Aboveground Petroleum Storage Act (APSA):  Farms

The following information is intended to assist Unified Program Agencies (UPA), the regulated community, and other stakeholders in understanding the provisions for farms 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. 

Use the following table and flowchart to determine if your facility is regulated under the state APSA. Refer to the USEPA WRRDA fact sheet or contact USEPA for requirements under the federal SPCC rule whether you may self-certify your SPCC Plan or if you must have it certified by a professional engineer.

Facility Storage Capacity1 & Criteria APSA Regulated?2
Less than 2,500 gallons of oil No

Exactly 2,500 gallons of oil

  • No reportable discharge history
No

Exactly 2,500 gallons of oil

  • Has reportable discharge history
Yes3

Greater than 2,500 gallons & less than 6,000 gallons4 of oil

  • No reportable discharge history
No

Greater than 2,500 gallons & less than 6,000 gallons4 of oil

  • Has reportable discharge history
Yes3

Exactly 6,000 gallons4 of oil

Yes3

Greater than 6,000 gallons4 & less than 20,000 gallons of oil

Yes3
Exactly 20,000 gallons of oil Yes3

Greater than 20,000 gallons of oil & less than 100,000 gallons of petroleum

  • No individual tank larger than 20,000 gallons of petroleum
Yes3

Greater than 20,000 gallons of oil & less than 100,000 gallons of petroleum

  • One or more tanks larger than 20,000 gallons of petroleum
Yes5

Exactly 100,000 gallons of petroleum

  • No individual tank larger than 20,000 gallons of petroleum
Yes3

Exactly 100,000 gallons of petroleum

  • One or more tanks larger than 20,000 gallons of petroleum
Yes5
Greater than 100,000 gallons of petroleum Yes5

Notes:

1 Oil as referenced in this table includes all types of oil as defined in the federal SPCC rule (40 CFR Section 112.2), including but not limited to petroleum, animal and vegetable oils and oil products.
2 For applicability under APSA, facility’s total storage capacity must include 1,320 gallons or more of petroleum.
3 Under APSA, facility is conditionally exempt only from preparing an SPCC Plan. Other APSA requirements still apply.
4 The 6,000-gallon threshold is subject to change in the future. Pursuant to WRRDA, the USEPA published a study, which recommended that the ceiling for the exemption for farms be set at 2,500 gallons of oil. The USEPA is also expected under WRRDA to promulgate a rule to amend the applicability threshold for farms under the federal SPCC requirements. In the interim, the thresholds provided in WRRDA remain in effect.
5 Under APSA, the tank facility is required to have an SPCC Plan that is certified by a professional engineer.

Contact us:

OSFM 'CUPA' Program at cupa@fire.ca.gov