Leak Prevention – Underground Storage Tanks

State Water Resources Control Board - Proposed Chapter 16 Rewrite Regulations

Information on the Proposed Rewrite of Chapter 16, Division 3, Title 23 of the California Code of Regulations

Background

The State Water Resources Control Board (State Water Board) amended the California Code of Regulations, title 23, division 3, chapter 16, to clarify language, reorganize topics, and update underground storage tank (UST) construction, monitoring, and testing requirements to be consistent with modern technologies and practices. Pursuant to Health and Safety Code, chapter 6.7, section 25292.05, all single-walled USTs were required to be permanently closed by December 31, 2025. All references to single-walled UST construction, monitoring, and testing have been removed from the amended regulations.

The proposed regulations utilize performance goals over prescriptive methods where possible to provide flexibility to the UST community, and to promote the development of new construction, monitoring, and testing technologies. Testing forms have been updated to reflect the proposed changes.

The proposed regulations were presented to the State Water Resources Control Board at the September 3rd 2025 Board meeting. Staff discussed the proposed changes with Board members and addressed comments from Board members and attendees. The Board has adopted the proposed regulations. The rulemaking was submitted to the Office of Administrative Law for formal review on September 16, 2025 with an expected effective date of January 1, 2026.

Adopted Regulations

New UST Regulations: Effective January 1, 2026

As this is a complete rewrite of current UST regulations, an unofficial crosswalk has been provided to assist in reviewing the documents.

Fall 2025 Informational Webinars

State Water Board staff held informational webinars during OAL’s formal review to discuss the changes to the UST Regulations, including updates to definitions, certification and licensing requirements, construction, monitoring, and testing standards, and cleanup and closure procedures.

There were five webinars available through Zoom at the following times, with a maximum capacity of 300 participants per session. Each webinar covered the same material.

A recording of the webinars is available on the State Water Board’s YouTube channel:

Presentation Slides

Public Comment Period

The 45-day written comment period was extended to 55 days and closed Tuesday, January 17, 2025 at 12:00 p.m. The State Water Board reviewed the comments received and made modifications to the regulations or provided responses to the comments based on the feedback received.

Public Hearing

The State Water Board held a public hearing at 12:00 p.m. on Monday January 13, 2025, in the Sierra Hearing Room at the Joe Serna Jr./Cal-EPA Headquarters Building, 1001 I Street, Sacramento, California 95814. The Joe Serna Jr./Cal-EPA Headquarters Building is accessible to people with disabilities. The hearing provided the opportunity for any person, either virtually or physically present, to present statements or arguments orally or in writing relevant to the proposed regulatory action described in the Informative Digest/ Policy Statement Overview. The State Water Board encouraged members of the public to bring to the attention of staff in advance of the hearing any suggestions for modifications of the proposed regulations. The State Water Board did not accept oral statements subsequent to the public hearing.

Contact Information

All major regulatory milestones will be distributed through the State Water Board’s GovDelivery email list serv. To receive these notifications, please make sure you are subscribed to the list.

Requests for copies of the text of the regulations, the statement of reasons, or other information upon which the rulemaking was based, or other inquiries should be addressed to the following:

Tom Henderson, Manager
State Water Resources Control Board
Division of Water Quality
1001 "I" Street
Sacramento, CA 95814
(916) 319-9128
Tom.Henderson@waterboards.ca.gov

The backup contact person is:

Austin Lemire-Baeten
State Water Resources Control Board
Division of Water Quality
1001 "I" Street
Sacramento, CA 95814
(916) 327-5612
Austin.Lemire-Baeten@waterboards.ca.gov