Is My Facility Regulated Under the Aboveground Petroleum Storage Act?

Under the California Health and Safety Code (HSC) 25270.2(n), a 'tank facility' means one or more aboveground storage tanks (AST), including any piping that is integral to the tanks, that contain petroleum and that are used by an owner or operator at a single location or site.

A pipe is integrally related to an AST if the pipe is connected to the tank and meets any of the following:

1. The pipe is within the dike or containment area.
2. The pipe is between the containment area and the first flange or valve outside the containment area.
3. The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.
4. The pipe is connected to a tank in an underground area (TIUGA).

A tank facility is regulated under APSA if the facility stores petroleum in ASTs, containers or equipment of 55 gallons or more in shell capacity AND:

• The tank facility is subject to the oil pollution prevention regulations specified under the Code of Federal Regulations (CFR), Title 40, Part 112;

OR

• The tank facility’s total aboveground petroleum storage capacity is 1,320 gallons or more;

OR

• The tank facility has less than 1,320 gallons of petroleum AND one or more 55-gallon or larger fixed/stationary petroleum TIUGAs.

For information on farms, visit the CAL FIRE - Office of the State Fire Marshal APSA website on farms. 

1. Prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan¹ using the same format required by 40 CFR 112. A tank facility that meets the conditions of exemption as specified in HSC 25270.4.5(b) is not required to prepare an SPCC Plan but is required to meet the conditions of exemptions in accordance with HSC 25270.4.5(b).
2. The tank facility owner or operator must check “Yes” on the Aboveground Petroleum Storage question under the Business Activities of the Hazardous Materials Business Plan (HMBP) in the California Environmental Reporting System (CERS).² Also, the owner or operator may be requested to annually complete and submit the APSA Program Submittal Element in CERS, which includes the APSA Facility Information, APSA Documentation, and the optional Miscellaneous State-Required Documents.
3. Pay the applicable Unified Program Agency (UPA) single fee and state surcharge for the APSA Program.
4. Your local UPA may have additional requirements. Please contact your local UPA for information.

¹SPCC Plans are not required to be submitted into CERS. For more information, visit the CERS Help Materials website and review the APSA Program guide called, ‘Should I file an SPCC Plan in CERS?’

²For more information on the APSA Tank Facility Statement reporting requirement, review the CERS APSA Program guide called, ‘Aboveground Petroleum Storage Tank Facility Statement Reporting.’

To determine your tank facility’s total aboveground petroleum storage capacity, add together the shell capacities of all ASTs, containers, and equipment, including each TIUGA, at the tank facility with a shell capacity equal to or greater than 55 gallons of petroleum. To calculate the capacity of 55-gallon drums on your tank facility, use the maximum number of drums that would typically be stored at your tank facility.

DO NOT include the actual volume stored in the AST, container or equipment when calculating your tank facility’s total aboveground petroleum storage capacity; use the shell capacity of the AST, container or equipment. In addition, when determining the total aboveground petroleum storage capacity for your tank facility, DO NOT include the following tanks, containers or equipment that are excluded under APSA (HSC 25270.2(a)(1)-(8)).

1. A pressure vessel or boiler subject to Part 6 of Division 5 of the California Labor Code;

2. A tank containing hazardous waste or extremely hazardous waste, as respectively defined in HSC sections 25117 and 25115, if the owner or operator of the storage tank has a hazardous waste facilities permit from the Department of Toxic Substances Control (DTSC) or a permit by rule authorization from the unified program agency for the storage tank;

3. An aboveground oil production tank subject to section 3106 of the California Public Resources Code;

4. Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the oil-filled electrical equipment meets either of the following conditions:

1. The equipment contains less than 10,000 gallons of dielectric fluid.
2. The equipment contains 10,000 gallons or more of dielectric fluid with PCB levels less than 50 parts per million, appropriate containment or diversionary structures or equipment are employed to prevent discharged oil from reaching a navigable water course, and the electrical equipment is visually inspected in accordance with the usual routine maintenance procedures of the owner or operator.

5. A tank regulated as an underground storage tank (UST) under Chapter 6.7 of the HSC and Chapter 16 of Division 3 of Title 23 of the California Code of Regulations (CCR) and that does not meet the definition of a tank in an underground area.

6. A transportation-related tank facility, subject to the authority and control of the U.S. Department of Transportation (DOT) as defined in the 1971 Memorandum of Understanding in Appendix A to Part 112 of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. [Note: A “complex” facility* that is subject to both U.S. Environmental Protection Agency’s (EPA) SPCC rule and US DOT requirements may be subject to APSA if it meets any of the APSA applicability criteria previously mentioned.]

7. A tank or tank facility located on and operated by a farm that is exempt from the federal SPCC rule requirements pursuant to 40 CFR 112.

8. A TIUGA that has the capacity to store less than 55 gallons of petroleum, has secondary containment, and is inspected monthly, if the owner or operator maintains a log of inspection records for review by the UPA.

*“Complex” means a facility possessing a combination of transportation-related and non-transportation-related components that is subject to the jurisdiction of more than one federal agency under section 311(j) of the Clean Water Act (40 CFR 112.2). A complex facility that is subject to both the US EPA’s SPCC rule and US DOT requirements may be subject to APSA requirements.