[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70241-70246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28968]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-UST-2010-0651; FRL-9227-8]


Compatibility of Underground Storage Tank Systems With Biofuel 
Blends

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed guidance and request for comments.

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SUMMARY: EPA's Office of Underground Storage Tanks intends to issue 
guidance that would clarify EPA's underground storage tank (UST) 
compatibility requirement as it applies to UST systems storing gasoline 
containing greater than 10 percent ethanol and diesel containing an 
amount of biodiesel yet to be determined. Today's Federal Register 
notice solicits comment on the proposed guidance, which provides owners 
and operators of underground storage tank systems greater clarity in 
demonstrating compatibility of their tank systems with these fuels.

DATES: Comments must be received on or before December 17, 2010, 30 
days after publication in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
UST-2010-0651, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#750716071458111a161e1001351005145b121a03"><span class="__cf_email__" data-cfemail="cdbfaebface0a9a2aea6a8b98da8bdace3aaa2bb">[email protected]</span></a>.
    <bullet> Mail: EPA Docket Center, Environmental Protection Agency,

[[Page 70242]]

Underground Storage Tank (UST) Docket, Mail Code: 2822T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-UST-
2010-0651. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the UST Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
UST Docket is (202) 566-0270.

FOR FURTHER INFORMATION CONTACT: Andrea Barbery, Office of Underground 
Storage Tanks, Mail Code 5402P, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 
603-7137; e-mail address: <a href="/cdn-cgi/l/email-protection#5e3c3f2c3c3b2c27703f303a2c3b3f1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="432122312126313a6d222d27312622032633226d242c35">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to owners and operators of underground storage 
tank systems regulated by 40 CFR Part 280, who intend to store gasoline 
blended with greater than 10 percent ethanol. It may also apply to 
owners and operators storing a to-be-determined percentage of biodiesel 
blended with diesel fuel.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. Statutory Authority

    This proposed guidance discusses EPA's underground storage tank 
(UST) compatibility requirement that was promulgated under the 
authority of Subtitle I of the Solid Waste Disposal Act (SWDA), as 
amended. 42 U.S.C. 6991b et seq. This requirement, which is referenced 
and discussed in the guidance, is found in 40 CFR 280.32.

B. Underground Storage Tank Compatibility Requirement

    To protect groundwater, a source of drinking water for nearly half 
of all Americans, the U.S. Environmental Protection Agency (EPA) 
regulates UST systems storing petroleum or hazardous substances under 
authority of Subtitle I of the Solid Waste Disposal Act, as amended. 
Ethanol and biodiesel are not regulated substances under EPA's UST 
program; however, tanks storing gasoline or diesel mixed with ethanol 
or biodiesel are regulated by EPA. For the purposes of this guidance, 
EPA considers an ``ethanol blend'' to be any amount of ethanol mixed 
with petroleum gasoline, and a ``biodiesel blend'' to be any amount of 
biodiesel mixed with petroleum diesel.
    EPA regulations address the prevention and detection of releases 
from UST systems; one particular provision in the federal UST 
regulations that aims to prevent releases specifically requires 
compatibility of stored substances with UST system components. As the 
U.S. moves toward an increased use of biofuels, such as ethanol and 
biodiesel, compliance with the UST compatibility requirement becomes 
even more important, since ethanol and biodiesel blends can compromise 
the integrity of some UST system materials. Today's Federal Register 
notice solicits comment on proposed guidance and associated issues that 
will clarify how owners/operators of UST systems storing fuels 
containing greater than 10 percent ethanol or a to be determined 
percent of biodiesel can demonstrate compliance with the UST 
compatibility requirement.
    As of March 2010, there are approximately 607,000 regulated USTs

[[Page 70243]]

at 221,000 facilities nationwide. States and territories (hereafter 
referred to as states) are the primary implementers of the UST program 
because they are in the best position to implement UST program 
requirements, based on the size and diversity of the regulated 
community. In order for EPA to approve a State's program, that state's 
regulations must be at least as stringent as the Federal UST 
regulations.
    An UST system includes the underground storage tank, connected 
underground piping, underground ancillary equipment, and any 
containment systems. Fuel dispensers are not part of the UST system, 
and therefore this guidance does not apply to dispensers.

C. Discussion

    The federal UST regulations require that ``[o]wners and operators 
must use an UST system made of or lined with materials that are 
compatible with the substance stored in the UST system'' (40 CFR Sec.  
280.32). Because the chemical and physical properties of ethanol and 
biodiesel can make these fuel blends containing them more degrading to 
certain UST system materials than petroleum, it is important to ensure 
that all UST system components in contact with the biofuel blend are 
materially compatible with that fuel. Industry practice has been for 
owners and operators to demonstrate compatibility by using equipment 
certified by an independent testing laboratory, such as Underwriters 
Laboratories (UL). However, many UST system components in use today, 
with the exception of most tanks and piping, have not been tested by UL 
for compatibility. Without certification from a third party that these 
equipment are compatible with anything beyond conventional fuels, the 
suitability of these particular components for use with ethanol and 
biodiesel blends comes into question.
Compatibility of Ethanol-Blended Fuel
    Gasoline containing low percentages (10 percent or less) of ethanol 
has been used in parts of the country for many years. Many tanks and 
piping have been tested and are listed by UL for compatibility with 
higher-level ethanol blends. Many other components of the UST system, 
including leak detection devices, seals, and containment sumps (for 
example) may not be listed by UL for compatibility with ethanol blends. 
EPA expects recent federal and state laws encouraging increased use of 
biofuels to translate into a greater number of UST systems storing 
biofuels, as well as a greater number of UST systems storing higher 
percentages of biofuel blends. EPA is aware of material compatibility 
concerns associated with some UST system equipment storing higher 
ethanol blends, such as E85 (gasoline containing up to 85 percent 
ethanol), which is an alternative fuel used in flexible fuel vehicles. 
EPA understands that in order to avoid compatibility issues with E85, 
many tank owners who currently store E85 either installed all new 
equipment designed to store high level ethanol blends or upgraded 
certain components to handle the higher ethanol content. Because the 
typical lifespan of an underground storage tank is about 30 years, most 
UST systems currently in use are likely to contain components that were 
not designed to store ethanol blends beyond 10 percent. These older 
systems may not be certified by UL or another independent testing 
laboratory for use with these blends.
    Although very little data exists pertaining to the compatibility of 
UST equipment with ethanol blends, literature suggests that mid-level 
ethanol blends may have the most degrading effect on some UST system 
materials. For example, ``Underwriters Laboratories Research Program on 
Material Compatibility and Test Protocols for E85 Dispensing 
Equipment,'' which evaluated the effect of 85 percent ethanol and 25 
percent ethanol blends, indicates that some materials used in the 
manufacture of seals were degraded more when exposed to the 25 percent 
ethanol test fluid than when exposed to the 85 percent ethanol test 
fluid (Underwriters Laboratories, 2007). Further, ``Compatibility and 
Permeability of Oxygenated Fuels to Materials in Underground Storage 
and Dispensing Equipment'' (State Water Resources Control Board's 
Advisory Panel, 1999) confirms that alcohol fuel blends are ``more 
aggressive toward polymers than any of the neat constituents in the 
fuel,'' and points specifically to 15 percent ethanol in gasoline as 
being the blend at which the maximum swelling occurs in polymeric 
materials. Both of these documents are available in the UST Docket 
under Docket ID No. EPA-HQ-UST-2010-0651.
    In March 2009, EPA received a Clean Air Act (CAA) waiver 
application to increase the allowable ethanol content of a gasoline-
ethanol blended fuel from 10 volume percent ethanol to 15 volume 
percent ethanol.\1\ Please note that this action under the CAA has no 
bearing on an UST owner or operator's requirement to comply with all 
applicable EPA UST regulations, including the UST compatibility 
requirement in 40 CFR 280.32. Specifically, in order to ensure the safe 
storage of higher ethanol and biodiesel blends under EPA's UST program, 
owners and operators must meet the compatibility requirement for UST 
systems. Recently, EPA conditionally granted a partial waiver that 
allows gasoline-ethanol blends that contain greater than 10 volume 
percent ethanol up to 15 volume percent ethanol (E15) to be introduced 
into commerce for use in 2007 and newer model year light-duty motor 
vehicles, which includes passenger cars, light-duty trucks and medium-
duty passenger vehicles such as some sport utility vehicles (SUVs).\2\ 
If other State, Federal, and industry practices also support such 
introduction, E15 may become available in the marketplace. Thus, EPA 
anticipates that some UST system owners and operators may choose to 
store higher percentages of ethanol in their UST systems. For those who 
intend to store E15 or other amounts of ethanol greater than 10 volume 
percent, EPA is proposing this guidance to clarify the compatibility 
requirement with regard to these blends and provide greater flexibility 
for owners and operators who intend to store E15, including those whose 
equipment may not be certified as compatible by an independent testing 
laboratory.
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    \1\ See 74 FR 18228 (April 21, 2009).
    \2\ See 75 FR 68043 (November 4, 2010).
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Compatibility of Biodiesel-Blended Fuel
    In addition to ethanol, biodiesel is becoming increasingly 
available across the U.S., though its total use is significantly less 
compared to that of ethanol-blended gasoline. EPA understands that 
owners and operators are storing biodiesel/petroleum diesel blends in 
UST systems, ranging from two percent biodiesel (B2) to 99 percent 
biodiesel (B99). In this guidance, EPA proposes to include biodiesel 
blends, based on the fact that many states that already have 
compatibility policies in place address both ethanol blends and 
biodiesel blends. At least one state developed a compatibility policy 
to apply to biodiesel blends greater than B5, meaning owners and 
operators of UST systems containing biodiesel/petroleum diesel blends 
greater than 5 percent biodiesel must meet the requirements in the 
state's guidance. Other states have selected to use B20 as the 
threshold, since B20 is commonly used in government and military 
fleets.
    EPA is aware that there may be material compatibility issues with 
some UST system equipment in biodiesel service, but the Agency lacks 
sufficient

[[Page 70244]]

data on the compatibility of various biodiesel blends with UST system 
equipment currently in use across the country. EPA also acknowledges 
that no UST equipment has a UL-listing for use with biodiesel blends. 
UL has issued a statement indicating that biodiesel blends up to B5 
will not require special investigation by UL, meaning that these fuels 
may be considered the same as conventional petroleum fuels. According 
to UL, biodiesel blends greater than 5 percent may have a significant 
effect on materials. For these reasons, EPA is seeking comment on what 
percentage of biodiesel in biodiesel blends should be used for 
including these fuels in the scope of today's proposed guidance.
Testing on Ethanol and Biodiesel Blends
    The U.S. Department of Energy is currently performing testing on 
the compatibility of some UST system materials with mid-level ethanol 
blends. Depending on results of DOE's research, EPA may change its 
guidance. EPA is not aware of a testing program to evaluate the 
compatibility of UST system equipment with biodiesel blends.
Applicability of Proposed Guidance
    This guidance clarifies how owners and operators of underground 
storage tanks (USTs) can comply with EPA's compatibility requirement 
(40 CFR 280.32) when storing certain biofuels (ethanol-blended fuels 
greater than 10 percent and biodiesel-blended fuels greater than [TBD] 
percent). UST owners and operators, as well as other affected 
stakeholders should be aware that, when final, EPA's proposed guidance 
will apply in Indian country and in States that do not have State 
program approval (SPA). States that have SPA must, in 40 CFR 281.32, 
have a compatibility requirement that is similar to the Federal 
requirement. Therefore, SPA states could also find this guidance to be 
relevant and useful to them as well.
Owner and Operator Demonstration of Compatibility
    EPA considers the following three methods as effective options for 
demonstrating compatibility:
    <bullet> Certification or listing by an independent test 
laboratory;
    <bullet> Equipment manufacturer approval; or
    <bullet> Another method determined by the implementing agency to 
sufficiently protect human health and the environment.
    Implementing agencies may determine there are other acceptable 
methods for demonstrating compliance with the compatibility 
requirement, as long as they sufficiently protect human health and the 
environment. EPA will work with states as they evaluate other 
acceptable methods.
    Some states have developed policies similar to EPA's proposal 
published today. Some examples of state policies regarding 
compatibility of UST equipment with biofuels include:

Iowa: http://www.iowadnr.gov/land/ust/technicalresources/ethanol.html.
Wisconsin: http://test.commerce.wi.gov/ER/pdf/bst/Forms_FM/ER-BST-FM-9-AlternativeFuels.pdf.
South Carolina:http://www.scdhec.gov/environment/lwm/forms/d-3885.pdf.
Colorado: http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251616370465&ssbinary=true.

    These documents are also available in the UST Docket under Docket 
ID No. EPA-HQ-UST-2010-0651.
    Currently, a note in the Federal UST regulations allows owners and 
operators to use the American Petroleum Institute's (API) Recommended 
Practice 1626, an industry code of practice, to meet the compatibility 
requirement for ethanol-blended fuels. The original version of API 1626 
(1st ed. 1985, reaffirmed in 2000) applies to up to 10 percent ethanol 
blended with gasoline and is not applicable to meet the compatibility 
requirement for ethanol blends greater than 10 percent. In August, 
2010, API published a second edition of API 1626. The second edition 
does address ethanol blends greater than 10 percent, and may also be 
used as a method for demonstrating compatibility.

D. Request for Comments

    EPA requests public comment on the following issues as well as the 
proposed guidance that immediately follows:
    1--UST Components That May Be Affected by Biofuel Blends--A UST 
system comprises many components that can be affected by the fuel 
stored. Some of these components may or may not come into contact with 
fuel or lead directly to a release. However, the failure of these 
components could either directly or indirectly lead to a release if 
they are not compatible. To help owners ensure compatibility, EPA 
proposes listing the following equipment, at a minimum, to be included 
in today's proposed guidance to clarify what UST system components may 
be affected by biofuel blends:
    <bullet> Tank or internal tank lining;
    <bullet> Piping;
    <bullet> Pipe adhesives and glues;
    <bullet> Line leak detectors;
    <bullet> Flexible connectors;
    <bullet> Fill pipe;
    <bullet> Spill and overfill prevention equipment;
    <bullet> Submersible turbine pump and components;
    <bullet> Fittings, gaskets, bushings, couplings, and boots;
    <bullet> Containment sumps (including submersible turbine sumps and 
under dispenser containment);
    <bullet> Release detection floats, sensors, and probes.

This list of components is consistent with lists used by states with 
compatibility policies, though it is somewhat less inclusive, since the 
federal UST program does not have authority to regulate dispensers or 
fuel quality.
    Although release detection equipment and overfill prevention 
equipment do not contain product and failure of these components will 
not directly lead to a release, EPA proposes including these categories 
because failure of these equipment may lead indirectly to releases. For 
example, a failed leak detection device may not detect a release that 
has occurred; similarly, a malfunctioning overfill prevention device 
may lead to overfilling of a tank.
    Questions for commenters:
    <bullet> Are there components that should be added to or removed 
from the list?
    <bullet> Is it possible to demonstrate compatibility for these 
components?
    2--Methods To Demonstrate Compatibility--Many tanks and piping have 
been tested and are listed by UL for compatibility with ethanol blends. 
EPA considers this to be an effective method for demonstrating 
compatibility. However, many other components of the UST system may not 
have been tested with ethanol and are not listed by UL for 
compatibility with ethanol blends. In addition, no UST equipment is UL-
listed for use with biodiesel blends. Some existing UST system 
components might be compatible with ethanol or biodiesel blends, 
although the equipment may not have a certification or listing from an 
independent testing laboratory specific to the fuel blend. As a result, 
EPA is proposing manufacturer approval as another acceptable method for 
demonstrating compatibility. Also, states may believe that there are 
other reasonable ways to demonstrate compatibility. With that in mind, 
EPA is considering providing flexibility for states who wish to take a 
different approach for demonstrating compatibility, as long as that 
approach sufficiently protects human health and

[[Page 70245]]

the environment. EPA proposes to recommend the following methods for 
demonstrating compatibility:
    <bullet> Certification or listing by an independent test 
laboratory;
    <bullet> Equipment manufacturer approval; or
    <bullet> Another method determined by the implementing agency to 
sufficiently protect human health and the environment. EPA will work 
with states as they evaluate other acceptable methods.
    Although some states allow a professional engineer (P.E.) to make a 
compatibility determination, EPA does not believe a blanket acceptance 
of P.E. certification is a good approach. There are numerous types of 
P.E.s, any one of which is not likely to cover all aspects of materials 
science and UST equipment compatibility. Further, states that allow 
this option indicated that it is not being used. If additional states 
consider allowing a P.E. to make a compatibility determination for UST 
equipment, EPA will discuss that option with those states.
    Questions for commenters:
    <bullet> Are the methods for demonstrating compatibility, as 
described above, appropriate?
    <bullet> Are these options feasible for UST owners?
    <bullet> Are there other reasonable methods EPA should include?
    3--Criteria for Equipment Manufacturer Approval as a Compatibility 
Method--EPA understands that an independent testing laboratory 
certification may be the most standardized, consistent, and 
recognizable way to demonstrate compatibility. However, EPA wants to 
provide flexibility and is also considering relying on a statement of 
compatibility by the manufacturer as a secondary method for owners and 
operators, and to demonstrate compatibility of their UST equipment. EPA 
is considering numerous forms for manufacturer approvals. For example, 
EPA is considering items such as product warranties, brochures, or 
letters from manufacturers as acceptable equipment manufacturer 
approvals. EPA believes manufacturer approvals should include these 
three criteria in order to adequately demonstrate compatibility:
    <bullet> Be in writing;
    <bullet> Indicate affirmative statements of compatibility; and
    <bullet> Be from the equipment manufacturer, not another entity 
(such as the installer or distributor).
    Questions for commenters:
    <bullet> Are these three criteria appropriate?
    <bullet> Are manufacturers willing and able to produce this 
approval?
    <bullet> Are there other tools which might assist UST owners to 
obtain this information?
    4--Applicability to Biodiesel Blends--EPA proposes to include 
biodiesel blends in its guidance because of the increased use of 
biodiesel across the U.S., as well as the fact that many states already 
address biodiesel blends in their compatibility policies. EPA 
understands compatibility issues with biodiesel-blended fuels may be 
different than those experienced with ethanol-blended fuels and 
acknowledges that determining a percentage threshold in the absence of 
compatibility data may be either unnecessarily stringent or not 
sufficiently protective. However, lack of compatibility information for 
biodiesel and biodiesel blends makes it difficult to determine whether 
UST system materials and equipment are compromised by storing biodiesel 
blends and at what approximate blend percentage compatibility problems 
occur. EPA seeks input about the percentage of biodiesel where 
compatibility becomes a potential concern.
    Questions for commenters:
    <bullet> Should EPA include biodiesel blends in the guidance?
    <bullet> What biodiesel blend percentage should EPA use in the 
guidance? Please provide data to support the percentage.
    5--Ability To Demonstrate Compatibility Using the Proposed 
Guidance--Due to the long expected lifetime of USTs and the high 
turnover rate of owners and operators, EPA understands it will be 
difficult for many owners and operators to locate documentation for 
much of their equipment. Without knowing what equipment is installed at 
the site, demonstrating compatibility may be difficult for those who 
wish to store and sell biofuel blends. In addition, some equipment may 
simply not be compatible with some biofuel blends.
    Based on the list of UST components and methods described above in 
issues 1 and 2, respectively, EPA requests comment on the following:
    <bullet> How difficult will it be for owners and operators to 
demonstrate compatibility for each of these components?
    <bullet> How many UST facilities will not be able to demonstrate 
compatibility based on these criteria?
    <bullet> What would be necessary for these facilities to come into 
compliance (for example, replace seals, replace release detection 
probes, replace the entire UST system, etc.)?
    6--Other Options That Sufficiently Protect Human Health and the 
Environment--In light of the discussion under issue 5 above, EPA 
recognizes that some owners and operators of UST system components may 
not be able to demonstrate compatibility or may find it difficult to do 
so. Because of this, EPA is seeking input on alternatives that would 
sufficiently protect human health and the environment, even though they 
are outside the scope of the proposed guidance. For example, there 
might be additional activities owners and operators could perform in 
the absence of being able to demonstrate compatibility that would 
result in sufficient protection of human health and the environment.
    Question for commenters:
    <bullet> Without documentation, are there alternative methods UST 
owners and operators could rely on or activities they could perform 
that would sufficiently protect human health and the environment? 
Please be specific and provide data to support your alternative.

Proposed Guidance

Guidance on the Compatibility of Underground Storage Tank Systems With 
Ethanol Blends Greater Than Ten Percent and Biodiesel Blends Greater 
Than [To Be Determined (TBD)] Percent [Insert Date]

    This guidance clarifies how owners and operators of underground 
storage tanks (USTs) can comply with EPA's compatibility requirement 
(40 CFR 280.32) when storing certain biofuels (ethanol-blended fuels 
greater than 10 percent and biodiesel-blended fuels greater than [TBD] 
percent). EPA promulgated this requirement (and all other UST 
requirements) under the authority of Subtitle I of the Solid Waste 
Disposal Act, as amended.
    In March 2009, EPA received a Clean Air Act (CAA) waiver 
application to increase the allowable ethanol content of a gasoline-
ethanol blended fuel from 10 volume percent ethanol to 15 volume 
percent ethanol.\3\ EPA recently conditionally granted a partial waiver 
that allows gasoline-ethanol blends that contain greater than 10 volume 
percent ethanol up to 15 volume percent ethanol (E15) to be introduced 
into commerce for use in 2007 and newer model year light-duty motor 
vehicles, which includes passenger cars, light-duty trucks and medium-
duty passenger vehicles such as some sport utility vehicles (SUVs).\4\ 
If other state, federal, and industry practices also support such

[[Page 70246]]

introduction, E15 may become available in the marketplace. Thus, EPA 
anticipates that some UST system owners and operators may choose to 
store higher percentages of ethanol in their UST systems.
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    \3\ See 74FR18228 (April 21, 2009).
    \4\ See 75FR68043 (November 4, 2010).
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    Please note that this action under the CAA has no bearing on an UST 
owner or operator's requirement to comply with all applicable EPA UST 
regulations, including the UST compatibility requirement in 40 CFR 
280.32. Specifically, in order to ensure the safe storage of higher 
ethanol and biodiesel blends under EPA's UST program, owners and 
operators must meet the compatibility requirement for UST systems.
    40 CFR 280.32 states that ``[o]wners and operators must use an UST 
system made of or lined with materials that are compatible with the 
substance stored in the UST system.'' Because the chemical and physical 
properties of ethanol and biodiesel blends may make them more 
aggressive to certain UST system materials than petroleum, it is 
important to ensure that all UST system components in contact with 
biofuels are materially compatible with that fuel.
UST System Components That May Be Affected by Biofuel Blends
    To meet Sec.  280.32, owners and operators of UST systems storing 
ethanol-blended fuels greater than 10 percent ethanol or greater than 
[TBD] percent biodiesel must use compatible equipment. At a minimum, 
the following UST system equipment must be compatible:
    <bullet> Tank or internal tank lining;
    <bullet> Piping;
    <bullet> Pipe adhesives and glues;
    <bullet> Line leak detectors;
    <bullet> Flexible connectors;
    <bullet> Fill pipe;
    <bullet> Spill and overfill prevention equipment;
    <bullet> Submersible turbine pump and components;
    <bullet> Fittings, gaskets, bushings, couplings, and boots;
    <bullet> Containment sumps (including submersible turbine sumps and 
under dispenser containment);
    <bullet> Release detection floats, sensors, and probes.
Options for Meeting the Compatibility Requirement
    Currently, EPA believes that the most effective options for owners 
and operators of UST systems storing ethanol-blended fuels greater than 
10 percent ethanol and biodiesel-blended fuels greater than [TBD] 
percent biodiesel to ensure compatibility under this requirement are:
    <bullet> Use components that are certified or listed by an 
independent test laboratory for use with the fuel stored (for example, 
Underwriters Laboratories);
    <bullet> Use components approved by the manufacturer to be 
compatible with the fuel stored. EPA considers acceptable forms of 
manufacturer approvals to be:
    [cir] Be in writing;
    [cir] Indicate an affirmative statement of compatibility; and
    [cir] Be from the equipment manufacturer, not another entity (such 
as the installer or distributor); or
    <bullet> Use another method determined by the implementing agency 
to sufficiently protect human health and the environment. EPA will work 
with states as they evaluate other acceptable methods.

Note About Using API 1626 To Meet the Compatibility Requirement

    Currently, a note in the federal UST regulations allows owners and 
operators to use the American Petroleum Institute's (API) Recommended 
Practice 1626, an industry code of practice, to meet the compatibility 
requirement for ethanol blended fuels. The original version of API 1626 
(1st ed. 1985, reaffirmed in 2000) applies to up to 10 percent ethanol 
blended with gasoline and is not applicable to meet the compatibility 
requirement for ethanol blends greater than 10 percent. In August 2010, 
API published a second edition of API 1626. The second edition does 
address ethanol blends greater than 10 percent, and may also be used as 
a method for demonstrating compatibility.
    Please note that state underground storage tank program regulations 
may be more stringent than the federal UST regulations, so owners and 
operators should always check with their states about state program 
requirements. Also, this guidance will apply in Indian country and in 
states that do not have state program approval (SPA). Because states 
with SPA must have a compatibility requirement that is similar to the 
federal compatibility requirement, SPA states could find this guidance 
relevant and useful to them as well.
    If you have questions about this guidance, please contact Andrea 
Barbery at <a href="/cdn-cgi/l/email-protection#bddfdccfdfd8cfc493dcd3d9cfd8dcfdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="294b485b4b4c5b500748474d5b4c48694c5948074e465f">[email protected]</span></a> or (703) 603-7137.

    Dated: November 8, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-28968 Filed 11-16-10; 8:45 am]
BILLING CODE 6560-50-P


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