California Environmental Reporting System (CERS)

How to report a Tank in an Underground Area (TIUGA), formerly reported as an Underground Storage Tank (UST) in CERS, as an aboveground storage tank (AST) subject to the Aboveground Petroleum Storage Act (APSA).

This is a guide to help owners/operators to properly report a tank that was previously reported as a UST but has now been determined to be a TIUGA subject to APSA and is no longer regulated as a UST. For more information about APSA and TIUGAs, refer to Office of the State Fire Marshal (OSFM) guidance here: http://osfm.fire.ca.gov/cupa/apsa.

As described in detail below, the submittal process to report this change includes updating the Business Activities questions, the Hazardous Materials Inventory (Inventory), the site map, and the UST section to remove this tank from the UST portion of your CERS submittals.

CERS 3, currently scheduled for release in March 2019, includes a simplified process for changing the status of a UST to an AST. Until then the following steps are necessary. For further assistance please contact your local Certified Unified Program Agency (CUPA) representative.

Preparation for Submittal

Confirm the specific Tank ID for the UST, then complete the optional TIUGA Notification Form. This is an optional form on the OSFM website: http://osfm.fire.ca.gov/cupa/pdf/TIUGA_Notification_form-18May2018.pdf. It is designed to be completed by the Tank Facility owner/operator for the purpose of establishing a tank meets the definition of a TIUGA as specified in California Health and Safety Code (HSC), section 25270.2(o), that it is being monitored in accordance with the APSA requirements found in HSC Chapter 6.67, and that it is no longer considered a UST. If you are unsure how to complete the form, contact your Designated Operator, Professional Engineer, or your CUPA for assistance. After completing the form, save it as a PDF file.

After the form has been completed and saved as a PDF, log into CERS to complete the submittal process as follows:

Step 1-Select either the ‘Start Facility Submittal’ or ‘Start/Edit Submittal’ buttons

Step 2- Prepare Draft Submittal page

Click the ‘Start’ button on Facility Information, Hazardous Materials Inventory, Emergency Response and Training Plans,

Underground Storage Tanks and Aboveground Petroleum Storage Act.

For all 5 sections, confirm your submittal will be based upon most recent submittal, then click the ‘Start’ button:

Step 3-Verify Facility Information

Select and open the ‘Business Activities’ form. Select the ‘Edit’ button on either screen:

On the Business Activities screen:

1. Do NOT change the UST question; the answer must be ‘YES’ for now:
   
   
2. Answer Yes to the Aboveground Petroleum Storage question:
   
   
3. At the bottom of the ‘Business Activities’ form, enter this statement and the correct tank ID: ‘Effective the date of this submittal, Tank #xxxxx is no longer regulated as a UST. This tank meets the definition of a TIUGA subject to APSA.’
4. Select the ‘Save’ button. If the Business Owner/Operator Information screen opens make any necessary changes and select ‘Save’ again. The Prepare Draft Submittal screen will be displayed.

Step 4-Update the HMIS and Emergency Response and Training Plan Submittal Elements

Select and open the Hazardous Materials Inventory. Remember that you are to start from the most recent submittal.

1. Update the Inventory as needed to reflect all changes. For the tank, select the ‘edit’ button next to the hazardous material currently in the tank and select ‘Aboveground tank’ as the type of container. Deselect ‘Underground tank’. When finished it should look like this:
   
   
2. Select ‘Save’. The screen will close back to the list of inventory items. Select ‘Done’ to complete the change.
3. If necessary, upload a revised Site Map
4. Update the Emergency Response and Training Plans section similarly.

Step 5-Update the Underground Storage Tanks Submittal Element

Select and open the UST submittal.

1. Select the UST Facility Operating Permit Application. Select the ‘Start’ button and select from the most recent submittal
   
   
2. Select the UST Facility Operating Permit Application:
   
   
3. Check the ‘Confirmed/Updated Information button and select ‘Save’:
   
   
4. Select the UST tank that is being changed to a TIUGA, then select ‘Start New Submittal’ and select start from the most recent submittal.
   
   
5. Select ‘Edit’
   
   
6. Select ‘Permanent Closure Onsite, enter a comment similar to this in the ‘Additional Description field:
   ‘This tank has been determined to be a Tank in Underground Area (TIUGA). It is no longer regulated as a UST but will be regulated effective the date of this submittal under the APSA program element.’
7. Select ‘Save’:
   
   
   
   Note: The next screen will be the ‘UST Monitoring Plan’ page, no changes are required on this page; click ‘Save’.

Step 6-Prepare APSA submittal and notification of a TIUGA

1. Select ‘Start’.
   
2. Select ‘Edit’ if you have submitted an APSA submittal in the past.
   
   
3. Select the ‘Start’ button. If prompted, always select the choice for ‘based on most recent submittal’. If your Hazardous Materials Inventory is current and includes the tank contents it is okay to select ‘Provided Elsewhere in CERS’ and choose ‘Hazardous Materials Inventory’ as shown below, or you can upload your APSA Tank Facility Statement in this section, then ‘Save’.
   
   
4. Upload the TIUGA Notification Form. Select the hyperlink marked ‘Miscellaneous State-Required Documents’ and upload the completed TIUGA Notification Form, then ‘Save’.
   
   
   
   Note: Even though the CERS field indicates this form is ‘state-required’, it is not—it is a recommended form so facilities can notify the regulator they have a TIUGA. The form can be found on the Office of State Fire Marshal website at http://osfm.fire.ca.gov/cupa/pdf/TIUGA_Notification_form-18May2018.pdf.

Step 7-Submit the updated submittal elements

Once you are back on the ‘Prepare Draft Submittal’ page verify that all 5 submittal elements have been checked and click ‘Submit Selected Elements’. That’s it, you are done! Note that you can also include comments to your CUPA. Refer to the screenshot on the following page.

Step 8 Subsequent Business submittal instructions

On your next regularly scheduled submittal if there are no other USTs at the facility change the answer to the UST question on the Business Activities screen to = No.

Note to CUPAs: After you accept the business submittal transferring the UST tank to APSA if there are no other UST tanks at the site change the UST Reporting requirement = Not Applicable.