First, if you spill oil, no matter what kind, it is reportable. All environmental agencies that we’ve worked with have “unofficially” stated they prefer a biodegradable, nontoxic fluid to a petroleum heavy metal containing one. Realistically, in the event of a spill, even after several years in service, which would cause less environmental damage, a readily biodegradable fluid, that originally contain no harmful additives or metals, or a fluid that is petroleum based, that will persist in the environment for years, preventing oxygen exchange, causing sludge, that was formulated with heavy metals such as zinc, copper and barium?
The “Edible Oil Act” requires environmental agencies to take base-fluid type into consideration when assessing spill damage and associated fines. A client of ours in your “neck of the woods”, Elliot Bay, Puget Sound, recently spilled about 200 gallons of biobased oil. The Wa. State DEP has a formula based on type of fluid, persistence, toxicity, amount spilled, where it is spilled, and what time of year that determines what the “fine” will be. Originally, based on conventional petroleum hydraulic fluid the fine was assessed at $40,000! After meeting with the DEP, reviewing toxicity and biodegradability data, other precedents and so forth, there was no fine at all. In over 10 years of promoting biobased products and multiple client spills, I have never had a case where a fine was not either eliminated or dramatically reduced due to the use of an environmentally preferable fluid. I published a paper a while ago, tailored to the commercial diving industry that reviews biodegradable fluids and regulations. Here is the link for you reading pleasure
http://www.terresolve.com/pr.html.
