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Who must approve variances from UST construction requirements?

  1. State Water Resources Board

  2. Local agency

  3. Regional Water Quality Control Board

  4. Certified Unified Program Agency

The correct answer is: Regional Water Quality Control Board

The approval of variances from Underground Storage Tank (UST) construction requirements falls under the authority of the Regional Water Quality Control Board (RWQCB). This is because the RWQCB is responsible for implementing and enforcing regulations concerning water quality and protecting the waters of the state, which includes overseeing UST operations and ensuring that any deviations from standard construction practices do not compromise environmental safety and public health. Regional Water Quality Control Boards operate under the State Water Resources Control Board and have the regional jurisdiction to handle issues related to water quality, including the regulation of USTs. When a variance is requested, it is crucial for this oversight body to assess the potential impacts on water resources before granting any exceptions to established construction requirements. This ensures that any alternative methods or materials proposed will not pose a risk to groundwater or surface water quality. In contrast, while the State Water Resources Board establishes overarching policies and regulations, local agencies and Certified Unified Program Agencies may play roles in inspections or local compliance matters, they do not have the authority to approve variances. The critical oversight provided by the RWQCB serves to maintain consistent standards across regions while allowing for adjustments when justified and properly managed.