Cal. Code Regs. tit. 23 § 2632

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 2632 - Monitoring and Response Plan Requirements for New Underground Storage Tanks Constructed Pursuant to Section 2631
(a) This section is applicable only to underground storage tanks constructed pursuant to the requirements of section 2631.
(b) Owners or operators of underground storage tanks subject to this section shall implement a monitoring program approved by the local agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subdivision (c) and shall include the items listed in subdivision (d).
(c) Monitoring of the interstitial space shall include either visual monitoring of the primary containment system as described in subdivision (c)(1) or one or more of the methods listed in subdivision (c)(2).
(1) A visual monitoring program shall incorporate all of the following:
(A) All exterior surfaces of the underground storage tanks and the surface of the floor directly beneath the underground storage tanks shall be capable of being monitored by direct viewing.
(B) Visual inspections shall be performed daily, except on weekends and recognized state and/or federal holidays. Inspections may be more frequent if required by the local agency or the local agency may reduce the frequency of visual monitoring at facilities where personnel are not normally present and inputs to and withdrawals from the underground storage tanks are very infrequent. In these instances, visual inspection shall be made weekly. The inspection schedule shall take into account the minimum anticipated time during which the secondary containment system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections will occur on a routine basis when the liquid level in the tanks is at its highest. The inspection frequency shall be such that any unauthorized release will remain observable on the exterior of or the surface immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable shall consider the volatility of the hazardous substance and the porosity and slope of the surface immediately beneath the tanks.
(C) The liquid level in the tank shall be recorded at the time of each inspection.
(D) If any liquid is observed around or beneath the primary containment system, the owner or operator shall, if necessary, have the liquid analyzed in the field using a method approved by the local agency or in a laboratory to determine if an unauthorized release has occurred. The owner or operator shall have a tank integrity test conducted, if necessary, to determine whether the primary containment system is leaking. If a leak is confirmed, the owner or operator shall comply with the applicable provisions of Article 5, Article 6, and Article 7.
(2) A monitoring program which relies on the mechanical or electronic detection of the hazardous substance in the interstitial space shall include one or more of the methods in Table 3.2. The following requirements shall apply when appropriate:
(A) The interstitial space of the tank shall be monitored using a continuous monitoring system which meets the requirements of section 2643(f).
(B) The continuous monitoring system shall be connected to an audible and visual alarm system approved by the local agency.
(C) For methods of monitoring where the presence of the hazardous substance is not determined directly, for example, where liquid level measurements in the interstitial space are used as the basis for determination, the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance in the interstitial space if the indirect methods indicate a possible unauthorized release.
(d) All monitoring programs shall include the following:
(1) A procedure for monitoring submitted through the "UST Tank Information/Monitoring Plan" submittal element in the California Environmental Reporting System or a local reporting portal, which establishes:
(A) The frequency of performing the monitoring;
(B) The methods and equipment, identified by name and model, to be used for performing the monitoring;
(C) The location(s), as identified on a plot plan, where the monitoring will be performed;
(D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment;
(E) The reporting format;
(F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be in accordance with the manufacturer's instructions, and;
(G) A description of the training necessary for the operation of both the tank system and the monitoring equipment.
(2) A response plan submitted through the California Environmental Reporting System or a local reporting portal which demonstrates, to the satisfaction of the local agency, that any unauthorized release will be removed from the secondary containment system within the time consistent with the ability of the secondary containment system to contain the hazardous substance, but not more than 30 calendar days or a longer period of time as approved by the local agency. The response plan shall include, but is not limited to, the following:
(A) A description of the proposed methods and equipment to be used for removing and properly disposing of any hazardous substances, including the location and availability of the required equipment if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site.
(B) The name(s) and title(s) of the person(s) responsible for authorizing any work necessary under the response plan.
(e) When implementation of a monitoring program or any other condition indicates that an unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 5. If the release came from the tank system, the owner or operator shall replace, repair, or close the tank in accordance with Articles 3, 6, or 7, respectively.

Table 3.2

Methods of Monitoring for Hazardous

Substances in the Interstitial Space of an Underground Storage Tank System

Methods of Monitoring

Condition of the Secondary System[1]

Type of Substance Stored

Liquid Level Indicator[2]

Hazardous Substance Sensor[3]

Vapor Monitor

Pressure of Vacuum Loss Detector[4]

DryVolatileXXXX
DryNonvolatileXXX
WetVolatileXXX
WetNonvolatileXXX
__________
[1] A "dry" system does not contain liquid within the secondary containment during normal operating conditions while a "wet" system does.
[2] Includes continuously operated mechanical or electronic devices.
[3] Includes either qualitative or quantitative determinations of the presence of the hazardous substance.
[4] Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment.

Cal. Code Regs. Tit. 23, § 2632

1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in HISTORY 1 (Register 92, No. 43).
3. Amendment of section heading, text and table 3.2 filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(1) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
5. Amendment of subsections (b)-(c), (d)(1) and (d)(2) and amendment of NOTE filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291 and 25404, Health and Safety Code; and 40 CFR 280.43.

1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and table 3.2 filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(1) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
5. Amendment of subsections (b)-(c), (d)(1) and (d)(2) and amendment of Note filed 10-13-2016; operative 1/1/2017 (Register 2016, No. 42).