Aboveground Petroleum Storage Act (APSA) Program

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The Aboveground Petroleum Storage Act (APSA) was created to protect public health and the environment from potential contamination or harmful effects associated with unintentional releases from the aboveground storage of petroleum-based hazardous materials and wastes.

Alameda County Department of Environmental Health (ACDEH) is the Certified Unified Program Agency (CUPA) responsible for the administration, implementation and enforcement of APSA for facilities located in Alameda County, other than the cities of Berkeley, Fremont, Hayward, Livermore, Pleasanton, San Leandro, and Union City.

Authority:  California Health and Safety Code, Division 20, Chapter 6.67, §25270-25270.13

Program updates (What’s New)

Tanks In An Underground Area (TIUGA)

Effective July 1, 2018, all Tanks In An Underground Area (TIUGA) are now subject to the Aboveground Petroleum Storage Act (APSA).  Aboveground storage tanks with the capacity to store 55 gallons or more of petroleum located in underground areas may be regulated under APSA if certain conditions are met.  Examples of tanks in underground areas include: day tank for an emergency generator, tank connected to a fire pump, and a used oil tank.  For more information, please refer to the fact sheet for Tanks in Underground Areas in the APSA Program.

If your facility stores petroleum in tanks or containers with storage capacities of 55 gallons or greater in an underground area (TIUGA) or aboveground with a total storage capacity of 1,320 gallons or more, your facility is subject to the Aboveground Petroleum Storage Act (APSA).  Facilities regulated under APSA may include large petroleum tank facilities, aboveground fuel tank stations, vehicle repair shops, or buildings with diesel generators.

  • Submit the following information electronically via the California Environmental Reporting System (CERS) at https://cers.calepa.ca.gov/:
    • Facility Information Page
    • Hazardous Material Inventory
    • Emergency Response and Training Plan
    • Aboveground Petroleum Storage Act Documentation
    • Tank Facility Statement or a Hazardous Materials Business Plan every year
  • Prepare and maintain a copy of your Spill, Prevention, Control and Countermeasure (SPCC) Plan on site
  • Implement the procedures outlined in your SPCC Plan
  • Review and update your SPCC Plan every 5 years
  • Obtain an annual permit to operate from Alameda County Department of Environmental Health (ACDEH)

 

Frequently Asked Questions (FAQs)

How do I obtain a permit?

In the California Environmental Reporting System (CERS), submit the Facility Information submittal element and Aboveground Petroleum Storage Act Documentation. Once your submittal is reviewed by ACDEH, an invoice will be issued to your facility for your appropriate permit category. A permit will be issued once payment has been received by ACDEH.

The Spill Prevention, Control, and Countermeasure (SPCC) plan is a plan that every facility subject to APSA must develop and implement to prevent a discharge of oil into navigable waters or adjoining shore lines. The SPCC plan must contain the following:
  • Facility’s operating procedures implemented to prevent oil spills
  • Installed control measures to prevent oil spills from entering navigable waters or adjoining shorelines
  • Countermeasures designed to contain, clean up, and mitigate the effects of an oil spill that occurred on navigable waters or adjoining shorelines

  • If your facility has ≤10,000 gallons total petroleum storage capacity and no tank is >5,000 gallons, you may use the Tier I SPCC Plan Template.
  • If your facility has ≤10,000 gallons total petroleum storage capacity and any individual tank is >5,000 gallons, you may self-certify using the Tier II SPCC Plan Template​, but may not use the Tier I SPCC Plan Template.
  • Facilities with >10,000 gallons total storage capacity must have a registered Professional Engineer (P.E.) review and certify the SPCC Plan.

Farms, nurseries, logging and construction sites with a tank less than 20,000 gallons and a total petroleum storage capacity of less than 100,000 gallons are conditionally exempt from completing and implementing an SPCC Plan. However, these exempt facilities must do the following:
  • Submit Facility Information and required APSA Documentation in CERS
  • Conduct daily inspections of ASTs in compliance with Federal SPCC rules
  • Pay annual invoice to keep an active APSA permit
  • Allow ACDEH to conduct periodic inspections
  • Notify ACDEH and Cal OES of a spill or release of 42 gallons or more of petroleum

In the event of a petroleum release or spill from an APSA tank facility, contact the California Office of Emergency Services (State Warning Center) and the UPA or 911. Cleanup or abatement may be required. 

 California State Warning Center

(916) 845-8911
3650 Schriever Avenue, Mather, California 95655-4203

Some facilities with less than 1,320 gallons of petroleum with a Tank In An Underground Area would be subject to APSA.

Under APSA, a Tank In An Underground Area is a stationary tank to which all of the following apply:

  • The storage tank has the capacity to store 55 gallons or more of petroleum.
  • The storage tank is located on or above the surface of the floor in a structure at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault.
  • The structure in which the storage tank is located must provide for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs.
  • The storage tank meets one or more of the following categories:
    • Lubricant/coolant tank – Contains petroleum (new or used oil) as lubricant or coolant in motor engines, transmissions, or oil-filled operational or manufacturing equipment.
    • Hazardous waste tank – Contains petroleum that is considered a hazardous waste and complies with the hazardous waste tank standards in the California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 15, Article 10.
    • Petroleum storage tank used solely in connection with a fire pump or an emergency system – The structure in which the storage tank is located must allow for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.

A TIUGA with less than 55 gallons of petroleum capacity may be regulated under APSA. However, a tank facility with only a TIUGA that has a capacity to store less than 55 gallons of petroleum, has secondary containment, is inspected monthly, and the owner or operator maintains a log of inspection records for review by the CUPA upon request, is excluded from APSA requirements.

Facilities with a Tank In An Undeground Area may use a qualified facility SPCC Plan template or prepare a full SPCC Plan.