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STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 98 - 033

FINAL CERTIFICATION OF EMERGENCY RULEMAKING TO AMEND THE DEFINITION OF MOTOR VEHICLE FUEL TANKS

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.

2. Section 2611 CCR defines a motor vehicle fuel (MVF) tank as, ". . . an underground storage tank that contains a petroleum product which is intended to be used primarily to fuel motor vehicles or engines."

3. Those petroleum USTs used for purposes other than fueling engines currently fall under the category of "other hazardous substance" tanks and have more stringent requirements for meeting improved construction standards by December 22, 1998 (Section 2662 CCR).

4. Amending the definition of MVF tank will allow all USTs containing petroleum products to be regulated uniformly.

5. Used oil tanks should continue to be regulated under the more stringent requirements of other hazardous substance tanks.

6. Specifiying that used oil tanks are not motor vehicle fuel tanks will eliminate confusion within the regulated community.

7. The SWRCB adopted the proposed amendments as emergency regulations at its November 18, 1997 meeting, and these emergency regulations became effective on December 26, 1997. Unless final certification of the emergency regulations is adopted, the amendments will expire on April 26, 1998.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board adopts final certification of the emergency amendments to Section 2611, Chapter 16, Title 23 of the California Code of Regulations. The text of Section 2611 is amended as follows: "Motor vehicle fuel tank" means an underground storage tank that contains a petroleum product which is intended to be used primarily to fuel motor vehicles or engines. The definition does not include underground storage tanks that contain used oil.


CERTIFICATION

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 April 16, 1998.

/s/

Maureen Marché

Administrative Assistant to the Board


 
 

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