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The Aboveground Petroleum Storage Act of 1990 requires owners and operators of Aboveground Petroleum Storage Tanks (APST) to file a storage statement with the State Water Resources Control Board and implement spill prevention measures by developing and utilizing a Spill Prevention Control and Countermeasure (SPCC) Plan that is specific for the site.

Facilities that have cumulative aboveground storage capacities of petroleum products above 1320 gallons are covered by this law.

Petroleum means crude oil or any fraction that is liquid at 60 degrees Fahrenheit at normal atmospheric pressure. This includes petroleum-based substances comprised of a complex blend of hydrocarbons, such as gasoline, diesel, jet fuels, residual fuel oils, lubricants, some petroleum solvents, and used oils. Additionally, substances such as food grade oils act like petroleum when spilled in water and are covered by the federal act.

SPILL PREVENTION CONTROL & COUNTERMEASURE PLAN (SPCC)

SPCC plans must be prepared in accordance with the oil pollution prevention guidelines in the Federal Code of Regulations (40 CFR 112). These plans must include procedures, methods, and equipment at the facility to prevent discharges of petroleum from reaching navigable waters. SPCC plans must be certified by a Registered Professional Engineer and a complete copy must be maintained on site. Specific requirements of the SPCC Plan can be found in 40 CFR section 112 or the California Health and Safety Code Chapter 6.67, section 25270 et seq..

Information on SPCC plans can be obtained by calling the U.S. EPA Region 9 office at (415) 947-8000. Guidance is also provided at the U.S. EPA site at http://www.epa.gov/oilspill.

SPCC INSPECTIONS

As part of the CUPA inspection, the Department is mandated to identify facilities storing threshold amounts of petroleum products in aboveground storage tanks and containers, and to verify submittal of the storage statement and the existence of SPCC Plans. Non-compliant facilities may be referred to US EPA Region 9 for enforcement.