SB 746

This bill makes changes involving the Department of Agriculture, Trade and

Consumer Protection's regulation of petroleum products and the storage of

dangerous substances. Under current law, DATCP regulates and promulgates rules

addressing the installation, maintenance, and abandonment of storage tanks that

contain flammable or combustible liquids or federally regulated hazardous

substances. Current law also authorizes DATCP to make inspections and conduct

investigations involving petroleum products.

The bill does the following involving petroleum products and storage of

dangerous substances:

1. Changes the definition of “combustible liquid,” thereby changing which

substances are subject to DATCP regulation. Current law defines “combustible

liquid” as a liquid having a flash point at or above 100 degrees Fahrenheit and below

200 degrees Fahrenheit. Under the bill, “combustible liquid” is defined as a liquid

having a flash point at or above 100 degrees Fahrenheit and below 200 degrees

Fahrenheit when stored in a tank that is installed above ground level or, for liquids

stored in an underground storage tank, having a flash point at or above 100 degrees

Fahrenheit.

2. Changes a current law exemption for certain aboveground storage tanks

from regulation by DATCP. Current law exempts aboveground storage tanks that

have a capacity of less than 5,000 gallons from regulation by DATCP. The bill

provides, instead, that an aboveground storage tank that is used to contain a liquid

that is flammable or combustible or that is a hazardous substance is exempt from

regulation by DATCP if 1) it has a capacity of less than 110 gallons; 2) it has a capacity

of less that 1,100 gallons and is installed at a fleet vehicle motor fuel dispensing

facility or is used to store certain types of liquids; 3) is a portable tank; or 4) is an

asphalt plant tank.

3. Requires DATCP to maintain an inventory of storage tanks used to contain

regulated products. The bill requires the inventory to include every aboveground

storage tank with a capacity of at least 110 gallons and every underground storage

tank with a capacity of at least 60 gallons. The bill defines a “regulated product” as

a liquid that is a substance derived from petroleum, natural gas, or asphalt deposits

or a liquid that is a federally regulated hazardous substance or regulated by certain

other federal regulations. Current law requires DATCP to maintain an inventory of

every aboveground and underground storage tank that is used to contain a

petroleum product and that has a capacity of at least 60 gallons.

4. Authorizes DATCP to promulgate rules to require the certification or

registration of persons who design, install, test, or maintain corrosion prevention

systems on storage tanks used to contain flammable or combustible liquids or

hazardous substances.

5. Authorizes DATCP to establish fees by rule for fuel quality inspections and