The following information is intended to assist Unified Program Agencies (UPA), the regulated community, and other stakeholders in understanding the provisions for facilities per the Aboveground Petroleum Storage Act (APSA) found in the California Health and Safety Code (HSC), Division 20, Chapter 6.67.
Disclaimer: The information contained herein as a whole or any specific element of the information contained herein does not replace or substitute for any statutory or regulatory provisions, nor is the information contained herein a regulation in itself. In the event of a conflict between the information contained herein and any statute or regulation, the information contained herein would not be controlling. Furthermore, nothing contained herein should be considered legal advice nor be considered a substitute for seeking legal guidance in regard to compliance for any statutory or regulatory provision. Thus, information contained herein does not impose legally binding requirements on the State, UPAs, or the regulated community, and might not apply to a particular situation based upon certain circumstances.
References cited herein are subject to change and information will be revised as necessary to reflect any relevant future statutory or regulatory amendments.
Answer: If you answered ‘yes’ to the Business Activities question as shown below and you have submitted your Hazardous Materials Business Plan (HMBP) to the California Environmental Reporting System (CERS) or a local Unified Program Agency portal, you have met the Tank Facility Statement reporting requirements for the APSA Program as specified in Health and Safety Code (HSC) section 25270.6(a)(2).
You are not required to also submit an APSA Tank Facility Statement, but you may be requested to complete the ‘Aboveground Petroleum Storage Act Documentation’ under the APSA submittal to indicate your HMBP submittal in lieu of the APSA Tank Facility Statement. When completing the ‘Aboveground Petroleum Storage Act Documentation’ in CERS, select ‘Provided Elsewhere in CERS’, choose ‘Hazardous Materials Inventory’, and then click on the ‘Save’ button.
You are required to file an APSA Tank Facility Statement if:
- Your tank facility is subject to the oil pollution prevention regulations in the Code of Federal Regulations, Title 40, Part 112
- Your tank facility has petroleum products in aboveground containers, equipment or tanks, including tanks in underground areas, with a shell capacity equal to or greater than 55 gallons where the combined quantity at the facility meets or exceeds 1,320 gallons
- Your tank facility has one or more tanks in an underground area (TIUGA) (HSC 25270.2(o)),
- You are not required to submit an HMBP, such as federal facilities (e.g. military bases) and residences, other than single family homes* that have home heating oil tanks (HSC 25270.6(a)).
*Single family homes with aboveground storage tanks used solely for heating the home are exempt from the Tank Facility Statement reporting, unless there is a local ordinance that requires reporting.
For information on whether your facility is regulated under the APSA Program, visit the CERS Help Materials website and refer to the guide called ‘Is My Facility Regulated Under APSA?’
You may download the Tank Facility Statement form from the CAL FIRE – Office of the State Fire Marshal (OSFM) APSA Program website.
For more information on the APSA Program, visit the CAL FIRE – OSFM APSA Program website or contact your local Unified Program Agency.