State Water Board – Underground Storage Tank Reporting Regulations

INFORMATION ON THE PROPOSED AMENDMENTS OF CHAPTER 16 OF DIVISION 3 OF TITLE 23 OF THE CALIFORNIA CODE OF REGULATIONS FOR REPORTING

Staying Connected

Receive updates by email Subscribe to the underground storage tank (UST) "Program Requirements and Guidance" mailing list to receive direct notification about the regulation adoption process.

Core Documents

Key Provisions of Regulation

The State Water Resources Control Board (State Water Board) proposes to amend California Code of Regulations, title 23, division 3, chapter 16 (California Underground Storage Tank (UST) Regulations). These proposed amendments include both modifications to the local agency reporting requirements and modifications to the reporting requirements for UST owners and operators

Background

The State Water Board proposes to amend the requirements in California UST Regulations, section 2713 regarding the data that local agencies must provide to the State Water Board pursuant to California UST Regulations, section 2713. The UST performance measures that the State Water Board reports to the United States Environmental Protection Agency (U.S. EPA) under the federal Leaking Underground Storage Tank Trust Fund Corrective Action Cooperation Agreement for California and the State Water Board Cooperative Agreement Work Plan (federal UST performance measures) have been amended. In addition to these federal UST performance measures, the State Water Board must report compliance inspection data to the U.S. EPA pursuant to the Federal Energy Policy Act of 2005.

The State Water Board proposes to amend the UST performance measures that each local agency must report to the State Water Board semiannually (local agency UST performance measures) consistent with the amendments to the federal UST performance measures. The State Water Board also proposes to add a new requirement that local agencies provide compliance inspection data through the California Environmental Reporting System (CERS), the statewide web-based system used to collect and report hazardous material related data. Finally, the State Water Board is proposing to simplify the existing local agency reporting requirement regarding red tags. These amendments to the local agency UST performance measures are necessary so that the State Water Board can provide complete and accurate reporting of all federal UST performance measures to the U.S. EPA.
 
The State Water Board also proposes to amend the requirements in California UST Regulations, section 2716 to clarify UST owners and operators designated UST operator visual inspection responsibilities. These proposed amendments clarify the corrective actions that must be reported on the “Underground Storage Tank Designated Underground Storage Tank Operator Visual Inspection Report” and the UST owner or operator signature requirement for this form. The State Water Board is proposing a corresponding modification to the signatory statement on the “Underground Storage Tank Designated Underground Storage Tank Operator Visual Inspection Report” (Appendix XIII).

Public Comment Period

Any interested person may submit written comments relevant to the proposed regulatory action to the State Water Board. The written comment period closes on Monday, December 17, 2019 at 12:00 p.m. The State Water Board will only consider comments received by that time.

Please send comment letters to Ms. Jeanine Townsend, Clerk to the Board, by email  at commentletters@waterboards.ca.gov, fax at (916) 341-5620, or mail or hand delivery to:

Jeanine Townsend, Clerk to the Board
State Water Resources Control Board
P.O. Box 100, Sacramento, CA 95812-2000 (by mail)
1001 "I" St, 24th Floor, Sacramento, CA 95814 (by hand delivery)

Please also indicate in the subject line, “Comment Letter - Proposed UST Reporting Regulations.”

Hand and special deliveries should also be addressed to Ms. Townsend at the address above. Couriers delivering comments must check in with lobby security and have them contact Ms. Townsend at (916) 341-5600.  Due to the limitations of the email system, emails larger than 15 megabytes are rejected and cannot be delivered or received by the State Water Board.  The State Water Board requests that comments larger than 15 megabytes be submitted under separate emails.

Contact Information

Requests for copies of the text of the proposed regulations, the statement of reasons, or other information upon which the rulemaking is based, or other inquiries should be addressed to the following:

Laura S. Fisher, Chief 
State Water Resources Control Board 
Division of Water Quality 
1001 "I" Street 
Sacramento, CA 95814 
(916) 341-5870 
Laura.Fisher@waterboards.ca.gov

The backup contact person is:

Tom Henderson 
State Water Resources Control Board 
Division of Water Quality 
1001 "I" Street 
Sacramento, CA 95814
(916) 319-9128  
Tom.Henderson@waterboards.ca.gov