CUPA Aboveground Petroleum Storage Tank

Effective January 1st, 2008, Assembly Bill 1130 (AB1130) authorized the administration and implementation of the Aboveground Petroleum Storage Tank (APST) Program to the local Certified Unified Program Agency (CUPA). For businesses in Orange County, the State Water Resources Control Board (SWRCB) will no longer be the regulating agency for APST’s. Instead, the APST Program has been delegated to the Orange County CUPA throughout the County. This change is positive for both businesses and OC CUPA as it consolidates environmental programs, fees, and inspection authority into one single regulating agency- thus, creating essentially a “One-Stop Shop."

The Aboveground Petroleum Storage Act of 1990 (APSA) requires owners or operations of aboveground petroleum storage tank (APST) facilities to file a tank facility statement, to develop and implement a Spill Prevention Control and Countermeasure (SPCC) Plan, and to pay fees. The purpose of this program is to protect the state’s people and natural resources from aboveground petroleum storage tank spills or releases.

News and Due Dates

View Online APST Training VideoView Online APST Training Video
Business Assistance Workshop
California Aboveground Petroleum Storage Act & Spill Prevention, Control & Counter Measures Plan
(Flash video)
  • Tank Facilities with Total Storage Capacity ≥ 10,000 gallons: Tank Facility Statement DUE January 1st of EACH Year

What is an Aboveground Petroleum Storage Tank?

An “Aboveground Petroleum Storage Tank” or “Storage Tank” is defined as a tank or container that has the storage capacity equal to or greater than 55 gallons of petroleum and that is substantially or totally above the surface of the ground. This includes storage tanks, process tanks, and 55-gallon drums/containers.

“Aboveground Storage Tank” does not include: pressure vessels or boilers, hazardous waste tanks (regulated by Department of Toxic Substance Control (DTSC)), oil production tanks, oil-filled electrical equipment (with specific restrictions), underground storage tanks (regulated under CCR Title 23), exempted underground storage tanks (i.e., “basement tanks”), and transportation-related tank facility (regulated by Department of Transportation).

Who is Subject to the Aboveground Petroleum Storage Tank (APST) Program?

A tank facility is subject to this program if:

Examples:


Facility contains (1) 1000-gallon tank of gasoline and (1) 500-gallon tank of red diesel fuel.
Total: 1,000 + 500 = 1,500 gallons of petroleum. Facility is subject to the APST Program.


Facility contains (6) 275-gallon tanks of new motor oil.
Total: 6 x 275 = 1,650 gallons of petroleum. Facility is subject to the APST Program.


Facility contains (1) 2,500 gallon tank of E85 fuel (85% ethanol/ 15% gasoline blend). Total: 2,500 gallons of petroleum. Facility is subject to the APST Program.

Facility contains (33) 55-gallon drums of various petroleum-based liquids.
Total: 33 x 55 = 1,815 gallons of petroleum. Facility is subject to the APST Program.

Facility contains (1) 1,000-gallon tank of used oil and (6) 55-gallon drums of new oil (motor oil, gear oil, hydraulic fluid, and automatic transmission fluid).

Total: [1,000 + (6 x 55)] = 1,330 gallons of petroleum. Facility is subject to the APST Program.


Facility contains (10) CNC-machines with 60-gallon coolant reservoirs. Facility uses water soluble machine coolant that has 2% oil content. Facility also contains (2) 275-gallon portable aboveground storage tanks of new machine coolant, and (4) 55-gallon drums of spent machine coolant.

Total: [(10 x 60) + (2 x 275) + (4 x 55)] = 1,370 total gallons of petroleum. Facility is subject to the APST Program.


Facility contains (3) 500-gallon tanks of used oil in the basement and (3) 110-gallon tanks of new oil above grade.

Total: [(3 x 500) + (3 x 110) = 1,830 gallons of petroleum. Basement tanks do not meet the definition of Aboveground Petroleum Storage Tank. Revised total: 1830 – 1500 = 330 gallons of petroleum. Facility is not subject to the APST Program.

What is petroleum?

“Petroleum” is defined as crude oil, or any fraction thereof, that is liquid at 60°F at normal atmospheric pressure. This includes petroleum-based substances comprised of a complex blend of hydrocarbons.

Common “petroleum” substances include: motor oil, hydraulic oil, gear oil, automatic transmission fluids (ATF), used oil, machine coolant, water-soluble coolant, gasoline, diesel, jet fuel, residual fuel oils, lubricants, petroleum solvents, and water/oil mixture.

"Petroleum" does not include antifreeze, liquid propane gas (LPG), acetone, and alcohol (i.e., ethanol, methanol, etc.).

What are APST owner / operator responsibilities

Owner/Operator of an aboveground petroleum storage tank facility must:

What is a tank facility statement and how often do I have to submit it?

A tank facility statement must include the following information:

  • Name and address of the tank facility
  • Contact person for the tank facility
  • Total storage capacity of the tank facility
  • Location, size, age, and contents of each storage tank

In Orange County, a tank facility statement must be submitted to the CUPA for review as follows:
Tank Facility Storage Capacity Tank Facility Statement Submittal
Frequency Due Date
Equal to or greater than 10,000 gallons Annual January 1st of Each Year
1,320 gallons to 9,999 gallons Once Upon Subject to the Aboveground Petroleum
Storage Tank (APST) Program

UPC Form: APST Facility Statement

What is a Spill Prevention Control and Countermeasure (SPCC) Plan and am I required to prepare and I required to prepare / implement one?

Spill Prevention Control and Countermeasure (SPCC) Plan is a carefully thought-out plan that includes procedures, methods, and equipment at the facility to prevent discharges of petroleum from reaching navigable waters. SPCC Plan must be certified by a Registered Professional Engineer (PE) or the tank facility (self-certification). A complete copy of the SPCC plan must be maintained on site. The SPCC Plan must be reviewed, updated, and re-certified every five years.

SPCC Plan and certification requirements are based on the type and storage capacity of the tank facility:

Type of Tank Facility

Total Storage Capacity:

Special APST Tank Facility:

Farm, Nursery, Logging & Construction Site
More than 10,000 gallons 10,000 gallons or less
Storage Capacity Conditions Tier I Tier II Each tank less than 20,000 gallons AND total less than 100,000 gallons Any tank equal to or greater than 20,000 gallons or total equal to or greater than 100,000 gallons
Each tank less than 5,000 gallons Any tank equal to or greater than 5,000 gallons

SPCC Plan Required?

Yes Yes Yes No1 Yes

SPCC Plan & Certification Options:

** Discharge history may affect the facility’s SPCC Plan & Certification Options.
** Please contact a specialist for more information.

Full SPCC Plan 2 PE-Certified Yes Yes Yes N/A Yes
Self-Certified No Yes Yes N/A No
SPCC Plan Template PE-Certified No Yes Yes N/A No
Self-Certified No Yes Yes N/A No

1Specific Requirements Apply: 1) Conduct a daily visual inspection of any aboveground storage tank that stores petroleum; 2) Allow CUPA to conduct periodic inspections of the tank facility; and 3) Install appropriate secondary containment system, if determined necessary by the CUPA.

2Full SPCC plan must be prepared in accordance with the Oil Pollution Prevention regulations in the Code of Federal Regulations (CFR), Title 40, Chapter I, Subchapter D, Part 112.

More information on SPCC Plan requirements can be found on:

Examples of SPCC Plans for Aboveground Storage Tanks:

  1. Facility contains (3) 240-gallon tanks of new motor oil, (6) 55-gallon drums of ATF, and (5) 55-gallon d rums of used oil.

    Facility must prepare and implement a SPCC Plan. Facility may use the Tier I SPCC Plan Template. The SPCC Plan Template may be self-certified.

  1. Facility contains (1) 2000-gallon tank of diesel fuel and (1) 7000-gallon tank of gasoline. Facility is an automotive dealership.

    Facility must prepare and implement a SPCC Plan. Facility may use the Tier II SPCC Plan Template. The SPCC Plan Template may be self-certified.

  1. Facility contains (1) 500-gallon tank of diesel fuel and (1) 1000-gallon tank of gasoline. Facility is a construction site.

    Facility is not required to prepare and implement a SPCC Plan if a daily visual inspection of the two aboveground storage tanks is conducted, the CUPA is allowed to conduct periodic inspections of the tank facility, and a secondary containment system is installed, if determined necessary by the CUPA.

  1. Facility contains (2) 3000-gallon tanks of diesel fuel and (1) 5000-gallon tank of gasoline. Facility is a manufacturing plant.

    Facility must prepare and implement a SPCC Plan. Facility must prepare and implement a full SPCC Plan in accordance with the Oil Pollution Prevention regulations in the Code of Federal Regulations (CFR), Title 40, Chapter I, Subchapter D, Part 112. The SPCC Plan must be certified by a Registered Professional Engineer (PE).

  1. Facility contains (1) 25,000-gallon tank of diesel fuel, (2) 5000-gallon tanks of gasoline, and (2) 500-gallon tanks of new hydraulic oil. Facility is a farm.

    Facility must prepare and implement a SPCC Plan. Facility must prepare and implement a full SPCC Plan in accordance with the Oil Pollution Prevention regulations in the Code of Federal Regulations (CFR), Title 40, Chapter I, Subchapter D, Part 112. The SPCC Plan must be certified by a Registered Professional Engineer (PE).

What are the fees?

Fees will be established by the CUPA to support the incurred costs related to the administration and implementation of the Aboveground Petroleum Storage Tank (APST) Program. These costs will include, but will not be limited to, inspections, enforcement, and administration of the program. In addition, a state surcharge will be applied to each tank facility to cover the costs of the State agency overseeing the APST program. These fees will appear together on the consolidated OC CUPA invoice established by the single fee system.

OC CUPA Fee Schedule

How do I prepare for an APST CUPA Inspection?

CUPA will conduct inspections of the aboveground petroleum storage tank facilities to verify compliance with the Act. Specialists in this program will verify that each aboveground petroleum storage tank facility has submitted the tank facility statement, the SPCC Plan is fully implemented and on site at the facility (if applicable), periodic inspections are conducted, the training is completed, and spill or release has been properly reported. OC CUPA inspections will be conducted according to the schedule as described below:

Tank Facility Storage Capacity CUPA Inspection Frequency
Equal to or greater than 10,000 gallons Triennial
1,320 gallons to 9,999 gallons To Be Determined
Special APST Tank Facility
(Farm, Nursery, Logging Site, or Construction Site)
To Be Determined
How do I apply for APST installation / modification / removal permits?

The installation, modification, and removal of aboveground petroleum storage tanks will continue to be managed by the local fire department. For questions or fees, please contact the appropriate fire department.

Fire Department Phone Number
Anaheim Fire Department 714-765-4055
Brea Fire Department 714-990-7644
Costa Mesa Fire Department 714-327-7402
Fountain Valley Fire Department 714-593-4430
Fullerton Fire Department 714-738-3119
Garden Grove Fire Department 714-741-5600
Huntington Beach Fire Department 714-536-5469
La Habra (LA County Fire Department) 323-890-4113
Newport Beach Fire Department 949-644-3361
Orange Fire Department 714-288-2541
Santa Ana Fire Department 714-647-5761
Orange County Fire Authority
(for all other cities and unincorporated areas of Orange County)
714-647-5761
What do I do in case of a spill or release?

Owner/operator of a tank facility must immediately notify the Office of Emergency Services (800-852-7550) and the CUPA (714-433-6000).

State Water Resources Control Board (916-341-5455) and California Regional Water Quality Control Board (Santa Ana Region—951-782-3292; San Diego Region—858-467-2980) will continue to oversee and manage the cleanup or abatement of a release from an aboveground petroleum storage tank.

Summary of APST Program Requirements
Tank Facility Storage Capacity Equal to or greater than 10,000 gallons 1,320 gallons to 9,999 gallons Special APST Tank Facility (Farm, Nursery, Logging Site, or Construction Site)
Each tank less than 20,000 gallons and total less than 100,000 gallons Any tank equal to or greater than 20,000 gallons or total equal to or greater than 100,000 gallons
Tank Facility Statement Submittal Annual Once Annual Annual
SPCC Plan Yes Yes No* Yes
Periodic Visual Inspections Yes Yes Yes (Daily) Yes
Report Spill or Unauthorized Release Yes Yes Yes Yes
Fees Yes Yes Yes Yes
CUPA Inspection Frequency Triennial TBD** TBD** TBD**
*Specific Requirements Apply:
1) Must conduct daily visual inspections; AND
2) Install secondary containment system as needed
**TBD = To Be Determined
Glossary of Terms
  • "Aboveground petroleum storage tank" or "storage tank"
    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. This does not include: pressure vessels or boilers, hazardous waste tanks (regulated by Department of Toxic Substance Control (DTSC)), oil production tanks, oil-filled electrical equipment (with specific restrictions), regulated underground storage tanks, and transportation-related tank facility (regulated by Department of Transportation).
  • "Board"
    The State Water Resources Control Board.
  • "Certified Unified Program Agency" or "CUPA"
    The agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction.
  • "Participating Agency" or "PA"
    An agency that has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2.
  • "Unified Program Agency" or "UPA"
    The CUPA, or its participating agencies to the extent that each PA has been designated by the CUPA, pursuant to a written agreement, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404.
  • "Operator"
    The person responsible for the overall operation of a tank facility.
  • "Owner"
    The person who owns the tank facility or part of the tank facility.
  • "Person"
    An individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. "Person" also includes any city, county, district, the University of California, the California State University, the state, any department or agency thereof, and the United States, to the extent authorized by federal law.
  • "Petroleum"
    means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.
     
  • "Regional board"
    A California regional water quality control board.
  • "Release"
    Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, or disposing into the environment.
  • "Secretary"
    The Secretary for Environmental Protection.
  • "Storage" or "store"
    The containment, handling, or treatment of petroleum, for a period of time, including on a temporary basis.
  • "Storage capacity"
    The aggregate capacity of all aboveground tanks at a tank facility.
  • "Tank facility"
    One or more aboveground storage tank, including any piping that is integral to the tanks, that contain petroleum and that are used by a single business entity at a single location or site.
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