Managing Hazardous Waste

We strengthen regulations and streamline waste management

Imperial CUPA Aboveground Petroleum Storage Act Program

Program Overview

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. 

Regulatory Authority:

Federal: Code of Federal Regulations, Title 40, Part 112

State Law: California Health and Safety Code, Chapter 6.67, Sections 25270 – 25270.13  

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, so would not be required to be counted for determining what type of APSA facility.

Types of APSA Facilities

There are three types of APSA regulated facilities:

1. Tiered I Qualified Facilities

If a tank facility stores 10,000 gallons or less of petroleum and it meets the following requirements, the tank facility is a Tier I qualified facility. Within any 12-month period, three years prior to Plan Certification date, has had:

  • No single discharge of oil to navigable water or adjoining shoreline exceeding 1,000 gallons; or
  • No two discharges of oil to navigable water or adjoining shoreline each exceeding 42 gallons
  • No individual/single aboveground storage tank with greater than 5,000 gallons capacity.

If your tank facility qualifies as a Tier I facility, you may complete, self-certify, and implement the Tier I SPCC Plan template (Appendix G to 40 CFR 112) or write your own plan, in lieu of a full Professional Engineer-Certified Plan.

2.  Tiered II Qualified Facilities

If a tank facility stores 10,000 gallons or less of petroleum, and it meets the following requirements, the tank facility is a Tier II qualified facility. Within any 12-month period, three years prior to Plan Certification date, has had:

  • No single discharge of oil to navigable water or adjoining shoreline exceeding 1,000 gallons; or
  • No two discharges of oil to navigable water or adjoining shoreline each exceeding 42 gallons
  • Has individual/single aboveground storage tank greater than 5,000 gallon capacity

If your tank facility qualifies as a Tier II facility, you may complete, self-certify and and implement the Tier II SPCC Plan Template in accordance with all applicable requirements of 40 CFR Part 112 in lieu of a full Professional Engineer-Certified Plan. Tier II SPCC Template, this template is not approved by USEPA.

3.  Non-Qualified Facilities

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. A non-qualified SPCC plan must be signed by a Professional Engineer.

Example of SPCC Plan

Qualified or Non Qualified

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

Contact Us

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