ITEM 5: DEFINITION OF MOTOR VEHICLE FUEL TANK -- FINAL CERTIFICATION OF EMERGENCY RULEMAKING AMENDMENTS TO TITLE 23, DIVISION 3, CHAPTER 16, SECTION 2611, CALIFORNIA CODE OF REGULATIONS (CCR), UNDERGROUND STORAGE TANK (UST) REGULATIONS RELATING TO THE DEFINITION OF MOTOR VEHICLE FUEL (MVF) TANKS.

DISCUSSION: The State Water Resources Control Board (SWRCB) is being asked to consider final certification of the emergency amendments to Section 2611 of Chapter 16 which became effective December 26, 1997 and will expire on April 26, 1998 unless the proposed amendments are adopted for final certification. This change in the underground storage tank regulations will modify the definition of MVF tanks to include all USTs containing liquid petroleum products without regard to the end use of the product.

The SWRCB adopted the proposed amendments as emergency regulations at its November 18, 1997 meeting. A notice of proposed rulemaking regarding the proposed amendments was published in the February 20, 1998 California Regulatory Notice Register. February 20, 1998 was the beginning of the 45-day public comment period which will end on April 6, 1998. Any adverse comments (up to March 31) regarding the proposed regulatory action will be summarized and discussed at the April 1, 1998 workshop. Any additional adverse comments received between March 31 and April 6, 1998 will be summarized and discussed at the April 16, 1998 meeting.

By December 22, 1998, USTs must meet improved construction standards. MVF tank owners may either replace or upgrade their existing tanks - the method of complying is up to the tank owner. However, owners of non-MVF tanks must install new, double-walled tanks because of the greater threat to the beneficial uses of groundwater from leaks and spills.

Article 1, Section 2611 CCR, defines a MVF tank as one that "contains a petroleum product which is intended to be used primarily to fuel motor vehicles or engines." By specifying motor vehicles and engines, other uses for the petroleum are excluded from the definition unnecessarily. For example, the exclusion from the definition has a direct effect on hospitals with USTs used for fueling boilers to heat water. Hospitals, like all other owners of USTs, must meet the December 22, 1998 deadline. Because the tanks are not MVF tanks as defined, they must be replaced rather than retrofitted (Section 2662 CCR). Replacing is more time consuming and expensive. It is unnecessary to require replacement of petroleum USTs used to fuel boilers because they pose no greater environmental risk than those petroleum USTs used for other purposes.

By amending Section 2611 CCR, USTs storing any petroleum product will be regulated uniformly without consideration for the use of the product in the UST. The amendment will not affect local UST programs. It may have an impact on decision making by California's hospital administrators regarding compliance with the deadline.

The amended definition will also specify that used oil tanks are not included in the definition of MVF tanks. Used oil tanks are regulated under the more stringent requirements of other hazardous substance tanks. The specific exclusion in the amended regulation is stated only to eliminate confusion within the regulated community.

POLICY ISSUE: Should the SWRCB adopt final certification of the emergency amendments to Section 2611 of Title 23, Division 3, Chapter 16, CCR as proposed?

FISCAL IMPACT: none

RWQCB IMPACT: none

STAFF RECOMMENDATION: Adopt final certification of the emergency amendments to Section 2661 CCR to include all petroleum USTs in the definition of MVF tank and to specifically exclude used oil tanks from the definition.

DRAFT March 23, 1998

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. The SWRCB adopted the proposed amendments as emergency regulations at its November 18, 1997 meeting, and these emergency regulations became effective on December 26, 1997. Unless final certification of the emergency regulations is adopted, the amendments will expire on April 26, 1998.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board adopts final certification of the emergency 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.

The undersigned, Administrative Assistant 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 April 16, 1998.

______________________________

Maureen Marché

Administrative Assistant tothe Board