The Ventura County Environmental Health Division (CUPA) regulates facilities subject to the Aboveground Petroleum Storage Act (APSA) within Ventura County with the exception of the City of Oxnard, and the City of Ventura. Facilities are subject to APSA if they are:
- Subject to Code of Federal Regulations Title 40, Part 112 (SPCC rule) or
- Have a storage capacities of petroleum products (What is Petroleum?) at or above 1,320 gallons in “regulated” (summary applicability chart) aboveground storage containers, tanks or equipment or
- The tank facility has a storage capacity of less than 1,320 gallons of petroleum product and has one or more tanks in an underground area meeting the specified conditions.
Facilities that are subject to APSA must prepare a Spill Prevention, Control, and Countermeasure Plan in accordance with the oil pollution prevention guidelines in the Federal Code of Regulations 40 CFR 112 and submit the APSA program element electronically in CERS (do not upload the SPCC plan).
To calculating the total aggregate petroleum storage, include all aboveground storage containers, tanks and equipment with a “storage capacity” (shell capacity) of 55 gallons or more.
Also subject to APSA are:
- Mixtures that contain any fraction of petroleum are considered to be petroleum and therefore the total mixture must be included when determining the tank facility’s total aggregate storage capacity.
- Asphalt cutbacks, oil and emulsions that are liquid at ambient temperature. Hot-mix asphalt (HMA) and HMA containers are exempt.
- Alternative transportation fuels that are a mixture containing petroleum (Biodiesel and Ethanol)
Farms, nurseries, construction sites and logging sites may qualify as “conditionally exempt” from some requirements of APSA. New Federal law has provided additional exceptions for certain farms and nurseries from SPCC Rule. (Farm guidance)
Tanks “excluded” from the definition of an aboveground tank in APSA include: Oil-filled electrical equipment, Oil production tanks, Boiler and pressure vessels, hazardous waste treatment tanks under DTSC permit, tanks regulated as UST’s, transportation related activities and farm tanks exempt from SPCC Rule. Only the specific tanks are exempt, not the facility.
SPCC Rule provides 3 categories of SPCC plans (chart) based on facility storage capacity:
- Non-Qualified Facilities are facilities with a total aggregate aboveground storage capacity of 10,000 gallons or more. These facilities are required to prepare a complete SPCC plan with PE Certification.
- Tier II Qualified Facilities are facilities with a total aggregate aboveground storage capacity of 1320 gallons or more but less than 10,000 gallons and having 1 tank that is greater than 5,000 gallons. These facilities are required to prepare a Tier II SPCC plan that is PE certified or self-certified. (Tier II template)
- Tier I Qualified Facilities are facilities with a total aggregate aboveground storage capacity of 1320 gallons or more but less than 10,000 gallons and do not have any tank that is 5,000 gallons or more. These facilities are required to prepare a Tier I SPCC plan that is self-certified. (Tier I template) (Sample Tier I plan)
***Note: A facility subject to APSA must include all oils and tanks exempt from APSA in the facility storage capacity to determine the type of plan required for the facility. The type of plan prepared for a facility is a Federal SPCC rule requirement.
APSA facilities are required to annually submit a Tank Facility Statement or Hazardous Materials Business Plan (HMBP). Ventura County CUPA requires APSA facilities to annually submit the Hazardous Materials Business Plan electronically in CERS on or before the annual due date to satisfies the Tank Facility Statement requirement. Tank Facility Statements are not accepted unless a facilities is not subject to HMBP.
CUPA is required to establish a fee in order to administer the inspection and enforcement of APSA and to collect a surcharge for Office of the State Fire Marshall for oversight of the program. Conditionally exempt facilities are not exempt from the APSA surcharge.
Links and Bulletins
- APSA Permitting, Guidance and Compliance Forms
- Additional APSA Guidance Documents, Publications, and Training
- Assembly Bill No. 1130 - Aboveground Petroleum Storage Tanks
- APSA Fact Sheet - CalEPA factsheet summarizing the AB1130 (APSA)
- SPCC Fact Sheet - CalEPA factsheet summarizing SPCC requirements
- On Line APSA and SPCC Training - San Diego County Environmental Health
Ventura County CUPA Contacts
805 654 - 2823
Other Regulatory Contacts
805 - 320-8337