Program Elements

A Hazardous Material Business Plan (HMBP) is an electronic compilation of detailed information on the:

  • Business activities
  • Business owner/operator identification
  • Hazardous materials inventory stored and/or generated
  • Facility site map
  • Emergency response/contingency plan for procedures in the event of a release or threatened release of a hazardous material/waste
  • Employee training plan, which includes hazardous communications/SDS, annual training refresher courses, and safety procedures in the event of a release or threatened release of a hazardous material/waste, etc.

The intent of the HMBP is to provide basic information necessary for use by first responders in order to protect public health, safety, and the environment from a release or threatened release of a hazardous material/waste. The HMBP also satisfies the federal Tier II reporting requirements and the state Community Right-to-Know Act. The material threshold for this program is 55 gallons of a liquid, 500 pounds of a solid, 200 cubic feet of a compressed gas, and/or the applicable state/federal threshold quantity for an extremely hazardous material.

What is Hazardous Waste?

Hazardous wastes may be a liquid, solid or sludge. The wastes may be by-products of manufacturing processes or has been determined by the generator the material is no longer usable. If the waste has any of these four characteristics, it is considered hazardous:

  • Ignitability
  • Reactivity
  • Corrosivity
  • Toxicity

These materials or substances include, but are not limited to: spent solvents, paints (oil and latex), used oil, used oil filters, spent acids, corrosives, unwanted or expired products (pesticides, aerosol cans, cleaners, etc.), universal waste, and pharmaceutical waste. If the original material or substance is labeled danger, warning, toxic, caution, poison, flammable, corrosive or reactive, the waste is very likely to be hazardous.

The CUPA is charged with overseeing the Hazardous Waste Generator Program. The purpose of this program is to ensure that all hazardous wastes generated by businesses are properly handled, recycled, treated, stored, and/or disposed.

For more information on specific hazardous wastes contact this Division at (661) 862-8740 or the Department of Toxic Substance Control (DTSC).

Hazardous waste generators have different guidelines and storage time frames depending on their status and amount of hazardous waste generated. Conditionally Exempt Small Quantity Generator (CESQG), Small Quantity Generator (SQG), Large Quantity Generator (LQG), Resource Conservation Recovery Act (RCRA) waste generator are the different generator statuses that can be assigned. See the chart below for specific regulations and storage requirements.

 Small Quantity Generator SQG Large Quantity Generator LQG
 22 CCR § 66262.34(d), 66262.34(d)(3);
HSC § 25123.3 (h)(1)
22 CCR § 66262.34;
HSC § 25123.3
> 100 kg but < 1,000 kg or
> 200 lbs but < 2,240 lbs or
> 27 gal but < 270 gal
per month
≥ 1,000 kg or ≥ 2,240 lbs or ≥ 270 gal
per month
 < 1 kg or < 2.2 lbs of ≤ 0.3 gal
per month
acute or extremely hazardous waste
 > 1 kg or > 2.2 lbs or ≥ 0.3 gal
per month
acute or extremely hazardous waste
> 100 kg or > 2.2 lbs or > 27 gal
per month
acute spill residue or soil
 Accumulation Time Limits   Accumulation Time Limits
 22 CCR § 66262.34(d)(2),66262.34(d)(3)  22 CCR § 66262.34(a)
≤ 180 days or ≤ 270 days (if greater than 200 miles) ≤ 90 days

Refer to the Hazardous Waste Generator Requirements Summary Chart below and the and the Hazardous Waste Generator Requirements Fact Sheet for more information.

Hazardous Waste Generator Requirements Summary Chart

This chart is designed to give inspectors a fairly detailed comparison of the requirements as they apply to Large Quantity Generators (LQGs), Small Quantity Generators (SQGs). The table is not comprehensive. Information regarding acutely and extremely hazardous wastes are not addressed. Information regarding requirements for onsite treatment facilities is not addressed. For the purpose of consistency in application the following terms are used throughout this document as noted below:

Small Quantity Generator/SQG: A facility that generates less than 1,000 kg (2,200 lbs) of hazardous waste in any month. Hazardous waste is to be counted regardless of whether it is RCRA regulated or non-RCRA regulated.

Large Quantity Generator/LQG: A facility that generates greater than 1,000 kg (2,200 lbs) of hazardous waste in any month. Hazardous waste is to be counted regardless of whether it is RCRA regulated or non-RCRA regulated.

RCRA LQG: A facility that generates greater than 1,000 kg (2,200 lbs) or more of RCRA non-acute regulated hazardous waste in any month; or a business that generates or accumulates more than 1 kg (2.2 lbs) of RCRA acute hazardous waste. Hazardous waste is to be counted only if it is RCRA regulated. If the facility, in any month, accumulates at any time, more than 100 kg (220 lbs) of spill cleanup material contaminated with RCRA acute hazardous waste. This group/category is a subset of LQGs.

 

SQGs LQGs
HW Determination §66262.11 & 66260.200(a) & (c) §66262.11 & 66260.200(a) & (c) §66262.34(a); 40CFR §§262.34(a)
EPA ID Number §66262.12 §66262.12
Quantity Limits * >100 but < 1,000 kg/month §66262.34(d) HSC 25123.3 (h)(1) <1 kg of acute or extremely hazardous waste §66262.34(d)(3) ≥1,000 kg/month >1 kg/month of acute or extremely hazardous waste >100 kg/month of acute spill residue or soil §66262.34 and HSC 25123.3
On-Site Accumulation Quantity (2) ≤6,000 kg §66262.34(d)(1) HSC 25123.3(h)(1) No limit
Accumulation Time Limits (2), (3) ≤180 days or ≤270 days (if greater than 200 miles) §66262.34(d)(2) and (3) ≤90 days §66262.34(a)
Accumulation Extensions For RCRA wastes, a 30-day extension granted by DTSC §66262.34(c) For Non-RCRA waste, a 90-day extension granted by the CUPAs §66262.35 For RCRA wastes, a 30-day extension granted by DTSC §66262.34(c) For Non-RCRA waste, a 90-day extension granted by the CUPAs §66262.35
Storage Requirements Basic requirements with technical standards for tanks or containers §§66262.34(d)(2) and (3) SEE BELOW Full compliance for management of tanks, containers, drip pads, or containment buildings §66262.34(a) SEE BELOW
Container Management §§66262.34(d) & (f) 40 CFR 265.170-.177, except for .176 and .178. §66262.34(f) 66265.170-.178
Container Marking §66262.34(f) §66279.21(b) – used oil §66266.130(c)(3) – used oil filters HSC 25250.22- used fuel filters §66262.34(f) §66279.21(b) – used oil §66266.130(c)(3) – used oil filters HSC 25250.22- used fuel filters
Open Container Closed except when adding/ removing wastes §66262.34(d)(2) which refers to 40CFR 265.173(a) via 262.34(d)(2) Closed except when adding/removing wastes §66265.173(a) ref. from 66262.34(a)(1)(A)
Container Condition Free of severe rust, major dents, leakage. §66262.34(d)(2) which refers to 40CFR 265.171 via 262.34(d)(2) Free of severe rust, major dents, leakage. §66265.171 ref. from 66262.34(a)(1)(A)
Compatible Contents/Container Container compatible with waste placed in it. §66262.34(d)(2) which refers to 40CFR 265.172 via 262.34(d)(2) Container compatible with waste placed in it. §66265.172 ref. from 66262.34(a)(1)(A)

Container Inspection

 

Must inspect weekly (no written logs required) §66262.34(d)(2) which refers to 40CFR 265.174 via 262.34(d)(2) Must inspect weekly (no written logs required) §66265.174 ref. from 66262.34(a)(1)(A)
Container Storage of Flammable/Reactive Wastes No legal requirement ≥50 feet from property line §66265.176 ref. from §66262.34(a)(1)(A)
Subpart CC Air Emissions for Containers Not required Applies if >26 gallons and holds a VOC containing waste of >500 ppmw. Must accumulate in tightly closed DOT container only. §66265.1087 Does not include containers in Satellite Accumulation Areas (§66265.1080(a)/66265.1)
Container Aisle Space Must leave enough room for unimpeded access to container §66262.34(d)(2) which refers to 40CFR 265.35 via 262.34(d)(4) Must leave enough room for unimpeded access to container §66265.35
Satellite Accumulation (Point of Generation) Up to 55 gallons (or 1 qt. acutely or extremely HW) per waste stream, at or near point of generation, under control of operator, mark with 2nd (fill) date once full. Accumulate for up to 1 year total or 180 days from fill date, whichever is first. §66262.34(e) ALSO: HSC 25200.3.1 (laboratories)(1) Up to 55 gallons (or 1 qt. acutely or extremely HW) per waste stream, at or near point of generation, under control of operator, mark with 2nd (fill) date once full. Accumulate for up to 1 year total or 90 days from fill date, whichever is first. §66262.34(e). ALSO: HSC 25200.3.1 (laboratories)(1)
Empty Containers (>5 gallons) Mark with date emptied & manage within 1 year unless returned to vendor for refill §66261.7(e), (f) & (i) Mark with date emptied & manage within 1 year unless returned to vendor for refill §66261.7(e), (f) & (i)
Tank Management §§66262.34(d)(2) which refers to 40CFR 262.34(d)(3) & 265.201 §§66262.34(a)(1)(A) which refers to 66265.190-.202, except for .197(c) &.200
Tank Marking Must be marked with words “hazardous waste” and start date §66262.34(f)(2, 3) Must be marked with words “hazardous waste” and start date § 66262.34(f)(2, 3)
Tank System Integrity Assessment Not required (per 40CFR 265.201 as referenced by 40CFR262.34(d)(3)) Required. Frequency and contents of assessment dependent upon waste and installation date of tank. § 66265.191/192 (2) § 66265.193(i)(2)
Tank System Secondary Containment & Leak Detection Not required Required. Some aboveground piping/ancillary equipment may be exempt if inspected daily. § 66265.193 § 66265.193(m)(2)(A)
Tank Operation/Spill Prevention Some controls required. Must keep 2’ freeboard on open top tanks unless in containment with volume to hold those 2’. If continuously fed tank must have measures to prevent overfill (e.g. waste cutoff or diversion tank). §66262.34(d)(2) which refers to 40CFR 265.201(b)(2, 3) via 262.34(d)(3) Controls required: Spill prevention (e.g. check valves), overfill prevention (e.g. high level alarms), and for uncovered tanks maintenance of freeboard of 2 feet unless the tank is equipped with containment structure. § 66265.194
Tank Inspection No written logs. Daily inspection of discharge controls (e.g. bypass systems), monitoring data, and level in tank. Weekly inspection of tank and containment for leaks. §66262.34(d)(2) which refers to 40CFR 265.201(c) via 262.34(d)(3) Required daily. Written logs required. § 66265.195
Tank Release Response None required. Within 24 hours must drain tank to level to prevent further release, clean up all waste in containment, report to DTSC (unless <1lb or immediately cleaned up) § 66265.196
Subpart CC Air Emission Standards for Tanks Not required Required -Tank <19,000 gal, holds VOC >500 ppm (by weight) needs fixed roof §§66265.1083(b) & 66265.1085(c)) -Tank holding VOCs that does not meet criteria above, has cover and control/closures devices §66265.1085(d)
Recordkeeping Requirements
Manifest and Consolidated Manifest Required §66262.20 Consolidated manifest/Bill of lading for select wastes. HSC 25160.2 Self transport used oil to Used Oil Collection Centers without a manifest HSC 25250.11 with prior approval Required §66262.20 Consolidated manifest may be used oil and oil/water from separator. May also be used for other eligible wastes IF the facility is no longer a LQG after subtracting the amount of used oil from its total amount of waste generated. HSC 25160.2(c)(1, 2)
Manifest Submittal to DTSC Generator submits legible photocopy to DTSC (3) §66262.21(f), HSC 25160 (b)(1)(D) and (b)(3) Generator submit legible photocopy to DTSC (3) §66262.21(f), HSC 25160 (b)(1)(D) and (b)(3)
Manifests and LDRs Required §66268.7; HSC §25179.5 Required § 66268.7; HSC §25179.5
Manifest Exception Reports File report noting no receipt of TSDF copy if not received within 60 days HSC 25123.3(h)(2), HSC 25160 (b)(3) File report noting no receipt of TSDF copy if not received within 45 days §66262.42(a), HSC 25160 (b)(3)
Biennial Report Not required §66262.41 Submit by March 1 every even numbered year for prior 2 years activities. Maintain onsite. RCRA LQGs only. §66262.41
Personnel Training Basic training required, but records showing training provided not required. §40 CFR 262.34(d)(5)(iii) Required §66262.34(a)(4) & 66265.16
Training Plan Not required Written plan noting: job titles or HW related positions, description of each job title (including duties), name of each person at each job title, type and frequency of training §66265.16(a, d)
Training Records Not required Maintain documentation of initial and ongoing for current employees until facility closure. Former employee records maintained for 3yrs from date of last work. §66265.16(d) & (e)
Frequency of Training None specified. Within 6 months of hire, at frequency noted in plan, annually for emergency response §66265.16(c)
Contingency Plan Reduced requirements. Must post info near phone: -Name & number of emergency coordinator -Location of emergency equipment -911 or local fire department number §66262.34(d)(2) which refers to 40CFR 262.34(d)(5)(ii) Full plan required. Must review and update with any relevant change. Must include OES phone #, name and office and home phone #s of contacts, all emergency equipment (capabilities and location), and evacuation plan. §66262.34(a)(4) 66265.51-.55
Contingency Plan Activation/Notification Notify National Response Center at 800-424-8802 §66262.34(d)(2) which refers to 40CFR 262.34(d)(5)(iv)(C) Immediate notify; Within 15 days, notify in writing of any incident that activates plan §66265.56(a) and §66265.56(d) & (j)
Miscellaneous
Emergency Equipment Must have internal communications device, external communication device (phone), fire extinguishers, spill control and decon equipment. §66262.34(d)(2) which refers to 40CFR 265.32 via 262.34(d)(4) Must have internal communications device, external communication device (phone), fire extinguishers, spill control and decon equipment. §66262.34(a)(4) and 66265.56, §66265.31-.34
Inspection/Maintenance Tested and maintained as necessary to respond to emergency §66262.34(d)(2) which refers to 40CFR 265.33 via 262.34(d)(4) Develop schedule for inspection of all emergency equipment. Maintain written logs of inspections with any corrections. §66265.15 and 66265.33
Facility Maintenance Maintained and operated to minimize possibility of release, fire or explosion §66262.34(d)(2) which refers to 40CFR 265.31 via 262.34(d)(4) Maintained and operated to minimize possibility of release, fire or explosion §66265.31
Waste Minimization/SB14 Waste Reduction Must make good faith effort to minimize waste generation. §66262.27(b) Must have plan to minimize waste to degree economically practicable. §66262.27(a). May qualify for SB14 plan requirements depending on waste types and quantities generated(4) §67100.2
Pre-Transport Requirements Prior to offering for transport must: package in DOT approved containers, label and mark in accordance with DOT, and ensure vehicle is placarded §66262.30-.33 Prior to offering for transport must: package in DOT approved containers, label and mark in accordance with DOT, and ensure vehicle is placarded §66262.30-.33
Transportation of Waste Must use registered HW transporter Must use registered HW transporter
Sent or Shipped to: Permitted/interim status facility §66262.20(b)(3), other owned location if to be recycled (HSC 25143.2(d)(3,4) Permitted/interim status facility §66262.20(b)(3), other owned location if to be recycled (HSC 25143.2(d)(3,4)
Universal Waste All UW requirements apply §66273.1 All UW requirements apply §66273.1
Closure Not required Tank Cleaning §67383.3 Requires generator to close facility in a manner that minimizes further maintenance and is protective of public health and environment, and to properly dispose of all contamination generated during closure. §66262.34(a)(1)(A) which refers to §66265.111 and .114 Tank Cleaning §67383.3

 

*A facility that produces less than 100 kg (220 lbs) per month for all hazardous waste generated onsite; or less than 1 kg of acutely or extremely hazardous waste per month accumulation start date starts the day the 100 kg is accumulated. The generator has 180 days or 270 days if the distance to the treatment or disposal facility is more than 200 miles. Any quantity of acutely or extremely hazardous waste must be removed in 90 days. (Title 22, CCR §66262.34(d)). There is no accumulation time limit for generators of not more than 100 kg/month that are not using the satellite accumulation area and who have not yet accumulated 100 kg (220 lb) of hazardous waste or 1 quart of extremely or acutely hazardous waste. HSC 25123.3(c). DTSC Fact Sheet January 2002: Accumulating Hazardous Wastes at Generator Sites

*Generators that generate no more than 100 kg exclusively of silver-only hazardous waste must comply only with the Federal Conditionally Exempt Small Quantity Generator (CESQG) requirements in 40 CFR §261.5 instead of the CCR Title 22 requirements. If quantities are exceeded, silver-only facility is no longer regulated as a Federal CESQG but is subject to all applicable parts of 40 CFR 262.34 (generally, SQG rules). [§261.5(f)(2) and (g)(2)]

(1) Laboratory Satellite Accumulation differs from “regular” satellite accumulation in that a laboratory setting (see definition in 25200.3.1), the “area” can be the entire room, the waste needs only to be stored as close as practical to the point of generation, and there must be at least one person responsible for the area who has been trained in the management of the waste. All other rules are similar or identical to “regular” satellite accumulation.

(2) Additional guidance available (http://www.unidocs.org/hazmat/hazardous-waste/un-047.pdf)

(3) Wastes that are non-RCRA or RCRA-exempt may be shipped out of the state of California to facilities that are not permitted by either California or US EPA. In these instances waste manifests must still be signed by the receiving facility and the TSDF copy must still be submitted to DTSC. If the receiving facility does not return the TSDF copy of the manifest, the generator should make a photocopy of the final signed copy returned to them and submit to DTSC. (HSC 25160(a)(3))

(4) SB 14 Waste Minimization program applies only to generators of more than 12,000 kg of waste (or > 12 kg EH waste) in a year. LQG facilities that may not be required to participate in the SB 14 program are those that are LQGs due to exceeding acutely hazardous waste quantities (>1 qt/month) or those that are LQGs due to episodic activity. The following waste streams are not counted: motor vehicle fluids (oil), lead acid batteries, HHW, UW lamps, lab scale research waste, and site clean-up waste. (List is not all-inclusive; please refer to §67100.2 for full list.

What is Tiered Treatment of Hazardous Waste?

Treatment of hazardous waste after it has been generated to reduce or eliminate the hazardous characteristics is regulated under a Tiered Treatment permit. The three tiers handled by the CUPA are Permit by Rule (PBR), Conditional Authorization (CA), and Conditional Exempt, which includes Conditional Exemption Small Quantity Treatment (CESQT) and Conditional Exempt Specified Waste streams (CESW). All other tiers are handled by the Department of Toxic Substances Control (DTSC). You can access the DTSC Online Tiered Permitting Flowchart to help determine the correct permit tier for your waste stream and treatment processes.

After determining the correct tier, the appropriate forms are to be submitted to this Division on an annual basis. These documents are available for download and must be uploaded onto CERS.

How Do I Obtain an EPA ID number?

Complete the application for a new number or renewal and submit to DTSC via mail, PO Box 806 Sacramento, CA 95812-0806, email at idnumber@dtsc.ca.gov, or fax at (916) 255-4703.

Universal Waste

Universal Wastes are hazardous wastes that are generated by several sectors of society, rather than a single industry or type of business. Universal Waste contains harmful chemicals which, if put in the trash, may cause health and safety concerns to people or the environment. Universal Wastes are more common and pose a lower risk to people and the environment than other hazardous wastes. Federal and state regulations identify Universal Waste and provide simple rules for handling, recycling, and disposing of them. The regulations, called the “Universal Waste Rule,” are in Title 22 of the California Code of Regulations, Division 4.5, Chapter 23. Universal Wastes are managed under the same stringent standards as hazardous wastes and can include:

  • Florescent tubes, bulbs & other mercury containing lamps
  • Mercury thermostats
  • Mercury thermometers
  • Batteries
  • Non-Empty aerosol cans
  • Electronic devices
  • Electrical switches and relays
  • Pilot light sensors
  • Mercury gauges
  • Mercury added novelties

For more Universal Waste information visit the DTSC website.

Household Hazardous Waste

Leftover household products that contain corrosive, toxic, ignitable, or reactive ingredients are considered to be household hazardous waste (HHW). These items contain potentially hazardous ingredients require special care when you dispose of them.

Improper disposal of HHW can include pouring them down the drain, on the ground, into storm sewers, or in some cases putting them out with the trash. The dangers of such disposal methods might not be immediately obvious, but improper disposal of these wastes can pollute the environment and pose a threat to human health. Many communities in the United States offer a variety of options for conveniently and safely managing HHW. No more than 15 gallons or 125 pounds of waste will be accepted at one time. Some products that can be considered HHW are:

  • All types of batteries
  • Automotive products and fluids
  • Cosmetics, Personal hygiene products
  • Deodorizers
  • Electronics
  • Expired medication
  • Fertilizers
  • Florescent light bulbs
  • Home generated sharps
  • Household cleaners
  • Paint products
  • Pesticides, Herbicides, Insecticides
  • Pet care products
  • Photographic chemicals
  • Swimming pool chemicals
  • Waste oil & oil filters

Please visit the Kern County Special Waste Facility’s website for a full list of wastes and more information on CESQGs, Household Hazardous Waste, e-Waste, and Universal Waste.

An underground storage tank (UST) is defined by law as “any one or combination of tanks, including pipes connected thereto, that is used for the storage of hazardous substances and that is substantially or totally beneath the surface of the ground” (certain exceptions apply).

The purpose of the UST Program is to protect public health and safety and the environment from releases of petroleum and other hazardous substances from tanks.

All facilities with an UST are required to have a permit to operate. Permits are also required for closure (both temporary and permanent), modification, and new construction. An operating facility needs to have on file (both with this Division and available on site) the following information:

UST PERMIT APPLICATIONS

UST Modification Permit Requirement Matrix

Type of Work Permitted Activity Non-Permitted Activity
 Boot Replacement X*  X
Brine System Repair  X
 Cathodic Protection  X
Dispenser Protection  X
Flex Hose Replacement (Sump/UDC)  X
Line Leak Detector  No change in the device type or design
Monitoring Console Install or Replacement (hardware)  X
Monitoring Console Programming (software)  If monitoring plan is changed – case by case Software change or reprogramming
 Overfill Alarm  X
Repair/Upgrade UST  X
Sensor Replacement (Sumps, ATGs) Change in sensor type or design No change in sensor type or design
 Spill Buckets (Direct Burial)  X
Spill Buckets (Fill Sump) X
Sump Repair  X
Turbine Repair X
UDC Replacement  X
Underground Piping  X
Vacuum System Repair  X

If the scope of work required is not listed on the Matrix, please call the Environmental Health Services Department, Hazardous Materials Program at 661-862-8740 for assistance and clarification.

*Permit required if breaking any concrete.

If a modification permit is required, please complete the Application for new Construction/Modification above. Submit to the KCEHD and allow staff 30 days to fully review the permit, scope of work, and return.

What is the Aboveground Petroleum Storage Act (APSA)?

Any facility with an aggregate storage capacity of 1,320 gallons of petroleum or greater must prepare and implement a Spill Prevention Control and Countermeasure (SPCC) Plan in accordance with federal law, 40 CFR 112. For a full list of exemptions, requirements, and applicability, visit the Office of the State Fire Marshall website or refer to the “Legal” column.

WHICH PLAN DO I NEED TO IMPLEMENT?

The APSA program divides its facilities into qualified and non-qualified facilities. The qualified facilities are able to be broken down into one of two tiers and are able to self-certify a plan based off of templates provided by US EPA. Non-qualified facilities are required to have an SPCC plan certified by a professional engineer and re-certified every five years.

Tier I SPCC Plan:

  • 10,000 US gallons or less aggregate above-ground petroleum storage capacity; and
  • Within any 12-month period, three years prior to the Plan certification date, or since becoming subject to the SPCC rule if in operation for less than three years, there cannot have been:
    • A single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 US gallons; or
    • Two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 US gallons within any 12-month period
  • No individual above-ground petroleum container greater than 5,000 US gallons

Tier II SPCC Plan:

  • 10,000 US gallons or less aggregate aboveground petroleum storage capacity; and
  • Within any 12-month period, three years prior to the Plan certification date, or since becoming subject to the SPCC rule if in operation for less than three years, there cannot have been:
    • A single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 US gallons; or
    • Two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 US gallons within any 12-month period
  • Has individual aboveground petroleum containers greater than 5,000 US gallons; or
  • Owner or operator eligible for Tier I qualified facility status but decides not to take the option or chooses to develop a “hybrid” plan

Non-qualified Facilities:

  • More than 10,000 US gallons aggregate aboveground petroleum storage capacity; or
  • Within any 12-month period, three years prior to the Plan certification date, or since becoming subject to the SPCC rule if in operation for less than three years, there cannot have been:
    • A single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 US gallons; or
    • Two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 US gallons within any 12-month period
  • Owner/operator eligible for qualified facility status, but decides not to

take the option

CONDITIONALLY EXEMPT FROM APSA REQUIREMENTS*

FARMS, DAIRIES, NURSERIES, LOGGING SITES, CONSTRUCTION SITES

  • No AST Exceeds 20,000 Gallons and the cumulative storage capacity of the tank facility does not exceed 100,000 Gallons
  • Failure to comply with the following will result in loss of Exempt status
    • Conduct daily visual inspections of any storage tank storing a petroleum product
    • Allow the CUPA to conduct a periodic inspection of the tank facility
    • Install a secondary containment for each tank or group of tanks (if required by the CUPA)

* While farms, nurseries, logging sites, or construction sites are conditionally exempt from the requirements to prepare an SPCC Plan under APSA, these facilities are not exempt from federal SPCC requirements enforced by US EPA.

OIL PRODUCTION FACILTIES

If a tank or other facility is used for a purpose other than oil and gas production, such as a diesel tank in a maintenance yard to service trucks that are used on the lease, then it is generally not a facility attendant to oil and gas production and therefore is not under the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources’ (DOGGR) jurisdiction.