Underground Storage Tank (UST) Program
Low-Threat Closure Policy Adoption Documentation
On May 1, 2012, the State Water Resources Control Board (State Water Board) adopted the Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure (Policy) with Resolution No. 2012-0016. The Policy was approved by the Office of Administrative Law (OAL) on July 30, 2012. On August 17, 2012, the Notice of Decision was filed with the California Secretary for Natural Resources, and the Policy became effective.
- OAL Notice of Approval
- Notice of Decision
- Department of Fish and Game Fee Receipt
- Resolution No. 2012-0016
- Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure
- Substitute Environmental Document
Implementation of the Policy
Following the effective date of the Policy, the Regional Water Quality Control Boards (Regional Water Boards) and local agencies were directed to review all cases in the petroleum UST Cleanup Program using the framework provided in the Policy within a year of August 17, 2012.
Each case review included, at a minimum:
- Determination of whether an UST case met the Policy criteria or was otherwise appropriate for closure based on a site-specific analysis using a Checklist developed by State Water Board staff.
- Identification of impediments to closure if a case did not satisfy the Policy criteria or did not present a low-risk based upon a site-specific analysis.
Each case review was made publicly available on the State Water Board's GeoTracker database.
Adoption Hearing
The State Water Board held an Adoption Hearing on Tuesday, May 1, 2012, during which Resolution No. 2012-0016 was adopted. This resolution approved a Substitute Environmental Document and adopted the Policy.
- Agenda
- Proposed Resolution to Approve a Substitute Environmental Document and Adopt a Proposed Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure.
- Substitute Environmental Document.
- Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure.
- Staff Response to Comments
- Technical Justification for Soil Screening Levels for Direct Contact and Outdoor Air Exposure Pathways - Final 3/15/12, Revised 3/13/18
- Technical Justification for Groundwater Media-Specific Criteria - Final 4/24/12
- Technical Justification for Vapor Intrusion Media-Specific Criteria - Final 3/21/12
- Staff Report
Public Engagement
The public comment period for the Draft Policy and Draft Substitute Environmental Document ended at noon on March 19, 2012. Comments received on the Draft documents can be viewed on the State Water Board’s Public Comments regarding Low-Threat Underground Storage Tank Case Closure Policy page.
On April 17, 2012, the State Water Board conducted a Public Hearing for the receipt of oral comments on the Draft Policy and Draft Substitute Environmental Document. No Board action was taken.
- Revised Notice | Notice
- Draft Low-Threat Underground Storage Tank Case Closure Policy - 1/31/12
- Draft Substitute Environmental Document
CEQA Scoping
The adoption of policies for water quality control has been certified as an exempt regulatory program under the California Environmental Quality Act (CEQA).
The State Water Board held public scoping meetings to gather input from public agencies and interested persons on the scope and content of the environmental documentation that would be prepared for development of a low-threat closure policy.
The public comment period ended November 8, 2011.
- Low-Threat UST Closure Policy Scoping Document
- Draft Low Threat UST Closure Policy
- Notice of Public Meetings
- Comments Received During Scoping Document Comment Period (9/21/2011 – 11/8/2011)
Peer Review
Health and Safety Code Section 57004 mandates that all CalEPA organizations must seek external scientific review for the scientific foundation and components of any proposed policies, plans, or regulations. Peer reviewers evaluate whether the scientific findings, conclusions, and assumptions are grounded in solid scientific knowledge, methods, and practices.
For more information about Peer Reviews, please visit the State Water Board's Peer Review web page.
Peer Reviews
- Professor Pedro J.J. Alvarez, Ph.D., Chair
- Professor Elizabeth Edwards, Ph.D.
- Professor Robert C. Spear, Ph.D.
- Professor Mark A. Widdowson, Ph.D., P.E. & Professor John C. Little, Ph.D., P.E.
Staff Response to Peer Reviews
Policy Stakeholder Group
The Draft Policy was created by a team of nine individuals representing various California UST stakeholder groups. This team included members from two Regional Water Quality Control Board (Regional Water Board) agencies, a Local Oversight Program (LOP) agency, a water district, representatives from responsible parties (RPs) affiliated with the Western States Petroleum Association (WSPA) and California Independent Oil Marketers Association (CIOMA), two participants from Non-Governmental Organizations (NGOs), and one UST consultant.
Documents Developed by the UST Stakeholder Group
