State Water Board adopts rewrite of underground storage tank regulations; staff to post guidance and outreach planned
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Summary
The board unanimously adopted a comprehensive rewrite of Chapter 16 (Title 23) UST regulations to modernize language, phase out outdated equipment, require interstitial piping monitoring and streamline oversight; staff said outreach and webinars will follow.
The State Water Resources Control Board on Sept. 3 adopted a comprehensive rewrite of underground storage tank (UST) regulations in Chapter 16, Title 23, with the rulemaking intended to modernize structure, remove references to single‑wall USTs (prohibited by law), allow flexibility for emerging technologies, and require periodic interstitial monitoring for secondary containment systems.
Tom Henderson, manager of the UST leak prevention unit, said the rewrite reorganizes decades of incremental amendments into a clearer structure and aligns the regulation with an impending single‑wall UST closure mandated by the Health and Safety Code. Henderson said the rewrite will eliminate prescriptive test and construction methods in favor of outcome‑based standards, phase out mechanical float‑trip dispenser devices as they fail, and define abandoned USTs so authorities can inspect and close sites more promptly.
Austin Lemire Baden, project manager for the rulemaking, described stakeholder outreach beginning in 2022—workshops, multilingual webinars, statewide presentations—and said the formal notice and comment process included a 45‑day public comment period plus a 15‑day follow up. The proposed rulemaking included an extended compliance date requested by industry for some tie‑down (tank anchoring) requirements; staff said the adopted regulatory language sets the compliance date for specific anchoring requirements as Jan. 1, 2027, to allow owners and operators time to comply.
Board action: A board member moved to adopt the resolution and a second was recorded. A roll‑call vote was called; the board recorded unanimous approval (Aye votes from Vice Chair D'Adamo, Board Members Firestone, McGuire, Morgan and Chair Esquivel). The board recorded the vote as unanimous and staff said they will submit the regulation package to the Office of Administrative Law with an intended effective date of Jan. 1, 2026 for the new chapter (with some compliance timelines staged as noted).
Why it matters: UST regulations govern construction, monitoring, remediation and enforcement for petroleum and hazardous‑substance tanks statewide. The rewrite aims to reduce confusion, adopt more reliable monitoring technology, clarify roles between unified program agencies and cleanup oversight agencies, and automate site remediation tracking through a GeoTracker portal.
Implementation and outreach: Staff said they will publish guidance documents in multiple languages and host webinars starting in late October or November to help owners, operators and contractors understand new requirements. Staff also noted that tie‑down/anchoring requirements and phase‑out of certain mechanical dispenser trips will be implemented as equipment fails or per the staged timelines in the adopted rule.
Ending: The board praised staff for the rewrite and directed staff to continue outreach; the board recorded the rule adoption vote as unanimous.
