CALIFORNIA ABOVEGROUND PETROLEUM STORAGE ACT (APSA)

PROGRAM IMPLEMENTATION & COMPLIANCE

DISCLAIMER

This Frequently Asked Questions (FAQ) document provides guidance to UPA staff and inspectors, as well as to owners and operators of facilities that may be subject to the requirements of the Aboveground Petroleum Storage Act (APSA). The statutory provisions described in this document contain legally binding requirements. This document does not substitute for those provisions or regulations, nor is it a regulation itself. In the event of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling. Thus, it does not impose legally binding requirements on the State, UPAs or the regulated community, and might not apply to a particular situation based upon certain circumstances. The word “should” as used in this document is intended solely to recommend or suggest, in contrast to “must” or “shall” which are used when restating regulatory requirements. While this guidance document indicates the State’s strongly preferred approach to assure effective implementation of legal requirements, the State retains the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate. Any decisions regarding a particular facility will be made based on the statute. This is a living document and may be revised periodically without public notice. This document will be revised, as necessary, to reflect any relevant future statutory amendments.

This document does not intend to give guidance on the U.S. EPA Spill Prevention Control and Countermeasure (SPCC) requirements. Any questions or clarifications on the SPCC program should be directed to the U. S. EPA. website.

VII. Annual Tank Facility Statement

1. Who determines the format and content of the Annual Tank Facility Statement that the owner or operator of a regulated tank facility is required to submit to the UPA?

The required information that must be included in the Annual Tank Facility Statement is provided in HSC section 25270.6 of the Act. However, the Act does not provide a format for the statement. The owner or operator may either develop their own format or use one developed by their UPA, if their UPA has developed a standard format for the Annual Tank Facility Statement.

2. Although it states that the business plan can be used in lieu of the annual tank facility statement, it would be easier for us to require the regulated businesses to submit an annual statement instead of a complete business plan (which is not required to be submitted every year). Can we make that determination for our UPA’s businesses? All of our business submittals at some point will be electronic, so a one page tank statement is easier than a business plan.

The facility is not required to submit an annual statement if they are already in compliance with the business plan program. Although a completed business plan must be submitted once every three years, the chemical inventory is required to be updated annually (whether a submittal of a completed inventory or the annual certification of 'no change'). At the discretion of the UPA, additional information required by the UPA may be collected on the “locally collected information” box of the Business Plan.