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Aboveground Petroleum Storage Act (APSA)

Aboveground Petroleum Storage Act (APSA)


The APSA program applies to any facility that stores in aboveground tanks or containers, petroleum oil equal to or greater than an aggregate quantity of 1,320 gallons.  The regulations are found in the California Health and Safety Code at Chapter 6.67.  In California, APSA integrates with the federal Spill Prevention and Countermeasure (SPCC) requirements found in the Code of Federal Regulations, Title 40, Part 112. Petroleum oil includes petroleum-derived products such as distillates, paints, or solvents that contain petroleum. Excluded are non-petroleum oils, such as animal or vegetable based oils and petroleum products that are not liquid at 60 degrees Fahrenheit and 14.7 psi absolute pressure, such as waxes. Exempted tanks include boiler and pressure vessels, any tank regulated as an underground storage tank, and most oil-filled electrical equipment (OFEE) if the OFEE contains less than 10,000 gallons of oil or ≥10,000 gallons with less than 50 ppm of PCBs.

What is a "tank" under APSA?

A tank is any tank or container that has a capacity of 55 gallons or greater, is wholly or partially above the ground, or is in a vault or basement and is not an underground storage tank. The capacity of the “tank” is counted, not the volume to which it is filled for operational purposes.

The definition of a “tank” includes 55 gallon drums, totes (intermediate bulk containers), flexible membrane Aboveground tankcontainers, rail cars and tanker trucks not in transportation, and typical aboveground storage tanks, such as the one pictured here. It includes both new and used material. It also includes some non-exempt oil-filled electrical equipment (OFEE), oil-filled operational equipment (OFOE) and oil-filled manufacturing equipment (OFME). For example, a lube oil tank supporting a steam boiler, a cutting oil reservoir supporting a milling machine, and a hydraulic oil tank for a lifting jack system are all tanks covered by APSA. It does not include fuel tanks on vehicles used for supplying fuel to the motor or storage tanks in transportation under the jurisdiction of the Department of Transportation. It does include OFOE such as a hydraulic reservoir on a crane or vehicle and other mobile tanks when in storage at the facility yard and not on a job site.

To determine if you are subject to APSA: 1) Identify all the petroleum ”tanks” at your facility; 2) Determine the aggregate storage capacity of the “tanks”. If the total is ≥ 1,320 gallons you are subject to APSA.

What must my facility do to comply with APSA?

You must:
1) File an annual tank facility statement with the CUPA (City of San Leandro Environmental Services Section). Submission of a Hazardous Materials Business Plan (HMBP) to the California Environmental Reporting System (CERS) satisfies this requirement.

2) Prepare and implement a Spill Prevention, Control & Countermeasure (SPCC) plan in conformance with 40 CFR Part 112.  A Tier I Qualified Facility (storing less than 10,000 gallons and no single tank greater than 5,000 gallons) and a Tier II Qualified Facility (storing les than 10,000 gallons and has a tank greater than 5,000 gallons capacity) may download and use a plan template in lieu of preparing a full SPCC plan.

The plan templates and more information is available on the CAL Fire Office of the State Fire Marshall website.