State Water Resources Control Board - Proposed Chapter 16 Rewrite Regulations
Information on the Proposed Rewrite of Chapter 16, Division 3, Title 23 of the California Code of Regulations
Background
The State Water Resources Control Board (State Water Board) proposes amending the California Code of Regulations, title 23, division 3, chapter 16, to clarify language, reorganize topics, and update underground storage tank (UST) construction, monitoring, and testing requirements to be consistent with modern technologies and practices. Pursuant to Health and Safety Code, chapter 6.7, section 25292.05, all single-walled USTs must be permanently closed by December 31, 2025. All references to single-walled UST construction, monitoring, and testing have been removed from the proposed regulations.
The proposed regulations utilize performance goals over prescriptive methods where possible to provide flexibility to the UST community, and to promote the development of new construction, monitoring, and testing technologies. Testing forms have been updated to reflect the proposed changes.
The proposed regulations were presented to the State Water Resources Control Board at the September 3rd 2025 Board meeting. Staff discussed the proposed changes with Board members and addressed comments from Board members and attendees. The Board has adopted the proposed regulations. The rulemaking was submitted to the Office of Administrative Law for formal review On September 16, 2025 with an expected effective date of January 1, 2026.
Core Regulatory Documents
- Public Notice: 15-Day Comment Period
- Public Notice: 45-Day Comment Period Extension
- Public Notice: 45-Day Comment Period
- Proposed Regulations
- Initial Statement of Reasons (ISOR)
- Final Statement of Reasons (FSOR)
- Revised Economic and Fiscal Impact Statement (Std. Form 399)
- Revised Supplemental Economic and Fiscal Impact Statement
- Preliminary Economic and Fiscal Impact Statement (Std. Form 399)
- Preliminary Supplemental Economic and Fiscal Impact Statement
Adopted Regulations
- Appendix 1 - Statement of Understanding and Compliance Form
- Appendix 3 - Facility Employee Training Certificate
- Appendix 3.1 - Facility Employee Training Certificate Continuation Page
- Appendix 4 - Designated UST Operator Visual Inspection Report Form
- Appendix 4.1 - Designated UST Operator Visual Inspection Report Containment Sump Inspection Continuation Page
- Appendix 4.2 - Designated UST Operator Visual Inspection Report Spill Containment Inspection Continuation Page
- Appendix 4.3 - Designated UST Operator Visual Inspection Report Under-Dispenser Containment Inspection Continuation Page
- Appendix 5 - Release Detection Equipment Testing Report Form
- Appendix 5.1 - Release Detection Equipment Testing Report Form Sensor Test Results Continuation Page
- Appendix 5.2 - Release Detection Equipment Testing Report Form Line Leak Detector Test Results Continuation Page
- Appendix 6 - Spill Containment Testing Report Form
- Appendix 6.1 - Spill Containment Testing Report Form Continuation Page
- Appendix 7 - Overfill Prevention Equipment Testing Report Form
- Appendix 7.1 - Overfill Prevention Equipment Testing Report Form Continuation Page
- Appendix 8 - Secondary Containment Testing Report Form
- Appendix 8.1 - Secondary Containment Testing Report Form Tank Test Continuation Page
- Appendix 8.2 - Secondary Containment Testing Report Form Pipe Test Continuation Page
- Appendix 8.3 - Secondary Containment Testing Report Form Containment Sump and UDC Test Continuation Page
As this is a complete rewrite of current UST regulations, an unofficial crosswalk has been provided to assist in reviewing the documents.
Public Comment Period
The written comment period closed on Monday May 19, 2025 at 12:00 p.m. The State Water Board considered comments received and modified select amendments based on the comments received.
All comments were processed through Ms. Courtney Tyler, Clerk to the Board, by email at commentletters@waterboards.ca.gov, fax at (916) 341-5620, or mail or hand delivery to:
Core Regulatory Documents
Courtney Tyler, Clerk to the Board
State Water Resources Control Board
P.O. Box 100, Sacramento, CA 95812-0100 (by mail)
1001 I St, 24th Floor, Sacramento, CA 95814 (by hand delivery)
Public Hearing
The State Water Board held a public hearing on the proposed regulation rulemaking at the following time and location:
Monday January 13, 2025, 1:00 to 4:00 p.m.
Cal-EPA Headquarters Building,
Sierra Hearing Room
1001 I Street - 2nd Floor
Sacramento, California 95814
The Cal-EPA Headquarters Building is accessible to people with disabilities.
The hearing could also be accessed remotely through Zoom at:
https://waterboards.zoom.us/j/98471200195
Meeting ID: 984 7120 0195
At the hearing, any person could present statements or arguments orally or in writing relevant to the proposed regulatory action. The State Water Board requested but did not require that people making oral comments at the hearing also submit a written copy of their testimony at the hearing. The State Water Board did not accept oral statements subsequent to the public hearing.
Live video and audio broadcast of the public hearing, for attendees that were solely interested in watching and not participating, was available via the internet with closed captioning at https://video.calepa.ca.gov/#/.Contact Information
All major regulatory milestones will be distributed through the State Water Board’s GovDelivery email list serv. To receive these notifications, please make sure you are subscribed to the list.
Requests for copies of the text of the regulations, the statement of reasons, or other information upon which the rulemaking was based, or other inquiries should be addressed to the following:
Tom Henderson, Manager
State Water Resources Control Board
Division of Water Quality
1001 "I" Street
Sacramento, CA 95814
(916) 319-9128
Tom.Henderson@waterboards.ca.gov
The backup contact person is:
Austin Lemire-Baeten
State Water Resources Control Board
Division of Water Quality
1001 "I" Street
Sacramento, CA 95814
(916) 327-5612
Austin.Lemire-Baeten@waterboards.ca.gov
