Above Ground Petroleum Storage Act (APSA) Program

In October 2007, the California Assembly passed Assembly Bill 1130 (Laird), the Above Ground Petroleum Storage Act (APSA). The bill transferred responsibility for the implementation, enforcement, and administration of APSA from the State Water Resources Control Board (SWRCB) to local CUPAs.

Your local CUPA will soon be conducting inspections of your tanks (if your aggregate storage capacity is greater than 1,320 gallons). In addition to the inspection, your CUPA will be asking you to submit for review a Spill Prevention, Control, and Countermeasure (SPCC) Plan. If APSA applies to your business, you’ll either have to update an existing SPCC document or create 1. Businesses with aggregate capacities of 10,000 gallons or less will be able to take advantage of simplified SPCC requirements.

If you do not have an SPCC or would like further information regarding the main elements of the plan, contact your local CUPA or check APSA website.

Tiered Facilities
Tier I facilities are those:
  1. With no more than 10,000 gallons of oil*
  2. With no single container exceeding 5,000 gallons
  3. Which has had no single discharge to navigable waters or adjoining shorelines exceeding 1,000 gallons or no 2 discharges each exceeding 42 gallons within any 12 month period in the prior 3 years
Tier I facilities may self-certify their SPCC plan and may use the US EPA Tier I SPCC Template (PDF).

Tier II facilities are those:
  1. With no more than 10,000 gallons of oil
  2. A single container exceeding 5,000 gallons
  3. Which has had no single discharge to navigable waters or adjoining shorelines exceeding 1,000 gallons or no 2 discharges each exceeding 42 gallons within any 12 month period in the prior 3 years
Tier II facilities may self-certify their SPCC plan and may use the Tier II SPCC Template (PDF).

Please do not submit your SPCC Plan on the CERS website. Select stored onsite. After an SPCC Plan is completed and the CUPA is notified, what does the tank owner need to do?

Conduct periodic inspections to assure compliance with the SPCC (inspections, tests, and records); if you ever have a spill or leak, implement the notification and containment elements of your SPCC.

*Under this regulation, oil includes petroleum-based products such as gasoline, diesel, lubricating oil, solvents, and waste oil. 100% biodiesel is exempt from APSA requirements, but blends of biodiesel (i.e., less than B100) are not exempt.

More Information
Fee Updates
Like the other CUPA programs, the above ground tank program will be fee-supported. If you operate above ground tanks, annual program fees will apply. The revised fees for the 2011-2012 year was adopted on September 20th at a City Council meeting. A $26 state surcharge to support the APSA program will be added starting in 2014.

As mentioned above, the State required electronic reporting of CUPA-regulated sites by January 2013. To pay for the costs of supporting electronic reporting statewide, the State increased the CUPA surcharge from $24/year to $35/year. The funds will be used for continual system development, outreach and training, and technical support for CUPAs. Your local CUPA will add a technology fee of $25 to your annual billing to support annual costs of CERS compliant software and training.

The CUPA Fees will increase annually based on the CPI.