Cal. Code Regs. tit. 23, § 2650
Monitoring and Response Plan Requirements for Underground Storage Tanks.
Effective Jan 1, 2026Register 2025, No. 44Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25290.1, 25290.2, 25291, 25293 and 25404, Health and Safety Code; and 40 CFR Sections 280.34, 280.41 and 280.45.State of California
- (a) Monitoring Program -- Owners or operators must maintain a monitoring program consisting of a monitoring plan, monitoring site plan, and response plan submitted to and approved by the Unified Program Agency.
(b) Monitoring Plan -- Owners or operators must submit a monitoring plan for approval by the Unified Program Agency which establishes:
- (1) The frequency of performing the monitoring;
- (2) The release detection methods and release detection equipment, identified by name and model, to be used for performing the monitoring;
- (3) The records to be maintained in accordance with section 2613. Owners or operators utilizing remote monitoring must document in the facility's monitoring records when the alarm was received and when a response action was taken;
- (4) The preventive maintenance schedule for the release detection equipment. The maintenance schedule must be in accordance with the manufacturer's written instructions;
- (5) A description of the training necessary for the operation of both the underground storage tank system and the release detection equipment; and
- (6) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the release detection equipment.
(c) Monitoring Site Plan -- Owners or operators must submit a monitoring site plan for approval by the Unified Program Agency. The monitoring site plan must include, but is not limited to, the following:
- (1) A scaled diagram indicating the layout of the tank(s) and piping to the extent known, including containment sumps;
- (2) Locations of all release detection equipment; and
- (3) If applicable, each vacuum, pressure, or hydrostatic interstitial monitoring zone.
(d) Response Plan -- Owners or operators must submit a response plan to the Unified Program Agency which demonstrates, to the satisfaction of the Unified Program Agency, that any unauthorized release will be removed from the secondary containment as soon as practical. This must be within a time consistent with the ability of the secondary containment to contain the hazardous substance but must not exceed 30 days. The response plan must include, but is not limited to, the following:
- (1) 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.
- (2) For methods of monitoring where the presence of the hazardous substance in the interstitial space cannot be determined directly, for example, where liquid level measurements are used as the basis for determination, the response plan must 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 hazardous substance.
- (3) The name(s), title(s) and emergency contact information of the person(s) responsible for authorizing any work necessary under the response plan or, if applicable, identify that there is a continuously staffed emergency operations center authorized to coordinate such a response and provide a 24-hour phone number for that center.
- (e) Owners or operators must submit to the Unified Program Agency a revised monitoring plan, site plan, or response plan within 30 days of any change to the information therein.
- (f) When implementation of the monitoring program or any other condition indicates that an unauthorized release may have occurred, the owner or operator must comply with the requirements of article 7.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25290.1, 25290.2, 25291, 25293 and 25404, Health and Safety Code; and 40 CFR Sections 280.34, 280.41 and 280.45.
History
1. Amendment of article heading, section heading and section 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 and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Repealer and new article 5 heading, section heading and section filed 10-28-2025; operative 1-1-2026 (Register 2025, No. 44).