Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 39095 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 6.5 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 161,682. 

Frequency of response: Varies by 

requirement (i.e., on occasion, monthly, 

quarterly, semi-annually, and annually). 

Estimated total average number of 

responses for each respondent: 3.1. 

Estimated total annual burden hours: 

3,249,695 hours. 

Estimated total annual costs: 

$119,174,000. This includes an 

estimated burden cost of $97,636,000 

and an estimated cost of $21,538,000 for 

capital investment or maintenance and 

operational costs. 

Are there changes in the estimates from 

the last approval? 

There is no estimated increase or 

decrease of hours in the total estimated 

respondent burden compared with that 

identified in the ICR currently approved 

by OMB. 

What is the next step in the process for 

these ICRs? 

EPA will consider the comments 

received and amend the ICRs as 

appropriate. The final ICR packages will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice pursuant 

to 5 CFR 1320.5(a)(1)(iv) to announce 

the submission of the ICRs to OMB and 

the opportunity to submit additional 

comments to OMB. If you have any 

questions about these ICRs or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: June 28, 2011. 

Ronald W. Bergman, 

Acting Director, Office of Ground Water and 

Drinking Water. 

[FR Doc. 2011–16731 Filed 7–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–UST–2010–0651; FRL–9428–8] 

Compatibility of Underground Storage 

Tank Systems With Biofuel Blends 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final guidance. 

SUMMARY: EPA is issuing final guidance 

on how owners and operators of 

underground storage tanks (USTs) can 

demonstrate compliance with the 

Federal compatibility requirement for 

UST systems storing gasoline containing 

greater than 10 percent ethanol or diesel 

containing greater than 20 percent 

biodiesel. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–HQ–UST–2010–0651. All 

documents and public comments in the 

document are available at http:// 

www.regulations.gov or in hard copy at 

the UST Docket in the EPA 

Headquarters Library, located at EPA 

West Building, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744. 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, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (703) 

603–7137; e-mail address: 

barbery.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This guidance is for owners and 

operators of underground storage tank 

(UST) systems (hereafter referred to as 

tank owners) regulated by 40 CFR Part 

280, who intend to store gasoline 

blended with greater than 10 percent 

ethanol or diesel blended with greater 

than 20 percent biodiesel. 

40 CFR Part 280, and therefore this 

guidance, applies in Indian country and 

in states and territories (hereafter 

referred to as states) that do not have 

state program approval (SPA). You can 

view a map of SPA states with approved 

UST programs at: http://www.epa.gov/ 

oust/states/spamap.htm. SPA states 

may find this guidance relevant and 

useful because they also have a 

compatibility requirement that is similar 

to the Federal compatibility 

requirement. You can view statespecific requirements for SPA states at: 

http://www.epa.gov/oust/fedlaws/ 

spa_frs.htm. 

B. How can I get copies of this document 

and other related information? 

1. Docket. EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–UST–2010–0651. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the UST Docket in the EPA Docket 

Center, located at EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20460. The EPA 

Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744. The telephone number for 

the UST Docket is (202) 566–0270. 

2. Electronic Access. EPA established 

a docket for this action under Docket ID 

No. EPA–HQ–UST–2010–0651. All 

documents and public comments in the 

document are available at http:// 

www.regulations.gov. In addition to 

being available in the UST docket, an 

electronic copy of this guidance is also 

available on EPA’s Office of 

Underground Storage Tanks Web site at 

http://www.epa.gov/oust. 

II. Background 

A. Statutory Authority 

This guidance discusses the Federal 

UST compatibility requirement 

promulgated under the authority of 

Subtitle I of the Solid Waste Disposal 

Act (SWDA), as amended. 42 U.S.C. 

6991b et seq. You can find this 

requirement, which is referenced and 

discussed in the guidance, 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 

(SWDA), as amended. Tanks storing 


srobinson on DSK4SPTVN1PROD with NOTICES
39096 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 

1Renewable Fuels Association, ‘‘Building Bridges 

to a More Sustainable Future: 2011 Ethanol 

Industry Outlook.’’ http://www.ethanolrfa.org/page/ 

-/2011%20RFA%20Ethanol%20Industry%20

Outlook.pdf?nocdn=1. 

2Oak Ridge National Laboratory, ‘‘Intermediate 

Ethanol Blends Infrastructure Materials 

Compatibility Study: Elastomers, Metals, and 

Sealants’’ (March 2011). Available in the UST 

Docket under Docket ID No. EPA–HQ–UST–2010– 

0651. 

3Underwriters Laboratories, Inc., ‘‘Underwriters 

Laboratories Research Program on Material 

Compatibility and Test Protocols for E85 

Dispensing Equipment’’ (December 2007). Available 

in the UST Docket under Docket ID No. EPA–HQ– 

UST–2010–0651. 

4Westbrook, P.A., ‘‘Compatibility and 

Permeability of Oxygenated Fuels to Materials in 

Underground Storage and Dispensing Equipment’’ 

gasoline or diesel mixed with ethanol or 

biodiesel are regulated, although pure 

ethanol and biodiesel are not regulated 

substances under Subtitle I of SWDA. 

For the purposes of this guidance, EPA 

considers an ethanol-blended fuel to be 

any amount of ethanol mixed with 

petroleum gasoline, and a biodieselblended fuel to be any amount of 

biodiesel mixed with petroleum diesel. 

The Federal UST regulation in 40 CFR 

part 280 addresses preventing and 

detecting UST system releases; the 

provision in 40 CFR 280.32 requires the 

UST system be compatible with the 

substance stored. As the United States 

moves toward an increased use of 

biofuels, including ethanol and 

biodiesel, compliance with the UST 

compatibility requirement becomes 

even more important, since biofuel 

blends can compromise the integrity of 

some UST system materials (see 

following sections). Today’s Federal 

Register notice issues guidance on how 

owners and operators of UST systems 

storing fuels containing greater than 10 

percent ethanol or greater than 20 

percent biodiesel can demonstrate 

compliance with the UST compatibility 

requirement. 

As of September 30, 2010, there are 

approximately 600,000 regulated USTs 

at 215,000 facilities nationwide. Based 

on the size and diversity of the 

regulated community, states are in the 

best position to implement UST 

program requirements, and are therefore 

primarily responsible for the 

implementation of the UST program. 

Subtitle I of SWDA, as amended, allows 

state UST programs approved by EPA to 

operate in lieu of the Federal UST 

program. 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, as defined by 40 CFR 

280.12, includes ‘‘* * * an 

underground storage tank, connected 

underground piping, underground 

ancillary equipment, and containment 

system, if any.’’ Ancillary equipment 

includes ‘‘* * * any devices including, 

but not limited to, such devices as 

piping, fittings, flanges, valves, and 

pumps used to distribute, meter, or 

control the flow of regulated substances 

to and from an UST.’’ Fuel dispensers 

are not part of the UST system as 

defined by 40 CFR 280.12. This means 

the compatibility requirement in 40 CFR 

280.32 does not apply to dispensers. 

C. Compatibility of UST Systems With 

Biofuels 

The Federal UST regulation in 40 CFR 

280.32 requires, ‘‘Owners and operators 

must use an UST system made of or 

lined with materials that are compatible 

with the substance stored in the UST 

system.’’ EPA understands that the 

chemical and physical properties of 

ethanol and biodiesel can be more 

degrading to certain UST system 

materials than petroleum alone, so 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 

tank owners to demonstrate 

compatibility by using equipment that is 

certified or listed by a nationally 

recognized, independent testing 

laboratory, such as Underwriters 

Laboratories (UL). However, based on 

EPA’s understanding of UL listings, 

many UST system components in use 

today, with the exception of certain 

tanks and piping, have not been tested 

by UL or any other nationally 

recognized, independent testing 

laboratory for compatibility with 

ethanol blends greater than 10 percent. 

In addition, EPA is not aware of any 

nationally recognized, independent 

testing laboratory that has performed 

testing on UST system components with 

biodiesel-blended fuels. Absent 

certification or listing from a nationally 

recognized, independent testing 

laboratory, or other verification that 

equipment is compatible with anything 

beyond conventional fuels, the 

suitability of these components for use 

with ethanol or biodiesel blends comes 

into question. 

1. Compatibility of UST Equipment 

With Ethanol-Blended Fuel 

Gasoline containing 10 percent or less 

ethanol has been used in parts of the 

United States for many years. According 

to the Renewable Fuels Association, 

ethanol is blended into over 90 percent 

of all gasoline sold in the country.1

Recently, there has been a movement 

toward higher blends of ethanol, due in 

part to recent Federal and state laws 

encouraging the increased use of 

biofuels. Certain 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, such as leak detection 

devices, sealants, and containment 

sumps, may not be listed by UL or 

another nationally recognized, 

independent testing laboratory for 

compatibility with these blends. 

EPA expects Federal and state laws 

encouraging increased use of biofuels to 

translate into a greater number of UST 

systems storing ethanol blends, as well 

as a greater number of UST systems 

storing ethanol blends greater than 10 

percent. EPA is aware of material 

compatibility concerns associated with 

some UST system equipment storing 

higher ethanol blends, such as gasoline 

blended with up to 85 percent ethanol 

(E85), 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 it is common for tank owners 

to use their tanks for 30 years or more, 

most UST systems currently in use are 

likely to contain components not 

designed to store ethanol blends greater 

than 10 percent. Components of these 

older systems may not be certified or 

listed by UL or another nationally 

recognized, independent testing 

laboratory for use with these blends. 

Although very little data pertaining to 

the compatibility of UST equipment 

with ethanol blends exist, literature 

suggests that intermediate ethanol 

blends may have the most degrading 

effect on some UST system materials. A 

recent study performed by U.S. 

Department of Energy’s Oak Ridge 

National Laboratory indicates some 

elastomeric materials are particularly 

affected by intermediate ethanol blends 

and certain sealants may not be suitable 

for any ethanol-blended fuels.2 A 2007 

report from UL 3 evaluated the effect of 

85 percent ethanol and 25 percent 

ethanol blends on dispenser 

components. Results indicated 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. Other 

literature suggests alcohol fuel blends 

can be more aggressive toward certain 

materials than independent fuel 

constituents, with maximum polymer 

swelling observed at approximately 15 

percent ethanol by volume.4


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 39097 

(January 1999). Available in the UST Docket under 

Docket ID No. EPA–HQ–UST–2010–0651. 

5National Renewable Energy Laboratory, 

‘‘Biodiesel Handling and Use Guide, Fourth 

Edition.’’ (2009). Available in the UST Docket 

under Docket ID No. EPA–HQ–UST–2010–0651. 

6ASTM Standard D975, 2010c ‘‘Standard 

Specification for Diesel Fuel Oils,’’ ASTM 

International, West Conshohocken, PA, 2010, DOI: 

10.1520/D0975–10C, www.astm.org. 

7National Renewable Energy Laboratory, 

‘‘Biodiesel Handling and Use Guide, Fourth 

Edition.’’ (2009). Available in the UST Docket 

under Docket ID No. EPA–HQ–UST–2010–0651. 

8Wisconsin, Colorado, and South Carolina are 

examples of states with compatibility policies that 

address biodiesel. These documents are available in 

the UST Docket under Docket ID No. EPA–HQ– 

UST–2010–0651. 

9See 74 FR 18228 (April 21, 2009). 

10See 75 FR 68093 (November 4, 2010), and 76 

FR 4662 (January 26, 2011). 

11See 75 FR 70241 (November 17, 2010). 

2. Compatibility of UST Equipment 

With Biodiesel-Blended Fuel 

In addition to ethanol, biodiesel is 

becoming increasingly available across 

the United States, though its total use is 

significantly less than that of ethanolblended gasoline. EPA understands 

some tank owners are storing blends of 

biodiesel and petroleum diesel ranging 

from 2–99 percent biodiesel (B2–B99, 

respectively) in UST systems, with the 

vast majority of biodiesel tanks storing 

biodiesel at concentrations of 20 percent 

(B20) or less. Although there is little 

information available regarding the 

compatibility of UST system equipment 

with biodiesel blends, there are known 

compatibility issues for pure biodiesel 

(B100). According to the U.S. 

Department of Energy’s National 

Renewable Energy Laboratory (NREL) 

Biodiesel Handling and Use Guide, 

Fourth Edition,5 ‘‘B100 will degrade, 

soften, or seep through some hoses, 

gaskets, seals, elastomers, glues, and 

plastics with prolonged exposure * * * 

Nitrile rubber compounds, 

polypropylene, polyvinyl, and Tygon® 

materials are particularly vulnerable to 

B100.’’ 

In contrast, the properties of very low 

blends of biodiesel (B5 or less) are so 

similar to those of petroleum diesel that 

ASTM International (ASTM) considers 

conventional diesel that contains up to 

5 percent biodiesel to meet its 

‘‘Standard Specification for Diesel Fuel 

Oils’’.6 For biodiesel blends between 5 

and 100 percent, there is very little 

compatibility information; however, 

NREL’s handling and use guide 

concludes that biodiesel blends of B20 

or less have less of an effect on materials 

and very low blends of biodiesel (for 

example, B5 and B2) ‘‘* * * have no 

noticeable effect on materials 

compatibility.’’ 7 In addition, fleet 

service sites have stored B20 in USTs 

for years, and EPA is not aware of 

compatibility-related releases associated 

with those USTs storing B20. Based on 

these experiences, some states 

developed UST compatibility policies 

similar to today’s final guidance, and 

they chose a mix of thresholds: B5, B10, 

and B20.8

D. EPA E15 Waivers 

In March 2009, EPA received a Clean 

Air Act (CAA) waiver application to 

increase the allowable ethanol content 

of gasoline-ethanol blended fuel from 10 

percent ethanol to 15 percent ethanol.9

In October 2010 and January 2011, EPA 

conditionally granted partial waivers 

that allow gasoline-ethanol blends 

containing greater than 10 percent 

ethanol up to 15 percent ethanol (E15) 

to be introduced into commerce for use 

in 2001 and newer model year lightduty motor vehicles (which include 

passenger cars, light-duty trucks, and 

medium-duty passenger vehicles such 

as some sport utility vehicles).10 If other 

state, Federal, and industry practices 

also support the introduction of E15 

into commerce, EPA anticipates some 

tank owners may choose to store higher 

percentages of ethanol in their UST 

systems when these fuels become 

available. 

Please note that this action under the 

CAA has no legal bearing on the 

requirement for tank owners to comply 

with all applicable UST regulations, 

including the UST compatibility 

requirement in 40 CFR 280.32. Under 

the existing Federal UST regulation, 

tank owners must meet the 

compatibility requirement for UST 

systems to ensure safe storage of any 

regulated substance, including higher 

ethanol and biodiesel blends. 

E. November 17, 2010 Federal Register 

Notice and Request for Comments 

On November 17, 2010, EPA 

published draft guidance in the Federal 

Register to solicit public comments on 

proposed options to help tank owners in 

complying with the Federal 

compatibility requirement for UST 

systems storing gasoline containing 

greater than 10 percent ethanol and 

diesel containing a to-be-determined 

amount of biodiesel.11 EPA solicited 

comments on a number of issues, 

including: UST components that may be 

affected by biofuel blends; methods to 

demonstrate compatibility; criteria for 

equipment manufacturer approval as a 

compatibility method; applicability to 

biodiesel blends; ability to demonstrate 

compatibility using the proposed 

guidance; and other options that would 

sufficiently protect human health and 

the environment. The 30 day public 

comment period ended December 17, 

2010. In response to the notice and 

proposed guidance, EPA received 27 

comments from states, petroleum 

marketers, tank owners, biofuel groups, 

equipment manufacturers, and others. 

These comments are available in EPA’s 

UST Docket under Docket ID No. EPA– 

HQ–UST–2010–0651 and are 

summarized and addressed in the 

following section. 

III. Response to Public Comments 

A. UST Components That May Be 

Affected by Biofuel Blends 

In the Federal Register notice, EPA 

asked for comments on the proposed list 

of UST system components that may be 

affected by biofuel blends. Most 

commenters generally supported the 

proposed list, though some suggested 

additions or deletions. Many 

commenters suggested the list should 

include components such as shear 

valves, fill and riser caps, and vapor 

recovery equipment. EPA’s intent is to 

identify all equipment that falls under 

the definition of UST system in 40 CFR 

280.12, which, if incompatible, would 

lead to a liquid release to the 

environment. Therefore, EPA is adding 

the product shear valve and fill and 

riser caps to the list because: if a 

product shear valve is incompatible, 

product may be released if the dispenser 

is dislodged; if a riser cap fails, the 

overfill flow restrictor may no longer 

alert the transfer operator prior to 

overfilling a tank. EPA is not including 

vapor recovery equipment because these 

components do not routinely contain 

liquid product. Incompatibility of vapor 

recovery equipment would be less likely 

to result in a liquid release to the 

environment. 

Based on commenters’ input, EPA is 

removing from the list pipe adhesives 

and glues, because these components 

are typically used as part of the 

fiberglass piping and their compatibility 

is linked to that piping. That is, an UST 

contractor installing a new UST system 

does not have discretion over which 

pipe adhesives to use in the field. The 

pipe manufacturer provides these 

adhesives, also commonly referred to as 

glues, along with the piping as a 

complete set. Because these are not 

discretionary components, tank 

installers have not historically 

documented the type of pipe adhesive 

used during installation. As a result, a 

tank owner would have difficulty 

finding records about the type of pipe 

adhesives used in the piping system. 


srobinson on DSK4SPTVN1PROD with NOTICES
39098 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 

12Boyce, K.; Chapin, J.T. (2010). ‘‘Dispensing 

Equipment Testing with Mid-Level Ethanol/ 

Gasoline Test Fluid: Summary Report.’’ NREL 

Report No. SR–7A20–49187. Available in the UST 

Docket under Docket ID No. EPA–HQ–UST–2010– 

0651. 

13 29 CFR 1910.106. 14U.S. Department of Energy, ‘‘Handbook for 

Handling, Storing, and Dispensing E85.’’ (2010). 

Available in the UST Docket under Docket ID No. 

EPA–HQ–UST–2010–0651. 

15UL does not require special investigation for 

products intended to use biodiesel blends up to B5 

that meets ASTM D975 fuel quality specifications. 

Available at: http://www.ul.com/global/eng/pages/

offerings/industries/appliancesandhvac/gasoil

solidfuel/release/. 

According to manufacturers, piping and 

its adhesives have been compatible with 

ethanol blends for many years before UL 

included ethanol blends as a test fluid. 

Therefore, pipe adhesives and glues are 

covered under the general category of 

piping. 

Many commenters strongly 

recommended EPA include dispensers 

on the list; however, EPA does not 

regulate aboveground equipment, such 

as dispensers, under 40 CFR Part 280. 

Because EPA understands this 

distinction might not be obvious to tank 

owners and there are known material 

compatibility issues with dispenser 

components,12 EPA is recommending 

tank owners determine if other Federal, 

state, or local requirements apply to 

their storing and dispensing equipment. 

For example, the U.S. Occupational 

Safety and Health Administration has 

listing requirements that apply to 

dispensing equipment,13 and many state 

and local regulatory agencies adopted 

codes of practice such as National Fire 

Prevention Association codes and the 

International Fire Code. For information 

on which dispensers are listed for 

higher blends of ethanol, please see 

Appendix F of the Department of 

Energy’s Handbook for Handling, 

Storing, and Dispensing E85.14

EPA is making one additional change 

by including further clarification 

regarding newly installed equipment 

versus equipment that has undergone 

maintenance where one or more 

components is replaced. For newly 

installed equipment comprised of 

multiple individual components and 

assembled by the manufacturer, some 

manufacturers provide a compatibility 

certification for the equipment as a 

whole. For example, a manufacturer 

may certify the entire submersible 

turbine pump as being compatible. The 

submersible turbine pump certification 

would include all components (gaskets, 

sealants, bushings, etc.) of the 

equipment assembled by the 

manufacturer. Therefore, an owner may 

obtain one certification for newly 

installed manufacturer-assembled 

equipment, as long as the manufacturer 

certifies the entire piece of equipment as 

compatible. However, over the lifetime 

of a typical UST system, equipment is 

likely to require maintenance, which 

may involve replacing parts like gaskets, 

sealants, and bushings. It is important 

for tank owners to use compatible 

replacement parts, especially since 

these components are sometimes 

constructed of materials that are not 

compatible with biofuel blends. 

Therefore, equipment components (such 

as gaskets, sealants, bushings, etc.) 

replaced after the equipment was 

originally installed will not be covered 

by the original manufacturer’s approval. 

B. Methods To Demonstrate 

Compatibility and Criteria for 

Manufacturer Certification 

In the proposed guidance, EPA asked 

for comment on the appropriateness and 

feasibility of using these methods to 

demonstrate compatibility: 

• Certification or listing by an 

independent test laboratory; 

• Equipment manufacturer approval; 

or 

• 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. 

Many commenters, including states, 

were concerned with the manufacturer 

approval option as a way to demonstrate 

UST system compatibility. Some 

thought this method would be better 

supported if manufacturers submitted 

compatibility test data as qualitative 

proof of compatibility. We acknowledge 

that the element of testing may make 

commenters more comfortable with 

allowing manufacturer’s selfcertification. However, absent nationally 

recognized compatibility test protocols 

for each component and general 

agreement on what constitutes 

acceptable test results, regulatory 

agencies are not in a position to assess 

the sufficiency of the tests. 

After additional discussions with 

states and industry, EPA concluded that 

equipment manufacturers are uniquely 

suited to attest to the compatibility of 

their products and have an incentive to 

make truthful claims regarding use of 

their equipment with biofuel blends. 

Further, the manufacturer certification 

option is critical for components that do 

not have a certification or listing by a 

nationally recognized, independent 

testing laboratory. For example, 

biodiesel blends are not addressed by 

any nationally recognized, independent 

testing laboratory standards for UST 

equipment.15 Therefore, EPA is keeping 

the manufacturer certification option in 

today’s final guidance. 

Other commenters warned that tank 

owners might obtain product brochures 

or other information with a general 

claim such as, biofuel-compatible, 

which may pertain to some biofuel 

blends but not others. To address this 

concern, EPA is including an additional 

element under the manufacturer’s 

certification option to specify the range 

of biofuel blends the component is 

compatible with. This will better ensure 

components are compatible with the 

fuel blend stored. 

Some commenters recommended EPA 

allow a Professional Engineer (P.E.) to 

make a compatibility determination. 

Although using P.E.s to determine 

compatibility is an option in some 

states, EPA understands tank owners are 

not using this option. There are 

numerous types of P.E.s, any of which 

is not likely to cover all aspects of 

materials science and UST equipment 

compatibility. If a tank owner is not able 

to provide information about the type of 

equipment at the facility, a P.E. would 

not be able to make a well informed 

decision regarding the compatibility of 

below-ground equipment with any fuel. 

Therefore, for the purposes of the 

Federal UST program as implemented 

under 40 CFR parts 280 and 281, EPA 

does not believe blanket acceptance of 

P.E. certification is an appropriate 

approach. 

Similarly, some commenters 

recommended EPA allow tank owners 

to use other credible third-party 

determinations, such as a white paper 

on compatibility, to demonstrate 

compatibility. Without reference to an 

existing model of this idea, EPA does 

not think it is appropriate to speculate 

as to what criteria a white paper should 

meet or what other third-party groups 

would be credible. EPA’s options in 

today’s guidance allow flexibility for 

implementing agencies to adopt other 

methods if, in the future, a white paper 

or other tool is produced and 

implementing agencies determine it is a 

credible and appropriate demonstration 

of compatibility. 

Some commenters suggested that EPA 

allow the National Work Group on Leak 

Detection Evaluations (NWGLDE) to act 

as an independent third party, since 

NWGLDE is involved in evaluating leak 

detection equipment. However, 

NWGLDE specifically does not make 

claims regarding material compatibility 

of leak detection equipment with 

biofuels, and it is unlikely to do so in 

the future. Therefore in today’s final 


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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 39099 

16 Ken Wilcox Associates, Inc., ‘‘Effects of 

Biodiesel Blends On Leak Detection for 

Underground Storage Tanks and Lines,’’ August 18, 

2010. Available in the UST Docket under Docket ID 

No. EPA–HQ–UST–2010–0651. 

17National Renewable Energy Laboratory, 

‘‘Biodiesel Handling and Use Guide, Fourth 

Edition.’’ (2009). Available in the UST Docket 

under Docket ID No. EPA–HQ–UST–2010–0651. 

guidance, EPA is not including use of 

NWGLDE as an option to demonstrate 

compatibility. 

Some commenters did not think it is 

appropriate to allow implementing 

agencies to use other options because 

this would lead to a patchwork of 

compatibility standards across the 

country. EPA understands the difficulty 

for tank owners to keep up with UST 

requirements in 56 states. However, 

states’ discretion is a hallmark of the 

UST program. Currently, 38 states have 

UST programs approved by EPA to 

operate in lieu of the Federal UST 

program. These 38 states with State 

Program Approval (SPA) may or may 

not rely on the recommendations in this 

guidance. EPA will continue to allow 

other options, as long as those options 

sufficiently protect human health and 

the environment. 

Other commenters expressed concern 

about the proposed methods because 

they do not allow for some equipment 

to be used. Commenters said there could 

be an instance where a certification or 

listing from a nationally recognized, 

independent testing laboratory was not 

available at the time of manufacture, 

and the manufacturer is no longer in 

business or is unwilling to certify the 

component is compatible. EPA does not 

see a way to accommodate this situation 

while minimizing risk to the 

environment. If tank owners cannot 

demonstrate compatibility, they would 

not be able to store ethanol blends 

greater than 10 percent or biodiesel 

blends greater than 20 percent in the 

UST system. 

Finally, some commenters suggested 

adding ‘‘nationally recognized’’ to 

‘‘independent test laboratory.’’ EPA 

acknowledges that some states, other 

Federal agencies, and organizations 

refer to UL and other third party testing 

labs as ‘‘nationally recognized testing 

laboratories (NRTLs).’’ To maintain 

consistency with 40 CFR part 280, 

today’s guidance will use the term 

‘‘nationally recognized, independent 

testing laboratory.’’ EPA considers 

‘‘nationally recognized, independent 

testing laboratories’’ to be essentially the 

same as NRTLs. 

C. Biodiesel Blends 

In the November 17, 2010 Federal 

Register notice, EPA asked commenters 

if we should include biodiesel blends in 

the guidance. The majority of 

commenters agreed that USTs storing 

biodiesel blends should be subject to 

this guidance. EPA also requested 

feedback on what blend would be 

appropriate as a cutoff—that is, up to 

what blend level is the compatibility of 

biodiesel with UST equipment similar 

to the compatibility of petroleum diesel 

with UST equipment, and at what blend 

level do the known incompatibilities 

and the unknown risks necessitate 

further assurance of compatibility? Five 

percent biodiesel (B5), which is most 

commonly sold at retail facilities, and 

B20, which is more commonly used for 

vehicle fleets, were the two main 

options. Of those commenters who had 

an opinion on what biodiesel blend 

would be a reasonable cutoff, the 

majority chose B20, based largely on 

field experience and lack of 

compatibility issues with this blend. 

Some cited a report authored by Ken 

Wilcox 16 on leak detection devices used 

in biodiesel applications, though EPA 

notes this document addresses leak 

detection functionality, but not 

compatibility. More specific to 

compatibility, the aforementioned 

Biodiesel Handling and Use Guide 17

indicates that UST system materials 

should not experience compatibility 

issues with B20, so long as the biodiesel 

component meets fuel quality 

requirements in ASTM D6751. 

Some commenters recommended EPA 

set the threshold at less than 20 percent 

biodiesel, since compatibility is more 

certain for biodiesel blends up to B5. 

For example, UL issued a statement 

indicating that biodiesel blends up to B5 

meeting the fuel quality specification, 

ASTM D975, will not require special 

investigation by UL. Similarly, the 

Federal Trade Commission does not 

require B5 that meets ASTM D975 to be 

labeled, making it indistinguishable 

from conventional diesel fuel. Although 

this certainty does not exist for biodiesel 

blends between 5–20 percent, many 

states have experience with USTs 

storing biodiesel blends up to B20, and 

are not aware of any compatibility 

issues associated with those blends. 

Further, many fleet service sites, 

including state and local governments, 

use B20 to meet Federally mandated 

alternative fuel vehicle requirements 

and have experienced no compatibility 

problems with their UST equipment at 

this blend level. EPA is setting the 

threshold in today’s final guidance at 

B20 because: The properties of B5 are so 

similar to petroleum diesel; field 

experience with B20 has been generally 

positive; little information exists on 

compatibility of UST equipment with 

biodiesel blends between 20–99 percent; 

and there are known compatibility 

issues with pure biodiesel. Because 

nearly all biodiesel blends used today 

are B20 or less, this guidance in effect 

applies to a small number of regulated 

USTs storing very high blends of 

biodiesel. EPA intends to investigate 

biodiesel compatibility further in our 

proposed UST regulation, which we 

expect to release for public comment in 

summer 2011. If you have additional 

data on biodiesel compatibility, please 

provide it during that public comment 

period. 

D. Ability To Demonstrate Compatibility 

While commenters generally agreed 

with the options for demonstrating 

compatibility, they also emphasized 

that, largely due to a lack of records, a 

majority of tank owners would not be 

able to demonstrate compatibility of 

their existing UST systems with any 

new fuel. Despite this, commenters did 

not generally support or suggest using 

equipment that was not demonstrated to 

be compatible. EPA acknowledges the 

challenge of maintaining records for 

UST system components, as well as the 

burden associated with tracking down 

third party listings or manufacturer 

certifications for each component. 

However, the Federal UST compatibility 

requirement has been in place for over 

twenty years, and tank owners decide 

whether to store higher percentages of 

biofuels. Tank owners who intend to 

store ethanol blends greater than 10 

percent ethanol or biodiesel blends 

greater than 20 percent biodiesel will 

want to consider UST system 

compatibility as part of their overall 

business decisions. EPA believes most 

major components (tanks and pipes) are 

compatible with biofuel blends, and 

tank owners often have records of these 

components. It will be more difficult to 

obtain records for the smaller 

components, such as fittings, sealants, 

and boots, and therefore it will be more 

difficult to determine compatibility for 

these components. Because these 

smaller components are usually found 

in sumps, they can be accessed without 

excavation and changed out at a cost 

substantially less than the cost of an 

entire UST system replacement. 

Many commenters felt the burden of 

demonstrating compatibility for 

individual UST components should not 

be on tank owners but on equipment 

manufacturers. The Federal UST 

regulation does not apply to UST 

equipment manufacturers; it only 

applies to UST system owners and 

operators. Today’s guidance does not 

preclude a tank owner from obtaining 

assistance to make a compatibility 


srobinson on DSK4SPTVN1PROD with NOTICES
39100 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 

18See 74 FR 18228 (April 21, 2009). 

19See 75 FR 68093 (November 4, 2010), and 76 

FR 4662 (January 26, 2011). 

determination. In some states, a tank 

owner is assisted by a state-certified 

UST installer to identify the 

components in question and determine 

whether or not they are certified or 

listed by a nationally recognized, 

independent testing laboratory or 

otherwise approved by the equipment 

manufacturer for use with the intended 

fuel blend. 

E. Other Comments 

1. Functionality of UST Equipment 

Although the guidance addresses how 

tank owners can comply with the UST 

regulation compatibility requirement for 

ethanol blends greater than 10 percent 

and biodiesel blends greater than 20 

percent, many commenters asked EPA 

to expand the scope of the proposed 

guidance to address both compatibility 

and functionality with regard to leak 

detection equipment. EPA 

acknowledges the operability of some 

UST equipment may also be impacted 

by new fuels. In a separate effort, we are 

working to assess the functionality of 

leak detection equipment with ethanol 

blends. EPA expects that effort will 

provide information about what kinds of 

leak detection devices are suitable for 

use in ethanol blends. Also, some UST 

stakeholders are currently investigating 

functionality of other UST system 

components. EPA may be in a better 

position to issue guidance on UST 

equipment functionality after research 

and testing are complete. 

2. Additional Tools To Assist Tank 

Owners 

Some commenters suggested the most 

time-consuming portion of 

demonstrating compatibility is 

obtaining the documentation, and a tool 

to make the documentation more readily 

available would be helpful. In a separate 

effort, EPA will work with states and 

other stakeholders to consider useful 

resources to facilitate demonstrating 

compatibility. 

3. Alternatives to Compatibility 

In the proposed Federal Register 

notice, EPA asked if there were 

alternative methods tank owners could 

rely on or activities they could perform 

that would sufficiently protect human 

health and the environment. 

Commenters’ suggestions included: 

conducting more frequent inspections 

and monitoring, performing a risk-based 

assessment, and using a secondarily 

contained UST system with interstitial 

monitoring. Because the regulatory 

requirement for compatibility is already 

in place and these alternatives would 

require a regulatory change to 

implement, EPA intends to consider 

these and other alternatives as part of a 

proposed UST regulation revision. 

IV. Final Guidance 

Guidance on the Compatibility of 

Underground Storage Tank Systems 

With Ethanol Blends Greater Than 10 

Percent and Biodiesel Blends Greater 

Than 20 Percent 

This guidance discusses how owners 

and operators of underground storage 

tanks (USTs) regulated under 40 CFR 

part 280 can demonstrate compliance 

with EPA’s compatibility requirement 

(40 CFR 280.32) when storing gasoline 

containing greater than 10 percent 

ethanol or diesel containing greater than 

20 percent biodiesel. In 1988, EPA 

promulgated the compatibility 

requirement (and all other UST 

requirements) under the authority of 

Subtitle I of the Solid Waste Disposal 

Act, as amended. 

This guidance applies in Indian 

country and in states that do not have 

state program approval (SPA). Because 

SPA states must have a compatibility 

requirement that is similar to the 

Federal compatibility requirement, SPA 

states may find this guidance relevant 

and useful to them as well. 

The discussion in this document is 

intended solely as guidance. The 

statutory provisions and EPA 

regulations described in this document 

contain legally binding requirements. 

This document is not a regulation itself, 

nor does not it change or substitute for 

those provisions and regulations. Thus, 

it does not impose legally binding 

requirements on EPA, states, or the 

regulated community. 

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 percent ethanol to 15 percent 

ethanol.18 In October 2010 and January 

2011, EPA conditionally granted partial 

waivers, allowing gasoline-ethanol 

blends that contain greater than 10 

percent ethanol up to 15 percent ethanol 

(E15) to be introduced into commerce 

for use in 2001 and newer model year 

light-duty motor vehicles (which 

include passenger cars, light-duty 

trucks, and medium-duty passenger 

vehicles such as some sport utility 

vehicles).19 If other state, Federal, and 

industry practices also support this 

introduction, E15 may become available 

in the marketplace. As a result, EPA 

anticipates that some UST system 

owners and operators may choose to 

store higher percentages of ethanol in 

their UST systems. 

Please note that EPA’s partial waiver 

under the CAA has no legal bearing on 

an UST owner or operator’s requirement 

to comply with all applicable Federal 

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, or any other regulated 

substance, owners and operators must 

meet the existing compatibility 

requirement for UST systems. 

The UST compatibility requirement in 

40 CFR 280.32 states, ‘‘Owners 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 

that all UST system components in 

contact with ethanol or biodiesel blends 

are materially compatible with that fuel. 

UST System Components That May Be 

Affected by Biofuel Blends 

To be in compliance with 40 CFR 

280.32, owners and operators of UST 

systems storing ethanol-blended fuels 

greater than 10 percent ethanol or 

biodiesel-blended fuels greater than 20 

percent biodiesel must use compatible 

equipment. EPA considers the following 

parts of the UST system to be critical for 

demonstrating compatibility: 

• Tank or internal tank lining 

• Piping 

• Line leak detector 

• Flexible connectors 

• Drop tube 

• Spill and overfill prevention 

equipment 

• Submersible turbine pump and 

components 

• Sealants (including pipe dope and 

thread sealant), fittings, gaskets, o-rings, 

bushings, couplings, and boots 

• Containment sumps (including 

submersible turbine sumps and under 

dispenser containment) 

• Release detection floats, sensors, 

and probes 

• Fill and riser caps 

• Product shear valve 

For newly installed equipment 

comprised of multiple individual 

components such as submersible 

turbine pump assemblies, UST system 

owners and operators may obtain a 

certification from the equipment 

manufacturer documenting 

compatibility for the entire assembly. If 

equipment requires maintenance and 

components of that equipment (for 

example, sealants and gaskets) are 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 39101 

subsequently added or replaced, 

manufacturer approval of the overall 

component is not sufficient to 

demonstrate compatibility. 

Options for Meeting the Compatibility 

Requirement 

Acceptable methods for owners and 

operators of UST systems storing 

ethanol-blended fuels greater than 10 

percent ethanol or biodiesel-blended 

fuels greater than 20 percent biodiesel to 

demonstrate compatibility under 40 

CFR 280.32 are: 

• Use components that are certified or 

listed by a nationally recognized, 

independent testing laboratory (for 

example, Underwriters Laboratories) for 

use with the fuel stored; 

• Use components approved by the 

manufacturer to be compatible with the 

fuel stored. EPA considers acceptable 

forms of manufacturer approvals to: 

Æ Be in writing; 

Æ Indicate an affirmative statement of 

compatibility; 

Æ Specify the range of biofuel blends 

the component is compatible with; and 

Æ Be from the equipment 

manufacturer, not another entity (such 

as the installer or distributor); or 

• 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. 

Currently, a note in 40 CFR 280.32 

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 ethanolblended 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 addresses ethanol 

blends greater than 10 percent and may 

be used to demonstrate compatibility for 

UST systems storing ethanol blends. 

If the UST owner and operator is not 

able to demonstrate that the UST system 

is made of materials that are compatible 

with the ethanol blend or biodiesel 

blend stored, according to 40 CFR 

280.32, the UST owner and operator 

may not use the system to store those 

fuels. 

State UST program regulations may be 

more stringent than the Federal UST 

regulations. In addition to state and 

Federal UST requirements, UST system 

owners and operators may be subject to 

other Federal, state, or local regulatory 

requirements (for example, U.S. 

Occupational Safety and Health 

Administration, National Fire 

Prevention Association, and 

International Fire Code). UST system 

owners and operators should check with 

their state and local agencies to 

determine other requirements. 

If you have questions about this 

guidance, please contact Andrea 

Barbery at barbery.andrea@epa.gov or 

(703) 603–7137. 

Dated: June 17, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2011–16738 Filed 7–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

EPA–HQ–OW–2011–0409; FRL–9428–4] 

EPA and Army Corps of Engineers 

Guidance Regarding Identification of 

Waters Protected by the Clean Water 

Act 

AGENCY: Environmental Protection 

Agency (EPA); and U.S. Army Corps of 

Engineers, Department of the Army, 

Department of Defense. 

ACTION: Notice; extension of comment 

period. 

SUMMARY: On May 2, 2011, the U.S. 

Environmental Protection Agency (EPA) 

and the U.S. Army Corps of Engineers 

(the Corps) announced availability of 

draft guidance (76 FR 24479) that 

describes how the agencies will identify 

waters protected by the Federal Water 

Pollution Control Act Amendments of 

1972 (Clean Water Act or CWA or Act) 

and implement the Supreme Court’s 

decisions on this topic (i.e., Solid Waste 

Agency of Northern Cook County v. U.S. 

Army Corps of Engineers (SWANCC) 

(531 U.S. 159 (2001)) and Rapanos v. 

United States (547 U.S. 715 (2006)) 

(Rapanos)). The comment period was 

originally set to expire on July 1, 2011, 

and the agencies are extending the 

public comment period by 30 days. 

DATES: Public comments are due by July 

31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2011–0409 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ow-docket@epa.gov. Include 

EPA–HQ–OW–2011–0409 in the subject 

line of the message. 

• Mail: Send the original and three 

copies of your comments to: Water 

Docket, Environmental Protection 

Agency, Mail Code 2822T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, Attention: 

Docket ID No. EPA–HQ–OW–2011– 

0409. 

• Hand Delivery/Courier: Deliver 

your comments to EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OW–2011–0409. Such 

deliveries are accepted only during the 

Docket’s normal hours of operation, 

which are 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. The telephone number for 

the Water Docket is 202–566–2426. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2011– 

0409. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line 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 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 might not be 

able to consider your comment. Avoid 

the use of special characters and any 

form of encryption, and ensure that 

electronic files are free of any defects or 

viruses. For additional information 


srobinson on DSK4SPTVN1PROD with NOTICES