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s 2691. Procedures for Requesting Additional Standards.
(a) A local agency application for additional design and construction standards shall include:
(1) A description of the proposed design and construction standards which are in addition to those described in Article 3 of this chapter.
(2) Clear and convincing evidence that the additional standards are necessary to protect the soil and beneficial uses of the waters of the state from unauthorized releases.
(3) Any documents required by the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code).
(4) An initial fee of $5,500.
(b) The applicant shall be required to pay a fee based on the actual costs of considering the application. The State Water Board will bill the applicant for additional costs or refund any unused portion of the initial fee.
(c) The State Water Board shall conduct an investigation and public hearing on the proposed standards and the need to protect the soil and beneficial uses of the water before determining whether to authorize the local agency to implement additional standards.
(d) The State Water Board may modify or revoke a previously issued authorization allowing the implementation of additional standards if it finds that, based on new evidence, the additional standards are not necessary to adequately protect the soil and beneficial uses of the waters of the state from unauthorized releases. The State Water Board shall neither modify nor revoke the authorization until it has followed procedures comparable to those in Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulation.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.





s 2710. General Applicability of Article.
(a) This article describes specific administrative actions that shall be undertaken by all underground storage tank owners, local agencies, and the State Water Board relative to issuing permits for underground storage tanks. These steps are in addition to those established by Chapter 6.7 of Division 20 of the Health and Safety Code.
(b) Section 2711 lists the information that shall be submitted by the underground storage tank owner or representative to the local agency as part of the permit application.
(c) Section 2712 describes the conditions associated with a permit for the operation of an underground storage tank and the conditions which local agencies shall meet before issuing permit.
(d) Section 2713 describes the local agency reporting requirements for unauthorized releases.
(e) Section 2714 specifies conditions that shall be met by an underground storage tank owner or operator when requesting trade secret protection for any information submitted to the local agency, State Water Board, or Regional Water Quality Board. The section also specifies how those agencies shall consider the request and how they shall maintain the information if the trade secret request is accepted.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25290 and 25293, Health and Safety Code.





s 2711. Information and Application for Permit to Operate an Underground Storage Tank.
(a) The permit application shall include, but not be limited to, the following information to the extent such information is known to the permit applicant:
(1) The name and address of the person who owns the underground storage tank or tanks.

(2) The name, location, mailing address, and telephone number where the underground storage tank is located, and type of business involved, if any.
(3) The name, address, and telephone numbers of the underground storage tank operator and 24-hour emergency contact person.
(4) The name and telephone number of the person making the application.
(5) A description of the underground storage tank including, but not limited to, the underground storage tank manufacturer, date of installation and tank capacity.
(6) Construction details of the underground storage tank and any auxiliary equipment including, but not limited to, type of primary containment, type of secondary containment (if applicable), spill and overfill prevention equipment, interior lining, and corrosion protection (if applicable).
(7) A description of the piping including, but not limited to, the type of piping system, construction, material, corrosion protection and leak detection.
(8) A scaled diagram or design or as-built drawing which indicates the location of the underground storage tank (underground storage tank, piping, auxiliary equipment) with respect to buildings or other landmarks.
(9) The description of the proposed monitoring program including, but not limited to, the following where applicable:
(A) Visual inspection procedures;
(B) Underground storage tank release detection methods or inspection procedures;
(C) Inventory reconciliation including gauging and reconciliation methods;
(D) Piping leak detection methods;
(E) Vadose zone sampling locations, and methods and analysis procedures;
(F) Ground water well(s) locations construction and development methods, sampling, and analysis procedures; and
(10) A list of all the substances which have been, are currently, or are proposed to be stored in the underground storage tank or tanks.
(11) Documentation to show compliance with state and federal financial responsibility requirements applicable to underground storage tanks containing petroleum.
(12) If the owner or operator of the underground storage tank is a public agency, the application shall include the name of the supervisor of the division, section, or office which operates the underground storage tank.
(13) The permit application shall be signed by:
(A) The owner of the underground storage tank or a duly authorized representative of the owner; or,
(B) If the tank is owned by a corporation, partnership, or public agency, the application shall be signed by:
1. A principal executive officer at the level of vice-president or by an authorized representative. The representative shall be responsible for the overall operation of the facility where the underground storage tank(s) are located; or,
2. A general partner proprietor; or,
3. A principal executive officer, ranking elected official, or authorized representative of a public agency.
(b) The owner or operator shall inform the local agency of any changes to the information provided in accordance with subsection (a) within 30 calendar days unless required to obtain approval before making the change.
(c) The permit applications, "Underground Storage Tank Permit Application-Form A," dated 5-91 and "Underground Storage Tank Permit Application-Form B," dated 12-91 shall be accompanied by the local government and state surcharge fees.
(d) The local agency shall provide the California Association of Environmental Health Administrators with copies of permit applications in accordance with Chapter 6.7 of the Health and Safety Code.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25287, Health and Safety Code.





s 2712. Permit Conditions.
(a) As a condition of any permit to operate an underground storage tank, the owner or operator shall comply with the reporting and recording requirements for unauthorized releases specified in Article 5.
(b) Written monitoring and maintenance records shall be maintained on-site or off-site at a readily available location, if approved by the local agency, for a period of at least 3 years, 6 1/2 years for cathodic protection maintenance records, and 5 years for written performance claims pertaining to release detection systems, and calibration and maintenance records for such systems. Records of repairs, lining, and upgrades shall be maintained on site or at another approved location for the remaining life of the underground storage tank. These records shall be made available, upon request within 36 hours, to the local agency or the State Water Board. Monitoring records shall include:
(1) The date and time of all monitoring or sampling;
(2) Monitoring equipment calibration and maintenance records;
(3) The results of any visual observations;
(4) The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets and analysis used;
(5) The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and
(6) The results of inventory readings and reconciliations.
(c) A permit to operate issued by the local agency shall be effective for 5 years. In addition to other information specified by the local agency, the permit shall include the permit expiration date, monitoring requirements, and the state underground storage tank identification number(s) for which the permit was issued. Before a local agency issues a new permit or renewal to operate an underground storage tank the local agency shall inspect the underground storage tank and determine that it complies with the provisions of these regulations.
(d) Permits may be transferred to new underground storage tank owners if: (1) the new underground storage tank owner does not change conditions of the permit, (2) the transfer is registered with the local agency within 30 days of the change in ownership, and (3) state permit application forms are completed to show the changes. Transferred permits shall expire and be renewed on the original expiration date. A local agency may review, modify, or terminate the permit to operate the underground storage tank upon receiving an ownership transfer request.
(e) The local agency shall not renew an underground storage tank permit unless the underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection verified that the underground storage tank complied with the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. The inspection shall be conducted as specified in section 25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicated noncompliance then the local agency shall verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.
(f) Within 30 calendar days of receiving an inspection report from either the local agency or the special inspector, the permit holder shall implement the corrections specified in the inspection report and comply with the permit conditions. The corrective action shall include all of the recommendations made by the local agency or special inspector. The local agency may waive the implementation of any of the special inspector's recommendations based on a demonstration by the permit holder to the local agency's satisfaction that failure to implement the recommendation will not cause an unauthorized release.
(g) The local agency shall take appropriate enforcement action pursuant to section 25299 of the Health and Safety Code or prohibit the operation of the tank systems if the owner or operator fails to comply with the monitoring requirements in Article 3 or 4 or the reporting requirements of Article 5.
(h) The local agency shall provide the permittee with a written list of all applicable requirements of Chapter 6.7 and 6.75 of the Health and Safety Code and these regulations.
(i) A copy of the permit and all conditions and attachments, including monitoring plans, shall be retained at the facility.
(j) All primary containment shall be product-tight.
(k) Owners and operators shall use care to prevent releases due to spilling or overfilling. Before product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall ensure that the transfer operation is monitored constantly to prevent overfilling and spilling.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293 and 25294, Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45 and 281.32(e).







s 2712.1. Content of Upgrade Compliance Certificates.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2712.2. Issuing Upgrade Compliance Certificates.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2712.3. Displaying Upgrade Compliance Certificates.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2712.4. Replacing Upgrade Compliance Certificates.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2712.5. Lists of Underground Storage Tank Facilities.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2712.6. Prohibitions.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2712.7. Sunset Provisions.


Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.





s 2713. Local Agency Reporting Requirements.
(a) Each local agency shall transmit unauthorized release information, submitted by the owner or operator, to the appropriate regional board.
(b) Local agencies shall transmit unauthorized release update report information, submitted by the owner or operator pursuant to section 2712, to the appropriate regional board for sites where they are overseeing cleanup. Local agencies shall transmit this unauthorized release update information on a quarterly schedule established by the board.
(c) On a quarterly basis, each local agency shall send to the board, information pertaining to local underground storage tank program implementation and enforcement activities. This information shall include, but not be limited to the number of:
(1) tanks subject to regulation
(2) regulated facilities
(3) facility inspections conducted
(4) inspected facilities in compliance with leak detection requirements
(5) facilities that received formal and informal enforcement action
(6) underground storage tank systems that received a red tag pursuant to Article 10.5, including:
(A) the name and address of the facility at which the tank system is located;

(B) the names of the owner and operator of the tank system;
(C) the red tag's identification number;
(D) the date the red tag was affixed to the tank system;
(E) the specific violation for which the tank system received the red tag;
(F) the date the red tag was removed from the tank system.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25292.3, Health and Safety Code.





s 2714. Trade Secret Provisions.
(a) Any person making an application for a permit to operate an underground storage tank, for renewal of the permit or application for a site-specific variance, shall identify all information which the person believes is a trade secret and submit a legal justification for the request for confidentiality. The information which shall be submitted includes, but is not limited to:
(1) Identification of those portions of the information which are believed to be trade secrets;
(2) The length of time this information should be treated as confidential;
(3) Measures that have been taken to protect this information as confidential; and
(4) A discussion of why this information is subject to trade secret protection, including references to statutory and case law as appropriate.
(b) If the local agency, the State Water Board, or the Regional Water Quality Board (collectively referred to as "agency" for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subsection (f) of this section.
(c) If the agency determines that the request for trade secret protection is clearly frivolous, it shall send a letter to the applicant stating that the information will not be treated as a trade secret unless the agency is instructed otherwise by a court within 10 working days of the date of the letter.
(d) If the validity of the request for trade secret protection is unclear, the agency will inform the person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of "trade secrets" contained in the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subsection (c) of this section.
(e) All information received for which trade secrecy status is requested shall be treated as confidential as discussed in subsection (f) of this section until a final determination is made.
(f) Information which has been found to be confidential or which is being reviewed to determine if confidentiality should exist, shall be immediately filed in a separate "confidential" file. If a document or portion of a document is filed in a confidential file, a notation shall be filed with the file document indicating that further information is in the confidential file.
(g) Information contained in confidential files shall only be disclosed to authorized representatives of the applicant or other governmental agencies in connection with the agency's responsibilities pursuant to Chapter 6.7 of the Health and Safety Code or Division 7 of the Water Code.
(h) Nothing contained herein shall limit an applicant's right to prevent disclosure of information pursuant to other provisions of law.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25290, Health and Safety Code.





Appendix I
Table A Suggested Test Methods Applicable to Regulatory Requirements


Section
Number
2631(d)(6) ASTM D-751, "Coated Fabrics"

(1989)
ASTM D-1004 "Initial Tear Resistance of
(1988) Plastic Film and Sheeting"
2631(d)(6) ASTM D-413, "Rubber Property - Adhesion
(1982) to Flexible Substrate"
ASTM D-471 "Rubber Property - Effect of
(1979) Liquids"
ASTM D-638 "Tensile Properties of Plastics"
(1989)
ASTM E-96 "Water Vapor Transmission
(1980) of Materials"
2631(d)(6) FTMS 101C "Puncture Resistance and
Method 2065 Elongation Test (1/8 inch
(1980) Radius Probe)"
2631(d)(6) FTMS 101C "Puncture Resistance"
Method 2031
(1980)


Table B Organizations That Adopt Voluntary Consensus Standards


ANSI American National Standards Institute
1430 Broadway New York, NY 10018
(212) 642-4900
API American Petroleum Institute
1220 L Street, N.W. Washington, D.C. 20005
(202) 682-8000
ASME The American Society of Mechanical Engineers
345 East 47th Street New York, NY 10017
(212) 705-7800
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
(215) 299-5400
NACE National Association of Corrosion Engineers
1440 South Creek Drive
Katy, TX 77450
(713) 492-0535
NFPA National Fire Protection Association
Batterymarch Park
Quincy, MA 02269

(800) 244-3555
NLPA National Leak Prevention Association
P.O. Box 1643
Boise, ID 83701
(208) 389-2074
NSF National Sanitation Foundation
3475 Plymouth Road
Post Office Box 1468
Ann Arbor, MI 48106
(313) 769-8010
UL Underwriters Laboratories
333 Pfingsten Road
Northbrook, IL 60062
(708) 272-8800
ULC Underwriters Laboratories of Canada, Inc.
7 Crouse Road
Scarborough, Ontario


Table C

"Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Final Rule and Interim Final Rule and Proposed Rule," EPA Fed. Reg. Vol. 49, No. 209, October 26, 1984.
"Manual of Methods for the Chemical Analysis of Water and Wastes," EPA 600/4- 79-020, March 1979.
"Procedures Manual for Ground Water Monitoring at Solid Waste Disposal Facilities," EPA 530/SW-611, August 1977.
"Soil Sampling Quality Assurance User's Guide," EPA 600/4-84- 043, May 1984.
"Hazardous Waste Land Treatment," EPA SW-874, April 1983.
"Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater," EPA 600/4-82-057, July 1982.
"Handbook for Sampling and Sample Preservation of Water and Wastewater," EPA 600/4-82-029, September 1982.
"Manual of Analytical Quality Control for Pesticides and Related Compounds in Human and Environmental Samples," EPA 600/2- 81-059, April 1981.
"EPA Test Methods for Evaluating Solid Waste - Physical/Chemical Method," SW-846
"Manual of Analytical Methods for the Analysis of Pesticides in Human and Environmental Samples," EPA 600/8-080-038.
"Standard Methods for the Examination of Water and Wastewater," American Public Health Assoc., American Water Works Assoc., Water Pollution Control Federation, 15th Edition, 1981.
"Selected Analytical Methods Approved and Cited by the United States Environmental Protection Agency," Supplement to the Fifteenth Edition of Standard Methods for the Examination of Water and Wastewater, 1981.
"Guidelines on Sampling and Statistical Methodologies for Ambient Pesticide Monitoring," Federal Working Group on Pest Management, October 1974.
"American Society for Testing and Materials (ASTM) Annual Book of Standards, Part 31, Water," 1982.
"Methods for Analysis of Organic Substances in Water," U.S. Geological Survey, Techniques of Water-Resources Investigations, Book 5, Chapter A3 1972.
"Criteria for Identification of Hazardous and Extremely Hazardous Wastes," Sections 66693 through 66746, Article 11, Chapter 30, Division 4, Title 22, California Code of Regulations.
"American Society for Testing and Materials (ASTM) Annual Book of Standards, Parts 23-25, Petroleum Products and Lubricants, 1981."





Appendix II
Suction Piping Monitoring

Suction piping (piping operating at less than atmospheric pressure) shall be monitored for the presence of air in the pipeline by observing the suction pumping system for the following indicators:
(1) The cost/quantity display wheels on the meter suction pump skip or jump during operation;
(2) The suction pump is operating, but no motor vehicle fuel is being pumped;
(3) The suction pump seems to overspeed when first turned on and then slows down as it begins to pump liquid; and
(4) A rattling sound in the suction pump and erratic flow indicating an air and liquid mixture.
If any of the above indicators are observed during testing of the suction piping system, the pipeline check valve should be inspected to determine if it is seated tightly. If there is any doubt following the inspection that the valve seats tightly, it should be repaired, replaced, or sealed off. Then the suction pumping test should be repeated and, if air is still entering the suction line, it is assumed that the pipe is leaking underground.
Written records of the daily monitoring shall be maintained at the facility site.





Appendix III

Examples of Quantitative Release Detection
Methods for Existing Tanks
Detection Method Performance Standards
Automatic Tank Gauging (Monthly) Section 2643(b)(1)
Automatic Tank Gauging (Monthly) and
Manual Inventory Reconciliation

(Monthly) Section 2643(b)(2)
Tank Integrity Test (Annually) and
Manual Inventory Reconciliation
(Monthly) Section 2643(b)(4)
Statistical Inventory Reconciliation
(Monthly) and Tank Integrity Testing
(Biennially) Section 2643(b)(3)
Manual Tank Gauging (Weekly) and
Tank Integrity Testing (Annually) Section 2645
Examples of Quantitative Release Detection
Methods for Single-Walled Pressure Piping
Detection Method Performance Standards
Automatic Line Leak Detector (Hourly) Section 2643(c)(1)
and Automatic Electronic Line Leak
Detector (Monthly) Section 2643(c)(2)
Automatic Line Leak Detector (Hourly) Section 2643(c)(1)
and Automatic Electronic Line Leak
Detector (Annually) Section 2643(c)(3)
Automatic Line Leak Detector (Hourly) Section 2643(c)(1)
and Line Tightness Test (Annually) Section 2643(c)(3)
Automatic Electronic Line Leak Detectors

(Hourly) (meets both 2643(c)(1) and (3)
standards) Section 2643(c)(3)
Examples of Qualitative Release Detection
Methods for Single-Walled Suction Piping
Line Tightness Test (Triennially) Section 2643(d)
and Daily Monitoring Appendix II
Example of Qualitative Release Detection
Methods for Single-Walled Gravity Flow Piping
Line Tightness Test (Biennially) Section 2643(e)
Examples of Qualitative Release Detection
Methods for Existing Tanks and Piping
Vapor Monitoring Sections 2644(a) and (b)
or and 2647
Ground Water Monitoring Sections 2644(a) and (c)
and 2648






Appendix IV
Evaluation Procedure for Leak Detection Equipment

Leak detection equipment can be evaluated for performance in accordance with one of the following three evaluation procedures:
1. EPA Standard Test Procedures
EPA has developed a series of standard test procedures that cover most of the methods commonly used for underground storage tank leak detection. These include:
a. "Standard Test Procedures for Evaluating Leak Detection Methods: Volumetric Tank Tightness Testing Methods"
b. "Standard Test Procedures for Evaluating Leak Detection Methods: Nonvolumetric Tank Tightness Testing Methods"
c. "Standard Test Procedures for Evaluating Leak Detection Methods: Automatic Tank Gauging Systems"
d. "Standard Test Procedures for Evaluating Leak Detection Methods: Statistical Inventory Reconciliation Methods"
e. "Standard Test Procedures for Evaluating Leak Detection Methods: Vapor-Phase Out-of-Tank Product Detectors"
f. "Standard Test Procedures for Evaluating Leak Detection Methods: Liquid-Phase Out-of-Tank Product Detectors"

g. "Standard Test Procedures for Evaluating Leak Detection Methods: Pipeline Leak Detection Systems"
Each test procedure provides an explanation of how to conduct the test, how to perform the required calculations, and how to report the results. The results from each standard test procedure provide the information needed by tank owners and operators to determine if the method meets the regulatory requirements.
EPA standard test procedures must be conducted by an independent third party under contract to the manufacturer in order to prove compliance with the regulations. Independent third-parties may include consulting firms, test laboratories, not-for-profit research organizations, or educational institutions with no organizational conflict of interest. In general, evaluations are more likely to be fair and objective the greater the independence of the evaluating organization.
2. National Consensus Code or Standard
A second way for a manufacturer to prove the performance of leak detection equipment is to have an independent third party evaluate the system following a national voluntary consensus code or standard developed by a nationally recognized association (e.g., ASTM, ASME, ANSI, etc.). Throughout the technical regulations for underground storage tanks, EPA has relied on national voluntary consensus codes to help tank owners decide which brands of equipment are acceptable. Although no such code presently exists for evaluating leak detection equipment, one is under consideration by the ASTM D-34 subcommittee. Guidelines for developing these standards may be found in the U.S. Department of Commerce "Procedures for the Development of Voluntary Product Standards" (FR, Vol. 51, No. 118, June 29, 1986) and OMB Circular No. A-119.
3. Alternative Test Procedures Deemed Equivalent to EPA's
In some cases, a specific leak detection method may not be adequately covered by EPA standard test procedures or a national voluntary consensus code, or the manufacturer may have access to data that makes it easier to evaluate the system another way. Manufacturers who wish to have their equipment tested according to a different plan (or who have already done so) must have that plan developed or reviewed by a nationally recognized association or independent third-party testing laboratory (e.g. Factory Mutual, National Sanitation Foundation, Underwriters Laboratory, etc.). The results should include an accreditation by the association or laboratory that the conditions under which the test was conducted were at least as rigorous as the EPA standard test procedure. In general, this will require the following:
a. The evaluation tests the system both under the no-leak condition and an induced-leak condition with an induced leak rate as close as possible to (or smaller than) the performance standard. In the case of tank testing, this will mean testing under both 0.0 gallon per hour and 0.10 gallon per hour leak rates. In the case of ground water monitoring, this will mean testing with 0.0 and 0.125 inch of free product.
b. The evaluation should test the system under at least as many different environmental conditions as the corresponding EPA test procedure.
c. The conditions under which the system is evaluated should be at least as rigorous as the conditions specified in the corresponding EPA test procedure. For example, in the case of volumetric tank tightness testing, the test should include a temperature difference between the delivered product and that already present in the tank, as well as the deformation caused by filling the tank prior to testing.
d. The evaluation results must contain the same information and should be reported following the same general format as the EPA standard results sheet.
e. The evaluation of the leak detection method must include physical testing of a full-sized version of the leak detection equipment, and a full disclosure must be made of the experimental conditions under which: (1) the evaluation was performed, and (2) the method was recommended for use. An evaluation based solely on theory or calculation is not sufficient.





Appendix V
Certificate of Tank and Pipe Installations

The owner or operator shall use the form below to certify that the underground storage tank and piping were installed properly.








Appendix VI








s 2715. Certification, Licensing, and Training Requirements for Underground Storage Tank Owners, Operators, Installers, Service Technicians, and Inspectors.
(a) By January 1, 2005, owners of underground storage tank systems shall submit a signed statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned. The owner shall inform the local agency of any change of designated UST operator(s) no later than 30 days after the change.
(b) Effective January 1, 2005, designated UST operators shall possess a current certificate issued by the International Code Council (ICC) indicating he or she has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months.
(c) The designated UST operator(s) shall perform monthly visual inspections of all underground storage tank systems for which they are designated. The results of each inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following:
(1) Reviewing the alarm history report or log for the previous month, and checking that each alarm condition was documented and responded to appropriately. A copy of the alarm history report or log, along with documentation describing action taken in response to any alarm(s), shall be attached to the monthly visual inspection record.
(2) Inspecting for the presence of hazardous substance, water, or debris in spill containers.

(3) Inspecting for the presence of hazardous substance, water, or debris in under-dispenser containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity.
(4) Inspecting for the presence of hazardous substance, water, or debris in containment sumps that, in the past month, have had an alarm for which there is no record of a service visit, and checking that the monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity.
(5) Checking that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred.
(6) Verifying that all facility employees have been trained in accordance with subdivision 2715(f).
(d) The designated UST operator(s) shall provide the owner or operator with a copy of each monthly inspection report, and alert the owner or operator of any condition discovered during the monthly visual inspection that may require follow-up actions.
(e) The owner or operator shall maintain a copy of the monthly inspection record and all attachments for the previous twelve months. The records shall be maintained on-site or, if approved by the local agency, off-site at a readily available location.
(f) By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) shall train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire.
(1) The training for facility employees must include, but is not limited to:
(A) The operation of the underground storage tank system in a manner consistent with the facility's best management practices.
(B) The facility employee's role with regard to the monitoring equipment as specified in the facility's monitoring plan.

(C) The facility employee's role with regard to spills and overfills as specified in the facility's response plan.
(D) The name of the contact person(s) for emergencies and monitoring equipment alarms.
(2) At least one of the facility employees present during operating hours shall have current training in accordance with subdivision (f)(1). For facilities that are not routinely staffed, the designated UST operator shall implement a facility employee training program approved by the local agency.
(3) A list of facility employees who have been trained by the designated UST operator(s), shall be maintained on-site or off-site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005.
(g) Any person(s) installing underground storage tank systems or components shall be certified or licensed by the Contractors State License Board.
(h) Any individual(s) installing underground storage tank system components shall meet the following requirements, or work under the direct and personal supervision of an individual physically present at the work site who meets the following requirements:
(1) The individual has been adequately trained as evidenced by a certificate of training issued by the manufacturer(s) of the underground storage tank system components. On and after July 1, 2001, this certification shall be renewed by completion of manufacturer's refresher training at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(2) Effective January 1, 2005, the individual shall possess a current underground storage tank system installer certificate from the International Code Council (ICC), indicating that the individual has passed the ICC UST Installation/Retrofitting exam. The individual shall renew the ICC certification, by passing the ICC UST Installation/Retrofitting exam, every 24 months.
(i) Any individual performing the work of a service technician must meet all of the following requirements:

(1) Possess or be employed by a person who possesses a current Class "A" General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement of this paragraph.
(2) Be trained and certified by the manufacturer of the equipment as follows:
(A) For service technicians conducting secondary containment testing pursuant to section 2637(a), this training and certification may be obtained through the developer of the testing equipment or test method being used, or through the manufacturer of the secondary containment system being tested, as applicable.
(B) For service technicians performing work on monitoring equipment, training and certification shall be obtained from the manufacturer of the monitoring equipment.
(C) In the event that no training or certification exists that would satisfy the criteria of subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification.
(3) Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(4) Effective July 1, 2005, service technicians shall possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam. If the California UST Service Technician exam is not available by July 1, 2004, this requirement shall be effective twelve months after the date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.
(j) Local agency inspectors or special inspectors conducting underground storage tank inspections must meet the following requirements:
(1) Effective September 1, 2005, these individuals shall possess a current inspector certificate issued by the International Code Council (ICC), indicating he or she has passed the ICC California UST Inspector exam. Local agency inspectors hired on or after September 1, 2005, are subject to this requirement 180 days from the date of hire. If the ICC California UST Inspector exam is not available by September 1, 2004, this requirement shall be effective twelve months after the date the exam is available.
(2) These individuals shall renew the California inspector certificate every 24 months, by either passing the ICC California UST Inspector exam or satisfying equivalent criteria as approved by the Division of Water Quality Underground Storage Tank Program Manager.


Note: Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281 and 25284.1, Health and Safety Code; and 40 CFR 280.20.




s 2717. Additional Definitions.
(a) "Significant Violation" means the failure of a person to comply with any requirement of Chapter 6.7 of the Health and Safety Code or any regulation adopted pursuant to Chapter 6.7, not including the corrective action requirements in Section 25296.10 of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the regulations, that is any of the following:
(1) A violation that is causing, or threatens to cause a liquid release of petroleum from an underground storage tank system, including, but not limited to: the failure of any required overfill prevention system, where the failure is causing or threatens to cause a release; or the failure of a required spill containment structure, where the failure is causing or threatens to cause a release to the environment due to a spill or an overfill.
(2) A violation that impairs the ability of an underground storage tank system to detect a liquid leak or contain a liquid release of petroleum in the manner required by law, including, but not limited to: tampering with leak detection equipment so that the equipment is no longer capable of detecting a leak at the earliest possible opportunity.
(3) A chronic violation or a violation that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the local agency shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to any requirement of Chapter 6.7 or of any regulation adopted pursuant to Chapter 6.7, not including the corrective action requirements in Section 25296.10 of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the regulations.
(b) "Imminent threat to human health or safety or the environment" means a condition that creates a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential damages to human health or safety or the environment.


Note: Authority cited: Sections 25292.3(g), 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25292.3(g), 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.




s 2717.1. Affixing Red Tags.
(a) Upon the discovery of a significant violation that poses an imminent threat to human health or safety or the environment, the local agency may immediately affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver petroleum to the underground storage tank. Immediately after affixing a red tag pursuant to this subdivision, the local agency shall notify the operator, if present on site, of the significant violation(s) for which the red tag was issued. Within 24 hours of affixing a red tag pursuant to this subdivision, the local agency shall notify the owner of the significant violation(s) for which the red tag was issued.
(b) Upon the discovery of a significant violation that does not pose an imminent threat to human health or safety or the environment and that is not otherwise exempt pursuant to Section 2717.4, the local agency may issue a notice of significant violation to the owner and operator identifying the significant violation(s). If the owner or operator fails to correct the significant violation within seven business days from receipt of the notice, the local agency may affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver petroleum to the underground storage tank.
(c) Before affixing a red tag to the fill pipe of an underground storage tank system, the local agency shall document the level of stored product in the tank.
(d) The board shall provide red tags, fill pipe bags, and tamper-resistant straps made of nylon or other durable, damage resistant material to local agencies upon request, and local agencies shall use only red tags, fill pipe bags, and tamper-resistant straps provided by the board.
(e) No owner or operator of a facility may deposit or allow the deposit of petroleum into an underground storage tank system that has a red tag affixed to the system's fill pipe.
(f) No person may deposit petroleum into an underground storage tank system that has a red tag affixed to its fill pipe.
(g) Except as otherwise provided in Section 2717.2, no person shall remove, deface, alter, or otherwise tamper with a red tag so that the information contained on the tag is not legible.
(h) If a permit is required by the local agency in order to correct one or more significant violations identified pursuant to subdivisions (a) or (b), the local agency shall, to the extent feasible, expedite its review and issuance of such permit(s).


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.




s 2717.2. Removing Red Tags.
(a) Upon notification by the owner or operator documenting to the satisfaction of the local agency that the significant violation has been corrected, the local agency may provide written authorization to the owner or operator to remove the red tag. The local agency shall inspect the underground storage tank system within five business days of notification to determine whether the system continues to be in significant violation, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the local agency determines that the system is no longer in significant violation and it has not already authorized removal of the red tag, the local agency shall immediately remove the red tag.
(b) Upon removing a red tag from an underground storage tank system, the local agency shall document the level of stored product in the tank. If the owner or operator removes a red tag pursuant to written authorization by the local agency, the owner or operator shall document the level of stored product in the tank immediately after removing the red tag.
(c) A red tag that has been removed by the owner or operator shall be returned to the local agency within five business days, or sooner if requested by the local agency.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.




s 2717.3. Removal of Red Tag from Emergency Generator Tank Systems Prior to Correction of Significant Violation.
Notwithstanding any other provision of this Article, a local agency may remove or authorize the removal of a red tag from an emergency generator tank system before a significant violation has been corrected if the local agency determines that an emergency situation exists requiring operation of the system and the delivery of petroleum is necessary for the continued operation of the system during the emergency. For purposes of this section, an "emergency generator tank system" means an underground storage tank system that provides power supply in the event of a commercial power failure, stores petroleum, and is used solely in connection with an emergency system, legally required standby system, or optional standby system, as defined in Articles 700, 701, and 702 of the National Electrical Code of the National Fire Protection Association.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281.5 and 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281.5 and 25292.3, Health and Safety Code.




s 2717.4. Notice of Correction of Significant Violation.
Upon making a determination that a significant violation has been corrected, the local agency shall notify the owner or operator in writing of its determination.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.




s 2717.5. Significant Violations Exempt From Red Tags.
(a) If an underground storage tank system component is found to be in significant violation during periodic testing of the component, a local agency may issue a notice of significant violation or affix a red tag only if:
(1) the violation poses an imminent threat to human health or safety or the environment; or (continued)