Underground Storage Tank (UST) Program
Leak Prevention Frequently Asked Questions
1. When performing post-installation enhanced leak detection (ELD), using the Enhanced Tracer Tight® test method, what portions of the underground storage tank (UST) system need to be inoculated?
The intent of the post-installation ELD requirement is to replace the traditional 0.1 gallon/hour (gal/hr) tank and line tightness test with the more sensitive (0.005 gal/hr) post-installation ELD test. As stated in Health and Safety Code, Chapter 6.7, section 25290.2(i), "Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight." Therefore, for UST systems installed on or after July 1, 2003, the post-installation test method must be able to evaluate the primary tank and piping to 0.005 gal/hr. However, we recommend owners/operators have a separate inoculation of the secondary piping to evaluate its tightness to the same standard, which would thereby demonstrate the secondary containment also meets the required “product tight” standard. This will be essential for systems installed on or after July 1, 2004, which have a vacuum, pressure, or hydrostatic (VPH) continuous monitoring system. Having the secondary containment be vapor-tight will enhance the efficiency of the VPH continuous monitoring system.
2. If an underground storage tank (UST) component (e.g., piping, tank, or under-dispenser containment) is continuously monitored using a vacuum, pressure, or hydrostatic (VPH) method, is the component exempt from secondary containment testing?
Yes. Section 2637(g) of Title 23, California Code of Regulations, states that “Secondary containment systems where the continuous monitoring automatically monitors both primary and secondary containment, such as systems that are hydrostatically monitored or under constant vacuum, are exempt from periodic secondary containment testing.” Therefore, if an UST component is continuously monitored using a VPH method, it is exempt from secondary containment testing. However, the monitoring equipment used to monitor the component continuously is subject to the annual monitoring system certification.
3. Who can serve as a “Designated UST Operator”?
Persons wishing to act as a Designated UST Operator are required to possess a current California UST System Operator certificate. In addition, it is the responsibility of any person wishing to act as a Designated UST Operator to ensure that they comply with other applicable state, federal or local requirements. The Designated UST Operator could be the facility owner, operator, employee, service technician, or a third party.
4. What tasks is a Designated UST Operator required to perform?
The Designated UST Operator has two primary responsibilities: 1) conduct monthly visual inspections of the UST facility, and 2) provide basic on-the-job training for “facility employees” every twelve months, starting July 1, 2005. These tasks must be performed by the Designated UST Operator, and cannot be delegated.
5. How many UST facilities can an individual be the Designated UST Operator for?
The number of tasks that the Designated Operator is required to perform effectively limit the number of UST facilities for which a Designated UST Operator can be responsible. Some UST owners/operators may wish to identify several Designated UST Operators for each of their facilities.
6. Are sumps and under-dispenser containment (UDC) (i.e., non-integral secondary containment) required to be approved by an independent testing organization or a California registered professional engineer (P.E.)?
Yes. California Code of Regulations, Title 23, section 2631(d) requires that non-integral secondary containment components (e.g., sumps, UDC, etc.) be designed and constructed according to an engineering specification approved by a California registered P.E., or according to a nationally recognized industry code, or an engineering standard. The engineering specification must include the construction procedures. Materials used to construct secondary containment system must have sufficient thickness, density, and corrosion resistance to prevent structural weakening or damage to the secondary containment system as result of contact with any released hazardous substance.
If the secondary containment component is found to be acceptable, the P.E. should sign and stamp a letter clearly stating that the specific make and model of the component reviewed is of sound engineering design and construction. The letter should provide a basic description of what the P.E. reviewed (e.g., drawings of the component, component installation instructions, testing procedures, results of material compatibility testing, etc.), and should also describe any component limitations, if applicable. Copies of the P.E.'s letter can then be used to show local agency inspectors reviewing installation plans that the component has been reviewed and approved as required by section 2631(d).
7. If an overfill alarm is triggered when a delivery person is filling my tank, is this, in itself, a violation?
No, it is not necessarily a violation. There are various overfill prevention options outlined in the California Code of Regulations, Title 23, section 2635(b)(2) that require activation of an alarm. The purpose of this overfill alarm is to notify the UST owner/operator or delivery person when the fuel being delivered to the tank has reached a set capacity/level (e.g., 90% of capacity, etc.); therefore, the triggering of the alarm is not necessarily a violation. However, there may be a violation if the overfill alarm fails to activate or if the UST system is operated without a functional overfill prevention system.
8. Who is a “facility employee” and therefore needs to be trained? Who provides the “facility employee” training? What tasks is a “facility employee” required to perform? How is the “facility employee” training requirement implemented at an underground storage tank (UST) facility that is not routinely staffed (“unmanned”)?
What is a facility employee?
A facility employee is an individual on site during operating hours who has the responsibility to respond to spills, overfills, or other problems associated with the operation of an underground storage tank (UST) system. The individual must be trained by a designate operator (DO) before assuming the duties of a facility employee. At least one facility employee must be present during operating hours. For UST facilities that are not routinely staffed, the DO, with the approval of the local agency, must implement a facility employee training program that takes into consideration the frequency the site is staffed. [References cited: §§ 2611, def. of “Facility employee,” 2715(c)(1), & (c)(2).]
When is facility employee training required?
Facility employee training is required before the employee assumes the duties of a facility employee. In addition, facility employees must be retrained at least once every 12 months. [Reference cited: § 2715(c).]
How must facility employee training be performed?
All facility employee training, including retraining, must be site-specific and train the individual in:
- the operation of the UST system in a manner consistent with the UST facility’s best management practices;
- the individual’s role regarding the release detection system as specified in the facility’s UST monitoring plan;
- the individual’s role regarding spills and overfills as specified in the facility’s UST response plan; and
- contacting the appropriate individuals for emergencies and release detection system alarms.
The initial training of a facility employee at a specific site must include a practical demonstration. The practical demonstration must provide both sharing information and evaluating knowledge for responding to site-specific emergencies, release detection system alarms, spills, and overfills associated with operating the UST system. Some examples include, but are not limited to, demonstrating where the absorbent is stored and how to apply it, where a telephone and emergency contact numbers are located, and how to respond to release detection system alarms. [Reference cited: § 2715(c)(1).]
How is facility employee training documented?
Facility employees training must be documented by using the Facility Employee Training Certificate. The Facility Employee Training Certificate identifies:
- the UST facility information for the site-specific training;
- the name, contact information, ICC certification number, and ICC certification expiration date of the DO performing the training; and
- the names, initial training dates, and dates of assuming the responsibilities of a facility employee of individuals trained.
The DO providing training must sign and date the Facility Employee Training Certificatecertifying that the individuals identified on the certificate have been trained in accordance with section 2715(c). For facility employees trained or retrained before October 1, 2018, the UST owner or operator must maintain a list of these facility employees until each individual on the list either: 1) is retrained and identified on a Facility Employee Training Certificate; or 2) no longer assumes the duties of a facility employee. [References cited: §§ 2715(c)(3) & (c)(4); Appendix XII.]
Is the Facility Employee Training Certificate required to be submitted to the Local Agency?
No. UST owners and operators are required to maintain Facility Employee Training Certificates on site or, if approved by the local agency, off site at a readily accessible location. [Reference cited: § 2715(c)(4).]
How long must the Facility Employee Training Certificate be maintained?
Each Facility Employee Training Certificate must be maintained until either: 1) each individual identified on the Facility Employee Training Certificate is retrained and identified on a new Facility Employee Training Certificate or no longer carries out the duties of a facility employee; or 2) more than 12 months has passed since the date provided in section IV of the Facility Employee Training Certificate. [References cited: §§ 2715(c)(3) & (c)(4); Appendix XII.]
Is it required that the DO performing DO inspections for a UST facility also provide the facility employee training?
No. Facility employee training may be provided by any DO listed on the Designated Underground Storage Tank Operator Identification Form uploaded to CERS or a local reporting portal. [Reference cited: § 2715(c).]
All “References cited” originate from California Code of Regulations, title 23, division 3, chapter 16.
9. Why is UST inspector certification required?
California Health and Safety Code, section 25284.1 requires UST owners, operators, installers, service technicians, and inspectors to satisfy minimum industry-established training criteria. To demonstrate compliance with the minimum industry-established training criteria, California Code of Regulations, Title 23, Section 2715(j) specifies that UST inspectors shall possess a current International Code Council (ICC) California UST Inspector certificate. To obtain this certificate, inspectors must pass the ICC California UST Inspector exam. All UST compliance inspections must be conducted by a certified inspector, and we recommend that inspectors include their ICC certification number on all UST inspection reports.
10. How does the UST inspector certification requirement apply to new inspectors?
New UST inspectors, including current Unified Program Agency (UPA) employees who are new to the UST program, have 180 days from the date of hire (or transfer to the UST program) to obtain their certificate. This should allow each UPA enough time to provide adequate training for newly hired UST inspectors. During the first 180 days of employment, we recommend that new inspectors accompany experienced staff on field inspections as part of their training. Inspection reports may be prepared by the new inspector, but should be reviewed and signed by an inspector with a current International Code Council (ICC) California UST Inspector certificate.
11. How can the required UST inspector certification be renewed?
An International Code Council (ICC) California UST Inspector certificate is valid for 24 months from the date it is issued. Inspectors have two options for renewing their certificate: examination or continuing education:
- To renew by examination, inspectors must take and pass the ICC California UST Inspector exam as they did to receive their initial certification.
- To renew through continuing education, inspectors must follow the guidelines as outlined in Implementation of Continuing Education Contact Hours for Renewal of California UST Inspector ICC Certification.
12. Are monthly Designated UST Operator inspections required when a UST facility is in temporary closure?
No. When a UST facility is in temporary closure as described in California Code of Regulations, Title 23, section 2671, monthly inspections by a Designated UST Operator are not required. Instead, UST facilities in temporary closure must be inspected at least every three months by the owner /operator as described in section 2671(c). Recordkeeping requirements still apply while the UST facility is in temporary closure, so the UST owner/operator must maintain Designated UST Operator monthly inspections reports from the 12 months prior to the facility going into temporary closure. Monthly Designated UST Operator inspections must resume once the facility is put back into service.
13. Are spill containers required to be approved by an independent testing organization or have affirmative statements of compatibility?
No. The requirements for independent testing organization approval come from section 2631(j) and (k) of the California Code of Regulations and apply to "primary containment including any integral secondary containment system." Spill containers are not considered primary or secondary containment; therefore, they do not require approval by an independent testing organization. Section 2631.1 of the California Code of Regulations requires spill containers to be made of, or lined with, materials that are compatible with the substance being stored. However, since spill containers are not subject to the independent testing organization approval requirements of section 2631(b) or (d), they do not need affirmative statements of compatibility.
14. When can an underground storage tank be relined and how many times?
A tank may be relined if the tank has not had an unauthorized release and as long as the special inspector or coatings expert has certified that the tank is suitable for continued use for a minimum of five years if relined or other improvements are made. There is no limit to the number of times a tank can be relined.
| Initial Reason for Tank Lining | Tank Condition at Time of Lining of Inspection: The lining material has deteriorated. | |
|---|---|---|
| An unauthorized release has occurred from the lined tank. | There has been no unauthorized release from the lined tank. | |
| Repair¹: The tank had an unauthorized release and was lined as a repair. | Tank cannot be repaired by relining.² | Tank can be relined if the inspector or coatings expert deems the tank suitable for relining.5 |
| Preventative Measure: The tank was initially lined as an upgrade. | Tank cannot be repaired by relining 3 , 4 | Tank can be relined if the inspector or coatings expert deems the tank suitable for relining.5 |
¹ A "repair" means to restore a tank or underground storage tank system component that has caused a release of a hazardous substance from an underground storage tank. [Section 2611 of the California Code of Regulations]
² A tank that has been repaired using the interior lining method may not be repaired a second time with the interior lining method. [Section 2663(a) of the California Code of Regulations]
³ If an unauthorized release occurs from a tank which was lined as a preventative measure, the permit holder shall not reline the tank again. [Section 25296(d) of chapter 6.7 of the Health and Safety Code]
4 Section 2661(c) of the California Code of Regulations states that, “a tank may be repaired once using the interior lining method specified in section 2663. A previously lined tank may not be repaired using the interior lining method.” The original tank referenced in this section refers to an unlined tank. This means that an unlined tank may be repaired once using the “interior lining method.” However, if a previously lined tank has an unauthorized release, the tank cannot be relined, regardless of whether it was originally lined as a repair or as a preventative measure.
5 Section 2663(h) of the California Code of Regulations requires that a coatings expert or special inspector perform an inspection of the tank and lining within ten years of the lining and every five years thereafter. As part of that inspection, the coatings expert or special inspector must provide written certification indicating that (A) the tank is suitable for continued use for a minimum of five years, (B) the tank is suitable for continued use for a minimum of five years only if it is relined or other improvements are made, or (C) the tank is no longer suitable for continued use and shall be closed in accordance with Article 7.
15. Are Unified Program Agencies (UPAs) required to document that an underground storage tank (UST) owner/operator has demonstrated to the satisfaction of the UPA that a UST system has been properly closed by removal or closure-in-place?
Yes, UPAs must document that a UST owner/operator has demonstrated to the satisfaction of the UPA that a UST system has been properly closed by removal or closure-in-place in accordance with Health and Safety Code section 25298, subdivision (c) and UST Regulations, section 2672, which includes soil sampling and reporting any unauthorized release.
A UST owner/operator closing a UST must provide all UST closure documentation, including an analysis of closure soil samples, to the UPA, to demonstrate to the UPA that the UST has been properly closed in accordance with Health and Safety Code section 25298, subdivision (c) and UST Regulations, section 2672. The UPA is required to work with the UST owner/operator to ensure that all requirements for proper closure are completed timely and to the satisfaction of the UPA. The UST closure is not complete, and the UST owner/operator is not relieved of closure responsibilities, until the UPA grants approval of the closure (after closure is complete). Such approval must be in writing for the UST owner/operator to be able to demonstrate proper closure upon request.
It is necessary that an UPA provide written documentation that it has reviewed the UST closure documentation, and approved the UST closure as properly completed in accordance with Health and Safety Code section 25298, subdivision (c) and UST Regulations, section 2672 so that the State Water Resources Control Board (State Water Board) can carry out it’s responsibility for the UST element of the Unified Program. State Water Board responsibilities include participating in the maximizing coordination, consolidation, and consistency of UST statutes and regulations throughout the state, including evaluation of UPAs. (Cal. Code of Regs. Tit.27 section 15100, subds. (b)(2)(D) & (b)(2)(H).) Therefore, the State Water Board must be able to verify through review of documentation that the UPA is fulfilling all responsibilities under the statutes and regulations governing the UST Program, including those responsibilities related to proper closure of USTs.
16. Is the low-level containment sump testing an acceptable method of secondary containment testing?
No. State Water Board staff have received numerous inquiries regarding the updated Petroleum Equipment Institute Recommended Practices (RP) 1200-19, section 6.6, specifically regarding the recently included low-level containment sump testing (LLST). LLST as described in RP 1200-19 requires sump sensors to shut off turbines or dispensers (positive shut down) once activated and additionally requires a sump hydrostatic test by adding approximately 6 inches of water above the sensor activation point. This test would be in lieu of the hydrostatic sump tightness test as described in RP 1200-19, section 6.5.
Underground storage tank (UST) regulations, section 2637(c) detail the requirements for secondary containment testing in California, to include, using a test procedure that demonstrates the system performs at least as well as it did upon installation. Hydrostatically testing sumps above the highest penetration has always been the manufacturer’s standard for installation testing of sumps and under-dispenser containment (UDC). LLST testing, as described the PEI Recommended Practices (RP) 1200-19, is not an equivalent test procedure.
Local guidance LG 160, written in 2001, allowed sump testing of “something less than the entire containment”. LG 160 was superseded by guidance in 2018, removing this allowance and requiring testing equivalent to that performed at installation. Additionally, in 2013 the State Water Board determined testing boots in UDCs could remain in place, allowing easier secondary containment testing of both the pipe and sumps.
Furthermore, data collected by the State Water Board on secondary containment failures identified sumps and UDCs as having the highest failure rates, thereby causing releases to the environment. Not surprisingly, the most common component failures of sumps and UDCs are sump penetrations. Currently, secondary containment testing is being performed on sumps and UDCs that are generally 20 to 35 years old, and proper secondary containment testing is the only means of determining the quality of these aged components.
The State Water Board is aware of service technicians performing the LLST on turbine sumps and bringing the water level only up to the crest of the UST, and thereby testing only one half of the sump/tank top interface. This does not meet California’s secondary containment testing requirements and additionally fails to meet earliest opportunity, since a primary release on the untested side of the sump, if leaking, would never reach the sensor on the opposite side of the sump. UPAs must reject these LLST tests and require secondary containment testing meeting regulatory requirements.
If you have a suggestion for Frequently Asked Questions, please contact Annalisa Kihara by email at: Annalisa.Kihara@waterboards.ca.gov.
