In California, businesses that store petroleum or oil products may be required to comply with either the Spill Prevention, Control, and Countermeasure (SPCC) rule or the Aboveground Petroleum Storage Act (APSA) — or in some cases, both. Understanding the differences between these programs and determining which one applies to your business is essential for maintaining regulatory compliance and protecting the environment.
What is SPCC?
The SPCC Rule is a federal regulation established under the Clean Water Act (CWA) and enforced by the U.S. Environmental Protection Agency (EPA). It applies to facilities that store large quantities of oil or petroleum products and have the potential to discharge oil into navigable waters or adjoining shorelines.
SPCC Applicability:
- Facilities with an aboveground oil storage capacity of 1,320 gallons or more or underground storage capacity of 42,000 gallons or more.
- Storage containers must be 55 gallons or larger to be included in the threshold.
- Facilities must have a reasonable expectation of a discharge that could affect navigable waters.
SPCC Plan Requirements:
- Prepare and implement a written SPCC Plan certified by a Professional Engineer (PE), unless the facility qualifies for a self-certified Tier I or Tier II plan.
- Include measures to prevent, control, and respond to oil spills.
- Conduct regular inspections, testing, and employee training.
What is APSA?
The Aboveground Petroleum Storage Act (APSA) is a California-specific regulation overseen by the Certified Unified Program Agencies (CUPAs) and is designed to complement SPCC regulations by applying additional state-specific requirements.
APSA Applicability:
- Facilities with an aboveground petroleum storage capacity of 1,320 gallons or more.
- This includes petroleum-based products such as gasoline, diesel, lubricating oils, and other hydrocarbon-based materials.
- Farms, nurseries, logging, and construction facilities with storage capacities over 100,000 gallons also fall under APSA.
APSA Requirements:
- Prepare and implement an SPCC Plan in compliance with federal regulations.
- Conduct periodic inspections and audits to ensure compliance.
- Annual submission of a Tank Facility Statement to the CUPA.
- Payment of an annual APSA fee.
Key Differences Between SPCC and APSA
- Jurisdiction:
- SPCC is a federal program governed by the EPA.
- APSA is a state-level regulation enforced by local CUPAs.
- Scope:
- SPCC covers all oil types, including vegetable oils, animal fats, and synthetic oils.
- APSA is specific to petroleum-based products stored aboveground.
- Reporting and Fees:
- SPCC does not require annual reporting or fees.
- APSA requires facilities to submit an annual Tank Facility Statement and pay an annual fee.
How to Determine If Your Business Needs SPCC or APSA Compliance
To determine whether your business needs to comply with SPCC, APSA, or both, consider the following steps:
- Evaluate Storage Capacity:
Add the capacity of all aboveground tanks and containers 55 gallons or larger. If the total exceeds 1,320 gallons, SPCC and APSA may apply. - Assess Stored Products:
Identify whether the stored materials are petroleum-based (APSA) or any type of oil or hazardous substance (SPCC). - Consider Potential for Spill Impact:
Determine if there is a reasonable risk of oil reaching navigable waters or shorelines. - Consult Local CUPA:
Contact your CUPA for specific APSA compliance requirements, fees, and local regulations.
CDMS offers expert solutions to help businesses evaluate and enhance their hazardous waste storage practices. Contact us today for guidance that is tailored to your operational needs and ensure compliance with California’s stringent standards. By understanding these requirements, businesses can ensure compliance and protect the environment from potential petroleum and oil-related spills.
