Division of Water Quality – Underground Storage Tank Program

NOTICE OF ADOPTION OF REGULATORY ACTION

The State Water Board amended section 2631 Article 3 (commencing with section 2630), chapter 16, division 3, title 23 of the California Code of Regulations, to provide an option for compliance with existing independent testing and approval requirements.

Existing State Water Board regulations require that a UST be approved by an independent testing organization and that an owner or operator of a UST use system components made of, lined with, materials that are compatible with the hazardous substances stored in the UST. Testing and approvals of USTs has not kept up with the introduction of and desire to use alternative fuels in California. The adopted regulation provides an option for compliance with existing independent testing and approval requirements so that UST owners and operators can store alternative fuels in USTs in a manner that does not create any significant risk of adverse impacts to water. Similar to the temporary variance, the regulation limits the option to double walled USTs.