WHEREAS:

1. Section 25299.3 of Chapter 6.7, Health and Safety Code (H&SC) authorizes the SWRCB to adopt regulations to implement the provisions of Chapter 6.7 relating to underground storage tanks.

2. Section 2611 CCR defines a motor vehicle fuel (MVF) tank as, ". . . an underground storage tank that contains a petroleum product which is intended to be used primarily to fuel motor vehicles or engines."

3. Those petroleum USTs used for purposes other than fueling engines currently fall under the category of "other hazardous substance" tanks and have more stringent requirements for meeting improved construction standards by December 22, 1998 (Section 2662 CCR).

4. Amending the definition of MVF tank will allow all USTs containing petroleum products to be regulated uniformly.

5. Used oil tanks should continue to be regulated under the more stringent requirements of other hazardous substance tanks.

6. Specifiying that used oil tanks are not motor vehicle fuel tanks will eliminate confusion within the regulated community.

7. Unless the regulation is adopted on an emergency basis, tank owners will not have adequate time to take advantage of the amendment.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board adopts as emergency regulations the amendments to Section 2611, Chapter 16, Title 23 of the California Code of Regulations. The text of Section 2611 is amended as follows: "Motor vehicle fuel tank" means an underground storage tank that contains a petroleum product which is intended to be used primarily to fuel motor vehicles or engines. The definition does not include underground storage tanks that contain used oil. (Italic shows removed language/bold & underscore shows new language)

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1997.

/s/

Maureen Marché

Administrative Assistant to the Board