Imperial CUPA Aboveground Petroleum Storage Act Program

Program Overview

The Aboveground Petroleum Storage Act (APSA) Program for Imperial County now includes the Spill Prevention, Control and Countermeasure (SPCC) Plan requirements (Code of Federal Regulations, Title 40, Section 112), that were once under the purview of the Regional Water Quality Control Board.  California Health and Safety Code, Division 20, Chapter 6.67, outlines the requirements for the Aboveground Storage facilities.  California state law (APSA) defines a "Tank Facility" as a facility that stores 1,320 gallons or more ofpetroleumin aboveground storage tanks (including drums 55-gallons in size and greater).  The CUPA regulates businesses storing petroleum in aboveground containers and tanks.  Spill Prevention, Control, and Countermeasure (SPCC) Plans are required for Tank Facilities.  Large Tank Facilities (storing more than 10,000 gallons) must use a Professional Engineer to certify the SPCC Plan. 

Regulatory Authority:
Federal:
  Code of Federal Regulations, Title 40, Section 112

State Law: California Health and Safety Code, Chapter 6.67, Sections 25270 - 25270.13

Definition of Petroleum:  Crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.  (Excludes propane, liquid natural gas, liquefied petroleum gas and asphalt)

There are four types of APSA regulated facilities.

  1. APSA Exempted Facilities
    A tank facility located on a farm, nursery, logging site, or construction site, while still regulated under APSA, is conditionally exempt from the APSA requirement to prepare and implement a SPCC plan if
  • no storage tank at the location exceeds 20,000 gallons, and
  • the cumulative storage capacity of the tank facility does not exceed 100,000 gallons.

These facilities are still subject APSA program fees, Tank Facility Statement/Business Plan submission, and inspection by Unified Program Agencies (UPAs).  The owner or operator of an exempted tank facility located on a farm, nursery, logging site or construction site, is required to take the following actions:

  • conduct a daily visual inspection of any aboveground tank storing petroleum
  • allow the UPA to conduct a periodic inspection of the tank facility
  • if the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks.
  1. Tiered I Qualified Facilities
    If a facility stores 10,000 gallons or less of aggregate (total) aboveground petroleum storage capacity and if it meets the following requirements, the facility is termed a tiered I qualified facility.  It is qualified to use the Tier I SPCC template and self-certify, rather than employing a Professional Engineer to certify the SPCC plan.
  • Within any 12-month period, three years prior to Plan Certification date, has had

    No single discharge of oil to navigable water or adjoining shoreline exceeding 1,000 gallons; or

    No two discharges of oil to navigable water or adjoining shoreline each exceeding 42 gallons

  • No individual/single aboveground storage tank greater than 5,000 gallons capacity.

In order to qualify for the Tier I category, the facility must complete, self-certify and implement theTier I SPCC Plan template(Appendix G to 40 CFR 112) in lieu of a full Professional Engineer-Certified Plan.

  1. Tiered II Qualified Facilities
    If a facility stores 10,000 gallons or less of aggregate (total) aboveground petroleum storage capacity and if it meets the following requirements, the facility is termed a tiered II qualified facility.  It is qualified to use the Tier I SPCC template and self-certify, rather than employing a Professional Engineer to certify the SPCC plan.
  • Within any 12-minth period, three years prior to Plan Certification date, has had

    No single discharge of oil to navigable water or adjoining shoreline exceeding 1,000 gallons; or

    No two discharges of oil to navigable water or adjoining shoreline each exceeding 42 gallons

  • Has individual/single aboveground storage tank greater than 5,000 gallon capacity

In order to qualify for the Tier II category, the facility must complete, self-certify and and implement the Tier II SPCC Plan Template in accordance with all applicable requirements of 40 CFR 112.6 and 112.7 and subpart B in lieu of a full Professional Engineer-Certified Plan.
SPCC Template

  1. Non-Qualified Facilities
    A facility that does not qualify as Tiered I or Tiered II must prepare a SPCC plan in accordance with good engineering practice.  No specific format is required.  As long as the Plan contains all the required 40 CFR elements, is facility-specific and is prepared in accordance with a good engineering practice, any format may be used.
    Example of SPCC Plan

APSA Forms and Publications 

Contact Us
Imperial CUPA Office
627 Wake Avenue
El Centro, California 92243
Phone: (760) 352-5782
Fax: (760) 352-1641
Toll Free Numbers: 1-866-357-3990

Qualified or Non Qualified

APSA Flowchart