BILL ANALYSIS Ó
AB 1566
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 1566
AUTHOR: Wieckowski
AMENDED: May 25, 2012
FISCAL: Yes HEARING DATE: July 2, 2012
URGENCY: No CONSULTANT: Joanne Roy
SUBJECT : ABOVEGROUND STORAGE TANKS
SUMMARY :
Existing law :
1) Pursuant to the federal Spill Prevention Control and
Countermeasure (SPCC) rule (40 CFR Part 112), requires
owners and operators of tank facilities to prepare and
implement an SPCC Plan which is enforceable by Unified
Program Agencies (UPAs).
2) Under the Aboveground Petroleum Storage Act (APSA) (Health
and Safety Code §25270 et seq.):
a) Defines "aboveground storage tank" (AST) as a "tank
that has the capacity to store 55 gallons or more of
petroleum and that is substantially or totally above the
ground," except as specified. (§25270.2(a)).
b) Defines "petroleum" as "crude oil, or a fraction
thereof, that is liquid at 60 degrees Fahrenheit
temperature and 14.7 pounds per square inch absolute
pressure." (§25270.2(h)).
c) Defines "tank facility" as one or more ASTs,
including any piping integral to the tanks, that contain
petroleum and that are used by the owner or operator at
a single location or site. (§25270.2(m)).
d) Requires the UPAs to implement APSA. (§25270.4) .
e) Requires tank facilities with storage capacity
AB 1566
Page 2
between 1,320 gallons and 10,000 gallons to be subject
to the requirements of APSA. (§25270.3).
f) Requires the owner or operator of an AST to prepare a
spill prevention control and countermeasure plan,
periodically inspect the AST, and allow the UPA to
inspect as well. (§25270.4.5).
g) Requires UPAs to inspect tank facilities with a
10,000 gallon minimum total storage capacity at least
once every three years. (§25270.5).
h) Requires the owner or operator to pay a fee to cover
implementation costs of APSA. (§25270.6).
i) Authorizes the State Water Resources Control Board
(SWRCB) and regional water quality control boards
(RWQCBs) to oversee cleanup or abatement efforts of
unauthorized releases from ASTs. (§25270.9).
j) Authorizes funds in the Environmental Protection
Trust Fund (Fund) to be used for training UPAs and
implementing APSA, and sunsets expenditures on July 1,
2013. (§25270.11).
aa) Establishes civil penalties for violation of APSA and
allocates those penalties back to the Fund. (§25270.12).
3) Describes the process for the adoption and interpretation
of statewide standards and requirements for program
administration by the UPAs. (§25404.1).
4) Exempts a tank located in a below-grade structure that is
connected to an emergency generator tank system and meets
specified conditions from requirements imposed on
underground storage tanks, one condition being that the
tank or combination of tanks has a cumulative capacity of
1,100 gallons or less of diesel fuel. (§25281.6).
This bill :
1) Expands the definition of "aboveground storage tank" to
AB 1566
Page 3
include a "tank in an underground area."
2) Defines a "tank in an underground area" as at least 10
percent below the ground surface and contained in a
structure that provides secondary containment. The tank
may contain specified liquids and specific conditions are
required based on the liquid contained in the tank.
3) Requires the Office of the State Fire Marshal (OSFM) to
adopt regulations and provide guidance and oversight to
UPAs implementing APSA. OSFM must: a) establish an
advisory committee made up of a variety of stakeholders;
and b) provide training, ensure consistency with state and
federal law, and support UPAs in outreach efforts to the
regulated community.
4) Allows money in the Waste Discharge Permit Fund to be used
by an RWQCB to remedy a significant unforeseen water
pollution problem and other specified actions.
5) Authorizes UPAs to assess administrative penalties on an
owner or operator for failing to meet the requirements of
APSA and provides that violations of specified APSA
requirements are a misdemeanor.
6) Increases the maximum cumulative capacity of specified
tanks exempted from requirements imposed on underground
storage tanks from 1,100 gallons to 1,320 gallons.
COMMENTS :
1) Purpose of Bill . The sponsor, California Association of
Environmental Health Administrators, states that "this
measure will clarify the definition of what is commonly
referred to a 'vaulted tank' and will establish the ÝOSFM]
as the oversight agency for the aboveground tank program
element within the Unified Program. There exists tension
and confusion over exactly how these below-grade but not
'underground' or 'in-the-ground' tanks should be regulated.
This bill clarifies the distinction between these two
types of petroleum storage tanks. Furthermore, AB 1566
designates the ÝOSFM] as the State oversight agency for the
aboveground tank program element that was transferred from
AB 1566
Page 4
SWRCB to the certified unified program agencies (CUPAs)
some years back. As in all the other elements of the
Unified Program, the State oversight agencies assist in
providing training and offering interpretation in program
implementation - thus enhancing consistency and
coordination in program management."
2) Background . UPAs regulate facilities with ASTs containing
petroleum-based substances. These typically include large
petroleum tank facilities, aboveground fuel tank stations
and vehicle repair shops with aboveground petroleum storage
tanks. There are approximately 9,000 regulated facilities
covered by APSA requirements.
3) "Tank In an Underground Area" . AB 1566 expands the
definition of "aboveground storage tank" to include a "tank
in an underground area" which is commonly referred to as a
"vaulted" tank. For example, these vaulted tanks are
typically used in oil change service shops. The proposed
definition requires the tank to be above the surface of the
floor, able to be physically inspected, and meet either of
the following conditions:
a) If the tank contains oil or coolant to be used as a
lubricant in a motor engine or transmission or used oil
or coolants, then the tank must be situated to allow for
physical inspection of the exterior of the tank except
for the part of the tank in contact with the surface of
the floor.
b) If the tank contains motor fuel, then the tank must
be situated to allow for physical inspection of the
exterior of the tank including all piping connected to
the tank including any portion of a vent line, vapor
recovery line, or fill pipe that is beneath the surface
of the ground, and all ancillary equipment.
Oil/coolant tanks are receptacles and almost exclusively do
not have ancillary piping connected to the tank and the
liquid is drained in and pumped out. On the other hand,
motor fuel tanks have ancillary piping which has the
potential to leak.
AB 1566
Page 5
4) Opposition . The U.S. Department of Defense contends that
the proposed definition of "tank in an underground area" is
too restrictive by limiting the contents of vaulted tanks
to "oil or coolant to be used as a lubricant in a motor
engine or transmission or used oil or coolants" and argues
that all uses of petroleum products should be included.
The U.S. Navy installed oil water separator tanks for a waste
treatment system at the Naval Air Weapons Station, China
Lake. The tanks were originally designed and constructed
to meet hazardous waste systems criteria pursuant to
California Code of Regulations (CCR) Title 22 and have been
operated as 22 CCR hazardous waste water tank systems.
In February 2011, San Bernardino County Certified Unified
Program Agency (CUPA) issued an enforcement order citing
that these tanks at China Lake should be regulated as
underground storage tanks, registered and operated under
CCR Title 23 and Health and Safety Code Chapter 6.7
pertaining to underground storage of hazardous substances.
According to the U.S. Navy, it has requested the San
Bernardino County CUPA to reconsider and the enforcement
order is pending the outcome of AB 1566.
In addition to AB 1566, the U.S. Navy has considered other
options to address the issue cited by the San Bernardino
County CUPA including "requesting a statutory exemption
based on visual monitoring of the units with comparable
regulatory standards for operation and maintenance of these
tank units." (U.S. Navy letter to San Bernardino County
Fire Department, subject: underground storage tank
determination response with request for consideration
and/or 6.7 HSC 25283.5 exemption, June 10, 2011.)
It may be appropriate to strike the definition of "tank in an
underground area," revise the definition of "aboveground
storage tank" accordingly, and strike reference to "tank in
an underground area" in §25281(y)(1)(E), while the parties
can continue to meet and resolve this issue.
5) Conflict/Chaptering Out . AB 1566 (Wieckowski) and AB 1701
(Wieckowski) both amend §25281 which provides definitions
for terms used in Chapter 6.7 of the Health and Safety Code
AB 1566
Page 6
pertaining to underground storage of hazardous substances.
Amendments are needed to double-joint the two bills in order
to prevent the potential of either bill from chaptering out
the other.
6) Related legislation . AB 1701 (Wieckowski) provides for
state certification of cities and counties to oversee the
cleanup of USTs. This bill is being heard in Senate
Environmental Quality Committee July 2, 2012.
7) Previous legislation . AB 681 (Wieckowski) Chapter 574,
Statutes of 2011, extended the Environmental Protection
Trust fund expenditures until June 1, 2013, and provided
that unexpended funds be deposited in the Unified Program
Account for further support for Certified Unified Program
Agencies' aboveground storage tank activities.
AB 1130 (Laird) Chapter 626, Statutes of 2007, transferred the
responsibility for aboveground storage tank inspection
program and fee collection from the SWRCB and RWQCBs to the
local CUPAs.
SOURCE : California Association of Environmental Health
Administrators
SUPPORT : None on file
OPPOSITION : U.S. Department of Defense