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Aboveground Petroleum Storage Act (APSA) and Spill Prevention Control and Countermeasure (SPCC) 
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APSA / SPCC Business Compliance Workshop  For information on an APSA / SPCC Business Compliance Workshop that San Bernardino County CUPA is hosting, refer to our Hot Topics page. Aboveground Petroleum Storage Act (APSA) and Spill Prevention Control and Countermeasure (SPCC) Plans A new law that became effective on January 1, 2008, changed the way that aboveground petroleum storage tanks are regulated in California. This law transfers the responsibility for the implementation, enforcement, and administration of the Aboveground Petroleum Storage Act (APSA) from the State Water Resources Control Board (SWRCB) to the Certified Unified Program Agencies (CUPAs). What facilities are subject to this law? Any facility that has an aggregate aboveground petroleum storage capacity of 1,320 gallons or more may be subject to this law. It is the capacity that counts rather than the actual amount of petroleum stored. The capacity of all aboveground tanks, containers, hydraulic systems, and oil-filled manufacturing and operational equipment with a design/shell capacity equal to or greater than 55 gallons should be added together. Under APSA, petroleum is defined as crude oil or a fraction thereof which is liquid at 60°F at normal atmospheric pressure. It includes new and used oil; petroleum-based liquid fuels such as gasoline, diesel, and aviation fuels; lubricating oils; heating oil; etc. Under this definition, petroleum does not include propane, liquid petroleum gas (LPG), liquid natural gas (LNG), or antifreeze. Even if a facility may not be subject to APSA, be aware that the federal EPA’s SPCC rule regulates facilities with aboveground storage tanks that contain oil of any kind, including mineral, synthetic, animal, and vegetable oils in addition to petroleum. Therefore some facilities which are not captured under APSA may be subject to federal regulation and US EPA oversight. US EPA still retains full and complete authority to administer, inspect and enforce federal SPCC requirements at all California facilities subject to 40 CFR 112. Although the two programs are similar, there are some significant differences. Any questions or clarifications on the federal SPCC program should be directed to US EPA. For federal SPCC guidance and the latest information, see the Oil Spills page and the Spill Prevention, Control, and Countermeasure (SPCC) Rule page on the US EPA website. What are the requirements of APSA? Any facility that is subject to APSA must do the following:
When must the SPCC Plan be prepared and implemented? The date when the SPCC Plan must be prepared or amended to meet post-2002 SPCC rule requirements / amendments depends on when the facility first became subject to APSA:
Note: If a facility became subject to APSA before August 16, 2002, and does not already have a Plan, a Plan must be prepared and implemented now. DO NOT wait until November 10, 2010. When must a copy of the SPCC Plan be submitted to the CUPA? A complete copy of the SPCC Plan must be maintained at the facility if the facility is normally attended at least four hours per day or at the nearest field office if the facility is not so attended. It is NOT required to submit a copy to the CUPA. Must the SPCC Plan be certified by a professional engineer? All facilities with over 10,000 gallons of aggregate aboveground petroleum storage capacity must prepare a full SPCC Plan that is certified by a Professional Engineer. However, facilities with total oil storage capacity between 1,320 and 10,000 gallons in aboveground containers and with a good spill history (as described in the SPCC rule) may self-certify their own Plan. Note: Since the definition of a Qualified Facility is a federal provision outlined in 40 CFR 112, oil of any kind rather than just petroleum must be considered in determining the aggregate aboveground oil storage capacity used to meet the 10,000-gallon threshold. This means that in addition to petroleum storage, oils of vegetable origin (i.e., corn, soybean or nut oil) or animal origin (i.e., fats and greases) as well as 100% synthetic oils must also be included in the total. If a facility is eligible to self-certify its Plan, and has no aboveground container greater than 5,000 gallons in capacity, then it may use the Tier I Plan template that is found in Appendix G to 40 CFR part 112. Editable versions of the template in Microsoft Word, Word Perfect, and a pdf version are available on the US EPA website. Additional information:
On March 4, 2009, San Bernardino County CUPA hosted an APSA / SPCC informational workshop for businesses. This workshop presented information and guidance to assist in preparing or updating an SPCC Plan or Plan template, implementing an effective oil spill prevention program, and how to be in compliance with APSA and SPCC regulations. A condensed version of the presentation given during that workshop can be accessed through the following links. Note that the effective date for some of the amendments and the compliance date have changed since the workshop was presented. Please refer to the SPCC Rule page on the US EPA website for more information.
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