EPA issues compliance advisory for UST compatibility requirements

Agency says compliance concerns related to compatible storage of ethanol-biofuel blends

Posted June 26, 2019

In light of EPA’s recent approval of sales of E15 gasoline year-round, the Agency has issued a compliance advisory alerting owners and operators of underground storage tanks (USTs) of the compatibility requirements in 40 CFR 280.32. EPA notes that more people may choose to offer E15 at gas stations and other fueling facilities, and they must be aware of the regulatory requirements for USTs.

Owners and operators must:

  • Use a UST system made of or lined with materials that are compatible with the substance stored in the UST system;
  • Notify their implementing agency 30 days before storing fuel containing more than 20 percent biodiesel or more than 10 percent ethanol;
  • Keep records demonstrating that their UST system is compatible with the substance stored; and
  • Demonstrate compatibility for the following components to store substances containing more than 10 percent ethanol or more than 20 percent biodiesel:
    • Tank
    • Piping carrying product from the tank
    • Piping containment sumps entered by the piping
    • Pumping equipment, including the submersible pump or suction pump, depending on the type of system
    • Release detection equipment, including automatic tank gauging (ATG) probes, sump sensors, and line leak detectors
    • Spill equipment, such as spill buckets, for the tank
    • Overfill equipment, including ball float valves or flapper valves

EPA says the federal UST regulation does not require owners and operators to demonstrate the compatibility of dispensers or associated aboveground equipment. However, compatibility requirements for these components may exist in other local regulations, such as the fire code. Owners and operators should check for these requirements with their implementing agency.


J. J. Keller Environmental Fundamentals Management ProgramJ. J. Keller® Environmental Fundamentals Management Program helps protect your company from the risks related to EPA Compliance.


J. J. Keller's FREE Workplace SafetyClicks™ email newsletter brings quick-read safety and compliance news right to your email box.

Sign up to receive Workplace SafetyClicks™.