to develop an airport emergency plan that provides a coor- dinated response to a number of emergencies, including fuel fires. Responding fire personnel are to be versed in the airport emergency plan and participate in required annual drills or exercises. 49 CFR PART 1542 AIRPORT SECURITY Related to the need for fueling personnel to have access to the airport, the TSA requires those airports affected by 49 CFR Part 1542 to comply with an airportâs security plan (49 CFR Part 1542). This involves employment history and background checks, badging and access control requirements, and training. Tenant fueling agents may have their own security program as well. Recent security concerns have been raised related to attempts to disrupt fuel supplies and to third-party access to air carrier aircraft, such as with refueling personnel (Faiola and Mufson 2007; Garrett 2015). ENVIRONMENTAL REGULATIONS Both jet fuel and avgas have properties that can affect the environment if spillage or vapor release occurs. For this reason, fuel facilities and fueling operations can be covered by a number of environmen- tal regulations, depending on the amount and nature of fuel involved. Appendix A provides a primary list of federal regulations that affect fueling operations. Other requirements can exist, including state and local laws, regulations, and ordinances. A best practice is for an airport to work with the local environmental representatives to ensure all requirements are met. ACRP Report 43 (McGormley et al. 2011) identifies resources and tools that small airports can use to be proactive in their responsibilities for environmental stewardship. Included in the report are summaries and practices of applicable federal environmental compliance requirements that apply to fueling systems installed at airports.