Aboveground Petroleum Storage Act (APSA) Details

 APSA History

In 1989, the California Legislature found that in order to protect the State’s people and natural resources from aboveground petroleum storage tank spills, an inspection program was necessary.  APSA became effective January 1, 1990.

In January 1, 2008, Assembly Bill 1130 transferred the responsibility for the implementation, inspection, enforcement, and administration from the State Water Resources Department to the CUPA.  EMD is the CUPA for Sacramento County.

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Definitions

What is "petroleum?"

“Petroleum” means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure (i.e. normal atmospheric pressure).

Commonly stored petroleum products include gasoline, diesel, biodiesel mixtures, petroleum solvents, lubrication oils, heating oil, oil sludge, and waste oils.  Petroleum does not include 100% biodiesel and ethanol or propane.

What is an SPCC Plan?

An SPCC (Spill Prevention Control and Countermeasure) Plan is a written document that describes procedures, methods, and equipment in place at the tank facility to prevent discharges of petroleum from reaching navigable waters.

APSA: What Does This Mean to You?

If you are the owner of a tank facility meeting the storage capacity threshold of 1,320 gallons, you must take the following 6 actions:

  • Complete and submit to EMD an initial Aboveground Petroleum Storage Tank Facility Statement Form.
  • Prepare and implement an SPCC Plan in accordance with U.S. Code of Federal Regulations, Title 40, Part 112 (40 CFR 112)
    • Facilities with ≤10,000 aggregate storage capacity and with no tank >5,000 gallons (e.g. Tier I Facilities) may use the Environmental Protection Agency (EPA) SPCC Plan template.
    • Facilities with ≤10,000 aggregate storage capacity and with any individual tank >5,000 gallons (e.g. Tier II Facilities) may self-certify an SPCC Plan, but may not use the EPA SPCC Plan template.
    • Facilities with >10,000 gallons must have a registered Professional Engineer (P.E.) review and certify the SPCC Plan.
  • Conduct periodic inspections of your ASTs to ensure compliance with the 40 CFR 112.
  • Submit an annual fee to EMD beginning in January 2010.  This fee is established by the CUPA to recover the cost it will take to administer this program.
  • Allow EMD to conduct periodic inspections.
  • Immediately notify the California Emergency Management Agency (EMA) and EMD upon discovery of a spill or release of 42 gallons or more of petroleum.

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Aboveground Petroleum Storage Tank Facility Statement Form

If your facility is subject to APSA, you must complete and submit to EMD an Aboveground Petroleum Storage Tank Facility Statement (TFS) Form for any of the following:

  • Never submitted a TFS Form
  • New business
  • Change of ownership
  • Change of address
  • Add/remove tanks or containers
  • Aboveground petroleum storage capacity increases to 1,320 gallons or more

If you have previously submitted a TFS Form and none of the above apply, a new TFS Form is not required.

To submit a completed TFS Form to EMD, email to ECmain@saccounty.net or FAX to 916-875-8513.

SPCC Plan Requirements

  • The SPCC Plan must fulfill all applicable requirements of 40 CFR 112
  • Facilities must maintain a copy of the SPCC Plan onsite.
  • Facilities must implement the procedures outlined in the SPCC Plan.
  • The SPCC Plan must be reviewed and updated every 5 years

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Compliance dates for the SPCC Plan

For all facilities except farms:

Facilities Operating:

Must:

On or before 08/16/2002

Maintain existing plan, amend & implement the plan by 11/10/2011.

After 08/16/2002 through 11/10/2012

Prepare and implement a plan by 11/10/2012.

After 11/10/2012

Prepare and implement plan before beginning operations.


For all farm facilities:

Farms Operating:

Must:

On or before 08/16/2002

Maintain existing plan, amend & implement the plan by 05/10/2013.

After 08/16/2002 through 05/10/2013

Prepare and implement a plan by 05/10/2013.

After 05/10/2013

Prepare and implement plan before beginning operations.


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Exemptions

Farms, Nurseries, Logging and Construction Sites

Tank facilities located on farms, nurseries, logging and constructions sites are conditionally exempt from completing and implementing an SPCC Plan. However, these facilities are still subject to the other APSA provisions. In addition, these facilities remain fully subject to federal SPCC rules.

If you are a farm, nursery, logging or construction site and meet the storage capacity threshold (1,320 gallons), you must take the following 5 actions:

  • Complete and submit to EMD an initial Aboveground Petroleum Storage Tank Facility Statement Form.

  • Conduct periodic inspections of your ASTs to ensure compliance with the 40 CFR 112.
  • Submit an annual fee to EMD beginning in January 2010.  This fee is established by the CUPA to recover the cost it will take to administer this program.
  • Allow EMD to conduct periodic inspections.
  • Immediately notify the California Emergency Management Agency (EMA) and EMD upon discovery of a spill or release of 42 gallons or more of petroleum.

If you are a farm, nursery, logging or construction site and you have:

  • any single petroleum AST ≥20,000 gallons, and/or
  • an aggregate total of all petroleum ASTs ≥100,000 gallons

then, in addition to the previous 5 actions, you must also complete an SPCC Plan.

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Have Questions?

For more program information, please contact:

Sacramento County Environmental Management Department
Environmental Compliance Division
10590 Armstrong Avenue, Suite A
Mather, CA 95655-4153

916-875-8550
916-875-8513 (fax)
emdinfo@saccounty.net