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Aboveground Petroleum Storage Act Program

 

The Environmental Management Department’s Aboveground Petroleum Storage Act (APSA) Program is one element within our Environmental Compliance Division’s Certified Unified Program Agency (CUPA) Program.  The APSA Program is administered throughout the County of Sacramento and its incorporated cities.

 

In 1989, the California Legislature found that in order to protect the State’s people and natural resources from Photo: Aboveground Tankaboveground 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.

 

The purpose of the APSA Program is to protect public health, the environment and groundwater from potential contamination or adverse effects associated with unintended releases from the aboveground storage of petroleum-based hazardous materials and wastes.

 

Program Overview

 

EMD provides regulatory oversight for the operation of Aboveground Storage Tanks (ASTs) including:

  • Review of Aboveground Petroleum Storage Tank Facility Statements (TFS)
  • Routine inspections of AST site operations and equipment
  • Review and verification of Spill Prevention Control and Countermeasure (SPCC) Plans

What facilities are subject to this law?

 

All facilities that have ASTs (including 55 gallon drums) with an aggregate storage capacity of ≥1,320 gallons of petroleum are subject to APSA.

 

What is an Aboveground Storage Tank (AST)?

 

An AST is defined in the California Health and Safety Code as “…a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground.”

 

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.

 

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:

  • Submit an Aboveground Petroleum Storage TFS to EMD by January 1st each year.
  • 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.

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

Compliance dates for the SPCC Plan

 

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 11/10/2011 Prepare and implement a plan by 11/10/2011.
After 11/10/2011 Prepare and implement plan before beginning operations.

 

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:

  • Submit an Aboveground Petroleum Storage TFS to EMD by January 1st each year.
  • 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.

Forms and Documents

Compliance Assistance Information

 

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