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Additionally, biodiesel manufacturers recommend the addition of antioxidants to <br />stabilize the fuel, most of which are hazardous substances. Manufacturers also add, or <br />recommend adding, other regulated hazardous substances such as biocides and <br />fungicides to reduce microbial activity. Without the addition of these hazardous <br />substances, biodiesel may oxidize and form peroxides which are also on the OSHA <br />Special Health Hazard Substance List because peroxides can be highly explosive and <br />mutagenic. Biodiesel may also contain toxic remnants of the manufacturing process, <br />such as methanol or sodium hydroxide, and other contaminants such as peroxides. <br />Finally, even "100%" biodiesel may contain small amounts of petroleum diesel. This <br />occurs when petroleum diesel is intentionally added to obtain a desired physical <br />property (lubricity, viscosity, etc.), or when biodiesel is inadvertently contaminated as it <br />moves through a distribution network (bulk tank, piping, delivery truck, etc.) that is <br />shared with petroleum diesel. <br />The presence of any quantity of any hazardous substance within the biodiesel is <br />sufficient to designate the entire contents of the UST system a "hazardous substance" <br />as defined in the Health and Safety Code. Therefore, local regulatory agencies are <br />advised to assume that even "100%" biodiesel is a hazardous substance unless the <br />particular batch of biodiesel being stored has been analyzed and determined to contain <br />no antioxidants that contain regulated substances, nor any biocides, fungicides, <br />petroleum diesel, methanol, peroxides, or other hazardous substances. Local regulatory <br />agencies and UST owners/operators should be aware that each delivery of biodiesel will <br />be different, depending on variables such as the supplier, biodiesel feedstock, and <br />quality controls employed during the manufacturing (transesterification) process. <br />2. Would UST systems storing "100%" biodiesel be exempt from regulation <br />because the small amount of hazardous substance found in the stored <br />product could be considered a "de minimis" concentration? <br />No. California's UST laws and regulations do not provide a de minimis exemption, <br />meaning any concentration of hazardous substance stored in an UST is subject to <br />regulation. Federal UST regulations3 do provide an exclusion for UST systems storing a <br />de minimis concentration of regulated substance. However, even examples given in the <br />preamble to this federal regulation include substances with exceedingly small <br />concentrations, such as chlorine in drinking water and swimming pools (generally a few <br />parts per million) (53 Fed Reg. 37108 — 37109 (1988)). Based on the examples noted in <br />the preamble we believe that it would be inappropriate to apply a de minimis exemption <br />to biodiesel, even under federal regulations. <br />'40 CFR, §280.10(b)(5) <br />California Environmental Protection Agency <br />Recycled Paper <br />