Who is Subject to the Aboveground Petroleum Storage Tank (APST) Program?

A tank facility is subject to this program if:

• It has a single or cumulative aboveground storage tank capacity of petroleum equal to or greater than 1,320 gallons; OR

• It is subject to the Oil Pollution Prevention regulations established by U.S.E.P.A. (Code of Federal Regulations (CFR), Title 40, Chapter I, Subchapter D, Part 112)..

EXAMPLES:

Facility contains (1) 1000-gallon tank of gasoline and (1) 500-gallon tank of red diesel fuel. Total: 1,000 + 500 = 1,500 gallons of petroleum. Facility is subject to the APST Program.

Facility contains (33) 55-gallon drums of various petroleum-based liquids. Total: 33 x 55 = 1,815 gallons of petroleum. Facility is subject to the APST Program.

Facility contains (1) 1,000-gallon tank of used oil and (6) 55-gallon drums of new oil (motor oil, gear oil, hydraulic fluid, and automatic transmission fluid). Total: [1,000 + (6 x 55)] = 1,330 gallons of petroleum. Facility is subject to the APST Program.

Facility contains (10) CNC-machines with 60-gallon coolant reservoirs. Facility uses water soluble machine coolant that has 2% oil content. Facility also contains (2) 275-gallon portable aboveground storage tanks of new machine coolant, and (4) 55-gallon drums of spent machine coolant.
Total: [(10 x 60) + (2 x 275) + (4 x 55)] = 1,370 total gallons of petroleum. Facility is subject to the APST Program.

Facility contains (3) 500-gallon tanks of used oil in the basement and (3) 110-gallon tanks of new oil above grade.
Total: [(3 x 500) + (3 x 110) = 1,830 gallons of petroleum. A basement tank does not meet the definition of Aboveground Petroleum Storage Tank. Revised total: 1830 – 1500 = 330 gallons of petroleum. Facility is not subject to the APST Program.

What is an aboveground petroleum storage tank?

An “Aboveground Petroleum Storage Tank” or “Storage Tank” is defined as a tank or container that has the storage capacity equal to or greater than 55 gallons of petroleum and that is substantially or totally above the surface of the ground. This includes storage tanks, process tanks, and 55-gallon drums/containers.

“Aboveground Storage Tank” does not include: pressure vessels or boilers, hazardous waste tanks (regulated by Department of Toxic Substance Control (DTSC)), oil production tanks, oil-filled electrical equipment (with specific restrictions), underground storage tanks (regulated under CCR Title 23), exempted underground storage tanks (ie: “basement tanks”), and transportation-related tank facility (regulated by Department of Transportation).

What is petroleum?

“Petroleum” is defined as crude oil, or any fraction thereof, that is liquid at 60°F at normal atmospheric pressure. This includes petroleum-based substances comprised of a complex blend of hydrocarbons.

Common “petroleum” substances include: motor oil, hydraulic oil, gear oil, automatic transmission fluids (ATF), used oil, machine coolant, water-soluble coolant, gasoline, diesel, jet fuel, residual fuel oils, lubricants, petroleum solvents, and water/oil mixture.

"Petroleum" does not include antifreeze, liquid propane gas (LPG), acetone, and alcohol (i.e., ethanol, methanol, etc.). 

Examples of "petroleum" substances:

What are APST owner/operator responsibilities?

Owner/Operator of an aboveground petroleum storage tank facility must:

• Submit a tank facility statement to CUPA for review by January 1, 2009, and annually thereafter.

• Develop and implement a Spill Prevention Control and Countermeasure (SPCC) Plan  (if applicable)

• Conduct periodic inspections of the storage tank

• Pay an annual fee to CUPA, effective January 1, 2010

• Immediately notify the Office of Emergency Services (800-852-7550) and the CUPA (714-433-6000) of a spill or other releases of 42 gallons or more of petroleum

• Manage the aboveground petroleum storage tank in a manner that protects the environment

What is a tank facility statement?

A tank facility statement must:

• Be submitted to CUPA for review by January 1, 2009, and annually thereafter.

• Include the following information:

  • Name and address of the tank facility

  • Contact person for the tank facility

  • Total storage capacity of the tank facility

  • Location, size, age, and contents of each storage tank that exceeds 10,000 gallons in capacity and holds a substance containing at least 5 percent of petroleum.

• A copy of a previously submitted tank facility statement may be submitted in lieu of a new tank facility statement if no new or used storage tanks have been added to the facility or if no significant modifications have been made. Significant modifications include “altering existing storage tanks or changing spill prevention or containment methods.”

UPC Form: APST Facility Statement

What is a Spill Prevention Control and Countermeasure (SPCC) Plan and am I required to prepare and implement one?

Spill Prevention Control and Countermeasure (SPCC) Plan is a carefully thought-out plan that includes procedures, methods, and equipment at the facility to prevent discharges of petroleum from reaching navigable waters. SPCC Plan must be certified by a Registered Professional Engineer (PE) or the tank facility (self-certification). A complete copy of the SPCC plan must be maintained on site. The SPCC Plan must be reviewed, updated, and re-certified every five years.

SPCC Plan and certification requirements are based on the type and storage capacity of the tank facility:

¹Specific Requirements Apply: 1) Conduct a daily visual inspection of any aboveground storage tank that stores petroleum; 2) Allow CUPA to conduct periodic inspections of the tank facility; and 3) Install appropriate secondary containment system, if determined necessary by the CUPA.

²Full SPCC plan must be prepared in accordance with the Oil Pollution Prevention regulations in the Code of Federal Regulations (CFR), Title 40, Chapter I, Subchapter D, Part 112.

³USEPA SPCC Plan Template: Appendeix G

More information on SPCC Plan requirements can be found on:

• Cal-EPA website: www.calepa.ca.gov/CUPA/Aboveground/FactSheetSPCC.pdf

• US EPA website: www.epa.gov/emergencies/content/spcc/index.htm

OC CUPA Fee Schedule

All Other Tank Facilities:
1,320 gallons to 9,999 gallons & “Special” APST Tank Facility
(Farm, Nursery, Logging Site, or Construction Site)
Contact your Hazardous Waste Specialist