If a tank facility has multiple ASTs that are owned and operated by different persons, and if the total capacity of the tank(s) for each business is less than 1,320 gallons, but the total for all tanks at this single location exceeds 1,320 gallons, is each business subject to APSA?
No. The Health & Safety Code (H&SC), Section 25270.3 states that a “tank facility” that has a storage capacity of 1,320 gallons or more of petroleum is subject to regulation under APSA. However, Section 25270.2 of the H&SC defines “” as being entity at a or site. Therefore, the storage capacity would not be the cumulative amount of petroleum on site, but rather the cumulative amount of petroleum that is owned and operated by the same business entity.