sentative, may submit written comments relevant to the proposed regulatory action to the State Water Board. The written comment period closes on Tuesday, May 10, 2016 at 12:00 p.m

State Water Resources Control Board

Division of Water Quality Underground Storage Tank Regulations

Table of Contents

1) Notice of Proposed Rulemaking 2) Initial Statement of Reasons 3) Text of Originally Proposed Regulations 4) Form 399 5) Written Comments Submitted During 45-Day Comment Period 6) Notice of Modification to Text of Proposed Regulations and Text 7) Written Comments on Modified Text 8) Written Comments Submitted Outside of the Public Comment Periods 9) Statement of Mailing Notice 10) Public Hearing Transcript 11) Updated Informative Digest 12) Final Statement of Reasons 13) State Water Board Action 14) Reference and Authority 15) Final Text of Regulations

Notice of Proposed Rulemaking

CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 13-Z

452

AVAILABILITY AND LOCATION OF THE FINALSTATEMENT OF REASONS AND

RULEMAKING FILE

All the information upon which the proposed regula-tion is based is contained in the rulemaking file, whichis available for public inspection by contacting the per-son named below.

You may obtain a copy of the final statement of rea-sons once it has been prepared, by making a written re-quest to the contact person named below or by acces-sing the Board’s website as listed below.

CONTACT PERSON

Inquiries or comments concerning the proposed rule-making action may be addressed to:

Jeff HansonCalifornia Board of Occupational Therapy 2005 Evergreen Street, Suite 2250 Sacramento, CA 95815 (916) 263–2294 (Tel) (916) 263–2701 (Fax)[email protected]

The backup contact person is:

Heather Martin(same contact information as above)

All materials regarding this proposal can be foundon–line at: www.bot.ca.gov > Laws and Regulations > ProposedRegulations.

TITLE 23. STATE WATER RESOURCESCONTROL BOARD

DIVISION 3. STATE WATER RESOURCESCONTROL BOARD AND REGIONAL WATER

QUALITY CONTROL BOARDSCHAPTER 16. UNDERGROUND STORAGE

TANK REGULATIONS

NOTICE IS HEREBY GIVEN that the State WaterResources Control Board (State Water Board) proposesto amend, adopt, or repeal the regulations described be-low after considering all comments, objections, andrecommendations regarding the proposed action.

PROPOSED REGULATORY ACTION

The State Water Board proposes to amend CaliforniaCode of Regulations, title 23, division 3, chapter 16

(regulations), to clarify or make specific the method ofreporting for existing reporting requirements. Theseamendments are consistent with existing requirementsin Health and Safety Code section 25404, subdivision(e)(4) and California Code of Regulations, title 27, divi-sion 1, subdivision 4, chapter 1, section 15100 et seq.Some of the proposed amendments require electronicsubmittal of data and documents via the internet usingreadily available technology.

PUBLIC HEARING

A public hearing has not been scheduled for this pro-posed action. However, as provided in GovernmentCode section 11346.8, any interested person, or his orher duly authorized representative, may request a pub-lic hearing if the request is submitted in writing in themanner described below to the State Water Board nolater than 15 days prior to the close of the written com-ment period. If a request for a public hearing is made,the State Water Board shall, to the extent practicable,provide notice of the time, date, and place of the hearingin accordance with Government Code section 11346.4by mailing the notice to every person who has filed a re-quest for notice with the State Water Board. In addition,as prescribed by Government Code section 11340.85,notice may be provided by means of electronic commu-nication to those persons who have expressly indicateda willingness to receive notice by this means.

WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action to the State Water Board.The written comment period closes on Tuesday, May10, 2016 at 12:00 p.m. The State Water Board will onlyconsider comments received by that time.

Please send comment letters to Ms. Jeanine Town-send, Clerk to the Board, by email at [email protected] (916) 341–5620 (fax), or by mail orhand delivery addressed to:

Jeanine Townsend, Clerk to the BoardState Water Resources Control BoardP.O. Box 100Sacramento, CA 95812–2000 (by mail)1001 I Street, 24th Floor,Sacramento, CA 95814 (by hand delivery)

Please also indicate in the subject line, “CommentLetter — Proposed UST Regulations.” Hand and spe-cial deliveries should also be addressed to Ms. Town-send at the address above. Couriers delivering com-ments must check in with lobby security and have themcontact Ms. Townsend at (916) 341–5600. Due to the li-


453

mitations of the email system, emails larger than 15megabytes are rejected and cannot be delivered or re-ceived by the State Water Board. We request that com-ments larger than 15 megabytes be submitted under sep-arate emails.

To be added to the mailing list for this rulemaking andto receive notification of updates of this rulemaking,you may subscribe to the listserve for “Program Re-quirements and Guidance” by going tohttp://www.waterboards.ca.gov/resources/email_subscriptions/. You may also call Ms. Laura Fisher at(916) 341–5870 or email her at [email protected]. Persons who receive this noticeby mail or electronic mail are already on the mailinglist.

AUTHORITY AND REFERENCE

Health and Safety Code section 25299.3 authorizesthe State Water Board to adopt regulations to implementchapter 6.7 of division 20 of the Health and SafetyCode. The proposed regulations implement, interpret,or make specific chapter 6.7 of division 20 of the Healthand Safety Code, commencing with section 25280. Ref-erences to specific code sections are identified in theproposed amendments to the regulations.

INFORMATIVE DIGEST/ POLICY STATEMENTOVERVIEW

The proposed regulations clarify or make specific ex-isting reporting requirements under the UST Programby stating the method by which UST owners or opera-tors and local agencies must submit specified informa-tion and documents to the State Water Board, RegionalWater Quality Control Boards (Regional WaterBoards), or the applicable local agency as defined inHealth and Safety Code section 25283.

Specifically, certain existing reporting requirementsare amended to require that the submittal be made elec-tronically through the California Environmental Re-porting System (CERS), consistent with Health andSafety Code section 25404, subdivision (e)(4). Theseprovisions do not include any new reporting require-ments; however, the existing reporting requirementsare amended to make specific the method of reporting.

In addition to the requirements to submit specified in-formation or documents through CERS, existing regu-lations also include requirements for submission of oth-er information or documents that cannot be submittedthrough CERS and in certain instances must be sub-mitted electronically through GeoTracker, the state

Geographic Information System mapping database. Asamended, the regulations specify what information ordocuments must be submitted through GeoTracker, forthe purpose of preventing confusion between Geo-Tracker and CERS requirements. These amendmentsare consistent with California Code of Regulations, title23, division 3, chapter 30, section 3890 et seq. and donot change existing reporting requirements.

As amended, the regulations also provide that wherea submittal method is not specified, the information ordocument may be provided by hand–delivery, mail, orfacsimile or other electronic methods, unless otherwisedirected by the State Water Board, Regional WaterBoard, or local agency that will receive the submittal.These amendments are for clarification purposes and donot change existing reporting requirements.

Finally, as explained in the statement of reasons, theState Water Board is proposing certain amendments tothe regulations that do not materially alter any require-ment, right, responsibility, condition, prescription, orother regulatory element of any California Code ofRegulations provision (i.e., changes without regulatoryeffect). These amendments without regulatory effectinclude changes made for purposes of revising struc-ture, syntax, cross–references, grammar, punctuation,or renumbering or relocating regulatory provisions.

Some of the proposed amendments require electronicsubmittal of data and documents via the internet usingreadily available technology. To assist those regulatedbusinesses that do not have a computer with internet ac-cess, some local agencies have made computers avail-able at their offices or other locations within their juris-dictions for regulated businesses to use to submit pro-gram information. In addition, some inspectors carrylaptop or tablet computers with them when they inspectregulated businesses and assist regulated businesses tosubmit program information.

The proposed regulations will improve the health andwelfare of California residents, worker safety, and thestate’s environment because emergency response per-sonnel and agencies will have instant electronic accessto facility and chemical information needed to mitigateenvironmental hazards. In addition, the State WaterBoard, Regional Water Boards, and local agencies willbe able to identify and correct potential sources of envi-ronmental risk more efficiently by analyzing the data inCERS.

The State Water Board evaluated whether there wereany other regulations that would relate to or affect thisarea and found that these are the only regulations con-cerning reporting requirements of USTs. Therefore, theproposed regulations are not inconsistent or incompat-ible with existing state regulations.


454

LOCAL MANDATE

This proposal does not impose a mandate on localagencies or school districts, or a mandate which re-quires reimbursement pursuant to part 7 (commencingwith section 17500) of division 4 of the GovernmentCode.

COST OR SAVINGS TO STATE AGENCIES

The State Water Board has determined that there is nocost or savings to state agencies as a result of the pro-posed regulations.

COST OR SAVINGS IMPOSED ON LOCALAGENCIES OR SCHOOL DISTRICTS

The State Water Board has determined that there is nocost or savings imposed on local agencies or school dis-tricts as a result of the proposed regulations, or othernondiscretionary costs or savings imposed on localagencies or school districts.

COST OR SAVINGS IN FEDERAL FUNDING TOTHE STATE

The State Water Board has determined that there is nocost or savings in federal funding to the state as a resultof the proposed regulations.

BUSINESS IMPACT/ SMALL BUSINESS

The proposed regulations do not impose any new re-porting requirements. The proposed regulations onlyamend the method of reporting for specified informa-tion and documents, consistent with existing require-ments in Health and Safety Code section 25404, subdi-vision (e)(4) and California Code of Regulations, title27, division 1, subdivision 4, chapter 1, section 15100 etseq., and for clarification purposes. Because the pro-posed regulations only implement requirements for themethod of reporting, they will not have a significant,statewide adverse economic impact directly affectingbusinesses, including the ability of California busi-nesses to compete with businesses in other states. Norwill the proposed regulatory action adversely affectsmall businesses in California because the new regula-tions only amend the method of reporting for specifiedinformation and documents. Some of the proposedamendments require electronic submittal of data anddocuments instead of the current method of filling outand mailing paper forms. Electronic submittal is via theinternet using readily available technology. Local agen-cies are assisting those regulated businesses that do not

have a computer with internet access by making com-puters with internet access readily available for thebusinesses to use.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

The State Water Board is not aware of any cost im-pacts that a representative private person or businesswould necessarily incur in reasonable compliance withthe proposed regulations.

RESULTS OF THE ECONOMICIMPACT ANALYSIS

The State Water Board has determined that the pro-posed regulatory action will have no effect on the cre-ation or elimination of jobs within California. Nor willthe proposed regulatory action have any effect on thecreation of new businesses, the elimination of existingbusinesses, or the expansion of existing businesses do-ing business within California.

The proposed regulations will improve the health andwelfare of California residents, worker safety, and thestate’s environment because emergency response per-sonnel and agencies will have instant electronic accessto facility and chemical information needed to mitigateenvironmental hazards. In addition, the State WaterBoard, Regional Water Quality Control Boards, and lo-cal agencies will be able to identify and correct potentialsources of environmental risk more efficiently by ana-lyzing the data in CERS.

EFFECT ON HOUSING COSTS

The State Water Board has determined that the pro-posed regulatory action will have no effect on housingcosts.

BUSINESS REPORTING REQUIREMENT

The State Water Board finds that it is necessary for thehealth, safety, or welfare of the people of this state thatthe proposed regulation which requires a report apply tobusinesses.

ALTERNATIVES

The State Water Board must determine that no rea-sonable alternative it considered or that has otherwisebeen identified and brought to its attention would bemore effective in carrying out the purpose for which theaction is proposed, would be as effective and lessburdensome to affected private persons than the pro-


455

posed action, or would be more cost–effective to af-fected private persons and equally effective in imple-menting the statutory policy or other provision of law.

Interested persons may present statements or argu-ments with respect to alternatives to the proposed regu-lation during the written comment period or at a hear-ing, if a hearing is requested, on this matter.

AVAILABILITY OF INITIAL STATEMENT OFREASONS, TEXT OF PROPOSED REGULATION,

AND THE RULEMAKING FILE

The State Water Board has prepared an Initial State-ment of Reasons for the proposed action. The statementincludes the specific purpose for the regulations pro-posed for adoption and the rationale for the State WaterBoard’s determination that adoption is reasonably nec-essary to carry out the purpose for which the regulationsare proposed. All the information upon which the pro-posed regulations are based is contained in the rulemak-ing file. The Initial Statement of Reasons, the expressterms of the proposed regulations, and the rulemakingfile are available from the contact person listed below orat the website listed below.

AVAILABILITY OF CHANGED ORMODIFIED TEXT

After holding any hearing that is requested and con-sidering all timely and relevant comments received, theState Water Board may adopt the proposed regulationssubstantially as described in this notice. If the State Wa-ter Board makes modifications that are sufficiently re-lated to the originally proposed text, it will make themodified text (with the changes clearly indicated) avail-able to the public for at least fifteen (15) days before theState Water Board adopts the regulations as modified. Acopy of any modified regulations may be obtained bycontacting Ms. Laura Fisher, the primary contact per-son identified below. The State Water Board will acceptwritten comments on the modified regulations for fif-teen (15) days after the date on which they are madeavailable.

AVAILABILITY OF FINAL STATEMENTOF REASONS

Upon its completion, a copy of the Final Statement ofReasons may be obtained by contacting either of thepersons listed below. A copy may also be accessed onthe State Water Board website identified below.

CONTACT PERSONS

Requests of copies of the text of the proposed regula-tions, the statement of reasons, or other informationupon which the rulemaking is based, or other inquiriesshould be addressed to the following:

Name: Laura Fisher Address: State Water Resources Control

BoardDivision of Water Quality1001 “I” Street Sacramento, CA 95814

Telephone No.: (916) 341–5870

E–mail address: Laura.Fisher@

waterboards.ca.gov

The backup contact person is:

Name: Gabriel HerreraAddress: State Water Resources Control

Board Division of Water Quality1001 “I” Street Sacramento, CA 95814

Telephone No.: (916) 319–9128

E–mail address: Gabriel.Herrera@

waterboards.ca.gov

The documents relating to this proposed action mayalso be found on the State Water Board’s website at thefollowing address: http://www.waterboards.ca.gov/water_issues/programs/ust/.

TITLE MPP. DEPARTMENT OFSOCIAL SERVICES

ORD #1015–12

NOTICE OF PROPOSED CHANGES INREGULATIONS OF THE

CALIFORNIA DEPARTMENT OF SOCIALSERVICES (CDSS)

ITEM #1 California Work Opportunity and Responsibility to Kids (CalWORKs) Program:Pregnant Women Only

The CDSS hereby gives notice of the proposed regu-latory action(s) described below. Any person interestedmay present statements or arguments orally or in writ-ing relevant to the proposed regulations at a public hear-ing to be held on May 12, 2016, at the followingaddress:

TITLE 23. WATERS

DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND REGIONAL WATER QUALITY CONTROL BOARDS

CHAPTER 16. UNDERGROUND STORAGE TANK REGULATIONS

Notice of Proposed Regulatory Action NOTICE IS HEREBY GIVEN that the State Water Resources Control Board (State Water Board) proposes to amend, adopt, or repeal the regulations described below after considering all comments, objections, and recommendations regarding the proposed action.

PROPOSED REGULATORY ACTION

The State Water Board proposes to amend California Code of Regulations, title 23, division 3, chapter 16 (regulations), to clarify or make specific the method of reporting for existing reporting requirements. These amendments are consistent with existing requirements in Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. Some of the proposed amendments require electronic submittal of data and documents via the internet using readily available technology.

PUBLIC HEARING A public hearing has not been scheduled for this proposed action. However, as provided in Government Code section 11346.8, any interested person, or his or her duly authorized representative, may request a public hearing if the request is submitted in writing in the manner described below to the State Water Board no later than 15 days prior to the close of the written comment period. If a request for a public hearing is made, the State Water Board shall, to the extent practicable, provide notice of the time, date, and place of the hearing in accordance with Government Code section 11346.4 by mailing the notice to every person who has filed a request for notice with the State Water Board. In addition, as prescribed by Government Code section 11340.85, notice may be provided by means of electronic communication to those persons who have expressly indicated a willingness to receive notice by this means.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the State Water Board. The written comment period closes on Tuesday, May 10, 2016 at 12:00 p.m. The State Water Board will only consider comments received by that time. Please send comment letters to Ms. Jeanine Townsend, Clerk to the Board, by email at [email protected] (916) 341-5620 (fax), or by mail or hand delivery addressed to:

mailto:[email protected]

2

Jeanine Townsend, Clerk to the Board State Water Resources Control Board

P.O. Box 100, Sacramento, CA 95812-2000 (by mail) 1001 I Street, 24th Floor, Sacramento, CA 95814 (by hand delivery)

Please also indicate in the subject line, “Comment Letter – Proposed UST Regulations.” Hand and special deliveries should also be addressed to Ms. Townsend at the address above. Couriers delivering comments must check in with lobby security and have them contact Ms. Townsend at (916) 341-5600. Due to the limitations of the email system, emails larger than 15 megabytes are rejected and cannot be delivered or received by the State Water Board. We request that comments larger than 15 megabytes be submitted under separate emails. To be added to the mailing list for this rulemaking and to receive notification of updates of this rulemaking, you may subscribe to the listserve for “Program Requirements and Guidance” by going to http://www.waterboards.ca.gov/resources/email_subscriptions/. You may also call Ms. Laura Fisher at (916) 341-5870 or email her at [email protected]. Persons who receive this notice by mail or electronic mail are already on the mailing list.

AUTHORITY AND REFERENCE Health and Safety Code section 25299.3 authorizes the State Water Board to adopt regulations to implement chapter 6.7 of division 20 of the Health and Safety Code. The proposed regulations implement, interpret, or make specific chapter 6.7 of division 20 of the Health and Safety Code, commencing with section 25280. References to specific code sections are identified in the proposed amendments to the regulations.

INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW The proposed regulations clarify or make specific existing reporting requirements under the UST Program by stating the method by which UST owners or operators and local agencies must submit specified information and documents to the State Water Board, Regional Water Quality Control Boards (Regional Water Boards), or the applicable local agency as defined in Health and Safety Code section 25283. Specifically, certain existing reporting requirements are amended to require that the submittal be made electronically through the California Environmental Reporting System (CERS), consistent with Health and Safety Code section 25404, subdivision (e)(4). These provisions do not include any new reporting requirements; however, the existing reporting requirements are amended to make specific the method of reporting. In addition to the requirements to submit specified information or documents through CERS, existing regulations also include requirements for submission of other information or documents that cannot be submitted through CERS and in certain instances must be submitted electronically through GeoTracker, the state Geographic Information System mapping database. As amended, the regulations specify what information or documents must be submitted through GeoTracker, for the purpose of preventing confusion between GeoTracker and CERS requirements. These amendments are consistent with California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq. and do not change existing reporting requirements. As amended, the regulations also provide that where a submittal method is not specified, the information or document may be provided by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the State Water Board, Regional Water Board, or local

http://www.waterboards.ca.gov/resources/email_subscriptions/


3

agency that will receive the submittal. These amendments are for clarification purposes and do not change existing reporting requirements. Finally, as explained in the statement of reasons, the State Water Board is proposing certain amendments to the regulations that do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulations provision (i.e., changes without regulatory effect). These amendments without regulatory effect include changes made for purposes of revising structure, syntax, cross-references, grammar, punctuation, or renumbering or relocating regulatory provisions. Some of the proposed amendments require electronic submittal of data and documents via the internet using readily available technology. To assist those regulated businesses that do not have a computer with internet access, some local agencies have made computers available at their offices or other locations within their jurisdictions for regulated businesses to use to submit program information. In addition, some inspectors carry laptop or tablet computers with them when they inspect regulated businesses and assist regulated businesses to submit program information. The proposed regulations will improve the health and welfare of California residents, worker safety, and the state’s environment because emergency response personnel and agencies will have instant electronic access to facility and chemical information needed to mitigate environmental hazards. In addition, the State Water Board, Regional Water Boards, and local agencies will be able to identify and correct potential sources of environmental risk more efficiently by analyzing the data in CERS. The State Water Board evaluated whether there were any other regulations that would relate to or affect this area and found that these are the only regulations concerning reporting requirements of USTs. Therefore, the proposed regulations are not inconsistent or incompatible with existing state regulations.

LOCAL MANDATE This proposal does not impose a mandate on local agencies or school districts, or a mandate which requires reimbursement pursuant to part 7 (commencing with section 17500) of division 4 of the Government Code.

COST OR SAVINGS TO STATE AGENCIES The State Water Board has determined that there is no cost or savings to state agencies as a result of the proposed regulations.

COST OR SAVINGS IMPOSED ON LOCAL AGENCIES OR SCHOOL DISTRICTS The State Water Board has determined that there is no cost or savings imposed on local agencies or school districts as a result of the proposed regulations, or other nondiscretionary costs or savings imposed on local agencies or school districts.

COST OR SAVINGS IN FEDERAL FUNDING TO THE STATE The State Water Board has determined that there is no cost or savings in federal funding to the state as a result of the proposed regulations.

4

BUSINESS IMPACT/ SMALL BUSINESS The proposed regulations do not impose any new reporting requirements. The proposed regulations only amend the method of reporting for specified information and documents, consistent with existing requirements in Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq., and for clarification purposes. Because the proposed regulations only implement requirements for the method of reporting, they will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. Nor will the proposed regulatory action adversely affect small businesses in California because the new regulations only amend the method of reporting for specified information and documents. Some of the proposed amendments require electronic submittal of data and documents instead of the current method of filling out and mailing paper forms. Electronic submittal is via the internet using readily available technology. Local agencies are assisting those regulated businesses that do not have a computer with internet access by making computers with internet access readily available for the businesses to use.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES

The State Water Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed regulations.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS The State Water Board has determined that the proposed regulatory action will have no effect on the creation or elimination of jobs within California. Nor will the proposed regulatory action have any effect on the creation of new businesses, the elimination of existing businesses, or the expansion of existing businesses doing business within California. The proposed regulations will improve the health and welfare of California residents, worker safety, and the state’s environmental because emergency response personnel and agencies will have instant electronic access to facility and chemical information needed to mitigate environmental hazards. In addition, the State Water Board, Regional Water Quality Control Boards, and local agencies will be able to identify and correct potential sources of environmental risk more efficiently by analyzing the data in CERS.

EFFECT ON HOUSING COSTS The State Water Board has determined that the proposed regulatory action will have no effect on housing costs.

BUSINESS REPORTING REQUIREMENT The State Water Board finds that it is necessary for the health, safety, or welfare of the people of this state that the proposed regulation which requires a report apply to businesses.

5

ALTERNATIVES

The State Water Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Interested persons may present statements or arguments with respect to alternatives to the proposed regulation during the written comment period or at a hearing, if a hearing is requested, on this matter.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATION, AND THE RULEMAKING FILE

The State Water Board has prepared an Initial Statement of Reasons for the proposed action. The statement includes the specific purpose for the regulations proposed for adoption and the rationale for the State Water Board’s determination that adoption is reasonably necessary to carry out the purpose for which the regulations are proposed. All the information upon which the proposed regulations are based is contained in the rulemaking file. The Initial Statement of Reasons, the express terms of the proposed regulations, and the rulemaking file are available from the contact person listed below or at the website listed below.

AVAILABILITY OF CHANGED OR MODIFIED TEXT

After holding any hearing that is requested and considering all timely and relevant comments received, the State Water Board may adopt the proposed regulations substantially as described in this notice. If the State Water Board makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least fifteen (15) days before the State Water Board adopts the regulations as modified. A copy of any modified regulations may be obtained by contacting Ms. Laura Fisher, the primary contact person identified below. The State Water Board will accept written comments on the modified regulations for fifteen (15) days after the date on which they are made available.

AVAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons may be obtained by contacting either of the persons listed below. A copy may also be accessed on the State Water Board website identified below.

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CONTACT PERSONS Requests of copies of the text of the proposed regulations, the statement of reasons, or other information upon which the rulemaking is based, or other inquiries should be addressed to the following: Name: Laura Fisher Address: State Water Resources Control Board Division of Water Quality 1001 “I” Street Sacramento, CA 95814 Telephone No.: (916) 341-5870 E-mail address: [email protected] The backup contact person is: Name: Gabriel Herrera Address: State Water Resources Control Board Division of Water Quality 1001 “I” Street Sacramento, CA 95814 Telephone No.: (916) 319-9128 E-mail address: [email protected] The documents relating to this proposed action may also be found on the State Water Board’s website at the following address: http://www.waterboards.ca.gov/water_issues/programs/ust/. March 25, 2016 Date Jeanine Townsend Clerk to the Board



http://www.waterboards.ca.gov/water_issues/programs/ust/

1

Hootman, Cory@Waterboards

From: [email protected]: Friday, March 25, 2016 2:07 PMTo: Herrera, Gabriel@WaterboardsSubject: NOTICE OF PROPOSED REGULATORY ACTION - UNDERGROUND STORAGE TANK

REGULATIONSAttachments: notice_t23 electronic.pdf; t23 electronic_isor.pdf; t23 electronic_proposed

amendments.pdf

This is a message from the State Water Resources Control Board

The State Water Resources Control Board (State Water Board) has issued a Notice of Proposed Regulatory Action to amend California Code of Regulations, title 23, division 3, chapter 16 to clarify or make specific the method of reporting for existing reporting requirements. Specifically, the proposed amendments define whether existing reporting requirements are to be submitted electronically to the California Environmental Reporting System (CERS) or GeoTracker, or if they may be submitted via other means, such as mail, email, fax, or hand delivery. The 45 day public comment period for the proposed regulatory action begins on Friday, March 25, 2016 and ends at 12 p.m. on Tuesday, May 10, 2016. The Notice of Proposed Regulatory Action to amend California Code of Regulations, title 23, division 3, chapter 16 is available at: http://www.oal.ca.gov/res/docs/pdf/notice/13z‐2016.pdf The proposed rulemaking package is available at: http://www.waterboards.ca.gov/public_notices/comments/index.shtml Additional information and resources related to the proposed emergency regulation are provided on the State Water Board’s Underground Storage Tank Leak Prevention webpage: http://www.waterboards.ca.gov/water_issues/programs/ust/adm_notices/elect_rpt_regs/ To receive email updates from the State Water Board about this proposed regulatory action please subscribe to the “Program Requirements and Guidance” topic at: http://www.waterboards.ca.gov/resources/email_subscriptions/ust_subscribe.shtml For your convenience attached is the Notice of Proposed Regulatory Action regarding Proposed Underground Storage Tank Regulations. Also attached are the Initial Statement of Reasons and the Proposed Amendments. If you have questions regarding this matter, please contact Gabriel Herrera at (916) 319‐9128 or [email protected].

Laura S Fisher, Chief UST Leak Prevention Unit and Office of Tank Tester Licensing

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State Water Resources Control Board 1001 I Street, PO Box 2231, Sacramento CA 95812 916‐341‐5870 [email protected] SWRCB UST Homepage: www.waterboards.ca.gov/ust CERS Homepage: http://cers.calepa.ca.gov/

You are currently subscribed to ust_p_cupa as: [email protected].

To unsubscribe click here: leave-5754262-509980.4ff2462bd8e97c5ce04a3a97bc65f512@swrcb18.waterboards.ca.gov

Initial Statement of Reasons

Proposed Amendments to the

California Code of Regulations Title 23. Waters

Division 3. State Water Resources Control Board and Regional Water Quality Control Boards Chapter 16. Underground Tank Regulations

INITIAL STATEMENT OF REASONS

MARCH 2016 State Water Resources Control Board

Division of Water Quality

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Chapter 16. Underground Storage Tank Regulations The State Water Resources Control Board (State Water Board) proposes to amend chapter 16 of division 3 of title 23 of the California Code of Regulations (regulations) to clarify or make specific existing reporting requirements under the Underground Storage Tank (UST) Program by stating the method by which UST owners or operators and local agencies must submit specified information and documents to the State Water Board, Regional Water Quality Control Boards (Regional Water Boards), or the applicable local agency as defined in Health and Safety Code section 25283. In accordance with Health and Safety Code section 25404, subdivision (e)(4), regulated businesses and local agencies must report unified program data electronically. To comply with that requirement, the California Environmental Protection Agency (CalEPA) created the California Environmental Reporting System (CERS). As amended, the regulations require UST owners or operators and local agencies to submit specified information or documents to CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. These provisions do not include any new reporting requirements; however, the existing reporting requirements are amended to make specific the method of reporting. In addition to the requirements to submit specified information or documents through CERS, existing regulations also include requirements for submission of other information or documents that cannot be submitted through CERS and in certain instances must be submitted electronically through GeoTracker, the state Geographic Information System mapping database. For clarification purposes, the regulations are amended to specify the method of reporting for each reporting requirement for which a specific method is required. Additionally, as amended, the regulations provide that where a submittal method is not specified, the information or document may be provided by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the State Water Board, Regional Water Board, or local agency that will receive the submittal. Under California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq., persons responsible for submitting reports must submit the report electronically through GeoTracker if the report is required for the purpose of subsurface investigation or remediation of an unauthorized release of a hazardous substance pursuant to the regulations. GeoTracker is used by the State Water Board, Regional Water Boards, and local agencies to track and make accessible to the public statewide environmental compliance data for groundwater cleanup programs, including cleanup of unauthorized releases from underground storage tanks. As amended, the regulations specify what information or documents must be submitted through GeoTracker, for the purpose of preventing confusion between GeoTracker and CERS requirements. These amendments do not change existing requirements. The specific purpose and the basis for the State Water Board’s determination of the necessity of each amendment are explained herein. The State Water Board relied on an Economic and Fiscal Impact Statement and an Economic Impact Analysis/ Assessment prepared pursuant to Government Code section 11346.3, subdivision (b) to amend these regulations. The complete Economic Impact Analysis/ Assessment can be found below. For two weeks in April 2015, the State Water Board convened a workgroup consisting of representatives from the State Water Board, CalEPA, local

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agencies, and the regulated community to review and comment on a draft of the proposed regulations. The State Water Board considered and, as appropriate, incorporated the workgroup’s comments into the proposed regulations. The State Water Board did not rely upon any other technical, theoretical, or empirical studies, reports, or documents to amend these regulations. The State Water Board has determined that no reasonable alternative would be more effective in carrying out the purpose for which the proposed regulations are proposed, would be as effective and less burdensome to affected private persons than the proposed regulations, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The proposed amendments to the regulations are necessary for consistency with Health and Safety Code section 25404, subdivision (e)(4), with California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq., with California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq., and for clarification purposes. The proposed amendments do not duplicate or conflict with any federal law or federal regulation. Some of the proposed amendments require electronic submittal of data and documents via the internet using readily available technology. To assist those regulated businesses that do not have a computer with internet access, some local agencies have made computers available at their offices or other locations within their jurisdictions for regulated businesses to use to submit program information. In addition, some inspectors carry laptop or tablet computers with them when they inspect regulated businesses and assist regulated businesses to submit program information. The proposed regulations will improve the health and welfare of California residents, worker safety, and the state’s environment because emergency response personnel and agencies will have instant electronic access to facility and chemical information needed to mitigate environmental hazards. In addition, the State Water Board, Regional Water Boards, and local agencies will be able to identify and correct potential sources of environmental risk more efficiently by analyzing the data in CERS. The State Water Board also proposes certain amendments to the regulations that do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulations provision (i.e., changes without regulatory effect). These amendments without regulatory effect include changes made for purposes of revising structure, syntax, cross-references, grammar, punctuation, or renumbering or relocating regulatory provisions. To the extent that many of these amendments without regulatory effect are non-substantive and their purpose is self-evident or merely editorial, they are not discussed herein. ECONOMIC IMPACT ANALYSIS/ ASSESSMENT CHAPTER 16. UNDERGROUND STORAGE TANK REGULATIONS

The State Water Resources Control Board (State Water Board) has prepared this Economic Impact Analysis/ Assessment in accordance with Government Code section 11346.3, subdivision (b).

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The proposed regulations clarify or make specific the method of reporting for existing reporting requirements. Some of the proposed amendments require electronic submittal of data and documents via the internet using readily available technology. These amendments are consistent with existing requirements in Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. To assist those regulated businesses that do not have a computer with internet access, some local agencies have made computers available at their offices or other locations within their jurisdictions for regulated businesses to use to submit program information. In addition, some inspectors carry laptop or tablet computers with them when they inspect regulated businesses and assist regulated businesses to submit program information. Creation or Elimination of Jobs within the State of California

No jobs will be created or eliminated because of the proposed regulations. The proposed regulations only amend the method of reporting for specified information and documents. Electronic submittal is via the internet using readily available technology and local agencies are assisting those regulated businesses that do not have a computer with internet access. Creation of New Businesses or the Elimination of Existing Businesses within the State of California

No businesses will be created or eliminated because of the proposed regulations. The proposed regulations only amend the method of reporting for specified information and documents. Electronic submittal is via the internet using readily available technology and local agencies are assisting those regulated businesses that do not have a computer with internet access. Expansion of Businesses Currently Doing Business within the State of California

No businesses currently doing business within the State of California will be expanded because of the proposed regulation. The proposed regulations only amend the method of reporting for specified information and documents. Electronic submittal is via the internet using readily available technology and local agencies are assisting those regulated businesses that do not have a computer with internet access. Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment

The proposed regulations will improve the health and welfare of California residents, worker safety, and the state’s environment because emergency response personnel and agencies will have instant electronic access to facility and chemical information needed to mitigate environmental hazards. In addition, the State Water Board, Regional Water Quality Control Boards, and local agencies will be able to identify and correct potential sources of environmental risk more efficiently by analyzing the data in CERS.

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Article 1. Definition of Terms SECTION 2610. DEFINITIONS/ APPLICABILITY OF DEFINITIONS. Specific Purpose and Necessity of the Proposed Action As amended, the regulations require UST owners or operators and local agencies to submit specified data or documents to CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. Proposed subdivisions (c) and (d) are added to existing section 2610 and existing section 2610(a) is amended accordingly, to incorporate definitions for terms used in the regulations that are defined in section 15110 of title 27 of the California Code of Regulations and chapter 3 of subdivision 1 of division (3) of title 27 of the California Code of Regulations. SECTION 2611. ADDITIONAL DEFINITIONS. Specific Purpose and Necessity of the Proposed Action

1. “GeoTracker” – (added) Existing regulations refer to the state Geographic Information

System mapping database, rather than provide the specific name of that database, GeoTracker. References to the state Geographic Information System mapping database are replaced with GeoTracker and this definition of “GeoTracker” is added for clarification purposes.

2. “Submit” – (added) As amended, the regulations clarify or make specific existing UST

reporting requirements by stating the method by which UST owners or operators and local agencies must submit specified data and documents to the State Water Board, Regional Water Boards, or the applicable local agency. This definition of “submit” is added to provide that where a method of submittal is specified, submittal only is valid if the document or information is submitted through the specified method. This definition also provides that where no submittal method is specified, the document or information may be provided by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the agency that will receive the submittal.

Article 3: New Underground Storage Tank Design, Construction, and Monitoring Requirements

SECTION 2631.2. BIODIESEL BLENDS – VARIANCE FROM MATERIAL

COMPATIBILITY CERTIFICATION REQUIREMENTS. Specific Purpose and Necessity of the Proposed Action The existing submittal requirement in existing section 2631.2(e)(4) is amended to require that the “UST Facility Operating Permit Application – UST Tank Information/Monitoring Plan” submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. The owner also must submit a written statement

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that the underground storage tank and components are compatible with the biodiesel blend stored or to be stored. The written statement of compatibility may be provided by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the agency that will receive the submittal. SECTION 2632. MONITORING AND RESPONSE PLAN REQUIREMENTS FOR NEW

UNDERGROUND STORAGE TANKS CONSTRUCTED PURSUANT TO SECTION 2631.

Specific Purpose and Necessity of the Proposed Action The existing submittal requirement in existing section 2632(d) is amended to require that the submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. SECTION 2634. MONITORING AND RESPONSE PLAN REQUIREMENTS FOR NEW

UNDERGROUND STORAGE TANKS CONTAINING MOTOR VEHICLE FUEL AND CONSTRUCTED PURSUANT TO SECTION 2633.

Specific Purpose and Necessity of the Proposed Action The existing submittal requirements in subdivisions (d)(2) and (e) of existing section 2632 are amended to require that the submittals be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. SECTION 2635. INSTALLATION AND TESTING REQUIREMENTS FOR ALL NEW

UNDERGROUND STORAGE TANKS. Specific Purpose and Necessity of the Proposed Action The existing submittal requirement in existing section 2635(d) is amended to require that the submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. SECTION 2636. DESIGN, CONSTRUCTION, INSTALLATION, TESTING, AND

MONITORING REQUIREMENTS FOR PIPING. Specific Purpose and Necessity of the Proposed Action 1. Section 2636(c)(2) – The existing submittal requirement in existing section 2636(c)(2) is

amended to require that the submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq.

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2. Section 2636(g)(1)(B) – For clarification purposes, the reference to the state Geographic Information System mapping database in existing section 3636(g)(1)(B) is replaced with the more specific term, GeoTracker.

Article 4. Existing Underground Storage Tank Monitoring Requirements SECTION 2640. GENERAL APPLICABILITY OF ARTICLE. Specific Purpose and Necessity of the Proposed Action For clarification purposes, the reference to the state Geographic Information System mapping database in existing section 3636(g)(1)(B) is replaced with the more specific term, GeoTracker. SECTION 2643. NON-VISUAL MONITORING/ QUANTITATIVE RELEASE DETECTION

METHODS. Specific Purpose and Necessity of the Proposed Action The existing reporting requirement in existing section 2643(g) is amended to require that the report be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. SECTION 2644.1 ENHANCED LEAK DETECTION. Specific Purpose and Necessity of the Proposed Action The existing reporting requirement in existing section 2643(a)(5) is moved to proposed section 2643(e) and is amended to require that the report be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. Article 5. Release Reporting and Initial Abatement Requirements SECTION 2652. REPORTING, INVESTIGATION AND INITIAL RESPONSE

REQUIREMENTS FOR UNAUTHORIZED RELEASES Specific Purpose and Necessity of the Proposed Action 1. Section 2652(c) – The existing reporting requirement in existing section 2652(c) is amended

to require that the report be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq.

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2. Section 2653(d) – The reporting requirement in existing section 2653(d) is amended to clarify that the required reports must be submitted electronically through GeoTracker consistent with existing requirements in California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq. This amendment does not change existing requirements.

SECTION 2655. FREE PRODUCT REMOVAL REQUIREMENTS. Specific Purpose and Necessity of the Proposed Action The reporting requirement in existing section 2655(e) is amended to clarify that the required report must be submitted electronically through GeoTracker consistent with existing requirements in California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq. This amendment does not change existing requirements. Article 6. Underground Storage Tank Repair and Upgrade Requirements SECTION 2663. INTERIOR TANK LINING REQUIREMENTS. Specific Purpose and Necessity of the Proposed Action The existing submittal requirements in subdivisions (b) and (h) of existing section 2663 are amended to require that the submittals be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. SECTION 2664. REQUIREMENTS FOR USING BLADDER SYSTEMS. Specific Purpose and Necessity of the Proposed Action The existing submittal requirement in existing section 2664(b)(6) is amended to require that the submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. Article 10. Permit Application, Quarterly Report and Trade Secret Request Requirements SECTION 2711. INFORMATION AND APPLICATION FOR PERMIT TO OPERATE AN

UNDERGROUND STORAGE TANK. Specific Purpose and Necessity of the Proposed Action The existing submittal requirements in subdivisions (b) and (c) of existing section 2711 are amended to require that the submittals be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq.

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SECTION 2712. PERMIT CONDITIONS. Specific Purpose and Necessity of the Proposed Action 1. Section 2712(c) – For identification and tracking purposes, the CERS identification number

is added to the items that must be included on a permit to operate. 2. Section 2712(d) – The existing submittal requirement in existing section 2712(d) is amended

to require that the submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq.

3. Section 2712(i) – The existing requirement to retain a copy of the permit to operate at the

facility is amended to clarify that the facility does not need to retain a paper copy of the permit, if an electronic copy of the permit is readily accessible at the facility.

SECTION 2713. LOCAL AGENCY REPORTING REQUIREMENTS. Specific Purpose and Necessity of the Proposed Action 1. Section 2713(a) – The existing submittal requirement in existing section 2713(a) is amended

to require that the submittal be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq.

2. Section 2713(c) & (d) – The existing reporting requirements in subdivisions (c) and (d) of

existing section 2713 are amended to require that the report be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. As amended, proposed subdivision (d) includes a requirement that local agencies include the specific type of violation for which the local agency took each enforcement action consistent with existing subdivision (c) and existing practice.

SECTION 2714. TRADE SECRET PROVISIONS. Specific Purpose and Necessity of the Proposed Action 1. Section 2714(a) – The existing submittal requirements in subdivision (a) of existing

section 2714 is amended to specify what application information must be submitted through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq., where the person making an application believes some of the information on the application is a trade secret. As amended, proposed subdivision (a) provides that information that the applicant believes is a trade secret must be submitted to the local agency separately.

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2. Section 2714(f) – Pursuant to subdivision (f) of existing section 2714, where a document or portion of a document has been found to be confidential or is being reviewed to determine if confidentiality should exist, the document must be placed in a separate “confidential” file and a notation should be placed in the file that further information is in the confidential file. The requirement to notate the file is deleted as unnecessary because a notation is included in the CERS submittal. All information not being withheld as a trade secret must be submitted in CERS or a local reporting portal and the applicant must indicate that information is being withheld as a trade secret. If the local agency finds that the request for trade secret protection is not valid the information will need to be submitted in CERS or a local reporting portal.

SECTION 2715. CERTIFICATION, LICENSING, AND TRAINING REQUIREMENTS FOR

UNDERGROUND STORAGE TANK OWNERS, OPERATORS, INSTALLERS, SERVICE TECHNICIANS, AND INSPECTORS.

Specific Purpose and Necessity of the Proposed Action The existing submittal requirements in existing section 2715(a) are amended for clarification purposes and to require that the submittals be made through CERS or a local reporting portal consistent with Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. Article 11. Corrective Action Requirements

SECTION 2722. SCOPE OF CORRECTIVE ACTION. Specific Purpose and Necessity of the Proposed Action The submittal requirement in existing section 2722(c) is amended to clarify that if a regulatory agency has assumed responsibility for overseeing corrective action the required plan must be submitted electronically through GeoTracker consistent with existing requirements in California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq. This amendment does not change existing requirements. SECTION 2725. SOIL AND WATER INVESTIGATION PHASE. Specific Purpose and Necessity of the Proposed Action The submittal requirement in existing section 2725(c) is amended to clarify that the required plan must be submitted electronically through GeoTracker consistent with existing requirements in California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq. This amendment does not change existing requirements.

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SECTION 2726. CORRECTIVE ACTION PLAN IMPLEMENTATION PHASE. Specific Purpose and Necessity of the Proposed Action

The submittal requirements in subdivisions (b) and (c) of existing section 2725 are amended to clarify that the required plan must be submitted electronically through GeoTracker consistent with existing requirements in California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq. This amendment does not change existing requirements. SECTION 2727. VERIFICATION MONITORING PHASE. Specific Purpose and Necessity of the Proposed Action The submittal requirement in existing section 2727(c) is amended to clarify that the required reports must be submitted electronically through GeoTracker consistent with existing requirements in California Code of Regulations, title 23, division 3, chapter 30, section 3890 et eq. This amendment does not change existing requirements.

Text of Originally Proposed Regulations




PROPOSED AMENDMENTS

JANUARY 2016 State Water Resources Control Board


The proposed changes: insertions shown as underline and deletions shown as strikethrough.

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TITLE 23. WATERS DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND

REGIONAL WATER QUALITY CONTROL BOARDS CHAPTER 16. UNDERGROUND TANK REGULATIONS

Article 1. Definition of Terms

§ 2610. Definitions/Applicability of Definitions

(a) Unless the context requires otherwise and except as provided by subdivision (c), the terms used in this chapter shall have the definitions provided by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code, or by section 2611 of this article.

(b) Except as otherwise specifically provided herein, the following terms are defined in section 25281of Chapter 6.7 of Division 20 of the Health and Safety Code:

Automatic Line Leak Detector line leak detector Board Department Facility Federal Act act Local Agency agency Owner Pipe Primary Containment containment Product-Tight Product-tight Release Secondary Containment containment Single-Walled Single-walled Special Inspector inspector Storage/Store Storage or store SWEEPS Tank Tank Integrity Test integrity test Tank Tester tester Unauthorized Release release Underground Storage Tank storage tank Underground Tank System/Tank System tank system or tank system

(c) The following terms shall have the same meaning as defined in section 15110 of title 27 of the California Code of Regulations:

California Environmental Reporting System Data collection Data element Document Electronic reporting Local reporting portal Local information management system Signed or signature Submittal element

Unified Program Data Dictionary

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(d) The following shall have the same meaning as defined in chapter 3 of subdivision 1 of division 3 of title 27 of the California Code of Regulations:

UST Operating Permit Application – Facility Information UST Operating Permit Application – Tank Information UST Operating Permit Application – Monitoring Information UST Certification of Installation/ Modification Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section Sections 25281, 25404, and 25404.1, Health and Safety Code.

§ 2611. Additional Definitions Unless the context requires otherwise, the following definitions shall apply to terms used in this chapter. “Bladder system” means a flexible or rigid material which provides primary containment including an interstitial monitoring system designed to be installed inside an existing underground storage tank. “Best management practice” means any underground storage tank system management and operation practice that is the most effective and practicable method of preventing or reducing the probability of a release. “Cathodic protection tester” means any individual who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers or the International Code Council, demonstrating education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried or submerged metallic piping and underground storage tank systems. “Coatings expert” means a person who, by reason of thorough training, knowledge and experience in the coating of metal surfaces, is qualified to engage in the practice of internal tank lining inspections. The term includes only those persons who are independent of any lining manufacturer or applicator and have no financial interest in the tank or tanks being monitored. “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the underground storage tank. “Connected piping” means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which hazardous substances flow. For the purpose of determining how much piping is connected to any individual underground storage tank system, the piping that joins two underground storage tank systems should be allocated equally between them. “Continuous monitoring” means a system using equipment which routinely performs the required monitoring on a periodic or cyclic basis throughout each day.

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“Corrosion specialist” means any individual who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers as a corrosion specialist, or be a registered professional engineer with a current certificate or license requiring education and experience in corrosion control of buried or submerged metallic piping and underground storage tank systems. “Decommissioned tank” means an underground storage tank which cannot be used for one or more of the following reasons: 1) the tank has been filled with an inert solid; 2) the fill pipes have been sealed; or, 3) the piping has been removed. “Designated underground storage tank operator” or “designated UST operator” means one or more individuals designated by the owner to have responsibility for training facility employees and conducting monthly visual inspections at an underground storage tank facility. A “designated UST operator” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions. “Dispenser” means an aboveground or underground device that is used for the delivery of a hazardous substance from an underground storage tank. Dispenser includes metering and delivery devices, and fabricated assemblies located therein. “Emergency containment” means a containment system for accidental spills which are infrequent and unpredictable. “Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation. “Existing underground storage tank” means an underground storage tank installed prior to January 1, 1984. The term also includes an underground storage tank installed before January 1, 1987 and which is located on a farm, has a capacity greater than 1,100 gallons, and stores motor vehicle fuel used primarily for agricultural purposes and not for resale. “Facility employee” means an individual who is employed on-site at an underground storage tank facility, and who may be called upon to respond to spills, overfills, or other problems associated with the operation of the underground storage tank system. A “facility employee” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions. “Fail safe” means that a monitoring system will shut down the turbine pump in the event of a power outage, or when the monitoring system fails or is disconnected. “Farm tank” means any one tank or a combination of manifolded tanks that: 1) are located on a farm; and, 2) holds no more than 1,100 gallons of motor vehicle fuel which is used primarily for agricultural purposes and is not held for resale. “First ground water” means the uppermost saturated horizon encountered in a bore hole.

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“Free product” refers to a hazardous substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in water). “GeoTracker” has the same meaning as “Geotracker” as defined in section 3891 of title 23 of the California Code of Regulations. “Ground water” means subsurface water which will flow into a well. “Hazardous substance” means a substance which meets the criteria of either subsection paragraph (1) or subsection paragraph (2) of subdivision (h) of section 25281(f) of the Health and Safety Code. “Heating oil tank” means a tank located on a farm or at a personal residence and which holds no more than 1,100 gallons of home heating oil which is used consumptively at the premises where the tank is located. “Holiday,” when used with respect to underground storage tank coating or cladding, means a pinhole or void in a protective coating or cladding. “Hydraulic lift tank” means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. “Inconclusive” means the conclusion of a statistical inventory reconciliation report that is not decisive as to whether a release has been detected. “Independent testing organization” means an organization which tests products or systems for compliance with voluntary consensus standards. To be acceptable as an independent testing organization, the organization shall not be owned or controlled by any client, industrial organization, or any other person or institution with a financial interest in the product or system being tested. For an organization to certify, list, or label products or systems in compliance with voluntary consensus standards, it shall maintain formal periodic inspections of production of products or systems to ensure that a listed, certified, or labeled product or system continues to meet the appropriate standards. “Independent third party” means independent testing organizations, consulting firms, test laboratories, not-for-profit research organizations and educational institutions with no financial interest in the matters under consideration. The term includes only those organizations which are not owned or controlled by any client, industrial organization, or any other institution with a financial interest in the matter under consideration. “Integral secondary containment” means a secondary containment system manufactured as part of the underground storage tank. “Interstitial Liquid Level Measurement liquid level measurement” Method method (as the term is used in section 25290.1 of the Health and Safety Code) or “Hydrostatic Monitoring” Method “hydrostatic monitoring” method means a release detection method that continuously monitors the liquid level within a liquid-filled interstitial space of an underground storage tank. The term includes only those release detection systems that are capable of detecting a breach in the primary or secondary containment of the underground storage tank component(s) being monitored before the hazardous substance stored is released to the environment. To accomplish this, the liquid in the interstitial space shall be maintained at a pressure greater than

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the operating pressure found within the component(s) being monitored. This pressure may be achieved, for example, by adequately elevating the liquid reservoir or by pressurizing the liquid-filled interstice. Hydrostatic monitoring methods shall meet the requirements of section 2643, subdivision (f). “Interstitial space” means the space between the primary and secondary containment systems. “Leak threshold” means the value against which test measurements are compared and which serves as the basis for declaring the presence of a leak. The leak threshold is set by the manufacturer in order to meet state and federal requirements. Leak threshold is not an allowable leak rate. “Liquid asphalt tank” means an underground storage tank which contains steam-refined asphalts. “Liquefied petroleum gas tank” means an underground storage tank which contains normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in a liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit. “Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing hazardous substances. “Manufacturer” means any business which produces any item discussed in these regulations. “Manual inventory reconciliation” means a procedure for determining whether an underground tank system is leaking based on bookkeeping calculations, using measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. This terms does not include procedures which are based on statistical inventory reconciliation. “Membrane liner” means any membrane sheet material used in a secondary containment system. A membrane liner shall be compatible with the substance stored. “Membrane liner fabricator” means any company which converts a membrane liner into a system for secondary containment. “Membrane manufacturer” means any company which processes the constituent polymers into membrane sheeting from which the membrane liner is fabricated into a system for secondary containment. “Motor vehicle” means a self-propelled device by which any person or property may be propelled, moved, or drawn. “Motor vehicle fuel tank” means an underground storage tank that contains a petroleum product. The definition does not include underground storage tanks that contain used oil. “New underground storage tank” means an underground storage tank which is not an existing underground storage tank.

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“Non-volumetric test” means a tank integrity test method that ascertains the physical integrity of an underground storage tank through review and consideration of circumstances and physical phenomena internal or external to the tank. “Operational life” means the period beginning when installation of the tank system has begun until the time the tank system should be properly closed. “Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank system. “Person”, as defined in Chapter 6.7 of Division 20 of the Health and Safety Code includes any entity defined as a person under the Federal Act federal act. “Perennial ground water” means ground water that is present throughout the year. “Petroleum” means petroleum including crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. “Pipeline leak detector” means a continuous monitoring system for underground piping capable of detecting at any pressure, a leak rate equivalent to a specified leak rate and pressure, with a probability of detection of 95 percent or greater and a probability of false alarm of 5 percent or less. “Probability of detection” means the likelihood, expressed as a percentage, that a test method will correctly identify a leaking underground storage tank. “Probability of false alarm” means the likelihood, expressed as a percentage, that a test method will incorrectly identify a “tight” tank as a leaking underground storage tank. “Qualitative release detection method” means a method which detects the presence of a hazardous substance or suitable tracer outside the underground storage tank being tested. “Quantitative release detection method” means a method which determines the integrity of an underground storage tank by measuring a release rate or by determining if a release exceeds a specific rate. “Release detection method or system” means a method or system used to determine whether a release of a hazardous substance has occurred from an underground tank system into the environment or into the interstitial space between an underground tank system and its secondary containment. “Repair” means to restore a tank or underground storage tank system component that has caused a release of a hazardous substance from the underground storage tank system. “Septic tank” means a tank designed and used to receive and process biological waste and storage. “Service technician” means any individual who installs or tests monitoring equipment, or provides maintenance, service, system programming or diagnostics, calibration, or trouble-shooting for underground storage tank system components.

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“Statistical inventory reconciliation” means a procedure to determine whether a tank is leaking based on the statistical analysis of measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. “Statistical inventory reconciliation provider” means the developer of a statistical inventory reconciliation method that meets federal and state standards as evidenced by a third-party evaluation conducted according to section 2643(f), or an entity that has been trained and certified by the developer of the method to be used. In either case, the provider shall have no direct or indirect financial interest in the underground storage tank being monitored. “Storm water or wastewater collection system” means piping, pumps, conduits and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance. “Submit” means to provide documentation or information to the State Water Board, the Regional Water Quality Board, or the local agency by the specified method. If no method is specified herein, submittal may be made by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the agency that will receive the submittal. “Substantially beneath the surface of the ground” means that at least 10 percent of the underground tank system volume, including the volume of any connected piping, is below the ground surface or enclosed below earthen materials. “Sump,” “pit,” “pond,” or “lagoon” means a depression in the ground which lacks independent structural integrity and depends on surrounding earthen material for structural support of fluid containment. “Tank integrity test” means a test method that can ascertain the physical integrity of any underground storage tank. The term includes only test methods which are able to detect a leak of 0.1 gallons per hour with a probability of detection of at least 95 percent and a probability of false alarm of 5 percent or less. The test method may be either volumetric or non-volumetric in nature. A leak rate is reported using a volumetric test method, whereas, a non-volumetric test method reports whether a substance or physical phenomenon is detected which may indicate the presence of a leak. “Unauthorized release” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code does not include intentional withdrawals of hazardous substances for the purpose of legitimate sale, use, or disposal. “Under-Dispenser Containment” “Under-dispenser containment” means secondary containment that is located under a dispenser. “Under-Dispenser “Under-dispenser spill containment or control system” means a device that is capable of preventing an unauthorized release from under the dispenser from entering the soil or groundwater or both. “Upgrade” means the addition or retrofit of some systems such as cathodic protection, lining, secondary containment, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of hazardous substances.

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“Volumetric test” means a tank integrity test method that ascertains the physical integrity of any underground storage tank through review and comparison of tank volume. “Voluntary consensus standards” means standards that shall be developed after all persons with a direct and material interest have had a right to express a viewpoint and, if dissatisfied, to appeal at any point (a partial list of the organizations that adopt voluntary consensus standards are shown in Appendix I, Table B). “Wastewater treatment tank” means a tank designed to treat influent wastewater through physical, chemical, or biological methods and which is located inside a public or private wastewater treatment facility. The term includes untreated wastewater holding tanks, oil water separators, clarifies, sludge holding tanks, filtration tanks, and clarified water tanks that do not continuously contain hazardous substances. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25282, 25283, 25284, 25284.1, 25290.1, 25292.3, 25296.35, and 25299.5(a), Health and Safety Code; 40 CFR 280.10 and 280.12.

Article 3. New Underground Storage Tank Design, Construction, and Monitoring Requirements

§ 2631.2. Biodiesel Blends - Variance from Material Compatibility Certification Requirements (a) This section provides for a temporary variance from certain provisions of sections 2631,

2631.1, and 2643, which will allow owners to store biodiesel blends up to 20 percent biodiesel (B20) by volume in underground storage tanks before testing by an independent testing organization has been completed.

(b) Biodiesel means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from

vegetable oils or animal fats, designated B100, that meets the requirements of the American Society for Testing and Materials Standard Specification D-6751, and the registration requirements of the United States Environmental Protection Agency as a fuel and as a fuel additive under the Clean Air Act (42 U.S.C. Sec. 7401).

(c) Biodiesel blend means a fuel that contains one percent to 99.99 percent biodiesel blended

with diesel fuel. (d) For purposes of this section, where a biodiesel blend is designated BX, X represents the

percentage of the fuel, by volume, that is biodiesel. For example, B20 means a biodiesel blend that contains 20 percent, by volume, of biodiesel.

(e) For an underground storage tank storing biodiesel blends greater than B5 and up to and

including B20, a variance from the approval requirements contained in section 2631, subdivision (b) and section 2631.1, subdivision (b) shall be provided by the local agency if all of the following requirements are satisfied:

(1) The underground storage tank meets the construction requirements contained in Health

and Safety Code section 25291, subdivision (a), paragraphs (1)-(6), inclusive and subdivisions (b)-(i), inclusive, section 25290.1 or section 25290.2, as applicable.

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(2) The underground storage tank and components are approved for the storage of petroleum diesel pursuant to section 2631, subdivision (b).

(3) The underground storage tank satisfies, and the owner or operator complies with, all

other applicable requirements contained in Chapter 6.7 of Division 20 of the Health and Safety Code, the regulations adopted to implement that chapter, and operational requirements contained in a permit issued pursuant to Section section 25284 of the Health and Safety Code.

(4) The owner provides both of all of the following to the local agency:

(A) A Notice of Intent, signed by the owner, to store a biodiesel blend greater than B5

and up to and including B20 in the underground storage tank pursuant to the variance established in this section.

(B) An “Operating Permit Application - Tank Information” form contained in Title 27,

Division 3, Subdivision 1, Chapter 6 that identifies the biodiesel blend accompanied by a A written statement from the owner that the underground storage tank and components are compatible with the biodiesel blend stored or to be stored. The biodiesel blend shall be identified by using the “Other Petroleum” selection under “Tank Use and Contents” on the form and specifying the biodiesel blend in accordance with subdivision (d). This statement shall be supported by documentation from the underground storage tank manufacturer or a nationally-recognized research organization with applicable expertise.

(C) Within 30 days of introducing the biodiesel blend into the underground storage tank,

update with identification of the biodiesel blend and submit the “UST Facility Operating Permit Application – UST Tank Information/Monitoring Plan” submittal element through the California Environmental Reporting System or a local reporting portal.

(5) The owner maintains documentation verifying that each delivery of biodiesel blend meets

the applicable ASTM specification. (f) For an underground storage tank system storing biodiesel blends up to and including B20, a

variance from the certification requirements of section 2643, subdivision (f) shall be provided by the local agency if all of the following requirements are satisfied:

(1) The release detection method otherwise meets the requirements contained in

section 2643 for the biodiesel blend stored. (2) The owner provides both of the following to the local agency:

(A) A Notice of Intent, signed by the owner, to utilize release detection method or

equipment pursuant to the variance established in this section. (B) A written statement by the owner that the release detection method or equipment

functions with the biodiesel blend stored or to be stored. This statement shall be supported by documentation from the manufacturer of the release detection method or equipment.

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(3) The underground storage tank meets the requirements contained in paragraphs (1) to (3), inclusive, of subdivision (e).

(g) The variance established in subdivision (e) shall become inoperative on the following date,

whichever date is sooner:

(1) Ninety days after the date of any decision by the applicable certification organization that determines that the certification for underground storage tanks that contain the biodiesel blend stored are included in the standard petroleum diesel approval or that determines that materials or components of the underground storage tank for which the variance was obtained are not compatible with the biodiesel blend stored.

(2) Thirty-six (36) months from the effective date of this section.

(h) The variance contained in subdivision (f) shall become inoperative thirty-six (36) months

from the effective date of this section. (i) If the variance established under subdivision (e) becomes inoperative pursuant to

paragraph (2) of subdivision (g) or because the applicable certification organization determines that materials or components of the underground storage tank for which the variance was obtained are not compatible with the biodiesel blend stored, the owner shall empty the underground storage tank and the local agency shall inspect the underground storage tank pursuant to Health and Safety Code section 25288 before any other substance is stored.

Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, 25286, 25290.1, 25290.2, 25291, 25404, and 25404.1, Health and Safety Code.

§ 2632. Monitoring and Response Plan Requirements for New Underground Storage Tanks Constructed Pursuant to Section 2631 (a) This section is applicable only to underground storage tanks constructed pursuant to the

requirements of section 2631. (b) Owners or operators of underground storage tanks subject to this section shall implement a

monitoring program approved by the local agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subsection subdivision (c) and shall include the items listed in subsection subdivision (d).

(c) Monitoring of the interstitial space shall include either visual monitoring of the primary

containment system as described in subsection subdivision (c)(1) or one or more of the methods listed in subsection subdivision (c)(2).

(1) A visual monitoring program shall incorporate all of the following:

(A) All exterior surfaces of the underground storage tanks and the surface of the floor

directly beneath the underground storage tanks shall be capable of being monitored by direct viewing.

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(B) Visual inspections shall be performed daily, except on weekends and recognized state and/or federal holidays. Inspections may be more frequent if required by the local agency or the local agency may reduce the frequency of visual monitoring at facilities where personnel are not normally present and inputs to and withdrawals from the underground storage tanks are very infrequent. In these instances, visual inspection shall be made weekly. The inspection schedule shall take into account the minimum anticipated time during which the secondary containment system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections will occur on a routine basis when the liquid level in the tanks is at its highest. The inspection frequency shall be such that any unauthorized release will remain observable on the exterior of or the surface immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable shall consider the volatility of the hazardous substance and the porosity and slope of the surface immediately beneath the tanks.

(C) The liquid level in the tank shall be recorded at the time of each inspection. (D) If any liquid is observed around or beneath the primary containment system, the

owner or operator shall, if necessary, have the liquid analyzed in the field using a method approved by the local agency or in a laboratory to determine if an unauthorized release has occurred. The owner or operator shall have a tank integrity test conducted, if necessary, to determine whether the primary containment system is leaking. If a leak is confirmed, the owner or operator shall comply with the applicable provisions of Article 5, Article 6, and Article 7.

(2) A monitoring program which relies on the mechanical or electronic detection of the

hazardous substance in the interstitial space shall include one or more of the methods in Table 3.2. The following requirements shall apply when appropriate:

(A) The interstitial space of the tank shall be monitored using a continuous monitoring

system which meets the requirements of section 2643(f). (B) The continuous monitoring system shall be connected to an audible and visual alarm

system approved by the local agency. (C) For methods of monitoring where the presence of the hazardous substance is not

determined directly, for example, where liquid level measurements in the interstitial space are used as the basis for determination, the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance in the interstitial space if the indirect methods indicate a possible unauthorized release.

(d) All monitoring programs shall include the following:

(1) A written procedure for monitoring, submitted on entered into the “Underground Storage Tank UST Tank Information/Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, submittal element in the California Environmental Reporting System or a local reporting portal which establishes:

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(A) The frequency of performing the monitoring; (B) The methods and equipment, identified by name and model, to be used for

performing the monitoring; (C) The location(s), as identified on a plot plan, where the monitoring will be performed; (D) The name(s) and title(s) of the person(s) responsible for performing the monitoring

and/or maintaining the equipment; (E) The reporting format; (F) The preventive maintenance schedule for the monitoring equipment. The

maintenance schedule shall be in accordance with the manufacturer's instructions, and;

(G) A description of the training necessary for the operation of both the tank system and

the monitoring equipment.

(2) A response plan submitted through the California Environmental Reporting System or a local reporting portal which demonstrates, to the satisfaction of the local agency, that any unauthorized release will be removed from the secondary containment system within the time consistent with the ability of the secondary containment system to contain the hazardous substance, but not more than 30 calendar days or a longer period of time as approved by the local agency. The response plan shall include, but is not limited to, the following:

(A) A description of the proposed methods and equipment to be used for removing and

properly disposing of any hazardous substances, including the location and availability of the required equipment if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site.

(B) The name(s) and title(s) of the person(s) responsible for authorizing any work

necessary under the response plan. (e) When implementation of a monitoring program or any other condition indicates that an

unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 5. If the release came from the tank system, the owner or operator shall replace, repair, or close the tank in accordance with Articles 3, 6, or 7, respectively.

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Table 3.2 Methods of Monitoring for Hazardous Substances in the Interstitial Space of an Underground Storage Tank System

Methods of Monitoring

Condition Pressure or of the Type of Liquid Hazardous Vacuum

Secondary Substance Level Substance Vapor Loss System [FN1] Stored Indicator [FN2] Sensor [FN3] Monitor Detector [FN4]

Dry Volatile X X X X

Dry Nonvolatile X X X

Wet Volatile X X X

Wet Nonvolatile X X X

[FN1] A “dry” system does not contain liquid within the secondary containment during normal operating conditions while a “wet” system does. [FN2] Includes continuously operated mechanical or electronic devices. [FN3] Includes either qualitative or quantitative determinations of the presence of the hazardous substance. [FN4] Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, and 25291, and 25404, Health and Safety Code; 40 CFR 280.43.

§ 2634. Monitoring and Response Plan Requirements for New Underground Storage Tanks Containing Motor Vehicle Fuel and Constructed Pursuant to Section 2633 (a) This section applies only to underground storage tanks containing motor vehicle fuel and

which are constructed in accordance with section 2633. (b) Owners or operators of tanks which are constructed pursuant to section 2633 and which

contain motor vehicle fuel shall implement a monitoring program approved by the local agency and specified in the tank operating permit.

(c) New tanks which contain motor vehicle fuel and which are constructed in accordance with

section 2633 shall be monitored as follows:

(1) The leak interception and detection system shall be monitored in accordance with subsection subdivision (d) of this section;

(2) The motor vehicle fuel inventory shall be reconciled according to the performance

requirements in section 2646; and,

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(3) All underground piping shall be tested and monitored in accordance with section 2636. (d) Before implementing a monitoring program, the owner or operator shall demonstrate to the

satisfaction of the local agency that the program is effective in detecting an unauthorized release from the primary container before it can escape from the leak interception and detection system. A monitoring program for leak interception and detection systems shall meet the following requirements:

(1) The system shall detect any unauthorized release of the motor vehicle fuel using either:

(A) One or more of the continuous monitoring methods provided in Table 3.2. The system shall be connected to an audible and visual alarm system approved by the local agency; or,

(B) Manual monitoring. If this method is used, it shall be performed daily, except on

weekends and recognized state and/or federal holidays, but no less than once in any 72 hour period. Manual monitoring may be required on a more frequent basis as specified by the local agency.

(2) The owner or operator shall prepare a written procedure for routine monitoring,

submitted on the “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, which establishes: procedure for monitoring, entered into the “UST Tank Information/Monitoring Plan” submittal element in the California Environmental Reporting System or a local reporting portal, which establishes:

(A) The frequency of performing the monitoring; (B) The methods and equipment to be used for performing the monitoring; (C) The location(s) where the monitoring will be performed; (D) The name(s) and title(s) of the person(s) responsible for performing the monitoring

and/or maintaining the equipment; (E) The reporting format;

(F) The preventive maintenance schedule for the monitoring equipment. The

maintenance schedule shall be in accordance with the manufacturer's instructions; and



(3) For methods of monitoring where the presence of the hazardous substance is not determined directly, for example, where liquid level measurements are used as the basis for determination (i.e., liquid level measurements), the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance if the indirect method indicates a possible unauthorized release of motor vehicle fuel.

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(e) A response plan for an unauthorized release shall be developed before the underground storage tank system is put into service and submitted through the California Environmental Reporting System or a local reporting portal within 30 days after the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of subsection section 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:

(1) The volume of the leak interception and detection system in relation to the volume of the

primary container; (2) The amount of time the leak interception and detection system shall provide containment

in relation to the period of time between detection of an unauthorized release and cleanup of the leaked substance;

(3) The depth from the bottom of the leak interception and detection system to the highest

anticipated level of ground water; (4) The nature of the unsaturated soils under the leak interception and detection system and

their ability to absorb contaminants or to allow movement of contaminants; and (5) The methods and scheduling for removal all of the hazardous substances which may

have been discharged from the primary container and are located in the unsaturated soils between the primary container and ground water, including the leak interception and detection system sump.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291, and 25292, and 25404, Health and Safety Code; 40 CFR 280.41.

§ 2635. Installation and Testing Requirements for All New Underground Storage Tanks (a) Primary and secondary containment systems shall be designed, constructed, tested, and

certified to comply, as applicable, with all of the following requirements:

(1) All underground storage tanks shall be tested at the factory before being transported. The tests shall determine whether the tanks were constructed in accordance with the applicable sections of the industry code or engineering standard under which they were built.

(2) The outer surface of underground storage tanks constructed of steel shall be protected

from corrosion as follows, except that primary containment systems installed in a secondary containment system and not backfilled do not need cathodic protection:

(A) Field-installed cathodic protection systems shall be designed and certified as

adequate by a corrosion specialist. The cathodic protection systems shall be tested by a cathodic protection tester within six months of installation and at least every three years thereafter. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed in accordance with voluntary consensus standards.

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Impressed-current cathodic protection systems shall also be inspected no less than every 60 calendar days to ensure that they are in proper working order.

(B) Underground storage tanks protected with fiberglass-reinforced plastic coatings,

composites, or equivalent non-metallic exterior coatings or coverings, including coating/sacrificial anode systems, shall be tested at the installation site using an electric resistance holiday detector. All holidays detected shall be repaired and checked by a factory authorized repair service before installation. During and after installation, care shall be taken to prevent damage to the protective coating or cladding. Preengineered corrosion protection systems with sacrificial anodes shall be checked once every three years in accordance with the manufacturer's instructions.

(3) Before installation, the tank shall be tested for tightness at the installation site in

accordance with the manufacturer's written guidelines. If there are no guidelines, the primary and secondary containment shall be tested for tightness with air pressure at not less than 3 pounds per square-inch (20.68 k Pa) and not more than 5 pounds per square-inch (34.48 k Pa). In lieu of the above, an equivalent differential pressure test, expressed in inches of mercury vacuum, in the interstitial space of the secondary containment, is acceptable. The pressure (or vacuum in the interstitial space) shall be maintained for a minimum of 30 minutes to determine if the tank is tight. If a tank fails the tightness test, as evidenced by soap bubbles, or water droplets, installation shall be suspended until the tank is replaced or repaired by a factory authorized repair service. Following repair or replacement, the tank shall pass a tightness test.

(4) All secondary containment systems shall pass a post- installation test which meets the

approval of the local agency. (5) After installation, but before the underground storage tank is placed in service, a tank

integrity test shall be conducted to ensure that no damage occurred during installation. The tank integrity test is not required if the tank is equipped with an interstitial monitor certified by a third-party evaluator to meet the performance standards of a “tank integrity test” as defined in section 2611, or if the tank is tested using another method deemed by the State Water Resources Control Board to be equivalent.

(6) All underground storage tanks shall be installed according to a code of practice

developed in accordance with voluntary consensus standards and the manufacturer's written installation instructions. The owner or operator shall certify that the underground storage tank was installed in accordance with the above requirements as required by subsection subdivision (d) of this section.

(7) All underground storage tanks subject to flotation shall be anchored using methods

specified by the manufacturer or, if none exist, shall be anchored according to the best engineering judgment.

(b) All underground storage tanks shall be equipped with a spill container and an overfill

prevention system as follows:

(1) The spill container shall collect any hazardous substances spilled during product delivery operations to prevent the hazardous substance from entering the subsurface environment. The spill container shall meet the following requirements:

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(A) If it is made of metal, the exterior wall shall be protected from galvanic corrosion. (B) It shall have a minimum capacity of five gallons (19 liters). (C) It shall have a drain valve which allows drainage of the collected spill into the primary

container or provide a means to keep the spill container empty. (2) The overfill prevention system shall not allow for manual override and shall meet one of

the following requirements:

(A) Alert the transfer operator when the tank is 90 percent full by restricting the flow into the tank or triggering an audible and visual alarm; or

(B) Restrict delivery of flow to the tank at least 30 minutes before the tank overfills,

provided the restriction occurs when the tank is filled to no more than 95 percent of capacity; and activate an audible alarm at least five minutes before the tank overfills; or

(C) Provide positive shut-off of flow to the tank when the tank is filled to no more than 95

percent of capacity; or, (D) Provide positive shut-off of flow to the tank so that none of the fittings located on the

top of the tank are exposed to product due to overfilling. (3) The local agency may waive the requirement for overfill prevention equipment where the

tank inlet exists in an observable area, the spill container is adequate to collect any overfill, and the tank system is filled by transfers of no more than 25 gallons at one time.

(c) Secondary containment systems including leak interception and detection systems installed

pursuant to section 2633 shall comply with all of the following:

(1) The secondary containment system shall encompass the area within the system of vertical planes surrounding the exterior of the primary containment system. If backfill is placed between the primary and secondary containment systems, an evaluation shall be made of the maximum lateral spread of a point leak from the primary containment system over the vertical distance between the primary and secondary containment systems. The secondary containment system shall extend an additional distance beyond the vertical planes described above equal to the radius of the lateral spread plus one foot.

(2) The secondary containment system shall be capable of preventing the inflow of the

highest ground water anticipated into the interstitial space during the life of the tank. (3) If the interstitial space is backfilled, the backfill material shall not prevent the vertical

movement of leakage from any part of the primary containment system. (4) The secondary containment system with backfill material shall be designed and

constructed to promote gravity drainage of an unauthorized release of hazardous substances from any part of the primary containment system to the monitoring location(s).

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(5) Two or more primary containment systems shall not use the same secondary containment system if the primary containment systems store materials that in combination may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of any part of the primary or secondary containment system.

(6) Drainage of liquid from within a secondary containment system shall be controlled in a

manner approved by the local agency to prevent hazardous materials from being discharged into the environment. The liquid shall be analyzed to determine the presence of any of the hazardous substance(s) stored in the primary containment system prior to initial removal, and monthly thereafter, for any continuous discharge (removal) to determine the appropriate method for final disposal. The liquid shall be sampled and analyzed immediately upon any indication of an unauthorized release from the primary containment system.

(7) For primary containment systems installed completely beneath the ground surface, the

original excavation for the secondary containment system shall have a water-tight cover which extends at least one foot beyond each boundary of the original excavation. This cover shall be asphalt, reinforced concrete, or equivalent material which is sloped to drainways leading away from the excavation. Access openings shall be constructed as water-tight as practical. Primary containment systems with integral secondary containment and open vaults are exempt from the requirements of this subsection subdivision.

(8) The actual location and orientation of the tanks and appurtenant piping systems shall be

indicated on as-built drawings of the facility. Copies of all drawings, photographs, and plans shall be submitted to the local agency for approval.

(d) Owners or their agents shall certify that the installation of the tanks and piping, meets the

conditions in subdivision paragraphs (1) through (4) below. The certification shall be made on an “Underground Storage Tank Certification of Installation/Modification” form in Title 27, Division 3, Subdivision 1, Chapter 6. the “UST Certification of Installation/ Modification” submittal element in the California Environmental Reporting System or a local reporting portal. (1) The installer has met the requirements set forth in section 2715, subdivisions (g) and (h); (2) The underground storage tank, any primary piping, and any secondary containment, was

installed according to applicable voluntary consensus standards and any manufacturer's written installation instructions;

(3) All work listed in the manufacturer's installation checklist has been completed; and (4) The installation has been inspected and approved by the local agency, or, if required by

the local agency, inspected and certified by a registered professional engineer who has education and experience with underground storage tank system installations.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25290.1, 25290.2, 25291, and 25299, and 25404, Health and Safety Code; 40 CFR 280.20 and 280.40-280.45.

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§ 2636. Design, Construction, Installation, Testing, and Monitoring Requirements for Piping (a) Except as provided below, piping connected to tanks which were installed after July 1, 1987,

shall have secondary containment that complies with the requirements of section 2631 for new underground storage tanks. This requirement does not apply to piping described as follows:

(1) vent Vent or tank riser piping, provided the primary containment system is equipped with

an overfill prevention system meeting the requirements specified in sections 2635(b)(2)(B) or (C); or,

(2) vapor Vapor recovery piping if designed so that it cannot contain liquid-phase product;

or, (3) suction Suction piping if the piping is designed, constructed, and installed as follows:

(A) The below-grade piping operates at less than atmospheric pressure (suction piping); (B) The below-grade piping is sloped so that the contents of the pipe will drain back into

the storage tank if the suction is released (gravity-flow piping); (C) No valves or pumps are installed below grade in the suction line. Only one check

valve is located directly below and as close as practical to the suction pump; (D) An inspection method is provided which readily demonstrates compliance with

subdivisions subparagraphs (A) through (C) above. (b) All corrodible underground piping, if in direct contact with backfill material, shall be protected

against corrosion. Piping constructed of fiberglass-reinforced plastic, steel with cathodic protection, or steel isolated from direct contact with backfill, fulfills this corrosion protection requirement. Cathodic protection shall meet the requirements of section 2635(a)(2).

(c) Underground primary piping shall meet all of the following requirements:

(1) Primary piping in contact with hazardous substances under normal operating conditions shall be installed inside a secondary containment system which may be a secondary pipe, vault, or a lined trench. All secondary containment systems shall be sloped so that all releases will flow to a collection sump located at the low point of the underground piping.

(2) Primary piping and secondary containment systems shall be installed in accordance with

an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator shall certify that the piping was installed in accordance with the above requirements of section 2635(d). The certification shall be made on the “Underground Storage Tank Certification of Installation/Modification” form in Title 27, Division 3, Subdivision 1, Chapter 6. “UST Certification of Installation/ Modification” submittal element in the California Environmental Reporting System or a local reporting portal.

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(d) Lined trench systems used as part of a secondary containment system shall be designed and constructed according to a code of practice or engineering standard approved by a state registered professional engineer. The following requirements shall also apply: (1) All trench materials shall be compatible with the substance stored and evaluated by an

independent testing organization for their compatibility or adequacy of the trench design, construction, and application.

(2) The trench shall be covered and capable of supporting any expected vehicular traffic.

(e) All new primary piping and secondary containments systems shall be tested for tightness

after installation in accordance with manufacturer's guidelines. Primary pressurized piping shall be tested for tightness hydrostatically at 150 percent of design operating pressure or pneumatically at 110 percent of design operating pressure. If the calculated test pressure for pressurized piping is less than 40 psi, 40 psi shall be used as the test pressure. The pressure shall be maintained for a minimum of 30 minutes and all joints shall be soap tested. A failed test, as evidenced by the presence of bubbles, shall require appropriate repairs and retesting. if If there are no manufacturer's guidelines, secondary containment systems shall be tested using an applicable method specified in an industry code or engineering standard. Suction piping and gravity flow piping which cannot be isolated from the tank shall be tested after installation in conjunction with an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f), if approved by the local agency.

(f) Underground piping with secondary containment, including under-dispenser piping with

secondary containment, shall be equipped and monitored with monitoring systems as follows: (1) All secondary containment, including under-dispenser containment, and under-dispenser

spill control or containment systems shall be equipped with a continuous monitoring system that either activates an audible and visual alarm or stops the flow of product at the dispenser when it detects a leak.

(2) Automatic line leak detectors shall be installed on underground pressurized piping and

shall be capable of detecting a 3-gallon per hour leak rate at 10 psi within 1 hour with a probability of detection of at least 95 percent and a probability of false alarm no greater than 5 percent, and shall restrict or shut off the flow of product through the piping when a leak is detected.

[Editor's note: Version of (f)(3) in effect prior to 1-17-2008.] (3) Until November 9, 2004, other monitoring methods may be used in lieu of the

requirement in subdivision paragraph (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. Continuous monitoring systems as described in subdivision paragraph (1), which shut down the pump in addition to either activating the audible and visual alarm or stopping the flow of product at the dispenser, satisfy the automatic line leak detector requirement of subdivision paragraph (2).

[Editor's note: Version of (f)(3) effective 1-17-2008.]

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(3) Until November 9, 2004, other monitoring methods may be used in lieu of the requirement in subdivision paragraph (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. As an example, continuous monitoring systems as described in or stopping the flow of product at the dispenser, satisfy the automatic line leak subdivision paragraph (1), which shut down the pump in addition to either activating the audible and visual alarm detector requirement of subdivision paragraph (2), for purposes of this subdivision (f)(3).

(4) Monitoring shall be conducted on all underground pressurized piping with secondary

containment at least annually at a pressure designated by the equipment manufacturer, provided that the method is capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent of the normal operating pressure of the product piping system at the test pressure with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.

(5) Continuous monitoring systems as described in subdivision (f)(1) satisfy the annual

tightness testing requirement of subdivision (f)(4) if both of the following conditions are met:

(A) The monitoring system shuts down the pump or stops the flow of product at the

dispenser when a leak is detected in the under- dispenser containment. (B) The monitoring system for all product piping other than that contained in the under-

dispenser containment is fail safe, and shuts down the pump when a leak is detected.

(6) For emergency generator tank systems, continuous monitoring systems as described in

subdivision paragraph (1), which activate an audible and visual alarm in the event of a leak or a malfunction of the monitoring system satisfy the automatic line leak detector requirement of subdivision paragraph (2), provided that the monitoring system is checked at least daily by either remote electronic access or on-site visual inspections. A log of daily checks shall be available for local agency review upon request.

(g) Under-dispenser containment shall be designed, constructed, and installed in accordance

with the following:

(1) Owners or Operators of a UST system shall have the system fitted with under-dispenser containment, or an approved under-dispenser spill containment or control system according to the following schedule:

(A) At the time of installation for systems installed after January 1, 2000. (B) By July 1, 2001, for systems installed after July 1, 1987 that are located within 1,000

feet of a public drinking water well, as identified pursuant to the state Geographic Information System mapping database GeoTracker.

(C) By December 31, 2003, for systems not subject to subsection 2636(g)(1)

paragraph (A) or (B).

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(2) Under-dispenser containment shall be designed, constructed, installed, and monitored in accordance with section sections 2631, 2636(c)(2), 2636(e), and 2636(f).

(3) A manufacturer of an under-dispenser spill containment or control system may apply to

the Division of Water Quality Underground Storage Tank Program Manager for approval of the system. Owners or operators shall not install an under-dispenser spill containment or control system that has not been approved.

(A) Applications for approval shall be submitted in writing and include the following:

(i) A description of the proposed system. (ii) Clear and convincing evidence that the system will protect the soil and beneficial

uses of the waters of the state from unauthorized releases. (B) The Program Manager shall review the application to determine if the proposed

system adequately protects the soil and beneficial uses of groundwater before determining whether to approve the proposed system.

(C) The Program Manager may modify or revoke a previously issued approval if it finds

that, based on new evidence, the approved system does not adequately protect the soil and beneficial uses of groundwater from unauthorized releases.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291, 25296.35, and 25299, and 25404, Health and Safety Code; and 40 CFR 280.20 and 280.40-280.45.

Article 4. Existing Underground Storage Tank Monitoring Requirements § 2640. General Applicability of Article (a) The requirements of this article apply to owners or operators of existing underground storage

tanks. (b) The requirements of this article apply during the following periods:

(1) Any operating period, including any period during which the tank is empty as a result of withdrawal of all stored substances before input of additional hazardous substances;

(2) Any period during which hazardous substances are stored in the tank, and no filling or

withdrawal is conducted; and (3) Any period between cessation of the storage of hazardous substances and the actual

completion of closure, pursuant to Article 7, unless otherwise specified by local agency, pursuant to section 2671(b), during a temporary closure period.

(c) This article shall not apply to underground storage tanks that are designed, constructed,

installed, and monitored in accordance with Article 3.

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(d) Owners or operators of tanks monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code shall comply with the requirements of section 2645. Tank systems having a capacity of more than 2,000 gallons shall not be monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code.

(e) An owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as notified by the board according to its Geographic Information System mapping database GeoTracker, shall implement a program of enhanced leak detection or monitoring for that tank system in accordance with section 2644.1. Additionally, the following conditions for enhanced leak detection shall apply:

(1) For the purpose of section 2644.1, vent or tank riser piping, vapor recovery piping, and suction piping that meet the definitions of section 2636(a)(1), (2), or (3), are not considered single-walled components.

(2) Owners or operators notified by the board who believe that their facility is not subject to this requirement may request reconsideration by the Division of Clean Water Programs Water Quality Underground Storage Tank Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 calendar days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, within 90 calendar days of receipt of the request.

(3) The request for reconsideration must include the name and address of the subject facility, the name and address of the owner or operator submitting the request, and the reason(s) why the requester believes the board notification was in error. If the request is based on evidence that the UST system in question is greater than 1,000 feet from a public drinking water well, the request shall include a demonstration that the center of the well head is more than 1,000 ft feet from the closest component of the UST system. If the request is based on evidence that the subject UST system does not have a single-walled component, the request shall include supporting documentation. A copy of the request shall be concurrently submitted to the local agency.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.4, and 25296.35, Health and Safety Code; and 40 CFR 280.40, 280.42, and 280.43(b).

§ 2643. Non-Visual Monitoring/Quantitative Release Detection Methods (a) Non-visual quantitative release detection methods shall comply with the requirements of this

section. Subsection Subdivision (b) contains monitoring requirements for underground storage tanks; subsection subdivision (c) for pressurized piping; subsection subdivision (d) for suction piping; and subsection subdivision (e) for gravity-flow piping. Examples of release detection methods that may be used to meet the requirements of this section are in Appendix III.

(b) Quantitative release detection method used to monitor underground storage tanks shall be conducted according to one of the methods listed in subdivisions paragraphs (1) through (5) below. These quantitative monitoring methods shall meet the requirements of section 2643(f) and shall be capable of detecting release rates specified in this section with

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at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.

(1) Automatic tank gauge - The automatic tank gauge shall test the tank at least once per month after product

delivery or when the tank is filled to within 10 percent of the highest operating level during the previous month and shall be capable of detecting a release of 0.2 gallon per hour. The automatic tank gauge shall generate a hard copy of all data reported including time and date, tank identification, fuel depth, water depth, temperature, liquid volume, and the duration of the test. Automatic tank gauge systems installed on or after January 1, 1995, shall also generate a hard copy of the calculated leak rate and leak threshold.

(2) Automatic tank gauge plus manual inventory reconciliation - The automatic tank gauge shall test the tank at least once per month when the product

level in the tank is at least three feet and shall be capable of detecting a release of 0.1 gallon per hour. The automatic tank gauge shall generate hard copies of data as specified in subdivision (b)(1) above. In addition, manual inventory reconciliation shall be conducted in accordance with section 2646 (except for subsection [b] subdivision (b)).

(3) Statistical inventory reconciliation plus tank integrity testing - Statistical inventory reconciliation shall be conducted at least once per month in

accordance with section 2646.1 and shall be capable of detecting a release of 0.2 gallon per hour. In addition, a tank integrity test shall be conducted once every two years in accordance with section 2643.1.

(4) Manual inventory reconciliation plus tank integrity testing - Manual inventory reconciliation shall be conducted at least once per month in

accordance with section 2646 and shall be capable of detecting a release of 1.0 gallon per hour. In addition, a tank integrity test shall be conducted once per year in accordance with section 2643.1.

(5) Other test methods - Other equivalent test methods may be used following review by the State Water Board

for compliance with this section subdivision and section 2643 subdivision (f). (c) Piping that conveys hazardous substances under pressure shall be monitored in accordance

with subdivision (c) paragraph (1), and either subdivision paragraph (2) or (3).

(1) Monitoring shall be conducted at least hourly at any pressure. The monitoring method shall be capable of detecting a release equivalent to 3.0 gallons per hour defined at 10 pounds per square inch pressure within one hour of its occurrence with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. The leak detection method shall restrict or shut off the flow of product through the piping or trigger a visual and audible alarm if an unauthorized release occurs. If the use

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of piping is intermittent, leak detection monitoring is required only at the beginning or end of the period during which the piping is under pressure, but in any event there shall not be more than one hour between the time the equipment initiates the test and detection of an unauthorized release; and

(2) Monitoring shall be conducted at least monthly at any pressure. The monitoring method

shall be capable of detecting a minimum release equivalent to 0.2 gallon per hour defined at normal operating pressure; or,

(3) Monitoring shall be conducted at least annually (once per calendar year) at a pressure

designated by the equipment manufacturer. The monitoring method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent (one and one half times) the normal operating pressure.

(d) Piping that conveys hazardous substances under less than atmospheric pressure (suction

piping) shall be tested at least every three years at a pressure designated by the test equipment manufacturer. The test method shall by be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at a minimum of 40 psi with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency. Daily monitoring shall be performed as described in Appendix II except for emergency generator systems, which may be monitored less often, but at least monthly. Written records describing the results of the monitoring shall be maintained in accordance with section 2712(b).

(e) Piping that conveys hazardous substances by the force of gravity (excluding vertical drops)

shall be monitored at least once every two years at a pressure designated by the test equipment manufacturer. The method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 40 psi. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency.

(f) Each quantitative release detection method, with the exception of manual inventory

reconciliation and manual tank gauging, shall be certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in subdivisions paragraphs (1) through (3) below:

(1) An independent third party testing laboratory shall evaluate and approve the method

using the appropriate “EPA Standard Test Procedure” for leak detection equipment in Appendix IV; or,


using a voluntary consensus standard that is intended for the method being evaluated; or,

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(3) An independent third party testing laboratory shall evaluate and approve the method using a procedure deemed equivalent to an EPA procedure. Any resultant certification shall include a statement by the association or laboratory that the conditions under which the test was conducted were at least as rigorous as those used in the EPA standard test procedure. This certification shall include statements that:

(A) The method was tested under various conditions that simulate interferences likely to

be encountered in actual field conditions (no fewer nor less rigorous than the environmental conditions used in the corresponding EPA test procedure);

(B) Each condition under which the method was tested was varied over a range

expected to be encountered in 75 percent of the normal test cases; (C) All portions of the equipment or method evaluated received the same evaluation; (D) The amount of data collected and the statistical analysis are at least as extensive

and rigorous as the data collected and statistical analysis used in the corresponding EPA test procedure and are sufficient to draw reasonable conclusions about the equipment or method being evaluated;

(E) The full-sized version of the leak detection equipment was physically tested; and (F) The experimental conditions under which the evaluation was performed and the

conditions under which the method was recommended for use have been fully disclosed and that the evaluation was not based solely on theory or calculation.

(4) The evaluation results referred to in subsections (f) paragraphs (2) and (f)(3) shall

contain the same information and shall be reported following the same general format as the EPA standard results sheet as any corresponding EPA test procedure.

(g) The underground storage tank owner or operator shall notify the local agency 48 hours

before conducting a tank or piping integrity test unless the notification requirement is waived by the local agency. Within 30 calendar days of completion of an underground storage tank or piping integrity test, the tank owner or operator shall provide submit a report to the local agency through the California Environmental Reporting System or a local reporting portal with a report. The results of any underground storage tank tests, other than those required by this article, performed on the underground storage tank or piping to detect an unauthorized release shall be reported submitted by the owner or operator to the local agency through the California Environmental Reporting System or a local reporting portal within 30 calendar days of completion of the test. The report shall be presented in written and/or tabular format, as appropriate, and shall be at a level of detail appropriate for the release detection method used.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section Sections 25292 and 25404, Health and Safety Code; 40 CFR 280.40-280.45.

§ 2644.1. Enhanced Leak Detection (a) An owner or operator who is required, pursuant to section 2640(e), to implement a program

of enhanced leak detection or monitoring shall comply with the requirements of this section as follows:

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(1) Enhanced leak detection means a test method that ascertains the integrity of an underground tank system by introduction, and external detection, of a substance that is not a component of the fuel formulation that is stored in the tank system.

(2) The enhanced leak detection test method shall be third party certified, in accordance

with section 2643(f), for the capability of detecting both vapor and liquid phase releases from the underground storage tank system. The enhanced leak detection test method shall be capable of detecting a leak rate of at least 0.005 gph, with a probability of detection of at least 95% and a probability of false alarm no greater than 5%.

(3) Owners and operators subject to the requirements of this section shall have a program of

enhanced leak detection reviewed and approved by the local agency within 6 months following notification by the board. The enhanced leak detection shall be implemented no later than 18 months following receipt of notification from the board and repeated every 36 months thereafter.

(4) Owners and operators of underground storage tanks subject to the requirements of this

section must notify the local agency at least 48 hours prior to conducting the enhanced leak detection test unless this notification requirement is waived by the local agency.


section shall submit a copy of the enhanced leak detection test report to the board and submit the report to the local agency through the California Environmental Reporting System or a local reporting portal within 60 days of completion of the test.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25291, 25292, and 25292.4, and 25404 Health and Safety Code; and 40 CFR 280.40 and 280.41.

Article 5. Release Reporting and Initial Abatement Requirements § 2652. Reporting, Investigation and Initial Response Requirements for Unauthorized Releases

(a) Owners or operators required under section 2650 to report a release or condition, shall

comply with the requirements of this section. (b) Within 24 hours after an unauthorized release or condition has been detected, or should

have been detected, the owner or operator shall notify the local agency and shall investigate the condition, and take immediate measures to stop the release. If necessary, or if required by the local agency, the owner or operator shall remove the remaining stored substance from the tank to prevent further releases to the environment or to facilitate corrective action. If an emergency exists, the owner or operator shall also notify the State Office of Emergency Services.

(c) Within five working days of detecting an unauthorized release, the owner or operator shall

submit to the local agency through the California Environmental Reporting System or a local reporting portal a full written report which shall include, but not be limited to, all of the following information to the extent that the information is known at the time of filing the report:

(1) Owner's or operator's name and telephone number;

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(2) A list of the types, quantities, and concentrations of hazardous substances released; (3) The approximate date of the release; (4) The date on which the release was discovered; (5) The date on which the release was stopped; (6) A description of the actions taken to control and/or stop the release; (7) A description of the corrective and remedial actions, including investigations which were

undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release;

(8) The method(s) of cleanup implemented to date, proposed cleanup actions, and a time

schedule for implementing the proposed actions; (9) The method and location of disposal of the released hazardous substance and any

contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall be attached to accompany the report;

(10) A description of the proposed method(s) of repair or replacement of the primary and

secondary containment. If this involves a change described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made.

(11) A description of additional actions taken to prevent future releases.

(d) Until investigation and cleanup are complete, the owner or operator shall submit reports to

the local agency or Regional Water Quality Board, through GeoTracker whichever agency is overseeing the cleanup, every three months, or more frequently as if specified by the agency overseeing the cleanup. Reports shall include but not be limited to, an update of the required information in subsection subdivision (c), and the results of all investigation monitoring or other corrective actions which have occurred during the reporting period. Information required by sections 2653 and 2654 shall be submitted as part of the periodic report to the agency.

(e) The owner or operator shall conduct all necessary initial abatement and site characterization

actions as required by sections 2653 and 2654 and shall take additional corrective action as required by Article 11.

(f) If the test results from either an investigation conducted under subsection subdivision (e), or

from other procedures approved by the agency, fail to confirm that there has been an unauthorized release from the underground storage tank, no further investigation or corrective action is required.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25288, and 29295, 25296.35, and 25404, Health and Safety Code; 40 CFR 280.52-280.53.

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§ 2655. Free Product Removal Requirements (a) At sites where investigations made pursuant to section 2652 indicate the presence of free

product, the owner or operator shall comply with the requirements of this section. The owner or operator shall remove free product to the maximum extent practicable, as determined by the local agency, while continuing to take any actions required under sections 2652 through 2654.

(b) Free product shall be removed in a manner that minimizes the spread of contamination into

previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site. The free product removal process shall result in proper treatment, discharge or disposal of recovery by products in compliance with applicable local, state and federal regulations.

(c) Abatement of free product migration shall be the predominant objective in the design of the

free product removal system. (d) Flammable products shall be handled in a safe manner consistent with state and local

requirements. (e) A free product removal report shall be submitted through GeoTracker to the agency

overseeing the cleanup within 45 calendar days of release confirmation and shall include, but not be limited to:

(1) The name of the person(s) responsible for implementing the free product removal

measures; (2) The estimated quantity, type, and thickness of free product observed or measured in

wells, boreholes, and excavations; (3) The type of free product recovery system used; (4) Whether any discharge will take place on-site or off-site during the recovery operation

and, if so, where this discharge will be located; (5) The type of treatment applied to, and the effluent quality expected in, any discharge; (6) The steps that have been or are being taken to obtain necessary permits for the

discharge; and (7) The means of disposal and/or proposed disposition of the recovered free product.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code Reference: Section 25295 and 25296.35, Health and Safety Code; 40 CFR 280.64.

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Article 6. Underground Storage Tank Repair and Upgrade Requirements § 2663. Interior Tank Lining Requirements (a) Tank lining may be used to satisfy part of the upgrade requirements of section 2662 or to

repair a tank pursuant to section 2661. However, a tank that has been repaired using the interior lining method may not be repaired a second time with the interior lining method. The evaluations described in subsections subdivisions (b) and (c) of this section shall be completed before the lining of a primary container may be authorized by the local agency. The local agency shall deny the proposed lining if the owner fails to demonstrate that the lined primary container will provide continued containment based on the evaluations described in subsections subdivisions (b) and (c).

(b) Appropriate tests shall be conducted by a special inspector who shall certify that the shell

will provide structural support if the tank is lined. A copy of this certification shall be provided submitted by the owner to the local agency through the California Environmental Reporting System or a local reporting portal. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon of the following sets of procedures and criteria:

(1) If a tank is made of non-corrodible material, the following shall be performed:

(A) The tank shall be cleaned so that no residue remains on the tank wall surface; (B) The special inspector shall take interior diameter measurements and, if the cross-

section of the tank has compressed more than one percent of the original diameter, the tank shall neither be certified nor returned to service unless the tank is excavated and repaired to correct the compression;

(C) The special inspector shall conduct an interior inspection to identify any area where

compression or tension cracking is occurring and shall determine whether additional fiberglass reinforcing is required for certification before the tank may be lined; and

(D) If the special inspector does not certify the tank as suitable for lining because it failed

a test conducted in accordance with subdivisions (1) subparagraphs (A) through (C) of this subsection paragraph, the tank shall be closed in accordance with Article 7.

(2) If the tank is constructed of steel or steel clad with a non-corrodible material, the

following shall be performed:

(A) The tank interior surface shall be abrasive-blasted completely free of scale, rust, and foreign matter; and,

(B) The entire tank interior shall be tested using a thickness gauge on a one-foot grid

pattern with wall thicknesses recorded on a form that identifies the location of each reading. The tank shall be closed in accordance with Article 7 if the tank's average metal thickness is less than 75 percent of the original wall thickness or if the tank has any of the following defects:

1. An open seam or a split longer than three inches.

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2. A perforation larger than one and one half inches in diameter except directly below a gauging opening at the bottom of a tank where the perforation shall be no longer than two and one half inches in diameter.

3. Five or more perforations in any one square-foot area. 4. Multiple perforations of which any single perforation is larger than one half inch in

diameter.

(3) A test approved by the State Water Board as comparable to the tests specified in subsections (b) paragraphs (1) or (2) above.

(c) The owner or operator shall demonstrate to the satisfaction of the local agency, based on the

tests conducted in accordance with subsection subdivision (b) above, that a serious corrosion or structural problem does not exist. If the local agency or special inspector determines that a serious corrosion or structural problem exists, interior lining may be performed only if it can be demonstrated to the satisfaction of the local agency that new or additional corrosion protection will significantly minimize the corrosion and that the existing corrosion problem does not threaten the structural integrity or containment ability of the underground storage tank.

(d) Before lining a tank, thin areas or other flaws in the tank walls which need additional

reinforcing shall be reinforced in accordance with section 2661(d). (e) On and after August 9, 1992, the lining material and lining process shall be listed or certified

by an independent testing organization based on voluntary consensus standards. (f) Before being returned to service, any tank which has been lined shall be internally inspected

by a coatings expert or special inspector for conformance with the standards under which the tank was lined. This inspection shall be conducted in accordance with section 2663(h) except for subdivisions (h)(3) and (h)(5).

(g) Following the lining process and before it is returned to service, the tank shall be given a

tank integrity test. (h) If a steel tank is lined for the purpose of satisfying the requirements of section 2662(c), or if

any tank is repaired using the interior lining method, it shall be inspected by a coatings expert or special inspector within ten years of lining and every five years thereafter. Written certification of the inspection shall be provided submitted by the tank owner and the party performing the inspection to the local agency through the California Environmental Reporting System or a local reporting portal within 30 calendar days of completion of the inspection. The inspection shall include all of the following:

(1) Determining that the tank has been cleaned so that no residue remains on the tank

walls. (2) Determining that the tank has been vacuum tested at a vacuum of 5.3 inches of Hg for

no less than one minute. This vacuum test is not required if the tank is constructed of fiberglass and is submerged in groundwater by more than 50% of its depth.

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(3) If the tank is constructed of fiberglass, taking interior diameter measurements to verify whether the cross-section has compressed by more than one percent of the original diameter.

(4) Visually checking the tank interior and lining for discontinuity, compression, tension

cracking, and corrosion. (5) For steel tanks, testing the entire tank interior using a thickness gauge on a one-foot grid

pattern with metal wall thickness recorded on a form that identifies the location of each reading in order to verify that average metal thickness is greater than 75 percent of the original wall thickness.

(6) Testing for thickness and hardness of the lining in accordance with nationally recognized

industry codes to verify that the lining meets the standards under which the lining was applied.

(7) For steel tanks, testing the lining using an electrical resistance holiday detector in

accordance with nationally-recognized industry codes. The owner or operator shall have all holidays repaired and checked in accordance with nationally recognized industry codes.

(8) Certification from the special inspector or coatings expert that the tank is:

(A) the tank is suitable Suitable for continued use for a minimum of five years.; (B) the tank is suitable Suitable for continued use for a minimum of five years only if it is

relined or other improvements are made.; or (C) the tank is no No longer suitable for continued use and shall be closed in accordance

with Article 7.

(9) A lined tank shall be closed in accordance with Article 7 at the end of its operational life. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.1, and 25296, and 25404, Health and Safety Code; 40 CFR 280.21 and 280.33.

§ 2664. Requirements for Using Bladder Systems

(a) Bladder systems may be installed in tanks which store motor vehicle fuel only, may be used

to satisfy part of the upgrade requirements in section 2662, and shall be installed and operated in accordance with this section.

(b) Materials used in the bladder system and in the installation process shall be approved by an

independent testing organization based on voluntary consensus standards, an industry code, or engineering standard for the applicable use of the bladder system. Evidence of this approval shall be provided to the local agency before the local agency authorizes the installation. The following conditions shall be met:

(1) The bladder system shall be installed under the direct supervision of a representative of

the bladder system fabricator or a contractor certified by the fabricator.

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(2) The entire interstitial space between the tank and the bladder shall be monitored in accordance with subsection subdivision 2632(c)(2).

(3) Materials used in the bladder system shall be product-tight and compatible with the

substance stored. (4) The bladder system shall include an internal striker plate (wear plate) which meets the

requirements of section 2631(c). (5) If the underground storage tank is constructed of steel, cathodic protection shall be

installed in accordance with section 2635(a)(2)(A) and, before installing a bladder system, a special inspector shall certify that the underground storage tank has sufficient structural integrity to seal the interstitial space between the bladder and the underground storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the set of procedures and criteria specified in section 2663(b)(2), except that abrasive blasting is only required to the extent deemed necessary by manufacturers' specifications, or the special inspector, to assess the structural integrity of the underground storage tank.

(6) The bladder installer shall certify in writing to the local agency that sufficient measures

have been taken to minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder. The tank owner shall submit the certification to the local agency through the California Environmental Reporting System or a local reporting portal.

(7) Before installing a bladder, thin areas or other flaws in the underground storage tank

walls that need additional reinforcing shall be reinforced in accordance with section 2661(d).

(8) If required by manufacturers' specifications or the special inspector, the underground

storage tank shall be lined in accordance with section 2663 prior to installation of the bladder only to the thickness deemed necessary by the more stringent requirement of the manufacturers' specifications or the special inspector.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, and 25292.1, and 25404, Health and Safety Code; 40 CFR 280.21, 280.32(d), and 281.33.

Article 10. Permit Application, Quarterly Report, and Trade Secret Request Requirements § 2711. Information and Application for Permit to Operate an Underground Storage Tank (a) The permit application shall include, but not be limited to, the following information to the

extent such information is known to the permit applicant:

(1) The name and address of the person who owns the underground storage tank or tanks. (2) The name, location, mailing address, and telephone number where the underground

storage tank is located, and type of business involved, if any.

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(3) The name, address, and telephone numbers of the underground storage tank operator and 24-hour emergency contact person.

(4) The name and telephone number of the person making the application. (5) A description of the underground storage tank including, but not limited to, the

underground storage tank manufacturer, date of installation and tank capacity. (6) Construction details of the underground storage tank and any auxiliary equipment

including, but not limited to, type of primary containment, type of secondary containment (if applicable), spill and overfill prevention equipment, interior lining, and corrosion protection (if applicable).

(7) A description of the piping including, but not limited to, the type of piping system,

construction, material, corrosion protection and leak detection. (8) A scaled diagram or design or as-built drawing which indicates the location of the

underground storage tank (underground storage tank, piping, auxiliary equipment) with respect to buildings or other landmarks.

(9) The description of the proposed monitoring program including, but not limited to, the

following where applicable:

(A) Visual inspection procedures; (B) Underground storage tank release detection methods or inspection procedures; (C) Inventory reconciliation including gauging and reconciliation methods; (D) Piping leak detection methods; (E) Vadose zone sampling locations, and methods and analysis procedures; (F) Ground water well(s) locations construction and development methods, sampling,

and analysis procedures; and

(10) A list of all the substances which have been, are currently, or are proposed to be stored in the underground storage tank or tanks.

(11) Documentation to show compliance with state and federal financial responsibility

requirements applicable to underground storage tanks containing petroleum. (12) If the owner or operator of the underground storage tank is a public agency, the

application shall include the name of the supervisor of the division, section, or office which operates the underground storage tank.

(13) The permit application shall be signed by:

(A) The underground storage tank owner, underground storage tank operator, facility owner or facility operator, or a duly authorized representative of the owner; or,

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(B) If the tank or facility is owned by a corporation, partnership, or public agency, the application shall be signed by:

1. A principal executive officer at the level of vice-president or by an authorized

representative. The representative shall be responsible for the overall operation of the facility where the underground storage tank(s) are located; or,

2. A general partner proprietor; or, 3. A principal executive officer, ranking elected official, or authorized representative

of a public agency. (b) The owner or operator shall inform submit to the local agency through the California

Environmental Reporting System or a local reporting portal of any changes to the information provided in accordance with subsection subdivision (a) within 30 calendar days unless required to obtain approval before making the change.

(c) The permit applications, “Underground Storage Tank Operating Permit Application -Facility

Information,” “Underground Storage Tank Operating Permit Application -Tank Information,” and “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, shall be accompanied by the All applicable submittal elements for the permit application must be submitted to the California Environmental Reporting System or a local reporting portal. Owners and operators shall pay all applicable local government and state surcharge fees.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, and 25287, and 25404, Health and Safety Code.

§ 2712. Permit Conditions

(a) As a condition of any permit to operate an underground storage tank, the owner or operator

shall comply with the reporting and recording requirements for unauthorized releases specified in Article 5.

(b) Written monitoring and maintenance records shall be maintained on-site or off-site at a

readily available location, if approved by the local agency, for a period of at least 3 years, 6 1/2 years for cathodic protection maintenance records, and 5 years for written performance claims pertaining to release detection systems, and calibration and maintenance records for such systems. Records of repairs, lining, and upgrades shall be maintained on site or at another approved location for the remaining life of the underground storage tank. These records shall be made available, upon request within 36 hours, to the local agency or the State Water Board. Monitoring records shall include:

(1) The date and time of all monitoring or sampling; (2) Monitoring equipment calibration and maintenance records; (3) The results of any visual observations; (4) The results of all sample analysis performed in the laboratory or in the field, including

laboratory data sheets and analysis used;

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(5) The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and

(6) The results of inventory readings and reconciliations.

(c) A permit to operate issued by the local agency shall be effective for 5 years. In addition to

other information specified by the local agency, the permit shall include the permit expiration date, California Environmental Reporting System identification number, monitoring requirements, and the state underground storage tank identification number(s) for which the permit was issued. Before a local agency issues a new permit or renewal to operate an underground storage tank the local agency shall inspect the underground storage tank and determine that it complies with the provisions of these regulations.

(d) Permits may be transferred to new underground storage tank owners if: (1) the new

underground storage tank owner does not change conditions of the permit, and (2) the transfer is registered with reported to the local agency by submitting all of the required submittal elements in the California Environmental Reporting System or a local reporting portal within 30 days of the change in ownership, and (3) state permit application forms are completed to show the changes. Transferred permits shall expire and be renewed on the original expiration date. A local agency may review, modify, or terminate the permit to operate the underground storage tank upon receiving an ownership transfer request.

(e) The local agency shall not renew an underground storage tank permit unless the

underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection verified that the underground storage tank complied with the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. The inspection shall be conducted as specified in section 25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicated noncompliance then the local agency shall verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.

(f) Within 30 calendar days of receiving an inspection report from either the local agency or the

special inspector, the permit holder shall implement the corrections specified in the inspection report and comply with the permit conditions. The corrective action shall include all of the recommendations made by the local agency or special inspector. The local agency may waive the implementation of any of the special inspector's recommendations based on a demonstration by the permit holder to the local agency's satisfaction that failure to implement the recommendation will not cause an unauthorized release.

(g) The local agency shall take appropriate enforcement action pursuant to section 25299 of the

Health and Safety Code or prohibit the operation of the tank systems if the owner or operator fails to comply with the monitoring requirements in Article 3 or 4 or the reporting requirements of Article 5.

(h) The local agency shall provide the permittee with a written list of all applicable requirements

of Chapter 6.7 and 6.75 of the Health and Safety Code and these regulations. (i) A paper or electronic copy of the permit and all conditions and attachments, including

monitoring plans, shall be retained readily accessible at the facility. (j) All primary containment shall be product-tight.

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(k) Owners and operators shall use care to prevent releases due to spilling or overfilling. Before product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall ensure that the transfer operation is monitored constantly to prevent overfilling and spilling.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293, and 25294, and 25404, Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45, and 281.32(e).

§ 2713. Local Agency Reporting Requirements

(a) Each local agency shall transmit unauthorized release information, submitted by the owner

or operator, to the appropriate regional board through the California Environmental Reporting System or a local reporting portal.

(b) Local agencies shall transmit unauthorized release update report information, submitted by

the owner or operator pursuant to section 2712, to the appropriate regional board for sites where they are overseeing cleanup. Local agencies shall transmit this unauthorized release update information on a quarterly schedule established by the board.

(c) On a semi-annual basis, each local agency shall send to the board, information pertaining to

local underground storage tank program implementation and enforcement activities. This information shall be submitted using “Semi-Annual Underground Storage Tank Program Report 6” as specified in Title 27, section 15290, a local information management system, local reporting portal, or the California Environmental Reporting System, and shall include, but not be limited to the number of:

(1) tanks Tanks subject to regulation (2) regulated Regulated facilities (3) facility Facility inspections conducted (4) inspected Inspected facilities in compliance with release detection and release

prevention requirements (5) underground Underground storage tank systems that received a red tag pursuant to

Article 10.5, including:

(A) the The name and address of the facility at which the tank system is located; (B) the The names of the owner and operator of the tank system; (C) the The red tag's identification number; (D) the The date the red tag was affixed to the tank system; (E) the The specific violation for which the tank system received the red tag; (F) the The date the red tag was removed from the tank system.

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(d) Local agencies shall report formal and informal enforcement actions, including the specific violation for which the local agency took the enforcement action, using “Annual Enforcement Summary Report 4” as specified in Title 27, section 15290 through a local information management system, local reporting portal, or the California Environmental Reporting System.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, and 25292.3, 25296.35, and 25404, Health and Safety Code.

§ 2714. Trade Secret Provisions

(a) Any person making an application for a permit to operate an underground storage tank, for

renewal of the permit, or application for a site-specific variance, shall submit all of the application submittal elements through the California Environmental Reporting System or a local reporting portal, but may withhold the information which the person believes is a trade secret. The person asserting the trade secret must separately submit identify all information which the person believes is a trade secret and submit a legal justification for the request for confidentiality to the local agency. The information which shall be submitted includes, but is not limited to:

(1) Identification of those portions of the information which are believed to be trade secrets; (2) The length of time this information should be treated as confidential; (3) Measures that have been taken to protect this information as confidential; and (4) A discussion of why this information is subject to trade secret protection, including

references to statutory and case law as appropriate. (b) If the local agency, the State Water Board, or the Regional Water Quality Board (collectively

referred to as “agency” for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subsection subdivision (f) of this section.

(c) If the agency determines that the request for trade secret protection is clearly frivolous, it

shall send a letter to the applicant stating that the information will not be treated as a trade secret unless the agency is instructed otherwise by a court within 10 working days of the date of the letter.

(d) If the validity of the request for trade secret protection is unclear, the agency will inform the

person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of “trade secrets” contained in the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subsection subdivision (c) of this section.

(e) All information received for which trade secrecy status is requested shall be treated as

confidential as discussed in subsection subdivision (f) of this section until a final determination is made.

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(f) Information which has been found to be confidential or which is being reviewed to determine if confidentiality should exist, shall be immediately filed in a separate “confidential” file. If a document or portion of a document is filed in a confidential file, a notation shall be filed with the file document indicating that further information is in the confidential file.

(g) Information contained in confidential files shall only be disclosed to authorized

representatives of the applicant or other governmental agencies in connection with the agency's responsibilities pursuant to Chapter 6.7 of the Health and Safety Code or Division 7 of the Water Code.

(h) Nothing contained herein shall limit an applicant's right to prevent disclosure of information

pursuant to other provisions of law. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section Sections 25290 and 25404, Health and Safety Code.

§ 2715. Certification, Licensing, and Training Requirements for Underground Storage Tank Owners, Operators, Installers, Service Technicians, and Inspectors (a) (1) By January 1, 2005, owners of underground storage tank systems shall submit a signed

statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned.

(2) Within 30 days of installing an underground storage tank system, owners shall submit a

signed statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identify the designated UST operator(s) for the facility, through the California Environmental Reporting System or a local reporting portal.

(3) The owner shall inform the local agency of submit any change of designated UST

operator(s) to the local agency through the California Environmental Reporting System or a local reporting portal no later than 30 days after the change.

(b) Effective January 1, 2005, designated UST operators shall possess a current certificate

issued by the International Code Council (ICC) indicating he or she has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months.

(c) The designated UST operator(s) shall perform monthly visual inspections of all underground

storage tank systems for which they are designated. The results of each inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following:

(1) Reviewing the alarm history report or log for the previous month, and checking that each

alarm condition was documented and responded to appropriately. A copy of the alarm history report or log, along with documentation describing action taken in response to any alarm(s), shall be attached to the monthly visual inspection record.

(2) Inspecting for the presence of hazardous substance, water, or debris in spill containers.

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(3) Inspecting for the presence of hazardous substance, water, or debris in under-dispenser containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity.

(4) Inspecting for the presence of hazardous substance, water, or debris in containment

sumps that, in the past month, have had an alarm for which there is no record of a service visit, and checking that the monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity.

(5) Checking that all required testing and maintenance for the underground storage tank

system have been completed, and documenting the dates these activities occurred. (6) Verifying that all facility employees have been trained in accordance with

subdivision 2715(f). (d) The designated UST operator(s) shall provide the owner or operator with a copy of each

monthly inspection report, and alert the owner or operator of any condition discovered during the monthly visual inspection that may require follow-up actions.

(e) The owner or operator shall maintain a copy of the monthly inspection record and all

attachments for the previous twelve months. The records shall be maintained on-site or, if approved by the local agency, off-site at a readily available location.

(f) By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) shall

train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire.

(1) The training for facility employees must include, but is not limited to:

(A) The operation of the underground storage tank system in a manner consistent with

the facility's best management practices. (B) The facility employee's role with regard to the monitoring equipment as specified in

the facility's monitoring plan. (C) The facility employee's role with regard to spills and overfills as specified in the

facility's response plan. (D) The name of the contact person(s) for emergencies and monitoring equipment

alarms.

(2) At least one of the facility employees present during operating hours shall have current training in accordance with subdivision (f)(1). For facilities that are not routinely staffed, the designated UST operator shall implement a facility employee training program approved by the local agency.

(3) A list of facility employees who have been trained by the designated UST operator(s),

shall be maintained on-site or off-site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall

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include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005.

(g) Any person(s) installing underground storage tank systems or components shall be certified

or licensed by the Contractors State License Board. (h) Any individual(s) installing underground storage tank system components shall meet the

following requirements, or work under the direct and personal supervision of an individual physically present at the work site who meets the following requirements:

(1) The individual has been adequately trained as evidenced by a certificate of training

issued by the manufacturer(s) of the underground storage tank system components. On and after July 1, 2001, this certification shall be renewed by completion of manufacturer's refresher training at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.

(2) Effective January 1, 2005, the individual shall possess a current underground storage

tank system installer certificate from the International Code Council (ICC), indicating that the individual has passed the ICC UST Installation/Retrofitting exam. The individual shall renew the ICC certification, by passing the ICC UST Installation/Retrofitting exam, every 24 months.

(i) Any individual performing the work of a service technician must meet all of the following

requirements:

(1) Possess or be employed by a person who possesses a current Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement of this paragraph.

(2) Be trained and certified by the manufacturer of the equipment as follows:

(A) For service technicians conducting secondary containment testing pursuant to

section 2637(a), this training and certification may be obtained through the developer of the testing equipment or test method being used, or through the manufacturer of the secondary containment system being tested, as applicable.

(B) For service technicians performing work on monitoring equipment, training and

certification shall be obtained from the manufacturer of the monitoring equipment. (C) In the event that no training or certification exists that would satisfy the criteria of

subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification.

(3) Renew all training and certifications issued by the manufacturer, through completion of a

manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.

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(4) Effective July 1, 2005, service technicians shall possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam. If the California UST Service Technician exam is not available by July 1, 2004, this requirement shall be effective twelve months after the date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.

(j) Local agency inspectors or special inspectors conducting underground storage tank

inspections must meet the following requirements:

(1) Effective September 1, 2005, these individuals shall possess a current inspector certificate issued by the International Code Council (ICC), indicating he or she has passed the ICC California UST Inspector exam. Local agency inspectors hired on or after September 1, 2005, are subject to this requirement 180 days from the date of hire. If the ICC California UST Inspector exam is not available by September 1, 2004, this requirement shall be effective twelve months after the date the exam is available.

(2) These individuals shall renew the California inspector certificate every 24 months, by

either passing the ICC California UST Inspector exam or satisfying equivalent criteria as approved by the Division of Water Quality Underground Storage Tank Program Manager.

Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, and 25284.1, and 25404, Health and Safety Code; and 40 CFR 280.20.

§ 2722. Scope of Corrective Action

(a) Corrective action includes one or more of the following phases:

(1) Preliminary Site Assessment Phase (2) Soil and Water Investigation Phase; (3) Corrective Action Plan Implementation Phase; and (4) Verification Monitoring Phase.

(b) The responsible party shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of an unauthorized release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, the responsible party shall notify the regulatory agency of the proposed action and shall comply with any requirements that the regulatory agency sets. Interim remedial actions include, but are not limited to, the following:

(1) removal Removal of free product. Free product removal must comply with the applicable

provisions of Section 2655 of Article 5; (2) enhanced Enhanced biodegradation to promote bacterial decomposition of

contaminants;

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(3) excavation Excavation and disposal of contaminated soil; (4) excavation Excavation and treatment of contaminated soil; (5) vacuum Vacuum extraction of contaminants from soil or ground water; and (6) pumping Pumping and treatment of ground water to remove dissolved contaminants.

(c) The responsible party shall submit a workplan through GeoTracker to the regulatory agency

responsible for overseeing corrective action at the underground storage tank site, under the conditions listed below. If no regulatory agency has assumed responsibility for overseeing corrective action, the responsible party shall submit the workplan to the regional board with jurisdiction for the site where the underground storage tank is or was located:

(1) for For proposed activities under the Preliminary Site Assessment Phase, if directed by

the regulatory agency; and (2) before Before initiating any work in accordance with Sections 2725 and 2727 of this

Article. (d) The workplan shall include the proposed actions and a proposed schedule for their

completion. The responsible party shall modify the workplan, as necessary, at the direction of the regulatory agency.

(e) In the interest of minimizing environmental contamination and promoting prompt cleanup, the

responsible party may begin implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the reponsible responsible party is otherwise directed in writing by the regulatory agency. Before beginning these activities, the responsible party shall:

(1) notify Notify the regulatory agency of the intent to initiate the proposed actions included

in the workplan submitted; and (2) comply Comply with any conditions set by the regulatory agency, including mitigation of

adverse consequences from cleanup activities. Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25295, 25296.35, 25297, 25299.14, 25299.37, and 25299.78, Health and Safety Code, and 40 CFR Sections 280.53 and 280.60 through 280.66, and Section 13267, Water Code.

§ 2725. Soil and Water Investigation Phase

(a) The Soil and Water Investigation Phase includes the collection and analysis of data

necessary to assess the nature and vertical and lateral ex -tent of the unauthorized release and to determine a cost-effective method of cleanup.

(b) Using information obtained during the investigation, the responsible party shall propose a

Corrective Action Plan. The Corrective Action Plan shall consist of those activities determined to be cost-effective.

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(c) The responsible party shall submit the Corrective Action Plan through GeoTracker to the regulatory agency for review and concurrence. The regulatory agency shall concur with the Corrective Action Plan after determining that implementation of the plan will adequately protect human health, safety and the environment and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the Corrective Action Plan in response to a final regulatory agency directive.

(d) The Corrective Action Plan shall include the following elements:

(1) an An assessment of the impacts listed in subsection subdivision (e) of this Section; (2) a A feasibility study, in accordance with subsection subdivision (f) of this Section; and (3) applicable Applicable cleanup levels, in accordance with subsection subdivision (g) of this Section.

(e) An assessment of the impacts shall include, but is not limited to, the following:

(1) The physical and chemical characteristics of the hazardous substance or its constituents, including their toxicity, persistence, and potential for migration in water, soil, and air;

(2) The hydrogeologic characteristics of the site and the surrounding area where the

unauthorized release has migrated or may migrate; (3) The proximity and quality of nearby surface water or ground water, and the current and

potential beneficial uses of these waters; (4) The potential effects of residual contamination on nearby surface water and ground

water; and (f) The responsible party shall conduct a feasibility study to evaluate alternatives for remedying

or mitigating the actual or potential adverse effects of the unauthorized release. Each alternative shall be evaluated for cost-effectiveness, and the responsible party shall propose to implement the most cost-effective corrective action.

(1) For all sites, each recommended alternative shall be designed to mitigate nuisance

conditions and risk of fire or explosion; (2) For sites where the unauthorized release affects or threatens waters with current or

potential beneficial uses designated in water quality control plans, the feasibility study shall also identify and evaluate at least two alternatives for restoring or protecting these beneficial uses;

(3) For sites where the unauthorized release affects or threatens waters with no current or potential beneficial uses designated in water quality control plans, the feasibility study shall identify and evaluate at least one alternative to satisfy paragraph (1) of this subsection subdivision.

(g) Cleanup levels for ground or surface waters, affected or threatened by the unauthorized

release, shall comply with the requirements of Section 2721(b) and shall meet the following requirements:

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(1) For waters with current or potential beneficial uses for which numerical objectives have been designated in water quality control plans, the responsible party shall propose at least two alternatives to achieve these numerical objectives;

(2) For waters with current or potential beneficial uses for which no numerical objectives

have been designated in water quality control plans, the responsible party shall recommend target cleanup levels for long-term corrective actions to the regulatory agency for concurrence. Target cleanup levels shall be based on the impact assessment, prepared in accordance with subsection subdivision (e) of this Section.

Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25296.35, 25299.37, and 25299.57, Health and Safety Code.

§ 2726. Corrective Action Plan Implementation Phase

(a) The Corrective Action Plan Implementation Phase consists of carrying out the cost-effective

alternative selected during the Soil and Water Investigation Phase for remediation or mitigation of the actual or potential adverse effects of the unauthorized release.

(b) Upon concurrence with the Corrective Action Plan or as directed by the regulatory agency,

the responsible party shall implement the Corrective Action Plan. The responsible party shall monitor, evaluate, and report submit the results of implementation of the Corrective Action Plan through GeoTracker on a schedule agreed to by the regulatory agency.

(c) In the interest of minimizing environmental contamination and promoting prompt cleanup, the

responsible party may begin cleanup of soil and water after the Corrective Action Plan has been submitted through GeoTracker and before it has received agency concurrence. Implementation of the Corrective Action Plan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. Before beginning this cleanup, the responsible party shall:

(1) notify Notify the regulatory agency of its intention to begin cleanup; and (2) comply Comply with any conditions set by the regulatory agency, including mitigation of

adverse consequences from cleanup activities.

(d) The responsible party shall modify or suspend cleanup activities when directed to do so by the regulatory agency.

Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Section Sections 25296.35 and 25299.37, Health and Safety Code and 40 CFR Sections 280.65 and 280.66.

§ 2727. Verification Monitoring Phase (a) The Verification Monitoring Phase includes all activities required to verify implementation of

the Corrective Action Plan and evaluate its effectiveness.

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(b) The responsible party shall verify completion of the Corrective Action Plan through sampling or other monitoring of soil and/or water for such period of time and intervals agreed to by the regulatory agency. Using the monitoring results obtained pursuant to this Section and any other relevant data obtained pursuant to this Article, the responsible party shall evaluate the effectiveness of the site work.

(c) The responsible party shall submit monitoring data and an evaluation of the results of such

monitoring in writing through GeoTracker on a schedule and for a duration agreed to by the regulatory agency.

Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Section Sections 25296.35 and 25299.37, Health and Safety Code and 40 CFR Section 280.65.

Form 399

Written Comments Submitted During 45-Day Comment Period

1

commentletters

From: ROBERT RIESS <[email protected]>Sent: Monday, March 28, 2016 10:50 AMTo: commentlettersSubject: Comment Letter Proposed UST Regulations

Just got done reading the new proposed regulations. You guys are requiring the owner/operators to upload a few more things to CERS. Is CERS 3.0 going to expand the available upload areas for the UST program? If not, where does all the additional required information get uploaded to? Robert Rieß Stanislaus County Department of Environmental Resources Hazardous Materials Division 3800 Cornucopia Way, Suite C Modesto, CA 95358 209.525.6749 [email protected]

From: [email protected] [mailto:[email protected]] Sent: Friday, March 25, 2016 2:07 PM To: ROBERT RIESS Subject: NOTICE OF PROPOSED REGULATORY ACTION - UNDERGROUND STORAGE TANK REGULATIONS

This is a message from the State Water Resources Control Board. The State Water Resources Control Board (State Water Board) has issued a Notice of Proposed Regulatory Action to amend California Code of Regulations, title 23, division 3, chapter 16 to clarify or make specific the method of reporting for existing reporting requirements. Specifically, the proposed amendments define whether existing reporting requirements are to be submitted electronically to the California Environmental Reporting System (CERS) or GeoTracker, or if they may be submitted via other means, such as mail, email, fax, or hand delivery. The 45 day public comment period for the proposed regulatory action begins on Friday, March 25, 2016 and ends at 12 p.m. on Tuesday, May 10, 2016. The Notice of Proposed Regulatory Action to amend California Code of Regulations, title 23, division 3, chapter 16 is available at: http://www.oal.ca.gov/res/docs/pdf/notice/13z‐2016.pdf The proposed rulemaking package is available at: http://www.waterboards.ca.gov/public_notices/comments/index.shtml Additional information and resources related to the proposed emergency regulation are provided on the State Water Board’s Underground Storage Tank Leak Prevention webpage: http://www.waterboards.ca.gov/water_issues/programs/ust/adm_notices/elect_rpt_regs/

Public CommentProposed UST Regulations

Deadline: 5/10/16 by 12 noon

3-28-16

2

To receive email updates from the State Water Board about this proposed regulatory action please subscribe to the “Program Requirements and Guidance” topic at: http://www.waterboards.ca.gov/resources/email_subscriptions/ust_subscribe.shtml For your convenience attached is the Notice of Proposed Regulatory Action regarding Proposed Underground Storage Tank Regulations. Also attached are the Initial Statement of Reasons and the Proposed Amendments. If you have questions regarding this matter, please contact Gabriel Herrera at (916) 319‐9128 or [email protected].

Laura S Fisher, Chief UST Leak Prevention Unit and Office of Tank Tester Licensing State Water Resources Control Board 1001 I Street, PO Box 2231, Sacramento CA 95812 916‐341‐5870 [email protected] SWRCB UST Homepage: www.waterboards.ca.gov/ust CERS Homepage: http://cers.calepa.ca.gov/

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Comment Letter – Proposed UST Regulations Comments by Greg Breshears, Santa Clara County CUPA

§2632. Monitoring and Response Plan Requirements for New Underground Storage Tanks Constructed Pursuant to Section 2631 (d) All monitoring programs shall include the following: (1) A written procedure for monitoring, submitted on entered into submitted through the “Underground Storage Tank UST Tank Information/Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, submittal element in the California Environmental Reporting System or a local reporting portal which establishes: (A) The frequency of performing the monitoring; (B) The methods and equipment to be used for performing the monitoring; (C) The location(s) where the monitoring will be performed; (D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the

equipment; (E) The reporting format; (F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be

in accordance with the manufacturer's instructions; and G) A description of the training necessary for the operation of both the tank system and the monitoring

equipment. §2634. Monitoring and Response Plan Requirements for New Underground Storage Tanks Containing Motor Vehicle Fuel and Constructed Pursuant to Section 2633 (d)(2) The owner or operator shall prepare a written procedure for routine monitoring, submitted on the “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, which establishes: procedure for monitoring, entered into submitted through the “UST Tank Information/Monitoring Plan” submittal element in the California Environmental Reporting System or a local reporting portal, which establishes: (A) The frequency of performing the monitoring; (B) The methods and equipment to be used for performing the monitoring; (C) The location(s) where the monitoring will be performed; (D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the

equipment; (E) The reporting format; (F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be

in accordance with the manufacturer's instructions; and G) A description of the training necessary for the operation of both the tank system and the monitoring

equipment. [Reason for proposed changes: Using the words, “entered into” would allow the UST owner/operator to comply simply by entering DRAFT submittal information into CERS or the local portal without actually submitting the information for review by the Unified Program Agency.]


Deadline: 5/10/16 by 12 noon5-10-16

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commentletters

From: Fergus, Cary <[email protected]>Sent: Wednesday, April 13, 2016 9:18 AMTo: commentlettersCc: Herrera, Gabriel@Waterboards; - Fire Marshal; Paul Lowenthal (Santa Rosa FD); Linda

Collister; [email protected]: Comment Letter--Proposed UST Regulations-Petaluma Fire Department

Dear SWRCB: The Petaluma CUPA is concerned the proposed regulations could significantly negatively impact the California Electronic Reporting System (CERS) and create added workload for CUPA regulators unless CERS is upgraded to handle the increased data points. All the documents proposed to be submitted through CERS with these regulations could create a “logjam” within the system unless each document has a specific location and submittal date tracking capacity. Therefore, if CERS will in fact be capable of efficiently tracking and handling all the added documents in time for the implementation of the proposed SWRCB regulations we support the proposed changes. If however, CERS is unable to track and handle all the proposed documents prior to the proposed implementation date, we strongly recommend postponing implementation until CERS is fully capable of tracking and handling each and every document requested by the SWRCB.

Sincerely,

Cary D. Fergus Fire Marshal/Battalion Chief Petaluma Fire Department

Direct Phone: 707-778-4485

http://www.cityofpetaluma.net/firedept/prevention.html

Visit the Sonoma County Fire Prevention Officers Association website for monthly safety messages and help keep Sonoma County Safe! http://sonomachiefs.org/firepreventionofficers.html



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commentletters

From: Glenda Kierstead <[email protected]>Sent: Monday, May 09, 2016 2:06 PMTo: commentlettersCc: Glen Vanderveen; Clarinda OlsonSubject: Comment Letter - Proposed UST Regulations

Ms. Townsend, The following questions came to mind when reviewing the proposed amendments:

1) How is CERS going to be developed to handle the requested documents?

a. Organization – will there be better categorized areas to upload the requested documents?

Currently items are uploaded under “Miscellaneous State-Required Documents” under the applicable section. My concern is if there is no uniformity then an inspector may miss the uploaded document.

b. Test results - will only the most recent results need to be provided? Currently some agencies are asking for the current and previous year’s results to be uploaded.

2) Regarding the installation/modification will there be another user status / login for contactors limiting

their access? If you have any questions or need any further assistance, please feel free to contact me. Glenda Kierstead HMBP Program / Designated Operator email: [email protected]

25971 Towne Centre Drive Foothill Ranch, CA 92610 949 - 460 - 5200 (office) 949 - 460 - 5210 (fax)



5-9-16

Notice of Modification to Text of Proposed Regulations and Text

NOTICE OF MODIFICATION AND NOTICE OF OPPORTUNITY TO COMMENT OF

PROPOSED UNDERGROUND STORAGE TANK REGULATIONS Pursuant to the requirements of Government Code section 11346.8(c), and section 44 of title 1 of the California Code of Regulations, the State Water Resources Control Board (State Water Board) is providing notice of a change made to its proposed regulation – chapter 16 of division 3 of the California Code of Regulations, regarding Underground Storage Tanks. This modification is reflected in strikeout and single underline. If you have any comments regarding this proposed modification (strikeout and underline text), the State Water Board will accept written comments between June 15, 2016 and July 1, 2016. All written comments pertaining to the proposed modification must be received by the State Water Board no later than 12:00 p.m. on Friday, July 1, 2016. The State Water Board will only consider comments received by that time at the addresses below. Please send comment letters to Jeanine Townsend, Clerk to the Board, by email at ([email protected]) (if less than 15 megabytes in size or less), (916) 341-5620 (fax), or by mail or hand delivery addressed to:

Jeanine Townsend, Clerk to the Board State Water Resources Control Board

P.O. Box 100, Sacramento, CA 95812-2000 (by mail) 1001 I Street, 24th Floor, Sacramento, CA 95814 (by hand delivery)

Please also indicate in the subject line, “Comment Letter – Proposed Underground Storage Tank Regulations.” Hand and special deliveries should also be addressed to Ms. Townsend at the address above. Couriers delivering comments must check in with lobby security and have them contact Ms. Townsend at (916) 341-5600. Due to the limitations of the email system, emails larger than 15 megabytes are rejected and cannot be delivered or received by the State Water Board. We request that comments larger than 15 megabytes be submitted under separate emails.

All written comments received by 12:00 p.m. on July 1, 2016, which pertain to the modified text reflected in strikeout and underline, will be reviewed and responded to by the State Water Board in the Final Statement of Reasons, pursuant to section 11346.9 of the Government Code. The State Water Board will not review or respond to any additional written comments which do not pertain to the modified text reflected in strikeout and underline.


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CONTACT PERSONS

Requests of copies of the text of the proposed regulations, the statement of reasons, or other information upon which the rulemaking is based, or other inquiries should be addressed to the following: Name: Laura Fisher Address: State Water Resources Control Board Division of Water Quality 1001 “I” Street Sacramento, CA 95814 Telephone No.: (916) 341-5870 E-mail address: [email protected] The backup contact person is: Name: Cory Hootman Address: State Water Resources Control Board Division of Water Quality 1001 “I” Street Sacramento, CA 95814 Telephone No.: (916) 341-5668 E-mail address: [email protected] The documents relating to this proposed action may also be found on the State Water Board’s website at the following address: http://www.waterboards.ca.gov/water_issues/programs/ust/. June 15, 2016 Date Jeanine Townsend ` Clerk to the Board



http://www.waterboards.ca.gov/water_issues/programs/ust/

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Hootman, Cory@Waterboards

From: [email protected]: Wednesday, June 15, 2016 6:26 PMTo: Hootman, Cory@WaterboardsSubject: NOTICE OF MODIFIED PROPOSED REGULATION AND OPPORTUNITY FOR PUBLIC

COMMENTAttachments: notice_proposed_ust_regs.pdf; t23_electr_proposed amend_rev.pdf

This is a message from the State Water Resources Control Board. The State Water Resources Control Board (State Water Board) published and distributed a Notice of Proposed Regulatory Action for a 45 day written comment period ending on May 10, 2016 at 12:00 p.m. The State Water Board considered comments received and has proposed a modified set of amendments based on the comments received. The State Water Board published and distributed a Notice of Modification to Text of Proposed Regulation and the modified text of the proposed regulations in underline and strikeout on June 15, 2016. The 15‐day public comment period on the proposed modifications ends on July 1, 2016. Only changes to the proposed regulation are shown as insertions shown as underline and deletions shown as strikethrough. Any interested person may submit written comments relevant to the modifications to the proposed regulatory action to the State Water Board. The written comment period closes on Friday, July 1, 2016 at 12:00 p.m. The State Water Board will only consider comments received by that time. The proposed rulemaking package is available at: http://www.waterboards.ca.gov/public_notices/comments/index.shtml Additional information and resources related to the proposed emergency regulation are provided on the State Water Board’s Underground Storage Tank Leak Prevention webpage: http://www.waterboards.ca.gov/water_issues/programs/ust/adm_notices/elect_rpt_regs/ To receive email updates from the State Water Board about this proposed regulatory action please subscribe to the “Program Requirements and Guidance” topic at: http://www.waterboards.ca.gov/resources/email_subscriptions/ust_subscribe.shtml If you have questions regarding this matter, please contact Cory Hootman at (916) 341‐5668 or [email protected]. Laura S Fisher, Chief UST Leak Prevention Unit and Office of Tank Tester Licensing State Water Resources Control Board 1001 I Street, PO Box 2231, Sacramento CA 95812 916‐341‐5870 [email protected] SWRCB UST Homepage: www.waterboards.ca.gov/ust

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CERS Homepage: http://cers.calepa.ca.gov/

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Modified

PROPOSED AMENDMENTS

JANUARYMAY 2016 State Water Resources Control Board


Changes are shown as insertions shown as underline and deletions shown as strikethrough.

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§ 2610. Definitions/Applicability of Definitions (a) Unless the context requires otherwise and except as provided by subdivision (c), the terms

used in this chapter shall have the definitions provided by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code, or by section 2611 of this article.

(b) Except as otherwise specifically provided herein, the following terms are defined in

section 25281of Chapter 6.7 of Division 20 of the Health and Safety Code:

Automatic line leak detector Board Department Facility Federal act Local agency Owner Pipe Primary containment Product-tight Release Secondary containment Single-walled Special inspector Storage or store SWEEPS Tank Tank integrity test Tank tester Unauthorized release Underground storage tank Underground tank system or tank system

(c) The following terms shall have the same meaning as defined in section 15110 of title 27 of

the California Code of Regulations: California Environmental Reporting System Data collection Data element Document Electronic reporting Local reporting portal Local information management system Signed or signature Submittal element

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Unified Program Data Dictionary (d) The following shall have the same meaning as defined in chapter 3 of subdivision 1 of

division 3 of title 27 of the California Code of Regulations: UST Operating Permit Application – Facility Information UST Operating Permit Application – Tank Information UST Operating Permit Application – Monitoring Information UST Certification of Installation/ Modification Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25404, and 25404.1, Health and Safety Code.

§ 2611. Additional Definitions Unless the context requires otherwise, the following definitions shall apply to terms used in this chapter. “Bladder system” means a flexible or rigid material which provides primary containment including an interstitial monitoring system designed to be installed inside an existing underground storage tank. “Best management practice” means any underground storage tank system management and operation practice that is the most effective and practicable method of preventing or reducing the probability of a release. “Cathodic protection tester” means any individual who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers or the International Code Council, demonstrating education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried or submerged metallic piping and underground storage tank systems. “Coatings expert” means a person who, by reason of thorough training, knowledge and experience in the coating of metal surfaces, is qualified to engage in the practice of internal tank lining inspections. The term includes only those persons who are independent of any lining manufacturer or applicator and have no financial interest in the tank or tanks being monitored. “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the underground storage tank. “Connected piping” means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which hazardous substances flow. For the purpose of determining how much piping is connected to any individual underground storage tank system, the piping that joins two underground storage tank systems should be allocated equally between them.

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“Continuous monitoring” means a system using equipment which routinely performs the required monitoring on a periodic or cyclic basis throughout each day. “Corrosion specialist” means any individual who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers as a corrosion specialist, or be a registered professional engineer with a current certificate or license requiring education and experience in corrosion control of buried or submerged metallic piping and underground storage tank systems. “Decommissioned tank” means an underground storage tank which cannot be used for one or more of the following reasons: 1) the tank has been filled with an inert solid; 2) the fill pipes have been sealed; or, 3) the piping has been removed. “Designated underground storage tank operator” or “designated UST operator” means one or more individuals designated by the owner to have responsibility for training facility employees and conducting monthly visual inspections at an underground storage tank facility. A “designated UST operator” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions. “Dispenser” means an aboveground or underground device that is used for the delivery of a hazardous substance from an underground storage tank. Dispenser includes metering and delivery devices, and fabricated assemblies located therein. “Emergency containment” means a containment system for accidental spills which are infrequent and unpredictable. “Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation. “Existing underground storage tank” means an underground storage tank installed prior to January 1, 1984. The term also includes an underground storage tank installed before January 1, 1987 and which is located on a farm, has a capacity greater than 1,100 gallons, and stores motor vehicle fuel used primarily for agricultural purposes and not for resale. “Facility employee” means an individual who is employed on-site at an underground storage tank facility, and who may be called upon to respond to spills, overfills, or other problems associated with the operation of the underground storage tank system. A “facility employee” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions. “Fail safe” means that a monitoring system will shut down the turbine pump in the event of a power outage, or when the monitoring system fails or is disconnected. “Farm tank” means any one tank or a combination of manifolded tanks that: 1) are located on a farm; and, 2) holds no more than 1,100 gallons of motor vehicle fuel which is used primarily for agricultural purposes and is not held for resale.

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“First ground water” means the uppermost saturated horizon encountered in a bore hole. “Free product” refers to a hazardous substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in water). “GeoTracker” has the same meaning as “Geotracker” as defined in section 3891 of title 23 of the California Code of Regulations. “Ground water” means subsurface water which will flow into a well. “Hazardous substance” means a substance which meets the criteria of either paragraph (1) or paragraph (2) of subdivision (h) of section 25281of the Health and Safety Code. “Heating oil tank” means a tank located on a farm or at a personal residence and which holds no more than 1,100 gallons of home heating oil which is used consumptively at the premises where the tank is located. “Holiday,” when used with respect to underground storage tank coating or cladding, means a pinhole or void in a protective coating or cladding. “Hydraulic lift tank” means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. “Inconclusive” means the conclusion of a statistical inventory reconciliation report that is not decisive as to whether a release has been detected. “Independent testing organization” means an organization which tests products or systems for compliance with voluntary consensus standards. To be acceptable as an independent testing organization, the organization shall not be owned or controlled by any client, industrial organization, or any other person or institution with a financial interest in the product or system being tested. For an organization to certify, list, or label products or systems in compliance with voluntary consensus standards, it shall maintain formal periodic inspections of production of products or systems to ensure that a listed, certified, or labeled product or system continues to meet the appropriate standards. “Independent third party” means independent testing organizations, consulting firms, test laboratories, not-for-profit research organizations and educational institutions with no financial interest in the matters under consideration. The term includes only those organizations which are not owned or controlled by any client, industrial organization, or any other institution with a financial interest in the matter under consideration. “Integral secondary containment” means a secondary containment system manufactured as part of the underground storage tank. “Interstitial liquid level measurement” method (as the term is used in section 25290.1 of the Health and Safety Code) or “hydrostatic monitoring” method means a release detection method that continuously monitors the liquid level within a liquid-filled interstitial space of an underground storage tank. The term includes only those release detection systems that are capable of detecting a breach in the primary or secondary containment of the underground storage tank component(s) being monitored before the hazardous substance stored is released to the environment. To accomplish this, the liquid in the interstitial space shall be maintained at

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a pressure greater than the operating pressure found within the component(s) being monitored. This pressure may be achieved, for example, by adequately elevating the liquid reservoir or by pressurizing the liquid-filled interstice. Hydrostatic monitoring methods shall meet the requirements of section 2643, subdivision (f). “Interstitial space” means the space between the primary and secondary containment systems. “Leak threshold” means the value against which test measurements are compared and which serves as the basis for declaring the presence of a leak. The leak threshold is set by the manufacturer in order to meet state and federal requirements. Leak threshold is not an allowable leak rate. “Liquid asphalt tank” means an underground storage tank which contains steam-refined asphalts. “Liquefied petroleum gas tank” means an underground storage tank which contains normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in a liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit. “Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing hazardous substances. “Manufacturer” means any business which produces any item discussed in these regulations. “Manual inventory reconciliation” means a procedure for determining whether an underground tank system is leaking based on bookkeeping calculations, using measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. This term does not include procedures which are based on statistical inventory reconciliation. “Membrane liner” means any membrane sheet material used in a secondary containment system. A membrane liner shall be compatible with the substance stored. “Membrane liner fabricator” means any company which converts a membrane liner into a system for secondary containment. “Membrane manufacturer” means any company which processes the constituent polymers into membrane sheeting from which the membrane liner is fabricated into a system for secondary containment. “Motor vehicle” means a self-propelled device by which any person or property may be propelled, moved, or drawn. “Motor vehicle fuel tank” means an underground storage tank that contains a petroleum product. The definition does not include underground storage tanks that contain used oil. “New underground storage tank” means an underground storage tank which is not an existing underground storage tank.

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“Non-volumetric test” means a tank integrity test method that ascertains the physical integrity of an underground storage tank through review and consideration of circumstances and physical phenomena internal or external to the tank. “Operational life” means the period beginning when installation of the tank system has begun until the time the tank system should be properly closed. “Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank system. “Person” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code includes any entity defined as a person under the federal act. “Perennial ground water” means ground water that is present throughout the year. “Petroleum” means petroleum including crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. “Pipeline leak detector” means a continuous monitoring system for underground piping capable of detecting at any pressure, a leak rate equivalent to a specified leak rate and pressure, with a probability of detection of 95 percent or greater and a probability of false alarm of 5 percent or less. “Probability of detection” means the likelihood, expressed as a percentage, that a test method will correctly identify a leaking underground storage tank. “Probability of false alarm” means the likelihood, expressed as a percentage, that a test method will incorrectly identify a “tight” tank as a leaking underground storage tank. “Qualitative release detection method” means a method which detects the presence of a hazardous substance or suitable tracer outside the underground storage tank being tested. “Quantitative release detection method” means a method which determines the integrity of an underground storage tank by measuring a release rate or by determining if a release exceeds a specific rate. “Release detection method or system” means a method or system used to determine whether a release of a hazardous substance has occurred from an underground tank system into the environment or into the interstitial space between an underground tank system and its secondary containment. “Repair” means to restore a tank or underground storage tank system component that has caused a release of a hazardous substance from the underground storage tank system. “Septic tank” means a tank designed and used to receive and process biological waste and storage. “Service technician” means any individual who installs or tests monitoring equipment, or provides maintenance, service, system programming or diagnostics, calibration, or trouble-shooting for underground storage tank system components.

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“Statistical inventory reconciliation” means a procedure to determine whether a tank is leaking based on the statistical analysis of measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. “Statistical inventory reconciliation provider” means the developer of a statistical inventory reconciliation method that meets federal and state standards as evidenced by a third-party evaluation conducted according to section 2643(f), or an entity that has been trained and certified by the developer of the method to be used. In either case, the provider shall have no direct or indirect financial interest in the underground storage tank being monitored. “Storm water or wastewater collection system” means piping, pumps, conduits and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance. “Submit” means to provide documentation or information to the State Water Board, the Regional Water Quality Board, or the local agency by the specified method. If no method is specified herein, submittal may be made by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the agency that will receive the submittal. If the method specified is through the California Environmental Reporting System or a local reporting portal, but at the time of the submittal the California Environmental Reporting System data dictionary does not define the data elements for the submittal and there is no specific-named document upload option for that submittal, then it shall be as though no method is specified. “Substantially beneath the surface of the ground” means that at least 10 percent of the underground tank system volume, including the volume of any connected piping, is below the ground surface or enclosed below earthen materials. “Sump,” “pit,” “pond,” or “lagoon” means a depression in the ground which lacks independent structural integrity and depends on surrounding earthen material for structural support of fluid containment. “Tank integrity test” means a test method that can ascertain the physical integrity of any underground storage tank. The term includes only test methods which are able to detect a leak of 0.1 gallons per hour with a probability of detection of at least 95 percent and a probability of false alarm of 5 percent or less. The test method may be either volumetric or non-volumetric in nature. A leak rate is reported using a volumetric test method, whereas, a non-volumetric test method reports whether a substance or physical phenomenon is detected which may indicate the presence of a leak. “Unauthorized release” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code does not include intentional withdrawals of hazardous substances for the purpose of legitimate sale, use, or disposal. “Under-dispenser containment” means secondary containment that is located under a dispenser. “Under-dispenser spill containment or control system” means a device that is capable of preventing an unauthorized release from under the dispenser from entering the soil or groundwater or both.

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“Upgrade” means the addition or retrofit of some systems such as cathodic protection, lining, secondary containment, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of hazardous substances. “Volumetric test” means a tank integrity test method that ascertains the physical integrity of any underground storage tank through review and comparison of tank volume. “Voluntary consensus standards” means standards that shall be developed after all persons with a direct and material interest have had a right to express a viewpoint and, if dissatisfied, to appeal at any point (a partial list of the organizations that adopt voluntary consensus standards are shown in Appendix I, Table B). “Wastewater treatment tank” means a tank designed to treat influent wastewater through physical, chemical, or biological methods and which is located inside a public or private wastewater treatment facility. The term includes untreated wastewater holding tanks, oil water separators, clarifies, sludge holding tanks, filtration tanks, and clarified water tanks that do not continuously contain hazardous substances. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25282, 25283, 25284, 25284.1, 25290.1, 25292.3, 25296.35, and 25299.5(a), 25404, 25404.1, and Health and Safety Code; 40 CFR 280.10 and 280.12.


§ 2631.2. Biodiesel Blends - Variance from Material Compatibility Certification Requirements (a) This section provides for a temporary variance from certain provisions of sections 2631,

2631.1, and 2643, which will allow owners to store biodiesel blends up to 20 percent biodiesel (B20) by volume in underground storage tanks before testing by an independent testing organization has been completed.

(b) Biodiesel means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from

vegetable oils or animal fats, designated B100, that meets the requirements of the American Society for Testing and Materials Standard Specification D-6751, and the registration requirements of the United States Environmental Protection Agency as a fuel and as a fuel additive under the Clean Air Act (42 U.S.C. Sec. 7401).

(c) Biodiesel blend means a fuel that contains one percent to 99.99 percent biodiesel blended

with diesel fuel. (d) For purposes of this section, where a biodiesel blend is designated BX, X represents the

percentage of the fuel, by volume, that is biodiesel. For example, B20 means a biodiesel blend that contains 20 percent, by volume, of biodiesel.

(e) For an underground storage tank storing biodiesel blends greater than B5 and up to and

including B20, a variance from the approval requirements contained in section 2631, subdivision (b) and section 2631.1, subdivision (b) shall be provided by the local agency if all of the following requirements are satisfied:

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(1) The underground storage tank meets the construction requirements contained in Health and Safety Code section 25291, subdivision (a), paragraphs (1)-(6), inclusive and subdivisions (b)-(i), inclusive, section 25290.1 or section 25290.2, as applicable.

(2) The underground storage tank and components are approved for the storage of

petroleum diesel pursuant to section 2631, subdivision (b). (3) The underground storage tank satisfies, and the owner or operator complies with, all

other applicable requirements contained in Chapter 6.7 of Division 20 of the Health and Safety Code, the regulations adopted to implement that chapter, and operational requirements contained in a permit issued pursuant to Section section 25284 of the Health and Safety Code.

(4) The owner provides both of all of the following to the local agency:

(A) A Notice of Intent, signed by the owner, to store a biodiesel blend greater than B5

and up to and including B20 in the underground storage tank pursuant to the variance established in this section.

(B) An “Operating Permit Application - Tank Information” form contained in Title 27,

Division 3, Subdivision 1, Chapter 6 that identifies the biodiesel blend accompanied by a A written statement from the owner that the underground storage tank and components are compatible with the biodiesel blend stored or to be stored. The biodiesel blend shall be identified by using the “Other Petroleum” selection under “Tank Use and Contents” on the form and specifying the biodiesel blend in accordance with subdivision (d). This statement shall be supported by documentation from the underground storage tank manufacturer or a nationally-recognized research organization with applicable expertise.

(C) Within 30 days of introducing the biodiesel blend into the underground storage tank,

update with identification of the biodiesel blend and submit the “UST Facility Operating Permit Application – UST Tank Information/Monitoring Plan” submittal element through the California Environmental Reporting System or a local reporting portal.

(5) The owner maintains documentation verifying that each delivery of biodiesel blend meets

the applicable ASTM specification. (f) For an underground storage tank system storing biodiesel blends up to and including B20, a

variance from the certification requirements of section 2643, subdivision (f) shall be provided by the local agency if all of the following requirements are satisfied:

(1) The release detection method otherwise meets the requirements contained in

section 2643 for the biodiesel blend stored. (2) The owner provides both of the following to the local agency:

(A) A Notice of Intent, signed by the owner, to utilize release detection method or

equipment pursuant to the variance established in this section.

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(B) A written statement by the owner that the release detection method or equipment functions with the biodiesel blend stored or to be stored. This statement shall be supported by documentation from the manufacturer of the release detection method or equipment.

(3) The underground storage tank meets the requirements contained in paragraphs (1)

to (3), inclusive, of subdivision (e).

(g) The variance established in subdivision (e) shall become inoperative on the following date, whichever date is sooner:

(1) Ninety days after the date of any decision by the applicable certification organization that

determines that the certification for underground storage tanks that contain the biodiesel blend stored are included in the standard petroleum diesel approval or that determines that materials or components of the underground storage tank for which the variance was obtained are not compatible with the biodiesel blend stored.

(2) Thirty-six (36) months from the effective date of this section.

(h) The variance contained in subdivision (f) shall become inoperative thirty-six (36) months

from the effective date of this section. (i) If the variance established under subdivision (e) becomes inoperative pursuant to

paragraph (2) of subdivision (g) or because the applicable certification organization determines that materials or components of the underground storage tank for which the variance was obtained are not compatible with the biodiesel blend stored, the owner shall empty the underground storage tank and the local agency shall inspect the underground storage tank pursuant to Health and Safety Code section 25288 before any other substance is stored.

Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, 25286, 25290.1, 25290.2, 25291, and 25404.1, Health and Safety Code.



monitoring program approved by the local agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subdivision (c) and shall include the items listed in subdivision (d).


containment system as described in subdivision (c)(1) or one or more of the methods listed in subdivision (c)(2).


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(A) All exterior surfaces of the underground storage tanks and the surface of the floor directly beneath the underground storage tanks shall be capable of being monitored by direct viewing.

(B) Visual inspections shall be performed daily, except on weekends and recognized

state and/or federal holidays. Inspections may be more frequent if required by the local agency or the local agency may reduce the frequency of visual monitoring at facilities where personnel are not normally present and inputs to and withdrawals from the underground storage tanks are very infrequent. In these instances, visual inspection shall be made weekly. The inspection schedule shall take into account the minimum anticipated time during which the secondary containment system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections will occur on a routine basis when the liquid level in the tanks is at its highest. The inspection frequency shall be such that any unauthorized release will remain observable on the exterior of or the surface immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable shall consider the volatility of the hazardous substance and the porosity and slope of the surface immediately beneath the tanks.










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(1) A procedure for monitoring entered into submitted through the UST Tank Information/Monitoring Plan submittal element in the California Environmental Reporting System or a local reporting portal which establishes: (A) The frequency of performing the monitoring; (B) The methods and equipment, identified by name and model, to be used for












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Wet Volatile X X X


[FN1] A “dry” system does not contain liquid within the secondary containment during normal operating conditions while a “wet” system does. [FN2] Includes continuously operated mechanical or electronic devices. [FN3] Includes either qualitative or quantitative determinations of the presence of the hazardous substance. [FN4] Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291, and 25404, Health and Safety Code; 40 CFR 280.43.






(1) The leak interception and detection system shall be monitored in accordance with subdivision (d) of this section;



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(2) The owner or operator shall prepare a procedure for monitoring, entered into submitted

through the “UST Tank Information/Monitoring Plan” submittal element in the California Environmental Reporting System or a local reporting portal, which establishes:








(e) A response plan for an unauthorized release shall be developed before the underground

storage tank system is put into service and submitted through the California Environmental Reporting System or a local reporting portal within 30 days after the underground storage

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tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of section 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:








Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291, 25292, and 25404, Health and Safety Code; 40 CFR 280.41.







adequate by a corrosion specialist . The cathodic protection systems shall be tested by a cathodic protection tester within six months of installation and at least every three years thereafter. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed in accordance with voluntary consensus standards. Impressed-current cathodic protection systems shall also be inspected no less than every 60 calendar days to ensure that they are in proper working order.

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(B) Underground storage tanks protected with fiberglass-reinforced plastic coatings, composites, or equivalent non-metallic exterior coatings or coverings, including coating/sacrificial anode systems, shall be tested at the installation site using an electric resistance holiday detector. All holidays detected shall be repaired and checked by a factory authorized repair service before installation. During and after installation, care shall be taken to prevent damage to the protective coating or cladding. Preengineered corrosion protection systems with sacrificial anodes shall be checked once every three years in accordance with the manufacturer's instructions.



(4) All secondary containment systems shall pass a post-installation test which meets the




developed in accordance with voluntary consensus standards and the manufacturer's written installation instructions. The owner or operator shall certify that the underground storage tank was installed in accordance with the above requirements as required by subdivision (d) of this section.





(1) The spill container shall collect any hazardous substances spilled during product delivery operations to prevent the hazardous substance from entering the subsurface environment. The spill container shall meet the following requirements: (A) If it is made of metal, the exterior wall shall be protected from galvanic corrosion.

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(B) It shall have a minimum capacity of five gallons (19 liters). (C) It shall have a drain valve which allows drainage of the collected spill into the primary






(C) Provide positive shut-off of flow to the tank when the tank is filled to no more than

95 percent of capacity; or, (D) Provide positive shut-off of flow to the tank so that none of the fittings located on the










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original excavation for the secondary containment system shall have a water-tight cover which extends at least one foot beyond each boundary of the original excavation. This cover shall be asphalt, reinforced concrete, or equivalent material which is sloped to drainways leading away from the excavation. Access openings shall be constructed as water-tight as practical. Primary containment systems with integral secondary containment and open vaults are exempt from the requirements of this subdivision.




conditions in paragraphs (1) through (4) below. The certification shall be made on the “UST Certification of Installation/ Modification” submittal element in the California Environmental Reporting System or a local reporting portal. (1) The installer has met the requirements set forth in section 2715, subdivisions (g) and (h); (2) The underground storage tank, any primary piping, and any secondary containment, was




Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25290.1, 25290.2, 25291, 25299, and 25404, Health and Safety Code; 40 CFR 280.20 and 280.40-280.45.

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(1) Vent or tank riser piping, provided the primary containment system is equipped with an

overfill prevention system meeting the requirements specified in sections 2635(b)(2)(B) or (C); or,

(2) Vapor recovery piping if designed so that it cannot contain liquid-phase product; or, (3) Suction piping if the piping is designed, constructed, and installed as follows:




subparagraphs (A) through (C) above. (b) All corrodible underground piping, if in direct contact with backfill material, shall be protected





an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator shall certify that the piping was installed in accordance with the above requirements of section 2635(d). The certification shall be made on the “UST Certification of Installation/ Modification” submittal element in the California Environmental Reporting System or a local reporting portal.

(d) Lined trench systems used as part of a secondary containment system shall be designed

and constructed according to a code of practice or engineering standard approved by a state registered professional engineer. The following requirements shall also apply:

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(1) All trench materials shall be compatible with the substance stored and evaluated by an independent testing organization for their compatibility or adequacy of the trench design, construction, and application.


(e) All new primary piping and secondary containments systems shall be tested for tightness after installation in accordance with manufacturer's guidelines. Primary pressurized piping shall be tested for tightness hydrostatically at 150 percent of design operating pressure or pneumatically at 110 percent of design operating pressure. If the calculated test pressure for pressurized piping is less than 40 psi, 40 psi shall be used as the test pressure. The pressure shall be maintained for a minimum of 30 minutes and all joints shall be soap tested. A failed test, as evidenced by the presence of bubbles, shall require appropriate repairs and retesting. If there are no manufacturer's guidelines, secondary containment systems shall be tested using an applicable method specified in an industry code or engineering standard. Suction piping and gravity flow piping which cannot be isolated from the tank shall be tested after installation in conjunction with an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f), if approved by the local agency.







requirement in paragraph (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. Continuous monitoring systems as described in paragraph (1), which shut down the pump in addition to either activating the audible and visual alarm or stopping the flow of product at the dispenser, satisfy the automatic line leak detector requirement of paragraph (2).

[Editor's note: Version of (f)(3) effective 1-17-2008.] (3) Until November 9, 2004, other monitoring methods may be used in lieu of the

requirement in paragraph (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. As an example, continuous monitoring systems as described in or stopping the flow of product at the dispenser, satisfy the automatic line leak paragraph (1), which shut

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down the pump in addition to either activating the audible and visual alarm detector requirement of paragraph (2), for purposes of this subdivision (f)(3).






dispenser when a leak is detected in the under-dispenser containment. (B) The monitoring system for all product piping other than that contained in the under-



paragraph (1), which activate an audible and visual alarm in the event of a leak or a malfunction of the monitoring system satisfy the automatic line leak detector requirement of paragraph (2), provided that the monitoring system is checked at least daily by either remote electronic access or on-site visual inspections. A log of daily checks shall be available for local agency review upon request.


with the following:



feet of a public drinking water well, as identified pursuant to GeoTracker. (C) By December 31, 2003, for systems not subject to paragraph (A) or (B).

(2) Under-dispenser containment shall be designed, constructed, installed, and monitored in

accordance with sections 2631, 2636(c)(2), 2636(e), and 2636(f). (3) A manufacturer of an under-dispenser spill containment or control system may apply to



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Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291, 25296.35, 25299, and 25404, Health and Safety Code; and 40 CFR 280.20 and 280.40-280.45.








installed, and monitored in accordance with Article 3. (d) Owners or operators of tanks monitored pursuant to section 25292(b)(5)(A) of the Health

and Safety Code shall comply with the requirements of section 2645. Tank systems having a capacity of more than 2,000 gallons shall not be monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code.

(e) An owner or operator of an underground storage tank system with a single-walled

component that is located within 1,000 feet of a public drinking water well, as notified by the board according to GeoTracker, shall implement a program of enhanced leak detection or monitoring for that tank system in accordance with section 2644.1. Additionally, the following conditions for enhanced leak detection shall apply:

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(1) For the purpose of section 2644.1, vent or tank riser piping, vapor recovery piping, and suction piping that meet the definitions of section 2636(a)(1), (2), or (3), are not considered single-walled components.

(2) Owners or operators notified by the board who believe that their facility is not subject to

this requirement may request reconsideration by the Division of Water Quality Underground Storage Tank Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 calendar days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, within 90 calendar days of receipt of the request.

(3) The request for reconsideration must include the name and address of the subject

facility, the name and address of the owner or operator submitting the request, and the reason(s) why the requester believes the board notification was in error. If the request is based on evidence that the UST system in question is greater than 1,000 feet from a public drinking water well, the request shall include a demonstration that the center of the well head is more than 1,000 feet from the closest component of the UST system. If the request is based on evidence that the subject UST system does not have a single-walled component, the request shall include supporting documentation. A copy of the request shall be concurrently submitted to the local agency.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.4, and 25296.35, Health and Safety Code; and 40 CFR 280.40, 280.42, and 280.43(b).


section. Subdivision (b) contains monitoring requirements for underground storage tanks; subdivision (c) for pressurized piping; subdivision (d) for suction piping; and subdivision (e) for gravity-flow piping. Examples of release detection methods that may be used to meet the requirements of this section are in Appendix III.

(b) Quantitative release detection method used to monitor underground storage tanks shall be

conducted according to one of the methods listed in paragraphs (1) through (5) below. These quantitative monitoring methods shall meet the requirements of section 2643(f) and shall be capable of detecting release rates specified in this section with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.



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level in the tank is at least three feet and shall be capable of detecting a release of 0.1 gallon per hour. The automatic tank gauge shall generate hard copies of data as specified in subdivision (b)(1) above. In addition, manual inventory reconciliation shall be conducted in accordance with section 2646 (except for subdivision (b)).






for compliance with this subdivision and subdivision (f). (c) Piping that conveys hazardous substances under pressure shall be monitored in accordance

with paragraph (1), and either paragraph (2) or (3).

(1) Monitoring shall be conducted at least hourly at any pressure. The monitoring method shall be capable of detecting a release equivalent to 3.0 gallons per hour defined at 10 pounds per square inch pressure within one hour of its occurrence with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. The leak detection method shall restrict or shut off the flow of product through the piping or trigger a visual and audible alarm if an unauthorized release occurs. If the use of piping is intermittent, leak detection monitoring is required only at the beginning or end of the period during which the piping is under pressure, but in any event there shall not be more than one hour between the time the equipment initiates the test and detection of an unauthorized release; and





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(d) Piping that conveys hazardous substances under less than atmospheric pressure (suction piping) shall be tested at least every three years at a pressure designated by the test equipment manufacturer. The test method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at a minimum of 40 psi with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency. Daily monitoring shall be performed as described in Appendix II except for emergency generator systems, which may be monitored less often, but at least monthly. Written records describing the results of the monitoring shall be maintained in accordance with section 2712(b).




reconciliation and manual tank gauging, shall be certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in paragraphs (1) through (3) below:






using a procedure deemed equivalent to an EPA procedure. Any resultant certification shall include a statement by the association or laboratory that the conditions under which the test was conducted were at least as rigorous as those used in the EPA standard test procedure. This certification shall include statements that:




expected to be encountered in 75 percent of the normal test cases; (C) All portions of the equipment or method evaluated received the same evaluation;

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(D) The amount of data collected and the statistical analysis are at least as extensive and rigorous as the data collected and statistical analysis used in the corresponding EPA test procedure and are sufficient to draw reasonable conclusions about the equipment or method being evaluated;



(4) The evaluation results referred to in paragraphs (2) and(3) shall contain the same

information and shall be reported following the same general format as the EPA standard results sheet as any corresponding EPA test procedure.


before conducting a tank or piping integrity test unless the notification requirement is waived by the local agency. Within 30 calendar days of completion of an underground storage tank or piping integrity test, the tank owner or operator shall submit a report to the local agency through the California Environmental Reporting System or a local reporting portal. The results of any underground storage tank tests, other than those required by this article, performed on the underground storage tank or piping to detect an unauthorized release shall be submitted by the owner or operator to the local agency through the California Environmental Reporting System or a local reporting portal within 30 calendar days of completion of the test. The report shall be presented in written and/or tabular format, as appropriate, and shall be at a level of detail appropriate for the release detection method used.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25404, Health and Safety Code; 40 CFR 280.40-280.45.



(1) Enhanced leak detection means a test method that ascertains the integrity of an

underground tank system by introduction, and external detection, of a substance that is not a component of the fuel formulation that is stored in the tank system.




enhanced leak detection reviewed and approved by the local agency within 6 months following notification by the board. The enhanced leak detection shall be implemented

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no later than 18 months following receipt of notification from the board and repeated every 36 months thereafter.





Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25291, 25292, 25292.4, and 25404 Health and Safety Code; and 40 CFR 280.40 and 280.41.


(a) Owners or operators required under section 2650 to report a release or condition shall





(1) Owner's or operator's name and telephone number; (2) A list of the types, quantities, and concentrations of hazardous substances released; (3) The approximate date of the release; (4) The date on which the release was discovered; (5) The date on which the release was stopped; (6) A description of the actions taken to control and/or stop the release;

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(7) A description of the corrective and remedial actions, including investigations which were undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release;



contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall accompany the report;





the local agency or Regional Water Quality Board through GeoTracker every three months, or more frequently if specified by the agency overseeing the cleanup. Reports shall include but not be limited to, an update of the required information in subdivision (c), and the results of all investigation monitoring or other corrective actions which have occurred during the reporting period. Information required by sections 2653 and 2654 shall be submitted as part of the periodic report to the agency.



(f) If the test results from either an investigation conducted under subdivision (e), or from other

procedures approved by the agency, fail to confirm that there has been an unauthorized release from the underground storage tank, no further investigation or corrective action is required.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25288, 29295, 25296.35, and 25404, Health and Safety Code; 40 CFR 280.52-280.53.




previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site. The free product removal process shall result in

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proper treatment, discharge or disposal of recovery by products in compliance with applicable local, state and federal regulations.










Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code Reference: Section 25295 and 25296.35, Health and Safety Code; 40 CFR 280.64.


repair a tank pursuant to section 2661. However, a tank that has been repaired using the interior lining method may not be repaired a second time with the interior lining method. The evaluations described in subdivisions (b) and (c) of this section shall be completed before the lining of a primary container may be authorized by the local agency. The local agency shall deny the proposed lining if the owner fails to demonstrate that the lined primary container will provide continued containment based on the evaluations described in subdivisions (b) and (c).


will provide structural support if the tank is lined. A copy of this certification shall be submitted by the owner to the local agency through the California Environmental Reporting

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System or a local reporting portal. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon of the following sets of procedures and criteria:







a test conducted in accordance with subparagraphs (A) through (C) of this paragraph, the tank shall be closed in accordance with Article 7.






1. An open seam or a split longer than three inches. 2. A perforation larger than one and one half inches in diameter except directly below

a gauging opening at the bottom of a tank where the perforation shall be no longer than two and one half inches in diameter.


diameter.

(3) A test approved by the State Water Board as comparable to the tests specified in paragraphs (1) or (2) above.


tests conducted in accordance with subdivision (b) above, that a serious corrosion or structural problem does not exist. If the local agency or special inspector determines that a serious corrosion or structural problem exists, interior lining may be performed only if it can be demonstrated to the satisfaction of the local agency that new or additional corrosion

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protection will significantly minimize the corrosion and that the existing corrosion problem does not threaten the structural integrity or containment ability of the underground storage tank.







any tank is repaired using the interior lining method, it shall be inspected by a coatings expert or special inspector within ten years of lining and every five years thereafter. Written certification of the inspection shall be submitted by the tank owner to the local agency through the California Environmental Reporting System or a local reporting portal within 30 calendar days of completion of the inspection. The inspection shall include all of the following:




(3) If the tank is constructed of fiberglass, taking interior diameter measurements to verify

whether the cross-section has compressed by more than one percent of the original diameter.






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(7) For steel tanks, testing the lining using an electrical resistance holiday detector in accordance with nationally-recognized industry codes. The owner or operator shall have all holidays repaired and checked in accordance with nationally recognized industry codes.


(A) Suitable for continued use for a minimum of five years; (B) Suitable for continued use for a minimum of five years only if it is relined or other

improvements are made; or (C) No longer suitable for continued use and shall be closed in accordance with Article 7.

(9) A lined tank shall be closed in accordance with Article 7 at the end of its operational life.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.1, 25296, and 25404, Health and Safety Code; 40 CFR 280.21 and 280.33.






(1) The bladder system shall be installed under the direct supervision of a representative of

the bladder system fabricator or a contractor certified by the fabricator. (2) The entire interstitial space between the tank and the bladder shall be monitored in

accordance with subdivision 2632(c)(2). (3) Materials used in the bladder system shall be product-tight and compatible with the



installed in accordance with section 2635(a)(2)(A) and, before installing a bladder system, a special inspector shall certify that the underground storage tank has sufficient structural integrity to seal the interstitial space between the bladder and the underground storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the set of procedures and criteria specified in section 2663(b)(2), except that abrasive blasting is only required to the extent deemed

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necessary by manufacturers' specifications, or the special inspector, to assess the structural integrity of the underground storage tank.

(6) The bladder installer shall certify in writing that sufficient measures have been taken to

minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder. The tank owner shall submit the certification to the local agency through the California Environmental Reporting System or a local reporting portal.





Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.1, and 25404, Health and Safety Code; 40 CFR 280.21, 280.32(d), and 281.33.



(1) The name and address of the person who owns the underground storage tank or tanks. (2) The name, location, mailing address, and telephone number where the underground

storage tank is located, and type of business involved, if any. (3) The name, address, and telephone numbers of the underground storage tank operator

and 24-hour emergency contact person. (4) The name and telephone number of the person making the application. (5) A description of the underground storage tank including, but not limited to, the




construction, material, corrosion protection and leak detection.

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(8) A scaled diagram or design or as-built drawing which indicates the location of the underground storage tank (underground storage tank, piping, auxiliary equipment) with respect to buildings or other landmarks.











(B) If the tank or facility is owned by a corporation, partnership, or public agency, the

application shall be signed by:

1. A principal executive officer at the level of vice-president or by an authorized representative. The representative shall be responsible for the overall operation of the facility where the underground storage tank(s) are located; or,


of a public agency. (b) The owner or operator shall submit to the local agency through the California Environmental

Reporting System or a local reporting portal any changes to the information provided in accordance with subdivision (a) within 30 calendar days unless required to obtain approval before making the change.

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(c) All applicable submittal elements for the permit application must be submitted to the California Environmental Reporting System or a local reporting portal. Owners and operators shall pay all applicable local government and state surcharge fees.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25287, and 25404, Health and Safety Code.






(1) The date and time of all monitoring or sampling; (2) Monitoring equipment calibration and maintenance records; (3) The results of any visual observations; (4) The results of all sample analysis performed in the laboratory or in the field, including

laboratory data sheets and analysis used; (5) The logs of all readings of gauges or other monitoring equipment, ground water

elevations, or other test results; and (6) The results of inventory readings and reconciliations.




underground storage tank owner does not change conditions of the permit and (2) the transfer is reported to the local agency by submitting all of the required submittal elements in the California Environmental Reporting System or a local reporting portal within 30 days of the change in ownership. Transferred permits shall expire and be renewed on the original expiration date. A local agency may review, modify, or terminate the permit to operate the underground storage tank upon receiving an ownership transfer request.

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(e) The local agency shall not renew an underground storage tank permit unless the underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection verified that the underground storage tank complied with the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. The inspection shall be conducted as specified in section 25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicated noncompliance then the local agency shall verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.






of Chapter 6.7 and 6.75 of the Health and Safety Code and these regulations. (i) A paper or electronic copy of the permit and all conditions and attachments, including

monitoring plans, shall be readily accessible at the facility. (j) All primary containment shall be product-tight. (k) Owners and operators shall use care to prevent releases due to spilling or overfilling. Before

product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall ensure that the transfer operation is monitored constantly to prevent overfilling and spilling.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293, 25294, and 25404, Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45, and 281.32(e).






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(c) On a semi-annual basis, each local agency shall send to the board, information pertaining to local underground storage tank program implementation and enforcement activities. This information shall be submitted using a local information management system, local reporting portal, or the California Environmental Reporting System, and shall include, but not be limited to the number of: (1) Tanks subject to regulation (2) Regulated facilities (3) Facility inspections conducted (4) Inspected facilities in compliance with release detection and release prevention

requirements (5) Underground storage tank systems that received a red tag pursuant to Article 10.5,

including:

(A) The name and address of the facility at which the tank system is located; (B) The names of the owner and operator of the tank system; (C) The red tag's identification number; (D) The date the red tag was affixed to the tank system; (E) The specific violation for which the tank system received the red tag; (F) The date the red tag was removed from the tank system.

(d) Local agencies shall report formal and informal enforcement actions, including the specific

violation for which the local agency took the enforcement action, as specified in Title 27, section 15290 through a local information management system, local reporting portal, or the California Environmental Reporting System.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25292.3, 25296.35, and 25404, Health and Safety Code.



renewal of the permit, or for a site-specific variance, shall submit all of the application submittal elements through the California Environmental Reporting System or a local reporting portal, but may withhold the information which the person believes is a trade secret. The Any person asserting the a trade secret must separately submit all information which the person believes is a trade secret and a legal justification for the request for confidentiality. The information which shall be submitted includes, but is not limited to:

(1) Identification of those portions of the information which are believed to be trade secrets;

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(2) The length of time this information should be treated as confidential; (3) Measures that have been taken to protect this information as confidential; and (4) A discussion of why this information is subject to trade secret protection, including


referred to as “agency” for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subdivision (f) of this section.




person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of “trade secrets” contained in the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subdivision (c) of this section.


confidential as discussed in subdivision (f) of this section until a final determination is made. (f) Information which has been found to be confidential or which is being reviewed to determine

if confidentiality should exist, shall be immediately filed in a separate “confidential” file. If a document or portion of a document is filed in a confidential file, a notation shall be filed with the file document indicating that further information is in the confidential file.




pursuant to other provisions of law. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25290 and 25404, Health and Safety Code.


statement to the local agency indicating that the owner understands and is in compliance

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with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned.



(3) The owner shall submit any change of designated UST operator(s) to the local agency

through the California Environmental Reporting System or a local reporting portal no later than 30 days after the change.




storage tank systems for which they are designated. The results of each inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following:



(2) Inspecting for the presence of hazardous substance, water, or debris in spill containers. (3) Inspecting for the presence of hazardous substance, water, or debris in under-dispenser

containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity.




system have been completed, and documenting the dates these activities occurred. (6) Verifying that all facility employees have been trained in accordance with subdivision (f).

(d) The designated UST operator(s) shall provide the owner or operator with a copy of each




DRAFT

40

(f) By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) shall train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire.






alarms.



shall be maintained on-site or off-site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005.









requirements:

DRAFT

41






certification shall be obtained from the manufacturer of the monitoring equipment. (C) In the event that no training or certification exists that would satisfy the criteria of

subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification.



(4) Effective July 1, 2005, service technicians shall possess or work under the direct and

personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam. If the California UST Service Technician exam is not available by July 1, 2004, this requirement shall be effective twelve months after the date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.






Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, 25284.1, and 25404, Health and Safety Code; and 40 CFR 280.20.

DRAFT

42


(a) Corrective action includes one or more of the following phases: (1) Preliminary Site Assessment Phase (2) Soil and Water Investigation Phase; (3) Corrective Action Plan Implementation Phase; and (4) Verification Monitoring Phase.

(b) The responsible party shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of an unauthorized release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, the responsible party shall notify the regulatory agency of the proposed action and shall comply with any requirements that the regulatory agency sets. Interim remedial actions include, but are not limited to, the following:

(1) Removal of free product. Free product removal must comply with the applicable

provisions of Section 2655 of Article 5; (2) Enhanced biodegradation to promote bacterial decomposition of contaminants; (3) Excavation and disposal of contaminated soil; (4) Excavation and treatment of contaminated soil; (5) Vacuum extraction of contaminants from soil or ground water; and (6) Pumping and treatment of ground water to remove dissolved contaminants.



(1) For proposed activities under the Preliminary Site Assessment Phase, if directed by the

regulatory agency; and (2) Before initiating any work in accordance with Sections 2725 and 2727 of this Article.

(d) The workplan shall include the proposed actions and a proposed schedule for their



responsible party may begin implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the responsible party is

DRAFT

43

otherwise directed in writing by the regulatory agency. Before beginning these activities, the responsible party shall:

(1) Notify the regulatory agency of the intent to initiate the proposed actions included in the

workplan submitted; and (2) Comply with any conditions set by the regulatory agency, including mitigation of adverse

consequences from cleanup activities. Authority cited: Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25295, 25296.35, 25297, 25299.14, 25299.37, and 25299.78, Health and Safety Code, 40 CFR Sections 280.53 and 280.60 through 280.66, and Section 13267, Water Code.


(a) The Soil and Water Investigation Phase includes the collection and analysis of data

necessary to assess the nature and vertical and lateral ex-tent of the unauthorized release and to determine a cost-effective method of cleanup.



(c) The responsible party shall submit the Corrective Action Plan through GeoTracker to the

regulatory agency for review and concurrence. The regulatory agency shall concur with the Corrective Action Plan after determining that implementation of the plan will adequately protect human health, safety and the environment and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the Corrective Action Plan in response to a final regulatory agency directive.


(1) An assessment of the impacts listed in subdivision (e) of this Section; (2) A feasibility study, in accordance with subdivision (f) of this Section; and (3) Applicable cleanup levels, in accordance with subdivision (g) of this Section.





potential beneficial uses of these waters;

DRAFT

44

(4) The potential effects of residual contamination on nearby surface water and ground water; and

(f) The responsible party shall conduct a feasibility study to evaluate alternatives for remedying





(3) For sites where the unauthorized release affects or threatens waters with no current or

potential beneficial uses designated in water quality control plans, the feasibility study shall identify and evaluate at least one alternative to satisfy paragraph (1) of this subdivision.



(1) For waters with current or potential beneficial uses for which numerical objectives have

been designated in water quality control plans, the responsible party shall propose at least two alternatives to achieve these numerical objectives;


have been designated in water quality control plans, the responsible party shall recommend target cleanup levels for long-term corrective actions to the regulatory agency for concurrence. Target cleanup levels shall be based on the impact assessment, prepared in accordance with subdivision (e) of this Section.

Authority cited: Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25296.35, 25299.37, and 25299.57, Health and Safety Code.





the responsible party shall implement the Corrective Action Plan. The responsible party shall monitor, evaluate, and submit the results of implementation of the Corrective Action Plan through GeoTracker on a schedule agreed to by the regulatory agency.

DRAFT

45

(c) In the interest of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin cleanup of soil and water after the Corrective Action Plan has been submitted through GeoTracker and before it has received agency concurrence. Implementation of the Corrective Action Plan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. Before beginning this cleanup, the responsible party shall:

(1) Notify the regulatory agency of its intention to begin cleanup; and (2) Comply with any conditions set by the regulatory agency, including mitigation of adverse

consequences from cleanup activities.


Authority cited: Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25296.35 and 25299.37, Health and Safety Code and 40 CFR Sections 280.65 and 280.66.


the Corrective Action Plan and evaluate its effectiveness. (b) The responsible party shall verify completion of the Corrective Action Plan through sampling

or other monitoring of soil and/or water for such period of time and intervals agreed to by the regulatory agency. Using the monitoring results obtained pursuant to this Section and any other relevant data obtained pursuant to this Article, the responsible party shall evaluate the effectiveness of the site work.


monitoring through GeoTracker on a schedule and for a duration agreed to by the regulatory agency.

Authority cited: Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25296.35 and 25299.37, Health and Safety Code and 40 CFR Section 280.65.

Written Comments on Modified Text

Public CommentProposed Underground Storage Tank Regulations

Deadline: 7/1/16 by 12:00 noon

6-21-16



6-21-16



7-1-16



6-30-16

Written Comments Submitted Outside of the Public Comment Periods

Public CommentProposed Underground Storage Tank Reg

Deadline: 7/1/16 by12:00 Noon

7-20-16

LATE COMMENTPublic Comment

Proposed Underground Storage Tank RegDeadline: 7/1/16 by12:00 Noon

7-20-16

LATE COMMENT

Statement of Mailing Notice

Public Hearing Transcript

PUBLIC HEARING TRANSCRIPT

The State Water Resources Control Board did not receive a request for a public hearing and it did not hold a public hearing.

Updated Informative Digest

UPDATED INFORMATIVE DIGEST

There have been no changes in the applicable laws or to the effect of the proposed regulations from the laws and effects described in the Notice of Proposed Regulatory Action and the Notice of Modification to Text of Proposed Regulation.

Final Statement of Reasons




FINAL STATEMENT OF REASONS

July 2016 State of California

State Water Resources Control Board Division of Water Quality

1

Chapter 16. Underground Storage Tank Regulations UPDATE OF INITIAL STATEMENT OF REASONS1 The information contained herein is updated as follows. The Notice of Proposed Rulemaking for these regulations was published in the California Notice Register on March 25, 2016. In response to comments received during the initial 45 day comment period of March 25 to May 10, 2016 the State Water Resources Control Board (State Water Board) modified the proposed regulations: The modified text was made available to comment during the 15-day comment period from June 15 to July 1, 2016. Existing regulations use the terms “paragraph,” “subparagraph,” “subsection,” and “subdivision” inconsistently. The State Water Board has amended the use of these terms in the regulations for consistency purpose. As amended, the use of these terms are consistent with the modern use of these terms at the State Water Board. Article 1. Definition of Terms SECTION 2611. ADDITIONAL DEFINITIONS. “Submit” “Submit” means to provide documentation or information to the State Water Board, the Regional Water Quality Board, or the local agency by the specified method. If no method is specified herein, submittal may be made by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the agency that will receive the submittal. If the method specified is through the California Environmental Reporting System or a local reporting portal, but at the time of the submittal the California Environmental Reporting System data dictionary does not define the data elements for the submittal and there is no specific-named document upload option for that submittal, then it shall be as though no method is specified. Specific Purpose and Necessity of the Proposed Action Three commenters raised concerns that requiring a document for which there is no specifically-named document location to be submitted through California Environmental Reporting System (CERS) may cause added workload and/or confusion. Currently in CERS, there are multiple specifically-named document locations and one location for all other miscellaneous state-required documents. Specifically-named document locations provide a specific location for underground storage tank (UST) owners and operators to upload specific documents (e.g., the UST Site Plan). Any document for which there is no specifically-named location only can be submitted by uploading it to the miscellaneous state-required documents location.

1 This section explains the changes that have been made to the text of the regulations initially proposed. The changes that have been made are reflected in strikeout and underline format.

2

To reduce any added workload and/or confusion an upcoming version of CERS will include additional locations for specifically-named documents, including the documents referenced by the commenters. In addition some documents currently required to be uploaded will be converted into discrete data fields (e.g., the Unauthorized Release Form). The State Water Board agrees that as originally proposed, the requirement to submit the additional documents to CERS as miscellaneous state-required documents may cause confusion and added workload. The State Water Board is amending the definition of the term “submit” to provide an alternate method of submission in accordance with California Code of Regulations, title 27, section 15186 until CERS is upgraded. As amended, the documents that would otherwise be submitted to CERS as miscellaneous state-required documents may be submitted via paper or other method until CERS is upgraded. Article 3: New Underground Storage Tank Design, Construction, and Monitoring Requirements SECTION 2631.2. BIODIESEL BLENDS – VARIANCE FROM MATERIAL

COMPATIBILITY CERTIFICATION REQUIREMENTS. Withdraw all proposed changes to this section. Specific Purpose and Necessity of the Proposed Action Section 2631.2 is inoperative, so there is no reason to amend any of the text. The State Water Board is not removing this section at this time because doing so is beyond the limited scope of the proposed regulations. SECTION 2632. MONITORING AND RESPONSE PLAN REQUIREMENTS FOR NEW

UNDERGROUND STORAGE TANKS CONSTRUCTED PURSUANT TO SECTION 2631.

(a) This section is applicable only to underground storage tanks constructed pursuant to the


monitoring program approved by the local agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subdivision (c) and shall include the items listed in subdivision (d).


containment system as described in subdivision (c)(1) or one or more of the methods listed in subdivision (c)(2).




(B) Visual inspections shall be performed daily, except on weekends and recognized

state and/or federal holidays. Inspections may be more frequent if required by the local agency or the local agency may reduce the frequency of visual monitoring at

3

facilities where personnel are not normally present and inputs to and withdrawals from the underground storage tanks are very infrequent. In these instances, visual inspection shall be made weekly. The inspection schedule shall take into account the minimum anticipated time during which the secondary containment system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections will occur on a routine basis when the liquid level in the tanks is at its highest. The inspection frequency shall be such that any unauthorized release will remain observable on the exterior of or the surface immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable shall consider the volatility of the hazardous substance and the porosity and slope of the surface immediately beneath the tanks.










(1) A procedure for monitoring entered into submitted through the UST Tank Information/Monitoring Plan submittal element in the California Environmental Reporting System or a local reporting portal which establishes: (A) The frequency of performing the monitoring;

4

(B) The methods and equipment, identified by name and model, to be used for performing the monitoring;

(C) The location(s), as identified on a plot plan, where the monitoring will be performed; (D) The name(s) and title(s) of the person(s) responsible for performing the monitoring















Dry Volatile X X X X Dry Nonvolatile X X X Wet Volatile X X X

5

Wet Nonvolatile X X X [FN1] A “dry” system does not contain liquid within the secondary containment during normal operating conditions while a “wet” system does. [FN2] Includes continuously operated mechanical or electronic devices. [FN3] Includes either qualitative or quantitative determinations of the presence of the hazardous substance. [FN4] Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment. Specific Purpose and Necessity of the Proposed Action A commenter suggested that the term “submitted through” would be more precise than the originally proposed term “entered into.” The commenter’s concern is that it can be argued that “entered into” only means a person must enter data into the UST Tank information/Monitoring Plan submittal element, without necessarily making the submission to the local agency. The State Water Board agrees that the term “entered into” does not fully represent the intent of the section and “submitted through” is a better term. SECTION 2634. MONITORING AND RESPONSE PLAN REQUIREMENTS FOR NEW

UNDERGROUND STORAGE TANKS CONTAINING MOTOR VEHICLE FUEL AND CONSTRUCTED PURSUANT TO SECTION 2633.

(a) This section applies only to underground storage tanks containing motor vehicle fuel and





(1) The leak interception and detection system shall be monitored in accordance with subdivision (d) of this section;


requirements in section 2646; and, (3) All underground piping shall be tested and monitored in accordance with section 2636.

(d) Before implementing a monitoring program, the owner or operator shall demonstrate to the

satisfaction of the local agency that the program is effective in detecting an unauthorized

6

release from the primary container before it can escape from the leak interception and detection system. A monitoring program for leak interception and detection systems shall meet the following requirements:





(2) The owner or operator shall prepare a procedure for monitoring, entered into submitted

through the “UST Tank Information/Monitoring Plan” submittal element in the California Environmental Reporting System or a local reporting portal, which establishes:








(e) A response plan for an unauthorized release shall be developed before the underground

storage tank system is put into service and submitted through the California Environmental Reporting System or a local reporting portal within 30 days after the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of section 2632(d)(2). If the leak

7

interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:








Specific Purpose and Necessity of the Proposed Action A commenter suggested that the term “submitted through” would be more precise than the originally proposed term “entered into.” The commenter’s concern is that it can be argued that “entered into” only means a person must enter data into the UST Tank information/Monitoring Plan submittal element, without necessarily making the submission to the local agency. The State Water Board agrees that the term “entered into” does not fully represent the intent of the section and “submitted through” is a better term. Article 5. Release Reporting and Initial Abatement Requirements SECTION 2655. FREE PRODUCT REMOVAL REQUIREMENTS. (e) A free product removal report shall be submitted through GeoTracker to the agency


Specific Purpose and Necessity of the Proposed Action The majority of the existing regulations are implemented by the applicable “local agency” which has authority over the permitting and operation of underground storage tanks. However, oversight and cleanup of releases from underground storage tanks is implemented by an agency designated as a Local Oversite Program. Proposed section 2665(e) uses the term “agency” in reference to the agency that has oversight and cleanup authority over free product removal which is different from the “local agency.” Article 10. Permit Application, Quarterly Report and Trade Secret Request Requirements SECTION 2714. TRADE SECRET PROVISIONS

8

(a) Any person making an application for a permit to operate an underground storage tank, for renewal of the permit, or for a site-specific variance, shall submit all of the application submittal elements through the California Environmental Reporting System or a local reporting portal, but may withhold the information which the person believes is a trade secret. The Any person asserting the a trade secret must separately submit all information which the person believes is a trade secret and a legal justification for the request for confidentiality. The information which shall be submitted includes, but is not limited to:



referred to as “agency” for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subdivision (f) of this section.




person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of “trade secrets” contained in the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subdivision (c) of this section.


confidential as discussed in subdivision (f) of this section until a final determination is made. (f) Information which has been found to be confidential or which is being reviewed to determine





pursuant to other provisions of law.

9

Specific Purpose and Necessity of the Proposed Action

1. Section 2714(a) - Health and Safety Code, section 25404, subdivision (e)(4), requires regulated businesses and local agencies to report all unified program data electronically. The State Water Board recognizes that as originally proposed, the requirement to withhold and separately submit permit application information that the person submitting believes is a trade secret and should be confidential would not fully implement Health and Safety Code, section 25404, subdivision (e)(4). The State Water Board is amending the regulation to require that all permit application information be submitted through CERS or a local reporting portal, including any information the person submitting believes is a trade secret.

2. Section 2714(f) - The proposed amendment to subdivision (f) of this section is

withdrawn because the State Water Board has determined that it still is necessary to direct local agencies how to keep trade secrets confidential. CERS does not yet have a mechanism to distinguish data that has been determined to be confidential from public data. Until such time as CERS is upgraded to include such a mechanism, local agencies must make a note in CERS to indicate that there is information in the file that has been determined to be confidential and they must consult their “confidential files” before responding to any request for records to ensure that information that previously has been determined to be confidential is kept confidential.

SUMMARY AND RESPONSES TO COMMENTS RECEIVED DURING THE INITIAL 45-DAY COMMENT PERIOD FROM MARCH 25 TO MAY 10, 2016

List of Comment Letters (Alphabetical Order) Public Comments regarding Electronic Reporting Regulations

Comment Letters (#)

Commenter(s) Submitted by:

Belshire Environmental Services, Inc (Commenter #3)

Glenda Kierstead

Petaluma City Fire Department (Commenter #2) Cary Fergus

San Diego County Department of Environmental Health (Commenter #5)

Cecilia Lewallen

Santa Clara County Department of Environmental Health (Commenter #4)

Greg Breshears

Stanislaus County Department of Environmental Resources (Commenter #1)

Robert Riess

10

List of Comment Letters (Numerical Order) Public Comments regarding Electronic Reporting Regulations

Comment Letters (#)


Stanislaus County Department of Environmental Resources (Commenter #1)

Robert Riess

Petaluma City Fire Department (Commenter #2) Cary Fergus

Belshire Environmental Services, Inc (Commenter #3)

Glenda Kierstead

Santa Clara County Department of Environmental Health (Commenter #4)

Greg Breshears

San Diego County Department of Environmental Health (Commenter #5)

Cecilia Lewallen

GENERAL COMMENTS

Comment Summary 1: Three commenters raised concerns that requiring a document to be submitted through CERS may cause added workload and/or confusion if there is no specific place in CERS for uploading them. (Commenter #1, #2, #3) Response: The State Water Board is amending the definition of “submit” in response to the comments. As amended, the documents that would otherwise be submitted to CERS as miscellaneous state-required documents may be submitted via paper or other method until CERS is upgraded. Comment Summary 2: Comment supporting the Proposed Regulations. (Commenter #2) Response: The State Water Board thanks you for your support. Comment Summary 3: Commenter is concerned that previously submitted test results will be required to be submitted through CERS. (Commenter #3) Response: Businesses must submit several UST test results within a specified time frame to the local agency for review. Once a test result is submitted to the local agency, the UST owner/operator’s responsibility has been met. If the owner/operator previously submitted the test results on paper, then there is no requirement to re-submit them electronically through CERS.

11

Comment Summary 4: Commenter asked will there be another user status/login for contractors to submit installation/modification information? (Commenter #3) Response: Proposed plans for an upgraded version of CERS will allow limited access to authorized contractors. The proposed plan is to allow authorized contractors to upload specified documents, including test results, into CERS on behalf of the UST owner/operator. The State Water Board notes, however, that there still are several hurdles for making that plan a reality and that contractors only will be permitted to upload specified documents into CERS. Another proposal for the next CERS upgrade is to remove the installation/ modification data elements in favor of creating a specifically-named upload document for the information.

BIODIESEL BLENDS – VARIANCE FROM MATERIAL COMPATIBILITY CERTIFICATION REQUIREMENTS. (Section 2631.2)

Comment Summary 5: Commenter is concerned that the proposed changes in section 2631.2 are being made to older version of title 23 of the California Code of Regulations. (Commenter #5) Response: The proposed amendments are being made to the latest version of the regulations. The commenter’s copy of the regulations is outdated. This comment did, however, bring up the question of why the State Water Board was proposing to amend language to a section of the regulations that, though not repealed, has expired and is inoperative. As amended, the State Water Board is no longer proposing any amendments to section 2631.2. The State Water Board is not removing the section at this time due to the limited scope of these proposed regulations.

MONITORING AND RESPONSE PLAN REQUIREMENTS FOR NEW UNDERGROUND STORAGE TANKS CONSTRUCTED PURSUANT TO SECTION 2631. (Section 2632)

Comment Summary 6: Commenter proposed changing “entered into” to “submitted through” for section 2632(d)(1) because using the words, “entered into” would allow the UST owner/operator to comply simply by entering DRAFT submittal information into CERS or the local portal without actually submitting the information for review by the Unified Program Agency. (Commenter #4) Response: The State Water Board agrees and is amending this section as proposed by the commenter.

MONITORING AND RESPONSE PLAN REQUIREMENTS FOR NEW UNDERGROUND STORAGE TANKS CONTAINING MOTOR VEHICLE FUEL AND CONSTRUCTED PURSUANT TO SECTION 2633. (Section 2634)

Comment Summary 7: Commenter proposed changing “entered into” to “submitted through” for section 2634(d)(2) because using the words, “entered into” would allow the UST owner/operator to comply simply by entering DRAFT submittal information into CERS or the local portal without actually submitting the information for review by the Unified Program Agency. (Commenter #4) Response: The State Water Board agrees and is amending this section as proposed by the commenter.

12

SUMMARY AND RESPONSES TO COMMENTS RECEIVED DURING THE 15-DAY COMMENT PERIOD FROM JUNE 15 TO JULY 1, 2016

List of Comment Letters (Alphabetical Order) Public Comments regarding Electronic Reporting Regulations

Comment Letters (#)


Alameda County-Department of Environmental Health (Commenter #2)

Jerry Yoshioka

Belshire Environmental Inc. (Commenter #1) Glenda Kierstead

13

List of Comment Letters (Numerical Order) Public Comments regarding Electronic Reporting Regulations

Comment Letters (#)


Belshire Environmental Inc. (Commenter #1) Glenda Kierstead Alameda County-Department of Environmental Health (Commenter #2)

Jerry Yoshioka

GENERAL COMMENTS

Comment Summary 1: Commenter is concerned about whether the proposed amendments released for public comment is the entire set of regulations. (Commenter #2) Response: Only the portions of regulation that will be amended were included in the proposed amendments released for public comment. Comment Summary 2: Commenter is concerned about whether there is sufficient space available in the CERS database to receive all data required to be submitted through CERS. (Commenter #1) Response: CERS can handle required reporting and uploading of pdf documents in accordance with the existing specified parameters limiting document sizes. There are presently no plans to further limit required document uploads. The California Environmental Protection Agency (CalEPA) has requested that businesses not upload documents that are not required (e.g., Aboveground Petroleum Storage Tank Spill Prevention, Control, and Countermeasure Plans and Material Safety Data Sheets.) Comment Summary 3: Commenter is concerned that space limitations in CERS will create inconsistent submittal policies between local agencies. (Commenter #1) Response: There is no current or expected space limitation issues that would affect business reporting required data or documents. CalEPA does not have any plans to change reporting requirements or data/document retention in CERS due to space limitations.

Comment Summary 4: Commenter is concerned that space limitations in CERS will contribute to slow response times and connectivity issues. (Commenter #1) Response: Although CalEPA continues to develop CERS to manage data reporting requirements in a timely and efficient manner, slow response times may occur during peak times of use. CalEPA has scheduled certain activities that could result in slow response times, such as downloading large sets of data, to nights or other off-peak times. Comment Summary 5: Commenter asked if documents uploaded to the Miscellaneous State-Required Documents section of CERS can or should be removed from submittals? (Commenter #1)

14

Response: Businesses cannot remove data or documents once they have been submitted. Once a document is submitted, it is a public record and is subject to requirements regarding retention of such records. Businesses only should submit required data or documents.

ADDITIONAL DEFINITIONS. (Section 2611) Comment Summary 6: Commenter suggested amending the definition of the term “repair” to consistent with the recent amendment to the federal definition of the term “repair” in part 280.10 of title 40 of the Code of Federal Regulations (federal UST regulations). (Commenter #2) Response: The State Water Board recognizes that the federal definition of the term “repair” has been amended, however; the State Water Board is not amending the definition of the term “repair” at this time because doing so is beyond the limited scope of these proposed regulations. The State Water Board intends to address this issue, as well as other amendments to the federal UST regulations, as part of a separate regulatory package.

Comment Summary 7: The definition of the term “submit” contains the phrase “unless otherwise directed by the agency that will receive the submittal,” one commenter asked how must the agency provide this direction? (Commenter #1) Response: The default is that where the regulation does not specify the submittal method, businesses may submit the required document via hand-delivery, mail, or facsimile or other electronic methods. The phrase “unless otherwise directed by the agency that will receive the submittal,” simply allows the agency to state a preference for a submittal method or to not allow a submittal method that the agency is not equipped to handle (e.g., limits on document sizes in emails and facsimiles). Business should have the option to either provide specific documents electronically as uploaded pdf files or to continue to be reported in the manner used before electronic reporting was implemented. Please see the guidance and Frequently Asked Questions prepared by CalEPA and the State Water Board for more information regarding reporting requirements at http://www.waterboards.ca.gov/water_issues/programs/ust/cers/faqs.shtml.

Comment Summary 8: Commenter is concerned that if the agency that will receive the submittal can direct how information is submitted, the requirement could become subject to the unique preference of each inspector. (Commenter #1) Response: Decisions regarding permissible submittal methods must be made by the agency to whom the submittal will be made, not individual inspectors. Businesses should have the option to either provide specific documents electronically as uploaded pdf files or to continue to be reported in the manner used before electronic reporting was implemented.

INFORMATION AND APPLICATION FOR PERMIT TO OPERATE AN UNDERGROUND STORAGE TANK. (Section 2711)

Comment Summary 9: Commenter is concerned that there is no specific-named document upload option in CERS for the permit application to be uploaded to after the permit application has been signed. (Commenter #2) Response: The permit application to operate an underground storage tank has been converted into discreet data fields in CERS to collect the necessary information required.

http://www.waterboards.ca.gov/water_issues/programs/ust/cers/faqs.shtml

15

When the information is submitted through the owner’s or operator’s own password protected CERS account, it satisfies the requirement for a signature. Businesses should not upload the permit application to CERS. Comment Summary 10: Commenter suggested that the regulation state that submittal through CERS of the permit application is acknowledgement of signature. (Commenter #2) Response: The State Water Board does not agree with the suggestion. In July 2009 a United States Environmental Protection Agency memorandum clarified that states may accept electronic submission of information including electronic certification in lieu of wet signatures. Submitting information through a CERS account is a form of electronic certification. Therefore it is not necessary that regulation state that submittal through a CERS account of the permit application is acknowledgement of signature.

LOCAL MANDATE The State Water Board has determined that the proposed action will not impose a mandate on local agencies or school districts, or a mandate which requires reimbursement pursuant to part 7 (commencing with section 17500) of the Government Code, division 2. Additionally, the State Water Board has determined that the proposed action will not result in costs or savings to any state agency or any local agency or school district that is required to be reimbursed under part 7 (commencing with section 17500) of division 4 of the Government Code, other nondiscretionary costs or savings imposed on local agencies, or costs or savings in federal funding to the State. ALTERNATIVES DETERMINATION The State Water Board has determined that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the attention of the agency would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.




FINAL STATEMENT OF REASONS

July 2016 State of California

State Water Resources Control Board Division of Water Quality

State Water Board Action

State Water Resources Control Board ▪ P.O. Box 100 ▪ Sacramento, CA 95812-0100 ▪ Fax: (916) 341-5620

STATE WATER RESOURCES CONTROL BOARD BOARD MEETING

Tuesday, August 2, 2016 – 9:00 a.m. Coastal Hearing Room – Second Floor

Joe Serna Jr. - CalEPA Building 1001 I Street, Sacramento

DECLARATION OF A QUORUM Felicia Marcus, Chair; Frances Spivy-Weber, Vice Chair; Tam M. Doduc, Member; Steven Moore, Member; Dorene D’Adamo, Member

BOARD MEETING

Public comments on agenda items will be limited to 5 minutes or otherwise at the discretion of the Board Chair PUBLIC FORUM Any member of the public may address and ask questions of the Board relating to any matter within the State Water Resources Control Board’s jurisdiction provided the matter is not on the agenda, or pending before the State Water Board or any California Regional Water Quality Control Board. BOARD BUSINESS

1. The Board will consider adoption of the July 19-20, 2016 Board Meeting minutes.

UNCONTESTED ITEMS* (ITEMS 2-3)

*2. Consideration of a proposed Resolution authorizing the Executive Director or Designee to execute a three-year Interagency Agreement with the California High Speed Rail Authority to support permitting scheduled during the Fiscal Years 2016-17, 2017-18 and 2018-19 for approximately $1.161 million.

*3. Consideration of a proposed Resolution adopting amendments to underground storage tank regulations to clarify or make specific existing reporting requirements. (Written comments were due on July 1, 2016 by 12 noon.)

INFORMATIONAL ITEMS

4. California’s ongoing drought emergency.

5. Update on Emergency Water Conservation Regulation.

DIVISION OF WATER RIGHTS

6. Consideration of a proposed Order addressing Pacific Gas and Electric Company’s petition for reconsideration of the water quality certification issued for the DeSabla-Centerville Hydroelectric Project.

• Draft Order 07/27/16

http://www.waterboards.ca.gov/board_info/agendas/2016/aug/080216_2.pdf






http://www.waterboards.ca.gov/water_issues/programs/ust/adm_notices/elect_rpt_regs/docs/notice_proposed_ust_regs.pdf

http://www.waterboards.ca.gov/water_issues/programs/ust/adm_notices/elect_rpt_regs/docs/notice_proposed_ust_regs.pdf




http://www.waterboards.ca.gov/board_info/agendas/2016/aug/080216_6_draftorder_wqc.pdf

State Water Resources Control Board ▪ P.O. Box 100 ▪ Sacramento, CA 95812-0100 ▪ Fax: (916) 341-5620

INFORMATIONAL ITEMS

7. Report from the Statewide Advisory Committee on Cooling Water Intake Structures with recommendations regarding the implementation schedules contained in the Use of Coastal and Estuarine Waters for Power Plant Cooling.

8. Board Member Report.

CLOSED SESSION Closed Sessions are not open to the Public

OFFICE OF CHIEF COUNSEL The Board may meet in closed session to deliberate on procedural or substantive decisions to be reached in the proceeding to consider the joint Petition filed by the California Department of Water Resources and the U.S. Bureau of Reclamation to add three new points of diversion and/or points of rediversion of water to specified water right permits for the State Water Project and the Central Valley Project associated with the California WaterFix Project. (This closed session is authorized under Government Code section 11126, subdivision (c)(3)).

IMPORTANT INFORMATION!!

Unless otherwise specified, submittal of written comments must be received by 12:00 p.m. on July 28, 2016, and will not be accepted after that time. Submittal of electronic Powerpoint presentations must be received by 12:00 p.m. on July 28, 2016, and will not be accepted after that time. Submittals are to be sent via e-mail to the Clerk to the Board at [email protected]. Please indicate in the subject line, 8/2/16 BOARD MEETING – ITEM # (fill in bolded subject from appropriate item).” If you have questions about the agenda, contact the Clerk to the Board at (916) 341-5600. Agenda and items will be available electronically at: http://www.waterboards.ca.gov/board_info/calendar/index.shtml * Items on the uncontested items calendar may be removed at the request of any Board member or person. If an item is removed from the uncontested items calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons. Video broadcast of meetings will be available at: http://www.calepa.ca.gov/Broadcast/. For a map to our building, visit: http://www.calepa.ca.gov/EPABldg/location.htm. For security purposes, all visitors are required to sign in and receive a badge prior to entering the building. Valid picture identification may be required due to the security level so please allow up to 15 minutes for this process. Individuals who require special accommodations are requested to contact the Clerk to the Board, (916) 341-5600.





http://www.waterboards.ca.gov/board_info/calendar/index.shtml

http://www.calepa.ca.gov/Broadcast/

http://www.calepa.ca.gov/EPABldg/location.htm

STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2016-0042

ADOPTING AMENDMENTS TO UNDERGROUND STORAGE TANK REGULATIONS TO

CLARIFY OR MAKE SPECIFIC EXISTING REPORTING REQUIREMENTS WHEREAS:

1. Health and Safety Code section 25404, subdivision (e)(4) and California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, section 15100 et seq. requires the electronic submission of hazardous materials data to the California Electronic Reporting System (CERS).

2. CERS has been active for four years and regulated facilities and local agencies have been required to submit data to CERS for the past two years.

3. To assist those regulated businesses that do not have a computer with internet access, some local agencies have made computers available at their offices or other locations within their jurisdictions for regulated businesses to use to submit program information. In addition, some inspectors carry laptop or tablet computers with them when they inspect regulated businesses and assist regulated businesses to submit program information.

4. In addition to the requirements to submit specified information or documents through CERS, existing regulations also include requirements for submission of other information or documents that cannot be submitted through CERS and in certain instances for other program elements (i.e. cleanup) must be submitted electronically through GeoTracker, the state Geographic Information System mapping database.

5. The State Water Board has proposed amendments to California Code of Regulations, title 23, division 3, chapter 16, section 2610 et seq. (Underground Storage Tank Regulations) to clarify or make specific existing reporting requirements under the UST Program by stating the method by which UST owners or operators and local agencies must submit specified information and documents to the State Water Board, Regional Water Quality Control Boards (Regional Water Boards), or the applicable local agency as defined in Health and Safety Code section 25283.

6. The proposed regulations include requirements to submit specified information or documents through CERS consistent with Health and Safety Code section 25404, subdivision (e)(4).

7. The proposed regulations also include requirements to submit specified information or documents through GeoTracker for the purpose of preventing confusion between GeoTracker and CERS requirements. These regulations are consistent with California Code of Regulations, title 23, division 3, chapter 30, section 3890 et seq.

8. The proposed regulations provide that where a submittal method is not specified, the information or document may be provided by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the State Water Board, Regional Water Board, or local agency that will receive the submittal.

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9. The proposed regulations do not include any new reporting requirements; however, the existing reporting requirements are amended to make specific the method of reporting.

10. The State Water Board published and distributed a Notice of Proposed Regulatory

Action on March 25, 2016. The 45-day public comment period ended on May 10, 2016 and the State Water Board received written comments, but no request for a public hearing. Responses to all timely comments and one late comment received on the proposed regulations are contained in the Final Statement of Reasons.

11. The State Water Board published and distributed a Notice of Modification to Text of Proposed Regulation and the modified text of the proposed regulations in underline and strikeout on June 15, 2016 for a 15-day public comment period that ended on July 1, 2016. Responses to all timely comments received on the modifications to the proposed regulations are contained in the Final Statement of Reasons.

THEREFORE BE IT RESOLVED THAT: The State Water Board adopts the proposed amendments to the Underground Storage Tank Regulations and authorizes the Executive Director to transmit the proposed regulations to the Office of Administrative Law for filing with the Secretary of State, and to make any non-substantive revisions to the regulations to facilitate the review process.

CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on August 2, 2016. AYE: Chair Felicia Marcus Vice Chair Frances Spivy-Weber Board Member Tam M. Doduc Board Member Steven Moore Board Member Dorene D’Adamo

NAY: None

ABSENT: None

ABSTAIN: None

Jeanine Townsend Clerk to the Board

Reference and Authority

Health and Safety Code Division 20. Miscellaneous Health and Safety Provisions

Chapter 6.7. Underground Storage of Hazardous Substances § 25280.

(a) The Legislature finds and declares as follows: (1) Substances hazardous to the public health and safety and to the environment are stored

prior to use or disposal in thousands of underground locations in the state. (2) Underground tanks used for the storage of hazardous substances and wastes are

potential sources of contamination of the ground and underlying aquifers, and may pose other dangers to public health and the environment.

(3) In several known cases, underground storage of hazardous substances, including, but not limited to, industrial solvents, petroleum products, and other materials, has resulted in undetected and uncontrolled releases of hazardous substances into the ground. These releases have contaminated public drinking water supplies and created a potential threat to the public health and to the waters of the state.

(4) The Legislature has previously enacted laws regulating the management of hazardous wastes, including statutes providing the means to clean up releases of hazardous substances into the environment when the public health, domestic livestock, wildlife, and the environment are endangered. Current laws do not specifically govern the construction, maintenance, testing, and use of underground tanks used for the storage of hazardous substances, or the short-term storage of hazardous wastes prior to disposal, for the purposes of protecting the public health and the environment.

(5) The protection of the public from releases of hazardous substances is an issue of statewide concern.

(b) The Legislature therefore declares that it is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage of, hazardous substances stored underground. It is the intent of the Legislature, in enacting this chapter, to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, tested, and upgraded so that the health, property, and resources of the people of the state will be protected. § 25280.5.

The Legislature finds and declares all of the following: (a) Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the

United States Code provides for regulation of underground storage tanks and allows underground storage tanks to be regulated pursuant to a state program, in lieu of a federal program, in states which are authorized to implement these provisions.

(b) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this chapter, to authorize the state to implement the provisions of Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, including any acts amending or supplementing Subchapter IX and any federal regulations and guidelines adopted pursuant to Subchapter IX. § 25280.6.

Either the owner or operator of an underground storage tank may comply with the requirements of this chapter that apply to the owner or operator of an underground storage tank. Both the owner and the operator of an underground storage tank are responsible for complying

with this chapter and if an underground storage tank is not in compliance with this chapter, both the owner and the operator of that underground storage tank are in violation of that requirement. § 25281.

(Amended by Stats. 2015, For purposes of this chapter and unless otherwise expressly provided, the following definitions apply:

(a) “Automatic line leak detector” means any method of leak detection, as determined in regulations adopted by the board, that alerts the owner or operator of an underground storage tank to the presence of a leak. “Automatic line leak detector” includes, but is not limited to, any device or mechanism that alerts the owner or operator of an underground storage tank to the presence of a leak by restricting or shutting off the flow of a hazardous substance through piping, or by triggering an audible or visual alarm, and that detects leaks of three gallons or more per hour at 10 pounds per square inch line pressure within one hour.

(b) “Board” means the State Water Resources Control Board. “Regional board” means a California regional water quality control board.

(c) “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system.

(d) (1) “Certified Unified Program Agency” or “CUPA” means the agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction.

(2) “Participating Agency” or “PA” means an agency that has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary to implement or enforce the unified program element specified in paragraph (3) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2.

(3) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent each PA has been designated by the CUPA, pursuant to a written agreement, to implement or enforce the unified program element specified in paragraph (3) of subdivision (c) of Section 25404. For purposes of this chapter, a UPA has the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 to 25404.2, inclusive, to implement and enforce only those requirements of this chapter listed in paragraph (3) of subdivision (c) of Section 25404 and the regulations adopted to implement those requirements. Except as provided in Section 25296.09, after a CUPA has been certified by the secretary, the UPA shall be the only local agency authorized to enforce the requirements of this chapter listed in paragraph (3) of subdivision (c) of Section 25404 within the jurisdiction of the CUPA. This paragraph shall not be construed to limit the authority or responsibility granted to the board and the regional boards by this chapter to implement and enforce this chapter and the regulations adopted pursuant to this chapter.

(e) “Department” means the Department of Toxic Substances Control. (f) “Facility” means any one, or combination of, underground storage tanks used by a single

business entity at a single location or site. (g) “Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of

Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), or as it may subsequently be amended or supplemented.

(h) “Hazardous substance” means either of the following: (1) All of the following liquid and solid substances, unless the department, in consultation

with the board, determines that the substance could not adversely affect the quality of the waters of the state:

(A) Substances on the list prepared by the Director of Industrial Relations pursuant to Section 6382 of the Labor Code.

(B) Hazardous substances, as defined in Section 25316.

(C) Any substance or material that is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid.

(2) Any regulated substance, as defined in subsection (7) of Section 6991 of Title 42 of the United States Code, as that section reads on January 1, 2012, or as it may subsequently be amended or supplemented.

(i) “Local agency” means one of the following, as specified in subdivision (b) of Section 25283:

(1) The unified program agency. (2) Before July 1, 2013, a city or county. (3) On and after July 1, 2013, a city or county certified by the board to implement the local

oversight program pursuant to Section 25297.01. (j) “Operator” means any person in control of, or having daily responsibility for, the daily

operation of an underground storage tank system. (k) “Owner” means the owner of an underground storage tank. (l) “Person” means an individual, trust, firm, joint stock company, corporation, including a

government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, district, the state, another state of the United States, any department or agency of this state or another state, or the United States to the extent authorized by federal law.

(m) “Pipe” means any pipeline or system of pipelines that is used in connection with the storage of hazardous substances and that is not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

(n) “Primary containment” means the first level of containment, such as the portion of a tank that comes into immediate contact on its inner surface with the hazardous substance being contained.

(o) “Product tight” means impervious to the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment.

(p) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into or on the waters of the state, the land, or the subsurface soils.

(q) “Secondary containment” means the level of containment external to, and separate from, the primary containment.

(r) “Single walled” means construction with walls made of only one thickness of material. For the purposes of this chapter, laminated, coated, or clad materials are considered single walled.

(s) “Special inspector” means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements of underground storage tanks.

(t) (1) “Storage” or “store” means the containment, handling, or treatment of hazardous substances, either on a temporary basis or for a period of years.

(2) “Storage” or “store” does not include the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the department pursuant to Section 25200 or 25201.6 or granted interim status under Section 25200.5.

(3) “Storage” or “store” does not include the storage of hazardous wastes in an underground storage tank if all of the following apply:

(A) The facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste in a tank.

(B) The tank is located in an underground area, as defined in Section 280.12 of Title 40 of the Code of Federal Regulations.

(C) The tank is subject to Chapter 6.67 (commencing with Section 25270). (D) The tank complies with the hazardous waste tank standards pursuant to Article 10

(commencing with Section 66265.190) of Chapter 15 of Title 22 of the California Code of Regulations.

(4) “Storage” or “store” does not include the storage of hazardous wastes in an underground storage tank if all of the following apply:

(A) The facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste in a tank.

(B) The tank is located in a structure that is at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault.

(C) The structure in which the tank is located, at a minimum, provides for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs.

(D) The tank complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Title 22 of the California Code of Regulations.

(u) “Tank” means a stationary device designed to contain an accumulation of hazardous substances which is constructed primarily of nonearthen materials, including, but not limited to, wood, concrete, steel, or plastic that provides structural support.

(v) “Tank integrity test” means a test method capable of detecting an unauthorized release from an underground storage tank consistent with the minimum standards adopted by the board.

(w) “Tank tester” means an individual who performs tank integrity tests on underground storage tanks.

(x) “Unauthorized release” means any release of any hazardous substance that does not conform to this chapter, including an unauthorized release specified in Section 25295.5.

(y) (1) “Underground storage tank” means any one or combination of tanks, including pipes connected thereto, that is used for the storage of hazardous substances and that is substantially or totally beneath the surface of the ground. “Underground storage tank” does not include any of the following:

(A) A tank with a capacity of 1,100 gallons or less that is located on a farm and that stores motor vehicle fuel used primarily for agricultural purposes and not for resale.

(B) A tank that is located on a farm or at the residence of a person, that has a capacity of 1,100 gallons or less, and that stores home heating oil for consumptive use on the premises where stored.

(C) Structures, such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, and lined and unlined pits, sumps, and lagoons. A sump that is a part of a monitoring system required under Section 25290.1, 25290.2, 25291, or 25292 and sumps or other structures defined as underground storage tanks under the federal act are not exempted by this subparagraph.

(D) A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

(E) A tank in an underground area, as defined in Section 25270.2, and associated piping, that is subject to Chapter 6.67 (commencing with Section 25270).

(2) Structures identified in subparagraphs (C) and (D) of paragraph (1) may be regulated by the board and any regional board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) to ensure that they do not pose a threat to water quality.

(z) “Underground tank system” or “tank system” means an underground storage tank, connected piping, ancillary equipment, and containment system, if any.

(aa) (1) “Unified program facility” means all contiguous land and structures, other appurtenances, and improvements on the land that are subject to the requirements of paragraph (3) of subdivision (c) of Section 25404.

(2) “Unified program facility permit” means a permit issued pursuant to Chapter 6.11 (commencing with Section 25404), and that encompasses the permitting requirements of Section 25284.

(3) “Permit” means a permit issued pursuant to Section 25284 or a unified program facility permit as defined in paragraph (2). § 25281.5.

(a) Notwithstanding subdivision (m) of Section 25281, for purposes of this chapter “pipe” means all parts of any pipeline or system of pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein, but does not include any of the following:

(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Subchapter D of Chapter 1 of Title 49 of the Code of Federal Regulations.

(2) An intrastate pipeline subject to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code.

(3) Unburied delivery hoses, vapor recovery hoses, and nozzles that are subject to unobstructed visual inspection for leakage.

(4) Vent lines, vapor recovery lines, and fill pipes which are designed to prevent, and do not hold, standing fluid in the pipes or lines.

(b) In addition to the exclusions specified in subdivision (y) of Section 25281, “underground storage tank” does not include any of the following:

(1) Vent lines, vapor recovery lines, and fill pipes that are designed to prevent, and do not hold, standing fluid in the pipes or lines.

(2) Unburied fuel delivery piping at marinas if the owner or operator conducts daily visual inspections of the piping and maintains a log of inspection results for review by the local agency. The exclusion provided by this paragraph shall not be applicable if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied fuel delivery piping at marinas.

(3) Unburied fuel piping connected to an emergency generator tank system, if the owner or operator conducts visual inspections of the piping each time the tank system is operated, but no less than monthly, and maintains a log of inspection results for review by the local agency. The exclusion provided by this paragraph does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied fuel supply and return piping connected to emergency generator tank systems.

(c) For purposes of this chapter, “emergency generator tank system” means an underground storage tank system that provides power supply in the event of a commercial power failure, stores diesel fuel, and is used solely in connection with an emergency system, legally required standby system, or optional standby system, as defined in Articles 700, 701, and 702 of the National Electrical Code of the National Fire Protection Association. § 25281.6.

(a) A tank located in a below-grade structure and connected to an emergency generator tank system, as defined in subdivision (c) of Section 25281.5, is exempt from the requirements of this chapter if all of the following conditions are met:

(1) The tank is situated above the surface of the floor in such a way that all of the surfaces of the tank can be visually inspected by either direct viewing, through the use of visual aids, including, but not limited to, mirrors, cameras, or video equipment, or monitored through the use of a continuous leak detection and alarm system capable of detecting unauthorized releases of hazardous substances.

(2) For a single-walled tank, in addition to all the other requirements in this section, the structure, or a separate discrete secondary structure able to contain the entire contents of the liquid stored in the tank, is sealed with a material compatible with the stored product.

(3) The owner or operator of the tank conducts visual inspections of the tank each time the emergency generator tank system is operated, or at least once a month, and maintains a log of inspection dates for review by the local agency.

(4) The tank or combination of tanks in the below-grade structure has a cumulative capacity of less than 1,320 gallons of diesel fuel.

(b) Nothing in this section excludes an emergency generator tank system from other applicable laws, codes, and regulations.

(c) The exclusion provided by this section does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of underground storage tanks contained in below-grade structures that are connected to emergency generator tank systems. §25282.

(a) The department shall compile a comprehensive master list of hazardous substances. The master list shall be made available to the public and mailed to each local agency no later than June 30, 1984, notwithstanding any other provision of law, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Local agencies and owners or operators of underground storage tanks shall use the master list or, when adopted, the revised list adopted pursuant to subdivision (b), to determine which underground storage tanks require permits pursuant to this chapter. Hazardous substances included on the list may be denominated by scientific, common, trade, or brand names.

(b) The department may revise, when appropriate, the master list of all the hazardous substances specified in subdivision (a). The revised list of hazardous substances shall be prepared and adopted, and may be further revised, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. § 25283.

(a) This chapter shall be implemented by the board, by the regional board, and by the local agency, as defined in subdivision (b), pursuant to the regulations adopted by the board.

(b) For purposes of this chapter, “local agency” means the following: (1) (A) A local agency means the unified program agency for purposes of implementing the

unified program, as specified in paragraph (3) of subdivision (c) of Section 25404, including the requirements of this chapter and the requirements of any underground storage tank ordinance adopted by a city or county.

(B) Consistent with paragraph (3) of subdivision (c) of Section 25404, for purposes of this chapter, a unified program agency does not implement those responsibilities assigned to the state board pursuant to Section 25297.1 or the corrective action requirements of Sections 25296.10 to 25296.40, inclusive.

(2) Before July 1, 2013, a local agency means a city or county for purposes of implementing the corrective action requirements of all of the following:

(A) Sections 25296.10 to 25296.40, inclusive. (B) Sections 25296.09, 25297, 25297.2, and 25298.5.

(C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements.

(D) Any other provision of this chapter that relates to implementing a corrective action. (3) On and after July 1, 2013, a local agency means a city or county that is certified by the

board to implement the local oversight program pursuant to Section 25297.01 for purposes of implementing the corrective action requirements of all of the following:

(A) Sections 25296.10 to 25296.40, inclusive. (B) Sections 25296.09, 25297, 25297.2, and 25298.5. (C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective

action requirements. (D) Any other provision of this chapter that relates to implementing a corrective action.

§ 25283.1.

This chapter does not prohibit any county from entering into a joint powers agreement with other counties for the purposes of enforcing this chapter. § 25283.5

(a) An underground storage tank that meets all of the following criteria is exempt from the requirements of this chapter:

(1) All exterior surfaces of the tank, including connected piping, and the floor directly beneath the tank, can be monitored by direct viewing.

(2) The structure in which the tank is located is constructed in such a manner that the structure, at a minimum, provides for secondary containment of the contents of the tank, as determined by the local agency designated pursuant to Section 25283.

(3) The owner or operator of the underground storage tank conducts weekly inspections of the tank and maintains a log of inspection results for review by the local agency designated pursuant to Section 25283, as requested by the local agency.

(4) Except as provided in paragraph (5), the local agency designated pursuant to Section 25283 determines that the underground storage tank meets requirements that are equal to or more stringent than those imposed by this chapter.

(5) If the underground storage tank is installed on or after July 1, 2003, notwithstanding Sections 25290.1 and 25290.2, the local agency determines the tank meets both of the following:

(A) Requirements that are equal to, or more stringent than, the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) and subdivisions (b) to (i), inclusive, of Section 25291.

(B) Notwithstanding Section 25281.5, any portion of a vent line, vapor recovery line, or fill pipe that is beneath the surface of the ground is subject to regulation as a “pipe,” as defined in subdivision (m) of Section 25281.

(b) This section does not prohibit a local fire chief or an enforcement agency, as defined in Section 16006, from enforcing the applicable provisions of the local or state fire, building, or electrical codes. § 25284.

(a) (1) Except as provided in subdivision (c), no person may own or operate an underground storage tank unless a permit for its operation has been issued by the local agency to the owner or operator of the tank, or a unified program facility permit has been issued by the local agency to the owner or operator of the unified program facility on which the tank is located.

(2) If the operator is not the owner of the tank, or if the permit is issued to a person other than the owner or operator of the tank, the permittee shall ensure that both the owner and the operator of the tank are provided with a copy of the permit.

(3) If the permit is issued to a person other than the operator of the tank, that person shall do all of the following:

(A) Enter into a written agreement with the operator of the tank to monitor the tank system as set forth in the permit.

(B) Provide the operator with a copy or summary of Section 25299 in the form that the board specifies by regulation.

(C) Notify the local agency of any change of operator. (b) Each local agency shall prepare a form that provides for the acceptance of the

obligations of a transferred permit by any person who is to assume the ownership of an underground storage tank from the previous owner and is to be transferred the permit to operate the tank. That person shall complete the form accepting the obligations of the permit and submit the completed form to the local agency within 30 days from the date that the ownership of the underground storage tank is to be transferred. A local agency may review and modify, or terminate, the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in subdivision (a) of Section 25295, upon receiving the completed form.

(c) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have 30 days from the date of assumption of ownership to apply for an operating permit pursuant to Section 25286 or, if accepting a transferred permit, shall submit to the local agency the completed form accepting the obligations of the transferred permit, as specified in subdivision (b). During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section.

(d) A permit issued pursuant to this section shall apply and require compliance with all applicable regulations adopted by the board pursuant to Section 25299.3. § 25284.1.

(a) The board shall take all of the following actions with regard to the prevention of unauthorized releases from petroleum underground storage tanks:

(1) On or before June 1, 2000, initiate a field-based research program to quantify the probability and environmental significance of releases from underground storage tank systems meeting the 1998 upgrade requirements specified in Section 25284, as that section read on January 1, 2002. The research program shall do all of the following:

(A) Seek to identify the source and causes of releases and any deficiencies in leak detection systems.

(B) Include single-walled, double-walled, and hybrid tank systems, and avoid bias towards known leaking underground storage tank systems by including a statistically valid sample of all operating underground storage tank systems.

(C) Include peer review. (2) Complete the research program on or before June 1, 2002. (3) Use the results of the research program to develop appropriate changes in design,

construction, monitoring, operation, and maintenance requirements for tank systems. (4) On or before January 1, 2001, adopt regulations to do all of the following: (A) (i) Require underground storage tank owners, operators, service technicians, installers,

and inspectors to meet minimum industry-established training standards and require tank facilities to be operated in a manner consistent with industry-established best management practices.

(ii) The board shall implement an outreach effort to educate small business owners or operators on the importance of the regulations adopted pursuant to this subparagraph.

(B) (i) Except as provided in clauses (ii) and (iii), require testing of the secondary containment components, including under-dispenser and pump turbine containment components, upon initial installation of a secondary containment component and periodically

thereafter, to ensure that the system is capable of containing releases from the primary containment until a release is detected and cleaned up. The board shall consult with the petroleum industry and local government to assess the appropriate test or tests that would comply with this subparagraph.

(ii) Secondary containment components that are part of an emergency generator tank system may be tested using enhanced leak detection, if the test is performed at the frequency specified by the board for testing of secondary containment pursuant to Section 2644.1 of Title 23 of the California Code of Regulations. If the results of the enhanced leak detection test indicate that any component of the emergency generator tank system is leaking liquid or vapor, the owner or operator shall take appropriate actions to correct the leakage, and the owner or operator shall retest the system using enhanced leak detection until the system is no longer leaking liquid or vapor.

(iii) Any tank or piping that is part of an emergency generator tank system and located within a structure as described in paragraph (2) of subdivision (a) of Section 25283.5 is exempt from the secondary containment testing required by clause (i), if the owner or operator conducts visual inspections of tank or piping each time the tank system is operated, but no less than monthly, and maintains a log of inspection results for review by the local agency. This clause is not applicable if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied tanks that are part of an emergency generator tank system.

(C) Require annual testing of release detection sensors and alarms, including under-dispenser and pump turbine containment sensors and alarms. The board shall consult with the petroleum industry and local government to assess the appropriate test or tests that would comply with this subparagraph.

(5) (A) Require an owner or operator of an underground storage tank installed after July 1, 1987, if a tank is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, to have the underground storage tank system fitted, on or before July 1, 2001, with under-dispenser containment or a spill containment or control system that is approved by the board as capable of containing any accidental release.

(B) Require all underground storage tanks installed after January 1, 2000, to have the tank system fitted with under-dispenser containment or a spill containment or control system to meet the requirements of subparagraph (A).

(C) Require an owner or operator of an underground storage tank that is not otherwise subject to subparagraph (A), and not subject to subparagraph (B), to have the underground storage tank system fitted to meet the requirements of subparagraph (A), on or before December 31, 2003.

(D) On and after January 1, 2002, no person shall install, repair, maintain, or calibrate monitoring equipment for an underground storage tank unless that person satisfies both of the following requirements:

(i) The person has fulfilled training standards identified by the board in regulations adopted pursuant to this section.

(ii) The person possesses a tank testing license issued by the board pursuant to Section 25284.4, or a Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors’ State License Board.

(E) Loans and grants for the installation of under-dispenser containment or a spill containment or control system shall be made available pursuant to Chapter 6.76 (commencing with Section 25299.100).

(6) Convene a panel of local agency and regional board representatives to review existing enforcement authority and procedures and to advise the board of any changes that are needed

to enable local agencies to take adequate enforcement action against owners and operators of noncompliant underground storage tank facilities. The panel shall make its recommendations to the board on or before September 30, 2001. Based on the recommendations of the panel, the board shall also establish effective enforcement procedures in cases involving fraud.

(b) On or before July 1, 2001, the Contractors’ State License Board, in consultation with the board, the petroleum industry, air pollution control districts, air quality management districts, and local government, shall review its requirements for petroleum underground storage tank system installation and removal contractors and make changes, where appropriate, to ensure these contractors are qualified. § 25284.2.

The owner or operator of an underground storage tank with a spill containment structure designed to prevent a release in the event of a spill or overfill while a hazardous substance is being placed in the tank shall annually test the spill containment structure to demonstrate that it is capable of containing the substance until it is detected and cleaned up. § 25284.4.

(a) All tank integrity tests required by this chapter or pursuant to any local ordinance in compliance with Section 25299.1 shall be performed only by, or under the direct and personal supervision of, a tank tester with a currently valid tank testing license issued pursuant to this section. No person shall engage in the business of tank integrity testing, or act in the capacity of a tank tester, within this state without first obtaining a tank testing license from the board. Any person who violates this subdivision is guilty of a misdemeanor and may be subject to civil liability pursuant to subdivision (g).

(b) Any person proposing to conduct tank integrity testing within the state shall apply to the board for a tank testing license, and shall pay the appropriate fee established by the board. A license issued pursuant to this section shall expire three years after the date of issuance and shall be subject to renewal, except as specified in this section. If the tank tester fails to renew the tank tester’s license within three years of the license’s expiration date, the license shall lapse and the person shall apply for a new tank testing license and shall meet the same requirements of this section for a new applicant. A tank tester shall pay a fee to the board at the time of licensing and at the time of renewal. The board shall adopt a fee schedule for the issuance and renewal of tank testing licenses to cover the necessary and reasonable costs of administering and enforcing this section.

(c) (1) The board may establish any additional qualifications and standards for the licensing of tank testers. Each applicant for licensing as a tank tester shall pass an examination specified by the board and shall have completed a minimum of either of the following:

(A) One year of qualifying field experience by personally testing a number of underground storage tanks specified by the board.

(B) Completed six months of field experience by personally testing a number of underground storage tanks specified by the board and have successfully completed a course of study applicable to tank testing that is satisfactory to the board.

(2) The examination required by paragraph (1) shall, at a minimum, test the applicant’s knowledge of all of the following:

(A) General principles of tank and pipeline testing. (B) Basic understanding of the mathematics relating to tank testing. (C) Understanding of the specific test procedures, principles, and equipment for which the

tank tester will be qualified to operate. (D) Knowledge of the regulations and laws governing the regulation of underground storage

tanks. (E) Proper safety procedures.

(d) The board shall maintain a current list of all persons licensed pursuant to this section, including a record of enforcement actions taken against these persons. This list shall be made available to local agencies and the public on request.

(e) A tank tester may be liable civilly in accordance with subdivision (g) and, in addition, may be subject to administrative sanctions pursuant to subdivision (f) for performing or causing another to perform, any of the following actions:

(1) Willfully or negligently violating, or causing, or allowing the violation of, this chapter or any regulations adopted pursuant to this chapter.

(2) Willfully or negligently failing to exercise direct and personal control over an unlicensed employee, associate, assistant, or agent during any phase of tank integrity testing.

(3) Without regard to intent or negligence, using or permitting a licensed or unlicensed employee, associate, assistant, or agent to use any method or equipment that is demonstrated to be unsafe or unreliable for tank integrity testing.

(4) Submitting false or misleading information on an application for license. (5) Using fraud or deception in the course of doing business as a tank tester. (6) Failing to use reasonable care, or judgment, while performing tank integrity tests. (7) Failing to maintain competence in approved tank testing procedures. (8) Failing to use proper tests or testing equipment to conduct tank integrity tests. (9) Any other action that the board may, by regulation, prescribe. (f) (1) The board may suspend the license of a tank tester for a period of up to one year,

and may revoke, or refuse to grant or renew, a license and may place on probation, or reprimand, the licensee upon any reasonable ground, including, but not limited to, those violations specified in subdivision (e). The board may investigate any licensed tank tester after receiving a written request from a local agency.

(2) The board shall notify the tank tester of any alleged violations and of proposed sanctions, before taking any action pursuant to this subdivision. The tank tester may request a hearing, or submit a written response within 30 days of the date of notice. Any hearing conducted pursuant to this subdivision shall be conducted in accordance with the hearing procedure specified in subdivision (g). After the hearing, or at a time after the 30-day response period, the board may impose the appropriate administrative sanctions authorized by this subdivision if it finds that the tank tester has committed any of the alleged violations specified in the notice.

(g) (1) The board may impose civil liability for a violation of subdivision (a) or (e) in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code, in an amount that shall not exceed five hundred dollars ($500) for each day in which the violation occurs, except that the chief of the division of water quality of the board or any other person designated by the board shall issue the complaint to the violator. The complaint shall be issued based on information developed by board staff or local agencies. Any hearing on the complaint shall be made before the board, or a panel thereof, consisting of one or more board members. The decision of the board shall be final upon issuance and may be reviewed pursuant to Article 3 (commencing with Section 13330) of Chapter 5 of Division 7 of the Water Code within 30 days following issuance of the order.

(2) Civil liability for a violation of subdivision (a) or (e) may be imposed by a superior court at the request of the board in an amount which shall not exceed two thousand five hundred dollars ($2,500) for each day in which the violation occurs.

(h) Any fees or civil liability collected pursuant to this section shall be deposited in the Underground Storage Tank Tester Account which is hereby created in the General Fund. The money in this account is available for expenditure by the board, upon appropriation by the Legislature, for purposes of implementing the tank tester licensing program established by this section and for repayment of the loan made by Section 13 of Chapter 1372 of the Statutes of 1987.

(i) A tank tester who conducts or supervises a tank or piping integrity test shall prepare a report detailing the results of the tank test and shall maintain a record of the report for at least three years, or as otherwise required by the board. The tank tester shall type or print his or her name and include his or her license number on the report and shall endorse the report under penalty of perjury by original signature. § 25285.

(a) Except as provided in Section 25285.1, a permit to operate issued by the local agency pursuant to Section 25284 shall be effective for five years. This subdivision does not apply to unified program facility permits.

(b) A local agency shall not issue or renew a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with this chapter.

(c) Except as provided in Section 25404.5, a local agency shall not issue or renew a permit to operate an underground storage tank to any person who has not paid the fee and surcharge required by Section 25287. § 25285.1.

(a) A local agency may revoke or modify a permit issued pursuant to Section 25284 for cause, including, but not limited to, any of the following:

(1) Violation of any of the terms or conditions of the permit. (2) Obtaining the permit by misrepresentation or intentional failure to fully disclose all

relevant facts. (3) A change in any condition that requires modification or termination of the operation of

the underground storage tank. (b) The local agency shall revoke the permit of an underground storage tank issued

pursuant to Section 25284 if the owner or operator is not in compliance with Article 3 (commencing with Section 25299.30) of Chapter 6.75 on the date three months after the date on which the owner or operator of the tank first becomes subject to Article 3 (commencing with Section 25299.30) of Chapter 6.75. § 25286.

(a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner or operator of the tank, or, if there is a CUPA, by the owner or operator of the unified program facility on which the tank is located, on a standardized form provided by the local agency. Except as provided in Section 25404.5, the permit shall be accompanied by the appropriate fee, as specified in Section 25287. As a condition of any permit to operate an underground storage tank, the permittee shall notify the local agency, within the period determined by the local agency, of any changes in the usage of the underground storage tank, including the storage of new hazardous substances, changes in monitoring procedures, and if there has been any unauthorized release from the underground storage tank, as specified in Section 25294 or 25295.

(b) (1) The local agencies shall provide the designee of the board with copies of the completed permit applications, using forms, an industry standard computer readable magnetic tape, diskettes, or any other form in a format acceptable to the board.

(2) The board may enter into a contract with any designee of the board for the purpose of administering the underground storage tank permit data base, and reimburse the designee of the board, upon appropriation by the Legislature, for any costs determined by the board to have been necessary and incurred pursuant to this section, including programming, training, maintenance, actual data processing expenditures, and any incidental costs of the operation of the data base related to the permitting of underground storage tanks. In selecting a contractor

pursuant to this paragraph, the board shall consider the fiscal impact upon local agencies of converting to the data base systems and procedures employed by that contractor. The permit application information required in subdivision (c) shall be stored in the data base. The designee of the board shall submit to the board a quarterly report, including any information required by the board concerning permit application data. Each local agency shall provide the designee of the board with a copy of the completed permit application within 30 days after taking final action on the application.

(c) The application form shall include, but not be limited to, requests for the following information:

(1) A description of the age, size, type, location, uses, and construction of the underground storage tank or tanks.

(2) A list of all the hazardous substances which are or will be stored in the underground storage tank or tanks, specifying the hazardous substances for each underground storage tank.

(3) A description of the monitoring program for the underground tank system. (4) The name and address of the person, firm, or corporation which owns the underground

tank system and, if different, the name and address of the person who operates the underground tank system.

(5) The address of the facility at which the underground tank system is located. (6) The name of the person making the application. (7) The name and 24-hour phone number of the contact person in the event of an

emergency involving the facility. (8) If the owner or operator of the underground storage tank or the owner or operator of the

unified program facility on which the tank is located is a public agency, the application shall include the name of the supervisor of the division, section, or office which owns or operates the tank or owns or operates the unified program facility.

(9) The State Board of Equalization registration number issued to the owner of the tank pursuant to Section 50108.1 of the Revenue and Taxation Code.

(10) If applicable, the name and address of the owner and, if different, the operator of the unified program facility on which the tank is located.

(d) If an underground storage tank is used to store a hazardous substance which is not listed in the application, as required by paragraph (2) of subdivision (c), the permittee shall apply for a new or amended permit within 30 days after commencing the storage of that hazardous substance. § 25287.

(a) Except as provided in subdivision (c), a fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The governing body of the county, or a city which assumes enforcement jurisdiction, shall establish the amount of the fees at a level sufficient to pay the necessary and reasonable costs incurred by the local agency in administering this chapter, including, but not limited to, permitting and inspection responsibilities. The governing body may provide for the waiver of fees when a state or local government agency makes an application for a permit to operate or an application to renew a permit.

(b) This fee shall include a surcharge, the amount of which shall be determined by the Legislature annually to cover the costs of the board in carrying out its responsibilities under this chapter and the costs of the local agency in collecting the surcharges. The local agency may retain 6 percent of any surcharge collected for costs incurred in its collection. The 6 percent of the surcharge retained by the local agency is the local agency’s sole source of reimbursement for the cost of collecting the surcharge. The local agency shall transmit all remaining surcharge revenue collected by the local agency to the board within 45 days after receipt pursuant to subdivision (a). The surcharge shall be deposited in the Underground Storage Tank Fund

hereby created in the General Fund. The money in this account is available, upon appropriation by the Legislature, to the board for the purposes of implementing this chapter.

(c) A local agency may waive the fee required by subdivision (a) for an underground storage tank which has a capacity of 5,000 gallons or less, which is located on a farm, and which contains motor vehicle or heating fuel used primarily for agricultural purposes, if the local agency finds that the fee will impose undue economic hardship upon the person applying for the permit. However, the local agency shall not waive the surcharge required under subdivision (b).

(d) A county of the fifth class, as defined in Section 28020 of the Government Code as a county with a population of 1,000,000 and under 1,070,000, and any city located within that county, is exempt from the requirements of collecting or transmitting to the board the surcharge required to be included in fees paid to a local agency pursuant to this section.

(e) This section does not apply in any jurisdiction in which a single fee system, which replaces the fee required by this section, has been implemented pursuant to Section 25404.5. § 25288.

(a) The local agency shall inspect every underground tank system within its jurisdiction at least once every year. The purpose of the inspection is to determine whether the tank system complies with the applicable requirements of this chapter and the regulations adopted by the board pursuant to Section 25299.3, including the design and construction standards of Section 25290.1, 25290.2, 25291, or 25292, whichever is applicable, whether the owner or operator has monitored and tested the tank system as required by the permit, and whether the tank system is in a safe operating condition.

(b) After an inspection conducted pursuant to subdivision (a), the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permitholder and the owner or operator, if the owner or operator is not the permitholder. Any report prepared pursuant to this section shall be consolidated into any other inspection reports required pursuant to Chapter 6.11 (commencing with Section 25404), the requirements listed in subdivision (c) of Section 25404, and the regulations adopted to implement the requirements listed in subdivision (c) of Section 25404.

(c) In lieu of the annual local agency inspections, the local agency may require the permitholder to employ a special inspector to conduct the annual inspection. The local agency shall supply the permitholder with a list of at least three special inspectors that are qualified to conduct the inspection. The permitholder shall employ a special inspector from the list provided by the local agency. The special inspector’s authority shall be the same as that of the local agency as set forth in subdivision (a).

(d) Within 60 days after receiving a compliance report or special inspection report prepared in accordance with subdivision (b) or (c), respectively, the permitholder shall file with the local agency a plan to implement all recommendations contained in the compliance report or shall demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. Any corrective action conducted pursuant to the recommendations in the report shall be taken pursuant to Sections 25296.10 and 25299.36. § 25289.

(a) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any duly authorized representative of the local agency, the regional board, or the board has the authority specified in Section 25185, with respect to any place where underground tank systems are located, or in which records relevant to operation of an underground tank system are kept, and in Section 25185.5, with respect to real property which is within 2,000 feet of any place where underground tank systems are located. The authority conferred by this subdivision includes the authority to conduct any monitoring or testing of an underground tank system.

(b) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any authorized representative of the local agency, the regional board, or the board may require the owner or operator of an underground storage tank to, upon request, submit any information relevant to the compliance with this chapter or the regulations, to conduct monitoring or testing, and to report the results of that monitoring or testing under penalty of perjury. The burden of the monitoring, testing, and reporting, including costs, shall bear a reasonable relationship to the need for the monitoring, testing, and reporting. § 25290.

(a) “Trade secrets,” as used in this chapter, includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

(b) The board or a local agency may disclose trade secrets received by the board or the local agency pursuant to this chapter to authorized representatives or other governmental agencies only in connection with the board’s or local agency’s responsibilities pursuant to this chapter. The board and the local agency shall establish procedures to ensure that these trade secrets are utilized only in connection with these responsibilities and are not otherwise disseminated without the consent of the person who provided the information to the board or the local agency.

(c) Any person providing information pursuant to Section 25286 shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.

(d) Where the local agency, by ordinance, provides an alternative to the listing of a substance which is a trade secret, the person storing that substance shall provide the identification of the material directly to the board pursuant to this section. § 25290.1.

(a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment.

(b) Notwithstanding Sections 25290.2 and 25291, every underground storage tank installed on or after July 1, 2004, shall meet the requirements of this section.

(c) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:

(1) Primary containment shall be constructed, operated, and maintained product tight and compatible with the stored product.

(2) Secondary containment shall be constructed, operated, and maintained product tight. The secondary containment shall also be constructed, operated, and maintained in a manner to prevent structural weakening as a result of contact with any hazardous substances released from the primary containment, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.

(3) Secondary containment shall be constructed, operated, and maintained to prevent any water intrusion into the system by precipitation, infiltration, or surface runoff.

(4) In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.

(5) In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater.

(d) The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the liquid- or vapor-phase of the hazardous substance stored in the primary containment into the secondary containment and capable of detecting water intrusion into the secondary containment.

(e) The interstitial space of the underground storage tank shall be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. The use of interstitial liquid level measurement methods satisfies the requirements of this subdivision.

(f) The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank.

(g) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

(h) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector.

(i) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed.

(j) Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight:

(1) Enhanced leak detection. (2) An inert gas pressure test that has been certified by a third party and approved by the

board. (3) A test method deemed equivalent to enhanced leak detection or an inert gas pressure

test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision is exempt from the requirements of Section 25292.5.

(k) Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground are “pipe” as the term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system. § 25290.1.

(a) (1) On the effective date of the act adding this section and for 179 days thereafter, a local agency shall only issue a notice to comply pursuant to this section to an owner or operator of an underground storage tank subject to Section 25290.1 that does not maintain the vacuum or pressure that is required by subdivision (e) of Section 25290.1, except as otherwise provided in this section.

(2) If the violation described in paragraph (1) occurs on or after the 180th day from the effective date of the act adding this chapter, the local agency may take any enforcement action authorized by this chapter.

(b) A local agency shall issue the notice to comply alleging a violation described in paragraph (1) of subdivision (a) by presenting a notice to comply to the owner or operator in writing, which meets all of the following requirements:

(1) The notice to comply shall be written in the course of conducting an inspection by an authorized representative of the local agency.

(2) A copy of the notice to comply shall be presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written.

(3) The notice to comply shall clearly state that a violation described in paragraph (1) of subdivision (a) was discovered, a means by which compliance may be achieved, and a time limit in which to comply, which shall not exceed 60 days. The local agency may provide a one-time extension of the time limit for compliance specified in the notice, not to exceed an additional 60 days, if the local agency determines that an extension is necessary to ensure compliance.

(4) The notice to comply shall contain a statement that the inspected facility may be subject to reinspection at any time.

(c) (1) On or before five working days after the date the violation described in paragraph (1) of subdivision (a) is corrected, the person cited in the notice to comply or an authorized representative of that person shall sign the notice to comply, shall certify that the violation has been corrected, and shall return the notice to the local agency.

(2) A false certification submitted pursuant to paragraph (1) that the violation is corrected is punishable as a misdemeanor.

(3) The effective date of the certification that the violation has been corrected shall be the date that the certification is postmarked.

(d) Notwithstanding subdivision (a), if a person fails to correct the violation within the prescribed period in the notice, the local agency may take any enforcement action authorized by this chapter.

(e) This section does not do any of the following: (1) Prevent the reinspection of a facility to ensure compliance. (2) Prevent a local agency, on a case-by-case basis, from requiring a person subject to a

notice to comply to submit reasonable and necessary documentation to support a claim of compliance by the person.

(3) Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.

(4) Prevent the local agency, state board, or regional board, from cooperating with, or participating in, a proceeding specified in paragraph (3).

(f) Notwithstanding subdivision (a), if the violation described in paragraph (1) of subdivision (a) is intentional or occurs as the result of gross negligence, the local agency may take any enforcement action authorized by this chapter. § 25290.1.2.

(a) The board and the State Air Resources Board, under the direction of the California Environmental Protection Agency, shall certify to the best of their knowledge, that the equipment that meets the requirements of Section 94011 of Title 17 of the California Code of Regulations for enhanced vapor recovery systems at gasoline dispensing facilities, as implemented by the State Air Resources Board, also meets the requirements of this chapter. The board and the State Air Resources Board shall make this certification collaboratively, using existing resources.

(b) The board and the State Air Resources Board, under the direction of the California Environmental Protection Agency, when making the certification specified in subdivision (a), shall consult with interested parties, including local implementing agencies, underground

storage tank system owners and operators, equipment manufacturers, underground storage tank system installers, and environmental organizations.

(c) The board and the State Air Resources Board shall post the certification and any supporting documentation on their Web sites.

(d) This section shall be implemented by the executive directors of the board and of the State Air Resources Board, or by their designees. § 25290.2.

(a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment.

(b) Notwithstanding Section 25291, every underground storage tank installed on or after July 1, 2003, and before July 1, 2004, shall meet the requirements of this section.

(c) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:

(1) Primary containment shall be product tight and compatible with stored product. (2) Secondary containment shall be product tight and constructed to prevent structural

weakening as a result of contact with any hazardous substances released from the primary containment, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.

(3) Secondary containment shall be constructed to prevent any water intrusion into the system by precipitation, infiltration, or surface runoff.

(4) In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.

(5) In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater.

(d) The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the hazardous substance stored in the primary containment into the secondary containment and capable of detecting water intrusion into the secondary containment.

(e) The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank.

(f) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

(g) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually.

(h) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed.

(i) Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight:

(1) Enhanced leak detection. (2) An inert gas pressure test that has been certified by a third party and approved by the

board.

(3) A test method deemed equivalent to enhanced leak detection or an inert gas pressure test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision is exempt from the requirements of Section 25292.5.

(j) Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground are “pipe” as the term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system. § 25291.

Every underground storage tank installed after January 1, 1984, shall meet all of the following requirements:

(a) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:

(1) Primary containment shall be product-tight and compatible with the substance stored. (2) Secondary containment shall be constructed to prevent structural weakening as a result

of contact with any released hazardous substances, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.

(3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.

(4) In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater.

(5) If the facility is open to rainfall, then the secondary containment shall be able to additionally accommodate the maximum volume of a 24-hour rainfall as determined by a 25-year storm history.

(6) Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. However, an underground storage tank with a primary container constructed with a double complete shell shall be deemed to have met the requirements for primary and secondary containment set forth in this section if all of the following criteria are met:

(A) The outer shell is constructed primarily of nonearthen materials, including, but not limited to, concrete, steel, and plastic, which provide structural support and a continuous leak detection system with alarm is located in the space between the shells.

(B) The system is capable of detecting the entry of hazardous substances from the inner container into the space.

(C) The system is capable of detecting water intrusion into the space from the outer shell. (7) Underground storage tanks for motor vehicle fuels installed before January 1, 1997,

may be designed and constructed in accordance with this paragraph in lieu of the requirements of paragraphs (1) to (6), inclusive, if all of the following conditions exist:

(A) The primary containment construction is of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic.

(B) Any alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the underground storage tank to a monitoring well to detect any release of motor vehicle fuels.

(C) The system is designed to provide early leak detection and response, and to protect the groundwater from releases.

(D) The monitoring is in accordance with the alternative method identified in paragraph (4) of subdivision (b) of Section 25292. This subparagraph does not apply to tanks designed, constructed, and monitored in accordance with paragraph (6).

(E) Pressurized piping systems connected to tanks used for the storage of motor vehicle fuels and monitored in accordance with paragraph (4) of subdivision (b) of Section 25292 also meet the conditions of this subdivision if the tank meets the conditions of subparagraphs (A) to (D), inclusive. However, any pipe connected to an underground storage tank installed after July 1, 1987, shall be equipped with secondary containment that complies with paragraphs (1) to (6), inclusive.

(b) The underground tank system shall be designed and constructed with a monitoring system capable of detecting the entry of the hazardous substance stored in the primary containment into the secondary containment.

(c) The underground storage tank shall be provided with equipment to prevent spills and overflows from the primary tank.

(d) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment to avoid potential intermixing.

(e) If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of monitoring for water intrusion and for removing the water by the owner or operator. This removal system shall also prevent uncontrolled removal of this water and provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.

(f) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually.

(g) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing for requirements for underground storage systems specified in Section 2-7 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association, (NFPA 30) as amended and published in the respective edition of the Uniform Fire Code, shall be followed.

(h) Before the underground storage tank is placed in service, the underground tank system shall be tested in operating condition using a tank integrity test.

(i) If the underground storage tank is designed to maintain a water level in the secondary containment, the tank shall be equipped with a safe method of removing any excess water to a holding facility and the owner or operator shall inspect the holding facility monthly for the presence of excess water overflow. If excess water is present in the holding facility, the permitholder shall provide a means to analyze the water for hazardous substance contamination and a means to dispose of the water, if so contaminated, at an authorized disposal facility. § 25292.

For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances, the following actions shall be taken:

(a) On or before July 1, 1985, the owner or operator shall outfit the underground tank system with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the tank system, and thereafter, the owner or operator shall monitor each tank system, based on materials stored and the type of monitoring installed.

(b) Provide a means for visual inspection of the tank system, wherever practical, for the purpose of the monitoring required by subdivision (a). Alternative methods of monitoring the tank system on a monthly, or more frequent basis, may be required by the local agency, consistent with the regulations of the board.

The alternative monitoring methods include, but are not limited to, the following methods: (1) Tank integrity testing for proving the integrity of an underground tank system at time

intervals specified by the board. (2) A groundwater monitoring well or wells that are downgradient and adjacent to the

underground tank system, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well.

(3) A continuous leak detection and alarm system that is located in monitoring wells adjacent to an underground tank system and which is approved by the local agency.

(4) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the owner or operator, if all of the following requirements are met:

(A) Inventory records are kept on file for one year and are reviewed quarterly. (B) The tank system is tested, using the tank integrity test at time intervals specified by the

board and whenever there is a shortage greater than the amount which the board shall specify by regulation.

(C) If a pressurized pump system is connected to the tank system, the system has a leak detection device to monitor for leaks in the piping. The leak detection device shall be installed in a manner designed to resist unauthorized tampering and to clearly show by visual inspection if tampering has occurred. The leak detection device shall be tested annually, at a minimum, and all devices found to be not performing in conformance with the manufacturer’s leak detection specifications shall be promptly repaired or replaced.

(5) For monitoring underground tank systems that are located on farms and that store motor vehicle or heating fuels used primarily for agricultural purposes, alternative monitoring methods include the following:

(A) If the tank has a capacity of greater than 1,100 gallons but of 5,000 gallons or less, the tank shall be tested using the tank integrity test, at least once every three years, and the owner or operator shall utilize tank gauging on a monthly or more frequent basis, as required by the local agency, subject to the specifications provided in paragraph (7) of subdivision (c) of Section 2641 of Title 23 of the California Code of Regulations, as that section read on August 13, 1985.

(B) If the tank has a capacity of more than 5,000 gallons, the tank shall be monitored pursuant to the methods for all other tanks specified in this subdivision.

(c) The board shall develop regulations specifying monitoring alternatives. The local agency, or any other public agency specified by the local agency, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to these regulations.

(d) On or before December 22, 1998, the underground storage tank shall be replaced or upgraded to prevent releases due to corrosion or spills or overfills for the underground storage tank’s operating life.

(e) (1) All existing underground pressurized piping shall be equipped with an automatic line leak detector on or before December 22, 1990, and shall be retrofitted with secondary containment on or before December 22, 1998. Underground pressurized piping shall be tightness tested annually.

(2) Paragraph (1) does not apply to existing pressurized piping containing motor vehicle fuel, if the pipeline is constructed of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, is equipped with an automatic line leak detector, and is tightness tested annually. § 25292.05.

(a) On or before December 31, 2025, the owner or operator of an underground storage tank shall permanently close that underground storage tank in accordance with Section 25298 and the regulations adopted pursuant to that section, if the underground storage tank meets either of the following conditions:

(1) The underground storage tank is designed and constructed in accordance with paragraph (7) of subdivision (a) of Section 25291 and does not meet the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) of Section 25291.

(2) The underground storage tank was installed on or before January 1, 1984, and does not meet the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) of Section 25291.

(b) Notwithstanding subdivision (a), the board may adopt regulations to require the owner or operator of an underground storage tank to permanently close that underground storage tank before December 31, 2025, in accordance with Section 25298 and the regulations adopted pursuant to that section, if the underground storage tank meets the conditions specified in either paragraph (1) or (2) of subdivision (a) and the underground storage tank poses a high threat to water quality or public health. The board shall consult with stakeholders before adopting regulations pursuant to this subdivision. § 25292.1.

All underground tank systems shall meet the following operational requirements: (a) The underground tank system shall be operated to prevent unauthorized releases,

including spills and overfills, during the operating life of the tank, including during gauging, sampling, and testing for the integrity of the tank.

(b) Where equipped with cathodic protection, the underground tank system shall be operated by a person with sufficient training and experience in preventing corrosion.

(c) The underground tank system shall be structurally sound at the time of upgrade or repair. § 25292.2.

(a) All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from the underground tank system, in accordance with regulations adopted by the board pursuant to Section 25299.3. The regulations shall include a schedule that requires that financial responsibility requirements are phased-in for all underground storage tank systems on or before October 26, 1990.

(b) If the owner and the operator are separate persons, either the owner or the operator shall demonstrate compliance with subdivision (a).

(c) An owner may comply with this article by entering into an agreement with the operator of the tank requiring the operator to demonstrate compliance with subdivision (a). However, both the owner and the operator are in violation of subdivision (a) if evidence of financial responsibility is not established and maintained in accordance with this article. § 25292.3.

(a) Upon the discovery of a significant violation of any requirement in this chapter that poses an imminent threat to human health or safety or the environment or of any regulation adopted pursuant to this chapter, the local agency may affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system in order to provide notice that delivery of petroleum into the system is prohibited.

(b) Upon the discovery of a significant violation of any requirement in this chapter or of any regulation adopted pursuant to this chapter, the local agency may issue a notice of significant violation to the owner or operator. The owner or operator who receives a notice of significant violation shall, within seven days from receipt of the notice, correct the violation to the satisfaction of the local agency. If the owner or operator does not correct the violation within seven days, the local agency may affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system to provide notice that delivery of petroleum into the system is prohibited.

(c) No owner or operator of a facility may deposit or allow the deposit of petroleum into an underground storage tank system that has a red tag affixed to the system’s fill pipe.

(d) No person may deposit petroleum into an underground storage tank system that has a red tag affixed to its fill pipe.

(e) No person shall remove, deface, alter, or otherwise tamper with a red tag so that the information contained on the tag is not legible.

(f) Upon notification by the owner or operator that the violation has been corrected, the local agency shall inspect the underground storage tank system within five days to determine whether the system continues to be in significant violation. If the local agency determines that the system is no longer in significant violation, the local agency shall immediately remove the red tag.

(g) The board shall adopt regulations to define significant violations for purposes of this section. § 25292.4.

(a) On and after November 1, 2000, an owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, shall implement a program of enhanced leak detection or monitoring, in accordance with the regulations adopted by the board pursuant to subdivision (c).

(b) The board shall notify the owner and operator of each underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, of the owner’s and operator’s responsibilities pursuant to this section. The board shall provide each local agency with a list of tank systems within the local agency’s jurisdiction that are located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database.

(c) The board shall adopt regulations to implement the enhanced leak detection and monitoring program required by subdivision (a). Before adopting these regulations, the board shall consult with the petroleum industry, local governments, environmental groups, and other interested parties to assess the appropriate technology and procedures to implement the enhanced leak detection and monitoring program required by subdivision (a). In adopting these regulations, the board shall consider existing leak detection technology and external monitoring techniques or procedures for underground storage tanks.

(d) If the results of the enhanced leak detection test indicate that any component of the underground storage tank system is leaking liquid or vapor, the owner or operator shall take appropriate actions to correct the leakage, and the owner or operator shall retest the system using enhanced leak detection until the system is no longer leaking liquid or vapor. § 25292.5.

(a) On or before January 1, 2005, the owner or operator of an underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, and that is not otherwise subject to subdivision (j) of Section 25290.1, subdivision (i) of Section 25290.2, or Section 25292.4, shall test the system once using an enhanced leak detection test. The enhanced leak detection test shall meet the requirements of subsection (e) of Section 2640 of, and Section 2644.1 of, Title 23 of the California Code of Regulations, as those regulations read on January 1, 2003, except that the requirement in those regulations to repeat the test every 36 months shall not apply.

(b) On or before June 1, 2003, the board shall notify the owner and operator of each underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, of the owner’s and operators’ responsibilities pursuant to this section. The board shall provide each local agency with a list of

tank systems within the local agency’s jurisdiction that are within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database.

(c) Notwithstanding subdivision (a), if the results of the enhanced leak detection test indicate that any component of the underground storage tank system is leaking liquid or vapor, the owner or operator shall take appropriate actions to correct the leakage, and the owner or operator shall retest the system using enhanced leak detection until the system is no longer leaking liquid or vapor. § 25293.

The owner or operator of the underground tank system shall monitor the tank system using the method specified on the permit for the tank system. Records of monitoring, testing, repairing, and closure shall be kept in sufficient detail to enable the local agency to determine whether the underground tank system is in compliance with the applicable provisions of this chapter, the regulations adopted by the board pursuant to Section 25299.3, and the permit issued for the operation of the tank system. § 25294.

Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should reasonably have been detected, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator’s monitoring reports. § 25295.

(a) (1) An unauthorized release that escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes deterioration of the secondary containment of the underground tank system shall be reported by the owner or operator to the local agency within 24 hours after the release has been detected or should have been detected. The owner or operator of the underground tank system shall transmit the information specified in this paragraph regarding the unauthorized release to the local agency no later than five working days after the date of the occurrence of the unauthorized release. The information shall be submitted to the local agency on a written form or using an electronic format developed by the board and approved by the Secretary for Environmental Protection as consistent with the standardized electronic format and protocol requirements of Sections 71060 to 71065, inclusive, of the Public Resources Code. Either reporting method shall include all of the following:

(A) A description of the nature and volume of the unauthorized release. (B) The corrective or remedial actions undertaken. (C) Any further corrective or remedial actions, including investigative actions, that will be

needed to clean up the unauthorized release and abate the effects of the unauthorized release. (D) A time schedule for implementing the actions specified in subparagraph (C). (E) The source and cause of the unauthorized release. (F) The underground storage tank system’s record of compliance with this chapter, including

data on equipment failures. (G) Any other information the board deems necessary to implement or comply with this

chapter, Chapter 6.75 (commencing with Section 25299.10), or the federal act. (2) The local agency shall review the permit whenever there has been an unauthorized

release or when it determines that the underground tank system is unsafe. In determining whether to modify or terminate the permit, the local agency shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential

unauthorized releases, and the suitability of any other long-term preventive measures that would meet the requirements of this chapter.

(b) (1) Each regional board and local agency shall submit a report to the board for all unauthorized releases, indicating for each unauthorized release the responsible party, the site name, the hazardous substance, the quantity of the unauthorized release if known, the actions taken to abate the problem, the source and cause of the unauthorized release, the underground storage tank system’s record of compliance with this chapter, data on equipment failures, and any other information that the board deems necessary to implement this chapter, Chapter 6.75 (commencing with Section 25299.10), or the federal act.

(2) The information required by this subdivision shall be submitted to the board and updated using the board’s Internet-accessible database that accepts data pursuant to Section 13196 of the Water Code.

(3) On and before December 1, 2012, and not less than annually thereafter, the board shall post and update on its Internet Web site, the information concerning unauthorized releases in the reports submitted pursuant to this subdivision.

(4) The board may adopt regulations pursuant to Section 25299.3 that specify reporting requirements for the implementation of this section, including, but not limited to, requirements for the electronic submission of the information required in a report submitted pursuant to this subdivision. If the board adopts these regulations, the board shall adopt the regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary to avoid serious harm to the public peace, health, safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations adopted pursuant to this subdivision shall be filed with, but shall not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the board.

(c) The reporting requirements imposed by this section are in addition to any requirements that may be imposed by Sections 13271 and 13272 of the Water Code. § 25295.5.

(a) For purposes of this chapter, an unauthorized release includes, but is not limited to, a spill or overfill of a hazardous substance that meets both of the following conditions:

(1) The spill or overfill occurs while the hazardous substance is being placed in an underground storage tank.

(2) The spill or overfill is due to the use of improper equipment, faulty equipment, operator error, or inattention or overfilling.

(b) A person who causes an unauthorized release of a hazardous substance specified in subdivision (a) shall immediately notify the owner or operator of the underground storage tank that a spill has occurred and the owner or operator shall comply with the requirements of Sections 25294 or 25295, whichever is applicable.

(c) A spill or overfill shall not qualify for funds provided pursuant to Section 25299.51. § 25296.

(a) If there has been any unauthorized release, as defined in Section 25294 or subdivision (a) of Section 25295, from an underground storage tank containing motor vehicle fuel not under pressure, the permitholder may repair the tank once by an interior-coating process if the tank meets all of the following requirements:

(1) One of the following tests has been conducted to determine the thickness of the storage tank:

(A) An ultrasonic test. (B) Certification by a special inspector that the shell will provide structural support for the

interior lining. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the following procedures and criteria:

(i) If the tank is made of fiberglass, the tank is cleaned so that no residue remains on the tank wall surface. The special inspector shall take interior diameter measurements and, if the cross-section has compressed more than 1 percent of the original diameter, the tank shall not be certified and shall also not be returned to service. The special inspector shall also conduct an interior inspection to identify any area where compression or tension cracking is occurring and shall determine whether additional glass fiber reinforcing is required for certification before the tank may be lined.

(ii) If the tank is made of steel, the tank interior surface shall be abrasive blasted completely free of scale, rust, and foreign matter, as specified in the American Petroleum Institute’s recommended practice 16-31, relating to white metal blasting. The special inspection shall sound any perforations or areas showing corrosion pitting with a brass ballpeen hammer to enlarge the perforation or break through a potentially thin steel area. Tanks that have any of the following defects shall not be certified or returned to service:

(I) A tank which has an open seam or a split longer than three inches. (II) A tank which has a perforation larger than one and one-half inches in diameter, or a

gauging opening larger than two and one-half inches in diameter. (III) A tank with five or more perforations. (IV) A tank with 20 or more perforations in a 500 square foot area. (V) A tank with a perforation larger than one-half inch. (C) A test approved by the board as comparable to the tests specified in subparagraph (A)

or (B). If the person conducting the test determines that the test results indicate that the tank has a

serious corrosion problem, the local agency may require additional corrosion protection for the tank or may prohibit the permitholder from making the repair.

(2) The material used to repair the tank by an interior-coating process is compatible with the motor vehicle fuel that is stored, as approved by the board by regulation.

(3) The material used to repair the tank by an interior-coating process is applied in accordance with nationally recognized engineering practices such as the American Petroleum Institute’s recommended practice No. 1631 for the interior lining of existing underground storage tanks.

(4) Before the tank is placed back into service following the repair, the tank is tested in the operating condition using the tank integrity test.

(b) The board may adopt regulations, in consultation with the State Fire Marshal, for the repair of underground storage tanks, which may include, but are not limited to, a requirement that a test be conducted to determine whether the interior-coating process has bonded to the wall of the tank. The standards specified in subdivision (a) shall remain in effect until the adoption of these regulations.

(c) The board shall, by regulation, require that monitoring systems be installed when a repair is made pursuant to this section. For purposes of this subdivision, “monitoring system” means a continuous leak detection and alarm system which is located in monitoring wells adjacent to an underground storage tank and which is approved by the board.

(d) If there has not been an unauthorized release, as defined in subdivision (a) of Section 25295, from an underground storage tank containing motor vehicle fuel not under pressure, the permitholder may line the interior of the tank as a preventative measure. If an

unauthorized release occurs from a tank which was lined as a preventative measure, the permitholder shall not reline the tank again. § 25296.09.

(a) (1) If the board enters into an agreement with a local agency and the Santa Clara Valley Water District pursuant to subdivision (j) of Section 25297.1, the Santa Clara Valley Water District shall have the same authority and responsibility as a local agency for purposes of Sections 25296.10 to 25297.2, inclusive, and for purposes of Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57.

(2) Paragraph (1) shall remain operative only until June 30, 2005. (3) The inoperation of paragraph (1) does not affect the validity of any action taken by the

Santa Clara Valley Water District before June 30, 2005, and does not provide a defense for an owner, operator, or other responsible party who fails to comply with that action.

(4) Nothing in this section implies that the Santa Clara Valley Water District has CUPA authority other than authority for the local oversight program in accordance with paragraph (1).

(b) (1) The Legislature hereby finds and declares that, beginning in 1988, and continuing each year since that date, the Santa Clara Valley Water District has had a role in implementing the requirements of the provisions listed in subdivision (a).

(2) The Legislature hereby finds and declares that the funding provided by the state to the Santa Clara Valley Water District for the work described in paragraph (1) is hereby ratified.

(c) (1) Any action taken by the Santa Clara Valley Water District that a local agency is otherwise authorized to take pursuant to Sections 25296.10 to 25297.2, inclusive, and Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57, and that was taken by the Santa Clara Valley Water District on and after January 1, 1988, and continuing on and before January 1, 2005, or until the effective date of an agreement entered into pursuant to subdivision (j) of Section 25297.1, whichever date occurs first, is hereby ratified as having been taken pursuant to this chapter and Chapter 6.75 (commencing with Section 25299.10). However, this ratification applies only to an action that would be valid only if an agreement pursuant to subdivision (j) of Section 25297.1 had been in effect at the time of the action and that otherwise complies with applicable law.

(2) This subdivision does not apply to any action taken by the Santa Clara Valley Water District that is the subject of a civil action pending on June 12, 2003. § 25296.10.

(a) Each owner, operator, or other responsible party shall take corrective action in response to an unauthorized release in compliance with this chapter and the regulations adopted pursuant to Section 25299.3. In adopting corrective action regulations, the board shall develop corrective action requirements for health hazards and protection of the environment, based on the severity of the health hazards and the other factors listed in subdivision (b). The corrective action regulations adopted by the board pursuant to Section 25299.77 to implement Section 25299.37, as that section read on January 1, 2002, that were in effect before January 1, 2003, shall continue in effect on and after January 1, 2003, until revised by the board to implement this section and shall be deemed to have been adopted pursuant to Section 25299.3.

(b) Any corrective action conducted pursuant to this chapter shall ensure protection of human health, safety, and the environment. The corrective action shall be consistent with any applicable waste discharge requirements or other order issued pursuant to Division 7 (commencing with Section 13000) of the Water Code, all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code, and all applicable water quality control plans adopted pursuant to

Section 13170 of the Water Code and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code.

(c) (1) When a local agency, the board, or a regional board requires an owner, operator, or other responsible party to undertake corrective action, including preliminary site assessment and investigation, pursuant to an oral or written order, directive, notification, or approval issued pursuant to this section, or pursuant to a cleanup and abatement order or other oral or written directive issued pursuant to Division 7 (commencing with Section 13000) of the Water Code, the owner, operator, or other responsible party shall prepare a work plan that details the corrective action the owner, operator, or other responsible party shall take to comply with the requirements of subdivisions (a) and (b) and the corrective action regulations adopted pursuant to Section 25299.3.

(2) The work plan required by paragraph (1) shall be prepared in accordance with the regulations adopted pursuant to Section 25299.3. The work plan shall include a schedule and timeline for corrective action.

(3) At the request of the owner, operator, or other responsible party, the local agency, the board, or the regional board shall review a work plan prepared pursuant to paragraph (1) and either accept the work plan, if it meets the requirements of the section, or disapprove the work plan if it does not meet those requirements. If the local agency, board, or the regional board accepts the work plan, it shall indicate to the owner, operator, or other responsible party, the actions or other elements of the work plan that are, in all likelihood, adequate and necessary to meet the requirements of this section, and the actions and elements that may be unnecessary. If the local agency, board, or regional board disapproves the work plan, it shall state the reasons for the disapproval.

(4) In the interests of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin implementation of the proposed action after the work plan has been submitted but before the work plan has received regulatory agency acceptance, except that implementation of the work plan may not begin until 60 calendar days from the date of submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. However, before beginning implementation pursuant to this paragraph, the responsible party shall notify the regulatory agency of the intent to initiate proposed actions set forth in the submitted work plan.

(5) The owner, operator, or other responsible party shall conduct corrective actions in accordance with the work plan approved pursuant to this section.

(6) When the local agency, the board, or the regional board requires a responsible party to conduct corrective action pursuant to this section, it shall inform the responsible party of its right to request the designation of an administering agency to oversee the site investigation and remedial action at its site pursuant to Section 25262 and, if requested to do so by the responsible party, the local agency shall provide assistance to the responsible party in preparing and processing a request for that designation.

(d) (1) This subdivision applies only to an unauthorized release from a petroleum underground storage tank that is subject to Chapter 6.75 (commencing with Section 25299.10).

(2) Notwithstanding Section 25297.1, the board shall implement a procedure that does not assess an owner, operator, or responsible party taking corrective action pursuant to this chapter for the costs of a local oversight program pursuant to paragraph (4) of subdivision (d) of Section 25297.1. The board shall institute an internal procedure for assessing, reviewing, and paying those costs directly between the board and the local agency.

(e) A person to whom an order is issued pursuant to subdivision (c), shall have the same rights of administrative and judicial appeal and review as are provided by law for cleanup and abatement orders issued pursuant to Section 13304 of the Water Code.

(f) (1) If a person to whom an order is issued pursuant to subdivision (c) does not comply with the order, the board, a regional board, or the local agency may undertake or contract for corrective action.

(2) The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party as necessary to perform corrective action pursuant to this subdivision. The access shall be obtained with the consent of the owner or possessor of the property or, if the consent is withheld, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, if there is an emergency affecting public health or safety, or the environment, the board, a regional board, or local agency may enter the property without consent or the issuance of a warrant.

(3) The board, a regional board, or local agency may recover its costs incurred under this subdivision pursuant to Section 13304 of the Water Code. If the unauthorized release is from an underground storage tank that is subject to Chapter 6.75 (commencing with Section 25299.10), the board, a regional board, or local agency may also recover its costs pursuant to Section 25299.70.

(g) The following uniform closure letter shall be issued to the owner, operator, or other responsible party taking corrective action at an underground storage tank site by the local agency or the regional board with jurisdiction over the site, or the board, upon a finding that the underground storage tank site is in compliance with the requirements of subdivisions (a) and (b) and with any corrective action regulations adopted pursuant to Section 25299.3 and that no further corrective action is required at the site:

“[Case File Number] Dear [Responsible Party] This letter confirms the completion of a site investigation and corrective action for the underground storage tank(s) formerly located at the above-described location. Thank you for your cooperation throughout this investigation. Your willingness and promptness in responding to our inquiries concerning the former underground storage tank(s) are greatly appreciated. Based on information in the above-referenced file and with the provision that the information provided to this agency was accurate and representative of site conditions, this agency finds that the site investigation and corrective action carried out at your underground storage tank(s) site is in compliance with the requirements of subdivisions (a) and (b) of Section 25296.10 of the Health and Safety Code and with corrective action regulations adopted pursuant to Section 25299.3 of the Health and Safety Code and that no further action related to the petroleum release(s) at the site is required. This notice is issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code. Please contact our office if you have any questions regarding this matter. Sincerely, [Name of Board Executive Director, Regional Board Executive Officer, or Local Agency Director]”

(h) Any order, directive, notification, or approval issued under Section 25299.37 as that

section read on January 1, 2002, that was issued on or before January 1, 2003, shall be deemed to have been issued pursuant to this section.

(i) On or after January 1, 2012, uniform closure letters issued pursuant to subdivision (g) shall include language notifying the owner, operator, or other responsible party of the 365-day claim filing deadline specified in paragraph (1) of subdivision (l) of Section 25299.57.

§ 25296.15. (a) No closure letter shall be issued pursuant to this chapter unless all of the following

conditions are met: (1) The soil or groundwater, or both, where applicable, at the site have been tested for

MTBE. (2) The results of that testing are known to the regional board. (3) The board, the regional board, or the local agency makes the finding specified in

subdivision (g) of Section 25296.10. (b) Paragraphs (1) and (2) of subdivision (a) do not apply to a closure letter for a tank case

for which the board, a regional board, or local agency determines that the tank has only contained diesel or jet fuel. § 25296.20.

(a) The local agency, the board, or a regional board shall not consider corrective action or site closure proposals from the primary or active responsible party, issue a closure letter, or make a determination that no further corrective action is required with respect to a site upon which there was an unauthorized release from an underground storage tank unless all current record owners of fee title to the site of the proposed action have been notified of the proposed action by the local agency, board, or regional board.

(b) The local agency, board, or regional board shall take all reasonable steps necessary to accommodate responsible landowner participation in the cleanup or site closure process and shall consider all input and recommendations from any responsible landowner wishing to participate. § 25296.25.

(a) (1) Unless the board, in consultation with local agencies and the regional board, determines that a site is an emergency site, the board, at the request of a responsible party who is eligible for reimbursement of corrective action costs under Chapter 6.75 (commencing with Section 25299.10), may suspend additional corrective action or investigation work at a site, based on a preliminary site assessment conducted in accordance with the corrective action regulations adopted by the board, but the board shall not suspend any of the following activities pursuant to this section:

(A) Removal of, or approved modifications of, existing tanks. (B) Excavation of petroleum saturated soil or removal of excess petroleum from saturated

soil. (C) Removal of free product from the saturated and unsaturated zones. (D) Periodic monitoring to ensure that released petroleum is not migrating in an

uncontrolled manner that will cause the site to become an emergency site. (2) For purposes of this subdivision, “emergency site” means a site that, because of an

unauthorized release of petroleum, meets one of the following conditions: (A) The site presents an imminent threat to public health or safety or the environment. (B) The site poses a substantial probability of causing a condition of contamination or

nuisance, as defined in Section 13050 of the Water Code, or of causing pollution of a source of drinking water at a level that is a violation of a primary or secondary drinking water standard adopted by the State Department of Health Services pursuant to Chapter 4 (commencing with Section 116270) of Part 12 of Division 104.

(b) The suspension shall continue until one of the following occurs: (1) The board provides the eligible responsible party with a letter of commitment pursuant to

Chapter 6.75 (commencing with Section 25299.10) that the party will receive reimbursement for the corrective action.

(2) The responsible party requests in writing that the suspension be terminated and that the work continue.

(3) The fund established pursuant to Article 6 (commencing with Section 25299.50) of Chapter 6.75 is no longer in existence.

(c) The board shall adopt regulations pursuant to Section 25299.3 that specify the conditions under which a site is an imminent threat to public health or safety or to the environment or poses a substantial probability of causing a condition of contamination, nuisance, or pollution as specified in paragraph (2) of subdivision (a). The board shall not suspend corrective action or investigation work at any site pursuant to this section until the effective date of the regulations adopted by the board pursuant to this subdivision. § 25296.30.

(a) The board, in consultation with the State Department of Health Services, shall develop guidelines for the investigation and cleanup of methyl tertiary-butyl ether (MTBE) and other ether-based oxygenates in groundwater. The guidelines shall include procedures for determining, to the extent practicable, whether the contamination associated with an unauthorized release of MTBE is from the tank system prior to the system’s most recent upgrade or replacement or if the contamination is from an unauthorized release from the current tank system.

(b) The board, in consultation with the State Department of Health Services, shall develop appropriate cleanup standards for contamination associated with a release of methyl tertiary-butyl ether. § 25296.35.

(a) The board shall develop, implement, and maintain a system for storing and retrieving data from cases involving discharges of petroleum from underground storage tanks to allow regulatory agencies and the general public to use historic data in making decisions regarding permitting, land use, and other matters. The system shall be accessible to government agencies and the general public and shall include the reports submitted to the board by regional boards or local agencies pursuant to Section 25295. A site included in the data system shall be clearly designated as having no residual contamination if, at the time a closure letter is issued for the site pursuant to Section 25296.10 or at any time after that closure letter is issued, the board determines that no residual contamination remains on the site.

(b) For purposes of this section, “residual contamination” means the petroleum that remains on a site after a corrective action has been carried out and the cleanup levels established by the corrective action plan for the site, pursuant to subdivision (g) of Section 2725 of Title 23 of the California Code of Regulations, have been achieved. § 25296.40.

(a) (1) Any owner or operator, or other responsible party who has an underground storage tank case and who believes that the corrective action plan for the site has been satisfactorily implemented, but where closure has not been granted, may petition the board for a review of the case.

(2) Upon receipt of a petition pursuant to paragraph (1), the board may close any underground storage tank case or require closure of any underground storage tank case where an unauthorized release has occurred, if the board determines that corrective action at the site is in compliance with all of the requirements of subdivisions (a) and (b) of Section 25296.10 and the corrective action regulations adopted pursuant to Section 25299.3. Before closing or requiring closure of an underground storage tank case, the board shall provide an opportunity for reviewing and providing responses to the petition to the applicable regional board and local agency, and to the water replenishment district, municipal water district, county water district, or

special act district with groundwater management authority if the underground storage tank case is located in the jurisdiction of that district.

(b) An aggrieved person may, not later than 30 days from the date of final action by the board, pursuant to subdivision (a), file with the superior court a petition for writ of mandate for review of the decision. If the aggrieved person does not file a petition for writ of mandate within the time provided by this subdivision, a board decision shall not be subject to review by any court. Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this subdivision. For purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the decision if the decision is based upon substantial evidence in light of the whole record.

(c) The authority provided under this section does not limit a person’s ability to petition the board for review under any other state law. § 25297.

The local agency may request the following agencies to utilize that agency’s authority to remedy the effects of, and remove, any hazardous substance which has been released from an underground storage tank:

(a) The department which may take action pursuant to Chapter 6.8 (commencing with Section 25300) and, for this purpose, any unauthorized release shall be deemed a release as defined in Section 25320.

(b) A regional water quality control board may take action pursuant to Division 7 (commencing with Section 13000) of the Water Code and, for this purpose, the discharged hazardous substance shall be deemed a waste as defined in subdivision (d) of Section 13050. § 25297.01.

(a) In addition to the authority granted to the board pursuant to Division 7 (commencing with Section 13000) of the Water Code and to the department pursuant to Chapter 6.8 (commencing with Section 25300), the board, in cooperation with the department, shall develop and implement a local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks by a local agency certified pursuant to this section.

(b) On and after July 1, 2013, only a city or county certified pursuant to subdivision (c) may implement a local oversight program. The board may enter into an agreement pursuant to Section 25297.1 with a certified city or county to implement the oversight program.

(c) The board may certify a city or county if the board determines that the city or county is qualified to oversee or perform the abatement of unauthorized releases of hazardous substances from underground storage tanks. The board shall consider, as criteria for determining whether a city or county is qualified, at a minimum, all of the following factors:

(1) Adequacy of the technical expertise possessed by the city or county. (2) Adequacy of staff resources. (3) Adequacy of budget resources and funding mechanisms. (4) Training requirements. (5) Past performance in implementing and enforcing corrective action requirements. (6) Recordkeeping and accounting systems. (d) The board shall adopt procedures and criteria for certifying and withdrawing certification

from cities and counties pursuant to this section. The adoption of these procedures and criteria shall not be considered as regulations subject to, and shall be exempt from, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) If the board does not, by July 1, 2013, certify a city or county that has been implementing a local oversight program pursuant to an agreement entered into with the board on or before January 1, 2013, the board shall assign the cases from that city or county to the appropriate

regional board or to a city or county that is certified by the board. An order or directive issued by that uncertified city or county on or before July 1, 2013, shall remain in effect and may be enforced by the regional board or certified city or county that receives the case.

(f) The board shall review, at least once every three years, the ability of the certified city or county to carry out the local oversight program. When conducting this review, the board shall consider the certification criteria contained in paragraphs (1) to (6), inclusive, of subdivision (c) and the criteria adopted pursuant to subdivision (d). The board may, after conducting the review, withdraw the certification of the city or county. Upon making this withdrawal, the cases of the former certified city or county shall be transferred from the city or county and the orders and directives issued by the former certified city or county shall remain effective and enforceable in accordance with subdivision (e). The board shall not make the effective date for the withdrawal of a certification before the expiration date of the local oversight program agreement entered into between the board and the certified city or county pursuant to Section 25297.1, unless the certified city or county fails to comply with the agreement. § 25297.1.

(a) (1) For purposes of implementing, pursuant to Section 25297.01, the local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks, the board may enter into in an agreement specified in subdivision (b) with the local agency.

(2) A city or county that the board selected pursuant to this section, as it read on January 1, 2012, which entered into an agreement with the board before July 1, 2013, may apply to the board for certification pursuant to Section 25297.01. The city or county may continue to implement the oversight program until July 1, 2013, and after that date the city or county shall either be certified or be subject to subdivision (e) of Section 25297.01.

(3) On and after June 30, 2013, the board may enter into an agreement pursuant to this section only with a city or county certified pursuant to Section 25297.01.

(b) In implementing the local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks, the board may select a local agency to enter into an agreement with the board. When selecting a local agency, the board shall, from among those local agencies that apply to the board, give first priority to those local agencies that have demonstrated prior experience in cleanup, abatement, or other actions necessary to remedy the effects of unauthorized releases of hazardous substances from underground storage tanks. The board shall enter into an agreement with only those local agencies that have implemented this chapter and that, except as provided in Section 25404.5, have begun to collect and transmit to the board the surcharge or fees pursuant to subdivision (b) of Section 25287. The agreement shall provide for the local agency to perform, or cause to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of hazardous substances from an underground storage tank with respect to which the local agency has enforcement authority pursuant to this section. The board may not enter into an agreement with a local agency for soil contamination cleanup or for groundwater contamination cleanup unless the board determines that the local agency has a demonstrated capability to oversee or perform the cleanup. The implementation of the cleanup, abatement, or other action shall be consistent with procedures adopted by the board pursuant to subdivision (d) and shall be based upon cleanup standards specified by the board or regional board.

(c) The board shall provide funding to a local agency that enters into an agreement pursuant to subdivision (b) for the reasonable costs incurred by the local agency in overseeing any cleanup, abatement, or other action taken by a responsible party to remedy the effects of unauthorized releases from underground storage tanks.

(d) The board shall adopt administrative and technical procedures, as part of the state policy for water quality control adopted pursuant to Section 13140 of the Water Code, for cleanup and abatement actions taken by a local agency with which the board has entered into an agreement pursuant to this section. The procedures shall include, but not be limited to, all of the following:

(1) Guidelines as to which sites may be assigned to the local agency. (2) The content of the agreements. (3) Procedures by which a responsible party may petition the board or a regional board for

review, pursuant to Article 2 (commencing with Section 13320) of Chapter 5 of Division 7 of the Water Code, or pursuant to Chapter 9.2 (commencing with Section 2250) of Division 3 of Title 23 of the California Code of Regulations, or any successor regulation, as applicable, of actions or decisions of the local agency in implementing the cleanup, abatement, or other action.

(4) Protocols for assessing and recovering money from responsible parties for any reasonable and necessary costs incurred by the local agency in implementing this section, as specified in subdivision (i), unless the cleanup or abatement action is subject to subdivision (d) of Section 25296.10.

(5) Quantifiable measures to evaluate the outcome of a pilot program established pursuant to this section.

(e) Any agreement between the regional board and a local agency to carry out a local oversight program pursuant to this section shall require both of the following:

(1) The local agency shall establish and maintain accurate accounting records of all costs it incurs pursuant to this section and shall periodically make these records available to the board. The Controller may annually audit these records to verify the hourly oversight costs charged by a local agency. The board shall reimburse the Controller for the cost of the audits of a local agency’s records conducted pursuant to this section.

(2) The board and the department shall make reasonable efforts to recover costs incurred pursuant to this section from responsible parties, and may pursue any available legal remedy for this purpose.

(f) The board shall develop a system for maintaining a database for tracking expenditures of funds pursuant to this section, and shall make this data available to the Legislature upon request.

(g) (1) Sections 25355.5 and 25356 do not apply to expenditures from the Toxic Substances Control Account for oversight of abatement of releases from underground storage tanks as part of the local oversight program conducted pursuant to an agreement entered into pursuant to this section.

(2) A local agency that enters into an agreement pursuant to subdivision (b) shall notify the responsible party, for any site subject to a cleanup, abatement, or other action taken pursuant to the local oversight program established pursuant to this section, that the responsible party is liable for not more than 150 percent of the total amount of site-specific oversight costs actually incurred by the local agency.

(h) Any aggrieved person may petition the board or regional board for review of the action or failure to act of a local agency that enters into an agreement pursuant to subdivision (b), at a site subject to cleanup, abatement, or other action conducted as part of the local oversight program established pursuant to this section, in accordance with the procedures adopted by the board or regional board pursuant to subdivision (d).

(i) (1) For purposes of this section, site-specific oversight costs include only the costs of the following activities, when carried out by the staff of a local agency or the local agency’s authorized representative, that are either technical program staff or their immediate supervisors:

(A) Responsible party identification and notification. (B) Site visits. (C) Sampling activities.

(D) Meetings with responsible parties or responsible party consultants. (E) Meetings with the regional board or with other affected agencies regarding a specific

site. (F) Review of reports, workplans, preliminary assessments, remedial action plans, or

postremedial monitoring. (G) Development of enforcement actions against a responsible party. (H) Issuance of a closure document. (2) The responsible party is liable for the site-specific oversight costs, calculated pursuant to

paragraphs (3) and (4), incurred by a local agency, in overseeing any cleanup, abatement, or other action taken pursuant to an agreement entered into pursuant to this section to remedy an unauthorized release from an underground storage tank.

(3) Notwithstanding the requirements of any other law, the amount of liability of a responsible party for the oversight costs incurred by the local agency and by the board and regional boards in overseeing any action pursuant to an agreement entered into pursuant to this section shall be calculated as an amount not more than 150 percent of the total amount of the site-specific oversight costs actually incurred by the local agency and shall not include the direct or indirect costs incurred by the board or regional boards.

(4) (A) The total amount of oversight costs for which a local agency may be reimbursed shall not exceed one hundred fifteen dollars ($115) per hour, multiplied by the total number of site-specific hours performed by the local agency.

(B) The total amount of the costs per site for administration and technical assistance to local agencies by the board and the regional board entering into agreements pursuant to subdivision (b) shall not exceed a combined total of thirty-five dollars ($35) for each hour of site-specific oversight. The board shall base its costs on the total hours of site-specific oversight work performed by all participating local agencies. The regional board shall base its costs on the total number of hours of site-specific oversight costs attributable to the local agency that received regional board assistance.

(C) The amounts specified in subparagraphs (A) and (B) are base rates for the 1990–91 fiscal year. Commencing July 1, 1991, and for each fiscal year thereafter, the board shall adjust the base rates annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the implicit price deflator for state and local government purchases of goods and services, as published by the United States Department of Commerce or by a successor agency of the federal government.

(5) In recovering costs from responsible parties for costs incurred under this section, the local agency shall prorate any costs identifiable as startup costs over the expected number of cases that the local agency will oversee during a 10-year period. A responsible party who has been assessed startup costs for the cleanup of any unauthorized release that, as of January 1, 1991, is the subject of oversight by a local agency, shall receive an adjustment by the local agency in the form of a credit, for the purposes of cost recovery. Startup costs include all of the following expenses:

(A) Small tools, safety clothing, cameras, sampling equipment, and other similar articles necessary to investigate or document pollution.

(B) Office furniture. (C) Staff assistance needed to develop computer tracking of financial and site-specific

records. (D) Training and setup costs for the first six months of the local agency program. (6) This subdivision does not apply to costs that are required to be recovered pursuant to

Article 7.5 (commencing with Section 25385) of Chapter 6.8. (j) The inoperation of former paragraph (1) of this subdivision does not affect the validity of

any action taken by the Santa Clara Valley Water District before June 30, 2005, and does not

provide a defense for an owner, operator, or other responsible party who fails to comply with that action.

(k) Notwithstanding subdivisions (a) and (b), any agreement entered into before January 1, 2013, between a regional board and a water district to oversee, coordinate, or implement a cooperative oversight program will remain in effect in accordance with the terms of that agreement or the terms of that agreement as may be amended from time to time. § 25297.15.

(a) (1) The local agency shall not consider cleanup or site closure proposals from the primary or active responsible party, issue a closure letter, or make a determination that no further action is required with respect to a site upon which there was an unauthorized release of hazardous substances from an underground storage tank subject to this chapter unless all current record owners of fee title to the site of the proposed action have been notified of the proposed action by the primary or active responsible party.

(2) Notwithstanding subdivision (g) of Section 25297.1, the local agency shall also notify the primary or active responsible party of their responsibility under this subdivision.

(3) The primary or active responsible party shall certify to the local agency in writing that the notification requirement in this subdivision has been met and provide a complete mailing list of all record fee title owners to the local agency.

(b) The local agency shall take all reasonable steps necessary to accommodate responsible landowner participation in the cleanup or site closure process and shall consider all input and recommendations from any responsible landowner wishing to participate. § 25297.2.

Any local agency which performs, or causes to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of hazardous substances from an underground storage tank is immune from liability for this action to the same extent as the board or regional board is immune if the board or regional board had performed the cleanup, abatement, or other action. § 25297.3.

(a) The Leaking Underground Storage Tank Cost Recovery Fund is hereby created in the General Fund and the money in the fund may be expended, upon appropriation by the Legislature, for the purposes specified in subdivisions (c), (d), and (e).

(b) All of the following amounts shall be deposited in the Leaking Underground Storage Tank Cost Recovery Fund:

(1) All money recovered pursuant to the federal act for purposes of this chapter. (2) Notwithstanding Section 16475 of the Government Code, all interest earned upon any

money deposited in the Leaking Underground Storage Tank Cost Recovery Fund. (3) Upon receipt of a written request from the board, the Controller shall transfer to the

Leaking Underground Storage Tank Cost Recovery Fund the cash balance of the account in the Special Deposit Fund, as specified in Section 16370 of the Government Code, in which is deposited all money recovered pursuant to the federal act.

(c) The board may expend the money in the Leaking Underground Storage Tank Cost Recovery Fund for the purpose of taking any of the following actions with respect to underground storage tanks containing petroleum, as defined in the federal act:

(1) Enforcement activities. (2) Corrective action and oversight. (3) Cost recovery. (4) Relocation of residents and provision of water supplies. (5) Exposure assessments.

(d) The board may expend the money in the Leaking Underground Storage Tank Cost Recovery Fund for administrative expenses related to carrying out the activities specified in subdivision (c).

(e) The Controller may expend money in the Leaking Underground Storage Tank Cost Recovery Fund, upon appropriation by the Legislature, for the costs that are incurred on behalf of the Controller for corrective action, as defined in Section 25299.14, at the site located at 622 East Lindsay in the City of Stockton.

(f) After the corrective action at the site specified in subdivision (e) is complete, in accordance with a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10, all unencumbered funds in the Leaking Underground Storage Tank Fund, and all net proceeds from the sale or other sition of the site made on behalf of the Controller, shall be transferred to the Underground Storage Tank Cleanup Fund. § 25298.

(a) No person shall abandon an underground tank system or close or temporarily cease operating an underground tank system, except as provided in this section.

(b) An underground tank system that is temporarily taken out of service, but which the owner or operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter and all applicable regulations adopted by the board pursuant to Section 25299.3, unless the owner or operator complies with subdivision (c) for the period of time the underground tank system is not in use.

(c) No person shall close an underground tank system unless the person undertakes all of the following actions:

(1) Demonstrates to the local agency that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank system prior to its closure have been removed, properly disposed of, and neutralized.

(2) Adequately seals the tank system to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank system.

(3) Provides for, and carries out, the maintenance of the tank system as the local agency determines is necessary for the period of time the local agency requires.

(4) Demonstrates to the appropriate agency, which has jurisdiction over the site, that the site has been investigated to determine if there are any present, or were past, releases, and if so, that appropriate corrective or remedial actions have been taken. § 25298.5.

The analysis of any material that is required to demonstrate compliance with this chapter or Chapter 6.75 (commencing with Section 25299.10) shall be performed by a laboratory accredited by the department pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. § 25299.

(a) An operator of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each underground storage tank for each day of violation for any of the following violations:

(1) Operating an underground tank system that has not been issued a permit, in violation of this chapter.

(2) Violation of an applicable requirement of the permit issued for the operation of the underground tank system.

(3) Failure to maintain records, as required by this chapter. (4) Failure to report an unauthorized release, as required by Sections 25294 and 25295. (5) Failure to properly close an underground tank system, as required by Section 25298.

(6) Violation of an applicable requirement of this chapter or any regulation adopted by the board pursuant to Section 25299.3.

(7) Failure to permit inspection or to perform a monitoring, testing, or reporting required pursuant to Section 25288 or 25289.

(8) Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter.

(9) Tampering with or otherwise disabling automatic leak detection devices or alarms. (b) An owner of an underground tank system shall be liable for a civil penalty of not less

than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each underground storage tank, for each day of violation, for any of the following violations:

(1) Failure to obtain a permit as specified by this chapter. (2) Failure to repair or upgrade an underground tank system in accordance with this chapter. (3) Abandonment or improper closure of an underground tank system subject to this

chapter. (4) Violation of an applicable requirement of the permit issued for operation of the

underground tank system. (5) Violation of an applicable requirement of this chapter or a regulation adopted by the

board pursuant to Section 25299.3. (6) Failure to permit inspection or to perform a monitoring, testing, or reporting required

pursuant to Section 25288 or 25289. (7) Making a false statement, representation, or certification in an application, record, report,

or other document submitted or required to be maintained pursuant to this chapter. (c) A person who intentionally fails to notify the board, the regional board, or the local

agency when required to do so by this chapter or who submits false information in a permit application, amendment, or renewal, pursuant to Section 25286, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for which notification is not given or false information is submitted.

(d) (1) A person who violates a corrective action requirement established by, or issued pursuant to, Section 25296.10 is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation.

(2) A civil penalty under this subdivision may be imposed in a civil action under this chapter, or may be administratively imposed by the board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.

(e) A person who violates Section 25292.3 is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for each day of violation.

(f) (1) A person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.

(2) A person who intentionally disables or tampers with an automatic leak detection system in a manner that would prevent the automatic leak detection system from detecting a leak or alerting the owner or operator of the leak, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.

(g) In determining both the civil and criminal penalties imposed pursuant to this section, the board, a regional board, or the court, as the case may be, shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.

(h) (1) A civil penalty or criminal fine imposed pursuant to this section for a separate violation shall be separate, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, except that no civil penalty shall be recovered under subdivision (d) for violations for which a civil penalty is recovered pursuant to Section 13268 or 13350 of the Water Code. The penalty or fine shall be paid to the unified program agency, the participating agency, or the state, whichever is represented by the office of the city attorney, district attorney, or Attorney General bringing the action.

(2) Any penalties or fines paid to a unified program agency or a participating agency pursuant to paragraph (1) shall be deposited into a special account and shall be expended only to fund the activities of the unified program agency or participating agency in enforcing the unified program, as specified in subdivision (c) of Section 25404, within the jurisdiction of that agency pursuant to the unified program specified in Chapter 6.11 (commencing with Section 25404).

(3) All penalties or fines collected by the board or a regional board or collected on behalf of the board or a regional board by the Attorney General shall be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund, and are available for expenditure by the board, upon appropriation, pursuant to Section 13441 of the Water Code.

(i) Paragraph (9) of subdivision (a) does not prohibit the owner or operator of an underground storage tank, or his or her designee, from maintaining, repairing, or replacing automatic leak detection devices or alarms associated with that tank. § 25299.01.

When any person has engaged in, is engaged in, or is about to engage in any acts or practices which violate this chapter, or Chapter 6.75 (commencing with Section 25299.10) or any rule, regulation, permit, standard, requirement, or order issued, adopted, or executed pursuant to this chapter or Chapter 6.75 (commencing with Section 25299.10), the city attorney of the city in which the acts or practices occur, occurred, or will occur, the district attorney of the county in which the acts or practices occur, occurred, or will occur, or the Attorney General may apply to the superior court for any order enjoining these acts or practices, or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order. § 25299.02.

Every civil action brought under this chapter shall be brought by the city attorney, the district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same violations may be joined or consolidated. § 25299.03.

Any civil action brought pursuant to this chapter shall be brought in the county in which the violation occurred, the county in which the principal office of the defendant is located, or the county in which the Attorney General has an office nearest to the county in which the principal office of the defendants, or any of them, in this state is located. § 25299.04.

In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any state of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued or that the remedy at law is inadequate. The temporary restraining order, preliminary injunction, or permanent injunction shall be issued without these allegations and without this proof.

§ 25299.01.

(a) Any city or county which prior to January 1, 1984, adopted an ordinance which, at a minimum, met the requirements set forth in Sections 25284 and 25284.1, as they read on January 1, 1984, prior to being amended and renumbered, providing for double containment, and monitoring of underground storage tanks which was exempt from this chapter as of December 31, 1989, is not exempt from implementing this chapter and shall implement this chapter on or before January 1, 1991.

(b) Until a city or county specified in subdivision (a) implements this chapter, the city or the county shall, at a minimum, do all of the following:

(1) Submit to the board the application form and annual information specified by Section 25286 and submit a written report of any unauthorized release from an underground storage tank to the Office of Emergency Services within 10 working days from the time the local agency is notified of the unauthorized release.

(2) Collect and transmit to the board the surcharge specified in subdivision (b) of Section 25287.

(3) Issue permits for the operation of an underground storage tank, which, at a minimum, ensure compliance with any applicable requirement of the federal act and any applicable regulation adopted by the board pursuant to Section 25299.3 which the board determines is necessary to ensure consistency with the federal act.

(c) A permit issued on or after January 1, 1991, by a city or county specified in subdivision (a) shall require compliance with all applicable requirements of this chapter and with the regulations adopted by the board pursuant to Section 25299.3.

(d) This chapter does not limit or abridge the authority of any city or county to adopt an ordinance requiring information, conducting investigations, inspections, or implementing and enforcing this chapter. § 25299.2.

(a) Except as provided in subdivision (a) of Section 25299.4, this chapter does not preclude or deny the right of a local agency to adopt and enforce any regulation, requirement, or standard of performance that is more stringent than a regulation, requirement, or standard of performance in effect under this chapter with respect to underground storage tanks, if the regulation, requirement, or standard of performance, as provided in this subdivision, is consistent with this chapter.

(b) This chapter shall not be construed to preclude or deny the right of a local agency to regulate tanks which are not subject to regulation under this chapter or the federal act. § 25299.3.

(a) The board shall adopt regulations implementing this chapter. (b) Every city and county shall undertake its regulatory responsibilities under this chapter.

Except as provided in Section 25299.1, every city and county shall implement this chapter not later than July 1, 1985.

(c) Any regulation adopted by the board pursuant to this section shall assure consistency with the requirements for state programs implementing the federal act, and shall include any more stringent requirements necessary to implement this chapter. § 25299.4.

(a) (1) Any local agency may apply to the board for authority to implement design and construction standards for the containment of a hazardous substance in underground storage tanks which are in addition to those set forth in this chapter. The application shall include a description of the additional standards and a discussion of the need to implement them. The

board shall approve the application if it finds, after an investigation and public hearing, that the local agency has demonstrated by clear and convincing evidence that the additional standards are necessary to adequately protect the soil and the beneficial uses of the waters of the state from unauthorized releases.

(2) The board shall make its determination within six months of the date of application for authority to implement additional standards. If the board’s determination upholds the application for authority to implement additional standards, the standards shall be effective as of the date of the determination. If the board’s determination does not uphold the application, the additional standards shall not go into effect.

(b) (1) Any permitholder or permit applicant may apply to the regional board having jurisdiction over the location of the permitholder’s or applicant’s facility for a site-specific variance from Section 25290.1, 25290.2, 25291, or 25292. A site-specific variance is an alternative procedure which is applicable in one local agency jurisdiction. Prior to applying to the regional board, the permitholder shall first contact the local agency pursuant to paragraph (5).

(2) The regional board shall hold a public hearing 60 days after the completion of any documents required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(3) The regional board shall consider the local agency’s and the city’s, county’s, or city and county’s recommendations in rendering its decision. Failure of the local agency or city, county, or city and county to join in the variance application pursuant to paragraph (5) shall not affect the request of the applicant to proceed with the variance application.

(4) The regional board shall approve the variance if it finds, after investigation and public hearing, that the applicant has demonstrated by clear and convincing evidence either of the following:

(A) Because of the facility’s special circumstances, not generally applicable to other facilities’ property, including size, shape, design, topography, location, or surroundings, the strict application of Sections 25290.1, 25290.2, 25291, and 25292 is unnecessary to adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release.

(B) Strict application of the standards of Sections 25290.1, 25290.2, 25291, and 25292 would create practical difficulties not generally applicable to other facilities or property and that the proposed alternative will adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release.

(5) Before applying for a variance, the applicant shall contact the local agency to determine if a site-specific variance is required. If the local agency determines that a site-specific variance is required or does not act within 60 days, the applicant may proceed with the variance procedure in subdivision (a).

(6) At least 30 days before applying to the appropriate regional board, the applicant shall notify and request the city, county, or city and county to join the applicant in the variance application before the regional board.

(A) The city, county, or city and county shall provide notice of the receipt of that request to any person who has requested the notice.

(B) The local agency within the city, county, or city and county which has the jurisdiction for land use decisions shall have 30 days from completion of any documents required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) to act on the applicant’s request to join the applicant.

(c) Applicants requesting a variance pursuant to subdivision (b) shall pay a fee determined by the board to be necessary to recover the reasonable cost of administering subdivision (b).

(d) The permit issued for any underground storage tank issued a variance pursuant to subdivision (b) shall require compliance with any conditions prescribed by the board or a regional board in issuing the variance. The conditions prescribed by the board or regional board

in the permit shall include any conditions necessary to assure compliance with any applicable requirements of the federal act.

(e) This section does not apply to or within any city or county that was exempt from implementing this chapter as of December 31, 1984. § 25299.5.

(a) This chapter shall be construed to assure consistency with the requirements for state programs implementing the federal act.

(b) This chapter shall not be construed to limit or abridge the powers and duties granted to the department by Chapter 6.5 (commencing with Section 25100) and Chapter 6.8 (commencing with Section 25300) or to the board and each regional board by Division 7 (commencing with Section 13000) of the Water Code. § 25299.6.

An owner or operator who is required to prepare an accident or spill prevention plan or response plan pursuant to this chapter or pursuant to an underground storage tank ordinance adopted by a city or county may, if the owner or operator elects to do so, use the format adopted pursuant to Section 25503.4. § 25299.7.

(a) The board is designated as the lead agency in the state for all purposes stated in the federal act and may exercise any powers which a state may exercise pursuant to the federal act.

(b) The board may prepare, as part of any program application submitted to the Environmental Protection Agency for state program approval pursuant to Section 6991c of Title 42 of the United States Code, any procedures and implementation plans necessary to assure compliance with the requirements for a state program implementing the federal act. These procedures and implementation plans may include, but are not limited to, procedures or implementation plans with respect to investigation, compliance monitoring, enforcement, public participation, and sharing of information among local agencies, the board, and the Environmental Protection Agency. If the Environmental Protection Agency approves of the state program, the board, the regional boards, and each local agency shall administer this chapter in accordance with these procedures and implementation plans where required by the memorandum of agreement executed by the board and the Environmental Protection Agency. These procedures and implementation plans shall also apply to any public agency or official who brings a civil enforcement action pursuant to this chapter, and to any city or county specified in Section 25299.1, to the extent required by the memorandum of agreement. The board’s approval of the program application and memorandum of agreement is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The board shall adopt, pursuant to Section 25299.3, any regulations necessary to obtain state program approval pursuant to Section 6991c of Title 42 of the United States Code. The board shall adopt these regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the board in furtherance of this section shall be filed with, but may not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the board.

§ 25299.8.

The repeal and addition of Section 25292.3 and the amendment of Section 25284 by the act adding this section during the 2002 portion of the 2001–02 Regular Session, to eliminate the requirement to acquire and display an upgrade compliance certificate, do not constitute a bar to any action, whether administrative, civil, or criminal, brought for a violation of the law that occurred prior to January 1, 2003.

Health and Safety Code Division 20. Miscellaneous Health and Safety Provisions

Chapter 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program

§ 25404.

(a) For purposes of this chapter, the following terms shall have the following meanings: (1) (A) “Certified Unified Program Agency” or “CUPA” means the agency certified by the

secretary to implement the unified program specified in this chapter within a jurisdiction. (B) “Participating Agency” or “PA” means a state or local agency that has a written

agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary, to implement or enforce one or more of the unified program elements specified in subdivision (c), in accordance with Sections 25404.1 and 25404.2.

(C) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent each PA has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in subdivision (c). The UPAs have the responsibility and authority to implement and enforce the requirements listed in subdivision (c), and the regulations adopted to implement the requirements listed in subdivision (c), to the extent provided by Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), Chapter 6.95 (commencing with Section 25500), and Sections 25404.1 to 25404.2, inclusive. After a CUPA has been certified by the secretary, the unified program agencies and the state agencies carrying out responsibilities under this chapter shall be the only agencies authorized to enforce the requirements listed in subdivision (c) within the jurisdiction of the CUPA.

(2) “Department” means the Department of Toxic Substances Control. (3) “Minor violation” means the failure of a person to comply with a requirement or condition

of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, of the unified program that the UPA is authorized to implement or enforce pursuant to this chapter, and that does not otherwise include any of the following:

(A) A violation that results in injury to persons or property, or that presents a significant threat to human health or the environment.

(B) A knowing, willful, or intentional violation. (C) A violation that is a chronic violation, or that is committed by a recalcitrant violator. In

determining whether a violation is chronic or a violator is recalcitrant, the UPA shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements.

(D) A violation that results in an emergency response from a public safety agency. (E) A violation that enables the violator to benefit economically from the noncompliance,

either by reduced costs or competitive advantage. (F) A class I violation as provided in Section 25117.6. (G) A class II violation committed by a chronic or a recalcitrant violator, as provided in

Section 25117.6. (H) A violation that hinders the ability of the UPA to determine compliance with any other

applicable local, state, or federal rule, regulation, information request, order, variance, permit, or other requirement.

(4) “Secretary” means the Secretary for Environmental Protection. (5) “Unified program facility” means all contiguous land and structures, other appurtenances,

and improvements on the land that are subject to the requirements listed in subdivision (c). (6) “Unified program facility permit” means a permit issued pursuant to this chapter. For the

purposes of this chapter, a unified program facility permit encompasses the permitting

requirements of Section 25284, and permit or authorization requirements under a local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials, but does not encompass the permitting requirements of a local ordinance that incorporates provisions of the California Fire Code or the California Building Code.

(b) The secretary shall adopt implementing regulations and implement a unified hazardous waste and hazardous materials management regulatory program, which shall be known as the unified program, after holding an appropriate number of public hearings throughout the state. The unified program shall be developed in close consultation with the director, the Secretary of California Emergency Management, the State Fire Marshal, the executive officers and chairpersons of the State Water Resources Control Board and the California regional water quality control boards, the local health officers, local fire services, and other appropriate officers of interested local agencies, and affected businesses and interested members of the public, including environmental organizations.

(c) The unified program shall consolidate the administration of the following requirements and, to the maximum extent feasible within statutory constraints, shall ensure the coordination and consistency of any regulations adopted pursuant to those requirements:

(1) (A) Except as provided in subparagraphs (B) and (C), the requirements of Chapter 6.5 (commencing with Section 25100), and the regulations adopted by the department pursuant thereto, that are applicable to all of the following:

(i) Hazardous waste generators, persons operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption, pursuant to Chapter 6.5 (commencing with Section 25100) or the regulations adopted by the department.

(ii) Persons managing perchlorate materials. (iii) Persons subject to Article 10.1 (commencing with Section 25211) of Chapter 6.5. (iv) Persons operating a collection location that has been established under an architectural

paint stewardship plan approved by the Department of Resources Recycling and Recovery pursuant to the architectural paint recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code.

(v) On and before December 31, 2019, a transfer facility, as defined in paragraph (3) of subdivision (a) of Section 25123.3, that is operated by a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, as defined in subdivision (c) of Section 25218.1. On and after January 1, 2020, the unified program shall not include a transfer facility operated by a door-to-door household hazardous waste collection program.

(vi) Persons who receive used oil from consumers pursuant to Section 25250.11. (B) The unified program shall not include the requirements of paragraph (3) of

subdivision (c) of Section 25200.3, the requirements of Sections 25200.10 and 25200.14, and the authority to issue an order under Sections 25187 and 25187.1, with regard to those portions of a unified program facility that are subject to one of the following:

(i) A corrective action order issued by the department pursuant to Section 25187. (ii) An order issued by the department pursuant to Chapter 6.8 (commencing with

Section 25300) or former Chapter 6.85 (commencing with Section 25396). (iii) A remedial action plan approved pursuant to Chapter 6.8 (commencing with

Section 25300) or former Chapter 6.85 (commencing with Section 25396). (iv) A cleanup and abatement order issued by a California regional water quality control

board pursuant to Section 13304 of the Water Code, to the extent that the cleanup and abatement order addresses the requirements of the applicable section or sections listed in this subparagraph.

(v) Corrective action required under subsection (u) of Section 6924 of Title 42 of the United States Code or subsection (h) of Section 6928 of Title 42 of the United States Code.

(vi) An environmental assessment pursuant to Section 25200.14 or a corrective action pursuant to Section 25200.10 or paragraph (3) of subdivision (c) of Section 25200.3, that is being overseen by the department.

(C) The unified program shall not include the requirements of Chapter 6.5 (commencing with Section 25100), and the regulations adopted by the department pursuant thereto, applicable to persons operating transportable treatment units, except that any required notice regarding transportable treatment units shall also be provided to the CUPAs.

(2) The requirements of Chapter 6.67 (commencing with Section 25270) concerning aboveground storage tanks.

(3) (A) Except as provided in subparagraphs (B) and (C), the requirements of Chapter 6.7 (commencing with Section 25280) concerning underground storage tanks and the requirements of any underground storage tank ordinance adopted by a city or county.

(B) The unified program shall not include the responsibilities assigned to the State Water Resources Control Board pursuant to Section 25297.1.

(C) The unified program shall not include the corrective action requirements of Sections 25296.10 to 25296.40, inclusive.

(4) The requirements of Article 1 (commencing with Section 25500) of Chapter 6.95 concerning hazardous material release response plans and inventories.

(5) The requirements of Article 2 (commencing with Section 25531) of Chapter 6.95, concerning the accidental release prevention program.

(6) The requirements for the hazardous materials plan and hazardous materials inventory statement of the California Fire Code, as adopted by the State Fire Marshal pursuant to Section 13143.9.

(d) To the maximum extent feasible within statutory constraints, the secretary shall consolidate, coordinate, and make consistent these requirements of the unified program with other requirements imposed by other federal, state, regional, or local agencies upon facilities regulated by the unified program.

(e) (1) The secretary shall establish standards applicable to CUPAs, participating agencies, state agencies, and businesses specifying the data to be collected and submitted by unified program agencies in administering the programs listed in subdivision (c).

(2) (A) The secretary shall establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses pursuant to this subdivision, in a manner that is most cost efficient and effective for both the regulated businesses and state and local agencies. The secretary shall prescribe an XML or other compatible Web-based format for the transfer of data from CUPAs and regulated businesses and make all nonconfidential data available on the Internet.

(B) The secretary shall establish milestones to measure the implementation of the statewide information management system and shall provide periodic status updates to interested parties.

(3) (A) (i) Except as provided in subparagraph (B), in addition to any other funding that becomes available, the secretary shall increase the oversight surcharge provided for in subdivision (b) of Section 25404.5 by an amount necessary to meet the requirements of this subdivision for a period of three years, to establish the statewide information management system, consistent with paragraph (2). The increase in the oversight surcharge shall not exceed twenty-five dollars ($25) in any one year of the three-year period. The secretary shall thereafter maintain the statewide information management system, funded by the assessment the secretary is authorized to impose pursuant to Section 25404.5.

(ii) No less than 75 percent of the additional funding raised pursuant to clause (i) shall be provided to CUPAs and PAs through grant funds or statewide contract services, in the amounts determined by the secretary to assist these local agencies in meeting these information management system requirements.

(B) A facility that is owned or operated by the federal government and that is subject to the unified program shall pay the surcharge required by this paragraph to the extent authorized by federal law.

(C) The secretary, or one or more of the boards, departments, or offices within the California Environmental Protection Agency, shall seek available federal funding for purposes of implementing this subdivision.

(4) No later than three years after the statewide information management system is established, each CUPA, PA, and regulated business shall report program data electronically. The secretary shall work with the CUPAs to develop a phased in schedule for the electronic collection and submittal of information to be included in the statewide information management system, giving first priority to information relating to those chemicals determined by the secretary to be of greatest concern. The secretary, in making this determination shall consult with the CUPAs, the California Emergency Management Agency, the State Fire Marshal, and the boards, departments, and offices within the California Environmental Protection Agency.

(5) The secretary, in collaboration with the CUPAs, shall provide technical assistance to regulated businesses to comply with the electronic reporting requirements and may expend funds identified in clause (i) of subparagraph (A) of paragraph (3) for that purpose. §25404.1.

(a) (1) All aspects of the unified program related to the adoption and interpretation of statewide standards and requirements shall be the responsibility of the state agency which is charged with that responsibility under existing law. For underground storage tanks, that agency shall be the State Water Resources Control Board. The California regional water quality control boards shall have responsibility for the issuance of variances pursuant to subdivision (b) of Section 25299.4. The Department of Toxic Substances Control shall have the sole responsibility for the issuances of variances from the requirements of Chapter 6.5 (commencing with Section 25100) and the regulations adopted pursuant thereto, for the determination of whether or not a waste is hazardous or nonhazardous, for the determination of whether or not a person is eligible to be deemed to be operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption pursuant to Chapter 6.5 (commencing with Section 25100) or the regulations adopted by the department, and for the suspension and revocation of permits-by-rule, conditional authorizations, and conditional exemptions.

(2) Except as provided in paragraphs (1) and (3), those aspects of the unified program related to the application of statewide standards to particular facilities, including the issuance of unified program facility permits, the review of reports and plans, environmental assessment, compliance and correction, and the enforcement of those standards and requirements against particular facilities, shall be the responsibility of the unified program agencies.

(3) (A) Except in those jurisdictions for which the UPA has been determined by the department, in accordance with regulations adopted pursuant to subparagraph (C), to be qualified to implement the environmental assessment and removal and remediation corrective action aspects of the unified program, the department shall have sole responsibility and authority under the unified program for all of the following:

(i) Implementing and enforcing the requirements of paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25200.10 and 25200.14, and the regulations adopted by the department to implement those sections. As a pilot program in up to 10 counties, pending the adoption and implementation of regulations pursuant to subparagraph (C), the department may delegate to the CUPA, through a delegation agreement, responsibility and authority for implementing and enforcing the requirements of Section 25200.14.

(ii) The issuance of orders under Section 25187 requiring removal or remedial action. (iii) The issuance of orders under Section 25187.1.

(B) Notwithstanding subparagraph (A), a UPA may issue an order under Section 25187 specifying a schedule for compliance or correction and imposing an administrative penalty for any violation of the requirements of Chapter 6.5 (commencing with Section 25100) listed in paragraph (1) of subdivision (c) of Section 25404, or the requirements of any permit, rule, regulation, standard or requirement issued or adopted pursuant to the requirements of Chapter 6.5 (commencing with Section 25100) listed in paragraph (1) of subdivision (c) of Section 25404, if one of the following applies:

(i) The order does not require removal or remedial action. (ii) The only removal or remedial actions required by the order are those actions determined

to be necessary to address an imminent and substantial endangerment based upon a finding by the UPA pursuant to subdivision (f) of Section 25187.

(C) The department shall adopt emergency regulations specifying the criteria and procedures for implementing paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25200.10 and 25200.14, including criteria and procedures for determining whether or not a unified program agency is qualified to implement the environmental assessment and removal and remediation corrective action portions of the unified program under paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14. The criteria for determining whether a unified program agency is qualified shall, at a minimum, include consideration of the following factors:

(i) Adequacy of the technical expertise possessed by the unified program agency. (ii) Adequacy of staff resources. (iii) Adequacy of budget resources and funding mechanisms. (iv) Training requirements. (v) Past performance in implementing and enforcing requirements related to environmental

assessments, and removal and remediation corrective actions. (vi) Recordkeeping and accounting systems. (D) The regulations adopted by the department pursuant to subparagraph (C) shall include

provisions to ensure coordinated and consistent application of paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14, when both the department and the unified program agency are, or will be, implementing and enforcing the requirements of one or more of these sections at the same facility.

(E) For purposes of subparagraph (D), “facility” means the entire site that is under the control of the owner or operator.

(F) If the department is designated as a unified program agency, the department is deemed qualified to implement all of the following:

(i) The environmental assessment, removal and remedial action, and corrective action aspects of the unified program.

(ii) Paragraph (3) of subdivision (c) of Section 25300.3, Sections 25200.10, 25200.14, 25187, and 25287.1, and the regulations adopted by the department to implement those provisions.

(b) (1) On or before January 1, 1996, each county shall apply to the secretary to be certified as a unified program agency to implement the unified program within the unincorporated area of the county and within each city in the county, in which area or city, as of January 1, 1996, the city or other local agency has not applied to be the certified unified program agency.

(2) (A) Any city or other local agency which, as of December 31, 1995, has been designated as an administering agency pursuant to Section 25502, or which has assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, may apply to the secretary to become the certified unified program agency to implement the unified program within the jurisdictional boundaries of the city or local agency.

(B) A city or other local agency which, as of December 31, 1995, has not been designated as an administering agency pursuant to Section 25502, or which has not assumed responsibility

for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, may apply to the secretary to become the certified unified program agency within the jurisdictional boundaries of the city or local agency if it enters into an agreement with the county to become the certified unified program agency within those boundaries. A county shall not refuse to enter into an agreement unless it specifies in writing its reasons for failing to enter into the agreement. However, if the city does not enter into the agreement with the county, within 30 days of receiving a county’s reasons for failing to enter into agreement, a city may request that the secretary allow it to apply to be a certified unified program agency and the secretary may, in his or her discretion, approve the request.

(3) A city, county, or other local agency may propose, in its application for certification to the secretary, to allow other public agencies to implement certain elements of the unified program, but the secretary shall accept that proposal only if the secretary makes the findings specified in subdivision (d) of Section 25404.3.

(4) If a city or other local agency which, as of December 31, 1995, has been designated as an administering agency pursuant to Section 25502, or has assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, requests that the county propose in its application for certification to the secretary that the city or local agency implement, within the jurisdictional boundaries of the city or local agency, those elements of the unified program which, as of December 31, 1995, the city or local agency has authority to administer, the county shall grant that request. If such an agency is subsequently removed or withdraws from the unified program, the agency shall not act as an administering agency under Section 25502 or act as a local agency pursuant to Chapter 6.7 (commencing with Section 25280), except as provided in subdivision (c) of Section 25283.

Vol. 80 Wednesday,

No. 135 July 15, 2015

Part II

Environmental Protection Agency 40 CFR Parts 280 and 281 Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training; Final Rule

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41623 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Rules and Regulations

124 Note that the affected populations identified in the screening analysis summarized here are simply defined by specific demographics surrounding UST locations. These affected populations are not necessarily equivalent to communities that others have specifically identified as environmental justice communities.

standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when EPA decides not to use available and applicable voluntary consensus standards.

This action uses technical standards. EPA has decided to use voluntary consensus standards, called codes of practice, described in section E–2. These codes of practice meet the objectives of this action by establishing criteria for the design, construction, and maintenance of underground storage tanks.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.

EPA has determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population.

To inform us about the socioeconomic characteristics of communities potentially affected by this final UST regulation, EPA conducted a screening analysis under the 2011 proposed UST regulation to examine whether there is a statistically significant disparity between socioeconomic characteristics of populations located near UST facilities and those that are not.124 As discussed in the RIA, the results indicate that minority and low-income populations are slightly more likely to

be located near UST facilities. An environmental justice analysis would then require an assessment of whether there would be disproportionate and adverse impacts on these populations. However, because all regulatory options considered in this final UST regulation would increase regulatory stringency and reduce the number and size of releases, EPA does not anticipate the final UST regulation will have any disproportionately high and adverse human health or environmental effects on these minority or low-income communities or any community.

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A Major rule cannot take effect until 60 days after it is published in the Federal Register. This action is a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule is effective September 14, 2015.

List of Subjects

40 CFR Part 280

Environmental protection, Administrative practice and procedures, Confidential business information, Groundwater, Hazardous materials, Petroleum, Reporting and recordkeeping requirements, Underground storage tanks, Water pollution control, Water supply.

40 CFR Part 281

Environmental protection, Administrative practice and procedures, Hazardous substances, Petroleum, State program approval, Underground storage tanks.

Dated: June 19, 2015.

Gina McCarthy, Administrator.

For the reasons set out in the preamble, parts 280 and 281 of title 40, chapter I of the Code of Federal Regulations are amended as follows:

■ 1. Revise part 280 to read as follows:

PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)

Subpart A—Program Scope and Installation Requirements for Partially Excluded UST Systems

Sec. 280.10 Applicability. 280.11 Installation requirements for

partially excluded UST systems. 280.12 Definitions.

Subpart B—UST Systems: Design, Construction, Installation and Notification

280.20 Performance standards for new UST systems.

280.21 Upgrading of existing UST systems. 280.22 Notification requirements.

Subpart C—General Operating Requirements

280.30 Spill and overfill control. 280.31 Operation and maintenance of

corrosion protection. 280.32 Compatibility. 280.33 Repairs allowed. 280.34 Reporting and recordkeeping. 280.35 Periodic testing of spill prevention

equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.

280.36 Periodic operation and maintenance walkthrough inspections.

Subpart D—Release Detection

280.40 General requirements for all UST systems.

280.41 Requirements for petroleum UST systems.

280.42 Requirements for hazardous substance UST systems.

280.43 Methods of release detection for tanks.

280.44 Methods of release detection for piping.

280.45 Release detection recordkeeping.

Subpart E—Release Reporting, Investigation, and Confirmation

280.50 Reporting of suspected releases. 280.51 Investigation due to off-site impacts. 280.52 Release investigation and

confirmation steps. 280.53 Reporting and cleanup of spills and

overfills.

Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

280.60 General. 280.61 Initial response. 280.62 Initial abatement measures and site

check. 280.63 Initial site characterization. 280.64 Free product removal. 280.65 Investigations for soil and

groundwater cleanup. 280.66 Corrective action plan. 280.67 Public participation.


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Subpart G—Out-of-Service UST Systems and Closure 280.70 Temporary closure. 280.71 Permanent closure and changes-in-

service. 280.72 Assessing the site at closure or

change-in-service. 280.73 Applicability to previously closed

UST systems. 280.74 Closure records.

Subpart H—Financial Responsibility 280.90 Applicability. 280.91 Compliance dates. 280.92 Definition of terms. 280.93 Amount and scope of required

financial responsibility. 280.94 Allowable mechanisms and

combinations of mechanisms. 280.95 Financial test of self-insurance. 280.96 Guarantee. 280.97 Insurance and risk retention group

coverage. 280.98 Surety bond. 280.99 Letter of credit. 280.100 Use of state-required mechanism. 280.101 State fund or other state assurance. 280.102 Trust fund. 280.103 Standby trust fund. 280.104 Local government bond rating test. 280.105 Local government financial test. 280.106 Local government guarantee. 280.107 Local government fund. 280.108 Substitution of financial assurance

mechanisms by owner or operator. 280.109 Cancellation or nonrenewal by a

provider of financial assurance. 280.110 Reporting by owner or operator. 280.111 Recordkeeping. 280.112 Drawing on financial assurance

mechanisms. 280.113 Release from the requirements. 280.114 Bankruptcy or other incapacity of

owner or operator or provider of financial assurance.

280.115 Replenishment of guarantees, letters of credit, or surety bonds.

280.116 Suspension of enforcement. [Reserved]

Subpart I—Lender Liability

280.200 Definitions. 280.210 Participation in management. 280.220 Ownership of an underground

storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.

280.230 Operating an underground storage tank or underground storage tank system.

Subpart J—Operator Training

280.240 General requirement for all UST systems.

280.241 Designation of Class A, B, and C operators.

280.242 Requirements for operator training. 280.243 Timing of operator training. 280.244 Retraining. 280.245 Documentation.

Subpart K—UST Systems with Field- Constructed Tanks and Airport Hydrant Fuel Distribution Systems

280.250 Definitions.

280.251 General requirements. 280.252 Additions, exceptions, and

alternatives for UST systems with field- constructed tanks and airport hydrant systems.

Appendix I to Part 280—Notification for Underground Storage Tanks (Form)

Appendix II to Part 280—Notification of Ownership Change for Underground Storage Tanks (Form)

Appendix III to Part 280—Statement for Shipping Tickets and Invoices

Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Subpart A—Program Scope and Installation Requirements for Partially Excluded UST Systems

§ 280.10 Applicability. (a) The requirements of this part

apply to all owners and operators of an UST system as defined in § 280.12 except as otherwise provided in paragraphs (b) and (c) of this section.

(1) Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field- constructed tanks, and UST systems that store fuel solely for use by emergency power generators must meet the requirements of this part as follows:

(i) Airport hydrant fuel distribution systems and UST systems with field- constructed tanks must meet the requirements in subpart K of this part.

(ii) UST systems that store fuel solely for use by emergency power generators installed on or before October 13, 2015 must meet the subpart D requirements on or before October 13, 2018.

(iii) UST systems that store fuel solely for use by emergency power generators installed after October 13, 2015 must meet all applicable requirements of this part at installation.

(2) Any UST system listed in paragraph (c) of this section must meet the requirements of § 280.11.

(b) Exclusions. The following UST systems are excluded from the requirements of this part:

(1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances.

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act.

(3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.

(4) Any UST system whose capacity is 110 gallons or less.

(5) Any UST system that contains a de minimis concentration of regulated substances.

(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

(c) Partial Exclusions. Subparts B, C, D, E, G, J, and K of this part do not apply to:

(1) Wastewater treatment tank systems not covered under paragraph (b)(2) of this section;

(2) Aboveground storage tanks associated with:

(i) Airport hydrant fuel distribution systems regulated under subpart K of this part; and

(ii) UST systems with field- constructed tanks regulated under subpart K of this part;

(3) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following); and

(4) Any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including but not limited to 10 CFR part 50.

§ 280.11 Installation requirements for partially excluded UST systems.

(a) Owners and operators must install an UST system listed in § 280.10(c)(1), (3), or (4) storing regulated substances (whether of single or double wall construction) that meets the following requirements:

(1) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

(2) Is cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non- corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and

(3) Is constructed or lined with material that is compatible with the stored substance.

(b) Notwithstanding paragraph (a) of this section, an UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank.

Note to paragraphs (a) and (b). The following codes of practice may be used as guidance for complying with this section:

(A) NACE International Standard Practice SP 0285, ‘‘External Corrosion Control of


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Underground Storage Tank Systems by Cathodic Protection’’;

(B) NACE International Standard Practice SP 0169, ‘‘Control of External Corrosion on Underground or Submerged Metallic Piping Systems’’;

(C) American Petroleum Institute Recommended Practice 1632, ‘‘Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems’’; or

(D) Steel Tank Institute Recommended Practice R892, ‘‘Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems’’.

§ 280.12 Definitions.

Aboveground release means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of an UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system.

Ancillary equipment means any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

Belowground release means any release to the subsurface of the land and to groundwater. This includes, but is not limited to, releases from the belowground portions of an underground storage tank system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank.

Beneath the surface of the ground means beneath the ground surface or otherwise covered with earthen materials.

Cathodic protection is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.

Cathodic protection tester means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

CERCLA means the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, as amended.

Class A operator means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the implementing agency. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

Class B operator means the individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the implementing agency. The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the UST system.

Class C operator means the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.

Compatible means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

Connected piping means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them.

Consumptive use with respect to heating oil means consumed on the premises.

Containment Sump means a liquid- tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (tank top or submersible turbine pump sump), underneath the dispenser (under- dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

Corrosion expert means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to

engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

Dielectric material means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system (e.g., tank from piping).

Dispenser means equipment located aboveground that dispenses regulated substances from the UST system.

Dispenser system means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.

Electrical equipment means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

Excavation zone means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

Existing tank system means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if:

(1) The owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and if,

(2)(i) Either a continuous on-site physical construction or installation program has begun; or,

(ii) The owner or operator has entered into contractual obligations—which cannot be cancelled or modified without substantial loss—for physical construction at the site or installation of the tank system to be completed within a reasonable time.

Farm tank is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. Farm includes fish hatcheries, rangeland and nurseries with growing operations.

Flow-through process tank is a tank that forms an integral part of a


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production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

Free product refers to a regulated substance that is present as a nonaqueous phase liquid (e.g., liquid not dissolved in water).

Gathering lines means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

Hazardous substance UST system means an underground storage tank system that contains a hazardous substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST system.

Heating oil means petroleum that is No. 1, No. 2, No. 4—light, No. 4—heavy, No. 5—light, No. 5—heavy, and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

Hydraulic lift tank means a tank holding hydraulic fluid for a closed- loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

Implementing agency means EPA, or, in the case of a state with a program approved under section 9004 (or pursuant to a memorandum of agreement with EPA), the designated state or local agency responsible for carrying out an approved UST program.

Liquid trap means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

Maintenance means the normal operational upkeep to prevent an underground storage tank system from releasing product.

Motor fuel means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol).

New tank system means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988. (See also Existing Tank System.)

Noncommercial purposes with respect to motor fuel means not for resale.

On the premises where stored with respect to heating oil means UST systems located on the same property where the stored heating oil is used.

Operational life refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under subpart G.

Operator means any person in control of, or having responsibility for, the daily operation of the UST system.

Overfill release is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

Owner means: (1) In the case of an UST system in

use on November 8, 1984, or brought into use after that date, any person who owns an UST system used for storage, use, or dispensing of regulated substances; and

(2) In the case of any UST system in use before November 8, 1984, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.

Person means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. Person also includes a consortium, a joint venture, a commercial entity, and the United States Government.

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.

Pipe or Piping means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

Pipeline facilities (including gathering lines) are new and existing pipe rights- of-way and any associated equipment, facilities, or buildings.

Regulated substance means: (1) Any substance defined in section

101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C); and

(2) Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term regulated substance includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

Release means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an UST into groundwater, surface water or subsurface soils.

Release detection means determining whether a release of a regulated substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

Repair means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly.

Replaced means: (1) For a tank—to remove a tank and

install another tank. (2) For piping—to remove 50 percent

or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.

Residential tank is a tank located on property used primarily for dwelling purposes.

SARA means the Superfund Amendments and Reauthorization Act of 1986.

Secondary containment or Secondarily contained means a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

Septic tank is a water-tight covered receptacle designed to receive or process, through liquid separation or


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biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

Storm water or wastewater collection system means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

Surface impoundment is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

Tank is a stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials (e.g., concrete, steel, plastic) that provide structural support.

Training program means any program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through testing, practical demonstration, or another approach acceptable to the implementing agency regarding requirements for UST systems that meet the requirements of subpart J of this part.

Under-dispenser containment or UDC means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or groundwater.

Underground area means an underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.

Underground release means any belowground release.

Underground storage tank or UST means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any:

(1) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

(2) Tank used for storing heating oil for consumptive use on the premises where stored;

(3) Septic tank; (4) Pipeline facility (including

gathering lines): (i) Which is regulated under 49 U.S.C.

chapter 601; or (ii) Which is an intrastate pipeline

facility regulated under state laws as provided in 49 U.S.C. chapter 601, and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

(5) Surface impoundment, pit, pond, or lagoon;

(6) Storm water or wastewater collection system;

(7) Flow-through process tank; (8) Liquid trap or associated gathering

lines directly related to oil or gas production and gathering operations; or

(9) Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.

Note to the definition of Underground storage tank or UST. The term underground storage tank or UST does not include any pipes connected to any tank which is described in paragraphs (1) through (9) of this definition.

Upgrade means the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product.

UST system or Tank system means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

Wastewater treatment tank means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

Subpart B—UST Systems: Design, Construction, Installation and Notification

§ 280.20 Performance standards for new UST systems.

In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements. In addition, except for suction piping that meets the requirements of § 280.41(b)(1)(ii)(A) through (E), tanks and piping installed

or replaced after April 11, 2016 must be secondarily contained and use interstitial monitoring in accordance with § 280.43(g). Secondary containment must be able to contain regulated substances leaked from the primary containment until they are detected and removed and prevent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping is considered to be replaced, the entire piping run must be secondarily contained.

(a) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

(1) The tank is constructed of fiberglass-reinforced plastic; or

Note to paragraph (a)(1). The following codes of practice may be used to comply with paragraph (a)(1) of this section:

(A) Underwriters Laboratories Standard 1316, ‘‘Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures’’; or

(B) Underwriter’s Laboratories of Canada S615, ‘‘Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids’’.

(2) The tank is constructed of steel and cathodically protected in the following manner:

(i) The tank is coated with a suitable dielectric material;

(ii) Field-installed cathodic protection systems are designed by a corrosion expert;

(iii) Impressed current systems are designed to allow determination of current operating status as required in § 280.31(c); and

(iv) Cathodic protection systems are operated and maintained in accordance with § 280.31 or according to guidelines established by the implementing agency; or


(A) Steel Tank Institute ‘‘Specification STI–P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks’’;

(B) Underwriters Laboratories Standard 1746, ‘‘External Corrosion Protection Systems for Steel Underground Storage Tanks’’;

(C) Underwriters Laboratories of Canada S603, ‘‘Standard for Steel Underground Tanks for Flammable and Combustible Liquids,’’ and S603.1, ‘‘Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and


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Combustible Liquids,’’ and S631, ‘‘Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems’’;

(D) Steel Tank Institute Standard F841, ‘‘Standard for Dual Wall Underground Steel Storage Tanks’’; or

(E) NACE International Standard Practice SP 0285, ‘‘External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection,’’ and Underwriters Laboratories Standard 58, ‘‘Standard for Steel Underground Tanks for Flammable and Combustible Liquids’’.

(3) The tank is constructed of steel and clad or jacketed with a non- corrodible material; or


(A) Underwriters Laboratories Standard 1746, ‘‘External Corrosion Protection Systems for Steel Underground Storage Tanks’’;

(B) Steel Tank Institute ACT–100® Specification F894, ‘‘Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks’’;

(C) Steel Tank Institute ACT–100–U® Specification F961, ‘‘Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks’’; or

(D) Steel Tank Institute Specification F922, ‘‘Steel Tank Institute Specification for Permatank®’’.

(4) The tank is constructed of metal without additional corrosion protection measures provided that:

(i) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and

(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank; or

(5) The tank construction and corrosion protection are determined by the implementing agency to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than paragraphs (a)(1) through (4) of this section.

(b) Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below.

(1) The piping is constructed of a non- corrodible material; or

Note to paragraph (b)(1). The following codes of practice may be used to comply with paragraph (b)(1) of this section:

(A) Underwriters Laboratories Standard 971, ‘‘Nonmetallic Underground Piping for Flammable Liquids’’; or

(B) Underwriters Laboratories of Canada Standard S660, ‘‘Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids’’.

(2) The piping is constructed of steel and cathodically protected in the following manner:

(i) The piping is coated with a suitable dielectric material;

(ii) Field-installed cathodic protection systems are designed by a corrosion expert;

(iii) Impressed current systems are designed to allow determination of current operating status as required in § 280.31(c); and

(iv) Cathodic protection systems are operated and maintained in accordance with § 280.31 or guidelines established by the implementing agency; or

Note to paragraph (b)(2). The following codes of practice may be used to comply with paragraph (b)(2) of this section:

(A) American Petroleum Institute Recommended Practice 1632, ‘‘Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems’’;

(B) Underwriters Laboratories Subject 971A, ‘‘Outline of Investigation for Metallic Underground Fuel Pipe’’;

(C) Steel Tank Institute Recommended Practice R892, ‘‘Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems’’;

(D) NACE International Standard Practice SP 0169, ‘‘Control of External Corrosion on Underground or Submerged Metallic Piping Systems’’; or

(E) NACE International Standard Practice SP 0285, ‘‘External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection’’.

(3) The piping is constructed of metal without additional corrosion protection measures provided that:

(i) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and

(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or

(4) The piping construction and corrosion protection are determined by the implementing agency to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (b)(1) through (3) of this section.

(c) Spill and overfill prevention equipment. (1) Except as provided in

paragraphs (c)(2) and (3) of this section, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:

(i) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and

(ii) Overfill prevention equipment that will:

(A) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or

(B) Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm; or

(C) Restrict flow 30 minutes prior to overfilling, alert the transfer operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

(2) Owners and operators are not required to use the spill and overfill prevention equipment specified in paragraph (c)(1) of this section if:

(i) Alternative equipment is used that is determined by the implementing agency to be no less protective of human health and the environment than the equipment specified in paragraph (c)(1)(i) or (ii) of this section; or

(ii) The UST system is filled by transfers of no more than 25 gallons at one time.

(3) Flow restrictors used in vent lines may not be used to comply with paragraph (c)(1)(ii) of this section when overfill prevention is installed or replaced after October 13, 2015.

(4) Spill and overfill prevention equipment must be periodically tested or inspected in accordance with § 280.35.

(d) Installation. The UST system must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions.

Note to paragraph (d). Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of paragraph (d) of this section:

(A) American Petroleum Institute Publication 1615, ‘‘Installation of Underground Petroleum Storage System’’;

(B) Petroleum Equipment Institute Publication RP100, ‘‘Recommended Practices for Installation of Underground Liquid Storage Systems’’; or

(C) National Fire Protection Association Standard 30, ‘‘Flammable and Combustible


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Liquids Code’’ and Standard 30A, ‘‘Code for Motor Fuel Dispensing Facilities and Repair Garages’’.

(e) Certification of installation. All owners and operators must ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with paragraph (d) of this section by providing a certification of compliance on the UST notification form in accordance with § 280.22.

(1) The installer has been certified by the tank and piping manufacturers; or

(2) The installer has been certified or licensed by the implementing agency; or

(3) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or

(4) The installation has been inspected and approved by the implementing agency; or

(5) All work listed in the manufacturer’s installation checklists has been completed; or

(6) The owner and operator have complied with another method for ensuring compliance with paragraph (d) of this section that is determined by the implementing agency to be no less protective of human health and the environment.

(f) Dispenser systems. Each UST system must be equipped with under- dispenser containment for any new dispenser system installed after April 11, 2016.

(1) A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at an UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

(2) Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations. Under- dispenser containment must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

§ 280.21 Upgrading of existing UST systems.

Owners and operators must permanently close (in accordance with subpart G of this part) any UST system that does not meet the new UST system performance standards in § 280.20 or

has not been upgraded in accordance with paragraphs (b) through (d) of this section. This does not apply to previously deferred UST systems described in subpart K of this part and where an upgrade is determined to be appropriate by the implementing agency.

(a) Alternatives allowed. All existing UST systems must comply with one of the following requirements:

(1) New UST system performance standards under § 280.20;

(2) The upgrading requirements in paragraphs (b) through (d) of this section; or

(3) Closure requirements under subpart G of this part, including applicable requirements for corrective action under subpart F of this part.

(b) Tank upgrading requirements. Steel tanks must be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:

(1) Interior lining. Tanks upgraded by internal lining must meet the following:

(i) The lining was installed in accordance with the requirements of § 280.33; and

(ii) Within 10 years after lining, and every 5 years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, then the lined tank must be permanently closed in accordance with subpart G of this part.

(2) Cathodic protection. Tanks upgraded by cathodic protection must meet the requirements of § 280.20(a)(2)(ii), (iii), and (iv) and the integrity of the tank must have been ensured using one of the following methods:

(i) The tank was internally inspected and assessed to ensure that the tank was structurally sound and free of corrosion holes prior to installing the cathodic protection system; or

(ii) The tank had been installed for less than 10 years and is monitored monthly for releases in accordance with § 280.43(d) through (i); or

(iii) The tank had been installed for less than 10 years and was assessed for corrosion holes by conducting two tightness tests that meet the requirements of § 280.43(c). The first tightness test must have been conducted

prior to installing the cathodic protection system. The second tightness test must have been conducted between three and six months following the first operation of the cathodic protection system; or

(iv) The tank was assessed for corrosion holes by a method that is determined by the implementing agency to prevent releases in a manner that is no less protective of human health and the environment than paragraphs (b)(2)(i) through (iii) of this section.

(3) Internal lining combined with cathodic protection. Tanks upgraded by both internal lining and cathodic protection must meet the following:

(i) The lining was installed in accordance with the requirements of § 280.33; and

(ii) The cathodic protection system meets the requirements of § 280.20(a)(2)(ii), (iii), and (iv).

Note to paragraph (b). The following historical codes of practice were listed as options for complying with paragraph (b) of this section:

(A) American Petroleum Institute Publication 1631, ‘‘Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks’’;

(B) National Leak Prevention Association Standard 631, ‘‘Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection’’;

(C) National Association of Corrosion Engineers Standard RP–02–85, ‘‘Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems’’; and

(D) American Petroleum Institute Recommended Practice 1632, ‘‘Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems’’.

Note to paragraph b(1)(ii). The following codes of practice may be used to comply with the periodic lining inspection requirement of this section:

(A) American Petroleum Institute Recommended Practice 1631, ‘‘Interior Lining and Periodic Inspection of Underground Storage Tanks’’;

(B) National Leak Prevention Association Standard 631, Chapter B ‘‘Future Internal Inspection Requirements for Lined Tanks’’; or

(C) Ken Wilcox Associates Recommended Practice, ‘‘Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera’’.

(c) Piping upgrading requirements. Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements of § 280.20(b)(2)(ii), (iii), and (iv).


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Note to paragraph (c). The codes of practice listed in the note following § 280.20(b)(2) may be used to comply with this requirement.

(d) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with UST system spill and overfill prevention equipment requirements specified in § 280.20(c).

§ 280.22 Notification requirements. (a) After May 8, 1986, an owner must

submit notice of a tank system’s existence to the implementing agency within 30 days of bringing the underground storage tank system into use. Owners must use the form in appendix I of this part or a state form in accordance with paragraph (c) of this section.

Note to paragraph (a). Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the designated state or local agency in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98–616, on a form published by EPA on November 8, 1985 unless notice was given pursuant to section 103(c) of CERCLA. Owners and operators who have not complied with the notification requirements may use portions I through X of the notification form contained in appendix I of this part.

(b) Within 30 days of acquisition, any person who assumes ownership of a regulated underground storage tank system, except as described in paragraph (a) of this section, must submit a notice of the ownership change to the implementing agency, using the form in appendix II of this part or a state form in accordance with paragraph (c) of this section.

(c) In states where state law, regulations, or procedures require owners to use forms that differ from those set forth in appendix I and appendix II of this part to fulfill the requirements of this section, the state forms may be submitted in lieu of the forms set forth in appendix I and appendix II. If a state requires that its form be used in lieu of the form presented in appendix I and appendix II, such form must, at a minimum, collect the information prescribed in appendix I and appendix II.

(d) Owners required to submit notices under paragraph (a) or (b) of this section must provide notices to the appropriate implementing agency for each tank they own. Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of

operation must file a separate notification form for each separate place of operation.

(e) All owners and operators of new UST systems must certify in the notification form compliance with the following requirements:

(1) Installation of tanks and piping under § 280.20(e);

(2) Cathodic protection of steel tanks and piping under § 280.20(a) and (b);

(3) Financial responsibility under subpart H of this part; and

(4) Release detection under §§ 280.41 and 280.42.

(f) All owners and operators of new UST systems must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping complies with the requirements in § 280.20(d).

(g) Beginning October 24, 1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner’s notification obligations under paragraph (a) of this section. The statement provided in appendix III of this part, when used on shipping tickets and invoices, may be used to comply with this requirement.

Subpart C—General Operating Requirements

§ 280.30 Spill and overfill control. (a) Owners and operators must ensure

that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.

Note to paragraph (a). The transfer procedures described in National Fire Protection Association Standard 385, ‘‘Standard for Tank Vehicles for Flammable and Combustible Liquids’’ or American Petroleum Institute Recommended Practice 1007, ‘‘Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles’’ may be used to comply with paragraph (a) of this section. Further guidance on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, ‘‘Bulk Liquid Stock Control at Retail Outlets’’.

(b) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with § 280.53.

§ 280.31 Operation and maintenance of corrosion protection.

All owners and operators of metal UST systems with corrosion protection must comply with the following

requirements to ensure that releases due to corrosion are prevented until the UST system is permanently closed or undergoes a change-in-service pursuant to § 280.71:

(a) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.

(b) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

(1) Frequency. All cathodic protection systems must be tested within 6 months of installation and at least every 3 years thereafter or according to another reasonable time frame established by the implementing agency; and

(2) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with a code of practice developed by a nationally recognized association.

Note to paragraph (b). The following codes of practice may be used to comply with paragraph (b) of this section:

(A) NACE International Test Method TM 0101, ‘‘Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems’’;

(B) NACE International Test Method TM0497, ‘‘Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems’’;

(C) Steel Tank Institute Recommended Practice R051, ‘‘Cathodic Protection Testing Procedures for STI–P3® USTs’’;

(D) NACE International Standard Practice SP 0285, ‘‘External Control of Underground Storage Tank Systems by Cathodic Protection’’; or

(E) NACE International Standard Practice SP 0169, ‘‘Control of External Corrosion on Underground or Submerged Metallic Piping Systems’’.

(c) UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly.

(d) For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with § 280.34) to demonstrate compliance with the performance standards in this section. These records must provide the following:

(1) The results of the last three inspections required in paragraph (c) of this section; and


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(2) The results of testing from the last two inspections required in paragraph (b) of this section.

§ 280.32 Compatibility.

(a) Owners and operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST system.

(b) Owners and operators must notify the implementing agency at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by the implementing agency. In addition, owners and operators with UST systems storing these regulated substances must meet one of the following:

(1) Demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment). Owners and operators may demonstrate compatibility of the UST system by using one of the following options:

(i) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or

(ii) 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 determined by the implementing agency to be no less protective of human health and the environment than the options listed in paragraph (b)(1) of this section. (c) Owners and operators must maintain records in accordance with § 280.34(b) documenting compliance with paragraph (b) of this section for as long as the UST system is used to store the regulated substance.

Note to § 280.32. The following code of practice may be useful in complying with this section: American Petroleum Institute Recommended Practice 1626, ‘‘Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations.’’

§ 280.33 Repairs allowed.

Owners and operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The

repairs must meet the following requirements:

(a) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.

Note to paragraph (a). The following codes of practice may be used to comply with paragraph (a) of this section:

(A) National Fire Protection Association Standard 30, ‘‘Flammable and Combustible Liquids Code’’;

(B) American Petroleum Institute Recommended Practice RP 2200, ‘‘Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines’’;

(C) American Petroleum Institute Recommended Practice RP 1631, ‘‘Interior Lining and Periodic Inspection of Underground Storage Tanks’’;

(D) National Fire Protection Association Standard 326, ‘‘Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair’’;

(E) National Leak Prevention Association Standard 631, Chapter A, ‘‘Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks’’;

(F) Steel Tank Institute Recommended Practice R972, ‘‘Recommended Practice for the Addition of Supplemental Anodes to STI–P3® Tanks’’;

(G) NACE International Standard Practice SP 0285, ‘‘External Control of Underground Storage Tank Systems by Cathodic Protection’’; or

(H) Fiberglass Tank and Pipe Institute Recommended Practice T–95–02, ‘‘Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks’’.

(b) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer’s authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.

(c) Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. Non-corrodible pipes and fittings may be repaired in accordance with the manufacturer’s specifications.

(d) Repairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping must have the secondary containment tested for tightness according to the manufacturer’s instructions, a code of practice developed by a nationally recognized association or independent testing laboratory, or according to requirements established by the implementing agency within 30 days following the date of completion of the repair. All other repairs to tanks and piping must be tightness tested in accordance with § 280.43(c) and

§ 280.44(b) within 30 days following the date of the completion of the repair except as provided in paragraphs (d)(1) through (3) of this section:

(1) The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or

(2) The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in § 280.43(d) through (i); or

(3) Another test method is used that is determined by the implementing agency to be no less protective of human health and the environment than those listed in paragraphs (d)(1) and (2) of this section.

Note to paragraph (d). The following codes of practice may be used to comply with paragraph (d) of this section:

(A) Steel Tank Institute Recommended Practice R012, ‘‘Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks’’; or

(B) Fiberglass Tank and Pipe Institute Protocol, ‘‘Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space’’.

(C) Petroleum Equipment Institute Recommended Practice RP1200, ‘‘Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities’’.

(e) Within 6 months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with § 280.31(b) and (c) to ensure that it is operating properly.

(f) Within 30 days following any repair to spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested or inspected, as appropriate, in accordance with § 280.35 to ensure it is operating properly.

(g) UST system owners and operators must maintain records (in accordance with § 280.34) of each repair until the UST system is permanently closed or undergoes a change-in-service pursuant to § 280.71.

§ 280.34 Reporting and recordkeeping. Owners and operators of UST systems

must cooperate fully with inspections, monitoring and testing conducted by the implementing agency, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Solid Waste Disposal Act, as amended.

(a) Reporting. Owners and operators must submit the following information to the implementing agency:


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(1) Notification for all UST systems (§ 280.22), which includes certification of installation for new UST systems (§ 280.20(e)) and notification when any person assumes ownership of an UST system (§ 280.22(b));

(2) Notification prior to UST systems switching to certain regulated substances (§ 280.32(b));

(3) Reports of all releases including suspected releases (§ 280.50), spills and overfills (§ 280.53), and confirmed releases (§ 280.61);

(4) Corrective actions planned or taken including initial abatement measures (§ 280.62), initial site characterization (§ 280.63), free product removal (§ 280.64), investigation of soil and groundwater cleanup (§ 280.65), and corrective action plan (§ 280.66); and

(5) A notification before permanent closure or change-in-service (§ 280.71).

(b) Recordkeeping. Owners and operators must maintain the following information:

(1) A corrosion expert’s analysis of site corrosion potential if corrosion protection equipment is not used (§ 280.20(a)(4); § 280.20(b)(3)).

(2) Documentation of operation of corrosion protection equipment (§ 280.31(d));

(3) Documentation of compatibility for UST systems (§ 280.32(c));

(4) Documentation of UST system repairs (§ 280.33(g));

(5) Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (§ 280.35(c));

(6) Documentation of periodic walkthrough inspections (§ 280.36(b));

(7) Documentation of compliance with release detection requirements (§ 280.45);

(8) Results of the site investigation conducted at permanent closure (§ 280.74); and

(9) Documentation of operator training (§ 280.245).

(c) Availability and maintenance of records. Owners and operators must keep the records required either:

(1) At the UST site and immediately available for inspection by the implementing agency; or

(2) At a readily available alternative site and be provided for inspection to the implementing agency upon request.

(3) In the case of permanent closure records required under § 280.74, owners and operators are also provided with the additional alternative of mailing closure records to the implementing agency if they cannot be kept at the site or an alternative site as indicated in paragraphs (c)(1) and (2) of this section.

§ 280.35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.

(a) Owners and operators of UST systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping must meet these requirements to ensure the equipment is operating properly and will prevent releases to the environment:

(1) Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) and containment sumps used for interstitial monitoring of piping must prevent releases to the environment by meeting one of the following:

(i) The equipment is double walled and the integrity of both walls is periodically monitored at a frequency not less than the frequency of the walkthrough inspections described in § 280.36. Owners and operators must begin meeting paragraph (a)(1)(ii) of this section and conduct a test within 30 days of discontinuing periodic monitoring of this equipment; or

(ii) The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the following criteria:

(A) Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements);

(B) Code of practice developed by a nationally recognized association or independent testing laboratory; or

(C) Requirements determined by the implementing agency to be no less protective of human health and the environment than the requirements listed in paragraphs (a)(1)(ii)(A) and (B) of this section.

(2) Overfill prevention equipment must be inspected at least once every three years. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in § 280.20(c) and will activate when regulated substance reaches that level. Inspections must be conducted in accordance with one of the criteria in paragraph (a)(1)(ii)(A) through (C) of this section.

Note to paragraphs (a)(1)(ii) and (a)(2). The following code of practice may be used to comply with paragraphs (a)(1)(ii) and (a)(2) of this section: Petroleum Equipment Institute Publication RP1200,

‘‘Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities’’.

(b) Owners and operators must begin meeting these requirements as follows:

(1) For UST systems in use on or before October 13, 2015, the initial spill prevention equipment test, containment sump test and overfill prevention equipment inspection must be conducted not later than October 13, 2018.

(2) For UST systems brought into use after October 13, 2015, these requirements apply at installation.

(c) Owners and operators must maintain records as follows (in accordance with § 280.34) for spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment:

(1) All records of testing or inspection must be maintained for three years; and

(2) For spill prevention equipment and containment sumps used for interstitial monitoring of piping not tested every three years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored.

§ 280.36 Periodic operation and maintenance walkthrough inspections.

(a) To properly operate and maintain UST systems, not later than October 13, 2018 owners and operators must meet one of the following:

(1) Conduct a walkthrough inspection that, at a minimum, checks the following equipment as specified below:

(i) Every 30 days (Exception: spill prevention equipment at UST systems receiving deliveries at intervals greater than every 30 days may be checked prior to each delivery):

(A) Spill prevention equipment— visually check for damage; remove liquid or debris; check for and remove obstructions in the fill pipe; check the fill cap to make sure it is securely on the fill pipe; and, for double walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area; and

(B) Release detection equipment— check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present; and ensure records of release detection testing are reviewed and current; and

(ii) Annually: (A) Containment sumps—visually

check for damage, leaks to the containment area, or releases to the


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environment; remove liquid (in contained sumps) or debris; and, for double walled sumps with interstitial monitoring, check for a leak in the interstitial area; and

(B) Hand held release detection equipment—check devices such as tank gauge sticks or groundwater bailers for operability and serviceability;

(2) Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that checks equipment comparable to paragraph (a)(1) of this section; or

Note to paragraph (a)(2). The following code of practice may be used to comply with paragraph (a)(2) of this section: Petroleum Equipment Institute Recommended Practice RP 900, ‘‘Recommended Practices for the Inspection and Maintenance of UST Systems’’.

(3) Conduct operation and maintenance walkthrough inspections developed by the implementing agency that checks equipment comparable to paragraph (a)(1) of this section.

(b) Owners and operators must maintain records (in accordance with § 280.34) of operation and maintenance walkthrough inspections for one year. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

Subpart D—Release Detection

§ 280.40 General requirements for all UST systems.

(a) Owners and operators of UST systems must provide a method, or combination of methods, of release detection that:

(1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product;

(2) Is installed and calibrated in accordance with the manufacturer’s instructions;

(3) Beginning on October 13, 2018, is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with one of the following: manufacturer’s instructions; a code of practice developed by a nationally recognized association or independent testing laboratory; or requirements determined by the implementing agency to be no less protective of human health and the environment than the two options listed

in paragraphs (a)(1) and (2) of this section. A test of the proper operation must be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria:

(i) Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup;

(ii) Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; test alarm operability and communication with controller;

(iii) Automatic line leak detector: test operation to meet criteria in § 280.44(a) by simulating a leak;

(iv) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and

(v) Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation.

Note to paragraph (a)(3). The following code of practice may be used to comply with paragraph (a)(3) of this section: Petroleum Equipment Institute Publication RP1200, ‘‘Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities’’.

(4) Meets the performance requirements in § 280.43, § 280.44, or subpart K of this part, as applicable, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, the methods listed in § 280.43(b), (c), (d), (h), and (i), § 280.44(a) and (b), and subpart K of this part, must be capable of detecting the leak rate or quantity specified for that method in the corresponding section of the rule with a probability of detection of 0.95 and a probability of false alarm of 0.05.

(b) When a release detection method operated in accordance with the performance standards in § 280.43, § 280.44, or subpart K of this part indicates a release may have occurred, owners and operators must notify the implementing agency in accordance with subpart E of this part.

(c) Any UST system that cannot apply a method of release detection that complies with the requirements of this subpart must complete the closure procedures in subpart G of this part. For previously deferred UST systems described in subparts A and K of this part, this requirement applies after the effective dates described in § 280.10(a)(1)(ii) and (iii) and § 280.251(a).

§ 280.41 Requirements for petroleum UST systems.

Owners and operators of petroleum UST systems must provide release detection for tanks and piping as follows:

(a) Tanks. Tanks must be monitored for releases as follows:

(1) Tanks installed on or before April 11, 2016 must be monitored for releases at least every 30 days using one of the methods listed in § 280.43(d) through (i) except that:

(i) UST systems that meet the performance standards in § 280.20 or § 280.21, and the monthly inventory control requirements in § 280.43(a) or (b), may use tank tightness testing (conducted in accordance with § 280.43(c)) at least every 5 years until 10 years after the tank was installed; and

(ii) Tanks with capacity of 550 gallons or less and tanks with a capacity of 551 to 1,000 gallons that meet the tank diameter criteria in § 280.43(b) may use manual tank gauging (conducted in accordance with § 280.43(b)).

(2) Tanks installed after April 11, 2016 must be monitored for releases at least every 30 days in accordance with § 280.43(g).

(b) Piping. Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one of the following requirements:

(1) Piping installed on or before April 11, 2016 must meet one of the following:

(i) Pressurized piping. Underground piping that conveys regulated substances under pressure must:

(A) Be equipped with an automatic line leak detector conducted in accordance with § 280.44(a); and

(B) Have an annual line tightness test conducted in accordance with § 280.44(b) or have monthly monitoring conducted in accordance with § 280.44(c).

(ii) Suction piping. Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every 3 years and in accordance with § 280.44(b), or use a monthly monitoring method conducted in accordance with § 280.44(c). No release detection is required for suction piping that is designed and constructed to meet the following standards:

(A) The below-grade piping operates at less than atmospheric pressure;

(B) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;


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(C) Only one check valve is included in each suction line;

(D) The check valve is located directly below and as close as practical to the suction pump; and

(E) A method is provided that allows compliance with paragraphs (b)(1)(ii)(B) through (D) of this section to be readily determined.

(2) Piping installed or replaced after April 11, 2016 must meet one of the following:

(i) Pressurized piping must be monitored for releases at least every 30 days in accordance with § 280.43(g) and be equipped with an automatic line leak detector in accordance with § 280.44(a)

(ii) Suction piping must be monitored for releases at least every 30 days in accordance with § 280.43(g). No release detection is required for suction piping that meets paragraphs (b)(1)(ii)(A) through (E) of this section.

§ 280.42 Requirements for hazardous substance UST systems.

Owners and operators of hazardous substance UST systems must provide containment that meets the following requirements and monitor these systems using § 280.43(g) at least every 30 days:

(a) Secondary containment systems must be designed, constructed, and installed to:

(1) Contain regulated substances leaked from the primary containment until they are detected and removed;

(2) Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and

(3) Be checked for evidence of a release at least every 30 days.

Note to paragraph (a). The provisions of 40 CFR 265.193, Containment and Detection of Releases, may be used to comply with these requirements for tanks installed on or before October 13, 2015.

(b) Double walled tanks must be designed, constructed, and installed to:

(1) Contain a leak from any portion of the inner tank within the outer wall; and

(2) Detect the failure of the inner wall. (c) External liners (including vaults)

must be designed, constructed, and installed to:

(1) Contain 100 percent of the capacity of the largest tank within its boundary;

(2) Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and

(3) Surround the tank completely (i.e., it is capable of preventing lateral as well as vertical migration of regulated substances).

(d) Underground piping must be equipped with secondary containment that satisfies the requirements of this section (e.g., trench liners, double walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with § 280.44(a).

(e) For hazardous substance UST systems installed on or before October 13, 2015 other methods of release detection may be used if owners and operators:

(1) Demonstrate to the implementing agency that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in § 280.43(b) through (i) can detect a release of petroleum;

(2) Provide information to the implementing agency on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance, and the characteristics of the UST site; and,

(3) Obtain approval from the implementing agency to use the alternate release detection method before the installation and operation of the new UST system.

§ 280.43 Methods of release detection for tanks.

Each method of release detection for tanks used to meet the requirements of § 280.41 must be conducted in accordance with the following:

(a) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0 percent of flow-through plus 130 gallons on a monthly basis in the following manner:

(1) Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day;

(2) The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth of an inch;

(3) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;

(4) Deliveries are made through a drop tube that extends to within one foot of the tank bottom;

(5) Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn; and

(6) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month.

Note to paragraph (a). Practices described in the American Petroleum Institute Recommended Practice RP 1621, ‘‘Bulk Liquid Stock Control at Retail Outlets’’ may be used, where applicable, as guidance in meeting the requirements of this paragraph (a).

(b) Manual tank gauging. Manual tank gauging must meet the following requirements:

(1) Tank liquid level measurements are taken at the beginning and ending of a period using the appropriate minimum duration of test value in the table below during which no liquid is added to or removed from the tank;

(2) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;

(3) The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth of an inch;

(4) A release is suspected and subject to the requirements of subpart E if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

Nominal tank capacity Minimum

duration of test

Weekly standard (one test)

Monthly standard (four test average)

550 gallons or less .............................................................................................................................. 36 hours ...... 10 gallons .... 5 gallons 551–1,000 gallons (when tank diameter is 64 inches) ....................................................................... 44 hours ...... 9 gallons ...... 4 gallons 551–1,000 gallons (when tank diameter is 48 inches) ....................................................................... 58 hours ...... 12 gallons .... 6 gallons 551–1,000 gallons (also requires periodic tank tightness testing) ..................................................... 36 hours ...... 13 gallons ... 7 gallons 1,001–2,000 gallons (also requires periodic tank tightness testing) .................................................. 36 hours ...... 26 gallons .... 13 gallons


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(5) Tanks of 550 gallons or less nominal capacity and tanks with a nominal capacity of 551 to 1,000 gallons that meet the tank diameter criteria in the table in paragraph (b)(4) of this section may use this as the sole method of release detection. All other tanks with a nominal capacity of 551 to 2,000 gallons may use the method in place of inventory control in § 280.43(a). Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this subpart.

(c) Tank tightness testing. Tank tightness testing (or another test of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

(d) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet the following requirements:

(1) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product;

(2) The automatic tank gauging equipment must meet the inventory control (or other test of equivalent performance) requirements of § 280.43(a); and

(3) The test must be performed with the system operating in one of the following modes:

(i) In-tank static testing conducted at least once every 30 days; or

(ii) Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every 30 days.

(e) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:

(1) The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow diffusion of vapors from releases into the excavation area;

(2) The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank;

(3) The measurement of vapors by the monitoring device is not rendered

inoperative by the groundwater, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days;

(4) The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank;

(5) The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component or components of that substance, or a tracer compound placed in the tank system;

(6) In the UST excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (e)(1) through (4) of this section and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product; and

(7) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

(f) Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements:

(1) The regulated substance stored is immiscible in water and has a specific gravity of less than one;

(2) Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials);

(3) The slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low groundwater conditions;

(4) Monitoring wells shall be sealed from the ground surface to the top of the filter pack;

(5) Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible;

(6) The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth of an inch of free product on top of the groundwater in the monitoring wells;

(7) Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (f)(1) through (5) of this section and to establish the number and positioning of monitoring wells or devices that will

detect releases from any portion of the tank that routinely contains product; and

(8) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

(g) Interstitial monitoring. Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed, and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:

(1) For double walled UST systems, the sampling or testing method can detect a leak through the inner wall in any portion of the tank that routinely contains product;

(2) For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a leak between the UST system and the secondary barrier;

(i) The secondary barrier around or beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable (at least 10¥6 cm/sec for the regulated substance stored) to direct a leak to the monitoring point and permit its detection;

(ii) The barrier is compatible with the regulated substance stored so that a leak from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;

(iii) For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system;

(iv) The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;

(v) The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions; and,

(vi) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

(3) For tanks with an internally fitted liner, an automated device can detect a leak between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

(h) Statistical inventory reconciliation. Release detection methods based on the application of statistical principles to inventory data similar to those described in § 280.43(a) must meet the following requirements:


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(1) Report a quantitative result with a calculated leak rate;

(2) Be capable of detecting a leak rate of 0.2 gallon per hour or a release of 150 gallons within 30 days; and

(3) Use a threshold that does not exceed one-half the minimum detectible leak rate.

(i) Other methods. Any other type of release detection method, or combination of methods, can be used if:

(1) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05; or

(2) The implementing agency may approve another method if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (c) through (h) of this section. In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator must comply with any conditions imposed by the implementing agency on its use to ensure the protection of human health and the environment.

§ 280.44 Methods of release detection for piping.

Each method of release detection for piping used to meet the requirements of § 280.41 must be conducted in accordance with the following:

(a) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector must be conducted in accordance with § 280.40(a)(3).

(b) Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure.

(c) Applicable tank methods. Except as described in § 280.41(a), any of the methods in § 280.43(e) through (i) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

§ 280.45 Release detection recordkeeping. All UST system owners and operators

must maintain records in accordance with § 280.34 demonstrating compliance

with all applicable requirements of this subpart. These records must include the following:

(a) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for 5 years, or for another reasonable period of time determined by the implementing agency, from the date of installation. Not later than October 13, 2018, records of site assessments required under § 280.43(e)(6) and (f)(7) must be maintained for as long as the methods are used. Records of site assessments developed after October 13, 2015 must be signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or other relevant technical discipline acceptable to the implementing agency;

(b) The results of any sampling, testing, or monitoring must be maintained for at least one year, or for another reasonable period of time determined by the implementing agency, except as follows:

(1) The results of annual operation tests conducted in accordance with § 280.40(a)(3) must be maintained for three years. At a minimum, the results must list each component tested, indicate whether each component tested meets criteria in § 280.40(a)(3) or needs to have action taken, and describe any action taken to correct an issue; and

(2) The results of tank tightness testing conducted in accordance with § 280.43(c) must be retained until the next test is conducted; and

(3) The results of tank tightness testing, line tightness testing, and vapor monitoring using a tracer compound placed in the tank system conducted in accordance with § 280.252(d) must be retained until the next test is conducted; and

(c) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site must be maintained for at least one year after the servicing work is completed, or for another reasonable time period determined by the implementing agency. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer must be retained for five years from the date of installation.

Subpart E—Release Reporting, Investigation, and Confirmation

§ 280.50 Reporting of suspected releases. Owners and operators of UST systems

must report to the implementing agency within 24 hours, or another reasonable period specified by the implementing agency, and follow the procedures in § 280.52 for any of the following conditions:

(a) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water).

(b) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, an unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems), unless:

(1) The system equipment or component is found not to be releasing regulated substances to the environment;

(2) Any defective system equipment or component is immediately repaired or replaced; and

(3) For secondarily contained systems, except as provided for in § 280.43(g)(2)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.

(c) Monitoring results, including investigation of an alarm, from a release detection method required under §§ 280.41 and 280.42 that indicate a release may have occurred unless:

(1) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result;

(2) The leak is contained in the secondary containment and:

(i) Except as provided for in § 280.43(g)(2)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and

(ii) Any defective system equipment or component is immediately repaired or replaced;

(3) In the case of inventory control described in § 280.43(a), a second month of data does not confirm the initial result or the investigation determines no release has occurred; or

(4) The alarm was investigated and determined to be a non-release event


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(for example, from a power surge or caused by filling the tank during release detection testing).

§ 280.51 Investigation due to off-site impacts.

When required by the implementing agency, owners and operators of UST systems must follow the procedures in § 280.52 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the implementing agency or brought to its attention by another party.

§ 280.52 Release investigation and confirmation steps.

Unless corrective action is initiated in accordance with subpart F, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under § 280.50 within 7 days, or another reasonable time period specified by the implementing agency, using either the following steps or another procedure approved by the implementing agency:

(a) System test. Owners and operators must conduct tests (according to the requirements for tightness testing in §§ 280.43(c) and 280.44(b) or, as appropriate, secondary containment testing described in § 280.33(d)).

(1) The test must determine whether: (i) A leak exists in that portion of the

tank that routinely contains product, or the attached delivery piping; or

(ii) A breach of either wall of the secondary containment has occurred.

(2) If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the UST system. In addition, owners and operators must begin corrective action in accordance with subpart F of this part if the test results for the system, tank, or delivery piping indicate that a release exists.

(3) Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.

(4) Owners and operators must conduct a site check as described in paragraph (b) of this section if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release.

(b) Site check. Owners and operators must measure for the presence of a release where contamination is most

likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release.

(1) If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin corrective action in accordance with subpart F of this part;

(2) If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.

§ 280.53 Reporting and cleanup of spills and overfills.

(a) Owners and operators of UST systems must contain and immediately clean up a spill or overfill and report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and begin corrective action in accordance with subpart F of this part in the following cases:

(1) Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or another reasonable amount specified by the implementing agency, or that causes a sheen on nearby surface water; and

(2) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR part 302).

Note to paragraph (a). Pursuant to §§ 302.6 and 355.40 of this chapter, a release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National Response Center under sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986.

(b) Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the implementing agency, and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours, or another reasonable time period established by the implementing agency, owners and operators must immediately notify the implementing agency.

Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

§ 280.60 General. Owners and operators of petroleum or

hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this subpart except for USTs excluded under § 280.10(b) and UST systems subject to RCRA Subtitle C corrective action requirements under section 3004(u) of the Resource Conservation and Recovery Act, as amended.

§ 280.61 Initial response. Upon confirmation of a release in

accordance with § 280.52 or after a release from the UST system is identified in any other manner, owners and operators must perform the following initial response actions within 24 hours of a release or within another reasonable period of time determined by the implementing agency:

(a) Report the release to the implementing agency (e.g., by telephone or electronic mail);

(b) Take immediate action to prevent any further release of the regulated substance into the environment; and

(c) Identify and mitigate fire, explosion, and vapor hazards.

§ 280.62 Initial abatement measures and site check.

(a) Unless directed to do otherwise by the implementing agency, owners and operators must perform the following abatement measures:

(1) Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment;

(2) Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and groundwater;

(3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements);

(4) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements;

(5) Measure for the presence of a release where contamination is most


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likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site check required by § 280.52(b) or the closure site assessment of § 280.72(a). In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill, depth to groundwater and other factors as appropriate for identifying the presence and source of the release; and

(6) Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with § 280.64.

(b) Within 20 days after release confirmation, or within another reasonable period of time determined by the implementing agency, owners and operators must submit a report to the implementing agency summarizing the initial abatement steps taken under paragraph (a) of this section and any resulting information or data.

§ 280.63 Initial site characterization.

(a) Unless directed to do otherwise by the implementing agency, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in §§ 280.60 and 280.61. This information must include, but is not necessarily limited to the following:

(1) Data on the nature and estimated quantity of release;

(2) Data from available sources and/or site investigations concerning the following factors: Surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use;

(3) Results of the site check required under § 280.62(a)(5); and

(4) Results of the free product investigations required under § 280.62(a)(6), to be used by owners and operators to determine whether free product must be recovered under § 280.64.

(b) Within 45 days of release confirmation or another reasonable period of time determined by the implementing agency, owners and operators must submit the information collected in compliance with paragraph (a) of this section to the implementing agency in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the

schedule required by the implementing agency.

§ 280.64 Free product removal. At sites where investigations under

§ 280.62(a)(6) indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the implementing agency while continuing, as necessary, any actions initiated under §§ 280.61 through 280.63, or preparing for actions required under §§ 280.65 through 280.66. In meeting the requirements of this section, owners and operators must:

(a) Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges or disposes of recovery byproducts in compliance with applicable local, state, and federal regulations;

(b) Use abatement of free product migration as a minimum objective for the design of the free product removal system;

(c) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

(d) Unless directed to do otherwise by the implementing agency, prepare and submit to the implementing agency, within 45 days after confirming a release, a free product removal report that provides at least the following information:

(1) The name of the person(s) responsible for implementing the free product removal measures;

(2) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

(3) The type of free product recovery system used;

(4) Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;

(5) The type of treatment applied to, and the effluent quality expected from, any discharge;

(6) The steps that have been or are being taken to obtain necessary permits for any discharge; and

(7) The disposition of the recovered free product.

§ 280.65 Investigations for soil and groundwater cleanup.

(a) In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of

dissolved product contamination in the groundwater, owners and operators must conduct investigations of the release, the release site, and the surrounding area possibly affected by the release if any of the following conditions exist:

(1) There is evidence that groundwater wells have been affected by the release (e.g., as found during release confirmation or previous corrective action measures);

(2) Free product is found to need recovery in compliance with § 280.64;

(3) There is evidence that contaminated soils may be in contact with groundwater (e.g., as found during conduct of the initial response measures or investigations required under §§ 280.60 through 280.64); and

(4) The implementing agency requests an investigation, based on the potential effects of contaminated soil or groundwater on nearby surface water and groundwater resources.

(b) Owners and operators must submit the information collected under paragraph (a) of this section as soon as practicable or in accordance with a schedule established by the implementing agency.

§ 280.66 Corrective action plan.

(a) At any point after reviewing the information submitted in compliance with §§ 280.61 through 280.63, the implementing agency may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the implementing agency. Alternatively, owners and operators may, after fulfilling the requirements of §§ 280.61 through 280.63, choose to submit a corrective action plan for responding to contaminated soil and groundwater. In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the implementing agency, and must modify their plan as necessary to meet this standard.

(b) The implementing agency will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the implementing agency should consider the following factors as appropriate:

(1) The physical and chemical characteristics of the regulated


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substance, including its toxicity, persistence, and potential for migration;

(2) The hydrogeologic characteristics of the facility and the surrounding area;

(3) The proximity, quality, and current and future uses of nearby surface water and groundwater;

(4) The potential effects of residual contamination on nearby surface water and groundwater;

(5) An exposure assessment; and (6) Any information assembled in

compliance with this subpart. (c) Upon approval of the corrective

action plan or as directed by the implementing agency, owners and operators must implement the plan, including modifications to the plan made by the implementing agency. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the implementing agency.

(d) Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and groundwater before the corrective action plan is approved provided that they:

(1) Notify the implementing agency of their intention to begin cleanup;

(2) Comply with any conditions imposed by the implementing agency, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(3) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the implementing agency for approval.

§ 280.67 Public participation. (a) For each confirmed release that

requires a corrective action plan, the implementing agency must provide notice to the public by means designed to reach those members of the public directly affected by the release and the planned corrective action. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, or personal contacts by field staff.

(b) The implementing agency must ensure that site release information and decisions concerning the corrective action plan are made available to the public for inspection upon request.

(c) Before approving a corrective action plan, the implementing agency may hold a public meeting to consider comments on the proposed corrective action plan if there is sufficient public interest, or for any other reason.

(d) The implementing agency must give public notice that complies with paragraph (a) of this section if implementation of an approved corrective action plan does not achieve the established cleanup levels in the plan and termination of that plan is under consideration by the implementing agency.

Subpart G—Out-of-Service UST Systems and Closure

§ 280.70 Temporary closure.

(a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with § 280.31, and any release detection in accordance with subparts D and K of this part. Subparts E and F of this part must be complied with if a release is suspected or confirmed. However, release detection and release detection operation and maintenance testing and inspections in subparts C and D of this part are not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system. In addition, spill and overfill operation and maintenance testing and inspections in subpart C of this part are not required.

(b) When an UST system is temporarily closed for 3 months or more, owners and operators must also comply with the following requirements:

(1) Leave vent lines open and functioning; and

(2) Cap and secure all other lines, pumps, manways, and ancillary equipment.

(c) When an UST system is temporarily closed for more than 12 months, owners and operators must permanently close the UST system if it does not meet either performance standards in § 280.20 for new UST systems or the upgrading requirements in § 280.21, except that the spill and overfill equipment requirements do not have to be met. Owners and operators must permanently close the substandard UST systems at the end of this 12-month period in accordance with §§ 280.71 through 280.74, unless the implementing agency provides an extension of the 12-month temporary closure period. Owners and operators must complete a site assessment in accordance with § 280.72 before such an extension can be applied for.

§ 280.71 Permanent closure and changes- in-service.

(a) At least 30 days before beginning either permanent closure or a change-in- service under paragraphs (b) and (c) of this section, or within another reasonable time period determined by the implementing agency, owners and operators must notify the implementing agency of their intent to permanently close or make the change-in-service, unless such action is in response to corrective action. The required assessment of the excavation zone under § 280.72 must be performed after notifying the implementing agency but before completion of the permanent closure or a change-in-service.

(b) To permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently must: be removed from the ground, filled with an inert solid material, or closed in place in a manner approved by the implementing agency.

(c) Continued use of an UST system to store a non-regulated substance is considered a change-in-service. Before a change-in-service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with § 280.72.

Note to § 280.71. The following cleaning and closure procedures may be used to comply with this section:

(A) American Petroleum Institute Recommended Practice RP 1604, ‘‘Closure of Underground Petroleum Storage Tanks’’;

(B) American Petroleum Institute Standard 2015, ‘‘Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning’’;

(C) American Petroleum Institute Recommended Practice 2016, ‘‘Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks’’;

(D) American Petroleum Institute Recommended Practice RP 1631, ‘‘Interior Lining and Periodic Inspection of Underground Storage Tanks,’’ may be used as guidance for compliance with this section;

(E) National Fire Protection Association Standard 326, ‘‘Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair’’; and

(F) National Institute for Occupational Safety and Health Publication 80–106, ‘‘Criteria for a Recommended Standard . . . Working in Confined Space’’ may be used as guidance for conducting safe closure procedures at some hazardous substance tanks.

§ 280.72 Assessing the site at closure or change-in-service.

(a) Before permanent closure or a change-in-service is completed, owners


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and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release. The requirements of this section are satisfied if one of the external release detection methods allowed in § 280.43(e) and (f) is operating in accordance with the requirements in § 280.43 at the time of closure, and indicates no release has occurred.

(b) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under paragraph (a) of this section, or by any other manner, owners and operators must begin corrective action in accordance with subpart F of this part.

§ 280.73 Applicability to previously closed UST systems.

When directed by the implementing agency, the owner and operator of an UST system permanently closed before December 22, 1988 must assess the excavation zone and close the UST system in accordance with this subpart if releases from the UST may, in the judgment of the implementing agency, pose a current or potential threat to human health and the environment.

§ 280.74 Closure records.

Owners and operators must maintain records in accordance with § 280.34 that are capable of demonstrating compliance with closure requirements under this subpart. The results of the excavation zone assessment required in § 280.72 must be maintained for at least three years after completion of permanent closure or change-in-service in one of the following ways:

(a) By the owners and operators who took the UST system out of service;

(b) By the current owners and operators of the UST system site; or

(c) By mailing these records to the implementing agency if they cannot be maintained at the closed facility.

Subpart H—Financial Responsibility

§ 280.90 Applicability.

(a) This subpart applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section.

(b) Owners and operators of petroleum UST systems are subject to

these requirements in accordance with § 280.91.

(c) State and Federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of this subpart.

(d) The requirements of this subpart do not apply to owners and operators of any UST system described in § 280.10(b), (c)(1), (c)(3), or (c)(4).

(e) If the owner and operator of a petroleum underground storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.

§ 280.91 Compliance dates. Owners of petroleum underground

storage tanks must comply with the requirements of this subpart. Previously deferred UST systems must comply with the requirements of this subpart according to the schedule in § 280.251(a).

§ 280.92 Definition of terms. When used in this subpart, the

following terms shall have the meanings given below:

Accidental release means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.

Bodily injury shall have the meaning given to this term by applicable state law; however, this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.

Chief Financial Officer, in the case of local government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the local government.

Controlling interest means direct ownership of at least 50 percent of the voting stock of another entity.

Director of the Implementing Agency means the EPA Regional Administrator, or, in the case of a state with a program approved under section 9004, the Director of the designated state or local agency responsible for carrying out an approved UST program.

Financial reporting year means the latest consecutive twelve-month period for which any of the following reports used to support a financial test is prepared:

(1) A 10–K report submitted to the SEC;

(2) An annual report of tangible net worth submitted to Dun and Bradstreet; or

(3) Annual reports submitted to the Energy Information Administration or the Rural Utilities Service.

Note to the definition of Financial reporting year. ‘‘Financial reporting year’’ may thus comprise a fiscal or a calendar year period.

Legal defense cost is any expense that an owner or operator or provider of financial assurance incurs in defending against claims or actions brought:

(1) By EPA or a state to require corrective action or to recover the costs of corrective action;

(2) By or on behalf of a third party for bodily injury or property damage caused by an accidental release; or

(3) By any person to enforce the terms of a financial assurance mechanism.

Local government shall have the meaning given this term by applicable state law and includes Indian tribes. The term is generally intended to include:

(1) Counties, municipalities, townships, separately chartered and operated special districts (including local government public transit systems and redevelopment authorities), and independent school districts authorized as governmental bodies by state charter or constitution; and

(2) Special districts and independent school districts established by counties, municipalities, townships, and other general purpose governments to provide essential services.

Occurrence means an accident, including continuous or repeated exposure to conditions, which results in a release from an underground storage tank.

Note to the definition of Occurrence. This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of ‘‘occurrence’’ in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of ‘‘occurrence.’’

Owner or operator, when the owner or operator are separate parties, refers to the party that is obtaining or has obtained financial assurances.

Petroleum marketing facilities include all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

Property damage shall have the meaning given this term by applicable state law. This term shall not include those liabilities which, consistent with standard insurance industry practices,


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are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.

Provider of financial assurance means an entity that provides financial assurance to an owner or operator of an underground storage tank through one of the mechanisms listed in §§ 280.95 through 280.107, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state-required mechanism, or a state.

Substantial business relationship means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued ‘‘incident to that relationship’’ if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.

Substantial governmental relationship means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued ‘‘incident to that relationship’’ if it arises from a clear commonality of interest in the event of an UST release such as coterminous boundaries, overlapping constituencies, common groundwater aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

Tangible net worth means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, ‘‘assets’’ means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

Termination under § 280.97(b)(1) and (2) means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date than the retroactive date of the original policy.

§ 280.93 Amount and scope of required financial responsibility.

(a) Owners or operators of petroleum underground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by

accidental releases arising from the operation of petroleum underground storage tanks in at least the following per-occurrence amounts:

(1) For owners or operators of petroleum underground storage tanks that are located at petroleum marketing facilities, or that handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year; $1 million.

(2) For all other owners or operators of petroleum underground storage tanks; $500,000.

(b) Owners or operators of petroleum underground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks in at least the following annual aggregate amounts:

(1) For owners or operators of 1 to 100 petroleum underground storage tanks, $1 million; and

(2) For owners or operators of 101 or more petroleum underground storage tanks, $2 million.

(c) For the purposes of paragraphs (b) and (f) of this section, only, ‘‘a petroleum underground storage tank’’ means a single containment unit and does not mean combinations of single containment units.

(d) Except as provided in paragraph (e) of this section, if the owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for:

(1) Taking corrective action; (2) Compensating third parties for

bodily injury and property damage caused by sudden accidental releases; or

(3) Compensating third parties for bodily injury and property damage caused by nonsudden accidental releases, the amount of assurance provided by each mechanism or combination of mechanisms must be in the full amount specified in paragraphs (a) and (b) of this section.

(e) If an owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum underground storage tanks, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.

(f) Owners or operators shall review the amount of aggregate assurance provided whenever additional petroleum underground storage tanks are acquired or installed. If the number

of petroleum underground storage tanks for which assurance must be provided exceeds 100, the owner or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If assurance is being demonstrated by a combination of mechanisms, the owner or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the first-occurring effective date anniversary of any one of the mechanisms combined (other than a financial test or guarantee) to provide assurance.

(g) The amounts of assurance required under this section exclude legal defense costs.

(h) The required per-occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator.

§ 280.94 Allowable mechanisms and combinations of mechanisms.

(a) Subject to the limitations of paragraphs (b) and (c) of this section:

(1) An owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in §§ 280.95 through 280.103 to demonstrate financial responsibility under this subpart for one or more underground storage tanks; and

(2) A local government owner or operator may use any one or combination of the mechanisms listed in §§ 280.104 through 280.107 to demonstrate financial responsibility under this subpart for one or more underground storage tanks.

(b) An owner or operator may use a guarantee under § 280.96 or surety bond under § 280.98 to establish financial responsibility only if the Attorney(s) General of the state(s) in which the underground storage tanks are located has (have) submitted a written statement to the implementing agency that a guarantee or surety bond executed as described in this section is a legally valid and enforceable obligation in that state.

(c) An owner or operator may use self- insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under this rule, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.

§ 280.95 Financial test of self-insurance. (a) An owner or operator, and/or

guarantor, may satisfy the requirements


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of § 280.93 by passing a financial test as specified in this section. To pass the financial test of self-insurance, the owner or operator, and/or guarantor must meet the criteria of paragraph (b) or (c) of this section based on year-end financial statements for the latest completed fiscal year.

(b)(1) The owner or operator, and/or guarantor, must have a tangible net worth of at least ten times:

(i) The total of the applicable aggregate amount required by § 280.93, based on the number of underground storage tanks for which a financial test is used to demonstrate financial responsibility to EPA under this section or to a state implementing agency under a state program approved by EPA under 40 CFR part 281;

(ii) The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and amount of liability coverage for which a financial test is used to demonstrate financial responsibility to EPA under 40 CFR 264.101, 264.143, 264.145, 265.143, 265.145, 264.147, and 265.147 or to a state implementing agency under a state program authorized by EPA under 40 CFR part 271; and

(iii) The sum of current plugging and abandonment cost estimates for which a financial test is used to demonstrate financial responsibility to EPA under 40 CFR 144.63 or to a state implementing agency under a state program authorized by EPA under 40 CFR part 145.

(2) The owner or operator, and/or guarantor, must have a tangible net worth of at least $10 million.

(3) The owner or operator, and/or guarantor, must have a letter signed by the chief financial officer worded as specified in paragraph (d) of this section.

(4) The owner or operator, and/or guarantor, must either:

(i) File financial statements annually with the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Utilities Service; or

(ii) Report annually the firm’s tangible net worth to Dun and Bradstreet, and Dun and Bradstreet must have assigned the firm a financial strength rating of 4A or 5A.

(5) The firm’s year-end financial statements, if independently audited, cannot include an adverse auditor’s opinion, a disclaimer of opinion, or a ‘‘going concern’’ qualification.

(c)(1) The owner or operator, and/or guarantor must meet the financial test requirements of 40 CFR 264.147(f)(1), substituting the appropriate amounts specified in § 280.93(b)(1) and (2) for the

‘‘amount of liability coverage’’ each time specified in that section.

(2) The fiscal year-end financial statements of the owner or operator, and/or guarantor, must be examined by an independent certified public accountant and be accompanied by the accountant’s report of the examination.

(3) The firm’s year-end financial statements cannot include an adverse auditor’s opinion, a disclaimer of opinion, or a ‘‘going concern’’ qualification.

(4) The owner or operator, and/or guarantor, must have a letter signed by the chief financial officer, worded as specified in paragraph (d) of this section.

(5) If the financial statements of the owner or operator, and/or guarantor, are not submitted annually to the U.S. Securities and Exchange Commission, the Energy Information Administration or the Rural Utilities Service, the owner or operator, and/or guarantor, must obtain a special report by an independent certified public accountant stating that:

(i) He has compared the data that the letter from the chief financial officer specifies as having been derived from the latest year-end financial statements of the owner or operator, and/or guarantor, with the amounts in such financial statements; and

(ii) In connection with that comparison, no matters came to his attention which caused him to believe that the specified data should be adjusted.

(d) To demonstrate that it meets the financial test under paragraph (b) or (c) of this section, the chief financial officer of the owner or operator, or guarantor, must sign, within 120 days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

Letter From Chief Financial Officer I am the chief financial officer of

[insert: name and address of the owner or operator, or guarantor]. This letter is in support of the use of [insert: ‘‘the financial test of self-insurance,’’ and/or ‘‘guarantee’’] to demonstrate financial responsibility for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage’’] caused by [insert: ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] in the amount of at least [insert: dollar amount] per

occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this financial test or a financial test under an authorized State program by this [insert: ‘‘owner or operator,’’ and/or ‘‘guarantor’’]: [List for each facility: the name and address of the facility where tanks assured by this financial test are located, and whether tanks are assured by this financial test or a financial test under a State program approved under 40 CFR part 281. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test or a financial test under a State program authorized under 40 CFR part 281 by the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22 or the corresponding State requirements.]

A [insert: ‘‘financial test,’’ and/or ‘‘guarantee’’] is also used by this [insert: ‘‘owner or operator,’’ or ‘‘guarantor’’] to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 CFR parts 271 and 145:

EPA Regulations Amount

Closure (§§ 264.143 and 265.143) $ll

Post-Closure Care (§§ 264.145 and 265.145) ............................. $ll

Liability Coverage (§§ 264.147 and 265.147) ............................. $ll

Corrective Action (§ 264.101(b)) $ll

Plugging and Abandonment (§ 144.63) .................................. $ll

Closure ......................................... $ll

Post-Closure Care ......................... $ll

Liability Coverage ........................ $ll

Corrective Action ......................... $ll

Plugging and Abandonment ....... $ll

Total ...................................... $ll

This [insert: ‘‘owner or operator,’’ or ‘‘guarantor’’] has not received an adverse opinion, a disclaimer of opinion, or a ‘‘going concern’’ qualification from an independent auditor on his financial statements for the latest completed fiscal year.

[Fill in the information for Alternative I if the criteria of paragraph (b) of § 280.95 are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of paragraph (c) of § 280.95 are being used to demonstrate compliance with the financial test requirements.]


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Alternative I

1. Amount of annual UST aggre-gate coverage being assured by a financial test, and/or guar-antee ......................................... $ll

2. Amount of corrective action, closure and post-closure care costs, liability coverage, and plugging and abandonment costs covered by a financial test, and/or guarantee .............. $ll

3. Sum of lines 1 and 2 ............... $ll

4. Total tangible assets ................ $ll

5. Total liabilities [if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount from this line and add that amount to line 6] ..................... $ll

6. Tangible net worth [subtract line 5 from line 4] .................... $ll

Yes No 7. Is line 6 at least $10 million? l l

8. Is line 6 at least 10 times line 3? ............................................... l l

9. Have financial statements for the latest fiscal year been filed with the Securities and Ex-change Commission? ............... l l

10. Have financial statements for the latest fiscal year been filed with the Energy Information Administration? ....................... l l

11. Have financial statements for the latest fiscal year been filed with the Rural Utilities Serv-ice? ............................................ l l

12. Has financial information been provided to Dun and Bradstreet, and has Dun and Bradstreet provided a financial strength rating of 4A or 5A? [Answer ‘‘Yes’’ only if both criteria have been met.] ........... ................

Alternative II 1. Amount of annual UST aggre-

gate coverage being assured by a test, and/or guarantee ........... $ll

2. Amount of corrective action, closure and post-closure care costs, liability coverage, and plugging and abandonment costs covered by a financial test, and/or guarantee .............. $ll

3. Sum of lines 1 and 2 ............... $ll

4. Total tangible assets ................ $ll

5. Total liabilities [if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount from this line and add that amount to line 6] ..................... $ll

6. Tangible net worth [subtract line 5 from line 4] .................... $ll

7. Total assets in the U.S. [re-quired only if less than 90 per-cent of assets are located in the U.S.] .................................... $ll

Yes No 8. Is line 6 at least $10 million? l l

l l

9. Is line 6 at least 6 times line 3? ............................................... l l

Alternative I

10. Are at least 90 percent of as-sets located in the U.S.? [If ‘‘No,’’ complete line 11.] ......... l l

11. Is line 7 at least 6 times line 3? [Fill in either lines 12–15 or lines 16–18:] ........................ l l

Yes No 12. Current assets ........................ $ll

13. Current liabilities .................. $ll

14. Net working capital [subtract line 13 from line 12] ................ $ll

Yes No 15. Is line 14 at least 6 times

line 3? ....................................... l l

16. Current bond rating of most recent bond issue ..................... l l

17. Name of rating service .......... l l

18. Date of maturity of bond ....... l l

19. Have financial statements for the latest fiscal year been filed with the SEC, the Energy In-formation Administration, or the Rural Utilities Service? ..... l l

[If ‘‘No,’’ please attach a report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines 4–18 above and the financial statements for the latest fiscal year.]

[For both Alternative I and Alternative II complete the certification with this statement.]

I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 280.95(d) as such regulations were constituted on the date shown immediately below. [Signature] [Name] [Title] [Date]

(e) If an owner or operator using the test to provide financial assurance finds that he or she no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator must obtain alternative coverage within 150 days of the end of the year for which financial statements have been prepared.

(f) The Director of the implementing agency may require reports of financial condition at any time from the owner or operator, and/or guarantor. If the Director finds, on the basis of such reports or other information, that the owner or operator, and/or guarantor, no longer meets the financial test requirements of § 280.95(b) or (c) and (d), the owner or operator must obtain alternate coverage within 30 days after notification of such a finding.

(g) If the owner or operator fails to obtain alternate assurance within 150 days of finding that he or she no longer meets the requirements of the financial test based on the year-end financial

statements, or within 30 days of notification by the Director of the implementing agency that he or she no longer meets the requirements of the financial test, the owner or operator must notify the Director of such failure within 10 days.

§ 280.96 Guarantee.

(a) An owner or operator may satisfy the requirements of § 280.93 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be:

(1) A firm that: (i) Possesses a controlling interest in

the owner or operator; (ii) Possesses a controlling interest in

a firm described under paragraph (a)(1)(i) of this section; or,

(iii) Is controlled through stock ownership by a common parent firm that possesses a controlling interest in the owner or operator; or,

(2) A firm engaged in a substantial business relationship with the owner or operator and issuing the guarantee as an act incident to that business relationship.

(b) Within 120 days of the close of each financial reporting year the guarantor must demonstrate that it meets the financial test criteria of § 280.95 based on year-end financial statements for the latest completed financial reporting year by completing the letter from the chief financial officer described in § 280.95(d) and must deliver the letter to the owner or operator. If the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year, within 120 days of the end of that financial reporting year the guarantor shall send by certified mail, before cancellation or nonrenewal of the guarantee, notice to the owner or operator. If the Director of the implementing agency notifies the guarantor that he no longer meets the requirements of the financial test of § 280.95(b) or (c) and (d), the guarantor must notify the owner or operator within 10 days of receiving such notification from the Director. In both cases, the guarantee will terminate no less than 120 days after the date the owner or operator receives the notification, as evidenced by the return receipt. The owner or operator must obtain alternative coverage as specified in § 280.114(e).

(c) The guarantee must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:


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Guarantee Guarantee made this [date] by [name

of guaranteeing entity], a business entity organized under the laws of the state of [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obligees, on behalf of [owner or operator] of [business address].

Recitals. (1) Guarantor meets or exceeds the

financial test criteria of 40 CFR 280.95(b) or (c) and (d) and agrees to comply with the requirements for guarantors as specified in 40 CFR 280.96(b).

(2) [Owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: ‘‘taking corrective action’’ and/ or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert dollar amount] annual aggregate.

(3) [Insert appropriate phrase: ‘‘On behalf of our subsidiary’’ (if guarantor is corporate parent of the owner or operator); ‘‘On behalf of our affiliate’’ (if guarantor is a related firm of the owner or operator); or ‘‘Incident to our business relationship with’’ (if guarantor is providing the guarantee as an incident to a substantial business relationship with owner or operator)] [owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties that:

In the event that [owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the [Director], shall fund a standby trust

fund in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.

In the event that the [Director] determines that [owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall fund a standby trust in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [‘‘sudden’’ and/or ‘‘nonsudden’’] accidental releases arising from the operation of the above- identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall fund a standby trust in accordance with the provisions of 40 CFR 280.112 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

(4) Guarantor agrees that if, at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet the financial test criteria of 40 CFR 280.95(b) or (c) and (d), guarantor shall send within 120 days of such failure, by certified mail, notice to [owner or operator]. The guarantee will terminate 120 days from the date of receipt of the notice by [owner or operator], as evidenced by the return receipt.

(5) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as debtor, within 10 days after commencement of the proceeding.

(6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or operator] pursuant to 40 CFR part 280.

(7) Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt.

(8) The guarantor’s obligation does not apply to any of the following:

(a) Any obligation of [insert owner or operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaded to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily damage or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.

(9) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 280.96(c) as such regulations were constituted on the effective date shown immediately below. Effective date:llllllllllll

[Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] lllllllllllllllllllll

Signature of witness or notary: (d) An owner or operator who uses a

guarantee to satisfy the requirements of § 280.93 must establish a standby trust fund when the guarantee is obtained. Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in accordance with instructions from the Director of the implementing agency under § 280.112. This standby trust fund must meet the requirements specified in § 280.103.

§ 280.97 Insurance and risk retention group coverage.

(a) An owner or operator may satisfy the requirements of § 280.93 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk


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retention group. Such insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

(b) Each insurance policy must be amended by an endorsement worded as specified in paragraph (b)(1) of this section, or evidenced by a certificate of insurance worded as specified in paragraph (b)(2) of this section, except that instructions in brackets must be replaced with the relevant information and the brackets deleted:

(1) Endorsement. Name: [name of each covered location] lllllllllllllllllllll

lllllllllllllllllllll

Address: [address of each covered location]



Policy Number: lllllllllllllllllllll


Period of Coverage: [current policy period]





Address of [Insurer or Risk Retention Group]:



Name of Insured: lllllllllllllllllllll


Address of Insured: lllllllllllllllllllll


Endorsement: 1. This endorsement certifies that the

policy to which the endorsement is attached provides liability insurance covering the following underground storage tanks:

[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.] for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the

type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert the dollar amount of the ‘‘each Occurrence’’ and ‘‘annual aggregate’’ limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/ or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date].

2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions inconsistent with subsections (a) through (e) of this Paragraph 2 are hereby amended to conform with subsections (a) through (e);

a. Bankruptcy or insolvency of the insured shall not relieve the [‘‘Insurer’’ or ‘‘Group’’] of its obligations under the policy to which this endorsement is attached.

b. The [‘‘Insurer’’ or ‘‘Group’’] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured for any such payment made by the [‘‘Insurer’’ or ‘‘Group’’]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95–280.102 and 280.104–280.107.

c. Whenever requested by [a Director of an implementing agency], the [‘‘Insurer’’ or ‘‘Group’’] agrees to furnish to [the Director] a signed duplicate original of the policy and all endorsements.

d. Cancellation or any other termination of the insurance by the [‘‘Insurer’’ or ‘‘Group’’], except for non- payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured. [Insert for claims-made policies:

e. The insurance covers claims otherwise covered by the policy that are reported to the [‘‘Insurer’’ or ‘‘Group’’] within six months of the effective date of cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.]

I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(1) and that the [‘‘Insurer’’ or ‘‘Group’’] is [‘‘licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states’’]. [Signature of authorized representative

of Insurer or Risk Retention Group] [Name of person signing] [Title of person signing], Authorized

Representative of [name of Insurer or Risk Retention Group]

[Address of Representative] (2) Certificate of Insurance.

Name: [name of each covered location] lllllllllllllllllllll


Address: [address of each covered location]



Policy Number: lllllllllllllllllllll


Endorsement (if applicable): lllllllllllllllllllll


Period of Coverage: [current policy period]



Name of [Insurer or Risk Retention Group]:



Address of [Insurer or Risk Retention Group]:



Name of Insured: lllllllllllllllllllll


Address of Insured: lllllllllllllllllllll



Certification: 1. [Name of Insurer or Risk Retention

Group], [the ‘‘Insurer’’ or ‘‘Group’’], as identified above, hereby certifies that it


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has issued liability insurance covering the following underground storage tank(s):

[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.] for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert the dollar amount of the ‘‘each occurrence’’ and ‘‘annual aggregate’’ limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/ or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date].

2. The [‘‘Insurer’’ or ‘‘Group’’] further certifies the following with respect to the insurance described in Paragraph 1:

a. Bankruptcy or insolvency of the insured shall not relieve the [‘‘Insurer’’ or ‘‘Group’’] of its obligations under the policy to which this certificate applies.

b. The [‘‘Insurer’’ or ‘‘Group’’] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured for any such payment made by the [‘‘Insurer’’ or ‘‘Group’’]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95–280.102 and 280.104–280.107.

c. Whenever requested by [a Director of an implementing agency], the [‘‘Insurer’’ or ‘‘Group’’] agrees to furnish to [the Director] a signed duplicate

original of the policy and all endorsements.

d. Cancellation or any other termination of the insurance by the [‘‘Insurer’’ or ‘‘Group’’], except for non- payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured.

[Insert for claims-made policies]: e. The insurance covers claims

otherwise covered by the policy that are reported to the [‘‘Insurer’’ or ‘‘Group’’] within six months of the effective date of cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.]

I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(2) and that the [‘‘Insurer’’ or ‘‘Group’’] is [‘‘licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states’’]. [Signature of authorized representative

of Insurer] [Type name] [Title], Authorized Representative of

[name of Insurer or Risk Retention Group]

[Address of Representative] (c) Each insurance policy must be

issued by an insurer or a risk retention group that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states.

§ 280.98 Surety bond. (a) An owner or operator may satisfy

the requirements of § 280.93 by obtaining a surety bond that conforms to the requirements of this section. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the latest Circular 570 of the U.S. Department of the Treasury.

(b) The surety bond must be worded as follows, except that instructions in

brackets must be replaced with the relevant information and the brackets deleted:

Performance Bond

Date bond executed: lllllllllllllllllllll

Period of coverage: lllllllllllllllllllll

Principal: [legal name and business address of owner or operator]


Type of organization: [insert ‘‘individual,’’ ‘‘joint venture,’’ ‘‘partnership,’’ or ‘‘corporation’’]


State of incorporation (if applicable): lllllllllllllllllllll

Surety(ies): [name(s) and business address(es)]


Scope of Coverage: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility. List the coverage guaranteed by the bond: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’ ‘‘arising from operating the underground storage Tank’’].

Penal sums of bond: Per occurrence $ lllllllllllllllllllll

Annual aggregate $ lllllllllllllllllllll

Surety’s bond number: lllllllllllllllllllll

Know All Persons by These Presents, that we, the Principal and Surety(ies), hereto are firmly bound to [the implementing agency], in the above penal sums for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sums jointly and severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself,


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jointly and severally with the Principal, for the payment of such sums only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sums.

Whereas said Principal is required under Subtitle I of the Solid Waste Disposal Act, as amended, to provide financial assurance for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tanks identified above, and

Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;

Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully [‘‘take corrective action, in accordance with 40 CFR part 280, subpart F and the Director of the state implementing agency’s instructions for,’’ and/or ‘‘compensate injured third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] arising from operating the tank(s) identified above, or if the Principal shall provide alternate financial assurance, as specified in 40 CFR part 280, subpart H, within 120 days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.

Such obligation does not apply to any of the following:




(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.

Upon notification by [the Director of the implementing agency] that the Principal has failed to [‘‘take corrective action, in accordance with 40 CFR part 280, subpart F and the Director’s instructions,’’ and/or ‘‘compensate injured third parties’’] as guaranteed by this bond, the Surety(ies) shall either perform [‘‘corrective action in accordance with 40 CFR part 280 and the Director’s instructions,’’ and/or ‘‘third-party liability compensation’’] or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as directed by [the Regional Administrator or the Director] under 40 CFR 280.112.

Upon notification by [the Director] that the Principal has failed to provide alternate financial assurance within 60 days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that [the Director] has determined or suspects that a release has occurred, the Surety(ies) shall place funds in an amount not exceeding the annual aggregate penal sum into the standby trust fund as directed by [the Director] under 40 CFR 280.112.

The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the annual aggregate to the penal sum shown on the face of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum.

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the Principal, as evidenced by the return receipt.

The Principal may terminate this bond by sending written notice to the Surety(ies).

In Witness Thereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in 40 CFR 280.98(b) as such regulations were constituted on the date this bond was executed.

Principal

[Signature(s)] [Names(s)] [Title(s)] [Corporate seal]

Corporate Surety(ies)

[Name and address] [State of Incorporation: llll] [Liability limit: $ llll] [Signature(s)] [Names(s) and title(s)] [Corporate seal]

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.] Bond premium: $ llll

(c) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. In all cases, the surety’s liability is limited to the per-occurrence and annual aggregate penal sums.

(d) The owner or operator who uses a surety bond to satisfy the requirements of § 280.93 must establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond will be deposited directly into the standby trust fund in accordance with instructions from the Director under § 280.112. This standby trust fund must meet the requirements specified in § 280.103.

§ 280.99 Letter of credit.

(a) An owner or operator may satisfy the requirements of § 280.93 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity that has the authority to issue letters of credit in each state where used and whose letter- of-credit operations are regulated and examined by a federal or state agency.

(b) The letter of credit must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:


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Irrevocable Standby Letter of Credit

[Name and address of issuing institution]

[Name and address of Director(s) of state implementing agency(ies)]

Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. ll in your favor, at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in words] U.S. dollars ($[insert dollar amount]), available upon presentation [insert, if more than one Director of a state implementing agency is a beneficiary, ‘‘by any one of you’’] of

(1) your sight draft, bearing reference to this letter of credit, No. ll and

(2) your signed statement reading as follows: ‘‘I certify that the amount of the draft is payable pursuant to regulations issued under authority of Subtitle I of the Solid Waste Disposal Act, as amended.’’

This letter of credit may be drawn on to cover [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] arising from operating the underground storage tank(s) identified below in the amount of [in words] $[insert dollar amount] per occurrence and [in words] $[insert dollar amount] annual aggregate:

[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.]

The letter of credit may not be drawn on to cover any of the following:




(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by

[insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;


This letter of credit is effective as of [date] and shall expire on [date], but such expiration date shall be automatically extended for a period of [at least the length of the original term] on [expiration date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify [owner or operator] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that [owner or operator] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by [owner or operator], as shown on the signed return receipt.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [owner or operator] in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in 40 CFR 280.99(b) as such regulations were constituted on the date shown immediately below. [Signature(s) and title(s) of official(s) of

issuing institution] [Date]

This credit is subject to [insert ‘‘the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce,’’ or ‘‘the Uniform Commercial Code’’].

(c) An owner or operator who uses a letter of credit to satisfy the requirements of § 280.93 must also establish a standby trust fund when the letter of credit is acquired. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Director of the implementing agency will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Director under § 280.112. This standby trust fund must meet the requirements specified in § 280.103.

(d) The letter of credit must be irrevocable with a term specified by the

issuing institution. The letter of credit must provide that credit be automatically renewed for the same term as the original term, unless, at least 120 days before the current expiration date, the issuing institution notifies the owner or operator by certified mail of its decision not to renew the letter of credit. Under the terms of the letter of credit, the 120 days will begin on the date when the owner or operator receives the notice, as evidenced by the return receipt.

§ 280.100 Use of state-required mechanism.

(a) For underground storage tanks located in a state that does not have an approved program, and where the state requires owners or operators of underground storage tanks to demonstrate financial responsibility for taking corrective action and/or for compensating third parties for bodily injury and property damage, an owner or operator may use a state-required financial mechanism to meet the requirements of § 280.93 if the Regional Administrator determines that the state mechanism is at least equivalent to the financial mechanisms specified in this subpart.

(b) The Regional Administrator will evaluate the equivalency of a state- required mechanism principally in terms of: certainty of the availability of funds for taking corrective action and/ or for compensating third parties; the amount of funds that will be made available; and the types of costs covered. The Regional Administrator may also consider other factors as is necessary.

(c) The state, an owner or operator, or any other interested party may submit to the Regional Administrator a written petition requesting that one or more of the state-required mechanisms be considered acceptable for meeting the requirements of § 280.93. The submission must include copies of the appropriate state statutory and regulatory requirements and must show the amount of funds for corrective action and/or for compensating third parties assured by the mechanism(s). The Regional Administrator may require the petitioner to submit additional information as is deemed necessary to make this determination.

(d) Any petition under this section may be submitted on behalf of all of the state’s underground storage tank owners and operators.

(e) The Regional Administrator will notify the petitioner of his determination regarding the mechanism’s acceptability in lieu of financial mechanisms specified in this


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subpart. Pending this determination, the owners and operators using such mechanisms will be deemed to be in compliance with the requirements of § 280.93 for underground storage tanks located in the state for the amounts and types of costs covered by such mechanisms.

§ 280.101 State fund or other state assurance.

(a) An owner or operator may satisfy the requirements of § 280.93 for underground storage tanks located in a state, where EPA is administering the requirements of this subpart, which assures that monies will be available from a state fund or state assurance program to cover costs up to the limits specified in § 280.93 or otherwise assures that such costs will be paid if the Regional Administrator determines that the state’s assurance is at least equivalent to the financial mechanisms specified in this subpart.

(b) The Regional Administrator will evaluate the equivalency of a state fund or other state assurance principally in terms of: Certainty of the availability of funds for taking corrective action and/ or for compensating third parties; the amount of funds that will be made available; and the types of costs covered. The Regional Administrator may also consider other factors as is necessary.

(c) The state must submit to the Regional Administrator a description of the state fund or other state assurance to be supplied as financial assurance, along with a list of the classes of underground storage tanks to which the funds may be applied. The Regional Administrator may require the state to submit additional information as is deemed necessary to make a determination regarding the acceptability of the state fund or other state assurance. Pending the determination by the Regional Administrator, the owner or operator of a covered class of USTs will be deemed to be in compliance with the requirements of § 280.93 for the amounts and types of costs covered by the state fund or other state assurance.

(d) The Regional Administrator will notify the state of his determination regarding the acceptability of the state’s fund or other assurance in lieu of financial mechanisms specified in this subpart. Within 60 days after the Regional Administrator notifies a state that a state fund or other state assurance is acceptable, the state must provide to each owner or operator for which it is assuming financial responsibility a letter or certificate describing the nature of the state’s assumption of

responsibility. The letter or certificate from the state must include, or have attached to it, the following information: the facility’s name and address and the amount of funds for corrective action and/or for compensating third parties that is assured by the state. The owner or operator must maintain this letter or certificate on file as proof of financial responsibility in accordance with § 280.111(b)(8).

§ 280.102 Trust fund.

(a) An owner or operator may satisfy the requirements of § 280.93 by establishing a trust fund that conforms to the requirements of this section. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the state in which the fund is established.

(b) The wording of the trust agreement must be identical to the wording specified in § 280.103(b)(1), and must be accompanied by a formal certification of acknowledgement as specified in § 280.103(b)(2).

(c) The trust fund, when established, must be funded for the full required amount of coverage, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining required coverage.

(d) If the value of the trust fund is greater than the required amount of coverage, the owner or operator may submit a written request to the Director of the implementing agency for release of the excess.

(e) If other financial assurance as specified in this subpart is substituted for all or part of the trust fund, the owner or operator may submit a written request to the Director of the implementing agency for release of the excess.

(f) Within 60 days after receiving a request from the owner or operator for release of funds as specified in paragraph (d) or (e) of this section, the Director of the implementing agency will instruct the trustee to release to the owner or operator such funds as the Director specifies in writing.

§ 280.103 Standby trust fund.

(a) An owner or operator using any one of the mechanisms authorized by §§ 280.96, 280.98, or 280.99 must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal agency or an

agency of the state in which the fund is established.

(b)(1) The standby trust agreement, or trust agreement, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Trust Agreement

Trust agreement, the ‘‘Agreement,’’ entered into as of [date] by and between [name of the owner or operator], a [name of state] [insert ‘‘corporation,’’ ‘‘partnership,’’ ‘‘association,’’ or ‘‘proprietorship’’], the ‘‘Grantor,’’ and [name of corporate trustee], [insert ‘‘Incorporated in the state of lll ’’ or ‘‘a national bank’’], the ‘‘Trustee.’’

Whereas, the United States Environmental Protection Agency, ‘‘EPA,’’ an agency of the United States Government, has established certain regulations applicable to the Grantor, requiring that an owner or operator of an underground storage tank shall provide assurance that funds will be available when needed for corrective action and third-party compensation for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of the underground storage tank. The attached Schedule A lists the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located that are covered by the [insert ‘‘standby’’ where trust agreement is standby trust agreement] trust agreement.

[Whereas, the Grantor has elected to establish [insert either ‘‘a guarantee,’’ ‘‘surety bond,’’ or ‘‘letter of credit’’] to provide all or part of such financial assurance for the underground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument (This paragraph is only applicable to the standby trust agreement.)];

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee;

Now, therefore, the Grantor and the Trustee agree as follows:

Section 1. Definitions

As used in this Agreement: (a) The term ‘‘Grantor’’ means the

owner or operator who enters into this Agreement and any successors or assigns of the Grantor.

(b) The term ‘‘Trustee’’ means the Trustee who enters into this Agreement and any successor Trustee.


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Section 2. Identification of the Financial Assurance Mechanism

This Agreement pertains to the [identify the financial assurance mechanism, either a guarantee, surety bond, or letter of credit, from which the standby trust fund is established to receive payments (This paragraph is only applicable to the standby trust agreement.)].

Section 3. Establishment of Fund

The Grantor and the Trustee hereby establish a trust fund, the ‘‘Fund,’’ for the benefit of [implementing agency]. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. [The Fund is established initially as a standby to receive payments and shall not consist of any property.] Payments made by the provider of financial assurance pursuant to [the Director of the implementing agency’s] instruction are transferred to the Trustee and are referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor as provider of financial assurance, any payments necessary to discharge any liability of the Grantor established by [the state implementing agency]

Section 4. Payment for [‘‘Corrective Action’’ and/or ‘‘Third-Party Liability Claims’’]

The Trustee shall make payments from the Fund as [the Director of the implementing agency] shall direct, in writing, to provide for the payment of the costs of [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental Releases’’ or ‘‘accidental releases’’] arising from operating the tanks covered by the financial assurance mechanism identified in this Agreement.

The Fund may not be drawn upon to cover any of the following:


(b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of employment by [insert owner or operator];


(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;


The Trustee shall reimburse the Grantor, or other persons as specified by [the Director], from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as [the Director] shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as [the Director] specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.

Section 5. Payments Comprising the Fund

Payments made to the Trustee for the Fund shall consist of cash and securities acceptable to the Trustee.

Section 6. Trustee Management The Trustee shall invest and reinvest

the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiaries and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(i) Securities or other obligations of the Grantor, or any other owner or operator of the tanks, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a–2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;

(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and

(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.

Section 7. Commingling and Investment The Trustee is expressly authorized in

its discretion: (a) To transfer from time to time any

or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and

(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a–1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

Section 8. Express Powers of Trustee

Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;

(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;

(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or


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to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;

(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government; and

(e) To compromise or otherwise adjust all claims in favor of or against the Fund.

Section 9. Taxes and Expenses

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

Section 10. Advice of Counsel

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

Section 11. Trustee Compensation

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.

Section 12. Successor Trustee

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee’s acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of

the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to the Grantor and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.

Section 13. Instructions to the Trustee

All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Schedule B or such other designees as the Grantor may designate by amendment to Schedule B. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor’s orders, requests, and instructions. All orders, requests, and instructions by [the Director of the implementing agency] to the Trustee shall be in writing, signed by [the Director], and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or [the director] hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or [the Director], except as provided for herein.

Section 14. Amendment of Agreement

This Agreement may be amended by an instrument in writing executed by the Grantor and the Trustee, or by the Trustee and [the Director of the implementing agency] if the Grantor ceases to exist.

Section 15. Irrevocability and Termination

Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written direction of the Grantor and the Trustee, or by the Trustee and [the Director of the implementing agency], if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

Section 16. Immunity and Indemnification

The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or [the Director of the implementing agency] issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

Section 17. Choice of Law

This Agreement shall be administered, construed, and enforced according to the laws of the state of [insert name of state], or the Comptroller of the Currency in the case of National Association banks.

Section 18. Interpretation

As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals (if applicable) to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in 40 CFR 280.103(b)(1) as such regulations were constituted on the date written above. [Signature of Grantor] [Name of the Grantor] [Title] Attest: [Signature of Trustee] [Name of the Trustee] [Title] [Seal] [Signature of Witness] [Name of the Witness] [Title] [Seal]

(2) The standby trust agreement, or trust agreement must be accompanied by a formal certification of acknowledgement similar to the following. State requirements may differ on the proper content of this acknowledgment.


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State of lllllllllllllllllllll

County of lllllllllllllllllllll

On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed her/ his name thereto by like order. [Signature of Notary Public] [Name of Notary Public]

(c) The Director of the implementing agency will instruct the trustee to refund the balance of the standby trust fund to the provider of financial assurance if the Director determines that no additional corrective action costs or third-party liability claims will occur as a result of a release covered by the financial assurance mechanism for which the standby trust fund was established.

(d) An owner or operator may establish one trust fund as the depository mechanism for all funds assured in compliance with this rule.

§ 280.104 Local government bond rating test.

(a) A general purpose local government owner or operator and/or local government serving as a guarantor may satisfy the requirements of § 280.93 by having a currently outstanding issue

or issues of general obligation bonds of $1 million or more, excluding refunded obligations, with a Moody’s rating of Aaa, Aa, A, or Baa, or a Standard & Poor’s rating of AAA, AA, A, or BBB. Where a local government has multiple outstanding issues, or where a local government’s bonds are rated by both Moody’s and Standard and Poor’s, the lowest rating must be used to determine eligibility. Bonds that are backed by credit enhancement other than municipal bond insurance may not be considered in determining the amount of applicable bonds outstanding.

(b) A local government owner or operator or local government serving as a guarantor that is not a general-purpose local government and does not have the legal authority to issue general obligation bonds may satisfy the requirements of § 280.93 by having a currently outstanding issue or issues of revenue bonds of $1 million or more, excluding refunded issues, and by also having a Moody’s rating of Aaa, Aa, A, or Baa, or a Standard & Poor’s rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond issued by the local government. Where bonds are rated by both Moody’s and Standard & Poor’s, the lower rating for each bond must be used to determine eligibility. Bonds that are backed by credit enhancement may not be considered in determining the amount of applicable bonds outstanding.

(c) The local government owner or operator and/or guarantor must maintain a copy of its bond rating published within the last 12 months by Moody’s or Standard & Poor’s.

(d) To demonstrate that it meets the local government bond rating test, the chief financial officer of a general purpose local government owner or operator and/or guarantor must sign a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

Letter from Chief Financial Officer

I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage’’] caused by [insert: ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility: the name and address of the facility where tanks are assured by the bond rating test].

The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding bond issues that are being used by [name of local government owner or operator, or guarantor] to demonstrate financial responsibility are as follows:

Issue date Maturity date Outstanding amount Bond rating Rating agency

[Moody’s or Standard & Poor’s]

The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of $1 million. All outstanding general obligation bonds issued by this government that have been rated by Moody’s or Standard & Poor’s are rated as at least investment grade (Moody’s Baa or Standard & Poor’s BBB) based on the most recent ratings published within the last 12 months. Neither rating service has provided notification within the last 12 months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.

I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 280.104(d) as such

regulations were constituted on the date shown immediately below. [Date] [Signature] [Name] [Title]

(e) To demonstrate that it meets the local government bond rating test, the chief financial officer of local government owner or operator and/or guarantor other than a general purpose government must sign a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

Letter from Chief Financial Officer I am the chief financial officer of

[insert: name and address of local government owner or operator, or

guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage’’] caused by [insert: ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s). This local government is not organized to provide general governmental services and does not have the legal authority under state law or constitutional provisions to issue general obligation debt.


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Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility: the name and address of the facility

where tanks are assured by the bond rating test].

The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding

revenue bond issues that are being used by [name of local government owner or operator, or guarantor] to demonstrate financial responsibility are as follows:

Issue date Maturity date Outstanding amount Bond rating Rating agency

[Moody’s or Standard & Poor’s]

The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of $1 million. All outstanding revenue bonds issued by this government that have been rated by Moody’s or Standard & Poor’s are rated as at least investment grade (Moody’s Baa or Standard & Poor’s BBB) based on the most recent ratings published within the last 12 months. The revenue bonds listed are not backed by third-party credit enhancement or insured by a municipal bond insurance company. Neither rating service has provided notification within the last 12 months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.

I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 280.104(e) as such regulations were constituted on the date shown immediately below. [Date] [Signature] [Name] [Title]

(f) The Director of the implementing agency may require reports of financial condition at any time from the local government owner or operator, and/or local government guarantor. If the Director finds, on the basis of such reports or other information, that the local government owner or operator, and/or guarantor, no longer meets the local government bond rating test requirements of § 280.104, the local government owner or operator must obtain alternative coverage within 30 days after notification of such a finding.

(g) If a local government owner or operator using the bond rating test to provide financial assurance finds that it no longer meets the bond rating test requirements, the local government owner or operator must obtain alternative coverage within 150 days of the change in status.

(h) If the local government owner or operator fails to obtain alternate assurance within 150 days of finding that it no longer meets the requirements of the bond rating test or within 30 days of notification by the Director of the

implementing agency that it no longer meets the requirements of the bond rating test, the owner or operator must notify the Director of such failure within 10 days.

§ 280.105 Local government financial test. (a) A local government owner or

operator may satisfy the requirements of § 280.93 by passing the financial test specified in this section. To be eligible to use the financial test, the local government owner or operator must have the ability and authority to assess and levy taxes or to freely establish fees and charges. To pass the local government financial test, the owner or operator must meet the criteria of paragraphs (b)(2) and (3) of this section based on year-end financial statements for the latest completed fiscal year.

(b)(1) The local government owner or operator must have the following information available, as shown in the year-end financial statements for the latest completed fiscal year:

(i) Total revenues. Consists of the sum of general fund operating and non- operating revenues including net local taxes, licenses and permits, fines and forfeitures, revenues from use of money and property, charges for services, investment earnings, sales (property, publications, etc.), intergovernmental revenues (restricted and unrestricted), and total revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity. For purposes of this test, the calculation of total revenues shall exclude all transfers between funds under the direct control of the local government using the financial test (interfund transfers), liquidation of investments, and issuance of debt.

(ii) Total expenditures. Consists of the sum of general fund operating and non- operating expenditures including public safety, public utilities, transportation, public works, environmental protection, cultural and recreational, community development, revenue sharing, employee benefits and compensation, office management, planning and zoning, capital projects, interest payments on debt, payments for

retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues. For purposes of this test, the calculation of total expenditures shall exclude all transfers between funds under the direct control of the local government using the financial test (interfund transfers).

(iii) Local revenues. Consists of total revenues (as defined in paragraph (b)(1)(i) of this section) minus the sum of all transfers from other governmental entities, including all monies received from Federal, state, or local government sources.

(iv) Debt service. Consists of the sum of all interest and principal payments on all long-term credit obligations and all interest-bearing short-term credit obligations. Includes interest and principal payments on general obligation bonds, revenue bonds, notes, mortgages, judgments, and interest bearing warrants. Excludes payments on non-interest-bearing short-term obligations, interfund obligations, amounts owed in a trust or agency capacity, and advances and contingent loans from other governments.

(v) Total funds. Consists of the sum of cash and investment securities from all funds, including general, enterprise, debt service, capital projects, and special revenue funds, but excluding employee retirement funds, at the end of the local government’s financial reporting year. Includes Federal securities, Federal agency securities, state and local government securities, and other securities such as bonds, notes and mortgages. For purposes of this test, the calculation of total funds shall exclude agency funds, private trust funds, accounts receivable, value of real property, and other non-security assets.

(vi) Population consists of the number of people in the area served by the local government.

(2) The local government’s year-end financial statements, if independently audited, cannot include an adverse auditor’s opinion or a disclaimer of opinion. The local government cannot have outstanding issues of general obligation or revenue bonds that are rated as less than investment grade.


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(3) The local government owner or operator must have a letter signed by the chief financial officer worded as specified in paragraph (c) of this section.

(c) To demonstrate that it meets the financial test under paragraph (b) of this section, the chief financial officer of the local government owner or operator, must sign, within 120 days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

Letter From Chief Financial Officer I am the chief financial officer of

[insert: name and address of the owner or operator]. This letter is in support of the use of the local government financial test to demonstrate financial responsibility for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage’’] caused by [insert: ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating [an] underground storage tank[s].

Underground storage tanks at the following facilities are assured by this financial test [List for each facility: the name and address of the facility where tanks assured by this financial test are located. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test by the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22 or the corresponding state requirements.]

This owner or operator has not received an adverse opinion, or a disclaimer of opinion from an independent auditor on its financial statements for the latest completed fiscal year. Any outstanding issues of general obligation or revenue bonds, if rated, have a Moody’s rating of Aaa, Aa, A, or Baa or a Standard and Poor’s rating of AAA, AA, A, or BBB; if rated by both firms, the bonds have a Moody’s rating of Aaa, Aa, A, or Baa and a Standard and Poor’s rating of AAA, AA, A, or BBB.

Worksheet for Municipal Financial Test

Part I: Basic Information

1. Total Revenues a. Revenues (dollars)

Value of revenues excludes liquidation of investments and issuance of debt. Value includes all general fund operating and non-operating revenues, as well as all revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity. b. Subtract interfund transfers (dollars)c. Total Revenues (dollars)

2. Total Expenditures

a. Expenditures (dollars) Value consists of the sum of general

fund operating and non-operating expenditures including interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues. b. Subtract interfund transfers (dollars)llll

c. Total Expenditures (dollars)

3. Local Revenues

a. Total Revenues (from 1c) (dollars)llll

b. Subtract total intergovernmental transfers (dollars)llll

c. Local Revenues (dollars)llll

4. Debt Service

a. Interest and fiscal charges (dollars) llll

b. Add debt retirement (dollars)llll

c. Total Debt Service (dollars)llll

5. Total Funds (Dollars)llll (Sum of amounts held as cash and investment securities from all funds, excluding amounts held for employee retirement funds, agency funds, and trust funds)

6. Population (Persons)llll

Part II: Application of Test

7. Total Revenues to Population

a. Total Revenues (from 1c)llll

b. Population (from 6)llll

c. Divide 7a by 7bllll

d. Subtract 417llll

e. Divide by 5,212llll

f. Multiply by 4.095llll

8. Total Expenses to Population

a. Total Expenses (from 2c)llll

b. Population (from 6) llll


d. Subtract 524llll



9. Local Revenues to Total Revenues

a. Local Revenues (from 3c)llll

b. Total Revenues (from 1c)llll


d. Subtract .695llll

e. Divide by .205llll


10. Debt Service to Population

a. Debt Service (from 4c)llll



d. Subtract 51llll


f. Multiply by ¥1.866llll

11. Debt Service to Total Revenues

a. Debt Service (from 4c)llll





f. Multiply by ¥3.533llll

12. Total Revenues to Total Expenses

a. Total Revenues (from 1c)llll

b. Total Expenses (from 2c)llll





13. Funds Balance to Total Revenues

a. Total Funds (from 5)llll




e. Divide by 9.156llll


14. Funds Balance to Total Expenses


b. Total Expenses (from 2c)llll



e. Divide by 6.409llll


15. Total Funds to Populationllll




d. Subtract 270llll



16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937llll

I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that


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the wording of this letter is identical to the wording specified in 40 CFR 280.105(c) as such regulations were constituted on the date shown immediately below. [Date] [Signature] [Name] [Title]

(d) If a local government owner or operator using the test to provide financial assurance finds that it no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator must obtain alternative coverage within 150 days of the end of the year for which financial statements have been prepared.

(e) The Director of the implementing agency may require reports of financial condition at any time from the local government owner or operator. If the Director finds, on the basis of such reports or other information, that the local government owner or operator no longer meets the financial test requirements of § 280.105(b) and (c), the owner or operator must obtain alternate coverage within 30 days after notification of such a finding.

(f) If the local government owner or operator fails to obtain alternate assurance within 150 days of finding that it no longer meets the requirements of the financial test based on the year- end financial statements or within 30 days of notification by the Director of the implementing agency that it no longer meets the requirements of the financial test, the owner or operator must notify the Director of such failure within 10 days.

§ 280.106 Local government guarantee.

(a) A local government owner or operator may satisfy the requirements of § 280.93 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be either the state in which the local government owner or operator is located or a local government having a ‘‘substantial governmental relationship’’ with the owner and operator and issuing the guarantee as an act incident to that relationship. A local government acting as the guarantor must:

(1) Demonstrate that it meets the bond rating test requirement of § 280.104 and deliver a copy of the chief financial officer’s letter as contained in § 280.104(d) and (e) to the local government owner or operator; or

(2) Demonstrate that it meets the worksheet test requirements of § 280.105 and deliver a copy of the chief financial officer’s letter as contained in

§ 280.105(c) to the local government owner or operator; or

(3) Demonstrate that it meets the local government fund requirements of § 280.107(a), (b), or (c) and deliver a copy of the chief financial officer’s letter as contained in § 280.107 to the local government owner or operator.

(b) If the local government guarantor is unable to demonstrate financial assurance under any of §§ 280.104, 280.105, or 280.107(a), (b), or (c), at the end of the financial reporting year, the guarantor shall send by certified mail, before cancellation or non-renewal of the guarantee, notice to the owner or operator. The guarantee will terminate no less than 120 days after the date the owner or operator receives the notification, as evidenced by the return receipt. The owner or operator must obtain alternative coverage as specified in § 280.114(e).

(c) The guarantee agreement must be worded as specified in paragraph (d) or (e) of this section, depending on which of the following alternative guarantee arrangements is selected:

(1) If, in the default or incapacity of the owner or operator, the guarantor guarantees to fund a standby trust as directed by the Director of the implementing agency, the guarantee shall be worded as specified in paragraph (d) of this section.

(2) If, in the default or incapacity of the owner or operator, the guarantor guarantees to make payments as directed by the Director of the implementing agency for taking corrective action or compensating third parties for bodily injury and property damage, the guarantee shall be worded as specified in paragraph (e) of this section.

(d) If the guarantor is a state, the local government guarantee with standby trust must be worded exactly as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

Local Government Guarantee With Standby Trust Made by a State

Guarantee made this [date] by [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obliges, on behalf of [local government owner or operator].

Recitals

(1) Guarantor is a state. (2) [Local government owner or

operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the

tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR part 280 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert dollar amount] annual aggregate.

(3) Guarantor guarantees to [implementing agency] and to any and all third parties that:

In the event that [local government owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the [Director] shall fund a standby trust fund in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.

In the event that the [Director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall fund a standby trust fund in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [‘‘sudden’’ and/or ‘‘nonsudden’’] accidental releases arising from the operation of the above- identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall fund a standby trust in accordance with the provisions


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of 40 CFR 280.112 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.



(6) Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt.


(a) Any obligation of [local government owner or operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert: local government owner or operator] arising from, and in the course of, employment by [insert: local government owner or operator];


(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily damage or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.

(8) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local government owner or operator],

I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 280.106(d)

as such regulations were constituted on the effective date shown immediately below. Effective date: [Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] Signature of witness or notary:

If the guarantor is a local government, the local government guarantee with standby trust must be worded exactly as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

Local Government Guarantee With Standby Trust Made by a Local Government

Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obliges, on behalf of [local government owner or operator].

Recitals (1) Guarantor meets or exceeds [select

one: the local government bond rating test requirements of 40 CFR 280.104, the local government financial test requirements of 40 CFR 280.105, or the local government fund under 40 CFR 280.107(a), 280.107(b), or 280.107(c)].

(2) [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR part 280 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: ‘‘taking corrective action’’ and/ or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental Releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental Releases’’; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert: dollar amount] annual aggregate.

(3) Incident to our substantial governmental relationship with [local

government owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties that:

In the event that [local government owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the [Director] shall fund a standby trust fund in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.

In the event that the [Director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall fund a standby trust fund in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [‘‘sudden’’ and/or ‘‘nonsudden’’] accidental releases arising from the operation of the above- identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall fund a standby trust in accordance with the provisions of 40 CFR 280.112 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

(4) Guarantor agrees that, if at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), guarantor shall send within 120 days of such failure, by certified mail, notice to [local government owner or operator], as evidenced by the return receipt.


(6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any


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obligation of [owner or operator] pursuant to 40 CFR part 280.

(7) Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt.


(a) Any obligation of [local government owner or operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;




(e) Bodily damage or property damage for which [insert: owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.

(9) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local government owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 280.106(d) as such regulations were constituted on the effective date shown immediately below. Effective date: [Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] Signature of witness or notary:

(e) If the guarantor is a state, the local government guarantee without standby trust must be worded exactly as follows, except that instructions in brackets are

to be replaced with relevant information and the brackets deleted:

Local Government Guarantee Without Standby Trust Made by a State

Guarantee made this [date] by [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obliges, on behalf of [local government owner or operator].

Recitals (1) Guarantor is a state. (2) [Local government owner or

operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR part 280 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate.

(3) Guarantor guarantees to [implementing agency] and to any and all third parties and obliges that:

In the event that [local government owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon written instructions from the [Director] shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

In the event that the [Director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part

280, subpart F, the guarantor upon written instructions from the [Director] shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [‘‘sudden’’ and/or ‘‘nonsudden’’] accidental releases arising from the operation of the above- identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.



(6) Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.


(a) Any obligation of [local government owner or operator] under a workers’ compensation disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert local government owner or operator] arising from, and in the course of, employment by [insert: local government owner or operator];


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(8) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local government owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 280.106(e) as such regulations were constituted on the effective date shown immediately below. Effective date: [Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] Signature of witness or notary:

If the guarantor is a local government, the local government guarantee without standby trust must be worded exactly as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

Local Government Guarantee Without Standby Trust Made by a Local Government

Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obliges, on behalf of [local government owner or operator].

Recitals

(1) Guarantor meets or exceeds [select one: the local government bond rating test requirements of 40 CFR 280.104, the local government financial test requirements of 40 CFR 280.105, the local government fund under 40 CFR 280.107(a), 280.107(b), or 280.107(c)].

(2) [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and

address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR part 280 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate.

(3) Incident to our substantial governmental relationship with [local government owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties and obliges that:

In the event that [local government owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon written instructions from the [Director] shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

In the event that the [Director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [‘‘sudden’’ and/or ‘‘nonsudden’’] accidental releases arising from the operation of the above- identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise

from such injury or damage, the guarantor, upon written instructions from the [Director], shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

(4) Guarantor agrees that if at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), guarantor shall send within 120 days of such failure, by certified mail, notice to [local government owner or operator], as evidenced by the return receipt.



(7) Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.


(a) Any obligation of [local government owner or operator] under a workers’ compensation disability benefits, or unemployment compensation law or other similar law;



(d) Property damage to any property owned, rented, loaned to, in the care,


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custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;


(9) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local government owner or operator],

I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 280.106(e) as such regulations were constituted on the effective date shown immediately below. Effective date: [Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] Signature of witness or notary:

§ 280.107 Local government fund. A local government owner or operator

may satisfy the requirements of § 280.93 by establishing a dedicated fund account that conforms to the requirements of this section. Except as specified in paragraph (b) of this section, a dedicated fund may not be commingled with other funds or otherwise used in normal operations. A dedicated fund will be considered eligible if it meets one of the following requirements:

(a) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order to pay for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks and is funded for the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage; or

(b) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order as a contingency fund for general emergencies, including taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks, and is funded for five times the full amount of coverage required under

§ 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage. If the fund is funded for less than five times the amount of coverage required under § 280.93, the amount of financial responsibility demonstrated by the fund may not exceed one-fifth the amount in the fund; or

(c) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance or order to pay for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks. A payment is made to the fund once every year for seven years until the fund is fully- funded. This seven year period is hereafter referred to as the ‘‘pay-in- period.’’ The amount of each payment must be determined by this formula:

Where TF is the total required financial assurance for the owner or operator, CF is the current amount in the fund, and Y is the number of years remaining in the pay-in-period; and,

(1) The local government owner or operator has available bonding authority, approved through voter referendum (if such approval is necessary prior to the issuance of bonds), for an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund. This bonding authority shall be available for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks; or

(2) The local government owner or operator has a letter signed by the appropriate state attorney general stating that the use of the bonding authority will not increase the local government’s debt beyond the legal debt ceilings established by the relevant state laws. The letter must also state that prior voter approval is not necessary before use of the bonding authority.

(d) To demonstrate that it meets the requirements of the local government fund, the chief financial officer of the local government owner or operator and/or guarantor must sign a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

Letter from Chief Financial Officer

I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial responsibility for [insert: ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage’’] caused by [insert: ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases’’] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this local government fund mechanism: [List for each facility: The name and address of the facility where tanks are assured by the local government fund].

[Insert: ‘‘The local government fund is funded for the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage.’’ or ‘‘The local government fund is funded for five times the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanisms(s) that provide the remaining coverage,’’ or ‘‘A payment is made to the fund once every year for seven years until the fund is fully- funded and [name of local government owner or operator] has available bonding authority, approved through voter referendum, of an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund’’ or ‘‘A payment is made to the fund once every year for seven years until the fund is fully-funded and I have attached a letter signed by the State Attorney General stating that (1) the use of the bonding authority will not increase the local government’s debt beyond the legal debt ceilings established by the relevant state laws and (2) that prior voter approval is not necessary before use of the bonding authority’’].

The details of the local government fund are as follows:

Amount in Fund (market value of fund at close of last fiscal year):

[If fund balance is incrementally funded as specified in § 280.107(c), insert:

VerDate Sep<11>2014 21:53 Jul 14, 2015 Jkt 235001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4700 E:\FR\FM\15JYR2.SGM 15JYR2 ER

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Amount added to fund in the most recently completed fiscal year:

Number of years remaining in the pay- in-period: llll]

A copy of the state constitutional provision, or local government statute, charter, ordinance or order dedicating the fund is attached.

I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 280.107(d) as such regulations were constituted on the date shown immediately below. [Date] [Signature] [Name] [Title]

§ 280.108 Substitution of financial assurance mechanisms by owner or operator.

(a) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subpart, provided that at all times he maintains an effective financial assurance mechanism or combination of mechanisms that satisfies the requirements of § 280.93.

(b) After obtaining alternate financial assurance as specified in this subpart, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance.

§ 280.109 Cancellation or nonrenewal by a provider of financial assurance.

(a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator.

(1) Termination of a local government guarantee, a guarantee, a surety bond, or a letter of credit may not occur until 120 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

(2) Termination of insurance or risk retention coverage, except for non- payment or misrepresentation by the insured, or state-funded assurance may not occur until 60 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt. Termination for non-payment of premium or misrepresentation by the insured may not occur until a minimum of 10 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

(b) If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of the

provider as specified in § 280.114, the owner or operator must obtain alternate coverage as specified in this section within 60 days after receipt of the notice of termination. If the owner or operator fails to obtain alternate coverage within 60 days after receipt of the notice of termination, the owner or operator must notify the Director of the implementing agency of such failure and submit:

(1) The name and address of the provider of financial assurance;

(2) The effective date of termination; and

(3) The evidence of the financial assistance mechanism subject to the termination maintained in accordance with § 280.111(b).

§ 280.110 Reporting by owner or operator. (a) An owner or operator must submit

the appropriate forms listed in § 280.111(b) documenting current evidence of financial responsibility to the Director of the implementing agency:

(1) Within 30 days after the owner or operator identifies a release from an underground storage tank required to be reported under § 280.53 or § 280.61;

(2) If the owner or operator fails to obtain alternate coverage as required by this subpart, within 30 days after the owner or operator receives notice of:

(i) Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of financial assurance as a debtor;

(ii) Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism;

(iii) Failure of a guarantor to meet the requirements of the financial test;

(iv) Other incapacity of a provider of financial assurance; or

(3) As required by §§ 280.95(g) and 280.109(b).

(b) An owner or operator must certify compliance with the financial responsibility requirements of this part as specified in the new tank notification form when notifying the appropriate state or local agency of the installation of a new underground storage tank under § 280.22.

(c) The Director of the Implementing Agency may require an owner or operator to submit evidence of financial assurance as described in § 280.111(b) or other information relevant to compliance with this subpart at any time.

§ 280.111 Recordkeeping. (a) Owners or operators must

maintain evidence of all financial assurance mechanisms used to

demonstrate financial responsibility under this subpart for an underground storage tank until released from the requirements of this subpart under § 208.113. An owner or operator must maintain such evidence at the underground storage tank site or the owner’s or operator’s place of work. Records maintained off-site must be made available upon request of the implementing agency.

(b) An owner or operator must maintain the following types of evidence of financial responsibility:

(1) An owner or operator using an assurance mechanism specified in §§ 280.95 through 280.100 or § 280.102 or §§ 280.104 through 280.107 must maintain a copy of the instrument worded as specified.

(2) An owner or operator using a financial test or guarantee, or a local government financial test or a local government guarantee supported by the local government financial test must maintain a copy of the chief financial officer’s letter based on year-end financial statements for the most recent completed financial reporting year. Such evidence must be on file no later than 120 days after the close of the financial reporting year.

(3) An owner or operator using a guarantee, surety bond, or letter of credit must maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

(4) A local government owner or operator using a local government guarantee under § 280.106(d) must maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

(5) A local government owner or operator using the local government bond rating test under § 280.104 must maintain a copy of its bond rating published within the last twelve months by Moody’s or Standard & Poor’s.

(6) A local government owner or operator using the local government guarantee under § 280.106, where the guarantor’s demonstration of financial responsibility relies on the bond rating test under § 280.104 must maintain a copy of the guarantor’s bond rating published within the last twelve months by Moody’s or Standard & Poor’s.

(7) An owner or operator using an insurance policy or risk retention group coverage must maintain a copy of the signed insurance policy or risk retention group coverage policy, with the endorsement or certificate of insurance and any amendments to the agreements.

(8) An owner or operator covered by a state fund or other state assurance must maintain on file a copy of any


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evidence of coverage supplied by or required by the state under § 280.101(d).

(9) An owner or operator using a local government fund under § 280.107 must maintain the following documents:

(i) A copy of the state constitutional provision or local government statute, charter, ordinance, or order dedicating the fund; and

(ii) Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund. If the fund is established under § 280.107(c) using incremental funding backed by bonding authority, the financial statements must show the previous year’s balance, the amount of funding during the year, and the closing balance in the fund.

(iii) If the fund is established under § 280.107(c) using incremental funding backed by bonding authority, the owner or operator must also maintain documentation of the required bonding authority, including either the results of a voter referendum (under § 280.107(c)(1)), or attestation by the State Attorney General as specified under § 280.107(c)(2).

(10) A local government owner or operator using the local government guarantee supported by the local government fund must maintain a copy of the guarantor’s year-end financial statements for the most recent completed financial reporting year showing the amount of the fund.

(11)(i) An owner or operator using an assurance mechanism specified in §§ 280.95 through 280.107 must maintain an updated copy of a certification of financial responsibility worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Certification of Financial Responsibility

[Owner or operator] hereby certifies that it is in compliance with the requirements of subpart H of 40 CFR part 280.

The financial assurance mechanism(s) used to demonstrate financial responsibility under subpart H of 40 CFR part 280 is (are) as follows:

[For each mechanism, list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage and whether the mechanism covers ‘‘taking corrective action’’ and/or ‘‘compensating third parties for bodily injury and property damage caused by’’ either ‘‘sudden accidental releases’’ or ‘‘nonsudden accidental releases’’ or ‘‘accidental releases.’’] [Signature of owner or operator]

[Name of owner or operator] [Title] [Date] [Signature of witness or notary] [Name of witness or notary] [Date]

(ii) The owner or operator must update this certification whenever the financial assurance mechanism(s) used to demonstrate financial responsibility change(s).

§ 280.112 Drawing on financial assurance mechanisms.

(a) Except as specified in paragraph (d) of this section, the Director of the implementing agency shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the Director, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if:

(1)(i) The owner or operator fails to establish alternate financial assurance within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial assurance mechanism; and

(ii) The Director determines or suspects that a release from an underground storage tank covered by the mechanism has occurred and so notifies the owner or operator or the owner or operator has notified the Director pursuant to subparts E or F of a release from an underground storage tank covered by the mechanism; or

(2) The conditions of paragraph (b)(1) or (b)(2)(i) or (ii) of this section are satisfied.

(b) The Director of the implementing agency may draw on a standby trust fund when:

(1) The Director makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under subpart F of this part; or

(2) The Director has received either: (i) Certification from the owner or

operator and the third-party liability claimant(s) and from attorneys representing the owner or operator and the third-party liability claimant(s) that a third-party liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Certification of Valid Claim The undersigned, as principals and as

legal representatives of [insert: owner or

operator] and [insert: name and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage caused by an accidental release arising from operating [owner’s or operator’s] underground storage tank should be paid in the amount of $[_]. [Signatures] Owner or Operator Attorney for Owner or Operator (Notary) Date [Signatures] Claimant(s) Attorney(s) for Claimant(s) (Notary) Date or

(ii) A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from an underground storage tank covered by financial assurance under this subpart and the Director determines that the owner or operator has not satisfied the judgment.

(c) If the Director of the implementing agency determines that the amount of corrective action costs and third-party liability claims eligible for payment under paragraph (b) of this section may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The Director shall pay third-party liability claims in the order in which the Director receives certifications under paragraph (b)(2)(i) of this section, and valid court orders under paragraph (b)(2)(ii) of this section.

(d) A governmental entity acting as guarantor under § 280.106(e), the local government guarantee without standby trust, shall make payments as directed by the Director under the circumstances described in § 280.112(a), (b), and (c).

§ 280.113 Release from the requirements. An owner or operator is no longer

required to maintain financial responsibility under this subpart for an underground storage tank after the tank has been permanently closed or undergoes a change-in-service or, if corrective action is required, after corrective action has been completed and the tank has been permanently closed or undergoes a change-in-service as required by subpart G of this part.

§ 280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

(a) Within 10 days after commencement of a voluntary or


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involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator must notify the Director of the implementing agency by certified mail of such commencement and submit the appropriate forms listed in § 280.111(b) documenting current financial responsibility.

(b) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing financial assurance as debtor, such guarantor must notify the owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in § 280.96.

(c) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a local government owner or operator as debtor, the local government owner or operator must notify the Director of the implementing agency by certified mail of such commencement and submit the appropriate forms listed in § 280.111(b) documenting current financial responsibility.

(d) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing a local government financial assurance as debtor, such guarantor must notify the local government owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in § 280.106.

(e) An owner or operator who obtains financial assurance by a mechanism other than the financial test of self- insurance will be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or state-required mechanism. The owner or operator must obtain alternate financial assurance as specified in this subpart within 30 days after receiving notice of such an event. If the owner or operator does not obtain alternate coverage within 30 days after such notification, he must notify the Director of the implementing agency.

(f) Within 30 days after receipt of notification that a state fund or other state assurance has become incapable of paying for assured corrective action or third-party compensation costs, the

owner or operator must obtain alternate financial assurance.

§ 280.115 Replenishment of guarantees, letters of credit, or surety bonds.

(a) If at any time after a standby trust is funded upon the instruction of the Director of the implementing agency with funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage required, the owner or operator shall by the anniversary date of the financial mechanism from which the funds were drawn:

(1) Replenish the value of financial assurance to equal the full amount of coverage required; or

(2) Acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

(b) For purposes of this section, the full amount of coverage required is the amount of coverage to be provided by § 280.93. If a combination of mechanisms was used to provide the assurance funds which were drawn upon, replenishment shall occur by the earliest anniversary date among the mechanisms.

§ 280.116 Suspension of enforcement. [Reserved]

Subpart I—Lender Liability

§ 280.200 Definitions. (a) UST technical standards, as used

in this subpart, refers to the UST preventative and operating requirements under subparts B, C, D, G, J, and K of this part and § 280.50.

(b) Petroleum production, refining, and marketing. (1) Petroleum production means the production of crude oil or other forms of petroleum (as defined in § 280.12) as well as the production of petroleum products from purchased materials.

(2) Petroleum refining means the cracking, distillation, separation, conversion, upgrading, and finishing of refined petroleum or petroleum products.

(3) Petroleum marketing means the distribution, transfer, or sale of petroleum or petroleum products for wholesale or retail purposes.

(c) Indicia of ownership means evidence of a secured interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. Evidence of such interests

include, but are not limited to, mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (hereinafter ‘‘lease financing transaction’’), and legal or equitable title obtained pursuant to foreclosure. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership.

(d) A holder is a person who, upon the effective date of this regulation or in the future, maintains indicia of ownership (as defined in § 280.200(c)) primarily to protect a security interest (as defined in § 280.200(f)(1)) in a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located. A holder includes the initial holder (such as a loan originator); any subsequent holder (such as a successor- in-interest or subsequent purchaser of the security interest on the secondary market); a guarantor of an obligation, surety, or any other person who holds ownership indicia primarily to protect a security interest; or a receiver or other person who acts on behalf or for the benefit of a holder.

(e) A borrower, debtor, or obligor is a person whose UST or UST system or facility or property on which the UST or UST system is located is encumbered by a security interest. These terms may be used interchangeably.

(f) Primarily to protect a security interest means that the holder’s indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation.

(1) Security interest means an interest in a petroleum UST or UST system or in the facility or property on which a petroleum UST or UST system is located, created or established for the purpose of securing a loan or other obligation. Security interests include but are not limited to mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in an UST or UST system or in the facility or property on which the UST or UST system is located, for the


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purpose of securing a loan or other obligation.

(2) Primarily to protect a security interest, as used in this subpart, does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as protection for a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why any ownership indicia are held must be as protection for a security interest.

(g) Operation means, for purposes of this subpart, the use, storage, filling, or dispensing of petroleum contained in an UST or UST system.

§ 280.210 Participation in management. The term ‘‘participating in the

management of an UST or UST system’’ means that, subsequent to the effective date of this subpart, December 6, 1995, the holder is engaging in decisionmaking control of, or activities related to, operation of the UST or UST system, as defined herein.

(a) Actions that are participation in management. (1) Participation in the management of an UST or UST system means, for purposes of this subpart, actual participation by the holder in the management or control of decisionmaking related to the operation of an UST or UST system. Participation in management does not include the mere capacity or ability to influence or the unexercised right to control UST or UST system operations. A holder is participating in the management of the UST or UST system only if the holder either:

(i) Exercises decisionmaking control over the operational (as opposed to financial or administrative) aspects of the UST or UST system, such that the holder has undertaken responsibility for all or substantially all of the management of the UST or UST system; or

(ii) Exercises control at a level comparable to that of a manager of the borrower’s enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decisionmaking of the enterprise with respect to all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise.

(2) Operational aspects of the enterprise relate to the use, storage, filling, or dispensing of petroleum contained in an UST or UST system, and include functions such as that of a facility or plant manager, operations manager, chief operating officer, or chief

executive officer. Financial or administrative aspects include functions such as that of a credit manager, accounts payable/receivable manager, personnel manager, controller, chief financial officer, or similar functions. Operational aspects of the enterprise do not include the financial or administrative aspects of the enterprise, or actions associated with environmental compliance, or actions undertaken voluntarily to protect the environment in accordance with applicable requirements in this part or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281.

(b) Actions that are not participation in management pre-foreclosure. (1) Actions at the inception of the loan or other transaction. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management within the meaning of this subpart. A prospective holder who undertakes or requires an environmental investigation (which could include a site assessment, inspection, and/or audit) of the UST or UST system or facility or property on which the UST or UST system is located (in which indicia of ownership are to be held), or requires a prospective borrower to clean up contamination from the UST or UST system or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the management of the UST or UST system or facility or property on which the UST or UST system is located.

(2) Loan policing and work out. Actions that are consistent with holding ownership indicia primarily to protect a security interest do not constitute participation in management for purposes of this subpart. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all such activities up to foreclosure, exclusive of any activities that constitute participation in management.

(i) Policing the security interest or loan. (A) A holder who engages in policing activities prior to foreclosure

will remain within the exemption provided that the holder does not together with other actions participate in the management of the UST or UST system as provided in § 280.210(a). Such policing actions include, but are not limited to, requiring the borrower to clean up contamination from the UST or UST system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, rules, and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the UST or UST system or facility or property on which the UST or UST system is located (including on-site inspections) in which indicia of ownership are maintained, or the borrower’s business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations, or promises from the borrower).

(B) Policing activities also include undertaking by the holder of UST environmental compliance actions and voluntary environmental actions taken in compliance with this part, provided that the holder does not otherwise participate in the management or daily operation of the UST or UST system as provided in § 280.210(a) and § 280.230. Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of an UST or UST system, UST upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable requirements in this part or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such action considered to be participating in the management of the UST or UST system.

(ii) Loan work out. A holder who engages in work out activities prior to foreclosure will remain within the exemption provided that the holder does not together with other actions participate in the management of the UST or UST system as provided in § 280.210(a). For purposes of this rule, ‘‘work out’’ refers to those actions by which a holder, at any time prior to


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foreclosure, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or to preserve, or prevent the diminution of, the value of the security. Work out activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.

(c) Foreclosure on an UST or UST system or facility or property on which an UST or UST system is located, and participation in management activities post-foreclosure.

(1) Foreclosure. (i) Indicia of ownership that are held primarily to protect a security interest include legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. For purposes of this subpart, the term ‘‘foreclosure’’ means that legal, marketable or equitable title or deed has been issued, approved, and recorded, and that the holder has obtained access to the UST, UST system, UST facility, and property on which the UST or UST system is located, provided that the holder acted diligently to acquire marketable title or deed and to gain access to the UST, UST system, UST facility, and property on which the UST or UST system is located. The indicia of ownership held after foreclosure continue to be maintained primarily as protection for a security interest provided that the holder undertakes to sell, re-lease an UST or UST system or facility or property on which the UST or UST system is located, held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of the UST or UST system or facility or property on which the UST or UST system is located, in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the UST or UST system or facility or property on which the UST or UST system is located, taking all facts and circumstances into consideration, and provided that the holder does not participate in management (as defined

in § 280.210(a)) prior to or after foreclosure.

(ii) For purposes of establishing that a holder is seeking to sell, re-lease pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest in a reasonably expeditious manner an UST or UST system or facility or property on which the UST or UST system is located, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the UST or UST system or facility or property on which the UST or UST system is located, or may employ the means specified in § 280.210(c)(2). A holder that outbids, rejects, or fails to act upon a written bona fide, firm offer of fair consideration for the UST or UST system or facility or property on which the UST or UST system is located, as provided in § 280.210(c)(2), is not considered to hold indicia of ownership primarily to protect a security interest.

(2) Holding foreclosed property for disposition and liquidation. A holder, who does not participate in management prior to or after foreclosure, may sell, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), an UST or UST system or facility or property on which the UST or UST system is located, liquidate, wind up operations, and take measures, prior to sale or other disposition, to preserve, protect, or prepare the secured UST or UST system or facility or property on which the UST or UST system is located. A holder may also arrange for an existing or new operator to continue or initiate operation of the UST or UST system. The holder may conduct these activities without voiding the security interest exemption, subject to the requirements of this subpart.

(i) A holder establishes that the ownership indicia maintained after foreclosure continue to be held primarily to protect a security interest by, within 12 months following foreclosure, listing the UST or UST system or the facility or property on which the UST or UST system is located, with a broker, dealer, or agent who deals with the type of property in question, or by advertising the UST or UST system or facility or property on which the UST or UST system is located, as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the UST or UST system or facility or property on which the UST or UST system is located, or a newspaper of general circulation

(defined as one with a circulation over 10,000, or one suitable under any applicable federal, state, or local rules of court for publication required by court order or rules of civil procedure) covering the location of the UST or UST system or facility or property on which the UST or UST system is located. For purposes of this provision, the 12- month period begins to run from December 6, 1995 or from the date that the marketable title or deed has been issued, approved and recorded, and the holder has obtained access to the UST, UST system, UST facility and property on which the UST or UST system is located, whichever is later, provided that the holder acted diligently to acquire marketable title or deed and to obtain access to the UST, UST system, UST facility and property on which the UST or UST system is located. If the holder fails to act diligently to acquire marketable title or deed or to gain access to the UST or UST system, the 12-month period begins to run from December 6, 1995 or from the date on which the holder first acquires either title to or possession of the secured UST or UST system, or facility or property on which the UST or UST system is located, whichever is later.

(ii) A holder that outbids, rejects, or fails to act upon an offer of fair consideration for the UST or UST system or the facility or property on which the UST or UST system is located, establishes by such outbidding, rejection, or failure to act, that the ownership indicia in the secured UST or UST system or facility or property on which the UST or UST system is located are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner.

(A) Fair consideration, in the case of a holder maintaining indicia of ownership primarily to protect a senior security interest in the UST or UST system or facility or property on which the UST or UST system is located, is the value of the security interest as defined in this section. The value of the security interest includes all debt and costs incurred by the security interest holder, and is calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure, plus any unpaid interest, rent, or penalties


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(whether arising before or after foreclosure). The value of the security interest also includes all reasonable and necessary costs, fees, or other charges incurred by the holder incident to work out, foreclosure, retention, preserving, protecting, and preparing, prior to sale, the UST or UST system or facility or property on which the UST or UST system is located, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), of an UST or UST system or facility or property on which the UST or UST system is located, or other disposition. The value of the security interest also includes environmental investigation costs (which could include a site assessment, inspection, and/or audit of the UST or UST system or facility or property on which the UST or UST system is located), and corrective action costs incurred under §§ 280.51 through 280.67 or any other costs incurred as a result of reasonable efforts to comply with any other applicable federal, state or local law or regulation; less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower (if not already applied to the borrower’s obligations) subsequent to the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests plus the value of the security interest held by the junior holder, each calculated as set forth in this paragraph (c).

(B) Outbids, rejects, or fails to act upon an offer of fair consideration means that the holder outbids, rejects, or fails to act upon within 90 days of receipt, a written, bona fide, firm offer of fair consideration for the UST or UST system or facility or property on which the UST or UST system is located received at any time after six months following foreclosure, as defined in § 280.210(c). A ‘‘written, bona fide, firm offer’’ means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed UST or UST system or facility or property on which the UST or UST system is located, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the holder’s satisfaction the ability to perform. For purposes of this provision, the six-month period begins to run from December 6, 1995 or from the date that

marketable title or deed has been issued, approved and recorded to the holder, and the holder has obtained access to the UST, UST system, UST facility and property on which the UST or UST system is located, whichever is later, provided that the holder was acting diligently to acquire marketable title or deed and to obtain access to the UST or UST system, UST facility and property on which the UST or UST system is located. If the holder fails to act diligently to acquire marketable title or deed or to gain access to the UST or UST system, the six-month period begins to run from December 6, 1995 or from the date on which the holder first acquires either title to or possession of the secured UST or UST system, or facility or property on which the UST or UST system is located, whichever is later.

(3) Actions that are not participation in management post-foreclosure. A holder is not considered to be participating in the management of an UST or UST system or facility or property on which the UST or UST system is located when undertaking actions under this part, provided that the holder does not otherwise participate in the management or daily operation of the UST or UST system as provided in § 280.210(a) and § 280.230. Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of an UST or UST system, UST upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable requirements in this part or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such action considered to be participating in the management of the UST or UST system.

§ 280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.

Ownership of an UST or UST system or facility or property on which an UST or UST system is located. A holder is not an ‘‘owner’’ of a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located for purposes of compliance

with the UST technical standards as defined in § 280.200(a), the UST corrective action requirements under §§ 280.51 through 280.67, and the UST financial responsibility requirements under §§ 280.90 through 280.111, provided the person:

(a) Does not participate in the management of the UST or UST system as defined in § 280.210; and

(b) Does not engage in petroleum production, refining, and marketing as defined in § 280.200(b).

§ 280.230 Operating an underground storage tank or underground storage tank system.

(a) Operating an UST or UST system prior to foreclosure. A holder, prior to foreclosure, as defined in § 280.210(c), is not an ‘‘operator’’ of a petroleum UST or UST system for purposes of compliance with the UST technical standards as defined in § 280.200(a), the UST corrective action requirements under §§ 280.51 through 280.67, and the UST financial responsibility requirements under §§ 280.90 through 280.111, provided that, after December 6, 1995, the holder is not in control of or does not have responsibility for the daily operation of the UST or UST system.

(b) Operating an UST or UST system after foreclosure. The following provisions apply to a holder who, through foreclosure, as defined in § 280.210(c), acquires a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located.

(1) A holder is not an ‘‘operator’’ of a petroleum UST or UST system for purposes of compliance with this part if there is an operator, other than the holder, who is in control of or has responsibility for the daily operation of the UST or UST system, and who can be held responsible for compliance with applicable requirements of this part or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281.

(2) If another operator does not exist, as provided for under paragraph (b)(1) of this section, a holder is not an ‘‘operator’’ of the UST or UST system, for purposes of compliance with the UST technical standards as defined in § 280.200(a), the UST corrective action requirements under §§ 280.51 through 280.67, and the UST financial responsibility requirements under §§ 280.90 through 280.111, provided that the holder:

(i) Empties all of its known USTs and UST systems within 60 calendar days


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after foreclosure or within 60 calendar days after December 6, 1995, whichever is later, or another reasonable time period specified by the implementing agency, so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment; and

(ii) Empties those USTs and UST systems that are discovered after foreclosure within 60 calendar days after discovery or within 60 calendar days after December 6, 1995, whichever is later, or another reasonable time period specified by the implementing agency, so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment.

(3) If another operator does not exist, as provided for under paragraph (b)(1) of this section, in addition to satisfying the conditions under paragraph (b)(2) of this section, the holder must either:

(i) Permanently close the UST or UST system in accordance with §§ 280.71 through 280.74, except § 280.72(b); or

(ii) Temporarily close the UST or UST system in accordance with the following applicable provisions of § 280.70:

(A) Continue operation and maintenance of corrosion protection in accordance with § 280.31;

(B) Report suspected releases to the implementing agency; and

(C) Conduct a site assessment in accordance with § 280.72(a) if the UST system is temporarily closed for more than 12 months and the UST system does not meet either the performance standards in § 280.20 for new UST systems or the upgrading requirements in § 280.21, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the implementing agency. For purposes of this provision, the 12-month period begins to run from December 6, 1995 or from the date on which the UST system is emptied and secured under paragraph (b)(2) of this section, whichever is later.

(4) The UST system can remain in temporary closure until a subsequent purchaser has acquired marketable title to the UST or UST system or facility or property on which the UST or UST system is located. Once a subsequent purchaser acquires marketable title to the UST or UST system or facility or property on which the UST or UST

system is located, the purchaser must decide whether to operate or close the UST or UST system in accordance with applicable requirements in this part or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281.

Subpart J—Operator Training

§ 280.240 General requirement for all UST systems.

Not later than October 13, 2018, all owners and operators of UST systems must ensure they have designated Class A, Class B, and Class C operators who meet the requirements of this subpart.

§ 280.241 Designation of Class A, B, and C operators.

UST system owners and operators must designate:

(a) At least one Class A and one Class B operator for each UST or group of USTs at a facility; and

(b) Each individual who meets the definition of Class C operator at the UST facility as a Class C operator.

§ 280.242 Requirements for operator training.

UST system owners and operators must ensure Class A, Class B, and Class C operators meet the requirements of this section. Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to the operator class in which the individual is designated.

(a) Class A operators. Each designated Class A operator must either be trained in accordance with paragraphs (a)(1) and (2) of this section or pass a comparable examination in accordance with paragraph (e) of this section.

(1) At a minimum, the training program for the Class A operator must provide general knowledge of the requirements in this paragraph (a). At a minimum, the training must teach the Class A operators, as applicable, about the purpose, methods, and function of:

(i) Spill and overfill prevention; (ii) Release detection; (iii) Corrosion protection; (iv) Emergency response; (v) Product and equipment

compatibility and demonstration; (vi) Financial responsibility; (vii) Notification and storage tank

registration; (viii) Temporary and permanent

closure; (ix) Related reporting, recordkeeping,

testing, and inspections; (x) Environmental and regulatory

consequences of releases; and

(xi) Training requirements for Class B and Class C operators.

(2) At a minimum, the training program must evaluate Class A operators to determine these individuals have the knowledge and skills to make informed decisions regarding compliance and determine whether appropriate individuals are fulfilling the operation, maintenance, and recordkeeping requirements for UST systems in accordance with paragraph (a)(1) of this section.

(b) Class B operators. Each designated Class B operator must either receive training in accordance with paragraphs (b)(1) and (2) of this section or pass a comparable examination, in accordance with paragraph (e) of this section.

(1) At a minimum, the training program for the Class B operator must cover either: general requirements that encompass all regulatory requirements and typical equipment used at UST facilities; or site-specific requirements which address only the regulatory requirements and equipment specific to the facility. At a minimum, the training program for Class B operators must teach the Class B operator, as applicable, about the purpose, methods, and function of:

(i) Operation and maintenance; (ii) Spill and overfill prevention; (iii) Release detection and related

reporting; (iv) Corrosion protection; (v) Emergency response; (vi) Product and equipment

compatibility and demonstration; (vii) Reporting, recordkeeping, testing,

and inspections; (viii) Environmental and regulatory

consequences of releases; and (ix) Training requirements for Class C

operators. (2) At a minimum, the training

program must evaluate Class B operators to determine these individuals have the knowledge and skills to implement applicable UST regulatory requirements in the field on the components of typical UST systems or, as applicable, site-specific equipment used at an UST facility in accordance with paragraph (b)(1) of this section.

(c) Class C operators. Each designated Class C operator must either: be trained by a Class A or Class B operator in accordance with paragraphs (c)(1) and (2) of this section; complete a training program in accordance with paragraphs (c)(1) and (2) of this section; or pass a comparable examination, in accordance with paragraph (e) of this section.

(1) At a minimum, the training program for the Class C operator must teach the Class C operators to take appropriate actions (including notifying


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appropriate authorities) in response to emergencies or alarms caused by spills or releases resulting from the operation of the UST system.

(2) At a minimum, the training program must evaluate Class C operators to determine these individuals have the knowledge and skills to take appropriate action (including notifying appropriate authorities) in response to emergencies or alarms caused by spills or releases from an underground storage tank system.

(d) Training program. Any training program must meet the minimum requirements of this section and include an evaluation through testing, a practical demonstration, or another approach acceptable to the implementing agency.

(e) Comparable examination. A comparable examination must, at a minimum, test the knowledge of the Class A, Class B, or Class C operators in accordance with the requirements of paragraphs (a), (b), or (c) of this section, as applicable.

§ 280.243 Timing of operator training. (a) An owner and operator must

ensure that designated Class A, Class B, and Class C operators meet the requirements in § 280.242 not later than October 13, 2018.

(b) Class A and Class B operators designated after October 13, 2018 must meet requirements in § 280.242 within 30 days of assuming duties.

(c) Class C operators designated after October 13, 2018 must be trained before assuming duties of a Class C operator.

§ 280.244 Retraining. Class A and Class B operators of UST

systems determined by the implementing agency to be out of compliance must complete a training program or comparable examination in accordance with requirements in § 280.242. The training program or comparable examination must be developed or administered by an

independent organization, the implementing agency, or a recognized authority. At a minimum, the training must cover the area(s) determined to be out of compliance. UST system owners and operators must ensure Class A and Class B operators are retrained pursuant to this section no later than 30 days from the date the implementing agency determines the facility is out of compliance except in one of the following situations:

(a) Class A and Class B operators take annual refresher training. Refresher training for Class A and Class B operators must cover all applicable requirements in § 280.242, or

(b) The implementing agency, at its discretion, waives this retraining requirement for either the Class A or Class B operator or both.

§ 280.245 Documentation.

Owners and operators of underground storage tank systems must maintain a list of designated Class A, Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, have been completed, in accordance with § 280.34 as follows:

(a) The list must: (1) Identify all Class A, Class B, and

Class C operators currently designated for the facility; and

(2) Include names, class of operator trained, date assumed duties, date each completed initial training, and any retraining.

(b) Records verifying completion of training or retraining must be a paper or electronic record for Class A, Class B, and Class C operators. The records, at a minimum, must identify name of trainee, date trained, operator training class completed, and list the name of the trainer or examiner and the training company name, address, and telephone number. Owners and operators must maintain these records for as long as Class A, Class B, and Class C operators are designated. The following

requirements also apply to the following types of training:

(1) Records from classroom or field training programs (including Class C operator training provided by the Class A or Class B operator) or a comparable examination must, at a minimum, be signed by the trainer or examiner;

(2) Records from computer based training must, at a minimum, indicate the name of the training program and web address, if Internet based; and

(3) Records of retraining must include those areas on which the Class A or Class B operator has been retrained.

Subpart K—UST Systems with Field- Constructed Tanks and Airport Hydrant Fuel Distribution Systems

§ 280.250 Definitions.

For purposes of this subpart, the following definitions apply:

Airport hydrant fuel distribution system (also called airport hydrant system) means an UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

Field-constructed tank means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed.

§ 280.251 General requirements.

(a) Implementation of requirements. Owners and operators must comply with the requirements of this part for UST systems with field-constructed tanks and airport hydrant systems as follows:

(1) For UST systems installed on or before October 13, 2015 the requirements are effective according to the following schedule:

Requirement Effective date

Upgrading UST systems; general operating requirements; and operator training ............................................................... October 13, 2018. Release detection .................................................................................................................................................................. October 13, 2018. Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in

paragraph (b) of this section).October 13, 2015.

(2) For UST systems installed after October 13, 2015, the requirements apply at installation.

(b) Not later than October 13, 2018, all owners of previously deferred UST systems must submit a one-time notice of tank system existence to the implementing agency, using the form in

appendix I of this part or a state form in accordance with § 280.22(c). Owners and operators of UST systems in use as of October 13, 2015 must demonstrate financial responsibility at the time of submission of the notification form.

(c) Except as provided in § 280.252, owners and operators must comply with

the requirements of subparts A through H and J of this part.

(d) In addition to the codes of practice listed in § 280.20, owners and operators may use military construction criteria, such as Unified Facilities Criteria (UFC) 3–460–01, Petroleum Fuel Facilities, when designing, constructing, and


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installing airport hydrant systems and UST systems with field-constructed tanks.

§ 280.252 Additions, exceptions, and alternatives for UST systems with field- constructed tanks and airport hydrant systems.

(a) Exception to piping secondary containment requirements. Owners and operators may use single walled piping when installing or replacing piping associated with UST systems with field- constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with field- constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced.

(b) Upgrade requirements. Not later than October 13, 2018, airport hydrant systems and UST systems with field- constructed tanks where installation commenced on or before October 13, 2015 must meet the following requirements or be permanently closed pursuant to subpart G of this part.

(1) Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances must meet one of the following:

(i) Except as provided in paragraph (a) of this section, the new UST system performance standards for tanks at § 280.20(a) and for piping at § 280.20(b); or

(ii) Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory and meets the following:

(A) Cathodic protection must meet the requirements of § 280.20(a)(2)(ii), (iii), and (iv) for tanks, and § 280.20(b)(2)(ii), (iii), and (iv) for piping.

(B) Tanks greater than 10 years old without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment must be by internal inspection or another method determined by the implementing agency to adequately assess the tank for structural soundness and corrosion holes.

Note to paragraph (b). The following codes of practice may be used to comply with this paragraph (b):

(A) NACE International Standard Practice SP 0285, ‘‘External Control of Underground Storage Tank Systems by Cathodic Protection’’;

(B) NACE International Standard Practice SP 0169, ‘‘Control of External Corrosion on Underground or Submerged Metallic Piping Systems’’;

(C) National Leak Prevention Association Standard 631, Chapter C, ‘‘Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection’’; or

(D) American Society for Testing and Materials Standard G158, ‘‘Standard Guide for Three Methods of Assessing Buried Steel Tanks’’.

(2) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with field-constructed tanks and airport hydrant systems must comply with new UST system spill and overfill prevention equipment requirements specified in § 280.20(c).

(c) Walkthrough inspections. In addition to the walkthrough inspection requirements in § 280.36, owners and operators must inspect the following additional areas for airport hydrant systems at least once every 30 days if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR part 1910) is not required or at least annually if confined space entry is required and keep documentation of the inspection according to § 280.36(b).

(1) Hydrant pits—visually check for any damage; remove any liquid or debris; and check for any leaks, and

(2) Hydrant piping vaults—check for any hydrant piping leaks.

(d) Release detection. Owners and operators of UST systems with field- constructed tanks and airport hydrant systems must begin meeting the release detection requirements described in this subpart not later than October 13, 2018.

(1) Methods of release detection for field-constructed tanks. Owners and operators of field-constructed tanks with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in subpart D of this part. Owners and operators of field- constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in subpart D (except § 280.43(e) and (f) must be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:

(i) Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;

(ii) Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour. This method must be combined

with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years;

(iii) Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years;

(iv) Perform vapor monitoring (conducted in accordance with § 280.43(e) for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

(v) Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow- through; and

(A) Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every two years; or

(B) Perform vapor monitoring or groundwater monitoring (conducted in accordance with § 280.43(e) or (f), respectively, for the stored regulated substance) at least every 30 days; or

(vi) Another method approved by the implementing agency if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (d)(1)(i) through (v) of this section. In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability of detection.

(2) Methods of release detection for piping. Owners and operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the release detection requirements in subpart D of this part. Owners and operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons must follow either the requirements in subpart D (except § 280.43(e) and (f) must be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:

(i)(A) Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the table below.


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MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Test section volume (gallons)

Semiannual test—leak

detection rate not to exceed (gallons per

hour)

Annual test— leak detection

rate not to exceed

(gallons per hour)

<50,000 .................................................................................................................................................................. 1.0 0 .5 ≥50,000 to <75,000 ............................................................................................................................................... 1.5 0 .75 ≥75,000 to <100,000 ............................................................................................................................................. 2.0 1 .0 ≥100,000 ................................................................................................................................................................ 3.0 1 .5

(B) Piping segment volumes ≥100,000 gallons not capable of meeting the

maximum 3.0 gallon per hour leak rate for the semiannual test may be tested at

a leak rate up to 6.0 gallons per hour according to the following schedule:

PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME

First test ............................... Not later than October 13, 2018 (may use up to 6.0 gph leak rate). Second test .......................... Between October 13, 2018 and October 13, 2021 (may use up to 6.0 gph leak rate). Third test .............................. Between October 13, 2021 and October 13, 2022 (must use 3.0 gph for leak rate). Subsequent tests ................. After October 13, 2022, begin using semiannual or annual line testing according to the Maximum Leak Detection

Rate Per Test Section Volume table above.

(ii) Perform vapor monitoring (conducted in accordance with § 280.43(e) for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

(iii) Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow- through; and

(A) Perform a line tightness test (conducted in accordance with paragraph (d)(2)(i) of this section using the leak rates for the semiannual test) at least every two years; or

(B) Perform vapor monitoring or groundwater monitoring (conducted in accordance with § 280.43(e) or (f), respectively, for the stored regulated substance) at least every 30 days; or

(iv) Another method approved by the implementing agency if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (d)(2)(i) through (iii) of this section. In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability of detection.

(3) Recordkeeping for release detection. Owners and operators must maintain release detection records

according to the recordkeeping requirements in § 280.45.

(e) Applicability of closure requirements to previously closed UST systems. When directed by the implementing agency, the owner and operator of an UST system with field- constructed tanks or airport hydrant system permanently closed before October 13, 2015 must assess the excavation zone and close the UST system in accordance with subpart G of this part if releases from the UST may, in the judgment of the implementing agency, pose a current or potential threat to human health and the environment.


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Appendix I to Part 280—Notification for Underground Storage Tanks (Forms)


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&EPA United States

Environmental Protection Agency Washington, DC 20460

OMB Control No. 2050-0068 Approval expires XX/XX/XX

Notification for Underground Storage Tanks

Implementing Agency Name And Address:

(previously deferred

Number of tanks at facility What USTs Are Included? An UST system is defined as any one or combination of tanks that is used to contain an accumulation of regulated

~IG!mNiiuCm3!lbe~rio]fDc~o~nEtin3u~a~t~io~n~s~h!e!et~sialtilta~c!hledmiJili3i!jr.1iml• substances, and whose volume (including connected underground piping) is 10 percent or more beneath the ground. Regulated USTs store petroleum or hazardous substances (see What Substances Are Covered below). This includes UST systems with field-constructed tanks and airport hydrant fuel Please type or print in ink. Also, be sure you have signatures in ink

for sections VIII and XI. Complete a notification form for each location containing underground storage tanks. If more than 5 tanks are owned at this location, you may photocopy pages 3 through 6 and use them for additional tanks.

The primary purpose of this notification form is to provide infomnation about the installation, existence, changes to, and closure of underground storage tank systems (USTs) that store or have stored petroleum or hazardous substances. The infomnation you provide will be based on reasonably available records, or in the absence of such records, your knowledge or recollection.

Federal law requires UST ownens to use this notification form for all USTs storing regulated substances that are brought into use after May 8, 1986, or USTs in the ground as of May 8, 1986 that have stored regulated substances at any time since January 1, 1974. The infonmation requested is required by Section 9002 of the Solid Waste Disposal Act (SWDA), as amended.

Who Must Notify? 40 CFR part 280, as amended, requires owners of USTs that store regulated substances (unless exempted) to notify implementing agencies of the existence of their USTs. Owner is defined as:

In the case of an UST in use on November 8, 1984, or brought into use after that date, any person who owns an UST used for storage, use, or dispensing of regulated substances: or

In the case of an UST in use before November 8, 1984, but no longer in use on that date, any person who owned the UST immediately before its discontinuation.

Also, owners of previously deferred UST systems with fieldconstructed tanks and airport hydrant fuel distribution systems in the ground as of October 13, 2015 must submit a one-time notification of existence by October 13, 2018. Owners of UST systems with fieldconstructed tanks and airport hydrant fuel distribution systems brought into use after October 13, 2015 are considered new facilities and must follow the same notification requirements as all other UST owners.

Street Address

distribution systems.

What Tanks Are Excluded From Notification (see § 280.10 and § 280.12)? Tanks removed from the ground before May 8, 1986; Farm or residential tanks of 1,1 00 gallons or less capacity storing motor fuel for noncommercial purposes; Tanks storing heating oil for use on the premises where stored; Septic tanks; Certain pipeline facilities regulated under chapters 601 and 603 of Title 49; Surface impoundments. pits, ponds, or lagoons; Storm water or wastewater collection systems: Flow-through process tanks; Liquid traps or associated gathering lines directly relaled to oil or gas production and gathering operations; Tanks an or above the floor of underground areas, such as basements or tunnels: Tanks with a capacity of 110 gallons or less: Wastewater treatment tank systems; UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954; UST systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR part 50.

What Substances Are Covered? The notification requirements apply to USTs containing petroleum or certain hazardous substances. Petroleum includes gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). Hazardous substances are those found in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, with the exception of those substances regulated as hazardous waste under Subtitle C of the Resource Conservation and Recovery Act.

When And Who To Notify? Owners who bring USTs into use after May 8, 1986 must submit this notification form to the implementing agency within 30 days of bringing the UST into use. If the implementing agency requires notification of any amendments to the facility, send information to the implementing agency immediately.

Penalties: Any owner who knowingly fails to notify or submits false infomnation shall be subject to a civil penalty not to exceed $16,000 for each

i

County If address is the same as in Section I, check the box and proceed to section Ill. If address is different, enter address below:

f----------------,--------,,---------1 StreetAddress City Zip Code

Phone Number (Include Area Code)

EPA Fanm 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions may be used while supplies last.

City State Zip Code



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&EPA United States


OMB Control No. 2050-0068 Approval expires XXIXXIXX

Notification For Underground Storage Tanks

Ill. TYPE OF OWNER I IV. INDIAN COUNTRY

D Federal D Tribal Federally recognized tribe where USTs are

Government Government USTs are located on land within an located:

D D Indian reservation or on trust lands D State Local outside reservation boundaries Government Government

D Commercial D Private

V. TYPE OF FACILITY

D Auto Dealership D Federal - Military D Residential

D Commercial Airport Or Airline D Gas Station D Trucking Or Transport

D Contractor D Industrial D Utilities

D Farm D Petroleum Distributor D Other (Explain)

D Federal- Non-military D Railroad

VI. CONTACT PERSON IN CHARGE OF TANKS

Name: Job Title: Address: Phone Number (Include Area Code):

VII. FINANCIAL RESPONSIBILITY

D I have met the financial responsibility requirements (in accordance with 40 CFR part 280 Subpart H) by using the following mechanisms:

(check all that apply)

D Bond Rating Test D Local Government Financial Test D Surety Bond

D Commercial Insurance D Risk Retention Group D Trust Fund

D Guarantee D Self-insurance (Financial Test) D Other Method (describe here)

D Letter Of Credit D State Fund

D I do not have to meet financial responsibility requirements because 40 CFR part 280 Subpart H is not applicable to me (e.g., if you are a state or federal owner).

VIII. CERTIFICATION (Read and sign after completing ALL SECTIONS of this notification form)

I certify under penalty of law that I have personally examined and am familiar with the information submitted in Sections I through XI of this notification form and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.

Name and official title of owner or owner"s Signature Date Signed authorized representative (Print)

Paperwork Reduction Act Notice The public reporting and recordkeeping burden for this collection of infonnation is estimated to average 30 minutes per response. Send comments on the Agency"s need for this infonnation, the accuracy of the provided burden estimates. and any suggested methods for minimizing respondent burden. including through the use of automated collection techniques to the Director. Collection Strategies Division. U.S. Environmental Protection Agency (2822n. 1200 Pennsylvania Ave .• NW. Washington. D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

EPA Fonn 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions may be used while supplies last.



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&EPA United States




IX. DESCRIPTION OF UNDERGROUND STORAGE TANKS (Complete for all tanks and piping at this location)

Tank Identification Number Tank No. Tank No. Tank No. Tank No. Tank No.

1. Status Of Tank (check only one) Currently In Use D D D D D

Temporarily Closed D D D D D Permanently Closed D D D D D

2. Date Of Installation (month/year)

3. Estimated Total Capacity (gallons)

4. Tank Attributes (check all that apply)

Asphalt Coated Or Bare Steel D D D D D Cathodically Protected Steel D D D D D (impressed current)

Cathodically Protected Steel D D D D D (sacrificial anodes)

Coated and Cathodically Protected Steel D D D D D (impressed current)

Coated and Cathodically Protected Steel D D D D D (sacrificial anodes) Composite D D D D D (steel clad with noncorrodible material)

Concrete D D D D D Fiberglass Reinforced Plastic D D D D D

Noncorrodible Tank Jacket D D D D D Lined Interior D D D D D

Excavation Liner D D D D D Double Walled D D D D D

Manifolded D D D D D Compartmentalized D D D D D

Field-constructed D D D D D Unknown D D D D D

Other, Specify Here

Check Box If Tank Has Ever Been D D D D D Repaired

5. Overfill Protection Installed (check all that apply)

Automatic Shutoff D D D D D Flow Restrictor D D D D D

High-level Alarm D D D D D Other, Specify Here

6. Spill Prevention Installed D D D D D Double Walled D D D D D

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions may be used while supplies last.



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&EPA United States OMB Control No. 2050-0068

Environmental Protection Agency Approval expires XX/XX/XX Washington, DC 20460



7. Piping Attributes (check all that apply)

Bare Steel D D D D D Galvanized Steel D D D D D

Fiberglass Reinforced Plastic D D D D D Flexible Plastic D D D D D

Copper D D D D D Cathodically Protected D D D D D (impressed current) Cathodically Protected D D D D D (sacrificial anodes)

Double Walled D D D D D Secondary Containment D D D D D

Airport Hydrant Piping D D D D D Unknown D D D D D

Other, Specify Here

8. Piping Delivery Type (check all that apply)

Safe Suction (no valve at tank) D D D D D U.S. Suction (valve at tank) D D D D D

Pressure D D D D D Gravity Feed D D D D D

9. Substance Currently Stored (or last stored in the case of closed tanks)

(check all that apply)

Gasoline (containing s 10% ethanol) D D D D D Diesel D D D D D

Biodiesel D D D D D Kerosene D D D D D

Heating Oil D D D D D Used Oil D D D D D

Gasoline Containing >10% Ethanol (specify amount of ethanol)

Diesel Containing >20% Biodiesel (specify amount of biodiesel)

Other, specify here

Hazardous Substance D D D D D CERCLA Name Or CAS Number

Mixture Of Substances D D D D D Please Specify Substances Here

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions may be used while supplies last.



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United States OMB Control No. 2050-0068

&EPA Environmental Protection Agency Approval expires XXIXXIXX Washington, DC 20460



1 0. Release Detection (check all that apply) TANK PIPE TANK PIPE TANK PIPE TANK PIPE TANK PIPE

Manual Tank Gauging D D D D D Tank Tightness Testing D D D D D

Inventory Control D D D D D Automatic Tank Gauging D D D D D D D D D D

Vapor Monitoring D D D D D D D D D D Groundwater Monitoring D D D D D D D D D D

Interstitial Monitoring

D D D D D D D D D D (required for new or replaced tanks or piping)

Statistical Inventory Reconciliation D D D D D D D D D D Automatic Line Leak Detectors D D D D D

Line Tightness Testing D D D D D No Release Detection Required D D D D D D D D D D (such as some types of suction piping)

Other Method Allowed By Implementing D D D D D D D D D D Agency

Other, Specify Here

X. CLOSURE OR CHANGE IN SERVICE

1. Closure Or Change In Service

Estimated Date The UST Was Last Used For Storing Regulated Substances

(month/day/year) Check Box If This Is A Change In

Service D D D D D (i.e., Change of storage to a non-regulated substance)

2. Tank Closure

Estimated Date Tank Closed (month/day/year)

(check all that apply below)

Tank Removed From Ground D D D D D Tank Closed In Ground D D D D D

Tank Filled With Inert Material D D D D D Describe The Inert Fill Material Here

3. Site Assessment

Check Box If The Site Assessment Was D D D D D Completed Check Box If Evidence Of A Release D D D D D Was Detected

Other, Specify Here

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions mav be used while supplies last.



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&EPA

Tank Identification Number

United States Environmental Protection Agency

Washington, DC 20460


Tank No. Tank No. Tank No. I Tank No.


- Tank No.

XI. CERTIFICATION OF INSTALLATION (Complete For UST Systems Installed After December 22, 1988 And For Airport Hydrant Distribution Systems And Field-Constructed USTs Installed After October 13, 2015)

Installer Of Tank And Piping (check all that apply)

Installer Certified By Tank And Piping D D D D D Manufacturers

Installer Certified Or Licensed By The D D D D D Implementing Agency

Installation Inspected By A Registered D D D D D Engineer

Installation Inspected And Approved By D D D D D Implementing Agency

Manufacturer's Installation Checklists D D D D D Have Been Completed

Another Method Allowed By D D D D D Implementing Agency

Specify Other Method Here

Signature Of UST Installer Certifying Proper Installation Of UST System

Name Signature Date

Position Company

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. i


Appendix II to Part 280—Notification of Ownership for Underground Storage Tanks (Form)


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&EPA United States


I Approval expires XXJXXJXX

Notification of Ownership Change for Underground Storage Tanks

Implementing Agency Name And Address:

Please type or print in ink. Also, be sure you have signatures in ink.

The primary purpose of this notification form is to inform implementing agencies of ownership changes for underground storage tank (UST) systems that store or have stored petroleum or hazardous substances.

Federal regulation requires UST owners to notify the implementing agency of any ownership change for USTs storing regulated substances after October 13,2015.

Who Must Notify? 40 CFR part 280, as amended, requires owners of USTs that store regulated substances (unless exempted) to notify implementing agencies of any ownership changes. Owner is defined as:

In the case of an UST in use on November 8, 1984, or brought into use after that date, any person who owns an UST used for storage, use, or dispensing of regulated substances; or In the case of an UST in use before November a, 1984, but no longer in use on that date, any person who owned the UST immediately before its discontinuation.

What USTs Are Included? An UST system is defined as any one or combination of tanks that is used to contain an accumulation of regulated substances, and whose volume (including connected underground piping) is 10 percent or more beneath the ground. Regulated USTs store petroleum or hazardous substances (see What Substances Are Covered to the right). This includes UST systems with field-constructed tanks and airport hydrant fuel distribution systems. When And Who To Notify? Any owner or operator who assumes ownership of a regulated UST system must submit this notification form to the implementing agency within 30 days of assuming such ownership.

OWNERSHIP OF USTs Corporation lnd1v1dual, Publ1c Agency Or Other Ent1ty

Current Owner Name Previous Owner Name

Current Owner Address Previous Owner Address

Current Owner Phone Previous Owner P han e

Signature Of Current Owner:

PapeiWork Reduction Act Notice

I

What Tanks Are Excluded From Notification (see§ 280.10 and§ 280.12)? Tanks removed from the ground before May 8, 1986; Farm or residential tanks of 1,1 oo gallons or less capacity stonng motor fuel for noncommercial purposes; Tanks storing heating oil for use on the premises where stored; Septic tanks; Certain pipeline facilities regulated under chapters 601 and 603 of Title 49; Surface impoundments, pits, ponds, or lagoons; Storm water or wastewater collection systems; Flow-through process tanks; Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations: Tanks on or above the floor of underground areas, such as basements or tunnels; Tanks with a capacity of 110 gallons or less; Wastewater treatment tank systems: UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954; UST systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 1 a CFR part 50.

What Substances Are Covered? The notification requirements apply to USTs containing petroleum or certain hazardous substances. Petroleum includes gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). Hazardous substances are those found in Section 101 {14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, with the exception of those substances regulated as hazardous waste under Subtitle C of the Resource Conservation and Recovery Act.

Penalties: Any owner who knowing II fails to notify or submits false information shall be subject to a civil penalty no to exceed $16,000 for each tank for which notification is not given or for which false information is given.

FACILITY NAME AND LOCATION OF USTs

Facility Name

D Check here if name changed alter ownership

D Check this box if the physical address of the USTs is the same as the current owner address. If address is different, enter address below:

If required by implementing agency, give the geographic location of USTs either in decimal degrees, or degrees, minutes, and seconds. Example: Latitude: 36.12348 (or 36" 7' 24.4"), Longitude: -106.549876 (or -106' 32' 59.6")

Latitude Lonaitude

Date Of Ownership Change

Date:

The public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggesled methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, u.s. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

EPA Form 6200-10 Electronic and paper versions acceptable.


Appendix III to Part 280—Statement for Shipping Tickets and Invoices

Note. A federal law (the Solid Waste Disposal Act, as amended), requires owners of certain underground storage tanks to notify implementing agencies of the existence of their tanks. Notifications must be made within 30 days of bringing the tank into use. Consult EPA’s regulation at 40 CFR 280.22 to determine if you are affected by this law.

■ 2. Revise part 281 to read as follows:

PART 281—APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS

Subpart A—Purpose, General Requirements and Scope Sec. 281.10 Purpose. 281.11 General requirements. 281.12 Scope and definitions.

Subpart B—Components of a Program Application 281.20 Program application. 281.21 Description of state program. 281.22 Procedures for adequate

enforcement. 281.23 Memorandum of agreement. 281.24 Attorney General’s statement.

Subpart C—Criteria for No Less Stringent 281.30 New UST system design,

construction, installation, and notification.

281.31 Upgrading existing UST systems. 281.32 General operating requirements. 281.33 Release detection. 281.34 Release reporting, investigation,

and confirmation. 281.35 Release response and corrective

action. 281.36 Out-of-service UST systems and

closure. 281.37 Financial responsibility for UST

systems containing petroleum. 281.38 Lender liability. 281.39 Operator training.

Subpart D—Adequate Enforcement of Compliance

281.40 Requirements for compliance program and authority.

281.41 Requirements for enforcement authority.

281.42 Requirements for public participation.

281.43 Sharing of information.

Subpart E—Approval Procedures

281.50 Approval procedures for state programs.

281.51 Revision of approved state programs.

Subpart F—Withdrawal of Approval of State Programs

281.60 Criteria for withdrawal of approval of state programs.

281.61 Procedures for withdrawal of approval of state programs.

Authority: 42 U.S.C. 6912, 6991(c), 6991(d), 6991(e), 6991(i), 6991(k).

Subpart A—Purpose, General Requirements and Scope

§ 281.10 Purpose. (a) This part specifies the

requirements that state programs must meet for approval by the Administrator under section 9004 of the Solid Waste Disposal Act, and the procedures EPA will follow in approving, revising and withdrawing approval of state programs.

(b) State submissions for program approval must be in accordance with the procedures set out in this part.

(c) A state may apply for approval under this part at any time after the promulgation of release detection, prevention, and corrective action regulations under § 9003 of the Solid Waste Disposal Act.

(d) Any state program approved by the Administrator under this part shall at all times be conducted in accordance with the requirements of this part.

§ 281.11 General requirements. (a) State program elements. The

following substantive elements of a state program must be addressed in a state application for approval:

(1) Requirements for all existing and new underground storage tanks:

(i) New UST systems (design, construction, installation, and notification);

(ii) Upgrading of existing UST systems;

(iii) General operating requirements; (iv) Release detection; (v) Release reporting, investigation,

and confirmation; (vi) Out-of-service USTs and closure; (vii) Release response and corrective

action; (viii) Financial responsibility for UST

systems containing petroleum; and (ix) Operator training. (2) Provisions for adequate

enforcement of compliance with the above program elements.

(b) Final approval. The state must demonstrate that its requirements under each state program element for existing and new UST systems are no less stringent than the corresponding federal requirements as set forth in subpart C of this part. The state must also demonstrate that it has a program that provides adequate enforcement of compliance with these requirements.

(c) States with programs approved under this part are authorized to administer the state program in lieu of the federal program and will have primary enforcement responsibility with respect to the requirements of the approved program. EPA retains authority to take enforcement action in approved states as necessary and will

notify the designated lead state agency of any such intended action.

§ 281.12 Scope and definitions. (a) Scope. (1) The Administrator may

approve either partial or complete state programs. A ‘‘partial’’ state program regulates either solely UST systems containing petroleum or solely UST systems containing hazardous substances. If a ‘‘partial’’ state program is approved, EPA will administer the remaining part of the program. A ‘‘complete’’ state program regulates both petroleum and hazardous substance tanks.

(2) EPA will administer the UST program in Indian country, except where Congress has clearly expressed an intention to grant a state authority to regulate petroleum and hazardous substance USTs in Indian country. In either case, this decision will not impair a state’s ability to obtain program approval for petroleum or hazardous substances in non-Indian country in accordance with this part.

(3) Nothing in this subpart precludes a state from:

(i) Adopting or enforcing requirements that are more stringent or more extensive than those required under this part; or

(ii) Operating a program with a greater scope of coverage than that required under this part. Where an approved state program has a greater scope of coverage than required by federal law, the additional coverage is not part of the federally-approved program.

(b) Definitions. (1) The definitions in 40 CFR part 280 apply to this entire part except as described below.

(i) States may use the definitions associated with tank and piping secondary containment as defined in section 9003 of the Solid Waste Disposal Act.

(ii) States may use the definitions associated with operator training as described in § 9010 of the Solid Waste Disposal Act.

(2) For the purposes of this part the term ‘‘final approval’’ means the approval received by a state program that meets the requirements in § 281.11(b).

Subpart B—Components of a Program Application

§ 281.20 Program application.

Any state that seeks to administer a program under this part must submit an application containing the following parts:

(a) A transmittal letter from the Governor of the state requesting program approval;


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(b) A description in accordance with § 281.21 of the state program and operating procedures;

(c) A demonstration of the state’s procedures to ensure adequate enforcement;

(d) A Memorandum of Agreement outlining roles and responsibilities of EPA and the implementing agency;

(e) An Attorney General’s statement in accordance with § 281.25 certifying to applicable state authorities; and

(f) Copies of all applicable state statutes and regulations.

§ 281.21 Description of state program. A state seeking to administer a

program under this part must submit a description of the program it proposes to administer under state law in lieu of the federal program. The description of a state’s existing or planned program must include:

(a) The scope of the state program: (1) Whether the state program

regulates UST systems containing petroleum or hazardous substances, or both;

(2) Whether the state program is more stringent or broader in scope than the federal program, and in what ways; and

(3) Whether the state has any existing authority in Indian country or has existing agreements with Indian tribes relevant to the regulation of underground storage tanks.

(b) The organization and structure of the state and local agencies with responsibility for administering the program. The jurisdiction and responsibilities of all state and local implementing agencies must be delineated, appropriate procedures for coordination set forth, and one state agency designated as a ‘‘lead agency’’ to facilitate communications between EPA and the state.

(c) Staff resources to carry out and enforce the required state program elements, both existing and planned, including the number of employees, agency where employees are located, general duties of the employees, and current limits or restrictions on hiring or utilization of staff.

(d) An existing state funding mechanism to meet the estimated costs of administering and enforcing the required state program elements, and any restrictions or limitations upon this funding.

§ 281.22 Procedures for adequate enforcement.

A state must submit a description of its compliance monitoring and enforcement procedures, including related state administrative or judicial review procedures.

§ 281.23 Memorandum of agreement. EPA and the approved state will

negotiate a Memorandum of Agreement (MOA) containing proposed areas of coordination and shared responsibilities between the state and EPA and separate EPA and state roles and responsibilities in areas including, but not limited to: Implementation of partial state programs; enforcement; compliance monitoring; EPA oversight; and sharing and reporting of information. At the time of approval, the MOA must be signed by the Regional Administrator and the appropriate official of the state lead agency.

§ 281.24 Attorney General’s statement. (a) A state must submit a written

demonstration from the Attorney General that the laws and regulations of the state provide adequate authority to carry out the program described under § 281.21 and to meet other requirements of this part. This statement may be signed by independent legal counsel for the state rather than the Attorney General, provided that such counsel has full authority to independently represent the state Agency in court on all matters pertaining to the state program. This statement must include citations to the specific statutes, administrative regulations, and where appropriate, judicial decisions that demonstrate adequate authority to regulate and enforce requirements for UST systems. State statutes and regulations cited by the state Attorney General must be fully effective when the program is approved.

(b) If a state currently has authority over underground storage tank activities in Indian country, the statement must contain an appropriate analysis of the state’s authority.

Subpart C—Criteria for No Less Stringent

§ 281.30 New UST system design, construction, installation, and notification.

In order to be considered no less stringent than the corresponding federal requirements for new UST system design, construction, installation, and notification, the state must have requirements that ensure all new underground storage tanks, and the attached piping in contact with the ground and used to convey the regulated substance stored in the tank, conform to the following:

(a) Be designed, constructed, and installed in a manner that will prevent releases for their operating life due to manufacturing defects, structural failure, or corrosion. Unless the state requires manufacturer and installer

financial responsibility and installer certification in accordance with section 9003(i)(2) of the Solid Waste Disposal Act, then the state must meet the following:

(1) New or replaced tanks and piping must use interstitial monitoring within secondary containment in accordance with section 9003(i)(1) of the Solid Waste Disposal Act except as follows:

(i) Underground piping associated with: Airport hydrant systems or field- constructed tanks greater than 50,000 gallons or

(ii) Underground suction piping that meets § 281.33(d)(2)(ii).

(2) New motor fuel dispenser systems installed and connected to an UST system must be equipped with under- dispenser containment in accordance with section 9003(i)(1) of the Solid Waste Disposal Act.

Note to paragraph (a). Codes of practice developed by nationally recognized organizations and national independent testing laboratories may be used to demonstrate that the state program requirements are no less stringent in this area.

(b) Be provided with equipment to prevent spills and tank overfills when new tanks are installed or existing tanks are upgraded, unless the tank does not receive more than 25 gallons at one time. Flow restrictors used in vent lines are not allowable forms of overfill prevention when overfill prevention is installed or replaced.

(c) All UST system owners and operators must notify the implementing agency of the existence of any new UST system and notify the implementing agency within a reasonable timeframe when assuming ownership of an UST system using a process designated by the implementing agency.

§ 281.31 Upgrading existing UST systems. In order to be considered no less

stringent than the corresponding federal upgrading requirements, the state must have requirements that ensure existing UST systems meet the requirements of § 281.30; are upgraded to prevent releases for their operating life due to corrosion, spills, or overfills; or are permanently closed with the following exceptions:

(a) Upgrade requirements for previously deferred UST systems. Previously deferred airport hydrant fuel distribution systems and UST systems with field-constructed tanks must within three years of the effective date of its state requirements meet the requirements of § 281.30 or be permanently closed. This provision would not apply, however, to states that did not defer these UST systems and


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already had, prior to the effective date of this provision, existing requirements with specified compliance periods for these types of UST systems.

(b) Upgrade requirements for other UST systems. States may allow UST systems to be upgraded if the state determines that the upgrade is appropriate to prevent releases for the operating life of the UST system due to corrosion and spills or overfills.

§ 281.32 General operating requirements. In order to be considered no less

stringent than the corresponding federal general operating requirements, the state must have requirements that ensure all new and existing UST systems conform to the following:

(a) Prevent spills and overfills by ensuring that the space in the tank is sufficient to receive the volume to be transferred and that the transfer operation is monitored constantly;

(b) Where equipped with cathodic protection, be operated and maintained by a person with sufficient training and experience in preventing corrosion, and in a manner that ensures that no releases occur during the operating life of the UST system;

Note to paragraph (b). Codes of practice developed by nationally recognized organizations and national independent testing laboratories may be used to demonstrate the state program requirements are no less stringent.

(c) Be made of or lined with materials that are compatible with the substance stored; in order to ensure compatibility, the state requirements must also include provisions for demonstrating compatibility with new and innovative regulated substances or other regulated substances identified by the implementing agency or include other provisions determined by the implementing agency to be no less protective of human health and the environment than the provisions for demonstrating compatibility;

(d) At the time of upgrade or repair, be structurally sound and upgraded or repaired in a manner that will prevent releases due to structural failure or corrosion during their operating lives;

(e) Have spill and overfill prevention equipment periodically tested or inspected in a manner and frequency that ensures its functionality for the operating life of the equipment and have the integrity of containment sumps used for interstitial monitoring of piping periodically tested in a manner and frequency that prevents releases during the operating life of the UST system;

(f) Have operation and maintenance walkthrough inspections periodically conducted in a manner and frequency

that ensures proper operation and maintenance for the operating life of the UST system; and

(g) Have records of monitoring, testing, repairs, and inspections. These records must be made readily available when requested by the implementing agency.

§ 281.33 Release detection.

In order to be considered no less stringent than the corresponding federal requirements for release detection, the state must have requirements that at a minimum ensure all UST systems are provided with release detection that conforms to the following:

(a) General methods. Release detection requirements for owners and operators must consist of a method, or combination of methods, that is:

(1) Capable of detecting a release of the regulated substance from any portion of the UST system that routinely contains regulated substances—as effectively as any of the methods allowed under this part—for as long as the UST system is in operation. In comparing methods, the implementing agency shall consider the size of release that the method can detect and the speed and reliability with which the release can be detected.

(2) Designed, installed, calibrated, operated and maintained so that releases will be detected in accordance with the capabilities of the method;

(3) Operated and maintained, and electronic and mechanical components and other equipment are tested or inspected periodically, in a manner and frequency that ensures proper operation to detect releases for the operating life of the release detection equipment.

(b) Phase-in of requirements. Release detection requirements must, at a minimum, be applied at all UST systems immediately, except for UST systems previously deferred under § 280.10(a)(1). Release detection requirements must, at a minimum, be scheduled to be applied to those previously deferred UST systems as follows:

(1) Immediately when a new previously deferred UST system is installed; and

(2) For any previously deferred UST system within three years of the effective date of its state requirements. This provision would not apply, however, to states that did not defer these UST systems and already had, prior to the effective date of this provision, existing release detection requirements with specified compliance periods for these types of UST systems.

(c) Requirements for petroleum tanks. All petroleum tanks must meet the following requirements:

(1) All petroleum tanks must be sampled, tested, or checked for releases at least monthly, except that tanks installed before October 13, 2015 or upgraded tanks (that is, tanks and piping protected from releases due to corrosion and equipped with both spill and overfill prevention devices) may temporarily use monthly inventory control (or its equivalent) in combination with tightness testing (or its equivalent) conducted every five years for the first 10 years after the tank is installed; and

(2) New or replaced petroleum tanks must use interstitial monitoring within secondary containment in accordance with section 9003(i)(1) of the Solid Waste Disposal Act except when the state requires manufacturer and installer financial responsibility and installer certification in accordance with section 9003(i)(2) of the Solid Waste Disposal Act.

(d) Requirements for petroleum piping. All underground piping attached to the tank that routinely conveys petroleum must conform to the following:

(1) If the petroleum is conveyed under greater than atmospheric pressure:

(i) The piping must be equipped with release detection that detects a release within an hour by restricting or shutting off flow or sounding an alarm; and

(ii) The piping must have monthly monitoring applied or annual tightness tests conducted.

(2) If suction lines are used: (i) Tightness tests must be conducted

at least once every three years, unless a monthly method of detection is applied to this piping; or

(ii) The piping is designed to allow the contents of the pipe to drain back into the storage tank if the suction is released and is also designed to allow an inspector to immediately determine the integrity of the piping system.

(3) Except as provided for in § 281.30(a)(1) new or replaced petroleum piping must use interstitial monitoring within secondary containment in accordance with section 9003(i)(1) of the Solid Waste Disposal Act except when the state requires evidence of financial responsibility and certification in accordance with section 9003(i)(2) of the Solid Waste Disposal Act.

(e) Requirements for hazardous substance UST systems. All new hazardous substance UST systems must use interstitial monitoring within secondary containment of the tanks and the attached underground piping that


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conveys the regulated substance stored in the tank. For hazardous substance UST systems installed prior to October 13, 2015, owners and operators can use another form of release detection if the owner and operator can demonstrate to the state (or the state otherwise determines) that another method will detect a release of the regulated substance as effectively as other methods allowed under the state program for petroleum UST systems and that effective corrective action technology is available for the hazardous substance being stored that can be used to protect human health and the environment.

§ 281.34 Release reporting, investigation, and confirmation.

In order to be considered no less stringent than the corresponding federal requirements for release reporting, investigation, and confirmation, the state must have requirements that ensure all owners and operators conform with the following:

(a) Promptly investigate all suspected releases, including:

(1) When unusual operating conditions, release detection signals and environmental conditions at the site suggest a release of regulated substances may have occurred or the interstitial space may have been compromised; and

(2) When required by the implementing agency to determine the source of a release having an impact in the surrounding area; and

(b) Promptly report all confirmed underground releases and any spills and overfills that are not contained and cleaned up.

(c) Ensure that all owners and operators contain and clean up unreported spills and overfills in a manner that will protect human health and the environment.

§ 281.35 Release response and corrective action.

In order to be considered no less stringent than the corresponding federal requirements for release response and corrective action, the state must have requirements that ensure:

(a) All releases from UST systems are promptly assessed and further releases are stopped;

(b) Actions are taken to identify, contain and mitigate any immediate health and safety threats that are posed by a release (such activities include investigation and initiation of free product removal, if present);

(c) All releases from UST systems are investigated to determine if there are impacts on soil and groundwater, and any nearby surface waters. The extent of

soil and groundwater contamination must be delineated when a potential threat to human health and the environment exists.

(d) All releases from UST systems are cleaned up through soil and groundwater remediation and any other steps are taken, as necessary to protect human health and the environment;

(e) Adequate information is made available to the state to demonstrate that corrective actions are taken in accordance with the requirements of paragraphs (a) through (d) of this section. This information must be submitted in a timely manner that demonstrates its technical adequacy to protect human health and the environment; and

(f) In accordance with § 280.67, the state must notify the affected public of all confirmed releases requiring a plan for soil and groundwater remediation, and upon request provide or make available information to inform the interested public of the nature of the release and the corrective measures planned or taken.

§ 281.36 Out-of-service UST systems and closure.

In order to be considered no less stringent than the corresponding federal requirements for temporarily closed UST systems and permanent closure, the state must have requirements that ensure UST systems conform with the following:

(a) Removal from service. All new and existing UST systems temporarily closed must:

(1) Continue to comply with general operating requirements, release reporting and investigation, and release response and corrective action;

(2) Continue to comply with release detection requirements if regulated substances are stored in the tank;

(3) Be closed off to outside access; and (4) Be permanently closed if the UST

system has not been protected from corrosion and has not been used in one year, unless the state approves an extension after the owner and operator conducts a site assessment.

(b) Permanent closure of UST systems. All tanks and piping must be cleaned and permanently closed in a manner that eliminates the potential for safety hazards and any future releases. The owner or operator must notify the state of permanent UST system closures. The site must also be assessed to determine if there are any present or were past releases, and if so, release response and corrective action requirements must be complied with.

(c) All UST systems taken out of service before the effective date of the

federal regulations must permanently close in accordance with paragraph (b) of this section when directed by the implementing agency.

§ 281.37 Financial responsibility for UST systems containing petroleum.

(a) In order to be considered no less stringent than the federal requirements for financial responsibility for UST systems containing petroleum, the state requirements for financial responsibility for petroleum UST systems must ensure that:

(1) Owners and operators have $1 million per occurrence for corrective action and third-party claims in a timely manner to protect human health and the environment;

(2) Owners and operators not engaged in petroleum production, refining, and marketing and who handle a throughput of 10,000 gallons of petroleum per month or less have $500,000 per occurrence for corrective action and third-party claims in a timely manner to protect human health and the environment;

(3) Owners and operators of 1 to 100 petroleum USTs must have an annual aggregate of $1 million; and

(4) Owners and operators of 101 or more petroleum USTs must have an annual aggregate of $2 million.

(b) States may allow the use of a wide variety of financial assurance mechanisms to meet this requirement. Each financial mechanism must meet the following criteria in order to be no less stringent than the federal requirements. The mechanism must: Be valid and enforceable; be issued by a provider that is qualified or licensed in the state; not permit cancellation without allowing the state to draw funds; ensure that funds will only and directly be used for corrective action and third party liability costs; and require that the provider notify the owner or operator of any circumstances that would impair or suspend coverage.

(c) States must require owners and operators to maintain records that demonstrate compliance with the state financial responsibility requirements, and these records must be made readily available when requested by the implementing agency.

§ 281.38 Lender liability. (a) A state program that contains a

security interest exemption will be considered to be no less stringent than, and as broad in scope as, the federal program provided that the state’s exemption:

(1) Mirrors the security interest exemption provided for in 40 CFR part 280, subpart I; or


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(2) Achieves the same effect as provided by the following key criteria:

(i) A holder, meaning a person who maintains indicia of ownership primarily to protect a security interest in a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located, who does not participate in the management of the UST or UST system as defined under § 280.10 of this chapter, and who does not engage in petroleum production, refining, and marketing as defined under § 280.200(b) of this chapter is not:

(A) An ‘‘owner’’ of a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located for purposes of compliance with the requirements of 40 CFR part 280; or

(B) An ‘‘operator’’ of a petroleum UST or UST system for purposes of compliance with the requirements of 40 CFR part 280, provided the holder is not in control of or does not have responsibility for the daily operation of the UST or UST system.

(ii) [Reserved] (b) [Reserved]

§ 281.39 Operator training. In order to be considered no less

stringent than the corresponding federal requirements for operator training, the state must have an operator training program that meets the minimum requirements of section 9010 of the Solid Waste Disposal Act.

Subpart D—Adequate Enforcement of Compliance

§ 281.40 Requirements for compliance monitoring program and authority.

(a) Any authorized representative of the state engaged in compliance inspections, monitoring, or testing must have authority to obtain by request any information from an owner or operator with respect to the UST system(s) that is necessary to determine compliance with the UST regulations.

(b) Any authorized representative of the state must have authority to require an owner or operator to conduct monitoring or testing.

(c) Authorized representatives must have the authority to enter any site or premises subject to UST regulations or in which records relevant to the operation of the UST system(s) are kept, and to copy these records, obtain samples of regulated substances, and inspect or conduct the monitoring or testing of UST system(s).

(d) State programs must have procedures for receipt, evaluation, retention, and investigation of records

and reports required of owners or operators and must provide for enforcement of failure to submit these records and reports.

(e)(1) State programs must have inspection procedures to determine, independent of information supplied by regulated persons, compliance with program requirements, and must provide for enforcement of failure to comply with the program requirements. States must maintain a program for systematic inspections of facilities subject to UST regulations in a manner designed to determine compliance or non-compliance, to verify accuracy of information submitted by owners or operators of regulated USTs, and to verify adequacy of methods used by owners or operators in developing that information.

(2) When inspections are conducted, samples taken, or other information gathered, these procedures must be conducted in a manner (for example, using proper ‘‘chain of custody’’ procedures) that will produce evidence admissible in an enforcement proceeding, or in court.

(f) Public effort in reporting violations must be encouraged and states must make available information on reporting procedures. State programs must maintain a program for investigating information obtained from the public about suspected violations of UST program requirements.

(g) The state must maintain the data collected through inspections and evaluation of records in such a manner that the implementing agency can monitor over time the compliance status of the regulated community. Any compilation, index, or inventory of such facilities and activities shall be made available to EPA upon request.

§ 281.41 Requirements for enforcement authority.

(a) Any state administering a program must have the authority to implement the following remedies for violations of state program requirements:

(1) To restrain immediately and effectively any person by order or by suit in state court from engaging in any unauthorized activity that is endangering or causing damage to public health or the environment;

(2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement;

(3) To assess or sue to recover in court civil penalties as follows:

(i) Civil penalties for failure to notify or for submitting false information pursuant to tank notification requirements must be capable of being

assessed up to $5,000 or more per violation.

(ii) Civil penalties for failure to comply with any state requirements or standards for existing or new tank systems must be capable of being assessed for each instance of violation, up to $5,000 or more for each tank for each day of violation. If the violation is continuous, civil penalties shall be capable of being assessed up to $5,000 or more for each day of violation.

(4) To prohibit the delivery, deposit, or acceptance of a regulated substance into an underground storage tank identified by the implementing agency to be ineligible for such delivery, deposit, or acceptance in accordance with section 9012 of the Solid Waste Disposal Act.

(b) The burden of proof and degree of knowledge or intent required under state law for establishing violations under paragraph (a)(3) of this section, must be no greater than the burden of proof or degree of knowledge or intent that EPA must provide when it brings an action under Subtitle I of the Solid Waste Disposal Act.

(c) A civil penalty assessed, sought, or agreed upon by the implementing agency(ies) under paragraph (a)(3) of this section must be appropriate to the violation.

§ 281.42 Requirements for public participation.

Any state administering a program must provide for public participation in the state enforcement process by providing any one of the following three options:

(a) Authority that allows intervention analogous to Federal Rule 24(a)(2) from Title IV of the Federal Rules of Civil Procedure, and assurance by the state that it will not oppose intervention under the state analogue to Rule 24(a)(2) on the ground that the applicant’s interest is adequately represented by the state.

(b) Authority that allows intervention of right in any civil action to obtain the remedies specified in § 281.41 by any citizen having an interest that is or may be adversely affected; or

(c) Assurance by the appropriate state agency that:

(1) It will provide notice and opportunity for public comment on all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment);

(2) It will investigate and provide responses to citizen complaints about violations; and


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(3) It will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.

§ 281.43 Sharing of information.

(a) States with approved programs must furnish EPA, upon request, any information in state files obtained or used in the administration of the state program. This information includes:

(1) Any information submitted to the state under a claim of confidentiality. The state must submit that claim to EPA when providing such information. Any information obtained from a state and subject to a claim of confidentiality will be treated in accordance with federal regulations in 40 CFR part 2; and

(2) Any information that is submitted to the state without a claim of confidentiality. EPA may make this information available to the public without further notice.

(b) EPA must furnish to states with approved programs, upon request, any information in EPA files that the state needs to administer its approved state program. Such information includes:

(1) Any information that is submitted to EPA without a claim of confidentiality; and

(2) Any information submitted to EPA under a claim of confidentiality, subject to the conditions in 40 CFR part 2.

Subpart E—Approval Procedures

§ 281.50 Approval procedures for state programs.

(a) The following procedures are required for all applications, regardless of whether the application is for a partial or complete program, as defined in § 281.12.

(b) Before submitting an application to EPA for approval of a state program, the state must provide an opportunity for public notice and comment in the development of its underground storage tank program.

(c) When EPA receives a state program application, EPA will examine the application and notify the state whether its application is complete, in accordance with the application components required in § 281.20. The 180-day statutory review period begins only after EPA has determined that a complete application has been received.

(d) The state and EPA may by mutual agreement extend the review period.

(e) After receipt of a complete program application, the Administrator will tentatively determine approval or disapproval of the state program. EPA shall issue public notice of the tentative determination in the Federal Register and other mechanisms to attract state-

wide attention. Notice of the tentative determination must also:

(1) Afford the public 30 days after the notice to comment on the state’s application and the Administrator’s tentative determination; and

(2) Include a general statement of the areas of concern, if the Administrator indicates the state program may not be approved; and

(3) Note the availability for inspection by the public of the state program application; and

(4) Indicate that a public hearing will be held by EPA no earlier than 30 days after notice of the tentative determination unless insufficient public interest is expressed, at which time the Regional Administrator may cancel the public hearing.

(f) Within 180 days of receipt of a complete state program application, the Administrator must make a final determination whether to approve the state program after review of all public comments. EPA will give notice of its determination in the Federal Register and codify the approved state program. The notice must include a statement of the reasons for this determination and a response to significant comments received.

§ 281.51 Revision of approved state programs.

(a) Either EPA or the approved state may initiate program revision. Program revision may be necessary when the controlling federal or state statutory or regulatory authority is changed or when responsibility for the state program is shifted to a new agency or agencies. The state must inform EPA of any proposed modifications to its basic statutory or regulatory authority or change in division of responsibility among state agencies. EPA will determine in each case whether a revision of the approved program is required. Approved state programs must submit a revised application within three years of any changes to this part that requires a program revision.

(b) Whenever the Administrator has reason to believe that circumstances have changed with respect to an approved state program or the federal program, the Administrator may request, and the state must provide, a revised application as prescribed by EPA.

(c) The Administrator will approve or disapprove program revisions based on the requirements of this part and Subtitle I of the Solid Waste Disposal Act pursuant to the procedures under this section, or under § 281.50 if EPA has reason to believe the proposed

revision will receive significant negative comment from the public.

(1) The Administrator must issue public notice of planned approval or disapproval of a state program revision in the Federal Register and other mechanisms to attract state-wide attention. The public notice must summarize the state program revision, indicate whether EPA intends to approve or disapprove the revision, and provide for an opportunity to comment for a period of 30 days.

(2) The Administrator’s decision on the proposed revision becomes effective 60 days after the date of publication in the Federal Register in accordance with paragraph (c)(1) of this section, unless significant negative comment opposing the proposed revision is received during the comment period. If significant negative comment is received, EPA must notify the state and within 60 days after the date of publication, publish in the Federal Register either:

(i) A withdrawal of the immediate final decision, which will then be treated as a tentative decision in accordance with the applicable procedures of § 281.50(e) and (f); or

(ii) A notice that contains a response to significant negative comments and affirms either that the immediate final decision takes effect or reverses the decision.

(d) Revised state programs that receive approval must be codified in the Federal Register.

Subpart F—Withdrawal of Approval of State Programs

§ 281.60 Criteria for withdrawal of approval of state programs.

The Administrator may withdraw program approval when the Agency determines that a state no longer has adequate regulatory or statutory authority or is not administering and enforcing an approved program in accordance with this part. The state must have adequate capability to administer and enforce the state program. In evaluating whether such capability exists, the Agency will consider whether the state is implementing an adequate enforcement program by evaluating the quality of compliance monitoring and enforcement actions.

§ 281.61 Procedures for withdrawal of approval of state programs.

(a) The following procedures apply when a state with an approved program voluntarily transfers to EPA those program responsibilities required by federal law.

(1) The state must give EPA notice of the proposed transfer, and submit, at


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least 90 days before the transfer, a plan for the orderly transfer of all relevant program information necessary for EPA to administer the program.

(2) Within 30 days of receiving the state’s transfer plan, EPA must evaluate the plan and identify any additional information needed by the federal government for program administration.

(3) At least 30 days before the transfer is to occur, EPA must publish notice of the transfer in the Federal Register and

other mechanisms to attract state-wide attention.

(b) The following procedures apply when the Administrator considers withdrawing approval.

(1) When EPA begins proceedings to determine whether to withdraw approval of a state program (either on its own initiative or in response to a petition from an interested person), withdrawal proceedings will be conducted in accordance with procedures set out in 40 CFR 271.23(b)

and (c), except for § 271.23(b)(8)(iii) to the extent that it deviates from requirements under § 281.60.

(2) If the state fails to take appropriate action within a reasonable time, not to exceed 120 days after notice from the Administrator that the state is not administering and enforcing its program in accordance with the requirements of this part, EPA will withdraw approval of the state’s program. [FR Doc. 2015–15914 Filed 7–14–15; 8:45 am]

BILLING CODE 6560–50–P


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Final Text of Regulations




FINAL TEXT OF REGULATIONS

JULY 2016 State Water Resources Control Board


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§ 2610. Definitions/Applicability of Definitions (a) Unless the context requires otherwise and except as provided by subdivision (c), the terms

used in this chapter shall have the definitions provided by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code, or by section 2611 of this article.

(b) Except as otherwise specifically provided herein, the following terms are defined in

section 25281of Chapter 6.7 of Division 20 of the Health and Safety Code:

Automatic Line Leak Detector line leak detector Board Department Facility Federal Act act Local Agency agency Owner Pipe Primary Containment containment Product-Tight Product-tight Release Secondary Containment containment Single-Walled Single-walled Special Inspector inspector Storage/Store Storage or store SWEEPS Tank Tank Integrity Test integrity test Tank Tester tester Unauthorized Release release Underground Storage Tank storage tank Underground Tank System/Tank System tank system or tank system

(c) The following terms shall have the same meaning as defined in section 15110 of title 27 of

the California Code of Regulations: California Environmental Reporting System Data collection Data element Document Electronic reporting

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Local reporting portal Local information management system Signed or signature Submittal element

Unified Program Data Dictionary (d) The following shall have the same meaning as defined in chapter 3 of subdivision 1 of

division 3 of title 27 of the California Code of Regulations: UST Operating Permit Application – Facility Information UST Operating Permit Application – Tank Information UST Operating Permit Application – Monitoring Information UST Certification of Installation/ Modification Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section Sections 25281, 25404 and 25404.1, Health and Safety Code.

§ 2611. Additional Definitions Unless the context requires otherwise, the following definitions shall apply to terms used in this chapter. “Bladder system” means a flexible or rigid material which provides primary containment including an interstitial monitoring system designed to be installed inside an existing underground storage tank. “Best management practice” means any underground storage tank system management and operation practice that is the most effective and practicable method of preventing or reducing the probability of a release. “Cathodic protection tester” means any individual who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers or the International Code Council, demonstrating education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried or submerged metallic piping and underground storage tank systems. “Coatings expert” means a person who, by reason of thorough training, knowledge and experience in the coating of metal surfaces, is qualified to engage in the practice of internal tank lining inspections. The term includes only those persons who are independent of any lining manufacturer or applicator and have no financial interest in the tank or tanks being monitored. “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the underground storage tank. “Connected piping” means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which hazardous substances flow. For the purpose of determining how much piping is connected to any individual underground

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storage tank system, the piping that joins two underground storage tank systems should be allocated equally between them. “Continuous monitoring” means a system using equipment which routinely performs the required monitoring on a periodic or cyclic basis throughout each day. “Corrosion specialist” means any individual who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers as a corrosion specialist, or be a registered professional engineer with a current certificate or license requiring education and experience in corrosion control of buried or submerged metallic piping and underground storage tank systems. “Decommissioned tank” means an underground storage tank which cannot be used for one or more of the following reasons: 1) the tank has been filled with an inert solid; 2) the fill pipes have been sealed; or, 3) the piping has been removed. “Designated underground storage tank operator” or “designated UST operator” means one or more individuals designated by the owner to have responsibility for training facility employees and conducting monthly visual inspections at an underground storage tank facility. A “designated UST operator” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions. “Dispenser” means an aboveground or underground device that is used for the delivery of a hazardous substance from an underground storage tank. Dispenser includes metering and delivery devices, and fabricated assemblies located therein. “Emergency containment” means a containment system for accidental spills which are infrequent and unpredictable. “Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation. “Existing underground storage tank” means an underground storage tank installed prior to January 1, 1984. The term also includes an underground storage tank installed before January 1, 1987 and which is located on a farm, has a capacity greater than 1,100 gallons, and stores motor vehicle fuel used primarily for agricultural purposes and not for resale. “Facility employee” means an individual who is employed on-site at an underground storage tank facility, and who may be called upon to respond to spills, overfills, or other problems associated with the operation of the underground storage tank system. A “facility employee” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions. “Fail safe” means that a monitoring system will shut down the turbine pump in the event of a power outage, or when the monitoring system fails or is disconnected.

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“Farm tank” means any one tank or a combination of manifolded tanks that: 1) are located on a farm; and, 2) holds no more than 1,100 gallons of motor vehicle fuel which is used primarily for agricultural purposes and is not held for resale. “First ground water” means the uppermost saturated horizon encountered in a bore hole. “Free product” refers to a hazardous substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in water). “GeoTracker” has the same meaning as “Geotracker” as defined in section 3891 of title 23 of the California Code of Regulations. “Ground water” means subsurface water which will flow into a well. “Hazardous substance” means a substance which meets the criteria of either subsection paragraph (1) or subsection paragraph (2) of subdivision (h) of section 25281(f) of the Health and Safety Code. “Heating oil tank” means a tank located on a farm or at a personal residence and which holds no more than 1,100 gallons of home heating oil which is used consumptively at the premises where the tank is located. “Holiday,” when used with respect to underground storage tank coating or cladding, means a pinhole or void in a protective coating or cladding. “Hydraulic lift tank” means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. “Inconclusive” means the conclusion of a statistical inventory reconciliation report that is not decisive as to whether a release has been detected. “Independent testing organization” means an organization which tests products or systems for compliance with voluntary consensus standards. To be acceptable as an independent testing organization, the organization shall not be owned or controlled by any client, industrial organization, or any other person or institution with a financial interest in the product or system being tested. For an organization to certify, list, or label products or systems in compliance with voluntary consensus standards, it shall maintain formal periodic inspections of production of products or systems to ensure that a listed, certified, or labeled product or system continues to meet the appropriate standards. “Independent third party” means independent testing organizations, consulting firms, test laboratories, not-for-profit research organizations and educational institutions with no financial interest in the matters under consideration. The term includes only those organizations which are not owned or controlled by any client, industrial organization, or any other institution with a financial interest in the matter under consideration. “Integral secondary containment” means a secondary containment system manufactured as part of the underground storage tank. “Interstitial Liquid Level Measurement liquid level measurement” Method method (as the term is used in section 25290.1 of the Health and Safety Code) or “Hydrostatic Monitoring” Method “hydrostatic monitoring” method means a release detection method that continuously monitors

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the liquid level within a liquid-filled interstitial space of an underground storage tank. The term includes only those release detection systems that are capable of detecting a breach in the primary or secondary containment of the underground storage tank component(s) being monitored before the hazardous substance stored is released to the environment. To accomplish this, the liquid in the interstitial space shall be maintained at a pressure greater than the operating pressure found within the component(s) being monitored. This pressure may be achieved, for example, by adequately elevating the liquid reservoir or by pressurizing the liquid-filled interstice. Hydrostatic monitoring methods shall meet the requirements of section 2643, subdivision (f). “Interstitial space” means the space between the primary and secondary containment systems. “Leak threshold” means the value against which test measurements are compared and which serves as the basis for declaring the presence of a leak. The leak threshold is set by the manufacturer in order to meet state and federal requirements. Leak threshold is not an allowable leak rate. “Liquid asphalt tank” means an underground storage tank which contains steam-refined asphalts. “Liquefied petroleum gas tank” means an underground storage tank which contains normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in a liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit. “Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing hazardous substances. “Manufacturer” means any business which produces any item discussed in these regulations. “Manual inventory reconciliation” means a procedure for determining whether an underground tank system is leaking based on bookkeeping calculations, using measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. This terms does not include procedures which are based on statistical inventory reconciliation. “Membrane liner” means any membrane sheet material used in a secondary containment system. A membrane liner shall be compatible with the substance stored. “Membrane liner fabricator” means any company which converts a membrane liner into a system for secondary containment. “Membrane manufacturer” means any company which processes the constituent polymers into membrane sheeting from which the membrane liner is fabricated into a system for secondary containment. “Motor vehicle” means a self-propelled device by which any person or property may be propelled, moved, or drawn. “Motor vehicle fuel tank” means an underground storage tank that contains a petroleum product. The definition does not include underground storage tanks that contain used oil.

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“New underground storage tank” means an underground storage tank which is not an existing underground storage tank. “Non-volumetric test” means a tank integrity test method that ascertains the physical integrity of an underground storage tank through review and consideration of circumstances and physical phenomena internal or external to the tank. “Operational life” means the period beginning when installation of the tank system has begun until the time the tank system should be properly closed. “Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank system. “Person”, as defined in Chapter 6.7 of Division 20 of the Health and Safety Code includes any entity defined as a person under the Federal Act federal act. “Perennial ground water” means ground water that is present throughout the year. “Petroleum” means petroleum including crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. “Pipeline leak detector” means a continuous monitoring system for underground piping capable of detecting at any pressure, a leak rate equivalent to a specified leak rate and pressure, with a probability of detection of 95 percent or greater and a probability of false alarm of 5 percent or less. “Probability of detection” means the likelihood, expressed as a percentage, that a test method will correctly identify a leaking underground storage tank. “Probability of false alarm” means the likelihood, expressed as a percentage, that a test method will incorrectly identify a “tight” tank as a leaking underground storage tank. “Qualitative release detection method” means a method which detects the presence of a hazardous substance or suitable tracer outside the underground storage tank being tested. “Quantitative release detection method” means a method which determines the integrity of an underground storage tank by measuring a release rate or by determining if a release exceeds a specific rate. “Release detection method or system” means a method or system used to determine whether a release of a hazardous substance has occurred from an underground tank system into the environment or into the interstitial space between an underground tank system and its secondary containment. “Repair” means to restore a tank or underground storage tank system component that has caused a release of a hazardous substance from the underground storage tank system. “Septic tank” means a tank designed and used to receive and process biological waste and storage.

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“Service technician” means any individual who installs or tests monitoring equipment, or provides maintenance, service, system programming or diagnostics, calibration, or trouble-shooting for underground storage tank system components. “Statistical inventory reconciliation” means a procedure to determine whether a tank is leaking based on the statistical analysis of measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. “Statistical inventory reconciliation provider” means the developer of a statistical inventory reconciliation method that meets federal and state standards as evidenced by a third-party evaluation conducted according to section 2643(f), or an entity that has been trained and certified by the developer of the method to be used. In either case, the provider shall have no direct or indirect financial interest in the underground storage tank being monitored. “Storm water or wastewater collection system” means piping, pumps, conduits and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance. “Submit” means to provide documentation or information to the State Water Board, the Regional Water Quality Board, or the local agency by the specified method. If no method is specified herein, submittal may be made by hand-delivery, mail, or facsimile or other electronic methods, unless otherwise directed by the agency that will receive the submittal. If the method specified is through the California Environmental Reporting System or a local reporting portal, but at the time of the submittal the California Environmental Reporting System data dictionary does not define the data elements for the submittal and there is no specific-named document upload option for that submittal, then it shall be as though no method is specified. “Substantially beneath the surface of the ground” means that at least 10 percent of the underground tank system volume, including the volume of any connected piping, is below the ground surface or enclosed below earthen materials. “Sump,” “pit,” “pond,” or “lagoon” means a depression in the ground which lacks independent structural integrity and depends on surrounding earthen material for structural support of fluid containment. “Tank integrity test” means a test method that can ascertain the physical integrity of any underground storage tank. The term includes only test methods which are able to detect a leak of 0.1 gallons per hour with a probability of detection of at least 95 percent and a probability of false alarm of 5 percent or less. The test method may be either volumetric or non-volumetric in nature. A leak rate is reported using a volumetric test method, whereas, a non-volumetric test method reports whether a substance or physical phenomenon is detected which may indicate the presence of a leak. “Unauthorized release” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code does not include intentional withdrawals of hazardous substances for the purpose of legitimate sale, use, or disposal. “Under-Dispenser Containment” “Under-dispenser containment” means secondary containment that is located under a dispenser.

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“Under-Dispenser “Under-dispenser spill containment or control system” means a device that is capable of preventing an unauthorized release from under the dispenser from entering the soil or groundwater or both. “Upgrade” means the addition or retrofit of some systems such as cathodic protection, lining, secondary containment, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of hazardous substances. “Volumetric test” means a tank integrity test method that ascertains the physical integrity of any underground storage tank through review and comparison of tank volume. “Voluntary consensus standards” means standards that shall be developed after all persons with a direct and material interest have had a right to express a viewpoint and, if dissatisfied, to appeal at any point (a partial list of the organizations that adopt voluntary consensus standards are shown in Appendix I, Table B). “Wastewater treatment tank” means a tank designed to treat influent wastewater through physical, chemical, or biological methods and which is located inside a public or private wastewater treatment facility. The term includes untreated wastewater holding tanks, oil water separators, clarifies, sludge holding tanks, filtration tanks, and clarified water tanks that do not continuously contain hazardous substances. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25282, 25283, 25284, 25284.1, 25290.1, 25292.3, 25296.35, and 25299.5(a), 25404 and 25404.1, Health and Safety Code; and 40 CFR §§ 280.10 and 280.12.




monitoring program approved by the local agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subsection subdivision (c) and shall include the items listed in subsection subdivision (d).


containment system as described in subsection subdivision (c)(1) or one or more of the methods listed in subsection subdivision (c)(2).




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(B) Visual inspections shall be performed daily, except on weekends and recognized state and/or federal holidays. Inspections may be more frequent if required by the local agency or the local agency may reduce the frequency of visual monitoring at facilities where personnel are not normally present and inputs to and withdrawals from the underground storage tanks are very infrequent. In these instances, visual inspection shall be made weekly. The inspection schedule shall take into account the minimum anticipated time during which the secondary containment system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections will occur on a routine basis when the liquid level in the tanks is at its highest. The inspection frequency shall be such that any unauthorized release will remain observable on the exterior of or the surface immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable shall consider the volatility of the hazardous substance and the porosity and slope of the surface immediately beneath the tanks.










(1) A written procedure for monitoring, submitted on submitted through the “Underground Storage Tank UST Tank Information/Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, submittal element in the California Environmental Reporting System or a local reporting portal, which establishes:

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(A) The frequency of performing the monitoring; (B) The methods and equipment, identified by name and model, to be used for












11







Wet Volatile X X X


[FN1] A “dry” system does not contain liquid within the secondary containment during normal operating conditions while a “wet” system does. [FN2] Includes continuously operated mechanical or electronic devices. [FN3] Includes either qualitative or quantitative determinations of the presence of the hazardous substance. [FN4] Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, and 25291 and 25404, Health and Safety Code; and 40 CFR § 280.43.






(1) The leak interception and detection system shall be monitored in accordance with subsection subdivision (d) of this section;



12







(2) The owner or operator shall prepare a written procedure for routine monitoring,

submitted on the “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, which establishes: procedure for monitoring, submitted through the “UST Tank Information/Monitoring Plan” submittal element in the California Environmental Reporting System or a local reporting portal, which establishes:








13

(e) A response plan for an unauthorized release shall be developed before the underground storage tank system is put into service and submitted through the California Environmental Reporting System or a local reporting portal within 30 days after the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of subsection section 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:








Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291, and 25292 and 25404, Health and Safety Code; and 40 CFR § 280.41.







adequate by a corrosion specialist. The cathodic protection systems shall be tested by a cathodic protection tester within six months of installation and at least every three years thereafter. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed in accordance with voluntary consensus standards.

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Impressed-current cathodic protection systems shall also be inspected no less than every 60 calendar days to ensure that they are in proper working order.

(B) Underground storage tanks protected with fiberglass-reinforced plastic coatings,

composites, or equivalent non-metallic exterior coatings or coverings, including coating/sacrificial anode systems, shall be tested at the installation site using an electric resistance holiday detector. All holidays detected shall be repaired and checked by a factory authorized repair service before installation. During and after installation, care shall be taken to prevent damage to the protective coating or cladding. Preengineered corrosion protection systems with sacrificial anodes shall be checked once every three years in accordance with the manufacturer's instructions.



(4) All secondary containment systems shall pass a post- installation test which meets the




developed in accordance with voluntary consensus standards and the manufacturer's written installation instructions. The owner or operator shall certify that the underground storage tank was installed in accordance with the above requirements as required by subsection subdivision (d) of this section.





(1) The spill container shall collect any hazardous substances spilled during product delivery operations to prevent the hazardous substance from entering the subsurface environment. The spill container shall meet the following requirements:

15

(A) If it is made of metal, the exterior wall shall be protected from galvanic corrosion. (B) It shall have a minimum capacity of five gallons (19 liters). (C) It shall have a drain valve which allows drainage of the collected spill into the primary






(C) Provide positive shut-off of flow to the tank when the tank is filled to no more than 95

percent of capacity; or, (D) Provide positive shut-off of flow to the tank so that none of the fittings located on the










16





original excavation for the secondary containment system shall have a water-tight cover which extends at least one foot beyond each boundary of the original excavation. This cover shall be asphalt, reinforced concrete, or equivalent material which is sloped to drainways leading away from the excavation. Access openings shall be constructed as water-tight as practical. Primary containment systems with integral secondary containment and open vaults are exempt from the requirements of this subsection subdivision.




conditions in subdivision paragraphs (1) through (4) below. The certification shall be made on an “Underground Storage Tank Certification of Installation/Modification” form in Title 27, Division 3, Subdivision 1, Chapter 6. the “UST Certification of Installation/ Modification” submittal element in the California Environmental Reporting System or a local reporting portal. (1) The installer has met the requirements set forth in section 2715, subdivisions (g) and (h); (2) The underground storage tank, any primary piping, and any secondary containment, was




Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25290.1, 25290.2, 25291, and 25299 and 25404, Health and Safety Code; and 40 CFR 280.20 and 280.40-280.45§§ 280.20, 280.40, 280.41, 280.42, 280.43, 280.44 and 280.45.

17



(1) vent Vent or tank riser piping, provided the primary containment system is equipped with

an overfill prevention system meeting the requirements specified in sections 2635(b)(2)(B) or (C); or,

(2) vapor Vapor recovery piping if designed so that it cannot contain liquid-phase product;

or, (3) suction Suction piping if the piping is designed, constructed, and installed as follows:




subdivisions subparagraphs (A) through (C) above. (b) All corrodible underground piping, if in direct contact with backfill material, shall be protected





an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator shall certify that the piping was installed in accordance with the above requirements of section 2635(d). The certification shall be made on the “Underground Storage Tank Certification of Installation/Modification” form in Title 27, Division 3, Subdivision 1, Chapter 6. “UST Certification of Installation/ Modification” submittal element in the California Environmental Reporting System or a local reporting portal.

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(d) Lined trench systems used as part of a secondary containment system shall be designed and constructed according to a code of practice or engineering standard approved by a state registered professional engineer. The following requirements shall also apply: (1) All trench materials shall be compatible with the substance stored and evaluated by an

independent testing organization for their compatibility or adequacy of the trench design, construction, and application.


(e) All new primary piping and secondary containments systems shall be tested for tightness

after installation in accordance with manufacturer's guidelines. Primary pressurized piping shall be tested for tightness hydrostatically at 150 percent of design operating pressure or pneumatically at 110 percent of design operating pressure. If the calculated test pressure for pressurized piping is less than 40 psi, 40 psi shall be used as the test pressure. The pressure shall be maintained for a minimum of 30 minutes and all joints shall be soap tested. A failed test, as evidenced by the presence of bubbles, shall require appropriate repairs and retesting. if If there are no manufacturer's guidelines, secondary containment systems shall be tested using an applicable method specified in an industry code or engineering standard. Suction piping and gravity flow piping which cannot be isolated from the tank shall be tested after installation in conjunction with an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f), if approved by the local agency.







requirement in subdivision paragraph (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. Continuous monitoring systems as described in subdivision paragraph (1), which shut down the pump in addition to either activating the audible and visual alarm or stopping the flow of product at the dispenser, satisfy the automatic line leak detector requirement of subdivision paragraph (2).

[Editor's note: Version of (f)(3) effective 1-17-2008.]

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(3) Until November 9, 2004, other monitoring methods may be used in lieu of the requirement in subdivision paragraph (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. As an example, continuous monitoring systems as described in or stopping the flow of product at the dispenser, satisfy the automatic line leak subdivision paragraph (1), which shut down the pump in addition to either activating the audible and visual alarm detector requirement of subdivision paragraph (2), for purposes of this subdivision (f)(3).






dispenser when a leak is detected in the under- dispenser containment. (B) The monitoring system for all product piping other than that contained in the under-



subdivision paragraph (1), which activate an audible and visual alarm in the event of a leak or a malfunction of the monitoring system satisfy the automatic line leak detector requirement of subdivision paragraph (2), provided that the monitoring system is checked at least daily by either remote electronic access or on-site visual inspections. A log of daily checks shall be available for local agency review upon request.


with the following:



feet of a public drinking water well, as identified pursuant to the state Geographic Information System mapping database GeoTracker.

(C) By December 31, 2003, for systems not subject to subsection 2636(g)(1)

paragraph (A) or (B).

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(2) Under-dispenser containment shall be designed, constructed, installed, and monitored in accordance with section sections 2631, 2636(c)(2), 2636(e), and 2636(f).

(3) A manufacturer of an under-dispenser spill containment or control system may apply to








Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291, 25296.35, and 25299 and 25404, Health and Safety Code; and 40 CFR 280.20 and 280.40-280.45§§ 280.20, 280.40, 280.41, 280.42, 280.43, 280.44 and 280.45.








installed, and monitored in accordance with Article 3.

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(d) Owners or operators of tanks monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code shall comply with the requirements of section 2645. Tank systems having a capacity of more than 2,000 gallons shall not be monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code.

(e) An owner or operator of an underground storage tank system with a single-walled

component that is located within 1,000 feet of a public drinking water well, as notified by the board according to its Geographic Information System mapping database GeoTracker, shall implement a program of enhanced leak detection or monitoring for that tank system in accordance with section 2644.1. Additionally, the following conditions for enhanced leak detection shall apply:

(1) For the purpose of section 2644.1, vent or tank riser piping, vapor recovery piping, and

suction piping that meet the definitions of section 2636(a)(1), (2), or (3), are not considered single-walled components.

(2) Owners or operators notified by the board who believe that their facility is not subject to

this requirement may request reconsideration by the Division of Clean Water Programs Water Quality Underground Storage Tank Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 calendar days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, within 90 calendar days of receipt of the request.

(3) The request for reconsideration must include the name and address of the subject

facility, the name and address of the owner or operator submitting the request, and the reason(s) why the requester believes the board notification was in error. If the request is based on evidence that the UST system in question is greater than 1,000 feet from a public drinking water well, the request shall include a demonstration that the center of the well head is more than 1,000 ft feet from the closest component of the UST system. If the request is based on evidence that the subject UST system does not have a single-walled component, the request shall include supporting documentation. A copy of the request shall be concurrently submitted to the local agency.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.4 and 25296.35, Health and Safety Code; and 40 CFR §§ 280.40, 280.42 and 280.43(b).


section. Subsection Subdivision (b) contains monitoring requirements for underground storage tanks; subsection subdivision (c) for pressurized piping; subsection subdivision (d) for suction piping; and subsection subdivision (e) for gravity-flow piping. Examples of release detection methods that may be used to meet the requirements of this section are in Appendix III.

(b) Quantitative release detection method used to monitor underground storage tanks shall be

conducted according to one of the methods listed in subdivisions paragraphs (1) through (5) below. These quantitative monitoring methods shall meet the requirements of

22

section 2643(f) and shall be capable of detecting release rates specified in this section with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.




level in the tank is at least three feet and shall be capable of detecting a release of 0.1 gallon per hour. The automatic tank gauge shall generate hard copies of data as specified in subdivision (b)(1) above. In addition, manual inventory reconciliation shall be conducted in accordance with section 2646 (except for subsection [b] subdivision (b)).






for compliance with this section subdivision and section 2643 subdivision (f). (c) Piping that conveys hazardous substances under pressure shall be monitored in accordance

with subdivision (c) paragraph (1), and either subdivision paragraph (2) or (3).

(1) Monitoring shall be conducted at least hourly at any pressure. The monitoring method shall be capable of detecting a release equivalent to 3.0 gallons per hour defined at 10 pounds per square inch pressure within one hour of its occurrence with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. The leak detection method shall restrict or shut off the flow of product through the

23

piping or trigger a visual and audible alarm if an unauthorized release occurs. If the use of piping is intermittent, leak detection monitoring is required only at the beginning or end of the period during which the piping is under pressure, but in any event there shall not be more than one hour between the time the equipment initiates the test and detection of an unauthorized release; and





(d) Piping that conveys hazardous substances under less than atmospheric pressure (suction

piping) shall be tested at least every three years at a pressure designated by the test equipment manufacturer. The test method shall by be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at a minimum of 40 psi with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency. Daily monitoring shall be performed as described in Appendix II except for emergency generator systems, which may be monitored less often, but at least monthly. Written records describing the results of the monitoring shall be maintained in accordance with section 2712(b).




reconciliation and manual tank gauging, shall be certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in subdivisions paragraphs (1) through (3) below:






using a procedure deemed equivalent to an EPA procedure. Any resultant certification

24

shall include a statement by the association or laboratory that the conditions under which the test was conducted were at least as rigorous as those used in the EPA standard test procedure. This certification shall include statements that:




expected to be encountered in 75 percent of the normal test cases; (C) All portions of the equipment or method evaluated received the same evaluation; (D) The amount of data collected and the statistical analysis are at least as extensive

and rigorous as the data collected and statistical analysis used in the corresponding EPA test procedure and are sufficient to draw reasonable conclusions about the equipment or method being evaluated;



(4) The evaluation results referred to in subsections (f) paragraphs (2) and (f)(3) shall

contain the same information and shall be reported following the same general format as the EPA standard results sheet as any corresponding EPA test procedure.


before conducting a tank or piping integrity test unless the notification requirement is waived by the local agency. Within 30 calendar days of completion of an underground storage tank or piping integrity test, the tank owner or operator shall provide submit a report to the local agency through the California Environmental Reporting System or a local reporting portal with a report. The results of any underground storage tank tests, other than those required by this article, performed on the underground storage tank or piping to detect an unauthorized release shall be reported submitted by the owner or operator to the local agency through the California Environmental Reporting System or a local reporting portal within 30 calendar days of completion of the test. The report shall be presented in written and/or tabular format, as appropriate, and shall be at a level of detail appropriate for the release detection method used.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section Sections 25292 and 25404, Health and Safety Code; and 40 CFR 280.40-280.45§§ 280.40, 280.41, 280.42, 280.43, 280.44 and 280.45.



25

(1) Enhanced leak detection means a test method that ascertains the integrity of an

underground tank system by introduction, and external detection, of a substance that is not a component of the fuel formulation that is stored in the tank system.




enhanced leak detection reviewed and approved by the local agency within 6 months following notification by the board. The enhanced leak detection shall be implemented no later than 18 months following receipt of notification from the board and repeated every 36 months thereafter.





Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25291, 25292, and 25292.4 and 25404, Health and Safety Code; and 40 CFR §§ 280.40 and 280.41.


(a) Owners or operators required under section 2650 to report a release or condition, shall





26

(1) Owner's or operator's name and telephone number; (2) A list of the types, quantities, and concentrations of hazardous substances released; (3) The approximate date of the release; (4) The date on which the release was discovered; (5) The date on which the release was stopped; (6) A description of the actions taken to control and/or stop the release; (7) A description of the corrective and remedial actions, including investigations which were

undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release;



contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall be attached to accompany the report;





the local agency or Regional Water Quality Board, through GeoTracker whichever agency is overseeing the cleanup, every three months, or more frequently as if specified by the agency overseeing the cleanup. Reports shall include but not be limited to, an update of the required information in subsection subdivision (c), and the results of all investigation monitoring or other corrective actions which have occurred during the reporting period. Information required by sections 2653 and 2654 shall be submitted as part of the periodic report to the agency.



(f) If the test results from either an investigation conducted under subsection subdivision (e), or

from other procedures approved by the agency, fail to confirm that there has been an unauthorized release from the underground storage tank, no further investigation or corrective action is required.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25288, and 29295, 25296.35 and 25404, Health and Safety Code; and 40 CFR 280.52-280.53§§ 280.52 and 280.53.

27




previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site. The free product removal process shall result in proper treatment, discharge or disposal of recovery by products in compliance with applicable local, state and federal regulations.










Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code Reference: Sections 25295 and 25296.35, Health and Safety Code; and 40 CFR § 280.64.

28


repair a tank pursuant to section 2661. However, a tank that has been repaired using the interior lining method may not be repaired a second time with the interior lining method. The evaluations described in subsections subdivisions (b) and (c) of this section shall be completed before the lining of a primary container may be authorized by the local agency. The local agency shall deny the proposed lining if the owner fails to demonstrate that the lined primary container will provide continued containment based on the evaluations described in subsections subdivisions (b) and (c).


will provide structural support if the tank is lined. A copy of this certification shall be provided submitted by the owner to the local agency through the California Environmental Reporting System or a local reporting portal. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon of the following sets of procedures and criteria:







a test conducted in accordance with subdivisions (1) subparagraphs (A) through (C) of this subsection paragraph, the tank shall be closed in accordance with Article 7.






1. An open seam or a split longer than three inches.

29

2. A perforation larger than one and one half inches in diameter except directly below a gauging opening at the bottom of a tank where the perforation shall be no longer than two and one half inches in diameter.


diameter.

(3) A test approved by the State Water Board as comparable to the tests specified in subsections (b) paragraphs (1) or (2) above.


tests conducted in accordance with subsection subdivision (b) above, that a serious corrosion or structural problem does not exist. If the local agency or special inspector determines that a serious corrosion or structural problem exists, interior lining may be performed only if it can be demonstrated to the satisfaction of the local agency that new or additional corrosion protection will significantly minimize the corrosion and that the existing corrosion problem does not threaten the structural integrity or containment ability of the underground storage tank.







any tank is repaired using the interior lining method, it shall be inspected by a coatings expert or special inspector within ten years of lining and every five years thereafter. Written certification of the inspection shall be provided submitted by the tank owner and the party performing the inspection to the local agency through the California Environmental Reporting System or a local reporting portal within 30 calendar days of completion of the inspection. The inspection shall include all of the following:




30

(3) If the tank is constructed of fiberglass, taking interior diameter measurements to verify whether the cross-section has compressed by more than one percent of the original diameter.






(7) For steel tanks, testing the lining using an electrical resistance holiday detector in

accordance with nationally-recognized industry codes. The owner or operator shall have all holidays repaired and checked in accordance with nationally recognized industry codes.


(A) the tank is suitable Suitable for continued use for a minimum of five years.; (B) the tank is suitable Suitable for continued use for a minimum of five years only if it is

relined or other improvements are made.; or (C) the tank is no No longer suitable for continued use and shall be closed in accordance

with Article 7.

(9) A lined tank shall be closed in accordance with Article 7 at the end of its operational life. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.1, and 25296 and 25404, Health and Safety Code; and 40 CFR §§ 280.21 and 280.33.






31

(1) The bladder system shall be installed under the direct supervision of a representative of the bladder system fabricator or a contractor certified by the fabricator.

(2) The entire interstitial space between the tank and the bladder shall be monitored in accordance with subsection subdivision 2632(c)(2).

(3) Materials used in the bladder system shall be product-tight and compatible with the



installed in accordance with section 2635(a)(2)(A) and, before installing a bladder system, a special inspector shall certify that the underground storage tank has sufficient structural integrity to seal the interstitial space between the bladder and the underground storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the set of procedures and criteria specified in section 2663(b)(2), except that abrasive blasting is only required to the extent deemed necessary by manufacturers' specifications, or the special inspector, to assess the structural integrity of the underground storage tank.

(6) The bladder installer shall certify in writing to the local agency that sufficient measures

have been taken to minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder. The tank owner shall submit the certification to the local agency through the California Environmental Reporting System or a local reporting portal.





Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, and 25292.1 and 25404, Health and Safety Code; and 40 CFR §§ 280.21, 280.32(d) and 281.33.



(1) The name and address of the person who owns the underground storage tank or tanks.

32

(2) The name, location, mailing address, and telephone number where the underground storage tank is located, and type of business involved, if any.

(3) The name, address, and telephone numbers of the underground storage tank operator and 24-hour emergency contact person.

(4) The name and telephone number of the person making the application. (5) A description of the underground storage tank including, but not limited to, the




construction, material, corrosion protection and leak detection. (8) A scaled diagram or design or as-built drawing which indicates the location of the

underground storage tank (underground storage tank, piping, auxiliary equipment) with respect to buildings or other landmarks.










33


(B) If the tank or facility is owned by a corporation, partnership, or public agency, the

application shall be signed by:

1. A principal executive officer at the level of vice-president or by an authorized representative. The representative shall be responsible for the overall operation of the facility where the underground storage tank(s) are located; or,


of a public agency. (b) The owner or operator shall inform submit to the local agency through the California

Environmental Reporting System or a local reporting portal of any changes to the information provided in accordance with subsection subdivision (a) within 30 calendar days unless required to obtain approval before making the change.

(c) The permit applications, “Underground Storage Tank Operating Permit Application -Facility

Information,” “Underground Storage Tank Operating Permit Application -Tank Information,” and “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, shall be accompanied by the All applicable submittal elements for the permit application must be submitted to the California Environmental Reporting System or a local reporting portal. Owners and operators shall pay all applicable local government and state surcharge fees.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, and 25287 and 25404, Health and Safety Code.






(1) The date and time of all monitoring or sampling; (2) Monitoring equipment calibration and maintenance records;

34

(3) The results of any visual observations; (4) The results of all sample analysis performed in the laboratory or in the field, including

laboratory data sheets and analysis used; (5) The logs of all readings of gauges or other monitoring equipment, ground water

elevations, or other test results; and (6) The results of inventory readings and reconciliations.




underground storage tank owner does not change conditions of the permit, and (2) the transfer is registered with reported to the local agency by submitting all of the required submittal elements in the California Environmental Reporting System or a local reporting portal within 30 days of the change in ownership, and (3) state permit application forms are completed to show the changes. Transferred permits shall expire and be renewed on the original expiration date. A local agency may review, modify, or terminate the permit to operate the underground storage tank upon receiving an ownership transfer request.

(e) The local agency shall not renew an underground storage tank permit unless the

underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection verified that the underground storage tank complied with the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. The inspection shall be conducted as specified in section 25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicated noncompliance then the local agency shall verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.






of Chapter 6.7 and 6.75 of the Health and Safety Code and these regulations.

35

(i) A paper or electronic copy of the permit and all conditions and attachments, including

monitoring plans, shall be retained readily accessible at the facility. (j) All primary containment shall be product-tight. (k) Owners and operators shall use care to prevent releases due to spilling or overfilling. Before

product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall ensure that the transfer operation is monitored constantly to prevent overfilling and spilling.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293, and 25294 and 25404, Health and Safety Code; and 40 CFR §§ 280.31(d), 280.33(f), 280.45 and 281.32(e).






(c) On a semi-annual basis, each local agency shall send to the board, information pertaining to

local underground storage tank program implementation and enforcement activities. This information shall be submitted using “Semi-Annual Underground Storage Tank Program Report 6” as specified in Title 27, section 15290, a local information management system, local reporting portal, or the California Environmental Reporting System, and shall include, but not be limited to the number of:

(1) tanks Tanks subject to regulation (2) regulated Regulated facilities (3) facility Facility inspections conducted (4) inspected Inspected facilities in compliance with release detection and release

prevention requirements (5) underground Underground storage tank systems that received a red tag pursuant to

Article 10.5, including:

(A) the The name and address of the facility at which the tank system is located; (B) the The names of the owner and operator of the tank system; (C) the The red tag's identification number;

36

(D) the The date the red tag was affixed to the tank system; (E) the The specific violation for which the tank system received the red tag; (F) the The date the red tag was removed from the tank system.

(d) Local agencies shall report formal and informal enforcement actions, including the specific

violation for which the local agency took the enforcement action, using “Annual Enforcement Summary Report 4” as specified in Title 27, section 15290 through a local information management system, local reporting portal, or the California Environmental Reporting System.

Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, and 25292.3, 25296.35 and 25404, Health and Safety Code.



renewal of the permit, or application for a site-specific variance, shall submit all of the application submittal elements through the California Environmental Reporting System or a local reporting portal. Any person asserting a trade secret must submit identify all information which the person believes is a trade secret and submit a legal justification for the request for confidentiality to the local agency. The information which shall be submitted includes, but is not limited to:



referred to as “agency” for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subsection subdivision (f) of this section.




person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of “trade secrets” contained in the appropriate section of Chapter 6.7 of Division 20

37

of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subsection subdivision (c) of this section.


confidential as discussed in subsection subdivision (f) of this section until a final determination is made.

(f) Information which has been found to be confidential or which is being reviewed to determine





pursuant to other provisions of law. Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section Sections 25290 and 25404, Health and Safety Code.


statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned.



(3) The owner shall inform the local agency of submit any change of designated UST

operator(s) to the local agency through the California Environmental Reporting System or a local reporting portal no later than 30 days after the change.




storage tank systems for which they are designated. The results of each inspection shall be

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recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following:



(2) Inspecting for the presence of hazardous substance, water, or debris in spill containers. (3) Inspecting for the presence of hazardous substance, water, or debris in under-dispenser

containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity.




system have been completed, and documenting the dates these activities occurred. (6) Verifying that all facility employees have been trained in accordance with

subdivision 2715(f). (d) The designated UST operator(s) shall provide the owner or operator with a copy of each




(f) By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) shall

train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire.






alarms.

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shall be maintained on-site or off-site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005.









requirements:






certification shall be obtained from the manufacturer of the monitoring equipment.

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(C) In the event that no training or certification exists that would satisfy the criteria of subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification.



(4) Effective July 1, 2005, service technicians shall possess or work under the direct and

personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam. If the California UST Service Technician exam is not available by July 1, 2004, this requirement shall be effective twelve months after the date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.






Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, and 25284.1 and 25404, Health and Safety Code; and 40 CFR § 280.20.


(a) Corrective action includes one or more of the following phases:

(1) Preliminary Site Assessment Phase (2) Soil and Water Investigation Phase; (3) Corrective Action Plan Implementation Phase; and (4) Verification Monitoring Phase.

(b) The responsible party shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of an unauthorized release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, the responsible party shall notify the regulatory agency of the proposed

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action and shall comply with any requirements that the regulatory agency sets. Interim remedial actions include, but are not limited to, the following:

(1) removal Removal of free product. Free product removal must comply with the applicable

provisions of Section 2655 of Article 5; (2) enhanced Enhanced biodegradation to promote bacterial decomposition of

contaminants; (3) excavation Excavation and disposal of contaminated soil; (4) excavation Excavation and treatment of contaminated soil; (5) vacuum Vacuum extraction of contaminants from soil or ground water; and (6) pumping Pumping and treatment of ground water to remove dissolved contaminants.



(1) for For proposed activities under the Preliminary Site Assessment Phase, if directed by

the regulatory agency; and (2) before Before initiating any work in accordance with Sections 2725 and 2727 of this

Article. (d) The workplan shall include the proposed actions and a proposed schedule for their



responsible party may begin implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the reponsible responsible party is otherwise directed in writing by the regulatory agency. Before beginning these activities, the responsible party shall:

(1) notify Notify the regulatory agency of the intent to initiate the proposed actions included

in the workplan submitted; and (2) comply Comply with any conditions set by the regulatory agency, including mitigation of

adverse consequences from cleanup activities. Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25295, 25296.35, 25297, 25299.14, 25299.37 and 25299.78, Health and Safety Code; and 40 CFR Sections 280.53 and 280.60 through 280.66, and Section 13267, Water Code; and 40 CFR §§ 280.53, 280.60, 280.61, 280.62, 280.63, 280.64, 280.65 and 280.66.

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(a) The Soil and Water Investigation Phase includes the collection and analysis of data necessary to assess the nature and vertical and lateral ex -tent of the unauthorized release and to determine a cost-effective method of cleanup.



(c) The responsible party shall submit the Corrective Action Plan through GeoTracker to the

regulatory agency for review and concurrence. The regulatory agency shall concur with the Corrective Action Plan after determining that implementation of the plan will adequately protect human health, safety and the environment and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the Corrective Action Plan in response to a final regulatory agency directive.


(1) an An assessment of the impacts listed in subsection subdivision (e) of this Section; (2) a A feasibility study, in accordance with subsection subdivision (f) of this Section; and (3) applicable Applicable cleanup levels, in accordance with subsection subdivision (g) of this Section.





potential beneficial uses of these waters; (4) The potential effects of residual contamination on nearby surface water and ground

water; and (f) The responsible party shall conduct a feasibility study to evaluate alternatives for remedying





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(3) For sites where the unauthorized release affects or threatens waters with no current or potential beneficial uses designated in water quality control plans, the feasibility study shall identify and evaluate at least one alternative to satisfy paragraph (1) of this subsection subdivision.



(1) For waters with current or potential beneficial uses for which numerical objectives have

been designated in water quality control plans, the responsible party shall propose at least two alternatives to achieve these numerical objectives;


have been designated in water quality control plans, the responsible party shall recommend target cleanup levels for long-term corrective actions to the regulatory agency for concurrence. Target cleanup levels shall be based on the impact assessment, prepared in accordance with subsection subdivision (e) of this Section.

Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25296.35, 25299.37 and 25299.57, Health and Safety Code.





the responsible party shall implement the Corrective Action Plan. The responsible party shall monitor, evaluate, and report submit the results of implementation of the Corrective Action Plan through GeoTracker on a schedule agreed to by the regulatory agency.

(c) In the interest of minimizing environmental contamination and promoting prompt cleanup, the

responsible party may begin cleanup of soil and water after the Corrective Action Plan has been submitted through GeoTracker and before it has received agency concurrence. Implementation of the Corrective Action Plan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. Before beginning this cleanup, the responsible party shall:

(1) notify Notify the regulatory agency of its intention to begin cleanup; and (2) comply Comply with any conditions set by the regulatory agency, including mitigation of

adverse consequences from cleanup activities.


Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Section Sections 25296.35 and 25299.37, Health and Safety Code; and 40 CFR Sections§§ 280.65 and 280.66.

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the Corrective Action Plan and evaluate its effectiveness. (b) The responsible party shall verify completion of the Corrective Action Plan through sampling

or other monitoring of soil and/or water for such period of time and intervals agreed to by the regulatory agency. Using the monitoring results obtained pursuant to this Section and any other relevant data obtained pursuant to this Article, the responsible party shall evaluate the effectiveness of the site work.


monitoring in writing through GeoTracker on a schedule and for a duration agreed to by the regulatory agency.

Authority cited: Section Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Section Sections 25296.35 and 25299.37, Health and Safety Code; and 40 CFR Section§ 280.65.