CUPA Connection - Keeping Businesses Connected With Changes in Hazardous Waste and Hazardous Materials Programs

Volume 17 Number 2, July 2004

In This Issue


New Requirements for USTs
USTs Installed on or after July 1, 2004

After a one-year delay due to AB 1702, the continuous vapor/ liquid monitoring requirement for the installation of underground storage tanks will be in effect for all systems installed on or after July 1, 2004. Continuous vapor/liquid monitoring equipment must be third party approved prior to installation.

Existing USTs
Automatic line leak detectors are required on all secondarily contained pressurized piping by November 8, 2004. Secondarily contained pressurized piping connected to an emergency generator tank is exempt from the installation of leak detectors, as long as the turbine sump sensor activates an audible/visual alarm in the event of a leak or malfunction, a log of daily visual checks is maintained and an annual pipeline integrity test is conducted.

In addition, an annual pipeline integrity test is not required for secondarily contained pressurized piping if both of the following conditions are met: The monitoring system shuts down the turbine pump or stops the flow of product at the dispenser when a leak is detected in the under dispenser containment, and; The monitoring system for all product piping other than that contained in the under dispenser containment is fail-safe, and shuts down the turbine pump when a leak is detected.

Training Requirement Deadline is Approaching
Recently finalized training regulations require all UST owners, by January 1, 2005, to:

Designate a UST Operator who will be responsible for performing and documenting monthly visual compliance checks of the UST system and for training facility employees;

Submit a signed statement to the local agency (CUPA) identifying the designated UST operator(s) in charge of their facility. The signed statement must attest to the fact that the owner understand and is in compliance with all regulatory and statutory requirements. A sample of a signed statement will be available on the CUPA’s website in the near future:
http://www.ochealthinfo.com/regulatory/cupa/ust.htm

Designated UST operators must obtain a current certificate from the International Code Council (ICC), an independent non-profit organization by January 1, 2005. The Orange County CUPA is requiring a copy of the ICC certificate to be attached to the signed statement which is previously referenced..

By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) must train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. Orange County CUPA inspectors will be requesting documentation of facility employee training at routine UST inspections beginning July 1, 2005.

A complete text of the finalized regulations is available online at:

http://www.swrcb.ca.gov/ust/train-ing/new_trng_reqmts.html



CUPA Consolidated Billing Update: Important Changes for 2005
The Orange County Certified Unified Program Agency (OC CUPA) along with its ten Participating Agencies (PA) will be transitioning from a calendar year billing cycle to a fiscal year billing cycle beginning in 2005 in an effort to better coordinate our financial activities with the regulated business community. We are hoping that early notification of this change will help you prepare for any impacts to your business.

What this means to you as a regulated business: Since 2002, a CUPA regulated business has received a bill that incorporates the fees from five regulatory programs and the State Service Charges. The five programs are: Hazardous Waste, Tiered Permitting, Hazardous Materials Disclo-sure/Inventory, California Accidental Release Prevention Plan (CalARP), and Underground Storage Tank.

In 2005, a CUPA regulated business will receive two consolidated bills which will cover an 18-month timeframe. The first bill will arrive in January and will cover the time period of January to June 2005.

The first bill will be 50% of the standard fee to reflect the six months. Then in July, a business will begin to receive the new annual consolidated bill covering the time period of July 2005 to June 2006.

In 2006 and every year after, a business will receive the consolidated bill in July.

Please contact CUPA staff at (714) 667-3600 if you have questions or need more information.



Fuel Filter Update: New Legislation
Proposed legislation AB2254 defines the term “used oil filter” as a filter that contains a residue of used oil, gasoline, or diesel fuel and that is exempt from regulation as a hazardous waste under a specified regulation of the federal Resource Conservation and Recovery Act of 1976 (RCRA). The bill is intended to encourage the recycling of metal filters, promote cost reduction for businesses, and improve the enforcement of rules governing the disposal of filters, since filters would no longer have to be treated as hazardous waste.
 


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