ITEM 10: UPGRADING UNDERGROUND STORAGE TANKS - EMERGENCY RULEMAKING AMENDMENT TO TITLE 23, CHAPTER 16, CALIFORNIA CODE OF REGULATIONS (CCR) UNDERGROUND STORAGE TANK (UST) REGULATIONS RELATING TO THE USE OF BLADDERS TO UPGRADE USTS BY THE DECEMBER 22, 1998 DEADLINE.
DISCUSSION: The State Water Resources Control Board (SWRCB) is being asked to consider amending regulations in Chapter 16 relating to the use of interior lining and bladders to upgrade USTs. Unless the amendment is adopted on an emergency basis, there will not be enough time before the deadline discussed below for tank owners to take advantage of the amended regulation.
In order to ensure their tanks meet standards which go into effect on December 22, 1998, owners of petroleum tanks may choose to either upgrade or replace their tanks. Section 2662(c) CCR authorizes tank owners to upgrade by having a lining sprayed onto the interior surface of their tanks to reinforce the tank walls and to protect against interior corrosion. This section also authorizes the installation of a bladder inside the tank as an upgrade option; however, Section 2664 requires the tank to be lined before installation of the bladder.
Bladder manufacturers believe the requirement to pre-line the tank is superfluous, adding unnecessary expense to the upgrade process and discouraging tank owners from using their product without providing a benefit in return. They point out that the bladder installation process includes corrosion prevention measures and the monitoring method provides superior protection against releases.
Available information from the U.S. Environmental Protection Agency and corrosion engineers, as well as information from the industry, supports the conclusion that pre-lining a tank is not necessary if the following provisions are included: the tank must have external cathodic protection, the tank walls must be free of thin areas or flaws, and the tank's interior surface must be smooth to ensure that the bladder is not likely to be punctured.
POLICY ISSUE: Should the SWRCB amend Sections 2662(c) and 2664(b) CCR and repeal Section 2664(c) CCR of Title 23, Division 3, Chapter 16, CCR as proposed?
FISCAL IMPACT: None
RWQCB IMPACT: None
STAFF RECOMMENDATION: Amend Sections 2662(c) and 2664(b) and repeal Section 2664(c) CCR to eliminate the requirement for lining a tank before installing a ladder system and to require that bladder systems have the protections listed above.
October 27, 1997 - DRAFT
1. Section 25299.3 of Chapter 6.7, Health and Safety Code (H&SC) authorizes the SWRCB to adopt regulations to implement the provisions of Chapter 6.7 relating to underground storage tanks (USTs).
2. Section 25292(d) H&SC requires that by December 22, 1998, all USTs installed before January 1, 1984 be upgraded or replaced to prevent releases due to corrosion or spills and overfills.
3. Sections 2662(c) California Code of Regulations (CCR) authorizes tank owners to use either interior lining or interior lining and bladders to upgrade their USTs. Section 2664(c) requires lining USTs before installing bladders.
4. Available information supports the conclusion that bladders alone, without interior lining, provide sufficient protection against releases and that the benefit from adding interior lining is not sufficient to warrant the requirement.
5. Requiring pre-lining of a UST discourages tank owners from installing bladders when, in fact, bladder systems are at least as protective of the environment as lined systems.
6. Unless the regulations are adopted on an emergency basis, tank owners will not have adequate time to take advantage of the amendments.
THEREFORE BE IT RESOLVED THAT:
The State Water Resources Control Board adopts as emergency regulations the proposed amendments to Sections 2662 and 2664, Chapter 16, Title 23 of the California Code of Regulations. Specifically, Section 2662(c)(2) shall read: "Bladder system, interior lining, and cathodic protection;" Section 2662(c)(2)(B) is repealed: "When upgrading a fiberglass or clad tank with a bladder system, interior lining and cathodic protection are not required if a special inspector and the local agency determine they are not necessary."; Section 2664 (b) shall have the following language added: "(5) Cathodic protection shall be installed in accordance with section 2635(a)(2)(A); (6) Before installing a bladder system, the underground storage tank shall meet the requirements in section 2663(b)(2)(B); (7) The owner or operator shall demonstrate to the satisfaction of the local agency that sufficient measures have been taken to minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder."; and (8) Before installing a bladder, thin areas or other flaws in the underground storage tank walls which need additional reinforcing shall be reinforced in accordance with Section 2661(d). Section 2664(c) is repealed: "Before installing a bladder system in a steel tank, the tank interior shall be lined in accordance with section 2663 and shall be provided with cathodic protection as required by section 2635(a)(2)(A). The periodic inspection specified in subsection 2663(h) is not required unless the bladder system is removed for repairs or replacement. Unless the local agency determines otherwise, the limiting criteria specified in section 2663(b)(2)(B)(i) through (iv) do not apply if the lining is 250 mil fiberglass-reinforced plastic or equivalent." (italic denotes language to be deleted/underline denotes new language)
The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1997.
Administrative Assistant to the Board