state water resources control board underground storage tank regulations amendments for ...

1015 Pages·2003·42.17 MB·English

STATE WATER RESOURCES CONTROL BOARD
UNDERGROUND STORAGE TANK REGULATIONS
AMENDMENTS FOR IMPLEMENTATION OF SB 989
STATE WATER RESOURCES CONTROL BOARD UNDERGROUND STORAGE TANK REGULATIONS
AMENDMENTS FOR IMPLEMENTATION OF SB 989 FINAL RULEMAKING FILE TABLE OF CONTENTS
STATE WATER RESOURCES CONTROL BOARD
UNDERGROUND STORAGE TANK REGULATIONS
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AMENDMENTS FOR IMPLEMENTATION OF SB 989
FINAL RULEMAKING FILE
TABLE OF CONTENTS
(Volume I)
Documentation of Board hearings and adoption of regulations
1.
I. TRANSMITTAL LETTERS
II. FORM 400 (includingj ustification for early effective date)
A. FINAL TEXT OF REGULATIONS (attached to original form 400)
Ill. NOTICE OF PROPOSED RULEMAKING (including plain English s~mary)
IV. STATEMENT OF MAILING
V. TEXT OF REGULATIONS (as originally proposed)
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VI. INITIAL STATEMENT OF REASONS
VII. TRANSCRIPT OF PUBLIC HEARING RELATING TO PROPOSED REGULATIONS
VIII. POST NOTICE MODIFICATION TO TEXT (including full text and SOR)
A, NOVEMBER 22 TO DECEMBER 11,2000
B. DECEMBER22,2000 TO JANUARY 8,2001
C. JANUARY 9 TO JANUARY 26,2001
E. UPDATED INFORMATIVE DIGEST
X FISCAL IMPACT (form 399, including supporting documentation).
XI FINAL STATEMENT OF REASONS
A. SUMMARY OF, AND RESPONSE TO, COMMENTS (45 DAY PERIOD)
B. SUMMARY OF, AND RESPONSE TO, COMMENTS (NOV. 22 TO DEC. 11)
C. SUMMARY OF, AND RESPONSE TO, COMMENTS (DEC. 22 TO JAN. 8)
D. SUMMARY OF, AND RESPONSE TO, COMMENTS (JAN. 9 TO JAN. 26)
(Volume 11)
Y Xa. SUPPORTING DOCUMENTS / OTHER MATERIAL
A. WRITTEN, AND TRANSCRIBED, COMMENTS (45-DAY PERIOD)
B. WIUTTEN COMMENTS (NOV. 22 TO DEC. 11)
C. WRITTEN COMMENTS (DEC. 22 TO JAN. 8)
D. WRITTEN COMMENTS (JAN. 9 TO JAN. 26)
E. STUDIES RELIED ON
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F. PRE-NPRM COMMENTS
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G. SUPPORTING LEGISLATION (SB 989)
DECLARATION
I The foregoing index represents the rulemaking file of the subject proposed
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i regulations of the State Water Resources Control Board (SWRCB), Division of
Clean Water Programs, Underground Storage Tank Program. The rulemaking
file as submitted is complete. The rulemaking records for these regulations
closed at 5:OO p.m. on March 15, 2001.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct to the best of my knowledge.
Executed at Sacramento, California on 486 ,/ 7 ,2001.
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Charles NeSmh,A ssobiatk En2heering Geologist
Division of Clean Water Programs
State Water Resources Control Board
.- -. . .. . .,
i. SWRCB Hearings and Adoption of
Package
STATE WATER RESOURCES CONTROL BOARD UNDERGROUND STORAGE TANK REGULATIONS
AMENDMENTS FOR IMPLEMENTATION OF SB 989 FINAL RULEMAKfNG FILE TABLE OF CONTENTS
In re: NOTICE OF APPROVAL OF
ACTION
STATE WATER RESOURCES CONTROL BOARD
act.
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REGULATORYA CTION: Government Code Section 11349.3
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'Title 23, California Code of Regulations OAL File No. 01-0402-01 S.,
--- . -. ... - .......... . -~... .
Adopt sections- ..-2&:q, 2636.2, 2636:3;2636.4;'-
2637,2644.1
Amend sections 2611,2630,2631,2635,2636,
2640,2641,2660,2666
This action updates the underground storage tank regulations to implement statutory changes that
require periodic testing of secondary containment systems, standards for. under-dispenser
containment and enhanced leak detection, and an appeal procedure.
0AL.approves this regulatory action as meeting all applicable legal requirements.
3 d O .
DATE: 05/14/01 %$7Ej
. .
DAVID D. POTTER
Senior Staff Counsel -
, -.
for:' DAVID B. JUDSON
- .... ..... - Deputy Director/Chiei~Courisei . . . . . . .
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Original : Edward C. Anton, Executive Director
cc : Charles NeSmith
.RE C E I V E D
MAY I 2001
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Division of Clean Water Programs
A
.. .- ! .. , -. .........
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In re: NOTICE OF APPROVAL OF REGULATORY
t
ACTION
STATE WATER RESOURCES CONTROL BOARD
REGULATORY ACTION: Government Code Section 11349.3
Title 23, California Code of Regulations OAL File No. 01-0402-01 S
- . Adopt sectioiis- 2636.1; 2636.2, 2636:3,2636.4, . .. . . . - . _. .- . . .
I 2637,2644.1
Amend sections 2611,2630,2631,2635,2636,
2640,2641,2660,2666
. .
n
DATE: 05/14/01
i
DAVID D. POTTER
Senior Staff Counsel
for: DAVID B. JUDSON
-
. .. - ... . Deputy DirectoriCniei Counsel . ._
Original ; Edward C. Anton, Executive Director
cc : Charles NeSmith
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STATE OF CALIFORNIA
OFFICE OF ADMINISTRATIVE LAW
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MEMORANDUM
To: Charles NeSrnith Date: 06/28/01
File# 01-0402-01 S
Phone: [phone] '
From: OAL Front Counter
Subject: RETURN OF APPROVED RULEMAKING MATERIALS
OAL'hereby returns this Approved file your agency submitted for our review.
. .
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..If.thisi s an approved file, it containsa cop of the regulation(s) starn ed "ENDORSED FILED b the Secretar
of State. The effective date of an ap roveJfile is specified on the da!? Form 400 (see item 8.4) kote : The 308
'-Daya fterfiling with the Secretaly orstate is calculated from thedate Form 400was stamped "ENDORSED
. .
, FILED by the Secretary of State. . .
DO NOT DISCARD OR DESTROY THIS FILE
e
Due to its legal significance, please retain this rulemakin record. Government Code section 11347.3(d) requires
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that this record be available to the public and to the cour for possible later review. Government Code secbon
...
11347,3(e) further rovides that no item contained in the file shall be removed, altered, or destroyed or
otherwise disposetof ." See also the Records Management Act (Government Code section 14740 et seq.) and
the State Administrative Manual (SAM) section 1600 et sez/ regarding retention of your records.,lf, Y ou decide
a
not to keep this rulemaking at your a ency office or at the ate Records Centre, you may transmit I to the
State Archives with instructions that t e Secretaty ofstate shall not remove, alter, or destroy or otherwise
disposeof any item contained in the file. See Government Code section 11347.3(9
enclosures
a ,
State Water Resources Control Board
Executive Office
.@ston H. Hickox 1001 I Street * Sacramento, California 95814 '[phone] Gray Davis
Tecrelo? for Mailing Address: P.O. Box 100 * Sacramento, California * 95812-0100 ' Governor
nviro?rnental FAX [phone] * Web Site Address: http://www.swrcb.ca.gov
Proleclio"
CERTIFICATION
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1. I, Maureen Marche, am the Clerk to the State Water Resources Control Board. I am
custodian of certain records maintained by the State Water Board.
2. I hereby certify that the attached is a full, true, and correct copy of:
February 15, 2001 agenda item, proposed resolution, and February 6, 2001 draft
regulations regarding underground storage tank regulations, Title 23, Division 3,
Chaper 16, CCR, amendments for implementation of SB 989. '
Copy of Resolution No. 2001-024, Approval of Proposed Revised Regulations
Governing Underground Storage Tanks
Copy of the minutes of the February 15, 2001 meeting showing no changes were
made to the proposed regulations.
Executed on May 14, 2001 in Sacramento, California.
Clerk& the Board
California Environmental Protection Agency
(D Recycled Poper
.- .. .
STATE WATER RESOURCES CONTROL BOARD
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RESOLUTION NO. 2001 024
APPROVAL OF PROPOSED REVISED REGULATIONS GOVERNING UNDERGROUND
STORAGE TANKS
WHEREAS:
1. The Legislature enacted Health and Safety Code Chapter 6.7 to establish orderly procedures
that will ensure that underground storage tanks meet approiriate standards and are installed,
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maintained, inspected, tested, and upgraded so that the health, property, and resources of the
people of the state will be protected.
2. The SWRCB administersthe Underground Stokage Tank (UST) Program, and local agencies
implement the program through UST permitting and enforcement. '
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3. Health and Safety Code section 25299.33 of chapter 6.7 authorizes the SWRCB to adopt
regulations to implement chapter 6.7.
4. In October 1999, the Legislature amended chapter 6.7 by enacting Senate Bill 989
(stats.1999, ch 812).
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5. On May 12,2000 the SWRCB published a notice of proposed rulemaking to implement,
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interpret, and clarify the recent amendments to chapter 6.7, and on July 18,2000 held a
public hearing regarding the proposed regulations.
6. The SWRCB received several written and/or oral comments and, based on the accepted
comments and on SWRCB initiated changes, the proposed regulations were revised and re-
noticed to commenters for further comments for 15 days. Additional comments were
received during the 15-day notice, and the SWRCB revised the regulations in response to
these comments and re-noticed the changes. This process was repeated for a third and final
15-day notice. Although additional comments were received during the last 15-day comment
period, the SWRCB rejected all of these comments and no further revisions were made to the
proposed regulations. prior to the January 31,2001 SWRCB board workshop.
However, at the SWRCB board worlcshop on January 3 1,2001 the board directed SWRCB
staff to make non-substantial changes to subdivision 2637(a)(2), in response to or&
comments presented at the workshop. Staff have made these changes as directed.
7. The SWRCB has determined that it is appropriate and desirable to amend the Underground
Storage Tank regulations identified in the notice of proposed mlemaking, the 15-day notice of
chmge of text, and the final statement of reasons, and that no revisions to the amendments are
necessary in light of the final public comments received.
THEREFORE BE IT RESOLVED THAT:
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The State Water Resources Control Board adopts the proposed amendments to the Underground
Storage Tank regulations to implement, interpret, and make specific chapter 6.7 of the Health
and Safety Code, which will become effective as provided by the California Administrative
Procedure Act upon approval by the Office of Administrative Law and filing with the Secretary
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of State, and directs the Executive Director to submit the proposed amendments to the Office of
Administrative Law for approval.
CERTIFICATION
The undersigned, Adminstrative Assistant to the Board, does hereby certify that the foregoing is
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a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State
Water Resources Control Board held on February 15,2001.
Adminiskative Assistant to Board
&he
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