ITEM 9: UNDERGROUND STORAGE TANK (UST) UPGRADE COMPLIANCE CERTIFICATES - PROPOSED AMENDMENTS TO TITLE 23, CHAPTER 16, CALIFORNIA CODE OF REGULATIONS (CCR)

DISCUSSION: On January 1, 1998, the provisions of Assembly Bill 1491 (Ch. 808, Stats. of 1997, Cunneen) became effective. The bill amended Chapter 6.7 of the Health and Safety Code in three areas: 1) Section 25284 was amended to require the Board to develop upgrade compliance certificates for owners of underground storage tanks (USTs) containing petroleum; 2) Section 25284 was also amended to require the owners to display those certificates in order to receive petroleum deliveries after January 1, 1999; and, 3) Section 25292.3 was added to Chapter 6.7 to prohibit the delivery of petroleum unless the delivery person verifies that the facility has been issued an upgrade compliance certificate.

There are approximately 60,000 petroleum USTs in California located at 24,000 facilities such as gas stations, airports, school maintenance yards, military facilities, and hospitals. In order to receive petroleum deliveries after January 1, 1999, the owners of these facilities must upgrade or replace their substandard UST systems by December 22, 1998. If their systems meet upgrade requirements, their local agency inspectors will issue upgrade compliance certificates.

AB 1491 does not require each tank at a facility to display a certificate. However, members of the industry (California Independent Oil Marketers' Association, Western States Petroleum Association, local agency inspectors, fuel distributors, and major oil companies) believe identification of each tank is important to the person delivering fuel . By viewing a tag attached to the fill pipe of the tank, the delivery person has proof that the tank complies with upgrade requirements. The regulations define an upgrade compliance certificate to include a self-adhesive decal, a file copy of the decal, and a plastic tag for each upgraded tank.

This rulemaking requires emergency status because local agencies need adequate time before the December 22, 1998 deadline to review records and/or inspect facilities and then issue upgrade compliance certificates and fill pipe tags to facility owners.

POLICY ISSUE: Should the State Water Resources Control Board adopt the underground storage tank regulations as proposed?

RWQCB IMPACT: None

FISCAL IMPACT: None

STAFF RECOMMENDATION: That the underground storage tank regulations be adopted as proposed and the Executive Director be directed to submit the amended regulations to the Office of Administrative Law for their review.

DRAFT June 29, 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 (USTs).

2. Section 25284 of Chapter 6.7 H&SC was amended by Assembly Bill 1491 (Ch. 808, Cunneen, Stats. of 1997) to require: 1) operating permits for petroleum USTs to include upgrade compliance certificates; 2) owners of petroleum USTs to display an upgrade compliance certificate in a conspicuous location; 3) the State Board to inform suppliers where they may obtain lists of upgraded facilities; and, 4) local agencies to maintain lists of upgraded facilities and provide copies of those lists upon request.

3. Section 25292.3 was added to Chapter 6.7 H&SC by Assembly Bill 1491 to: 1) prohibit the delivery of petroleum to a non-upgraded petroleum USTs; and, 2) require anyone delivering petroleum to verify that the USTs have been upgraded before delivery of the fuel.

4. Regulations are adopted to implement, interpret, and make specific the provisions of law.

5. Adding a definition of "upgrade compliance certificate" to Section 2611 of existing UST regulations interprets and makes specific the requirements of Sections 25284 and 25292.3 H&SC.

6. Amending Section 2712 to include the requirement that an upgrade compliance certificate be included with a permit to operate an underground storage tank implements, interprets, and makes specific the requirements of Section 25284 H&SC.

7. Adopting Sections 2712.1 through 2712.6 will implement, interpret, and make specific the provisions of Section 25292.3 H&SC.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board adopts emergency amendments to Sections 2611 and 2712, and adopts Sections 2712.1 through 2712.6, Chapter 16, Title 23 of the California Code of Regulations as follows:

Section 2611 is amended as follows:

"Upgrade compliance certificate" consists of a numbered decal, file copy of the decal, and plastic fill pipe tag as described in Section 2712.1 of these regulations.

Section 2712 is amended as follows:

(c) A permit to operate issued by the local agency shall be effective for five years. In addition to other information specified by the local agency, the permit shall include the permit expiration date, monitoring requirements, and the state underground storage tank identification number(s) for which the permit was issued. Where a facility contains petroleum underground storage tanks meeting the upgrade requirements of Sections 25291 or subdivisions (d) and (e) of Section 25292 of the Health and Safety Code, the permit shall include an upgrade compliance certificate. 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."

Sections 2712.1 through 2712.6 are adopted as follows:

2712.1. Content of Upgrade Compliance Certificates

(a) An upgrade compliance certificate includes one decal as described in subdivision (b), one file copy of the decal as described in subdivision (c), and one tag for each tank storing petroleum as described in subdivision (d) of this section.

(b) A decal shall have an adhesive-backing and shall be 5 inches wide by 8 inches long containing:

(1) a graphic comprised of a blue background, solid white symbol in the shape of the State of California, and wavy blue lines depicting water;

(2) the words, "Underground Storage Tank Facility Upgrade Compliance Certificate;"

(3) the statement, "This upgrade compliance certificate is issued pursuant to Chapter 6.7, Section 25284 (e), California Health and Safety Code;"

(4) a certificate number affixed mechanically at the time of production;

(c) A file copy shall be 8 1/2 inches wide by 11 inches long, and shall contain:

(1) in the upper right corner, a number affixed at the time of production;

(2) an unnumbered, black and white facsimile of an upgrade compliance certificate;

(3) instructions to the local agency to enter the name of the owner and facility; street address, city, and zip code of facility; facility identification number; name of issuing agency; and date of issue.

(d) A tag shall be 3 15/16 inches long by 2 inches wide made of plastic, bearing a facsimile of an unnumbered decal on both sides and contain the words, "CALIFORNIA UST UPGRADE."

2712.2 Issuing Upgrade Compliance Certificates

(a) The Board shall provide decals, file copies, tags, and nylon straps to local agencies for issuance to underground storage tank facilities.

(b) Local agencies shall issue one decal to the owner or operator of each underground storage tank facility containing one or more petroleum underground storage tanks meeting the requirements of Section 25291 or subdivisions (d) and (e) of Section 25292 of the Health and Safety Code.

(c) Local agencies shall issue one matching file copy of the decal to the owner or operator.

(d) Local agencies shall issue one tag for each petroleum underground storage tank meeting the requirements of Section 25291 or subdivisions (d) and (e) of Section 25292 of the Health and Safety Code to the owner or operator.

(e) Local agencies shall issue one nylon strap, 18 inches long, for each tag issued. The strap, provided by the Board, shall be imprinted with the words, "California UST Upgrade."

2712.3 Displaying Upgrade Compliance Certificates

(a) A decal shall be displayed at a facility in a location visible to the person delivering petroleum to an underground storage tank.

(b) A tag shall be attached, using a nylon strap described in Section 2712.2 (e), to the fill pipe of each underground storage tank.

2712.4 Replacing Upgrade Compliance Certificates

(a) A facility owner or operator may request replacement of a lost, stolen, or destroyed decal, file copy, tag, or strap from the local agency. The request must be in writing, signed under penalty of perjury by the requester, and include the reason for the request and any additional information required by the local agency.

(b) A local agency may replace a decal, file copy, tag, or nylon upon receipt of a written request. No replacements shall be issued if the local agency determines that the request is not due to loss, theft, or destruction of the originals.

2712.5 Lists of Underground Storage Tank Facilities

(a) Local agencies shall maintain lists of underground storage tank facilities that have been issued an upgrade compliance certificate. The lists shall include, but not be limited to the name and physical address of the facility, the upgrade compliance certificate number, and the name of the owner.

(b) Local agencies shall provide copies of lists to any person upon request.

2712.6 Prohibitions

(a) Unless authorized by the local agency, no person shall alter an upgrade compliance certificate. The local agency may amend the file copy to reflect changes in the operating permit.

(b) No person shall deliver petroleum to an underground storage tank without verification that the underground storage tank meets the requirements of Section 25291 or subdivisions (d) and (e) of Section 25292 of the Health and Safety Code. Verification may include one of the following:

(1) viewing an upgrade compliance certificate decal displayed at the facility and viewing a fill pipe tag attached to the tank receiving petroleum;

(2) obtaining written verification or list from a local agency confirming that the facility has received an upgrade compliance certificate decal and viewing a fill pipe tag attached to the tank receiving petroleum;

(3) obtaining an upgrade compliance certificate file copy and viewing a fill pipe tag attached to the tank receiving petroleum.

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 July 23, 1998.

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Maureen Marché

Administrative Assistant to the Board