USIFDA

CRITICAL: Use Only USIFDA Mark Certified Operators

⚠️ Customer Liability Warning

Under USA law, you as the generator of contaminated fuel are responsible for ensuring it is handled by properly licensed operators.

If you use an illegal or unlicensed operator:

• You may be held liable for environmental violations if the waste is improperly disposed
• You may face fines and penalties for using unlicensed waste disposal services
• You may be responsible for cleanup costs if environmental damage occurs
• You may void insurance coverage if work is performed by unlicensed operators
• You may have no legal recourse if the work is performed incorrectly

✅ Protect yourself: Only use operators displaying the USIFDA Mark. This ensures proper licensing, insurance, and compliance with all USA regulations.

Penalties for Illegal Operators

Operators who provide fuel remediation services without proper certification and licensing face severe penalties:

• RCRA violations: Civil penalties can exceed $90,000 per day, per violation (inflation-adjusted under 40 CFR Part 19)
• DOT hazmat violations: Civil penalties can exceed $100,000 per violation, and more where a violation causes death, serious injury, or substantial property destruction (49 U.S.C. 5123)
• OSHA violations: Penalties exceed $16,000 per serious violation and $160,000 per willful or repeated violation
• FTC Act Section 5: Civil penalties exceed $50,000 per violation; state penalties vary
• U.S. EPA Enforcement: Enforcement actions, fines, and potential prohibition from operating
• Civil Liability: Potential lawsuits from customers and environmental damage claims

USIFDA actively reports illegal operators to relevant authorities including OSHA, the U.S. Environmental Protection Agency (EPA), DOT/PHMSA, and state and local authorities for enforcement action.

✅ How to Verify a Certified Operator

Look for the USIFDA Mark displayed by the operator. Operators carrying the USIFDA Mark have:

• Valid DOT/PHMSA hazmat training and transport compliance
• Proper insurance coverage ($2M+ professional liability (E&O) and commercial general liability (CGL))
• Certified facilities (currently all certified operators use fixed facilities)
• Compliance with all USA regulations
• Proper waste tracking and disposal procedures

If an operator cannot show you the USIFDA Mark, do not use their services. Report them using our compliance reporting form.

Learn more: Understanding Certification - What "Certified" Actually Means

The Official USIFDA Mark

What the USIFDA Mark Means:

• Operator has completed comprehensive certification process
• Fixed facility meets all regulatory requirements
• Staff are properly trained and qualified
• Equipment meets USIFDA standards
• Insurance and licensing are current
• Compliance with all USA regulations
• Commitment to quality service and customer protection

Learn more: Understanding Certification - Why a Governing Body is Required

Compliant Operators (Tier 1 - Management Layer)

Compliant Operators serve as the management layer of the USIFDA certification system. They are responsible for:

• Receiving and managing customer inquiries and job requests
• Allocating work to certified repair facilities under their license
• Ensuring quality control and compliance across their network
• Managing customer relationships and service delivery
• Overseeing documentation and warranty processes
• Coordinating with certified repair facilities for service execution

Compliant Operators act as the interface between customers and certified repair facilities, ensuring efficient job allocation and maintaining service standards.

Certified Repair Facilities (Tier 2 - Fixed Facilities)

Certified Repair Facilities are service delivery facilities that perform fuel remediation work at fixed facilities. They operate under the license and management of a Compliant Operator. Certified Repair Facilities:

• Perform fuel extraction and system remediation at fixed facilities
• Operate under the oversight of their Compliant Operator
• Receive job allocations from their Compliant Operator
• Maintain fixed facility standards and equipment
• Follow USIFDA protocols and procedures
• Provide quality service under the USIFDA Mark

Certified Repair Facilities must operate under a Compliant Operator license - they cannot operate independently. This structure ensures proper management, quality control, and compliance with industry standards.

Mobile Operators (Tier 2 - Mobile Service)

Mobile Operators provide on-site fuel extraction services using mobile vehicles. They operate under the license and management of a Compliant Operator. Mobile Operators:

• Perform on-site fuel extraction using certified mobile vehicles
• Operate under the oversight of their Compliant Operator
• Receive job allocations from their Compliant Operator
• Each vehicle must be individually assessed and certified
• Require annual recertification per vehicle to maintain compliance
• Follow USIFDA protocols and procedures
• Provide quality service under the USIFDA Mark

Mobile Operators must operate under a Compliant Operator license - they cannot operate independently. Each mobile vehicle requires individual certification and annual recertification ($2,500 USD per year per vehicle).

The USIFDA Mark = Verified Compliance Investigation

When an operator displays the USIFDA Mark, it means:

• USIFDA has conducted a comprehensive compliance investigation
• All licenses and certifications have been verified
• Insurance coverage has been verified
• Waste tracking compliance has been verified
• DOT/PHMSA Hazmat compliance has been verified
• Environmental compliance has been verified
• Ongoing compliance monitoring is in place

Without the USIFDA Mark, fuel stations CANNOT verify if a mobile operator is compliant, creating significant legal risk under OSHA general duty and site safety obligations.

1. OSHA — Workplace Safety (29 CFR 1910.106, 1910.1200)

Employer and site-operator duties:

Gas stations and repair facilities must protect workers, customers, and contractors under the Occupational Safety and Health Act and OSHA standards for flammable liquids and hazard communication:

• General duty: Provide a workplace free from recognized hazards, including ignition sources, bonding/grounding, and safe handling of Class 3 liquids.
• Site control: Ensure only authorized, compliant contractors perform fuel-related work on station premises.
• Contractor verification: Without the USIFDA Mark, you cannot verify hazmat training, insurance, or environmental compliance—creating OSHA and civil liability risk.

OSHA penalties exceed $16,000 per serious violation and $160,000 per willful or repeated violation; state OSHA plans may impose additional penalties.

2. EPA RCRA, Used Oil, and State Environmental Rules

Environmental protection obligations:

Contaminated fuel and used oil must be managed under U.S. EPA RCRA generator rules (40 CFR Part 262) and used-oil standards (40 CFR Part 279), plus applicable state environmental agencies and local requirements:

• Spill prevention: Reportable releases may require notification to the National Response Center (1-800-424-8802) and your state environmental agency.
• Site contamination: On-site mobile extraction increases spill risk for which the station may share liability.
• Manifests and records: Hazardous waste and used oil must be tracked from point of generation to licensed treatment, storage, or disposal facilities.

RCRA civil penalties can exceed $90,000 per day, per violation (inflation-adjusted under 40 CFR Part 19); state penalties vary.

3. DOT / PHMSA Hazardous Materials (49 CFR Parts 171–180)

Transportation and handling:

Gasoline (UN1203) and diesel (UN1202 / NA1993) are Class 3 hazardous materials. Fuel stations must ensure:

• Licensed transport: Only operators meeting 49 CFR requirements transport contaminated fuel off-site.
• Materials of Trade: Mobile service vehicles may use limited quantities under 49 CFR 173.6 when conditions are met—USIFDA certification verifies this where applicable.
• Site safety: Handling on the fueling area must meet DOT, OSHA, and fire code requirements.

DOT hazmat civil penalties can exceed $100,000 per violation (49 U.S.C. 5123).

4. Fire Codes — NFPA 30 / 30A and Local Fire Marshal

Motor fuel dispensing and repair garages:

Station premises must comply with NFPA 30, NFPA 30A, International Fire Code Chapter 57 (where adopted), and local fire marshal permits:

• Approved storage: Contaminated fuel must be stored in approved containers at licensed facilities—not improvised on the fueling area without permits.
• Emergency response: Operations on site must have appropriate spill kits and procedures; call 911 for fire or immediate danger.
• Fuel quality: EPA 40 CFR Part 1090 addresses pump labeling and misfueling mitigation at retail.

Local and state fire code violations can result in stop-work orders, fines, and criminal referral in serious cases.

✅ The Compliant Process: When a misfuel occurs at a fuel station, the vehicle should be towed to a certified fixed facility (operators displaying the USIFDA Mark) for proper remediation. This ensures verified compliance with all USA regulations and protects the fuel station from legal liability.

Note: While mobile operators CAN be certified by USIFDA if they meet strict requirements (including operating under a Compliant Operator, vehicle assessment, and annual certification), there are currently no compliant mobile services that have achieved certification. Fuel stations should only allow operators displaying the USIFDA Mark.

What Fuel Stations Must Do:

1. Verify the USIFDA Mark: Only allow operators who can display the USIFDA Mark. The Mark means USIFDA has conducted a comprehensive compliance investigation and verified all licenses, insurance, waste tracking, DOT/PHMSA Hazmat compliance, and environmental compliance. Currently, all certified operators operate from fixed facilities.
2. Refuse Uncertified Operators: Do not allow mobile extraction operators without the USIFDA Mark onto your site, regardless of customer requests. Without the Mark, there has been NO investigation of their compliance. You cannot verify if they have proper licenses, insurance, waste tracking compliance, or environmental compliance. This creates significant legal risk for your business.
3. Understand Your Risk: As a site operator, you are legally responsible for ensuring contractors on your site are compliant. Without the USIFDA Mark, you cannot demonstrate due diligence in verifying compliance, which may expose you to fines, penalties, and legal liability if the operator is non-compliant.
4. Learn About Certification: Understand the difference between regulatory certification, industry certification (like the USIFDA Mark), and self-issued "certification" - read our Understanding Certification guide
5. Direct to Certified Operators: Direct customers to contact USIFDA-certified operators who will arrange towing to their fixed facilities.
6. Report Non-Compliance: If mobile operators attempt to operate on your site, report them using our compliance reporting form.
7. Protect Your Business: By refusing mobile operators, you protect your business from legal liability, fines, and environmental contamination risks.

⚠️ Legal Protection: Fuel stations that allow uncertified mobile operators (operators without the USIFDA Mark) on their premises may be held jointly liable for any environmental contamination, safety incidents, or regulatory breaches that occur. Without the USIFDA Mark, you cannot verify compliance and cannot demonstrate due diligence. Protect your business by only allowing operators displaying the USIFDA Mark, which provides verified compliance investigation and ongoing monitoring.