Aboveground petroleum storage tank definitions and requirements

The Aboveground Petroleum Storage Act (APSA) is a state program that applies to tank facilities with aboveground storage of petroleum based liquids. There are no exemptions for wastewater treatment systems or facilities similar to the exemption contained in the Federal SPCC regulation. Learn more about the Aboveground Petroleum Storage Act (APSA).

Storage tank facilities

The tank facility operator is responsible for the day-to-day operations and control of the tank facility. 

An aboveground tank facility has at least 1 aboveground storage tank or container:

• With a capacity of 55 gallons or more
• Contains a petroleum product including:
  • Automotive Fuels and other petroleum-based internal combustion engine fuels
  • Aviation Fuels
  • Heating Oil and Distillates
  • Fuel Oils and distillate fuels (turbine, boiler, and other types)
  • Biodiesel Fuel (Unless 100% Biodiesel)
  • Illuminating Oils (e.g. lamp oils)
  • Gasoline and other fuel blending stocks
  • Petroleum-based lubricating, tapping, seal, penetrating, machining, and road oils
  • Petroleum Solvents
  • Petroleum Spirits (mineral spirits, Stoddard solvent, paint thinners, etc.)
  • Hydrocarbon liquids such as Napthas and naphthalenes of all types
  • Olefins, alkanes, alkylates, aromatics
  • Petroleum-based inks and ink extenders
  • Oil-based paints, coatings, thinners and solvents
  • Mineral oil (derived from petroleum)
  • Crude Oil
  • Oil-filled equipment such as hydraulic systems/reservoirs and heat transfer systems
• Used by a single business entity at a single location or site
• Including tank piping

Qualified facilities

A qualified facility is a smaller oil storage facility. The facility must:

• Have 10,000 gallons or less in total aboveground oil storage capacity
• No single discharge to navigable waters or adjoining shorelines exceeding 1,000 gallons 
• No 2 discharges exceeding 42 gallons each within any 12 month period over the last 3 years

There are two types of qualified facilities:

• Tier I facilities have no container with a capacity of more than 5,000 gallons
• Tier II facilities have a container with a capacity of more than 5,000 gallons

Both tiers are eligible for fewer regulatory requirements:

• Self-certified Spill Prevention Control and Countermeasure (SPCC) Plan instead of one reviewed and certified by a Professional Engineer
• Can use the EPA SPCC Template for Tier I facilities to prepare plan
• Streamlined integrity testing requirements
• Streamlined facility security requirements

Exceptions

These exceptions are not considered aboveground storage tanks:

• A pressure vessel or boiler described in the California Labor Code
• A tank containing hazardous waste, under certain conditions
• An aboveground oil production tank described in the California Public Resources Code
• Oil filled electrical equipment if the oil-filled electrical equipment:
  • Contains less than 10,000 gallons of dielectric fluid
  • Contains 10,000 gallons or more of dielectric fluid and has:
    • PCB levels less than 50 parts per million
    • Appropriate containment or diversionary structures or equipment to prevent discharged oil from reaching a navigable water course
    • Electrical equipment that is visually inspected with regular maintenance procedures
    • Examples include transformers, circuit breakers, or capacitors
• A tank regulated as an underground storage tank under chapter 6.7 of the H&SC and Title 23 of the California Code of Regulations
• Any transportation–related tank facility, controlled by the US Department of Transportation defined in Title 40 of the Code of Federal Regulations

These are non-petroleum based products that are excluded from APSA but are subject to the Federal SPCC rule:

• 100% Biodiesel Fuel
• Oils derived from Vegetables and other Plants (e.g. Nuts, Seeds, fruits, kernels, etc.)
• Animal Fats and Greases

If your facility stores these products, the Federal Oil Spill Prevention Program may apply to you.

Conditionally exempt facilities

These tank facilities do not need to meet prepare a Spill Prevention Control and Countermeasure (SPCC) Plan for the APSA requirement:

• Located on a farm, nursery, logging site, or construction site, while still regulated under APSA
• No storage tank at the location is more than 20,000 gallons
• The cumulative storage capacity of the tank facility does not exceed 100,00 gallons

If you operate a conditionally exempt facility, you must:

• Submit a Tank Facility Statement and/or Business Plan
• Pay applicable fees
• Conduct a daily visual inspection of any aboveground tank storing petroleum
• Allow the local regulatory agency to conduct periodic inspection of the tank facility
• If the local agency determines that 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 where the secondary containment will, at a minimum, contain the entire contents of the largest tank contained within the secondary containment plus precipitation, determined by the local agency