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. The SWRCB adopted the proposed amendments as emergency regulations at its November 18, 1997 meeting (non-substantial changes have been made since that 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 Sections 2662 and 2664 of Chapter 16, Title 23 of the California Code of Regulations. Specifically, Sections 2662 and 2664 shall read as follows:

2662. Requirements for Upgrading Underground Storage Tanks

(c)(2). Bladder system, interior lining, and cathodic protection -
(A) Bladder systems shall be installed in accordance with the requirements of section 2664.

(B). 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.

Authority: Health and Safety 25299.3, 25299.7

Reference: Health and Safety 25291 and 25296 and 40 CFR 280.1

2664. Requirements for Using Bladder Systems

(b) Materials used in the bladder system and in the installation process shall be approved by an independent testing organization based on voluntary consensus standards, an industry code, or engineering standard for the applicable use of the bladder system. Evidence of this approval shall be provided to the local agency before the local agency authorizes the installation. The following conditions shall be met:

1. The bladder system shall be installed under the direct supervision of a representative of the bladder system fabricator or a contractor certified by the fabricator.
   
2. The entire interstitial space between the tank and the bladder shall be monitored in accordance with subsection 2632(c)(2).
   
3. Materials used in the bladder system shall be product-tight and compatible with the substance stored.
   
4. The bladder system shall include an internal striker plate (wear plate) which meets the requirements of section 2631(c).
   
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, a special inspector shall certify that the underground storage tank has sufficient structural integrity to seal the interstitial space between the bladder and the underground storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the set of procedures and criteria specified in 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 that need additional reinforcing shall be reinforced in accordance with section 2661(d).
   
8. If required by manufacturers\' 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.
   

(c). 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.

Authority: Health and Safety Code 25299.3, 25299.7

Reference: Health and Safety Code 25292, 25292.1, 40 CFR 280.21, 280.32(d), 281.33

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