Confused about APSA compliance? We’ve compiled the answers to the most common questions below.
- What does APSA stand for?
- Where can I find the official act?
- Do I fall under APSA?
- What do I need to do if I fall under APSA?
- If I submit a Hazardous Material Business Plan (HMBP) that includes my petroleum storage, do I still have to submit a tank facility statement?
- If there have not been any storage tanks added to the site in the past year, do I have to submit a tank facility statement?
- If I don't fall under the Federal SPCC requirements, I don't fall under APSA, right?
- What happens if I do not prepare an SPCC plan, file a tank facility statement, submit the fee or report spills as required?
- Contact Us
Aboveground Petroleum Storage Act
Please click here to find the APSA act at the California Legislative Information website.
If your site meets the following criteria you will be subject to APSA:
- Your site resides in the state of California
- If one of the following applies to your site:
- The site is subject to the oil pollution prevention regulations specified in 40 CFR Part 112.
- The site has a storage capacity of 1,320 gallons or more of petroleum.
- The site has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2.
- Prepare a spill prevention, control, and countermeasure (SPCC) plan in accordance with requirements in 40 CFR Part 112, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. Please click here for more information on SPCC.
- Note: Sites located on and operated by a farm, nursery, logging site, or construction site is conditionally exempt. For more information, please click here.
- Annually submit a tank facility statement to the California Environmental Reporting System (CERS). These tank facility statements ask for the following information for the site:
- Name and address
- Contact person
- Total storage capacity
- Location and contents of each petroleum storage tank that exceeds 10,000 gallons in storage capacity.
- Annually pay a fee to your local CUPA
- Allow your local CUPA to conduct periodic inspections
- Notify the California Emergency Management Agency (CalCEMA) and your local CUPA if you discover a spill or release of 42 gallons or greater of petroleum.
If I submit a Hazardous Material Business Plan (HMBP) that includes my petroleum storage, do I still have to submit a tank facility statement?
No, you do not have to submit an annual tank facility statement if your petroleum storage is already included in your submitted HMBP.
If there have not been any storage tanks added to the site in the past year, do I have to submit a tank facility statement?
Yes, you do, but you may submit a copy of a previously submitted tank facility statement. Please note that you may only submit a previously submitted statement if no new or used storage tanks have been added to the facility or if no significant modifications have been made.
No, the requirements to be under the SPCC rule and the requirements to be under APSA are different. Thus, it is possible to be under APSA and not be under SPCC and vice versa. For more information to determine if your site falls under SPCC, please click here.
What happens if I do not prepare an SPCC plan, file a tank facility statement, submit the fee or report spills as required?
If it is the first time, you are liable for an administrative penalty of no more than $5,000 per day of the violation. If it is the second time, you are liable for an administrative penalty of no more than $10,000 per day of the violation.
Have other questions regarding SPCC that could not be answered by this article? Contact us at (800) 553-7420 or firstname.lastname@example.org.