Any facility that has an aggregate aboveground petroleum storage capacity of 1,320 gallons or more, or stores petroleum products in a tank in an underground area (TIUGA) may be subject to the Aboveground Petroleum Storage Act (APSA). When determining the facility’s total petroleum storage quantity, it is the capacity that counts rather than the actual amount of petroleum stored. The capacity of all aboveground tanks, containers, hydraulic systems, and oil-filled manufacturing and operational equipment with a design/shell capacity equal to or greater than 55 gallons should be added together. Under APSA, petroleum is defined as crude oil or a fraction thereof which is liquid at 60°F and 14.7 pounds per square inch absolute pressure. It includes new and used oil; petroleum-based liquid fuels such as gasoline, diesel, and aviation fuels; lubricating oils; etc. Under this definition, petroleum does not include propane, liquid petroleum gas (LPG), liquid natural gas (LNG), or antifreeze.
Even if a facility may not be subject to APSA, be aware that the federal EPA’s SPCC rule regulates facilities with aboveground storage tanks that contain oil of any kind, including mineral, synthetic, animal, and vegetable oils in addition to petroleum. Therefore some facilities which are not captured under APSA may be subject to federal regulation and US EPA oversight. US EPA still retains full and complete authority to administer, inspect and enforce federal SPCC requirements at all California facilities subject to 40 CFR Part 112. Although the two programs are similar, there are some significant differences. Any questions or clarifications on the federal SPCC program should be directed to US EPA. For federal SPCC guidance and the latest information, see the Oil Spills page and the Spill Prevention, Control, and Countermeasure (SPCC) Rule page on the U.S. EPA website.