Compatibility of Underground Storage Tank Systems With Biofuel Blends, 39095-39101 [2011-16738]
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices
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Are there changes in the estimates from
the last approval?
There is no estimated increase or
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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
Environmental Protection
Agency (EPA).
ACTION: Notice of final guidance.
AGENCY:
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.
SUMMARY:
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 https://
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.
ADDRESSES:
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
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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: https://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:
https://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 https://
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
https://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
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices
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
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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
1 Renewable Fuels Association, ‘‘Building Bridges
to a More Sustainable Future: 2011 Ethanol
Industry Outlook.’’ https://www.ethanolrfa.org/page/
-/2011%20RFA%20Ethanol%20Industry%20
Outlook.pdf?nocdn=1.
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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
2 Oak 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.
3 Underwriters 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.
4 Westbrook, P.A., ‘‘Compatibility and
Permeability of Oxygenated Fuels to Materials in
Underground Storage and Dispensing Equipment’’
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they chose a mix of thresholds: B5, B10,
and B20.8
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
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2. Compatibility of UST Equipment
With Biodiesel-Blended Fuel
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.
(January 1999). Available in the UST Docket under
Docket ID No. EPA–HQ–UST–2010–0651.
5 National 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.
6 ASTM Standard D975, 2010c ‘‘Standard
Specification for Diesel Fuel Oils,’’ ASTM
International, West Conshohocken, PA, 2010, DOI:
10.1520/D0975–10C, www.astm.org.
7 National 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.
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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
8 Wisconsin, 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.
9 See 74 FR 18228 (April 21, 2009).
10 See 75 FR 68093 (November 4, 2010), and 76
FR 4662 (January 26, 2011).
11 See 75 FR 70241 (November 17, 2010).
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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.
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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
12 Boyce, 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.
14 U.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.
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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
15 UL does not require special investigation for
products intended to use biodiesel blends up to B5
that meets ASTM D975 fuel quality specifications.
Available at: https://www.ul.com/global/eng/pages/
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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
offerings/industries/appliancesandhvac/gasoil
solidfuel/release/.
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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
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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
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.
17 National 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.
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39099
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
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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.
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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
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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
74 FR 18228 (April 21, 2009).
75 FR 68093 (November 4, 2010), and 76
FR 4662 (January 26, 2011).
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18 See
19 See
Frm 00033
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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
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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
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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
Environmental Protection
Agency (EPA); and U.S. Army Corps of
Engineers, Department of the Army,
Department of Defense.
AGENCY:
ACTION:
Notice; extension of comment
period.
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.
SUMMARY:
Public comments are due by July
31, 2011.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2011–0409 by one of the following
methods:
ADDRESSES:
PO 00000
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• Federal eRulemaking Portal: https://
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 https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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]]>Agencies
[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Notices]
[Pages 39095-39101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16738]
-----------------------------------------------------------------------
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 https://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: https://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 state-
specific requirements for SPA states at: https://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 https://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 https://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
[[Page 39096]]
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 biodiesel-blended 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.
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\1\ Renewable Fuels Association, ``Building Bridges to a More
Sustainable Future: 2011 Ethanol Industry Outlook.'' https://www.ethanolrfa.org/page/-/2011%20RFA%20Ethanol%20Industry%20Outlook.pdf?nocdn=1.
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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\
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\2\ Oak 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.
\3\ Underwriters 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.
\4\ Westbrook, P.A., ``Compatibility and Permeability of
Oxygenated Fuels to Materials in Underground Storage and Dispensing
Equipment'' (January 1999). Available in the UST Docket under Docket
ID No. EPA-HQ-UST-2010-0651.
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[[Page 39097]]
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 ethanol-blended 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[reg] materials
are particularly vulnerable to B100.''
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\5\ National 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.
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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\
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\6\ ASTM Standard D975, 2010c ``Standard Specification for
Diesel Fuel Oils,'' ASTM International, West Conshohocken, PA, 2010,
DOI: 10.1520/D0975-10C, www.astm.org.
\7\ National 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.
\8\ Wisconsin, 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.
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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 light-duty 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.
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\9\ See 74 FR 18228 (April 21, 2009).
\10\ See 75 FR 68093 (November 4, 2010), and 76 FR 4662 (January
26, 2011).
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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.
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\11\ See 75 FR 70241 (November 17, 2010).
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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.
[[Page 39098]]
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\
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\12\ Boyce, 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.
\14\ U.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.
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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 self-
certification. 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.
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\15\ UL does not require special investigation for products
intended to use biodiesel blends up to B5 that meets ASTM D975 fuel
quality specifications. Available at: https://www.ul.com/global/eng/pages/offerings/industries/appliancesandhvac/gasoilsolidfuel/release/.
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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
[[Page 39099]]
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.
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\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.
\17\ National 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.
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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
[[Page 39100]]
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.
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\18\ See 74 FR 18228 (April 21, 2009).
\19\ See 75 FR 68093 (November 4, 2010), and 76 FR 4662 (January
26, 2011).
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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
[[Page 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:
[cir] Be in writing;
[cir] Indicate an affirmative statement of compatibility;
[cir] Specify the range of biofuel blends the component is
compatible with; and
[cir] 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
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 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
