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To prevent leaks and spills from contaminating soils, and surface and
groundwaters, Aboveground Petroleum Storage Tanks (ASTs) are regulated under
federal and state law. California adopted an Aboveground Petroleum Storage
Act (APSA) in 1990 that incorporated by reference most of the requirements
of the federal SPCC (Spill Prevention Control and Countermeasure) rule. In
2007, legislation (AB 1130) significantly amended the APSA. Previously, the
program was implemented and enforced by the State Water Resources Control
Board and the Regional Water Quality Control Boards. However, on January 1,
2008, AB 1130 transferred the entire responsibility for the program to the
local CUPA, the Monterey County Division of Environmental Health.
California Environmental Protection Agency (Cal-EPA) letter to businesses.
Who is Subject to APSA?
Facilities that store "petroleum" in an aboveground storage tank with a
cumulative storage capacity equal to or greater than 1,320 gallons are
subject to APSA. An aboveground storage tank means a tank that has a
capacity to store 55 gallons or more and is substantially or totally above
the surface of the ground.
What is the Definition of Petroleum?
"Petroleum" means crude oil or any fraction which is liquid at 60 degrees
Fahrenheit temperature and 14.7 pounds per square inch absolute pressure
(normal atmospheric pressure at sea level). This includes petroleum based
substances comprised of a complex blend of hydrocarbons, such as gasoline,
diesel, jet fuels, residual fuel oils, lubricants and some petroleum
solvents. Petroleum does not include liquid propane gas (LPG).
What Does the Act Require?
The Act requires owners or operators of aboveground petroleum storage tank facilities to:
- File a storage statement or Business Response Plan.
- Pay an APSA Permit Fee.
- Prepare & implement a federal Spill, Prevention, Control, and Countermeasure (SPCC) plan
if you are a Non-Qualified Facility or a Qualified Tier I or Tier II
Facility. Please see Table below for details.
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Qualified Facilities |
Non- Qualified Facilities |
Exempt Facilities |
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10,000 gallons or less aggregate aboveground
oil storage capacity; and
Has had no single discharge to
navigable waters or adjoining shorelines exceeding 1,000 gallons and
no two discharges each exceeding 42 gallons within any 12
month period in the prior 3 years. |
More than 10,000 gallons aggregate and/or
Has had a single discharge to navigable waters
or adjoining shorelines exceeding 1,000 gallons and/or has had two
discharges each exceeding 42 gallons within a 12 month period in the
3 years prior. |
Farms, Nurseries, Construction Sites, and
Logging Sites |
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No SPCC required if no storage tank at the
location exceeds 20,000 gallons and the cumulative storage capacity
of the facility does not exceed 100,000 gallons.
The facility must still conduct a daily visual
inspection of any aboveground storage tank storing petroleum
products. |
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Tier I |
Tier II |
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All individual aboveground oil container are
less than 5,000 gallons |
Has individual aboveground oil container
greater than 5,000 gallons |
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Complete a self certified SPCC Plan. The US
EPA SPCC template may be used (Appendix G of 40 CFR part 112) |
Complete a self certified SPCC Plan in
accordance with applicable requirements of 40 CFR Section 112 and
subparts B and C of the rule. |
Complete a SPCC Plan that is certified by a
Professional Engineer in accordance with all applicable requirements
of 40 CFR Section 112.7 and subpart B and C. |
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Forms:
(*Download Instructions)
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PDF |
| 1 |
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APSA
Facility Storage Statement |
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| 2 |
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Tier I
SPCC Plan Template |
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| 3 |
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Tier
II SPCC Plan Template (not yet available) |
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| 4 |
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Aboveground Storage Tank Daily Inspection Form |
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| 5 |
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APSA
Frequently Asked Questions |
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Links:
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