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 25292(d) H&SC requires that by December 22, 1998, all USTs installed before January 1, 1984 be upgraded or replaced to prevent releases due to corrosion or spills and overfills.

3. Sections 2662(c) California Code of Regulations (CCR) authorizes tank owners to use either interior lining or interior lining and bladders to upgrade their USTs. Section 2664(c) requires lining USTs before installing bladders.

4. Available information supports the conclusion that bladders alone, without interior lining, provide sufficient protection against releases and that the benefit from adding interior lining is not sufficient to warrant the requirement.

5. Requiring pre-lining of a UST discourages tank owners from installing bladders when, in fact, bladder systems are at least as protective of the environment as lined systems.

6. Unless the regulations are adopted on an emergency basis, tank owners will not have adequate time to take advantage of the amendments.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board adopts as emergency regulations the proposed amendments to Sections 2662 and 2664, Chapter 16, Title 23 of the California Code of Regulations. Specifically, Section 2662(c)(2) shall read: "Bladder system, interior lining, and cathodic protection;" Section 2662(c)(2)(B) is repealed: "When upgrading a fiberglass or clad tank with a bladder system, interior lining and cathodic protection are not required if a special inspector and the local agency determine they are not necessary."; Section 2664 (b) shall have the following language added: "(5) If the underground storage tank is constructed of steel, cathodic protection shall be installed in accordance with Section 2635(a)(2)(A) and, before installing a bladder system, the underground storage tank shall meet the requirements in Section 2663(b)(2), except that abrasive blasting is only required to the extent deemed necessary by manufacturers\' specifications, or the special inspector, to assess the structural integrity of the underground storage tank; (6) The bladder installer shall certify in writing to the local agency that sufficient measures have been taken to minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder; (7) Before installing a bladder, thin areas or other flaws in the underground storage tank walls which need additional reinforcing shall be reinforced in accordance with Section 2661(d); and (8) If required by manufactures specifications, or the special inspector, the underground storage tank shall be lined in accordance with Section 2663 prior to installation of the bladder, except only to the thickness deemed necessary by the more stringent requirement of the manufacturers\' specifications, or the special inspector. Section 2664(c) is repealed: "Before installing a bladder system in a steel tank, the tank interior shall be lined in accordance with section 2663 and shall be provided with cathodic protection as required by section 2635(a)(2)(A). The periodic inspection specified in subsection 2663(h) is not required unless the bladder system is removed for repairs or replacement. Unless the local agency determines otherwise, the limiting criteria specified in section 2663(b)(2)(B)(i) through (iv) do not apply if the lining is 250 mil fiberglass-reinforced plastic or equivalent." (Italic shows deleted language/bold & underscore shows new language)

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1997.

/s/

Maureen Marché

Administrative Assistant to the Board