The aboveground storage of petroleum statute was adopted in 1989. Assembly Bill 1130 was enacted in 2007, which transferred the responsibility for the implementation, enforcement, and administration of aboveground petroleum storage act program to the CUPAs. The CAL FIRE-Office of the State Fire Marshal (OSFM) is responsible for ensuring the implementation of the Aboveground Petroleum Storage Act (APSA) program element of the CUPAs.
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Who is Regulated?
A tank facility is regulated under APSA if:
- Tank facility has a storage capacity of 1,320 gallons or more of petroleum.
- Tank facility has one or more tanks meeting the definition of a “tank in an underground area”
- Tank facility is subject to the federal SPCC rule specified in the Code of Federal Regulations, Title 40, Part 112
What is Required
Tank facilities pay an annual APSA fee to the Unified Program Agency (UPA) and file an annual tank facility statement or a Hazardous Materials Business Plan electronically into the California Environmental Reporting System (CERS)
Additionally, owner or operators of a tank facility may be required to prepare and implement an SPCC Plan that meets federal requirements. Facilities regulated under the ASPA program will be classified into one of three categories based on the largest container size and the total accumulation quantity stored onsite.
Tier I Facilities
Facilities must meet the following criteria to be considered APSA Tier I facilities:
- A total aboveground oil storage capacity of 10,000 U.S. gallons or less;
- No aboveground oil storage containers with a capacity greater than 5,000 U.S. gallons; and
- No single oil discharge greater than 1,000 gallons, or
- No two discharges greater than 42 gallons within any 12-month period to navigable waters or adjoining shorelines in the three years before the SPCC plan is certified.
Tier I facilities may use the EPA-designed template and may self-certify their Plan.
Tier II Facilities
Facilities must meet the following criteria to be considered APSA Tier II facilities:
- A total aboveground oil storage capacity of 10,000 U.S. gallons or less;
- Any individual aboveground oil container greater than 5,000 gallons
- No single oil discharge greater than 1,000 gallons, or
- No two discharges greater than 42 gallons within any 12-month period to navigable waters or adjoining shorelines in the three years before the SPCC plan is certified.
Tier II facilities may use the CalCUPA Forum Board designed template and may self-certify their Plan.
Full-Plan Facilities
If your facility does not qualify as either a Tier I or Tier II qualified facility, then you must follow the requirements of 40 CFR 112.7 and subparts B or C of the rule, and have the SPCC Plan certified by a PE.
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