Section 18 AAC 78.050 - Compatibility(a) An owner or operator shall use a UST made of or lined with materials that are compatible with the petroleum stored in the UST.(b) An owner or operator must notify the department at least 30 days before switching to a petroleum product containing greater than 10 percent ethanol or greater than 20 percent biodiesel. In addition, an owner or operator with USTs storing these blends must meet one of the following requirements: (1) demonstrate compatibility of the UST, including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment; an owner or operator may demonstrate compatibility of the UST by using one of the following options:(A) certification or listing of UST equipment or components by a nationally recognized, independent testing laboratory for use with the petroleum stored; or(B) equipment or component manufacturer approval; the manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or(2) use another option that the department determines to be no less protective of human health and safety and the environment than the options listed in (1) of this subsection.(c) An owner or operator shall maintain records in accordance with 18 AAC 78.056(c) documenting compliance with (b) of this section for as long as the UST is used to store the petroleum.(d) To comply with the requirements of this section, the owner or operator may use the American Petroleum Institute Recommended Practice 1626, Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations, 2nd Edition August 2010, Errata February 2011, the provisions of which are adopted by reference.(e) For purposes of this section, "compatible" means that the UST, and any UST lining, is designed to prevent the release or threatened release of the stored substance.Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018,Register 227, October 2018The publications adopted by reference in 18 AAC 78.050 are available for review at the department's Anchorage office, or a copy may be obtained from the appropriate publisher at the address listed in the editor's note at 18 AAC 78.025.
Authority:AS 46.03.020
AS 46.03.365