Bill Text: CA AB2902 | 2017-2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous substances.
Spectrum: Committee Bill
Status: (Passed) 2018-09-23 - Chaptered by Secretary of State - Chapter 721, Statutes of 2018. [AB2902 Detail]
Download: California-2017-AB2902-Introduced.html
Unified Program Agency, unified program agency, in accordance with the regulations adopted by the office pursuant to Section 25270.4.1. each the owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. Each
An owner or operator specified in this subdivision shall conduct periodic inspections of the storage tank to ensure compliance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, each an owner or operator specified in this subdivision shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. chapter chapter, “pipe” means all parts of any pipeline or system of pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein, but does not include any of the following: material material, or an actual release of a hazardous substance, as defined in Section 374.8 of the Penal Code, to the unified program agency, UPA, and to the office, in accordance with the regulations adopted pursuant to this
section. The handler or an employee, authorized representative, agent, or designee of the handler shall provide all state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler’s facilities.
Bill Title: Hazardous substances.
Spectrum: Committee Bill
Status: (Passed) 2018-09-23 - Chaptered by Secretary of State - Chapter 721, Statutes of 2018. [AB2902 Detail]
Download: California-2017-AB2902-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2902 |
| Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Quirk (Chair), Chen (Vice Chair), Arambula, Brough, Holden, and Muratsuchi) |
February 16, 2018 |
An act to amend Sections 25270.2, 25270.3, 25270.4, 25270.4.5, 25281.5, 25285, and 25510 of the Health and Safety Code, relating to hazardous substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2902, as introduced, Committee on Environmental Safety and Toxic Materials.
Hazardous substances.
(1) 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 is a tank in an underground area, as defined, except for certain types of tanks and vessels. A tank containing hazardous waste or extremely hazardous waste is not regulated pursuant to the act if the Department of Toxic Substances Control has issued a hazardous waste facilities permit for the tank to the person owning or operating the tank. The act defines “tank in an underground area” to mean a storage tank that meets certain specifications and requirements, including that the storage tank is located in a structure that is at least 10%
below the ground surface, as specified.
This bill would revise the definition of “aboveground storage tank” to include a container that meets those same specifications, and would additionally exempt from that definition a tank containing hazardous waste or extremely hazardous waste if the owner or operator of the storage tank has a permit by rule authorization for the tank from the unified program agency. The bill would revise the definition of “tank in an underground area” to mean a stationary storage tank that meets those same specifications and requirements, and would make other revisions to that definition.
The act provides that a tank facility is subject to the act if the tank facility meets one of 3 descriptions, including if it has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting specified conditions. The act requires the owner or operator of a
storage tank at a tank facility subject to the act to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with a specified federal law.
This bill would authorize the owner or operator of a tank in an underground area that meets that description to use the format adopted by the Office of the State Fire Marshal to prepare the spill prevention control and countermeasure plan. The bill would provide that a tank in an underground area that would otherwise be subject to the act because it meets that description is not subject to the act if it holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices, or if it is a heating oil tank.
(2) Existing law defines the term “underground storage tank” for purposes of the provisions regulating the storage of hazardous
substances in underground storage tanks, and excludes certain tanks from that definition. Existing law exempts from the requirements imposed upon underground storage tanks a tank located in a below-grade structure that is connected to an emergency generator tank system and meets specified conditions. Existing law defines the term “emergency generator tank system” for purposes of these provisions to mean an underground storage tank system that provides power supply in the event of a commercial power failure, stores diesel fuel, and is used solely in connection with an emergency system, legally required standby system, or optional standby system.
This bill would expand the term “emergency generator tank system” to additionally include an underground storage tank system that provides power supply in the event of a commercial power failure, stores kerosene, and is used solely in connection with those specified systems.
Existing
law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks that poses an imminent threat to human health or safety or the environment, to affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system to provide notice that delivery of petroleum into the system is prohibited. Existing law prohibits a local agency from issuing or renewing a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with the laws regulating the storage of hazardous substances in underground storage tanks.
This bill would revise the prohibition on issuing or renewing permits to instead prohibit a local agency from issuing or renewing a permit to operate an underground storage tank to a person operating an underground storage tank to which a red tag is currently affixed
or to a facility that is currently subject to an enforcement action, as specified, unless the underlying violations that are the subject of that enforcement action have been corrected.
(3) Existing law requires the immediate report of any release or threatened release of a hazardous material, defined pursuant to the laws regulating the response to the release of hazardous materials, to the unified program agency and to the Office of Emergency Services.
This bill would additionally require the immediate report of an actual release of a hazardous substance, defined pursuant to the laws imposing criminal liability for certain deposits of hazardous substances, as specified. To the extent this provision would increase the duties of unified program agencies, the bill would impose a state-mandated local program.
(4) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 or container that has the capacity to store 55 gallons or more of petroleum 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 owner or operator of the storage tank has a hazardous waste facilities permit from the Department of Toxic Substances Control or a permit by rule authorization from the unified program agency 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” 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”
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” 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) “Petroleum” means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.
(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 petroleum, 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 petroleum 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
stationary 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 petroleum 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 petroleum 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 Division 4.5 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 petroleum 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
clause (i), (ii), or (iii), but meets all of the following conditions:
(I) It contains petroleum.
(II) It is situated on or above the surface of the floor.
(III) The structure in which the storage 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 floor. If the structure in which the tank is located does not provide enough space for direct viewing of the exterior of the tank, the containment
structure shall be monitored to detect a release from the storage tank.
(IV) Except for an emergency vent that is solely designed to relieve excessive internal pressure, 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,
equipment that is designed and constructed to contain petroleum, 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.
Section 25270.3 of the Health and Safety Code is amended to read:25270.3.
A tank facility is subject to this chapter if any of the following apply:(a) The tank facility is subject to the oil pollution prevention regulations specified in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(b) The tank facility has a storage capacity of 1,320 gallons or more of petroleum.
(c) The Except as provided in paragraph (2), the tank facility has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2. If this subdivision is applicable, only tanks meeting
(1) If a tank facility is subject to this chapter only pursuant to this subdivision, only those tanks that meet the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2 shall be included as storage tanks and subject to this chapter.
(2) A tank in an underground area that would otherwise be subject to this chapter only pursuant to this subdivision is not subject to this chapter if either of the following applies:
(A) The tank
holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices.
(B) The tank is a heating oil tank.
SEC. 3.
Section 25270.4 of the Health and Safety Code is amended to read:25270.4.
This chapter shall be implemented by theSEC. 4.
Section 25270.4.5 of the Health and Safety Code is amended to read:25270.4.5.
(a) Except as provided in subdivision (b),(b) A tank facility located on and operated by a farm, nursery, logging site, or construction site is not subject to subdivision (a) if no storage tank at the
location exceeds 20,000 gallons and the cumulative storage capacity of the tank facility does not exceed 100,000 gallons. Unless excluded from the definition of an “aboveground storage tank” in Section 25270.2, the owner or operator of a tank facility exempt pursuant to this subdivision shall take the following actions:
(1) Conduct a daily visual inspection of any storage tank storing petroleum. For purposes of this section, “daily” means every day that contents are added to or withdrawn from the tank, but no less than five days per week. The number of days may be reduced by the number of state or federal holidays that occur during the week if there is no addition to, or withdrawal from, the tank on the holiday. The unified program agency UPA may reduce
the frequency of inspections to not less than once every three days at a tank facility that is exempt pursuant to this section if the tank facility is not staffed on a regular basis, provided that the inspection is performed every day the facility is staffed.
(2) Allow the UPA to conduct a periodic inspection of the tank facility.
(3) If the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks where the secondary containment will, at a minimum, contain the entire contents of the largest tank protected by the secondary containment plus precipitation.
(c) The owner or operator of a tank in an underground
area that is subject to this chapter pursuant to subdivision (c) of Section 25270.3 may use the format adopted by the office to prepare a spill prevention control and countermeasure plan as specified in subdivision (a).
SEC. 5.
Section 25281.5 of the Health and Safety Code is amended to read:25281.5.
(a) Notwithstanding subdivision (m) of Section 25281, for purposes of this(1) An interstate pipeline subject to Part 195
(commencing with Section 195.0) of Subchapter D of Chapter 1 I of Subtitle B of Title 49 of the Code of Federal Regulations.
(2) An intrastate pipeline subject to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code.
(3) Unburied delivery hoses, vapor recovery hoses, and nozzles that are subject to unobstructed visual inspection for leakage.
(4) Vent lines, vapor recovery lines, and fill pipes which are designed to prevent, and do not hold, standing fluid in the pipes or lines.
(b) In addition to the exclusions
specified in subdivision (y) of Section 25281, “underground storage tank” does not include any of the following:
(1) Vent lines, vapor recovery lines, and fill pipes that are designed to prevent, and do not hold, standing fluid in the pipes or lines.
(2) Unburied fuel delivery piping at marinas if the owner or operator conducts daily visual inspections of the piping and maintains a log of inspection results for review by the local agency. The exclusion provided by this paragraph shall not be applicable if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied fuel delivery piping at marinas.
(3) Unburied fuel piping connected to an emergency generator tank system, if the owner or operator conducts visual inspections of the piping each
time the tank system is operated, but no less than monthly, and maintains a log of inspection results for review by the local agency. The exclusion provided by this paragraph does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied fuel supply and return piping connected to emergency generator tank systems.
(c) For purposes of this chapter, “emergency generator tank system” means an underground storage tank system that provides power supply in the event of a commercial power failure, stores diesel fuel,
fuel or kerosene, and is used solely in connection with an emergency system, legally required standby system, or optional standby system, as defined in Articles 700, 701, and 702 of the National Electrical Code of the National Fire Protection Association.
SEC. 6.
Section 25285 of the Health and Safety Code is amended to read:25285.
(a) Except as provided in Section 25285.1, a permit to operate issued by the local agency pursuant to Section 25284 shall be effective for five years. This subdivision does not apply to unified program facility permits.(b) A local agency shall not issue or renew a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with this chapter. to either of the following:
(1) A person operating an underground storage tank while a red tag is affixed in accordance with Section 25292.3.
(2) A facility while that facility is subject to an enforcement action seeking to impose administrative civil liability, civil liability, or criminal liability pursuant to this chapter or any regulation implementing this chapter, unless the underlying violations that are the subject of that enforcement action have been corrected.
(c) Except as provided in Section 25404.5, a local agency shall not issue or renew a permit to operate an underground storage tank to any person who has not paid the fee and surcharge required by Section 25287.
SEC. 7.
Section 25510 of the Health and Safety Code is amended to read:25510.
(a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous(b) Subdivision (a) does not apply to a person engaged in the transportation of a hazardous material on a highway that is subject to, and in compliance with, the requirements of Sections 2453 and 23112.5 of the Vehicle Code.
(c) On or before January 1, 2016, the office shall adopt regulations to implement this section. In developing these regulations, the office shall closely consult with representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including unified program agencies, and other interested parties.
(d) The unified program agency UPA shall maintain one or more nonemergency contact numbers for release reports that do not require immediate agency response. The unified program agency UPA
shall promptly communicate changes to this information to regulated facilities and to the office.
