Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) - Regulations

Proposed Regulatory Action

The State Water Board proposes to amend California Code of Regulations, title 23, division 3, chapter 24 (commencing with section 3420) (RUST Regulations) to update the RUST Regulations to implement amendments to the Health and Safety Code and to make them more specific and consistent with current operational practices.

Background and Key Revisions

The State Water State Water Board proposes to amend the RUST Regulations to update the RUST Regulations and make them more specific and consistent with current operational practices.  The State Water Board further proposes to amend the RUST Regulations to implement amendments to the Health and Safety Code enacted by Chapter 296, Statutes of 2020 and those changes to the Health and Safety Code enacted by Chapter 69, Statutes of 2009, Chapter 649, Statutes of 2009, Chapter 640, Statutes of 2013, and Chapter 547, Statutes of 2014 that still are in effect.

Where appropriate the State Water Board proposes to amend the RUST grant and RUST loan requirements to make the requirements for grants and loans similar, which makes it easier for those applicants who are applying for both a RUST grant and a RUST loan for their project. Consistency between the requirements for RUST grants and RUST loans also serves to streamline the State Water Board’s eligibility review.

The State Water Board also proposes certain amendments to the RUST Regulations that do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulations provision (e.g., changes without regulatory effect).  These amendments without regulatory effect include changes made for purposes of revising structure, syntax, cross-references, grammar, punctuation, or renumbering or relocating regulatory provisions.  For consistency purposes, the citation format for statutory and regulatory references is made consistent throughout the RUST Regulations.  To the extent that many of these amendments without regulatory effect are non-substantive and their purpose is self-evident or merely editorial, they are not discussed herein.

Public Comment Period

The 45-day written comment period closes on Tuesday, August 2, 2022 at 12:00 p.m. The State Water Board will consider comments received and may propose a modified set of amendments based on the comments received.

All comments should be processed through 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)

Contacts

Requests of copies of the text of the proposed regulation, the Statement of Reasons, or other information upon which the rulemaking is based, or other inquiries should be addressed to the following:

Main Contact:

Robert Smith, Staff Services Manager I
State Water Resources Control Board
Division of Financial Assistance
1001 “I” Street
Sacramento, CA 95814
(916) 323-2095
Robert.Smith@waterboards.ca.gov

Backup Contact:

McLean Reich, Staff Services Manager II
State Water Resources Control Board
Division of Financial Assistance
1001 “I” Street
Sacramento, CA 95814
(916) 341-5765
McLean.Reich@waterboards.ca.gov