aboveground petroleum storage act workshop (apsa)

Aboveground Petroleum Storage Act Aboveground Petroleum Storage Act Workshop (APSA)Workshop (APSA)


Introduction (Brian Pitts)Introduction (Brian Pitts) To whom does APSA apply?To whom does APSA apply?

NO change. It is an existing program applicable to any business NO change. It is an existing program applicable to any business storing petroleum (or fractions) above ground in aggregate amounts storing petroleum (or fractions) above ground in aggregate amounts greater than 1,320 per facility, except:greater than 1,320 per facility, except:

Oil production tanksOil production tanks Most farms with some exceptionsMost farms with some exceptions Most construction sites with some exceptionsMost construction sites with some exceptions

History of California’s Above Ground Tank program.History of California’s Above Ground Tank program. Been in effect since 1990Been in effect since 1990

Why here and why now?Why here and why now? In 2007 the California Legislature shifted an existing state program to In 2007 the California Legislature shifted an existing state program to

local agencies.local agencies. The California legislative “solution.”The California legislative “solution.”

Requirements from the state HAVE NOT changed.Requirements from the state HAVE NOT changed.

Delegation of authority and responsibility to local agencies (the “Laird” Delegation of authority and responsibility to local agencies (the “Laird” bill).bill).

Aboveground Petroleum Storage Act (APSA)Aboveground Petroleum Storage Act (APSA)

Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered October 13, 2007 Chaptered October 13, 2007

The Bill:The Bill: Is effective on January 1, 2008.Is effective on January 1, 2008. Transfers the authority and responsibility for administration of the Transfers the authority and responsibility for administration of the

APSA from the SWRCB and RWQCBs to the CUPAs.APSA from the SWRCB and RWQCBs to the CUPAs. Requires the owner or operator of a tank facility, with an aggregate Requires the owner or operator of a tank facility, with an aggregate

storage capacity ≥ 1,320 gallons of petroleum, to prepare and storage capacity ≥ 1,320 gallons of petroleum, to prepare and implement an SPCC plan in accordance with federal law, 40CFR112. implement an SPCC plan in accordance with federal law, 40CFR112.

Requires the CUPA’s to conduct inspections at tank facilities with an Requires the CUPA’s to conduct inspections at tank facilities with an aggregate storage capacity ≥ 10,000 gallons of petroleum at least aggregate storage capacity ≥ 10,000 gallons of petroleum at least every three years. The purpose of the inspection is to determine every three years. The purpose of the inspection is to determine whether the owner or operator is in compliance with the SPCC plan whether the owner or operator is in compliance with the SPCC plan requirements of the APSA. requirements of the APSA.

Provides that the person conducting the inspection shall complete Provides that the person conducting the inspection shall complete an aboveground storage tank training program and satisfactorily an aboveground storage tank training program and satisfactorily pass an examination on the SPCC plan provisions and safety pass an examination on the SPCC plan provisions and safety requirements for aboveground storage tank inspections. The requirements for aboveground storage tank inspections. The training program and examination are to be developed by the training program and examination are to be developed by the Secretary. Secretary.


Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered October 13, 2007 Chaptered October 13, 2007

The Bill:The Bill: Requires the owner or operator of a tank facility to annually file Requires the owner or operator of a tank facility to annually file

a tank facility statement with the CUPA. a tank facility statement with the CUPA. Requires that the governing body of the CUPA establish Requires that the governing body of the CUPA establish

a fee, as part of the single fee system, at a level a fee, as part of the single fee system, at a level sufficient to pay the necessary and reasonable costs sufficient to pay the necessary and reasonable costs incurred by the CUPA in administering the APSA incurred by the CUPA in administering the APSA including but not limited to inspections, enforcement including but not limited to inspections, enforcement and administrative costs. and administrative costs.

Prevents CUPA’s from assessing and collecting an Prevents CUPA’s from assessing and collecting an APSA-related fee from tank facilities until January 1, APSA-related fee from tank facilities until January 1, 2010. 2010.


The “new” APSA programThe “new” APSA program The state of California passed a law saying CUPAs (city and The state of California passed a law saying CUPAs (city and

county agencies) are required to enforce federal regulations – county agencies) are required to enforce federal regulations – nothing new.nothing new.

We are required by the state to do the program.We are required by the state to do the program.

Old fees from the State Water Resources Control BoardOld fees from the State Water Resources Control Board Raised fees in 1990 without administering the program.Raised fees in 1990 without administering the program. Law requires local agencies to develop a fee program by January Law requires local agencies to develop a fee program by January

1, 2010.1, 2010.

New fees being proposed to the Board of Supervisors.New fees being proposed to the Board of Supervisors. 1320 gallons to 9999 gallons capacity1320 gallons to 9999 gallons capacity $100/year/facility$100/year/facility 10,000 gallons to 99,999 gallons capacity10,000 gallons to 99,999 gallons capacity $200/year/facility$200/year/facility 100,000 gallons capacity and above100,000 gallons capacity and above $400/year/facility$400/year/facility

Capacity Capacity (gallons)(gallons)

Long Long BeachBeach

YubaYuba El Segundo El Segundo Contra Contra CostaCosta

Kern Kern

< 10,000< 10,000 $125$125 $260$260 $63$63 $987$987 $100$100

10,000 to 10,000 to 100,000100,000

$460$460 $495$495 $125$125 $3,108$3,108 $200$200

100,000 to 100,000 to

1 million1 million$851$851 $810$810 $250$250 $4,661$4,661 $400$400

1 million to 1 million to 10 million10 million

$2,229$2,229 $810$810 $1,000$1,000 $6,215$6,215 $400$400

10 million to 10 million to 100 million100 million

$8,200$8,200 $810$810 $5,000$5,000 $9,097$9,097 $400$400

> 100 > 100 millionmillion

$11,730$11,730 $810$810 $18,750$18,750 $12,510$12,510 $400$400


Questions?Questions? If you have written comments please If you have written comments please

send them to:send them to:

[email protected]@co.kern.ca.us

mailto:[email protected]

aboveground petroleum storage act workshop (apsa)

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