1. Aboveground Petroleum Storage Act Workshop (APSA)

2. Introduction (Brian Pitts) Introduction (Brian Pitts) To whom does APSA apply? To whom does APSA apply?  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. History of California’s Above Ground Tank program.  Been in effect since 1990 Why here and why now? Why here and why now?  In 2007 the California Legislature shifted an existing state program to local agencies. The California legislative “solution.” The California legislative “solution.”  Requirements from the state HAVE NOT changed. Delegation of authority and responsibility to local agencies (the “Laird” bill). Delegation of authority and responsibility to local agencies (the “Laird” bill).

3. Aboveground Petroleum Storage Act (APSA) Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered October 13, 2007 Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered October 13, 2007 The Bill: The Bill: Is effective on January 1, 2008. Is effective on January 1, 2008. Transfers the authority and responsibility for administration of the APSA from the SWRCB and RWQCBs to the CUPAs. 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 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. 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. 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.

4. Aboveground Petroleum Storage Act (APSA) Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered October 13, 2007 Aboveground Petroleum Storage Act; Assembly Bill 1130 (Laird); Chaptered October 13, 2007 The Bill: The Bill: Requires the owner or operator of a tank facility to annually file a tank facility statement with the CUPA. 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. 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. Prevents CUPA’s from assessing and collecting an APSA-related fee from tank facilities until January 1, 2010.

5. Aboveground Petroleum Storage Act (APSA)

6. Aboveground Petroleum Storage Act Workshop (APSA) The “new” APSA program 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 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. New fees being proposed to the Board of Supervisors. 1320 gallons to 9999 gallons capacity$100/year/facility 1320 gallons to 9999 gallons capacity$100/year/facility 10,000 gallons to 99,999 gallons capacity$200/year/facility 10,000 gallons to 99,999 gallons capacity$200/year/facility 100,000 gallons capacity and above$400/year/facility 100,000 gallons capacity and above$400/year/facility

7. 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

8. Aboveground Petroleum Storage Act Workshop (APSA) Questions? Questions? If you have written comments please send them to: If you have written comments please send them to: brianp@co.kern.ca.us brianp@co.kern.ca.usbrianp@co.kern.ca.us