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LG 165 - 2 - July 14, 2004 Therefore, a storage tank is an UST if at least 10% of the system volume is beneath the surface of the ground, regardless of whether it is located in a containment structure beneath the surface of the ground or enclosed below earthen materials.2 4. If an UST is located in a containment structure beneath the surface of the ground, is it exempt from the requirements set forth in Chapter 6.7 of the H&S Code and Chapter 16 of Title 23, of the CCR? An UST may be exempt from the requirements set forth in Chapter 6.7 of the H&S Code and Chapter 16 of Title 23, of the CCR, if the UST meets all of the following criteria: (1) all exterior surfaces of the tank, including pipings, and the floor directly beneath the tank, can be monitored by direct viewing 3; (2) the structure in which the tank is located is constructed in such a manner that the structure provides for secondary containment of the contents of the tank; (3) the owner or operator conducts weekly inspections of the tank and maintains a log of the inspection results for review by the local agency; and (4) the local agency determines without objection from the Board that the UST meets requirements that are equal to or more stringent than those imposed by Chapter 6.7 of the H&S Code4. [H&S Code, §25283.5.] USTs that meet the exemption criteria of Chapter 6.7 of the H&S Code, but which are issued an operating permit by the local agency under separate authority, qualify for an exemption from the UST maintenance fee collected by the Board of Equalization (BOE). [H&S Code, §25283.5, 25284, 25299.41.] Owners of exempt USTs issued an operating permit may submit a request to the BOE to verify that they are exempt from the UST maintenance fee. This request must include written documentation from the local agency confirming that the UST meets the exemption criteria of Chapter 6.7 of the H&S Code and the reason why an operating permit was issued (e.g., inspection purposes). Requests can be submitted to the Board of Equalization, Fuel Industry Section, P. O. Box 942879, Sacramento, CA 942795. 2 Please note that pursuant to the H&S Code and Chapter 16 of Title 23, of the CCR, the definition of an UST and UST system pertain to regulation of the storage of a hazardous substance. For vapor recovery requirements that may pertain to storage tanks located in structures beneath the surface of the ground, please call Ms. Stephanie Connelly of the California Air Resources Board at (916) 445-9308. 3 To meet the direct viewing visual inspection requirement, the UST must provide an unobstructed view of ALL surfaces. Certain local agencies may allow direct viewing to be accomplished with the use of visual aids (e.g., video camera or mirror). Please note that direct viewing may raise health and safety concerns, such as confined space entry requirements. If appropriate, please consult your health and safety officer. 4 For USTs in containment structures located beneath the surface of the ground, we are not aware of any design, construction, and monitoring methods that are equal to or more stringent than the requirements for USTs installed on or after July 1, 2003. Therefore, we are not aware of any USTs installed on or after July 1, 2003 that would qualify USTs for this exemption. 5 For more information on the UST maintenance fee, please call the BOE, Fuel Taxes Division, at (916) 322-9669. California Environmental Protection Agency Recycled Paper