Imperial CUPA Aboveground Petroleum Storage Act Program
The Aboveground Petroleum Storage Act (APSA) Program requires tank facilities storing greater than 1,320 gallons of petroleum and facilities with Tanks in an Underground Area (TIUGA) that stores any amount of petroleum, to develop and implement the Spill Prevention Control and Countermeasures (SPCC) Plan requirements (Code of Federal Regulations, Title 40, Part 112). A tank facility is any tank or tanks that are aboveground, including connected piping, that contain petroleum and are used by an owner or operator at a single location or site. A TIUGA is any tank that is at least 10% below the grade of the surface, is in secondary containment, and it is used to hold oil. The CUPA regulates businesses storing petroleum in aboveground containers, tanks, or Tanks in and Underground Area.
What is Petroleum?
Petroleum is a crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure. Examples include motor oil, hydraulic oil, some mineral oils, gasoline, and diesel fuel. Propane, liquid natural gas, liquid petroleum gas, and asphalt do not meet the definition of petroleum.
Types of APSA Facilities
Aboveground Storage Capacity – More Than 10,000 Gallons:
A tank facility that stores greater than 10,000 gallons of petroleum must prepare a SPCC plan in accordance with good engineering practice. The SPCC plan must be in the same order as 40 CFR Part 112, unless a cross-reference page is provided with the plan. The SPCC plan must be signed/certified by a Professional Engineer.
Aboveground Storage Capacity – 10,000 Gallons or Less:
A tank facility with a total storage capacity of ≥ 1,320 gallons and ≤ 10,000 gallons of oil, with limited or no oil releases, are considered “Qualified Facilities” under the federal SPCC rule.
There are two types of Qualified Facilities, Tier I and Tier II. Qualified Facilities may use ready-made templates to develop their SPCC Plan and may self-certify their SPCC Plan. If your tank facility qualifies as a Tier I facility, you may complete, self-certify, and implement the Tier I SPCC Plan Template. If your tank facility qualifies as a Tier II facility, you may complete, self-certify, and implement the Tier II SPCC Plan Template.
Farms and APSA
Farms are not required to develop and implement a SPCC plan if they handle less than 2,500 gallons of petroleum, or greater than 2,500 gallons and less than 6,000 gallons and no reportable discharge history (1,000 gallons in one event or two 42 gallons or more in one year. For more information read, California Aboveground Petroleum Storage Act: Requirements for Farms per Senate Bill 612.
Conditionally Exempted Facilities
A tank facility located on a farm, nursery, logging site, or construction site, while still regulated under APSA, is conditionally exempt from the APSA requirement to prepare and implement a SPCC plan if:
- No storage tank at the location exceeds 20,000 gallons, and
- The cumulative storage capacity of the tank facility does not exceed 100,000 gallons.
These facilities are still subject APSA program fees, Tank Facility Statement/Business Plan submission, and inspection by Unified Program Agencies (UPAs). The owner or operator of an exempted tank facility located on a farm, nursery, logging site or construction site, is required to take the following actions:
- Conduct a daily visual inspection of any aboveground tank storing petroleum
- Allow the UPA to conduct a periodic inspection of the tank facility
- If the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks.
APSA Forms and Publications
- How to Prepare Your Own SPCC Plan by San Diego County – Online Course for Tiered 1 Qualified Facilities
- A Quick Guide to 40CFR 112
- US EPA Region 9: Prevention of Oil Spill
DTSC Imperial CUPA Office
627 Wake Avenue
El Centro, California 92243
Phone: (760) 352-0381
Fax: (760) 352-1641
Toll Free Number: 1-866-357-3990
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