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California Environmental Protection Agency Unified Program Fact Sheet Aboveground Petroleum Storage Act - AB 1130 (Laird) 7) 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. 8) Allows the CUPA's to develop an alternative inspection and compliance plan, subject to approval by the Secretary. 9) Provides that an inspection conducted by a CUPA does not require the oversight of a professional engineer. 10) 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. 11) Requires the owner or operator of a tank facility to annually file a tank facility statement with the CUPA. The submission of a business plan satisfies the requirement to submit the tank facility statement. 12) 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. 13) Prevents CUPA's from assessing and collecting an APSA-related fee from tank facilities until January 1, 2010. 14) Allows a CUPA to waive the APSA related single fee for a state or local government agency that submits a tank facility statement. 15) Requires each owner or operator of a tank facility to immediately report, upon discovery, to the Governor's Office of Emergency Services and the CUPA, the occurrence of a spill or release of 42 gallons or more of petroleum. 16) Requires the California Environmental Protection Agency (Cal/EPA) to expend funds from the EPTF, in consultation with the CUPA's, in the following manner: a) For the purposes of training CUPA personnel in the requirements of the APSA. b) To the CUPA's for the purpose of implementing the APSA. 17) Establishes civil penalties and specifies that any penalties assessed and recovered in a civil action by a city attorney or a district attorney would be shared 50% to the UPA and 50% to the city attorney or district attorney. 18) Clarifies that transportation-related tanks regulated by the U.S. Department of Transportation and underground storage tanks are not subject to the APSA. CONTACT John Paine Cal/EPA Unified Program (916) 327-5092 or lpaine(c~calepa ca.gov Rev. (12/2007) Page 2