Aboveground Petroleum Storage Act (APSA): Farms
How Do I know If My Farm Is Regulated Under APSA?
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 here in are subject to change and information will be revised as necessary to reflect any relevant future statutory or regulatory amendments.
Yes, proceed to question #2.
No. Stop, your farm is not regulated under APSA.
Refer to the farms website for information on determining your farm's storage capacity.
Yes, proceed to question #3.
No. Stop, your farm is not regulated under APSA.
Yes. Your farm is regulated under APSA. Your farm is required to prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan under APSA. Your farm may also be required to prepare and implement an SPCC Plan under the federal SPCC rule.
No, proceed to question #4.
Yes. Your farm is regulated under APSA. Your farm is required to prepare and implement an SPCC Plan under APSA. Your farm may also be required to prepare and implement an SPCC Plan under the federal SPCC rule.
No, proceed to question #5.
Yes. Proceed to question #6. Your farm may be required to prepare and implement an SPCC Plan under the federal SPCC rule.
No. Proceed to question #7.
*Under the federal SPCC rule, a reportable discharge history is a single oil discharge exceeding 1,000 gallons or two oil discharges each exceeding 42 gallons within any 12-month period in the three years prior to the SPCC Plan self-certification date, or since becoming subject to SPCC requirements if the facility has been in operation for less than three years.
Yes. Your farm is regulated under APSA as a conditionally exempt facility. An SPCC Plan is not required under APSA. However, your farm may be required to prepare and implement an SPCC Plan under the federal SPCC rule.
No. Your farm is regulated under APSA. Your farm is required to prepare and implement an SPCC Plan under APSA. Your farm may also be required to prepare and implement an SPCC Plan under the federal SPCC rule.
Refer to the farms website for information on the conditions of SPCC Plan exemption under APSA.
Yes, refer to question #6. Your farm may be required to prepare and implement an SPCC Plan under the federal SPCC rule.
No. Stop, your farm is not regulated under APSA.
OSFM 'CUPA' Program
cupa@fire.ca.gov