The Aboveground Petroleum Storage Act (Health & Safety Code Chapter 6.67) covers all non-exempt facilities storing petroleum. 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.
Covered businesses are required to file a storage statement with the Certified Unified Program Agency (Environmental Health) and, with certain exceptions, prepare and implement a Spill Prevention Control and Countermeasure (SPCC) plan in accordance with federal law. The object of the SPCC plan is to prevent discharges of petroleum from causing water pollution.
Tier I Facilities
Facilities must meet the following criteria to be considered APSA Tier I facilities:
- Must have capacity to store no more than 10,000 gallons of oil.
- Must have no single container with a capacity larger than 5,000 gallons.
- Must have no single discharge to navigable waters or adjacent shorelines exceeding 1,000 gallons and no two discharges, each exceeding 42 gallons within any 12-month period in the past three years.
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:
- Must have capacity to store no more than 10,000 gallons of oil.
- Must have a single tank or container with a capacity to store greater than 5,000 gallons.
- Must have no single discharge to navigable waters or adjacent shorelines exceeding 1,000 gallons and no two discharges, each exceeding 42 gallons within any 12-month period in the past three years.
Tier II facilities may use the CalCUPA Forum Board designed template and may self-certify their Plan.
Full-Plan Facilities
Facilities that have the capacity to store more than 10,000 gallons of petroleum-based products above ground are considered to be full-plan facilities. These facilities must develop a full SPCC Plan. The Plan must be certified and stamped by a Professional Engineer and be approved by the facility or corporation management.
Please visit the Office of the State Fire Marshal website for more information on the Aboveground Petroleum Storage Act (APSA) and the U.S. Environmental Protection Agency website for information on SPCC requirements.