APSA - Environmental Management Department, Sacramento County

Aboveground Petroleum
Storage Act (APSA)
California Health & Safety Code,
Chapter 6.67, §25270

Presentation Overview
•APSA Provisions
•Applicability
•Exemptions
•Requirements of APSA
•Definitions
•SPCC Rule Overview
•Types of Facilities
•Compliance Dates
•What Does This Mean
For You
•Fees
•Additional Information

Major APSA Provisions
• Establishes the California Aboveground
Petroleum Storage Act (APSA) – passed October
2007, became effective on January 1, 2008.
• Provides definitions for AST, petroleum, storage
capacity, etc.
• Defines applicability and exemptions for tank
facilities.

Major APSA Provisions
• Transfers the authority and responsibility of the
APSA from the SWRCB and RWQCB to the
CUPAs.
• Requires owner/operator of a regulated tank
facility to prepare and implement a Spill
Prevention Control & Countermeasure (SPCC)
Plan.
• Requires the CUPAs to conduct inspections at
regulated tank facilities with an aggregate
storage capacity ≥10,000 gallons of petroleum at
least every 3 years.

Major APSA Provisions
• Requires the CUPA inspectors to obtain
training/certification.
• Establishes civil penalties
–

Who is Subject to APSA
• A tank facility is subject to APSA if:
– The tank(s) ) contain petroleum.
– The tank facility has a storage capacity of
1,320 gallons or more of petroleum.

Who is Exempt
• Farms, nurseries, logging and construction sites
are NOT required to prepare and implement an
SPCC Plan IF:
– No storage tank exceeds 20,000 gallons
AND
– The cumulative storage capacity does not
exceed 100,000 gallons.

Who is Exempt
• Exempt facilities are still regulated under APSA
and required to:
– Submit a Tank Facility Statement.
– Submit fees annually.
– Conduct daily visual inspections.
– Allow the CUPA to conduct periodic
inspections.

What is Excluded
• Most oil-filled electrical equipment (transformers,
circuit breakers, capacitors, etc.) are excluded:
– 10,000 gallons of dielectric fluid per piece of
equipment:
• PCB concentration

Requirements of APSA
• SPCC Plan
– Prepare an SPCC Plan in accordance with U.S.
Code of Federal Regulations Title 40, Part 112
(40CFR112).
– Conduct periodic self inspections (inspections,
tests, and records).
– Implement SPCC Plan in compliance with
40CFR112.

Requirements of APSA
• Tank Facility Statement
– Annual submittal of a tank facility statement
– Form available online – www.emd.saccounty.net

Requirements of APSA
• Spill Reporting
– Owner/operator of tank facility.
– Immediately report, upon discovery.
– 42 gallons or more of petroleum.
– Governor’s s Office of Emergency Services (OES) and
the CUPA.

What is an AST
• “…a a tank that has the capacity to store 55
gallons or more of petroleum and that is
substantially or totally above the surface of the
ground” (HSC 25270.2(a)).

What is Petroleum
• Crude oil (or a fraction thereof);
• Liquid state at 60°F;
• Normal atmospheric pressure at sea level (14.7
pounds per square inch).

•Examples include:
– Petroleum-based fuels
(automotive, heating, etc.)
What is Petroleum
– Biofuels if they contain any
percentage of petroleum
(E85, B20, etc.)
– Gasoline
– Petroleum-based
lubricating oils and
greases (including waste
oils)
– Oil-based paints,
coatings, thinners and
solvents
– Petroleum distillates
– Petroleum- or petroleum-
based additives
(including ink, paint, etc.
additives)
– Petroleum solvents
– Crude oil

What isn’t t Petroleum
Fuels which are not liquid at 60°F F at normal
atmospheric pressure are not considered
“petroleum” under APSA.
Examples include:
• Propane
• Liquid Natural Gas

What isn’t t Petroleum
100% vegetable or plant-based fuels unless
the fuel or liquid contains ANY concentration
of petroleum.
Examples include:
• B100 biodiesel
• Corn ethanol

What is a tank facility
• Any one, or combination of,
aboveground storage tanks,
including piping that is
integral to the tank;
• Contains petroleum;
• Used by a single business
entity at a single location or
site.

SPCC Rule Overview
• Code of Federal Regulations, Title 40 Part 112
• Requirements help prevent oil discharges to
navigable waters or adjoining shorelines.
• SPCC Plan should describe equipment,
workforce, procedures, and training to prevent,
control, and provide adequate countermeasures
to a discharge of oil.

Types of Facilities
• Qualified
– Tier I
– Tier II
• Non-qualified (all other facilities)

Tier I
Qualified Facilities
Tier II
•≤10,000 gallon aggregate aboveground oil storage capacity; and
•Within any twelve-month period, three years prior to the Plan certification date, or since
becoming subject to the SPCC rule if in operation for less than three years, there has
been: (1) No single discharge of oil to navigable waters or adjoining shorelines exceeding
1,000 U.S. gallons; and (2) No two discharges of oil to navigable e waters or adjoining
shorelines each exceeding 42 U.S. gallons; and
•No individual aboveground oil
containers greater
than 5,000 U.S. gallons;
•Then: Complete and self-certify Plan
template (Appendix G to 40 CFR part
112) in lieu of a full PE-certified Plan.
•Has individual aboveground oil containers
greater than 5,000 U.S. gallons; or Owner or
operator eligible for Tier I qualified facility
status, but decides not to take the option or
chooses to develop a ‘‘hybrid
hybrid’’
Plan;
•Then: Prepare self-certified Plan in accordance
with all applicable requirements of § 112.7 and
subparts B and C of the rule, in lieu of a PE-
certified Plan.

Non-Qualified (All Other Facilities)
• More than 10,000 U.S. gallons aggregate aboveground oil storage capacity, or
• Within any twelve-month period, three years prior to the Plan certification date, or
since becoming subject to the SPCC rule if in operation for less than three years,
there has been:
(1) A single discharge of oil to navigable waters or adjoining shorelines s
exceeding
1,000 U.S. gallons; or
(2) Two discharges of oil to navigable waters or adjoining shorelines each exceeding 42
U.S. gallons; or
• Owner or operator eligible for qualified facility status, but decides not to take the
option
• Then: Prepare PE-certified Plan in accordance with all applicable requirements of
§ 112.7 and subparts B and C.

Compliance Dates
A facility starting operation…
Must…
On or before August 16, 2002
After August 16, 2002 through
November 10, 2010
After November 10, 2010
• Maintain its existing SPCC Plan
• Amend and implement the
SPCC Plan no later than
November 10, 2010.
• Prepare and implement the
SPCC Plan no later than
November 10, 2010.
• Prepare and implement a SPCC
Plan before beginning
operations.

What Does This Mean for You
• Prepare an SPCC Plan in accordance 40CFR112.
• Conduct periodic inspections (inspections, test,
and records).
• Implement the SPCC Plan.

What Does This Mean for You
• CUPA inspection at least once every three years
tank facilities that have a storage capacity of
10,000 gallons or more of petroleum.
• The purpose of the inspection is to determine
whether the owner/operator is in compliance
with the SPCC Plan Requirements of APSA.

What Does This Mean for You
• Facilities ≥10,000 gallons
– Submit a Tank Facility Statement annually.
• Facilities

Potential APSA Violations
• Failure to prepare and implement an SPCC Plan
• Failure to file a tank facility statement
• Failure to submit required annual fee (beginning
2010)
• Violations subject to fines & penalties

Fees
• Each year, commencing in calendar year 2010,
each owner/operator of a tank facility subject to
the requirements of subdivision 25270.6(a) shall
pay a fee to the CUPA, on or before a date
specified by the CUPA.
• EMD will conduct fee workshops in the near
future.

Contact Information
Environmental Management Department
Phone: (916) 875-8550
8550
Supervisor – Anthony Chu
(916) 875-8405
8405
EMD Website: www.emd.saccounty.net