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Aboveground Petroleum Storage Act APSA California Health Safety Code, Chapter 6.67, 25270

Presentation Overview. APSA ProvisionsApplicabilityExemptionsRequirements of APSADefinitionsSPCC Rule Overview. Types of FacilitiesCompliance DatesWhat Does This Mean For You?FeesAdditional Information. Major APSA Provisions. Establishes the California Aboveground Petroleum Storage Act

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Aboveground Petroleum Storage Act APSA California Health Safety Code, Chapter 6.67, 25270

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    3. Major APSA Provisions Establishes the California Aboveground Petroleum Storage Act (APSA) – passed October 2007, became effective on January 1, 2008. Provides definitions for AST, petroleum, storage capacity, etc. Defines applicability and exemptions for tank facilities.

    4. Major APSA Provisions Transfers the authority and responsibility of the APSA from the SWRCB and RWQCB to the CUPAs. Requires owner/operator of a regulated tank facility to prepare and implement a Spill Prevention Control & Countermeasure (SPCC) Plan. Requires the CUPAs to conduct inspections at regulated tank facilities with an aggregate storage capacity ?10,000 gallons of petroleum at least every 3 years.

    5. Major APSA Provisions Requires the CUPA inspectors to obtain training/certification. Establishes civil penalties <$5,000 for each day the violation continues. <$10,000 for a second or subsequent violation for each day the violation continues (H&SC 25270.12).

    6. Who is Subject to APSA? A tank facility is subject to APSA if: The tank(s) contain petroleum. The tank facility has a storage capacity of 1,320 gallons or more of petroleum.

    7. Who is Exempt? Farms, nurseries, logging and construction sites are NOT required to prepare and implement an SPCC Plan IF: No storage tank exceeds 20,000 gallons AND The cumulative storage capacity does not exceed 100,000 gallons.

    8. Exempt facilities are still regulated under APSA and required to: Submit a Tank Facility Statement. Submit fees annually. Conduct daily visual inspections. Allow the CUPA to conduct periodic inspections.

    9. Most oil-filled electrical equipment (transformers, circuit breakers, capacitors, etc.) are excluded: <10,000 gallons of dielectric fluid per piece of equipment; >10,000 gallons of dielectric fluid per piece of equipment: PCB concentration <50 PPM Appropriate containment or diversionary structure Visual inspections

    12. Requirements of APSA SPCC Plan Prepare an SPCC Plan in accordance with U.S. Code of Federal Regulations Title 40, Part 112 (40CFR112). Conduct periodic self inspections (inspections, tests, and records). Implement SPCC Plan in compliance with 40CFR112.

    13. Requirements of APSA Tank Facility Statement Annual submittal of a tank facility statement Form available online – www.emd.saccounty.net

    15. Requirements of APSA Spill Reporting Owner/operator of tank facility. Immediately report, upon discovery. 42 gallons or more of petroleum. Governor’s Office of Emergency Services (OES) and the CUPA.

    16. What is an AST? “…a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground” (HSC 25270.2(a)).

    27. Petroleum-based fuels (automotive, heating, etc.) Biofuels if they contain any percentage of petroleum (E85, B20, etc.) Gasoline Petroleum-based lubricating oils and greases (including waste oils)

    31. SPCC Rule Overview Code of Federal Regulations, Title 40 Part 112 Requirements help prevent oil discharges to navigable waters or adjoining shorelines. SPCC Plan should describe equipment, workforce, procedures, and training to prevent, control, and provide adequate countermeasures to a discharge of oil.

    35. Compliance Dates

    36. What Does This Mean for You? Prepare an SPCC Plan in accordance 40CFR112. Conduct periodic inspections (inspections, test, and records). Implement the SPCC Plan.

    37. CUPA inspection at least once every three years tank facilities that have a storage capacity of 10,000 gallons or more of petroleum. The purpose of the inspection is to determine whether the owner/operator is in compliance with the SPCC Plan Requirements of APSA. What Does This Mean for You?

    38. Facilities ?10,000 gallons Submit a Tank Facility Statement annually. Facilities ?10,000 gallons Submit initial Tank Facility Statement. Hazardous Materials Business Plan (HMBP) satisfies this requirement annually thereafter.

    39. Potential APSA Violations Failure to prepare and implement an SPCC Plan Failure to file a tank facility statement Failure to submit required annual fee (beginning 2010) Violations subject to fines & penalties

    40. Fees Each year, commencing in calendar year 2010, each owner/operator of a tank facility subject to the requirements of subdivision 25270.6(a) shall pay a fee to the CUPA, on or before a date specified by the CUPA. EMD will conduct fee workshops in the near future.

    42. Contact Information Environmental Management Department Phone: (916) 875-8550 Supervisor – Anthony Chu (916) 875-8405 EMD Website: www.emd.saccounty.net

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