Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 2634 - Monitoring and Response Plan Requirements for New Underground Storage Tanks Containing Motor Vehicle Fuel and Constructed Pursuant to Section 2633(a) This section applies only to underground storage tanks containing motor vehicle fuel and which are constructed in accordance with section 2633.(b) Owners or operators of tanks which are constructed pursuant to section 2633 and which contain motor vehicle fuel shall implement a monitoring program approved by the local agency and specified in the tank operating permit.(c) New tanks which contain motor vehicle fuel and which are constructed in accordance with section 2633 shall be monitored as follows: (1) The leak interception and detection system shall be monitored in accordance with subdivision (d) below;(2) On and after October 1, 2018, the motor vehicle fuel tank shall be monitored according to the requirements of section 2643; and(3) All underground piping shall be tested and monitored in accordance with section 2636.(d) Before implementing a monitoring program, the owner or operator shall demonstrate to the satisfaction of the local agency that the program is effective in detecting an unauthorized release from the primary container before it can escape from the leak interception and detection system. A monitoring program for leak interception and detection systems shall meet the following requirements: (1) The system shall detect any unauthorized release of the motor vehicle fuel using either: (A) One or more of the continuous monitoring methods provided in Table 3.2. The system shall be connected to an audible and visual alarm system approved by the local agency; or(B) Manual monitoring. If this method is used, it shall be performed daily, except on weekends and recognized state and/or federal holidays, but no less than once in any 72-hour period. Manual monitoring may be required on a more frequent basis as specified by the local agency.(2) The owner or operator shall prepare 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 to be used for performing the monitoring;(C) The location(s) 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.(3) For methods of monitoring where the presence of the hazardous substance is not determined directly, for example, where liquid level measurements are used as the basis for determination (i.e., liquid level measurements), the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance if the indirect method indicates a possible unauthorized release of motor vehicle fuel.(e) A response plan for an unauthorized release shall be developed before the underground storage tank system is put into service and submitted through the California Environmental Reporting System or a local reporting portal within 30 days after the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of section 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:(1) The volume of the leak interception and detection system in relation to the volume of the primary container;(2) The amount of time the leak interception and detection system shall provide containment in relation to the period of time between detection of an unauthorized release and cleanup of the leaked substance;(3) The depth from the bottom of the leak interception and detection system to the highest anticipated level of ground water;(4) The nature of the unsaturated soils under the leak interception and detection system and their ability to absorb contaminants or to allow movement of contaminants; and(5) The methods and scheduling for removal all of the hazardous substances which may have been discharged from the primary container and are located in the unsaturated soils between the primary container and ground water, including the leak interception and detection system sump.Cal. Code Regs. Tit. 23, § 2634
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 and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(2) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
5. Amendment of subsections (c)(1), (d)(2) and (e) and amendment of NOTE filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
6. Amendment of subsections (c)(1)-(2) and (d)(1)(B) filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35). Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291, 25292 and 25404, Health and Safety Code; and 40 CFR 280.41.
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 History1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(2) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
5. Amendment of subsections (c)(1), (d)(2) and (e) and amendment of Note filed 10-13-2016; operative 1/1/2017 (Register 2016, No. 42).
6. Amendment of subsections (c)(1)-(2) and (d)(1)(B) filed 8-27-2018; operative 10/1/2018 (Register 2018, No. 35).