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(continued)

(1) The system shall detect any unauthorized release of the motor vehicle fuel using either:
(A) One or more of the continuous monitoring methods provided in Table 3.2. The system shall be connected to an audible and visual alarm system approved by the local agency; or,
(B) Manual monitoring. If this method is used, it shall be performed daily, except on weekends and recognized state and/or federal holidays, but no less than once in any 72 hour period. Manual monitoring may be required on a more frequent basis as specified by the local agency.
(2) The owner or operator shall prepare a written procedure for routine monitoring which establishes:
(A) The frequency of performing the monitoring;
(B) The methods and equipment to be used for performing the monitoring;
(C) The location(s) where the monitoring will be performed;

(D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment;
(E) The reporting format;
(F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be in accordance with the manufacturer's instructions; and
(G) A description of the training necessary for the operation of both the tank system and the monitoring equipment.
(3) For methods of monitoring where the presence of the hazardous substance is not determined directly, for example, where liquid level measurements are used as the basis for determination (i.e., liquid level measurements), the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance if the indirect method indicates a possible unauthorized release of motor vehicle fuel.
(e) A response plan for an unauthorized release shall be developed before the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of subsection 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:
(1) The volume of the leak interception and detection system in relation to the volume of the primary container;
(2) The amount of time the leak interception and detection system shall provide containment in relation to the period of time between detection of an unauthorized release and cleanup of the leaked substance;
(3) The depth from the bottom of the leak interception and detection system to the highest anticipated level of ground water;
(4) The nature of the unsaturated soils under the leak interception and detection system and their ability to absorb contaminants or to allow movement of contaminants; and
(5) The methods and scheduling for removal all of the hazardous substances which may have been discharged from the primary container and are located in the unsaturated soils between the primary container and ground water, including the leak interception and detection system sump.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291 and 25292, Health and Safety Code; 40 CFR 280.41.





s 2635. Installation and Testing Requirements for All New Underground Storage Tanks.
(a) Primary and secondary containment systems shall be designed, constructed, tested, and certified to comply, as applicable, with all of the following requirements:
(1) All underground storage tanks shall be tested at the factory before being transported. The tests shall determine whether the tanks were constructed in accordance with the applicable sections of the industry code or engineering standard under which they were built.
(2) The outer surface of underground storage tanks constructed of steel shall be protected from corrosion as follows, except that primary containment systems installed in a secondary containment system and not backfilled do not need cathodic protection:
(A) Field-installed cathodic protection systems shall be designed and certified as adequate by a corrosion specialist. The cathodic protection systems shall be tested by a cathodic protection tester within six months of installation and at least every three years thereafter. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed in accordance with voluntary consensus standards. Impressed-current cathodic protection systems shall also be inspected no less than every 60 calendar days to ensure that they are in proper working order.
(B) Underground storage tanks protected with fiberglass-reinforced plastic coatings, composites, or equivalent non-metallic exterior coatings or coverings, including coating/sacrificial anode systems, shall be tested at the installation site using an electric resistance holiday detector. All holidays detected shall be repaired and checked by a factory authorized repair service before installation. During and after installation, care shall be taken to prevent damage to the protective coating or cladding. Preengineered corrosion protection systems with sacrificial anodes shall be checked once every three years in accordance with the manufacturer's instructions.
(3) Before installation, the tank shall be tested for tightness at the installation site in accordance with the manufacturer's written guidelines. If there are no guidelines, the primary and secondary containment shall be tested for tightness with air pressure at not less than 3 pounds per square-inch (20.68 k Pa) and not more than 5 pounds per square-inch (34.48 k Pa). In lieu of the above, an equivalent differential pressure test, expressed in inches of mercury vacuum, in the interstitial space of the secondary containment, is acceptable. The pressure (or vacuum in the interstitial space) shall be maintained for a minimum of 30 minutes to determine if the tank is tight. If a tank fails the tightness test, as evidenced by soap bubbles, or water droplets, installation shall be suspended until the tank is replaced or repaired by a factory authorized repair service. Following repair or replacement, the tank shall pass a tightness test.

(4) All secondary containment systems shall pass a post- installation test which meets the approval of the local agency.
(5) After installation, but before the underground storage tank is placed in service, a tank integrity test shall be conducted to ensure that no damage occurred during installation. The tank integrity test is not required if the tank is equipped with an interstitial monitor certified by a third-party evaluator to meet the performance standards of a "tank integrity test" as defined in section 2611, or if the tank is tested using another method deemed by the State Water Resources Control Board to be equivalent.
(6) All underground storage tanks shall be installed according to a code of practice developed in accordance with voluntary consensus standards and the manufacturer's written installation instructions. The owner or operator shall certify that the underground storage tank was installed in accordance with the above requirements as required by subsection (d) of this section.
(7) All underground storage tanks subject to flotation shall be anchored using methods specified by the manufacturer or, if none exist, shall be anchored according to the best engineering judgment.
(b) All underground storage tanks shall be equipped with a spill container and an overfill prevention system as follows:
(1) The spill container shall collect any hazardous substances spilled during product delivery operations to prevent the hazardous substance from entering the subsurface environment. The spill container shall meet the following requirements:
(A) If it is made of metal, the exterior wall shall be protected from galvanic corrosion.
(B) It shall have a minimum capacity of five gallons (19 liters).
(C) It shall have a drain valve which allows drainage of the collected spill into the primary container or provide a means to keep the spill container empty.
(2) The overfill prevention system shall not allow for manual override and shall meet one of the following requirements:
(A) Alert the transfer operator when the tank is 90 percent full by restricting the flow into the tank or triggering an audible and visual alarm; or
(B) Restrict delivery of flow to the tank at least 30 minutes before the tank overfills, provided the restriction occurs when the tank is filled to no more than 95 percent of capacity; and activate an audible alarm at least five minutes before the tank overfills; or
(C) Provide positive shut-off of flow to the tank when the tank is filled to no more than 95 percent of capacity; or,
(D) Provide positive shut-off of flow to the tank so that none of the fittings located on the top of the tank are exposed to product due to overfilling.
(3) The local agency may waive the requirement for overfill prevention equipment where the tank inlet exists in an observable area, the spill container is adequate to collect any overfill, and the tank system is filled by transfers of no more than 25 gallons at one time.
(c) Secondary containment systems including leak interception and detection systems installed pursuant to section 2633 shall comply with all of the following:

(1) The secondary containment system shall encompass the area within the system of vertical planes surrounding the exterior of the primary containment system. If backfill is placed between the primary and secondary containment systems, an evaluation shall be made of the maximum lateral spread of a point leak from the primary containment system over the vertical distance between the primary and secondary containment systems. The secondary containment system shall extend an additional distance beyond the vertical planes described above equal to the radius of the lateral spread plus one foot.
(2) The secondary containment system shall be capable of preventing the inflow of the highest ground water anticipated into the interstitial space during the life of the tank.
(3) If the interstitial space is backfilled, the backfill material shall not prevent the vertical movement of leakage from any part of the primary containment system.
(4) The secondary containment system with backfill material shall be designed and constructed to promote gravity drainage of an unauthorized release of hazardous substances from any part of the primary containment system to the monitoring location(s).
(5) Two or more primary containment systems shall not use the same secondary containment system if the primary containment systems store materials that in combination may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of any part of the primary or secondary containment system.
(6) Drainage of liquid from within a secondary containment system shall be controlled in a manner approved by the local agency to prevent hazardous materials from being discharged into the environment. The liquid shall be analyzed to determine the presence of any of the hazardous substance(s) stored in the primary containment system prior to initial removal, and monthly thereafter, for any continuous discharge (removal) to determine the appropriate method for final disposal. The liquid shall be sampled and analyzed immediately upon any indication of an unauthorized release from the primary containment system.
(7) For primary containment systems installed completely beneath the ground surface, the original excavation for the secondary containment system shall have a water-tight cover which extends at least one foot beyond each boundary of the original excavation. This cover shall be asphalt, reinforced concrete, or equivalent material which is sloped to drainways leading away from the excavation. Access openings shall be constructed as water-tight as practical. Primary containment systems with integral secondary containment and open vaults are exempt from the requirements of this subsection.
(8) The actual location and orientation of the tanks and appurtenant piping systems shall be indicated on as-built drawings of the facility. Copies of all drawings, photographs, and plans shall be submitted to the local agency for approval.
(d) Owners or their agents shall certify that the installation of the tanks and piping, meets the conditions in subdivision (1) through (4) below. The certification shall be made on a "Certificate of Compliance for Underground Storage Tank Installation Form C" (see Appendix V).
(1) The installer has met the requirements set forth in section 2715, subdivisions (g) and (h);
(2) The underground storage tank, any primary piping, and any secondary containment, was installed according to applicable voluntary consensus standards and any manufacturer's written installation instructions;
(3) All work listed in the manufacturer's installation checklist has been completed; and
(4) The installation has been inspected and approved by the local agency, or, if required by the local agency, inspected and certified by a registered professional engineer who has education and experience with underground storage tank system installations.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25299, Health and Safety Code; 40 CFR 280.20 and 280.40-280.45.






s 2636. Design, Construction, Installation, Testing, and Monitoring Requirements for Piping.
(a) Except as provided below, piping connected to tanks which were installed after July 1, 1987, shall have secondary containment that complies with the requirements of section 2631 for new underground storage tanks. This requirement does not apply to piping described as follows:
(1) vent or tank riser piping, provided the primary containment system is equipped with an overfill prevention system meeting the requirements specified in sections 2635(b)(2)(B) or (C); or,
(2) vapor recovery piping if designed so that it cannot contain liquid-phase product; or,
(3) suction piping if the piping is designed, constructed, and installed as follows:
(A) The below-grade piping operates at less than atmospheric pressure (suction piping);
(B) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released (gravity-flow piping);
(C) No valves or pumps are installed below grade in the suction line. Only one check valve is located directly below and as close as practical to the suction pump;
(D) An inspection method is provided which readily demonstrates compliance with subdivisions (A) through (C) above.
(b) All corrodible underground piping, if in direct contact with backfill material, shall be protected against corrosion. Piping constructed of fiberglass-reinforced plastic, steel with cathodic protection, or steel isolated from direct contact with backfill, fulfills this corrosion protection requirement. Cathodic protection shall meet the requirements of section 2635(a)(2).
(c) Underground primary piping shall meet all of the following requirements:
(1) Primary piping in contact with hazardous substances under normal operating conditions shall be installed inside a secondary containment system which may be a secondary pipe, vault, or a lined trench. All secondary containment systems shall be sloped so that all releases will flow to a collection sump located at the low point of the underground piping.
(2) Primary piping and secondary containment systems shall be installed in accordance with an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator shall certify that the piping was installed in accordance with the above requirements of section 2635(d). The certification shall be made on the "Certificate of Compliance for Underground Storage Tank Installation Form C" (see Appendix V).
(d) Lined trench systems used as part of a secondary containment system shall be designed and constructed according to a code of practice or engineering standard approved by a state registered professional engineer. The following requirements shall also apply:
(1) All trench materials shall be compatible with the substance stored and evaluated by an independent testing organization for their compatibility or adequacy of the trench design, construction, and application.
(2) The trench shall be covered and capable of supporting any expected vehicular traffic.
(e) All new primary piping and secondary containments systems shall be tested for tightness after installation in accordance with manufacturer's guidelines. Primary pressurized piping shall be tested for tightness hydrostatically at 150 percent of design operating pressure or pneumatically at 110 percent of design operating pressure. If the calculated test pressure for pressurized piping is less than 40 psi, 40 psi shall be used as the test pressure. The pressure shall be maintained for a minimum of 30 minutes and all joints shall be soap tested. A failed test, as evidenced by the presence of bubbles, shall require appropriate repairs and retesting. if there are no manufacturer's guidelines, secondary containment systems shall be tested using an applicable method specified in an industry code or engineering standard. Suction piping and gravity flow piping which cannot be isolated from the tank shall be tested after installation in conjunction with an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f), if approved by the local agency.
(f) Underground piping with secondary containment, including under-dispenser piping with secondary containment, shall be equipped and monitored with monitoring systems as follows:
(1) All secondary containment, including under-dispenser containment, and under-dispenser spill control or containment systems shall be equipped with a continuous monitoring system that either activates an audible and visual alarm or stops the flow of product at the dispenser when it detects a leak.
(2) Automatic line leak detectors shall be installed on underground pressurized piping and shall be capable of detecting a 3-gallon per hour leak rate at 10 psi within 1 hour with a probability of detection of at least 95 percent and a probability of false alarm no greater than 5 percent, and shall restrict or shut off the flow of product through the piping when a leak is detected.
(3) Until November 9, 2004, other monitoring methods may be used in lieu of the requirement in subdivision (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. Continuous monitoring systems as described in subdivision (1), which shut down the pump in addition to either activating the audible and visual alarm or stopping the flow of product at the dispenser, satisfy the automatic line leak detector requirement of subdivision (2).
(4) Monitoring shall be conducted on all underground pressurized piping with secondary containment at least annually at a pressure designated by the equipment manufacturer, provided that the method is capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent of the normal operating pressure of the product piping system at the test pressure with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.
(5) Continuous monitoring systems as described in subdivision (f)(1) satisfy the annual tightness testing requirement of subdivision (f)(4) if both of the following conditions are met:
(A) The monitoring system shuts down the pump or stops the flow of product at the dispenser when a leak is detected in the under- dispenser containment.
(B) The monitoring system for all product piping other than that contained in the under-dispenser containment is fail safe, and shuts down the pump when a leak is detected.
(6) For emergency generator tank systems, continuous monitoring systems as described in subdivision (1), which activate an audible and visual alarm in the event of a leak or a malfunction of the monitoring system satisfy the automatic line leak detector requirement of subdivision (2), provided that the monitoring system is checked at least daily by either remote electronic access or on-site visual inspections. A log of daily checks shall be available for local agency review upon request.
(g) Under-dispenser containment shall be designed, constructed, and installed in accordance with the following:

(1) Owners or Operators of a UST system shall have the system fitted with under-dispenser containment, or an approved under-dispenser spill containment or control system according to the following schedule:
(A) At the time of installation for systems installed after January 1, 2000.
(B) By July 1, 2001, for systems installed after July 1, 1987 that are located within 1,000 feet of a public drinking water well, as identified pursuant to the state Geographic Information System mapping database.
(C) By December 31, 2003, for systems not subject to subsection 2636(g)(1)(A) or (B).
(2) Under-dispenser containment shall be designed, constructed, installed, and monitored in accordance with section 2631, 2636(c)(2), 2636(e), and 2636(f).
(3) A manufacturer of an under-dispenser spill containment or control system may apply to the Division of Water Quality Underground Storage Tank Program Manager for approval of the system. Owners or operators shall not install an under-dispenser spill containment or control system that has not been approved.

(A) Applications for approval shall be submitted in writing and include the following:
(i) A description of the proposed system.
(ii) Clear and convincing evidence that the system will protect the soil and beneficial uses of the waters of the state from unauthorized releases.
(B) The Program Manager shall review the application to determine if the proposed system adequately protects the soil and beneficial uses of groundwater before determining whether to approve the proposed system.
(C) The Program Manager may modify or revoke a previously issued approval if it finds that, based on new evidence, the approved system does not adequately protect the soil and beneficial uses of groundwater from unauthorized releases.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25299, Health and Safety Code; and 40 CFR 280.20 and 280.40-280.45.







s 2636.1. Final Division Decisions Regarding Under-Dispenser Spill Containment or Control Systems.
(a) A manufacturer of an under-dispenser spill containment or control system who disagrees with a determination by the Program Manager not to approve the manufacturer's system under section 2636(g)(3)(B) or to modify or revoke a previously issued approval of the manufacturer's system under section 2636(g)(3)(C) may ask for a review by the Division Chief.
(b) An appeal to the Division Chief must be in writing and must be accompanied by all material that the manufacturer wishes to be considered by the Division Chief, and by the Board in any subsequent review by the Board. The appeal must contain an explanation why the manufacturer believes the Program Manager's determination is erroneous, inappropriate, or improper.
(c) The Division Chief shall render a Final Division Decision within 30 days of receipt of the appeal. A Final Division Decision is final and conclusive unless the manufacturer files a petition for review with the Board that is received by the Board within 30 days from the date of the Final Division Decision.
(d) The Division Chief may at any time, on the Division Chief's own motion, issue a Final Division Decision.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.





s 2636.2. Petition for Board Review Regarding Under-Dispenser Spill Containment or Control Systems.
(a) A manufacturer may petition the Board for review of a Final Division Decision.
(b) A petition for Board review shall contain the following:
(1) The name and address of the petitioner;

(2) A statement of the date on which the petitioner received the Division's final decision;
(3) A copy of the Final Division Decision that the Board is requested to review;
(4) An explanation why the petitioner believes the Final Division Decision is erroneous, inappropriate, or improper;
(5) A statement describing how the petitioner is damaged by the Final Division Decision; and
(6) A description of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, with copies sent to the Chief Counsel of the Board, and the Division Chief.
(d) The petitioner may request a hearing for the purpose of presenting factual material not presented to the Division Chief or for oral argument or both. The request to present material that was not presented to the Division Chief must include a description of the factual material that the petitioner wishes to submit, the facts that the petitioner expects to establish, and an explanation of the reasons why the petitioner could not previously submit the new material to the Division Chief. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the Board within 30 days of the Board's notification to the petitioner that the petition is complete. The Division must provide a copy of any response to the petitioner. The Board may extend the time for filing a response by the Division Chief.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.





s 2636.3. Defective Petitions.
Upon the Board's receipt of a petition which does not comply with section 2636.2 of this chapter, the Board, through its Chief Counsel, will advise the petitioner of the manner in which the petition is defective and allow a reasonable time within which an amended petition may be filed. If the Board does not receive a properly amended petition within the time allowed, the petition shall be dismissed.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.





s 2636.4. Action by the Board Regarding Under-Dispenser Spill Containment or Control Systems.
(a) In response to the petition, the Board may:
(1) Refuse to review the petition if it is late or fails to raise substantial issues that are appropriate for Board review;
(2) Affirm the final decision that the Board has been requested to review;

(3) Set aside or modify the final decision that the Board has been requested to review; or
(4) Take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hearing, or provide for an informal meeting between the petitioner, the Division Chief, a member of the Board, and such other persons as the Board deems appropriate for the purpose of attempting to resolve the dispute.
(c) If an evidentiary hearing is held, it shall be conducted in accordance with the California Code of Regulations, title 23, division 3, Chapter 1.5, article 2.
(d) The Board reserves the right, at its discretion, to consider a petition upon its own motion.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.





s 2637. Secondary Containment Testing.
(a) Secondary containment systems installed on or after January 1, 2001 shall be tested upon installation, 6 months after installation, and every 36 months thereafter. Secondary containment systems installed prior to January 1, 2001 shall be tested by January 1, 2003 and every 36 months thereafter.
(b) By December 31, 2002, the owner or operator of any secondary containment system that the owner or operator determines cannot be tested in accordance with this section shall replace the secondary containment system with a system that can be tested in accordance with this section. As an alternative, the owner or operator may submit a proposal and workplan for enhanced leak detection to the local agency in accordance with subdivisions 2644.1(a)(1), (2), (4), and (5) by July 1, 2002; complete the program of enhanced leak detection by December 31, 2002; and replace the secondary containment system with a system that can be tested in accordance with this section by July 1, 2005. The local agency shall review the proposed program of enhanced leak detection within 45 days of submittal or re-submittal.
(c) Periodic testing of secondary containment systems shall be conducted using a test procedure that demonstrates that the system performs at least as well as it did upon installation. For example, if the secondary containment system was tested upon installation by using a test method that applied a pressure of 5 psi, then the periodic test must be conducted using a method that tests the system at an equivalent pressure. These tests shall be performed in accordance with manufacturer's guidelines or standards. If there are no manufacturer's guidelines or standards, secondary containment systems must be tested using an applicable method specified in an industry code or engineering standard. If there are no applicable manufacturers guidelines, industry codes, or engineering standards a test method approved by a state registered professional engineer shall be used.
(d) Secondary containment testing shall be performed by either a service technician or a licensed tank tester, both of which must meet the requirements of section 2715, subdivision (i).
(e) Underground storage tank owners and operators shall submit a copy of the test report to the local agency within 30 days of the completion of the test.
(f) Owners and operators of underground storage tanks must notify the local agency at least 48 hours prior to conducting the test, unless this notification requirement is waived by the local agency.
(g) 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.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25292, Health and Safety Code; and 40 CFR 280.41.





s 2638. Annual Certification of Monitoring Equipment.
(a) All monitoring equipment used to satisfy the requirements of this article shall be installed, calibrated, operated and maintained in accordance with manufacturer's instructions, and certified every 12 months for operability, proper operating condition, and proper calibration. Written records shall be maintained as required in section 2712.
(b) Persons performing installation, repair, maintenance, calibration, or annual certification of monitoring equipment shall meet the requirements set forth in section 2715, subdivision (i).
(c) Annual monitoring equipment certification shall be made on a "Monitoring System Certification" form (see Appendix VI).
(d) UST owners and operators shall submit a completed "Monitoring System Certification" form to the local agency within 30 days after completion of the inspection.
(e) The UST owner or operator shall notify the local agency at least 48 hours prior to conducting the installation, repair, replacement, calibration, or certification of monitoring equipment unless the notification requirement is waived by the local agency.
(f) A person conducting UST monitoring equipment certification shall affix a tag/sticker on each monitoring equipment component that is being certified, repaired, or replaced. The tag/sticker shall be placed in a readily visible location and shall include the date the UST component was certified, repaired, or replaced, and the contractor's license number.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25292, Health and Safety Code; and 40 CFR 280.41.





s 2640. General Applicability of Article.
(a) The requirements of this article apply to owners or operators of existing underground storage tanks.
(b) The requirements of this article apply during the following periods:
(1) Any operating period, including any period during which the tank is empty as a result of withdrawal of all stored substances before input of additional hazardous substances;

(2) Any period during which hazardous substances are stored in the tank, and no filling or withdrawal is conducted; and
(3) Any period between cessation of the storage of hazardous substances and the actual completion of closure, pursuant to Article 7, unless otherwise specified by local agency, pursuant to section 2671(b), during a temporary closure period.
(c) This article shall not apply to underground storage tanks that are designed, constructed, installed, and monitored in accordance with Article 3.
(d) Owners or operators of tanks monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code shall comply with the requirements of section 2645. Tank systems having a capacity of more than 2,000 gallons shall not be monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code.
(e) An owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as notified by the board according to its Geographic Information System mapping database, shall implement a program of enhanced leak detection or monitoring for that tank system in accordance with section 2644.1. Additionally, the following conditions for enhanced leak detection shall apply:
(1) For the purpose of section 2644.1, vent or tank riser piping, vapor recovery piping, and suction piping that meet the definitions of section 2636(a)(1), (2), or (3), are not considered single-walled components.
(2) Owners or operators notified by the board who believe that their facility is not subject to this requirement may request reconsideration by the Division of Clean Water Programs Underground Storage Tank Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 calendar days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, within 90 calendar days of receipt of the request.
(3) The request for reconsideration must include the name and address of the subject facility, the name and address of the owner or operator submitting the request, and the reason(s) why the requester believes the board notification was in error. If the request is based on evidence that the UST system in question is greater than 1,000 feet from a public drinking water well, the request shall include a demonstration that the center of the well head is more than 1,000 ft from the closest component of the UST system. If the request is based on evidence that the subject UST system does not have a single-walled component, the request shall include supporting documentation. A copy of the request shall be concurrently submitted to the local agency.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.4, Health and Safety Code; and 40 CFR 280.40, 280.42 and 280.43(b).






s 2641. Monitoring Program Requirements.
(a) Owners or operators of existing underground storage tanks subject to this article shall implement a monitoring program which is capable of detecting an unauthorized release from any portion of the underground storage tank system at the earliest possible opportunity.
(b) Underground piping shall be exempt from monitoring requirements if the local agency determines that the piping has been designed and constructed in accordance with section 2636(a)(3).
(c) All underground piping that operates at less than atmospheric pressure, unless it is exempt from monitoring under subsection (b), shall comply with the monitoring requirements of section 2643(d) and shall also include daily monitoring as described in Appendix II.
(d) All portions of the underground storage tank system shall be visually monitored in accordance with section 2642. A portion of the underground storage tank shall be exempt from visual monitoring if the owner demonstrates to the satisfaction of the local agency that one or more of the following conditions apply to that portion:
(1) It is not accessible for direct viewing;
(2) Visual inspection would be hazardous or would require the use of extraordinary personal protection equipment other than normal protective equipment such as steel-toed shoes, hard hat, or ear protection; or
(3) The underground storage tank is located at a facility which is not staffed on a daily basis.
(e) Non-visual monitoring shall be implemented for all portions of the underground storage tank which are exempt under subsection (d) and, for the underground storage tank, during periods when visual monitoring required under subsection (d) is not conducted. This non-visual monitoring shall include a quantitative release detection method as specified in section 2643 or a qualitative release detection method as specified in section 2644 or a combination of these methods as approved by the local agency.
(f) Non-visual monitoring for underground pressurized piping shall include a quantitative release detection method that complies with the performance requirements in section 2643(c)(1).
(g) The monitoring program shall be approved by the local agency and shall be in compliance with the requirements of this article and with the underground storage tank operating permit. The local agency may require additional monitoring methods specified in the operating permit or more frequent monitoring as necessary to satisfy the objective in subsection (a). In deciding whether to approve a proposed monitoring program, or to require additional methods or more frequent monitoring, the local agency shall consider the following factors:

(1) The volume and physical and chemical characteristics of the hazardous substance(s) stored in the underground storage tank;
(2) The compatibility of the stored hazardous substance(s) and any chemical reaction product(s) with the function of monitoring equipment or devices;
(3) The reliability and consistency of the proposed monitoring equipment and systems under site-specific conditions;
(4) The depth and quantity of ground water and the direction of ground water flow;
(5) The patterns of precipitation in the region and any ground water recharge which occurs as a result of precipitation;
(6) The existing quality of ground water in the area, including other sources of contamination and their cumulative impacts;
(7) The current and potential future uses (e.g., domestic, municipal, agricultural, industrial supply) of ground water in the area;

(8) The proximity and withdrawal rates of ground water users in the area;
(9) The type, homogeneity, and range of moisture content of the backfill material and native soils and their probable effects on contaminant migration and detection;
(10) The presence of contamination in the excavation zone or surrounding soils;
(11) The proximity of the underground storage tank to surface waters; and
(12) Additional hydrogeologic characteristics of the zone surrounding the underground storage tank.
(h) The monitoring program shall include written monitoring procedures and a response plan as set forth in section 2632(d).
(i) If the local agency does not approve the monitoring program, the owner or operator shall replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter and local agency approval.
(j) Equipment and devices used to monitor underground storage tanks shall be installed, calibrated, operated, and maintained in accordance with section 2638.
(k) When an unauthorized release is indicated during the installation of a release detection system, the owner or operator shall comply with the release reporting requirements of Article 5 and, if the release came from the existing tank, shall cease the installation process until the tank system is replaced, repaired, upgraded, or closed in accordance with the applicable provisions of this chapter.
(l) When implementation of the monitoring program, or any condition, indicates that an unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, or close the underground storage tank in accordance with the applicable provisions of this chapter.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25284.1, 25291 and 25292, Health and Safety Code; 40 CFR 280.40 and 280.41.






s 2642. Visual Monitoring.
(a) An owner or operator who is required pursuant to section 2641(d) to implement a visual monitoring program shall comply with all of the following requirements:
(1) All visible exterior surfaces of an underground storage tank, including any visible horizontal surface directly beneath the underground storage tank, shall be inspected at least daily by direct viewing. The inspection schedule shall be established so that some inspections are conducted when the substance in the underground storage tank is at its highest level;
(2) A written statement of the routine monitoring procedure shall be available at the facility and the record shall include the frequency of visual inspections, the location(s) from which inspections will be made, the name(s) and title(s) of the person(s) responsible for inspections, and the reporting format;
(3) Written records shall be maintained according to section 2712 of Article 10 and shall specify the liquid level in the underground storage tank at the time of each inspection. These records shall also include a description of any sampling, analyses, and testing procedures conducted to satisfy subsection (b) of this section, including any minimum levels of detection used.
(b) If any liquid is observed around or beneath the underground storage tank system, the owner or operator shall determine if an unauthorized release has occurred. An underground storage tank integrity test shall be conducted, if necessary, to determine whether the underground storage tank system is leaking. If a leak is confirmed, the owner or operator shall comply with the release reporting requirements in Article 5 and shall replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter.
(c) Visual monitoring of the exposed portion of a partially concealed underground storage tank shall not relieve an owner or operator from monitoring the concealed portion of the tank using a non-visual monitoring method as specified in section 2641.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25293, Health and Safety Code.





s 2643. Non-Visual Monitoring/Quantitative Release Detection Methods.
(a) Non-visual quantitative release detection methods shall comply with the requirements of this section. Subsection (b) contains monitoring requirements for underground storage tanks; subsection (c) for pressurized piping; subsection (d) for suction piping; and subsection (e) for gravity-flow piping. Examples of release detection methods that may be used to meet the requirements of this section are in Appendix III.
(b) Quantitative release detection method used to monitor underground storage tanks shall be conducted according to one of the methods listed in subdivisions (1) through (5) below. These quantitative monitoring methods shall meet the requirements of section 2643(f) and shall be capable of detecting release rates specified in this section with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.
(1) Automatic tank gauge -
The automatic tank gauge shall test the tank at least once per month after product delivery or when the tank is filled to within 10 percent of the highest operating level during the previous month and shall be capable of detecting a release of 0.2 gallon per hour. The automatic tank gauge shall generate a hard copy of all data reported including time and date, tank identification, fuel depth, water depth, temperature, liquid volume, and the duration of the test. Automatic tank gauge systems installed on or after January 1, 1995, shall also generate a hard copy of the calculated leak rate and leak threshold.
(2) Automatic tank gauge plus manual inventory reconciliation -
The automatic tank gauge shall test the tank at least once per month when the product level in the tank is at least three feet and shall be capable of detecting a release of 0.1 gallon per hour. The automatic tank gauge shall generate hard copies of data as specified in subdivision (b)(1) above. In addition, manual inventory reconciliation shall be conducted in accordance with section 2646 (except for subsection [b]).
(3) Statistical inventory reconciliation plus tank integrity testing -
Statistical inventory reconciliation shall be conducted at least once per month in accordance with section 2646.1 and shall be capable of detecting a release of 0.2 gallon per hour. In addition, a tank integrity test shall be conducted once every two years in accordance with section 2643.1.
(4) Manual inventory reconciliation plus tank integrity testing -
Manual inventory reconciliation shall be conducted at least once per month in accordance with section 2646 and shall be capable of detecting a release of 1.0 gallon per hour. In addition, a tank integrity test shall be conducted once per year in accordance with section 2643.1.
(5) Other test methods -

Other equivalent test methods may be used following review by the State Water Board for compliance with this section and section 2643(f).
(c) Piping that conveys hazardous substances under pressure shall be monitored in accordance with subdivision (c)(1), and either subdivision (2) or (3).
(1) Monitoring shall be conducted at least hourly at any pressure. The monitoring method shall be capable of detecting a release equivalent to 3.0 gallons per hour defined at 10 pounds per square inch pressure within one hour of its occurrence with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. The leak detection method shall restrict or shut off the flow of product through the piping or trigger a visual and audible alarm if an unauthorized release occurs. If the use of piping is intermittent, leak detection monitoring is required only at the beginning or end of the period during which the piping is under pressure, but in any event there shall not be more than one hour between the time the equipment initiates the test and detection of an unauthorized release; and
(2) Monitoring shall be conducted at least monthly at any pressure. The monitoring method shall be capable of detecting a minimum release equivalent to 0.2 gallon per hour defined at normal operating pressure; or,

(3) Monitoring shall be conducted at least annually (once per calendar year) at a pressure designated by the equipment manufacturer. The monitoring method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent (one and one half times) the normal operating pressure.
(d) Piping that conveys hazardous substances under less than atmospheric pressure (suction piping) shall be tested at least every three years at a pressure designated by the test equipment manufacturer. The test method shall by capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at a minimum of 40 psi with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency. Daily monitoring shall be performed as described in Appendix II except for emergency generator systems, which may be monitored less often, but at least monthly. Written records describing the results of the monitoring shall be maintained in accordance with section 2712(b).
(e) Piping that conveys hazardous substances by the force of gravity (excluding vertical drops) shall be monitored at least once every two years at a pressure designated by the test equipment manufacturer. The method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 40 psi. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency.
(f) Each quantitative release detection method, with the exception of manual inventory reconciliation and manual tank gauging, shall be certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in subdivisions (1) through (3) below: (continued)