BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1147
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|Author: |Galgiani |
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|Version: |4/6/2016 |Hearing |4/20/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Hazardous materials: aboveground storage tanks
ANALYSIS:
Existing federal 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 Certified Unified Program Agencies
(CUPAs).
Existing California law:
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.
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."
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.
SB 1147 (Galgiani) Page 2 of ?
d) Requires the Certified Unified Program Agencies (CUPAs) to
implement APSA.
e) Requires tank facilities with storage capacity between 1,320
gallons and 10,000 gallons to be subject to the requirements of
APSA.
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 CUPA to inspect as well.
g) Requires CUPAs to inspect tank facilities with a 10,000
gallon minimum total storage capacity at least once every three
years.
h) Requires the owner or operator to pay a fee to cover
implementation costs of APSA.
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.
3)Requires the Department of Forestry and Fire Protection (CAL FIRE)
- Office of the State Fire Marshal (OSFM) to adopt regulations and
provide guidance and oversight to CUPAs implementing APSA.
4)Allows money in the Waste Discharge Permit Fund to be used by a
regional board to remedy a significant unforeseen water pollution
problem and other specified actions.
5)Authorizes CUPAs 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)Allows local tank ordinances to be more stringent than state or
federal requirements, but since SB 1147 would allow more stringent
requirements with an approved ordinance, there does not appear to
be a conflict of language.
This bill:
1) Prohibits a city, county, or city and county from enforcing
standards for aboveground storage tanks that are more stringent
than state or federal standards for aboveground storage tanks
unless the city, county, or city and county first adopts an
SB 1147 (Galgiani) Page 3 of ?
ordinance establishing those standards.
Background
1) APSA. APSA regulates facilities with aggregate aboveground
petroleum storage capacities of 1,320 gallons or more, which
include aboveground storage containers or tanks with petroleum
storage capacities of 55 gallons or greater. These facilities
typically include large petroleum tank facilities, aboveground
fuel tank stations and vehicle repair shops with aboveground
petroleum storage tanks.
APSA does not regulate non-petroleum products.
Facilities with total petroleum storage quantities at or above
10,000 gallons are inspected at least once every three years by a
Certified Unified Program Agency and have reporting and fee
requirements, while facilities with petroleum storage quantities
equal to or greater than 1,320 gallons but less than 10,000
gallons have reporting and fee requirements only.
All regulated facilities must meet the federal SPCC rule
requirements and must develop a spill prevention, control, and
countermeasure plan that meets federal requirements.
APSA was established following a major spill event in Martinez,
California in April 1988, during which an estimated 400,000
gallons of crude oil spilled into sensitive marshes, the Suisun
Bay and the Bay Delta Estuary.
APSA required the Regional Water Quality Control Boards (regional
boards) to oversee inspections of AST facilities to ensure that a
federally mandated SPCC plan was in place, that tanks were not
leaking, and that a monitoring program was undertaken, if
necessary. It also required owners and operators of ASTs, which
at the time was approximately 4,500 fee-paying AST facilities, to
file a storage statement and submit a biennial registration fee
to the State Water Resources Control Board (SWRCB). SWRCB was
then required to use these fees to support the inspection
program. The APSA also required CUPAs to enforce the
requirements of the APSA regarding the SPCCs.
According to the SWRCB, in Fiscal Year 2002-03, due to the
state's fiscal crisis, the funding authority and positions for
the AST inspection program were eliminated from SWRCB's and
regional boards' budgets (Budget Act of 2002-03, Control Section
SB 1147 (Galgiani) Page 4 of ?
31.60). As a result, the SWRCB and the regional boards
discontinued the AST inspection program. The owners and
operators of AST facilities continued to pay the biennial fee
into the Fund, which eventually obtained a balance of
approximately $7.5 million.
AB 1130 (Laird, Chapter 626, Statutes of 2007) transferred the
responsibility for the implementation, enforcement, and
administration of the APSA from the SWRCB and regional boards to
the CUPAs. In addition to other technical changes to the
program, the bill deleted the existing fee structure and in its
place authorized the CUPAs to collect a fee, beginning January 1,
2010, to cover reasonable and necessary program costs.
AB 1566 (Wieckowski, Chapter 532, Statutes of 2012) delegated
state oversight responsibility to the OSFM effective January 1,
2013 and required regulations be adopted for state oversight of
APSA implementation.
According to CAL FIRE, there are currently approximately 14,930
facilities regulated under the APSA requirement.
Comments
Purpose of Bill. According to the author, SB 1147 improves clarity
and consistency to the regulation of aboveground storage tanks by
providing a mechanism for cities and counties to regulate these
tanks on the local level. The author states that recently, there
have been concerns in Kern County where ASTs have been 'red-tagged'
for being out-of-compliance with County standards. Statewide, ASTs
are required to meet UL 142 (the Standard for Safety for Steel
Aboveground Tanks for Flammable and Combustible Liquids as
established by Underwriters Laboratories); however, Kern County has
required tanks to meet more stringent standards and have done so
without adopting a local ordinance. The author asserts that SB 1147
would maintain local regulation and resolve this issue by requiring
cities and counties to adopt an ordinance prior to enforcing AST
standards that are more stringent than state or federal AST
standards.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality
Committee, the do pass motion must include the action to re-refer
the bill to the Senate Rules Committee.
SB 1147 (Galgiani) Page 5 of ?
SOURCE:
California Cotton Growers Association
California Cotton Ginners Association
Western Agricultural Processors Association
SUPPORT:
California Fresh Fruit Association
Milk Producers Council
OPPOSITION:
None received
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