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LG 165 -3 - July 14, 2004 5. Can an UST that is exempt from the requirements set forth in Chapter 6.7 of the H&S Code and Chapter 16 of Title 23, of the CCR, be regulated as an AST under the Aboveground Petroleum Storage Act (APSA), Chapter 6.67 of the H&S Code? No. An UST that is exempt from the requirements set forth in Chapter 6.7 of the H&S Code is still by definition an "underground storage tank" and thus would not be subject to regulation as an AST under APSA, Chapter 6.67 of the H&S Code. 6. Can an UST (either regulated or exempt) be regulated as an AST by the United States Environmental Protection Agency (U. S. EPA), the California Air Resources Board (ARB), or a local fire authority? Yes. A storage tank that is defined as an UST in Chapter 6.7 of the H&S Code could be regulated as an aboveground storage container by the U. S. EPA and may be required to have an Spill Prevention, Control, and Countermeasure (SPCC) Plan (40 Code of Federal Regulations 112)6. These tanks could also be regulated as an AST by the California Air Resources Board for the purpose of vapor recovery requirements (Chapter 3 of the H&S Code). Additionally, it is possible that a storage tank that is defined as an UST in Chapter 6.7 of the H&S Code could be regulated as an AST by local fire authorities for the purpose of fire safety codes (e.g., California or Uniform Fire Code). 7. What should be done if a storage tank is currently registered and/or regulated under APSA when it is really an UST as defined in the H&S Code and Chapter 16 of Title 23, of the CCR? The local agency should contact the owner of the facility and require that the owner appropriately register the storage tank as an UST. Storage tank owners who need assistance in determining whether a storage tank is an UST or an AST should contact their UST local agency (enclosed is a list of UST local agencies). If a storage tank that is registered with the State Water Resources Control Board AST Program is found to be an UST, please notify Mr. David Ceccarelli by email at ceccerad(ir�swrcb.ca.gov or by phone at (916) 341-5671 of the change in program status. If you have questions regarding this letter, please call Ms. Laura Chaddock at (916) 341-5870. Sincerely, [Original signed by] Elizabeth L. Haven, Manager Underground Storage Tank Program Enclosure a For more information on SPCC requirements, please call Mr. Pete Reich with U. S. EPA at (415) 972-3052. California Environmental Protection Agency (5 Receded Paper