Senate Bill No. 1147

Introduced by Senator Galgiani

February 18, 2016

An act to amend Section 25270.2 of the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 1147, as introduced, Galgiani. Hazardous materials: aboveground storage tanks.

The Aboveground Petroleum Storage Act generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act defines an “aboveground storage tank” as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground or a tank in an underground area, as defined, except for certain types of tanks and vessels. Existing law makes a violation of certain provisions of the act a crime.

This bill would amend the definition of “aboveground storage tank” to mean a tank that has the capacity to store 55 gallons or more of transportation fuel and that is substantially or totally above the surface of the ground or a tank in an underground area, as defined, except for certain types of tanks and vessels. The bill would define “transportation fuel” to include petroleum, ethanol, and biodiesel.

By expanding the kinds of aboveground storage tanks that would be regulated by the act, the bill would expand the application of a crime, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

Section 25270.2 of the Health and Safety Code
is amended to read:

25270.2.  

For purposes of this chapter, the following definitions
apply:

(a) “Aboveground storage tank” or “storage tank” means a tank
that has the capacity to store 55 gallons or more of begin delete petroleum end delete
begin insert transportation fuel end insert that is substantially or totally above the surface
of the ground, except that, for purposes of this chapter,
“aboveground storage tank” or “storage tank” includes a tank in
an underground area. “Aboveground storage tank” does not include
any of the following:

(1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.

(2) A tank containing hazardous waste or extremely hazardous
waste, as respectively defined in Sections 25117 and 25115, if the
Department of Toxic Substances Control has issued the person
owning or operating the tank a hazardous waste facilities permit
for the storage tank.

(3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.

(4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:

(A) The equipment contains less than 10,000 gallons of dielectric
fluid.

(B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed
to prevent discharged oil from reaching a navigable water course,
and the electrical equipment is visually inspected in accordance
with the usual routine maintenance procedures of the owner or
operator.

(5) A tank regulated as an underground storage tank under
Chapter 6.7 (commencing with Section 25280) of this division and
Chapter 16 (commencing with Section 2610) of Division 3 of Title
23 of the California Code of Regulations and that does not meet
the definition of a tank in an underground area.

(6) A transportation-related tank facility, subject to the authority
and control of the United States Department of Transportation, as
defined in the Memorandum of Understanding between the
Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, as set forth in Appendix
A to Part 112 (commencing with Section 112.1) of Subchapter D
of Chapter I of Title 40 of the Code of Federal Regulations.

(7) A tank or tank facility located on and operated by a farm
that is exempt from the federal spill prevention, control, and
countermeasure rule requirements pursuant to Part 112
(commencing with Section 112.1) of Subchapter D of Chapter I
of Title 40 of the Code of Federal Regulations.

(b) “Board” means the State Water Resources Control Board.

(c) (1) “Certified Unified Program Agency” or “CUPA” means
the agency certified by the Secretary for Environmental Protection
to implement the unified program specified in Chapter 6.11
(commencing with Section 25404) within a jurisdiction.

(2) “Participating Agency” or “PA” means an agency that has
a written agreement with the CUPA pursuant to subdivision (d)
of Section 25404.3, and is approved by the secretary, to implement
and enforce the unified program element specified in paragraph
(2) of subdivision (c) of Section 25404, in accordance with Sections
25404.1 and 25404.2.

(3) (A) “Unified Program Agency” or “UPA” means the CUPA,
or its participating agencies to the extent that each PA has been
designated by the CUPA, pursuant to a written agreement, to
implement and enforce the unified program element specified in
paragraph (2) of subdivision (c) of Section 25404. The UPAs have
the responsibility and authority, to the extent provided by this
chapter and Sections 25404.1 to 25404.2, inclusive, to implement
and enforce the requirements of this chapter.

(B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.

(C) This paragraph does not limit the authority or responsibility
granted to the office, the board, and the regional boards by this
chapter.

(d) “Office” means the Office of the State Fire Marshal.

(e) “Operator” means the person responsible for the overall
operation of a tank facility.

(f) “Owner” means the person who owns the tank facility or
part of the tank facility.

(g) “Person” means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. “Person”
also includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.

(h)  begin delete “Petroleum” end delete begin insert “Transportation fuel” end insert means begin delete crude end delete begin insert all of the
following: end insert

begin insert (1) end insert begin insert   end insert begin insert Crude end insert oil, or a fraction thereof, that is liquid at 60 degrees
Fahrenheit temperature and 14.7 pounds per square inch absolute
pressure.

begin insert

(2) Ethanol.

end insert begin insert

(3) Biodiesel.

end insert

(i) “Regional board” means a California regional water quality
control board.

(j) “Release” means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.

(k) “Secretary” means the Secretary for Environmental
Protection.

(l) “Storage” or “store” means the containment, handling, or
treatment of begin delete petroleum, end delete begin insert transportation fuel, end insert for a period of time,
including on a temporary basis.

(m) “Storage capacity” means the aggregate capacity of all
aboveground storage tanks at a tank facility.

(n) “Tank facility” means one or more aboveground storage
tanks, including any piping that is integral to the tanks, that contain
begin delete petroleum end delete begin insert transportation fuel end insert and that are used by an owner or
operator at a single location or site. For purposes of this chapter,
a pipe is integrally related to an aboveground storage tank if the
pipe is connected to the tank and meets any of the following:

(1) The pipe is within the dike or containment area.

(2) The pipe is between the containment area and the first flange
or valve outside the containment area.

(3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.

(4) The pipe is connected to a tank in an underground area.

(o) (1) “Tank in an underground area” means a storage tank to
which all of the following apply:

(A) The storage tank is located in a structure that is at least 10
percent below the ground surface, including, but not limited to, a
basement, cellar, shaft, pit, or vault.

(B) The structure in which the storage tank is located, at a
minimum, provides for secondary containment of the contents of
the tank, piping, and ancillary equipment, until cleanup occurs. A
shop-fabricated double-walled storage tank with a mechanical or
electronic device used to detect leaks in the interstitial space meets
the requirement for secondary containment of the contents of the
tank.

(C) The storage tank meets one or more of the following
conditions:

(i) The storage tank contains begin delete petroleum end delete begin insert transportation fuel end insert to
be used or previously used as a lubricant or coolant in a motor
engine or transmission, oil-filled operational equipment, or
oil-filled manufacturing equipment, is situated on or above the
surface of the floor, and the structure in which the tank is located
provides enough space for direct viewing of the exterior of the
tank except for the part of the tank in contact with the surface of
the floor.

(ii) The storage tank only contains begin delete petroleum end delete begin insert transportation
fuel end insert that is determined to be a hazardous waste, complies with the
hazardous waste tank standards pursuant to Article 10
(commencing with Section 66265.190) of Chapter 15 of Title 22
of the California Code of Regulations as it may be amended, and
the tank facility has been issued a unified program facility permit
pursuant to Section 25404.2 for generation, treatment,
accumulation, or storage of hazardous waste.

(iii) The storage tank contains begin delete petroleum end delete begin insert transportation fuel end insert
and is used solely in connection with a fire pump or an emergency
system, legally required standby system, or optional standby system
as defined in the most recent version of the California Electrical
Code (Section 700.2 of Article 700, Section 701.2 of Article 701,
and Section 702.2 of Article 702, of Chapter 7 of Part 3 of Title
24 of the California Code of Regulations), is situated on or above
the surface of the floor, and the structure in which the tank is
located provides enough space for direct viewing of the exterior
of the tank except for the part of the tank in contact with the surface
of the floor.

(iv) The storage tank does not meet the conditions in clauses
(i), (ii), or (iii), but meets all of the following conditions:

(I) It contains begin delete petroleum. end delete begin insert transportation fuel. end insert

(II) It is situated on or above the surface of the floor.

(III) The structure in which the tank is located provides enough
space for direct viewing of the exterior of the tank, except for the
part of the tank in contact with the surface of the floor, and 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, can either be visually
inspected by direct viewing or has both secondary containment
and leak detection that meet the requirements of the regulations
adopted by the office pursuant to Section 25270.4.1.

(2) For a shop-fabricated double-walled storage tank, direct
viewing of the exterior of the tank is not required under paragraph
(1) if inspections of the interstitial space are performed or if it has
a mechanical or electronic device that will detect leaks in the
interstitial space.

(3) (A) A storage tank in an underground area is not subject to
Chapter 6.7 (commencing with Section 25280) if the storage tank
meets the definition of a tank in an underground area, as provided
in paragraph (1) and, except as specified in subparagraph (B), the
regulations that apply to all new and existing tanks in underground
areas and buried piping connected to tanks in underground areas
have been adopted by the office pursuant to Section 25270.4.1.

(B) A storage tank meeting the description of clause (i) of
subparagraph (C) of paragraph (1) shall continue to be subject to
this chapter, and excluded from the definition of an underground
storage tank in Chapter 6.7 (commencing with Section 25280),
before and after the date the regulations specific to tanks in
underground areas have been adopted by the office.

(p) “Viewing” means visual inspection, and “direct viewing”
means, in regard to a storage tank, direct visual inspection of the
exterior of the tank, except for the part of the tank in contact with
the surface of the floor, and, where applicable, the entire length
of all piping and ancillary equipment, including all exterior
surfaces, by a person or through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.