Fueling Facility Owner/Operator UST Update

Regulatory History
As per the state of California, there are approximately two thousand fueling sites across the state equipped with Underground Storage Tanks containing hazardous substances and constructed with Single-Walled Components. These sites, if active, must comply with the design standards provide in California Health and Safety Code (H&SC) Section 25291 no later than the deadline of December 31, 2025 as established by Senate Bill 445.

California Health and Safety Code (H&SC) Section 25291, which governs the design and construction requirements for USTs, contains subsection (7) which provides a compliance exception to sections (1)-(6) for USTs installed before January 1, 1997. However, that exception sunsets December 31, 2025.

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What Does Enforcement Look Like?
Current regulations allow for state agencies to red tag for compliance, and/or fine the owner/operator from $500 to $5,000 per tank, per day, and/or place restrictions on fuel deliveries or dispensing.

Types of Non-Compliant UST Systems

• Single-Walled Tank or Single-Walled Piping
• Double Walled Tank and Single-Walled Piping
• UST systems without secondary containment and a continuous leak detection system.
• USTs incompatible with the substance stored.

What does compliance look like?
To comply with the deadline in Senate Bill #445, owners and/or operators of non-compliant USTs have the options to:

1. Close the tank in-place upon appropriate Agency authorization
2. Remove the tank and associated piping from the site or
3. Remove and replace the tank and associated piping

Financial Assistance and Resources
Information on financial assistance is available via the State Water Board’s Division of Financial Assistance.

California small business UST owners and operators may be eligible for the State Water Board’s Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) grants and loans to assist with regulatory compliance requirements.

• California Waterboards Website
• Contact email: RUST@waterboards.ca.gov
• PDF: Important Notice to Owners/Operators of Single-Walled USTS
• PDF: Fact Sheet from California Water Boards
• Financial Assistance Application Submittal Tool

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