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SUMMARY <br />California Environmental <br />Protection Agency <br />Unified Program <br />Fact Sheet <br />December 2007 <br />Aboveground Petroleum Storage Act <br />Scope of CUPA Implementation <br />The Unified Program Agencies (UPA's) have the responsibility and authority, to the <br />extent provided by Chapter 6.67 and Sections 25404.1 and 25404.2 of the California <br />Health and Safety Code, to implement and enforce the requirements of Chapter 6.67, <br />the Aboveground Petroleum Storage Act (APSA). (Health & Saf. Code § 25270.2) <br />REQUIREMENTS OF APSA <br />1. Owner/Operator subject to Chapter shall: (Health & Saf. Code § 25270.4.5(a)) <br />A. Prepare a Spill Prevention Control and Countermeasure (SPCC) Plan in <br />Accordance with U.S. Code of Federal Regulations, Title 40, Part 112 <br />(40CFR112) (see Attachment 1 for SPCC plan requirements) <br />B. Conduct periodic inspections to assure compliance with 40CFR112 (Inspections, <br />tests, and records) <br />C. Implement SPCC Plan in compliance with 40CFR112 <br />2. An owner or operator of a tank facility that is exempt pursuant to subdivision <br />25270.4.5(b) shall take the following actions: (Health & Saf. Code § 25270.4.5(b)) <br />A. Conduct a daily visual inspection of any aboveground storage tank storing <br />petroleum. <br />B. Allow the UPA to conduct a periodic inspection of the tank facility. <br />C. If the UPA determines installation of secondary containment is necessary for the <br />protection of the waters of the state, install secondary means of containment for <br />each tank or group of tanks where the secondary containment will, at a minimum, <br />contain the entire contents of the largest tank protected by the secondary <br />containment plus precipitation. <br />3. At least once every three years, the UPA shall inspect each storage tank or a <br />representative sampling of the storage tanks at each tank facility that has a storage <br />capacity of 10,000 gallons or more of petroleum. (Health & Saf. Code § 25270.5) <br />A. The purpose of the inspection shall be to determine whether the owner or <br />operator is in compliance with the SPCC Plan requirements of the APSA. <br />B. The UPA may develop an alternative inspection and compliance plan, subject to <br />approval by the Secretary for Environmental Protection (Secretary). <br />