California Legislature—2015–16 Regular Session

Assembly Bill No. 1420

Introduced by Assembly Member Salas

February 27, 2015

An act to amend Section 25290.1 of the Health and Safety Code, relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1420, as introduced, Salas. Environment: underground storage tanks.

Existing law requires every underground storage tank installed on or after July 1, 2004, to meet certain requirements.

This bill would make nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25290.1 of the Health and Safety Code
is amended to read:

25290.1.  

(a) Notwithstanding subdivision (o) of Section 25281,
for purposes of this section, “product tight” means impervious to
the liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.

(b) Notwithstanding Sections 25290.2 and 25291, every
underground storage tank installed on or after July 1, 2004, shall
meet the requirements of this section.

(c) The underground storage tank shall be designed and
constructed to provide primary and secondary levels of containment
of the hazardous substances stored in it in accordance with the
following performance standards:

(1) Primary containment shall be constructed, operated, and
maintained product tight and compatible with the stored product.

(2) Secondary containment shall be constructed, operated, and
maintained product tight. The secondary containment shall also
be constructed, operated, and maintained in a manner to prevent
structural weakening as a result of contact with any hazardous
substances released from the primary containment, and begin delete also end delete shall
be capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any
released hazardous substance.

(3) Secondary containment shall be constructed, operated, and
maintained to prevent any water intrusion into the system by
precipitation, infiltration, or surface runoff.

(4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least
100 percent of the volume of the primary tank.

(5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of
the aggregate internal volume of all primary tanks, whichever is
greater.

(d) The underground tank system shall be designed and
constructed with a continuous monitoring system capable of
detecting the entry of the liquid- or vapor-phase of the hazardous
substance stored in the primary containment into the secondary
containment and capable of detecting water intrusion into the
secondary containment.

(e) The interstitial space of the underground storage tank shall
be maintained under constant vacuum or pressure such that a breach
in the primary or secondary containment is detected before the
liquid or vapor phase of the hazardous substance stored in the
underground storage tank is released into the environment. The
use of interstitial liquid level measurement methods satisfies the
requirements of this subdivision.

(f) The underground storage tank shall be provided with
equipment to prevent spills and overfills from the primary tank.

(g) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a
primary or secondary container, those substances shall be separated
in both the primary and secondary containment so as to avoid
potential intermixing.

(h) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector.

(i) Before the underground storage tank is covered, enclosed,
or placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the
Flammable and Combustible Liquids Code, adopted by the
National Fire Protection Association (NFPA 30), as amended and
published in the respective edition of the Uniform Fire Code, shall
be followed.

(j) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using
one of the following methods to demonstrate that the tank is
product tight:

(1) Enhanced leak detection.

(2) An inert gas pressure test that has been certified by a third
party and approved by the board.

(3) A test method deemed equivalent to enhanced leak detection
or an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed
and tested in accordance with this subdivision begin delete is end delete begin insert shall be end insert exempt
from the requirements of Section 25292.5.

(k) Notwithstanding Section 25281.5, for any system installed
to meet the requirements of this section, those portions of vent
lines, vapor recovery lines, and fill pipes that are beneath the
surface of the ground begin delete are end delete begin insert shall be considered end insert “pipe” as begin delete the end delete begin insert that end insert
term is defined in subdivision (m) of Section 25281, and therefore
part of the underground storage tank system.