Farm APSA and SPCC Plan Requirements Flow Chart
APSA1
Federal SPCC Rule2
Tank Facility
No
Facility is located on a
farm, nursery, logging, or
construction site.
Yes
≥ 1,320 gallons of
Yes
petroleum in
containers ≥ 55 gallons
Yes
Reasonable
expectation that a
release of oil could
reach navigable waters
or adjoining shorelines
of the United States
Prepare and implement a SPCC Plan in
accordance with the Federal Rule
Yes
No
No
Yes
Prepare and
implement a SPCC
Plan in accordance
with the Federal
Rule
No
Facility stores ≤ 100,000
gallons aggregate or ≤
20,000 gallons in largest
Yes
container
Yes
Facility owner/operator may
utilize an exemption to
prepare a SPCC Plan under
APSA; must meet the
following conditions for
3
exemption :
No
≥ 1,320 gallons of
petroleum, vegetable
oils, grease, animal
fats, etc. in containers
No
≥ 55 gallons
Yes
May not need SPCC
Plan under Federal
Rule but will still be
4
subject to APSA
≤ 10,000 gallon
aggregate storage
– May Self Certify
Plan (Qualified
5
Facility )
>10,000 gallon
aggregate – PE
reviewed and
signed SPCC (Non
6
Qualified Facility )
No
SPCC Plan not
required under
Federal Rule
≤ 5,000 gallon
largest
container – Tier
I Plan Template
> 5,000 gallon
largest
container – Tier
II Plan Template
1) Conduct daily tank
inspections
2) Allow CUPA to
inspect tank facility
3) Install secondary
containment if CUPA
requires
Footnotes:
1
Yes
2
3
Facility is exempt from
preparing a SPCC Plan
7
under APSA
4
5
6
7
Aboveground Petroleum Storage Act (APSA) – Health & Safety Code (HSC) §§25270-25270.13
Spill Prevention, Control, and Countermeasure (SPCC) Plan Rule: Code of Federal Regulations, Title 40, Part 112
Exemption Criteria: HSC §25270.4.5(b).
HSC §25270.3; a tank facility which stores ≥ 1,320 gallons of petroleum is subject to APSA
Facility must also have had no single discharge to navigable waters or adjoining shorelines exceeding 1,000 gallons and no two discharges
each exceeding 42 gallons within any 12 month period in the prior 3 years to become a Qualified Facility.
A Qualified Facility may become a Non-Qualified Facility if discharges described in footnote five have occurred.
Although exempt from preparing a SPCC under APSA, the Federal Rule has no such exemption