AB 2902 Summary

• Revises the definition of "aboveground storage tank" to include containers and "tank in an underground area" to include stationary storage tanks, with updated technical specifications for underground area structures and containment requirements.

• Allows owners/operators of tanks in underground areas with less than 1,320 gallons capacity to use a format adopted by the State Fire Marshal for spill prevention plans, and exempts certain tanks (hydraulic fluid systems, heating oil tanks, sumps) from aboveground storage requirements.

• Expands "emergency generator tank system" definition to include systems storing kerosene in addition to diesel fuel for use with emergency, legally required standby, or optional standby systems.

• Authorizes the State Water Resources Control Board (in consultation with local agencies) to affix red tags to noncompliant underground storage tanks, issue violation notices, and directives to empty tanks; prohibits delivery into or operation of tagged tanks except for emptying purposes.

• Modifies permit issuance requirements to prohibit local agencies from issuing permits to facilities with red-tagged tanks or under enforcement action unless violations are corrected, while allowing permits during appeal processes; expands information reporting requirements under penalty of perjury and adds immediate reporting requirements for actual releases of hazardous substances.