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California Environmental Protection Agency Unified Program Fact Sheet December 2007 _---- r^s _ Aboveground Petroleum Storage Act Assembly Bill 1130 (Laird) Chaptered October 13, 2007 SUMMARY This bill transfers the responsibility for the implementation, enforcement, and administration of the Aboveground Petroleum Storage Act (APSA) from the State Water Resources Control Board (SWRCB) to the Certified Unified Program Agencies (CUPA's). The bill authorizes the expenditure of a portion of the moneys in the Environmental Protection Trust Fund (EPTF), upon appropriation by the Legislature, in an amount determined by the Secretary for Environmental Protection (Secretary) in consultation with the CUPA's, to a training account established and maintained by the Secretary to be used for purposes of training CUPA personnel in the requirements of the act. The bill allocates all remaining funds to the CUPA's for expenditure to implement the act, but limits to 80% or less the allocation to a CUPA in advance of actual expenditure by the CUPA. The bill also makes conforming changes to ensure consistency with the federal Spill Prevention Control and Countermeasure (SPCC) rule provided in the U.S. Code of Federal Regulations, title 40, part 112 (40CFR112). PREVIOUS LAW Previous law required the SWRCB and the Regional Water Quality Control Boards (RWQCB's) to administer the program with regard to a tank facility that is subject to specified federal regulations. CUPA's, during routine compliance inspections conducted at tank facilities pursuant to other Unified Program elements, were required to verify that an SPCC plan has been prepared. If an SPCC plan had not been prepared, the CUPA's were required to submit a referral to the appropriate RWQCB for enforcement. Previous law also required a tank facility owner or operator to file a storage statement with the SWRCB and pay the fee specified in law to the SWRCB. THE BILL 1) Is effective on January 1, 2008. 2) Establishes the California Aboveground Petroleum Storage Act (APSA). 3) Defines key terms, such as: aboveground storage tank; petroleum; storage capacity; tank facility; etc. 4) Identifies when tank facilities are subject to and exempt from the APSA. 5) Transfers the authority and responsibility for administration of the APSA from the SWRCB and RWQCBs to the CUPA's. 6) Requires the owner or operator of a tank facility, with an aggregate storage capacity z 1,320 gallons of petroleum, to prepare and implement an SPCC plan in accordance with federal law, 40CFR112.