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Aboveground Petroleum Storage

Businesses that store greater than 1,320 gallons of petroleum products (new or used) in aboveground tanks and/or containers 55 gal or more are required to develop and implement a Spill Prevention Control and Countermeasure (SPCC) Plan by November 10, 2011 or earlier see Table I. This Plan is to be certified by a professional engineer unless you are a "Qualified Facility" see Table II.

Legislation (AB 1130) transfers the authority for inspecting the business that requires a SPCC Plan from the State Water Resources Control Board (SWRCB) to the local Certified Unified Program Agencies (CUPA) effective January 1, 2008. Aboveground Petroleum Storage Act, adopted in chapter 6.67 of the Health and Safety Code requires the CUPA's to ensure that businesses that are required to have a SPCC Plan are implementing that plan.

Effective January 1, 2010, the local CUPA's will be charging the businesses that must implement a SPCC Plan according to the Aboveground Petroleum Storage Act, a fee as part of the annual CUPA fee.

Table I
A facility starting operation... Must...
On or before August 16, 2002 Continue to maintain its existing SPCC Plan in accordance with the SPCC rule. Amend and implement that Plan no later than November 10, 2010
After August 16, 2002, through November 10, 2011 Prepare and implement an SPCC Plan no later than November 10, 2011
After November 10, 2011 Prepare and implement an SPCC Plan before beginning operations

Table II
Tier I Tier II
10,000 gallons or less of aggregate (total) aboveground storage capacity
Within any 12 month period, three years prior to Plan certification date, has been:
  • No single discharge of oil to navigable water or adjoining shoreline exceeding 1,000 gallons; and
  • No two discharges of oil to navigable water each exceeding 42 gallons
No individual/single aboveground storage tank greater than 5,000 gallon capacity Has individual/single aboveground storage tanks greater than 5,000 gallon capacity
Then...SPCC Plan Requirements:
Complete, self-certify and implement the SPCC Plan template (Appendix G to 40 CFR 112) in lieu of a full PE-certified Plan. Prepare and implement a self-certified SPCC Plan in accordance with all applicable requirements of 40 CFR 112.6 and 112.7 and subpart B.


All facilities must submit 2016 CUPA packet through CERS.
Enter here for CERS instructions