Above Ground Petroleum Storage (APSA)

The aboveground storage of petroleum statute was originally adopted in California in 1989 and overseen by the State Water Resources Control Board. Through Assembly Bill 1130 in 2007 and Assembly Bill 1566 in 2012, oversight was transferred to the Office of the State Fire Marshal (“CAL FIRE”) and implementation was transferred to the Unified Program Agencies. The City of San Leandro Environmental Services Section is the Certified Unified Program Agency (CUPA) for incorporated San Leandro.

Applicability

APSA applies to facilities subject to 40 CFR Part 112, facilities with aggregate aboveground petroleum storage capacity of 1,320 gallons or more, and facilities with a storage capacity less than 1,320 gallons that have one or more tanks in an underground area (TIUGA) meeting the conditions specified in California Health and Safety Code (HSC) §25270.2(o)(1). Aggregate capacity includes aboveground petroleum storage containers (“tanks”) with a rated design capacity of 55 gallons or more. “Petroleum” means crude oil, or a fraction thereof, that is liquid at 60° Fahrenheit and 14.7 pounds per square inch absolute pressure and includes both new and used material and waste. Examples of petroleum include lubricating oil, used oil, petroleum solvents, cutting and metalworking fluids containing petroleum, inks and coatings containing petroleum, diesel, biodiesel that includes petroleum, gasoline, and sludges. Although APSA does not regulate non-petroleum oils, the federal Spill Prevention and Countermeasure (SPCC) rule does. All regulated facilities must meet the federal SPCC rule requirements.

A tank facility that is located on and operated by a farm, nursery, logging site or construction site is exempt from the APSA requirement to prepare and implement an SPCC Plan if it meets the conditions in HSC Section 25270.4.5(b).  While conditionally exempt from the APSA requirement to prepare and implement an SPCC Plan, the facility owner or operator is still subject to UPA fees, APSA State surcharge, and tank facility statement or hazardous materials business plan submission.  Note: Although a tank facility may not be required to prepare and implement an SPCC Plan under APSA, the facility may still be required under the SPCC rule to prepare an SPCC Plan 

What is a "tank" under APSA?

A tank subject to APSA is a bulk container with the capacity to store 55 gallons or more of petroleum, is substantially or totally above the surface of the ground, and includes tanks in underground areas. The capacity of the tank is counted, not the volume to which it is filled.

“Tanks” include 55-gallon drums, intermediate bulk containers (“totes”), flexible membrane containers, rail cars and tank trucks not in transportation, and reservoirs of some oil-filled equipment. While APSA does not apply to petroleum in transportation, mobile tanks are subject to APSA when not in transportation. The definition and the types of tanks, equipment, and facilities that are excluded from the definition (and are therefore excluded from the regulation) are specified in California Health and Safety Code §25270.2.

What must my facility do to comply with APSA?

1. Facilities with greater than 10,000 gallons of oil (including APSA  petroleum) must prepare an SPCC plan in conformance with 40 CFR Part 112.3, reviewed and certified by a licensed Professional Engineer.  [Note: When determining applicability to the Federal SPCC Rule, petroleum oil, non-petroleum oil. and APSA-exempt tanks (e.g. certain oil-filled electrical equipment) must be included in determining the 10,000 gallon threshold].  The  CUPA verifies compliance relative to SPCC Plan implementation for the tanks, containers, or equipment that contain APSA regulated petroleum products.
2. Facilities with 10,000 gallons or fewer that have a tank with a capacity greater than 5,000 gallons and meet specified conditions may prepare a self-certified SPCC plan utilizing a Tier II template. 
3. Facilities with 10,000 gallons or fewer and no tank with a capacity greater than 5,000 gallons and meet specified conditions may prepare a self-certified SPCC plan utilizing a Tier I template. 
4. Facilities with less than 1,320 gallons petroleum capacity in tank(s) located in an underground area (TIUGA) must complete an SPCC Tier 1 template.   For more information, refer to the OSFM Guide to Tanks in an Underground Area.
5. File an annual tank facility statement with the CUPA. This requirement is met by submitting a Hazardous Materials Business Plan (HMBP) inventory to the CUPA through the California Environmental Reporting System (CERS) at https://cers.calepa.ca.gov/.
6. Pay an annual fee to the CUPA, and a State fee that is remitted to the oversight agency. City fees are available in the Citywide Fee Schedule.

The Office of the State Fire Marshal hosts links to plan templates, regulations, and guidance.  

OSFM Aboveground Petroleum Storage Act Program Guidance Document