CUPA Aboveground Petroleum Storage Act Program

Aboveground Storage Tank Act

photo: white aboveground tanksEffective January 1st, 2008, Assembly Bill 1130 (the Aboveground Petroleum Storage Act-APSA) authorized the administration and implementation of the Aboveground Petroleum Storage Tank (APST) Program to the local Certified Unified Program Agency (CUPA). APSA applies to business with a total storage capacity, at any one site of more than 1,320-gallons of petroleum products in tanks or containers larger that 55-gallons. APSA defines “Petroleum” as crude oil, or any fraction thereof, which is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.

The Orange County Health Care Agency (OCHCA) is the Certified Unified Program Agency (CUPA) responsible for the inspections of these facilities in all cities in Orange County, except for Anaheim, which are regulated by the City of Anaheim Hazardous Materials Section. Tank facilities that are regulated under APSA are also regulated by the U.S. EPA Region 9 Oil Program Clean Water Act Compliance Office. The Federal standards (called the SPCC rule) regulates non-petroleum oils that are not regulated under APSA such as vegetable oil. It is possible for a tank facility to be regulated and inspected by both the EPA and Orange County, or just the EPA.

What Does APSA Mean to You

Spill Prevention Control and Countermeasures Plan (SPCC Plan) and regulated facilities

Facilities regulated under APSA or the Federal SPCC Rule must prepare and implement a SPCC or Spill Prevention and Counter Measure Plan. Regulated facilities fall into three categories:

  • Aboveground storage capacity more than 10,000-gallons who must prepare a full plan that has been certified by a Professional Engineer and be approved by the facility or corporation management.
  • Aboveground storage capacity more than 1,320-gallons and less than 10,000-gallons, and with no history of release, can prepare and self-certify an abbreviated plan. These business are known as “Qualified Facilities”. There are in turn two types of Qualified Facilities, Tier I and Tier II Qualified Facilities:
    • Tier I Qualified Facility: has between 1,320 and 10,000 gallons with no single container greater than 5,000-gallons and 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 Qualified Facility: has between 1,320 and 10,000 gallons with a single container greater than 5,000-gallons and 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 and Tier II facilities have the option of completing pre-existing templates that have been prepared by the EPA and the State of California. SPCC Plans do not have to be submitted to either the EPA or OCHCA after they are certified.

photo: oil tanksRegulated Tanks

Aboveground storage tank is defined by the California Health and Safety Code as 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.

The definition of an aboveground storage tank does not include pressure vessels, boilers, tanks containing hazardous waste (if regulated by the CA Department of Toxic Substances Control), oil production tanks, oil-filled electrical equipment (with some restrictions), tanks regulated as underground storage tanks, and transportation-related tank facilities (regulated by Department of Transportation).

All facilities that have ASTs (including 55 gallon drums) with an aggregate storage capacity of ≥1,320 gallons of petroleum are subject to APSA and the SPCC Rule.

Aboveground Tank Facility Statement

Facilities storing more than 10,000 gallons of petroleum must complete and submit to OCHCA an initial Aboveground Petroleum Storage Tank Facility Statement Form

However, if you include your petroleum storage on hazardous materials business plan (HMBP), a Tank Facility Statement does not have to be submitted

SPCC Plans and Agriculture

Tank facilities located on farms, nurseries, logging and constructions sites are conditionally exempt from completing and implementing an SPCC Plan. However, these facilities are still subject to the other APSA provisions. In addition, these facilities remain fully subject to federal SPCC rules.

If you are a farm, nursery, logging or construction site and meet the storage capacity threshold (1,320 gallons), you must:

  • Complete and submit to OCHCA an initial Aboveground Petroleum Storage Tank Facility Statement Form
  • Conduct periodic inspections of your ASTs to ensure compliance with the 40 CFR 112
  • Submit an annual fee to OCHCA. This fee is established by the CUPA to recover the cost it will take to administer this program
  • Allow OCHCA to conduct periodic inspections
  • Immediately notify the California Office of Emergency Services (CAL OES) and OCHCA upon discovery of a spill or release of 42 gallons or more of petroleum

If you are a farm, nursery, logging or construction site and you have:

  • any single petroleum AST ≥20,000 gallons, and/or
  • an aggregate total of all petroleum ASTs ≥100,000 gallons

then, in addition to the previous 5 actions, you must also complete an SPCC Plan

For More information about the APSA Program In Orange County, Please contact Bob Held at (714) 640-9518.