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Alternative energy / biofuel
9/1/2009 1:07:33 PM EST
Thomas H. Clarke, Jr.
California SWRCB defends decision to limit use of UST's to B20 fuels
Partner, Ropers Majeski Kohn & Bentley
A prior post noted that the California State Water Resources Control Board decided to allow the storage of biodiesel blends up to 20% (B20) in UST's designed for hydrocarbon fuels (e.g., diesel).  Much to the Board's surprise, they have been heavily criticized by the biodiesel "industry" for not allowing the storage of B99 or B100.  The Boards response, in a word:  The Board made a major concession to help support the industry, and proponents have not demonstrated that biodiesel is compatible with existing or new UST's.  Let no good deed go unpunished, one might say.  The Board has noted that it is the responsibility of the biodiesel industry to get Underwriters Lab and manufacturers to certify compatibility.  Given the unanticipated adverse impact of such additives as MTBE on formerly utilized UST seals and gaskets, for example, the SWRCB is absolutely right to be cautious.
 
The Board's position is set forth in a letter from SWRCB Executive Director Rice, which can be found at http://www.waterboards.ca.gov/water_issues/programs.

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