Assembly Bill 1130 (Laird) Summary
The bill transferred responsibility for the implementation, enforcement, and administration of the Aboveground Petroleum Storage Act (APSA) from the State Water Resources Control Board (SWRCB) to the Certified Unified Program Agencies (CUPAs). The bill also makes conforming changes to ensure consistency with the federal Spill Prevention Control and Countermeasure (SPCC) rule provided in the U.S. Code of Federal Regulations, Title 40, Part 112 (40CFR112).
The APSA program applies to any facility that stores in aboveground tanks or containers, petroleum oil equal to or greater than an aggregate quantity of 1,320 gallons. Petroleum oil includes petroleum-derived products such as distillates, paints, thinners or solvents that contain petroleum. Excluded are non-petroleum oils, such as animal or vegetable based oils; and petroleum products that are not liquid at 60 degrees Fahrenheit and 14.7 psi absolute pressure, such as waxes. Exempted tanks include boiler and pressure vessels, any tank regulated as an underground storage tank and most oil-filled electrical equipment (OFEE), if the OFEE contains less than 10,000 gallons of oil or ≥ 10,000 gallons with less than 50 ppm of PCBs.
What is a "tank" under APSA?
Any tank or container that has a volume of 55 gallons or greater of petroleum oil, that is wholly or partially above the ground, or in a vault or basement and not an underground storage tank. The capacity of the “tank” is counted, not the volume to which it is filled for operational purposes. The definition of a “tank” includes 55 gallon drums, totes (intermediate bulk containers), flexible membrane containers, rail cars and tanker trucks not in transportation, and typical aboveground storage tanks (ASTs), such as new oil tanks at a vehicle dealership or a used oil tank at a fleet service center. It includes both new and used material. It also includes some non-exempt oil-filled electrical equipment (OFEE), oil-filled operational equipment (OFOE) and oil-filled manufacturing equipment (OFME). Examples are a 100 gallon lube oil tank supporting a steam boiler or a 60 gallon cutting oil reservoir supporting a milling machine or an 80 gallon hydraulic oil tank for a lifting jack system. It does not include fuel tanks on vehicles used for supplying fuel to the motor or storage tanks in transportation under the jurisdiction of the Department of Transportation. It does include OFOE such as a hydraulic reservoir on a crane or vehicle and other mobile tanks when it is in storage at the facility yard and not on a job site.
To determine if you are subject to APSA: 1) Identify all the petroleum ”tanks” at your facility; 2) Determine the aggregate storage capacity of the “tanks”. If the total ≥ 1320 gallons you are subject to APSA.
What must my facility do to comply with APSA?
1) File an annual tank facility statement with the CUPA (City of San Leandro Environmental Services Section). An HMBP should be submitted in lieu of the statement;
2) Prepare and implement a Spill Prevention, Control & Countermeasure (SPCC) plan in conformance with U.S. Code of Federal Regulations, Title 40, Part 112 (40CFR112). An “existing” facility (subject to SPCC rule before August 17, 2002) must maintain their current plan and revise the plan to incorporate the 2002-2007 amendments by November 10, 2011. “New” facilities (subject to SPCC rule after August 16, 2002) must prepare and implement an SPCC plan by November 10, 2011.
A Tier I Qualified Facility (storing less than 10,000 gallons and no single tank greater than 5,000 gallons) may download and use the following plan template in lieu of preparing a full SPCC plan.
Tier 1 Plan Template.pdf or Tier 1 Plan Template.doc
A Tier II Qualified Facility (storing less than 10,000 gallons and has single/individual tanks greater than 5,000 gallons) may download and use the following plan template in lieu of preparing a full SPCC plan.
Tier II Plan Template.pdf
3) Immediately report, upon discovery, to the California Emergency Management Agency (formerly OES) and the CUPA, the occurrence of a release of 42 gallons or more of petroleum (note that a release of any amount is reportable to the CUPA).
How will the CUPA (City) implement this program?
APSA inspection activities generally will be incorporated into your facility’s routine CUPA inspections. If you have questions or require further information contact Environmental Services at 510-577-3401.
More information is also available at Cal EPA’s web site: http://www.calepa.ca.gov/CUPA/Aboveground/