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Mr. Patrick D. Riddle - 2 - NOV 16 2009 costs incurred as a result of an unauthorized release of petroleum.' It is a condition of Fund eligibility that there must have been "an unauthorized release of petroleum into the environment from a UST." (§ 25299.57, subd. (d)(1).) For the purposes of Fund reimbursement, a UST is a tank containing "only petroleum, or consistent with the federal act, a mixture of petroleum with de minimis quantities of other regulated substances." (§ 25299.24.) The Act defines "petroleum" as "crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means 60 degrees Fahrenheit and 14.7 pounds per square inch absolutev" (§ 25299.22.) The State Water Board has previously considered the question of whether a UST contained petroleum for the purpose of determining a claimant's eligibility to participate in the Fund. (State Water Board Order WQ 94-7-UST (Boswell).) In Boswell, the State Water Board found that the California Legislature, when adopting the Act, "intended to use the federal definition of pefroleum, including any qualifications contained in the federal implementing regulations." (Boswell, p. 8.) The State Water Board concluded it is appropriate to utilize the definition in the federal statute and regulations, and the United States Environmental Protection Agency's (U.S. EPA) interpretations of those definitions, when determining whether a Fund claimant is an owner or operator of a UST containing petroleum. (Ibid.) Federal regulations define "petroleum UST system" as follows: Petroleum UST system means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Such systems include those containing motor fuels,jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. (40 C.F.R. § 280.12 (2007).) The preamble to the federal regulations contains a thorough discussion of U.S. EPA's reasoning for its interpretation of the federal definitions and its intent when adopting the final UST regulations. (53 Fed. Reg. 37082 et seq. (Sept. 23, 1988).) The preamble includes a discussion of what constitutes a de minimis amount of hazardous substance mixed with a petroleum product in a petroleum UST. The preamble states: The de minimis amount of hazardous substance mixed with a petroleum product is that amount in which the additional hazardous substance does not alter the detectability, effectiveness of corrective action, or toxicity of the petroleum to any significant degree. (53 Fed. Reg. 37124 (Sept. 23, 1988).) Further statutory references are to the Health and Safety Code unless otherwise noted. California Environmental Protection Agency !b R,,v,I d Pnner