Transcript Aboveground Petroleum Storage Act (APSA)

Aboveground Petroleum Storage Act Workshop
(APSA)
Aboveground Petroleum Storage Act Workshop
(APSA)
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Introduction (Brian Pitts)
To whom does APSA apply?
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NO change. It is an existing program applicable to any business storing
petroleum (or fractions) above ground in aggregate amounts greater than 1,320
per facility, except:
 Oil production tanks
 Most farms with some exceptions
 Most construction sites with some exceptions
History of California’s Above Ground Tank program.
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Been in effect since 1990
Why here and why now?
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In 2007 the California Legislature shifted an existing state program to local
agencies.
The California legislative “solution.”
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Requirements from the state HAVE NOT changed.
Delegation of authority and responsibility to local agencies (the “Laird” bill).
Aboveground Petroleum Storage Act (APSA)
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Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered
October 13, 2007
The Bill:
 Is effective on January 1, 2008.
 Transfers the authority and responsibility for administration of the APSA
from the SWRCB and RWQCBs to the CUPAs.
 Requires the owner or operator of a tank facility, with an aggregate
storage capacity ≥ 1,320 gallons of petroleum, to prepare and
implement an SPCC plan in accordance with federal law, 40CFR112.
 Requires the CUPA’s to conduct inspections at tank facilities with an
aggregate storage capacity ≥ 10,000 gallons of petroleum at least
every three years. The purpose of the inspection is to determine
whether the owner or operator is in compliance with the SPCC plan
requirements of the APSA.
 Provides that the person conducting the inspection shall complete an
aboveground storage tank training program and satisfactorily pass an
examination on the SPCC plan provisions and safety requirements for
aboveground storage tank inspections. The training program and
examination are to be developed by the Secretary.
Aboveground Petroleum Storage Act (APSA)
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Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered
October 13, 2007
The Bill:
 Requires the owner or operator of a tank facility to annually file a tank
facility statement with the CUPA.
 Requires that the governing body of the CUPA establish a fee,
as part of the single fee system, at a level sufficient to pay the
necessary and reasonable costs incurred by the CUPA in
administering the APSA including but not limited to
inspections, enforcement and administrative costs.
 Prevents CUPA’s from assessing and collecting an APSA-related
fee from tank facilities until January 1, 2010.
Aboveground Petroleum Storage Act (APSA)
Aboveground Petroleum Storage Act Workshop
(APSA)
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The “new” APSA program
 The state of California passed a law saying CUPAs (city and county
agencies) are required to enforce federal regulations – nothing new.
 We are required by the state to do the program.
Old fees from the State Water Resources Control Board
 Raised fees in 1990 without administering the program.
 Law requires local agencies to develop a fee program by January 1,
2010.
New fees being proposed to the Board of Supervisors.
1320 gallons to 9999 gallons capacity
$100/year/facility
10,000 gallons to 99,999 gallons capacity $200/year/facility
100,000 gallons capacity and above
$400/year/facility
Capacity
(gallons)
Long Beach
Yuba
El Segundo
Contra
Costa
Kern
< 10,000
$125
$260
$63
$987
$100
10,000 to
100,000
$460
$495
$125
$3,108
$200
100,000 to
1 million
$851
$810
$250
$4,661
$400
1 million to 10
million
$2,229
$810
$1,000
$6,215
$400
10 million to
100 million
$8,200
$810
$5,000
$9,097
$400
> 100 million
$11,730
$810
$18,750
$12,510
$400
Aboveground Petroleum Storage Act Workshop
(APSA)
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Questions?
If you have written comments please send
them to:
[email protected]