Interpretation

1 The following definitions apply in these Regulations.

aboveground tank

aboveground tank means a tank that operates at atmospheric pressure and that has all of its volume either above grade or encased within an unfilled secondary containment. (réservoir hors sol)

allied petroleum product

allied petroleum product means a product set out in Schedule 1. (produit apparenté)

CCME Code of Practice

CCME Code of Practice means the Environmental Code of Practice for Aboveground and Underground Storage Tank Systems Containing Petroleum and Allied Petroleum Products published by the Canadian Council of Ministers of the Environment in 2003. (Code de recommandations techniques du CCME)

certification mark

certification mark means the mark, such as a tag, label, plate or embossing, on or affixed to a tank or a component of a storage tank system, certifying that the tank or component conforms to the standards of a certification organization accredited by the Standards Council of Canada or conforms to the standards of the American Petroleum Institute or of the ASTM International. (marque de certification)

corrosion expert

corrosion expert means a professional engineer experienced in corrosion protection or a person recognized by NACE International as a corrosion specialist. (expert en corrosion)

free oil

free oil means the non-soluble, non-emulsified petroleum product or allied petroleum product layer that accumulates in an oil-water separator. (huile libre)

Minister

Minister[Repealed, SOR/2012-99, s. 20]

partially buried tank

partially buried tank means a tank that has part of its volume above grade and part of its volume below grade, unless all of the tank volume is encased within an unfilled secondary containment. (réservoir partiellement enfoui)

petroleum product

petroleum product means, other than an allied petroleum product, a single hydrocarbon or a mixture of at least 70% hydrocarbons by volume, refined from crude oil, with or without additives, that is used or could be used as a fuel, lubricant or power transmitter, and includes used oil, but does not include propane, paint and solvents. (produit pétrolier)

piping

piping means pipes and tubing, including fittings and valves, that are for the handling and storage of petroleum products and allied petroleum products. (raccordement)

secondary containment

secondary containment means containment that prevents liquids that leak from a storage tank system from reaching outside the containment area and includes double-walled tanks, piping, liners and impermeable barriers. (confinement secondaire)

separated solids

separated solids means the particulate material that settles at the bottom of an oil-water separator. (solide séparé)

spill

spill means any loss of a petroleum product or an allied petroleum product in liquid form from a storage tank system, including a loss during a transfer of such a product to or from a storage tank system, but not including a loss that does not reach outside the storage tank system’s secondary containment. (déversement)

storage tank system

storage tank system means a tank or commonly connected tanks and all piping, vents, pumps, sumps, diking, overfill protection devices, spill containment devices and oil-water separators. In the case of a system located at an airport, the system ends at the pump discharge. (système de stockage)

tank

tank means a closed container with a capacity of more than 230 L that is designed to be installed in a fixed location. (réservoir)

transfer area

transfer area means the area around the connection point between a delivery truck, railcar, aircraft or vessel and a storage tank system in which the tanks have an aggregate capacity of more than 2 500 L. (aire de transfert)

underground tank

underground tank means a tank that operates at atmospheric pressure and that has all of its storage volume below grade and completely surrounded by fill. (réservoir souterrain)

used oil

used oil means oil — other than oils derived from animal or vegetable fats, other than crude oil or recovered fuel oils spilled onto land or into water and other than wastes from petroleum refining operations — that has become unsuitable for its original purpose due to the presence of impurities or the loss of original properties, including

• (a) lubricating oil for use in engines, turbines, or gears;

• (b) hydraulic fluid, including transmission fluid; and

• (c) insulating oil. (huile usée)

Application

• 2 (1) These Regulations apply to any storage tank system located in Canada in which petroleum products or allied petroleum products are stored and

  • (a) that is operated by a federal department, board or agency, or belongs to Her Majesty in right of Canada;

  • (b) that is operated by or belongs to a federal work or undertaking that is

    • (i) a port authority set out in the schedule to the Canada Marine Act,

    • (ii) an airport within the meaning of the Aeronautics Act, or

    • (iii) a railway;

  • (c) that is located on federal land or aboriginal land; or

  • (d) that is operated by a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or that belongs to such a corporation.

• (2) These Regulations do not apply to

  • (a) storage tank systems located in a building that provides secondary containment equivalent to a maximum hydraulic conductivity of 1 x 10^-6 cm/s, on a continuous basis;

  • (b) storage tank systems containing unprocessed petroleum products resulting from or used during oil or natural gas exploration;

  • (c) storage tank systems that have aboveground tanks in which the aggregate capacity of the tanks is 2 500 L or less and the systems are connected to a heating appliance or emergency generator; or

  • (d) storage tank systems regulated under the National Energy Board Act or the Canada Oil and Gas Operations Act.

General Requirements

• 3 (1) Subject to subsections (2) to (4), the owner or operator of a storage tank system that leaks a liquid must, without delay, temporarily withdraw from service, in accordance with section 43, either

  • (a) the leaking component, if it can be isolated from the system; or

  • (b) in any other case, the system.

  The owner or operator may only return the system or component, as the case may be, to service if they have made the necessary repairs to ensure that it no longer leaks.

• (2) Subject to subsection (4), the owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground tanks that leak a liquid must, without delay, permanently withdraw those tanks and their components from service in accordance with section 44 and, within two years after the later of the day on which these Regulations come into force and the day on which the owner or operator becomes aware of the leak,

  • (a) in the case of a storage tank system that has vertically-oriented underground tanks, remove any piping and other components that are outside the tanks in accordance with section 45; or

  • (b) in any other case, remove the single-walled underground tanks and their components in accordance with section 45.

• (3) Subject to subsection (4), the owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground piping and which piping leaks a liquid must, without delay,

  • (a) temporarily withdraw that system from service in accordance with section 43, permanently withdraw that piping from service in accordance with section 44, remove it in accordance with section 45 and replace it in accordance with section 14; or

  • (b) permanently withdraw that system from service in accordance with section 44 and, within two years after the later of the day on which these Regulations come into force and the day on which the owner or operator becomes aware of the leak,

    • (i) in the case of a storage tank system that has shop-fabricated aboveground tanks or underground tanks, other than vertically-oriented underground tanks, remove the system in accordance with section 45, and

    • (ii) in the case of a storage tank system that has field-erected aboveground tanks or vertically-oriented underground tanks, remove all piping and other components that are outside the tanks in accordance with section 45.

• (4) If circumstances make it impossible to comply with subsection (1), (2) or (3), the owner or operator must, without delay, take necessary measures to minimize the immediate or long-term harmful effect on the environment and danger to human life or health until it becomes possible to comply with that subsection, and must, without delay, inform the Minister, in writing, of those circumstances and the measures that will be taken. For greater certainty, a petroleum product or allied petroleum product must not be transferred into the system until it becomes possible to comply with that subsection.

4 The owner or operator of a storage tank system that permanently withdraws the system from service but that is not required to do so under subsection 3(2) or (3) must

• (a) in the case of a storage tank system that has shop-fabricated aboveground tanks or underground tanks, other than vertically-oriented underground tanks, remove the system in accordance with section45; and

• (b) in the case of a storage tank system that has field-erected aboveground tanks or vertically-oriented underground tanks, remove any piping and other components that are outside the tanks in accordance with section 45.

5 The owner or operator of a storage tank system that has tanks designed to be installed aboveground that were installed before the coming into force of these Regulations below grade or encased within a filled secondary containment must, within four years after the day on which these Regulations come into force, permanently withdraw that system from service in accordance with section 44 and remove it in accordance with section 45.

6 The owner or operator of a storage tank system that has tanks designed to be installed underground that were installed before the coming into force of these Regulations above grade or encased within an unfilled secondary containment must, within four years after the day on which these Regulations come into force, permanently withdraw that system from service in accordance with section 44 and remove it in accordance with section 45.

7 The owner or operator of a storage tank system that has a partially buried tank must, within four years after the day on which these Regulations come into force, permanently withdraw that system from service in accordance with section 44 and remove it in accordance with section 45.

8 A person must not install a storage tank system that has either partially buried or single-walled underground tanks to store petroleum products or allied petroleum products.

• 9 (1) The owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground tanks, other than those described in subsection3(2), must, within four years after the day on which these Regulations come into force, permanently withdraw those tanks and their components from service in accordance with section 44 and remove them in accordance with section 45 unless, on the day on which these Regulations come into force, those tanks have

  • (a) in the case of steel tanks, cathodic protection and leak detection, groundwater monitoring wells or vapour monitoring wells; and

  • (b) in any other case, leak detection, groundwater monitoring wells or vapour monitoring wells.

• (2) In respect of any single-walled underground tank other than a steel tank or a reinforced plastic tank, the owner or operator must, within one year after the day on which these Regulations come into force, provide the Minister with a declaration, dated after the coming into force of these Regulations and signed by a professional engineer, stating that the tank has normal and emergency venting, the walls of the tank and its floor are impervious to the passage of petroleum product or allied petroleum product, the tank’s structural integrity is maintained and the tank is suitable for the storage of petroleum products or allied petroleum products.

• 10 (1) Subject to subsection (2), the owner or operator of a storage tank system that has single-walled underground piping, other than one described in subsection 3(3), that is installed before the coming into force of these Regulations must, within four years after the day on which these Regulations come into force,

  • (a) temporarily withdraw that system from service in accordance with section 43, permanently withdraw that piping from service in accordance with section 44, remove it in accordance with section 45 and replace it in accordance with section 14; or

  • (b) permanently withdraw that system from service in accordance with section 44, and

    • (i) in the case of a storage tank system that has shop-fabricated aboveground tanks or underground tanks, other than vertically-oriented underground tanks, remove the system in accordance with section 45, and

    • (ii) in the case of a storage tank system that has field-erected aboveground tanks or vertically-oriented underground tanks, remove all piping and other components that are outside the tanks in accordance with section 45.

• (2) The owner or operator is not required to comply with subsection (1) if, on the day on which these Regulations come into force, that piping has

  • (a) in the case of steel piping, cathodic protection and leak detection, groundwater monitoring wells, vapour monitoring wells, single vertical check valves or mechanical line leak detection devices; and

  • (b) in the case of non-metallic or copper piping, leak detection, groundwater monitoring wells, vapour monitoring wells, single vertical check valves or mechanical line leak detection devices.

11 The owner or operator of a storage tank system must ensure compatibility between any petroleum products and allied petroleum products to be stored in that system and the material used in the construction of the system.

12 The owner or operator of a storage tank system must not store petroleum products or allied petroleum products in a tank of the system unless a fill pipe and vent line have been installed in that tank and all of the tank’s other openings have been sealed or connected to piping.

13 The secondary containment area must not be used for storage purposes.

Compliance with Requirements

• 14 (1) The owner or operator of a storage tank system that installs the system or any component of the system on or after the day on which these Regulations come into force must ensure that the system or the component conforms to the applicable requirements set out in the following provisions of the CCME Code of Practice:

  • (a) Part 3, subject to the following:

    • (i) excluding Section 3.2, Clause 3.3.1(1)(c), Article 3.3.2, Clause 3.4.1(1)(c), Article 3.4.3, Clauses 3.5.1(1)(a) and 3.6.1(1)(l), Section 3.7, Clause 3.9.2(2)(a), Articles 3.9.4 and 3.10.1, and

    • (ii) in Subclause 3.9.2(1)(a)(ii), the reference to “Aboveground Secondary Containment Tanks” must be read as a reference to “Secondary Containments for Aboveground Flammable and Combustible Liquid Storage Tanks”;

  • (b) Part 4, except Articles 4.2.1 to 4.2.3, Clauses 4.2.4(1)(e) and 4.2.4(2)(h), Articles 4.2.5 and 4.2.6, Sentences 4.2.8(1), 4.2.8(2), 4.2.9(1), 4.3.1(1), 4.3.6(1), 4.3.6(2), 4.3.7(1), 4.3.7(2) and 4.3.8(1), Section 4.4 and Clauses 4.5.1(1)(a), (c) and (d) and Sentences 4.5.2(1) to 4.5.2(4) and 4.5.3(2);

  • (c) Part 5, subject to the following:

    • (i) excluding Sentence 5.2.1(1), Articles 5.2.4 to 5.2.6, Clause 5.4.2(1)(b), Sentence 5.4.3(1) and Section 5.5, and

    • (ii) in Clauses 5.4.4(1)(a) to (c), the references to standards must be read as references to ULC/ORD-C971, Nonmetallic Underground Piping for Flammable and Combustible Liquids; and

  • (d) Section 8.6 and Article 8.7.2.

• (2) The owner or operator of a storage tank system that has aboveground tanks that installs those tanks on or after the day on which these Regulations come into force must ensure that those tanks are equipped with a spill containment device that bears a certification mark certifying conformity with ULC-ORD-C142.19, Spill Containment Devices for Aboveground Flammable and Combustible Liquid Storage Tanks unless

  • (a) the tank is filled remotely and its remote fill is equipped with a spill containment device that bears a certification mark certifying conformity with ULC-ORD-C142.19, Spill Containment Devices for Aboveground Flammable and Combustible Liquid Storage Tanks; or

  • (b) the tank bears a certification mark certifying conformity with one of the following standards:

    • (i) ULC-S652, Standard for Tank Assemblies for Collection of Used Oil,

    • (ii) CAN/ULC-S653, Standard for Aboveground Steel Contained Tank Assemblies for Flammable and Combustible Liquids,

    • (iii) ULC/ORD-C142.5, Concrete Encased Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids,

    • (iv) ULC/ORD-C142.18, Rectangular Steel Aboveground Tanks for Flammable and Combustible Liquids,

    • (v) ULC/ORD-C142.21, Aboveground Used Oil Systems, or

    • (vi) ULC/ORD-C142.22, Contained Vertical Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids.

• (3) The owner or operator of a storage tank system that has underground tanks that installs those tanks on or after the day on which these Regulations come into force must ensure that those tanks bear a certification mark certifying conformity with one of the following standards:

  • (a) for underground steel tanks

    • (i) if used for storing used oil, ULC-S652, Standard for Tank Assemblies for Collection of Used Oil, and

    • (ii) if used for storing other petroleum products or allied petroleum products

      • (A) Part B of ULC-S603, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, or

      • (B) CAN/ULC-S603.1, External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids;

  • (b) for underground reinforced plastic tanks

    • (i) if used for storing used oil, ULC-S652, Standard for Tank Assemblies for Collection of Used Oil, and

    • (ii) if used for storing other petroleum products or allied petroleum products, ULC-S615, Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids; and

  • (c) for underground tanks that are double containment linings, ULC/ORD-C58.4, Double Containment Fibre Reinforced Plastic Linings for Flammable and Combustible Liquid Storage Tanks.

• (4) The owner or operator of a storage tank system that has steel underground tanks that installs those tanks on or after the day on which these Regulations come into force must ensure that those tanks are protected from corrosion as follows:

  • (a) those tanks must bear a certification mark certifying conformity with CAN/ULC-S603.1, External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids; or

  • (b) those tanks must have a cathodic protection system designed by a corrosion expert.

• (5) The owner or operator of a storage tank system that installs piping on or after the day on which these Regulations come into force must ensure that

  • (a) the piping does not have buried or concealed mechanical joints; and

  • (b) any piping other than copper piping bears a certification mark certifying conformity with

    • (i) one of the standards referred to in Clauses 5.2.1(1)(a) to (c) or (g) of the CCME Code of Practice, or

    • (ii) ULC/ORD-C971, Nonmetallic Underground Piping for Flammable and Combustible Liquids.

• (6) Any reference to a standard in this section is a reference to the version of that standard that exists at the time the storage tank system’s component is erected, fabricated or manufactured, as applicable.

• (7) The owner or operator of a storage tank system must comply with the applicable requirements before any petroleum products or allied petroleum products are first transferred into that system.

• 15 (1) The owner or operator of a storage tank system must ensure that petroleum product and allied petroleum product transfer areas are designed to contain spills that occur during the transfer process.

• (2) Subsection (1) applies to storage tank systems installed before the coming into force of these Regulations four years after the day on which these Regulations come into force.

Leak Detection

16 The owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground tanks must test those tanks using a tank precision leak detection test in accordance with section 21 within two years after the day on which these Regulations come into force and after that test they must

• (a) immediately

  • (i) use automatic tank gauging in accordance with section 18, or

  • (ii) use continuous in-tank leak detection in accordance with section 20; or

• (b) annually perform a tank precision leak detection test in accordance with section 21.

• 17 (1) The owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground piping must test that piping using a piping precision leak detection test in accordance with section 24 within two years after the day on which these Regulations come into force and after that test they must

  • (a) immediately

    • (i) use continuous external underground pipe leak monitoring,

    • (ii) use automatic tank gauging in accordance with section 18, or

    • (iii) use continuous in-tank leak detection in accordance with section 20; or

  • (b) annually perform a piping precision leak detection test in accordance with section 24.

• (2) The continuous external underground pipe leak monitoring must

  • (a) be carried out using a sensor cable system designed for installation adjacent to the piping and within the same pipe trench;

  • (b) be capable of detecting a leak rate of at least 0.38 L/h within 96 hours after the onset of the leak at the lowest expected soil temperature at the site where the sensor cable system is installed;

  • (c) be capable of locating the leak with an accuracy of ± 1 m;

  • (d) be capable of continuously monitoring sensor cable system integrity; and

  • (e) have an alarm located at a place of work where it can be readily heard and seen.

18 Equipment used for automatic tank gauging referred to in subparagraphs 16(a)(i) and 17(1)(a)(ii) must bear a certification mark certifying conformity with either ULC/ORD-C58.12, Leak Detection Devices (Volumetric Type) for Underground Flammable Liquid Storage Tanks or ULC/ORD-C58.14, Nonvolumetric Leak Detection Devices for Underground Flammable Liquid Storage Tanks and have an alarm located at a place of work where it can be readily heard and seen. Any reference to a standard in this section is a reference to the version of that standard that exists at the time of the certification.

• 19 (1) The owner or operator of a storage tank system installed before the coming into force of these Regulations that has horizontal aboveground tanks without secondary containment must visually inspect the walls of those tanks within two years after the day on which these Regulations come into force to determine if the tank is leaking and after that inspection they must

  • (a) visually inspect the walls of those tanks at least once per month and perform an inventory reconciliation in accordance with subsection (2);

  • (b) immediately

    • (i) use continuous in-tank leak detection in accordance with section 20, or

    • (ii) use continuous external horizontal aboveground tank leak monitoring; or

  • (c) annually perform a tank precision leak detection test in accordance with section 21.

• (2) The inventory reconciliation must include

  • (a) the measurement of the level of water and the combined level of water and petroleum product or allied petroleum product in every storage tank of the storage tank system at least every seven days unless the storage tank system is located at a fuel dispensing station, in which case the levels must be measured each day the station is in operation; and

  • (b) a comparison of the measurements with readings of any meters that measure the volume of liquid transferred and the calculation of any gain or loss of liquid each time the measurements are taken.

• (3) The continuous external horizontal aboveground tank leak monitoring must

  • (a) be carried out using a sensor cable system designed for installation beneath the horizontal aboveground tank and surrounding its perimeter dripline in order that any leak will be detected before any liquid moves beyond the tank’s perimeter;

  • (b) be capable of detecting a leak rate of at least 0.38 L/h within 30 days after the onset of the leak at the lowest expected air temperature at the site where the sensor cable system is installed;

  • (c) be capable of locating the leak with an accuracy of ± 1 m;

  • (d) be capable of continuously monitoring sensor cable system integrity; and

  • (e) have an alarm located at a place of work where it can be readily heard and seen.

20 Continuous in-tank leak detection referred to in subparagraphs 16(a)(ii), 17(1)(a)(iii), 19(1)(b)(i) and 22(1)(a)(i) must conform to the requirements set out in Article 6.2.6 of the CCME Code of Practice and have an alarm located at a place of work where it can be readily heard and seen.

21 The tank precision leak detection test referred to in section 16 and paragraphs 19(1)(c), 26(a) and 43(b) must

• (a) be capable of measuring the level of water in the tank to within 3 mm with a probability of 0.95 or greater;

• (b) if a volumetric method is used, be capable of measuring the level of liquid in the tank to within 3 mm with a probability of 0.99 or greater;

• (c) be capable of detecting a leak rate of at least 0.38 L/h within a 24 hour period with a probability of detection of 0.95 or greater and a probability of false alarm of 0.05 or less, accounting for variables such as vapour pockets, thermal expansion and contraction, evaporation and condensation, temperature stratification, groundwater level and tank deformation; and

• (d) be performed, using a documented and validated method, by an individual trained in the maintenance and use of the test equipment.

• 22 (1) Subject to subsections (5) and (6), the owner or operator of a storage tank system installed before the coming into force of these Regulations that has vertical aboveground tanks without secondary containment must, within two years after the day on which these Regulations come into force, inspect those tanks or the floor of those tanks, and after that inspection they must

  • (a) immediately

    • (i) use continuous in-tank leak detection in accordance with section 20, or

    • (ii) use continuous external vertical aboveground tank leak monitoring for each of those tanks; or

  • (b) once every ten years, inspect those tanks or the floor of those tanks.

• (2) The inspection of the vertical aboveground tanks must be performed in accordance with the version of API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction that exists at the time of the inspection.

• (3) The inspection of the floor of the vertical aboveground tank must be performed

  • (a) using one of the following testing methods, namely, ultrasonic, magnetic particle, videographic or vacuum; and

  • (b) using a documented and validated method by an individual trained in the maintenance and use of the test equipment.

• (4) The continuous external vertical aboveground tank leak monitoring must

  • (a) be a sensor cable system designed for installation beneath the floor plate of the vertical aboveground tank in order to detect any leak into the soil beneath the tank floor and immediately surrounding the tank’s perimeter;

  • (b) be capable of detecting a leak rate of at least 0.38 L/h within 30 days after the onset of the leak at the lowest expected soil temperature at the site where the sensor cable system is installed;

  • (c) be capable of locating the leak with an accuracy of ± 1 m;

  • (d) be capable of continuously monitoring sensor cable system integrity; and

  • (e) have an alarm located at a place of work where it can be readily heard and seen.

• (5) If, within eight years before the day on which these Regulations come into force, the owner or operator has inspected the vertical aboveground tanks without secondary containment in accordance with the version of API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction that existed at the time of the inspection, they must perform a new inspection in accordance with subsection (2) at least every ten years after the day on which that inspection was performed.

• (6) If, within eight years before the day on which these Regulations come into force, the owner or operator has inspected the floor of the vertical aboveground tanks without secondary containment as set out in subsection (3), they must perform a new inspection in accordance with that subsection at least every ten years after the day on which that inspection was performed.

• 23 (1) The owner or operator of a storage tank system installed before the coming into force of these Regulations that has aboveground piping without secondary containment must visually inspect the walls of that piping within two years after the day on which these Regulations come into force to determine if the piping is leaking and after that inspection they must

  • (a) immediately

    • (i) use continuous external aboveground pipe leak monitoring for that piping, or

    • (ii) implement a corrosion analysis program for that piping, developed and conducted by a corrosion expert, that includes at least an annual inspection;

  • (b) once each month, visually inspect that piping; or

  • (c) annually perform a piping precision leak detection test of that piping in accordance with section 24.

• (2) The continuous external aboveground pipe leak monitoring must

  • (a) be carried out using a sensor cable system designed either for installation on the bottom of the piping or for placement on the ground underneath the piping;

  • (b) be capable of detecting a leak rate of at least 0.38 L/h within 96 hours after the onset of the leak at the lowest expected soil temperature at the site where the sensor cable system is installed;

  • (c) be capable of locating the leak with an accuracy of ± 1 m;

  • (d) be capable of continuously monitoring sensor cable system integrity; and

  • (e) have an alarm located at a place of work where it can be readily heard and seen.

24 The piping precision leak detection test referred to in section 17 and paragraphs 23(1)(c) and 26(d) must

• (a) be capable of detecting a leak rate of at least 0.38 L/h within a 24 hour period at a line pressure of 310 kPa with a probability of detection of 0.95 or greater and a probability of false alarm of 0.05 or less, accounting for variables such as vapour pockets, thermal expansion and contraction, static head pressure, temperature differential and piping compressibility; and

• (b) be performed, using a documented and validated method, by an individual trained in the maintenance and use of the test equipment.

• 25 (1) The owner or operator of a storage tank system that has turbine, transition, dispenser or pump sumps must, within two years after the day on which these Regulations come into force, visually inspect those sumps to determine if they are leaking and after that inspection they must either

  • (a) immediately use continuous sump leak monitoring for those sumps; or

  • (b) visually inspect those sumps annually.

• (2) The continuous sump leak monitoring must

  • (a) use a petroleum product probe capable of detecting 1 mm of petroleum product or allied petroleum product on a concrete surface or 1 mm of petroleum product or allied petroleum product floating on the water within the sump; and

  • (b) have a probe that is capable of reporting the presence of petroleum product or allied petroleum product at the probe location within two hours of contact with that product at the lowest expected air temperature at the site where the probe is installed.

26 In the case of a storage tank system that is not equipped with continuous leak monitoring, if the owner or operator of the storage tank system has reasonable grounds to believe that any of the following components of the system is leaking, they must test or inspect the component as follows:

• (a) in the case of an underground tank, they must test that tank using the tank precision leak detection test in accordance with section 21;

• (b) in the case of an aboveground vertical tank, they must inspect the tank in accordance with subsection 22(2) or the floor of that tank in accordance with subsection 22(3);

• (c) in the case of an aboveground horizontal tank, they must visually inspect the walls of that tank to determine if the tank is leaking;

• (d) in the case of underground piping, they must test that piping using the piping precision leak detection test in accordance with section 24;

• (e) in the case of aboveground piping, they must visually inspect the walls of that piping to determine if the piping is leaking; or

• (f) in the case of a turbine, transition, dispenser or pump sump, they must perform a static liquid media leak detection test that respects the following conditions:

  • (i) the test has a duration of at least one hour,

  • (ii) the level of the test liquid exceeds the elevation of the sump’s piping and of other points of entry into the sump, and

  • (iii) there is no measurable loss of liquid in the sump.

27 The owner or operator of a storage tank system that has tested or inspected any component of the system for leaks under sections 16 to 26 must keep a record that includes the following information:

• (a) the test or inspection date;

• (b) the storage tank system identification number;

• (c) the allied petroleum product or the type of petroleum product stored in the system;

• (d) the test or inspection results;

• (e) the testing method;

• (f) the name and address of the individual and, if applicable, the company that performed the test or inspection; and

• (g) the components of the corrosion analysis program referred to in subparagraph 23(1)(a)(ii).

Identification of Storage Tank Systems

• 28 (1) The owner of a storage tank system that is installed before the coming into force of these Regulations must identify the system by submitting to the Minister, in writing, the information set out in Schedule 2

  • (a) within one year after the day on which these Regulations come into force; or

  • (b) within two years after the day on which these Regulations come into force if they submit to the Minister a storage tank system identification progress report containing the information set out in Schedule 3 one year after the day on which these Regulations come into force.

• (2) The owner of a storage tank system that is installed on or after the day on which these Regulations come into force must identify the system by submitting to the Minister, in writing, the information set out in Schedule 2 before the day on which the first transfer of petroleum products or allied petroleum products into any tank of the system occurs.

• (3) The Minister must issue an identification number for the storage tank system for which the information was submitted and inform the owner of the identification number and its date of issuance.

• (4) The owner or operator must display the identification number in a readily visible location on or near the storage tank system for which the number was issued.

• (5) The owner or operator must update the information submitted under subsection (1) or (2) and submit to the Minister, in writing, any changed information within 60 days after the change.

• (6) A person must not operate a storage tank system unless an identification number has been issued for that system. In the case of a storage tank system referred to in subsection (1), this subsection applies beginning two years after the day on which these Regulations come into force.

• (7) The person that is required to submit information under subsection (1), (2) or (5) must also submit to the Minister, in writing, a certification that the information is accurate and complete, dated and signed by the person or a person authorized to act on their behalf.

Delivery of Petroleum Products or Allied Petroleum Products

29 A person that delivers petroleum products or allied petroleum products must comply with the following requirements:

• (a) they must immediately notify the operator of the storage tank system of any spill that occurs during the transfer or any evidence observed of a leak or spill; and

• (b) beginning two years after the day on which these Regulations come into force,

  • (i) they must not transfer petroleum products or allied petroleum products into any storage tank system unless the storage tank system identification number is visible, and

  • (ii) they must keep a record of the storage tank system identification number.

Emergency Plan

• 30 (1) The owner or operator of a storage tank system must prepare an emergency plan taking into consideration the following factors:

  • (a) the properties and characteristics of each petroleum product or allied petroleum product stored in each tank of the system and the maximum expected quantity of the petroleum product or allied petroleum product to be stored in the system at any time during any calendar year; and

  • (b) the characteristics of the place where the system is located and of the surrounding area that may increase the risk of harm to the environment or of danger to human life or health.

• (2) The emergency plan must include

  • (a) a description of the factors considered under subsection (1);

  • (b) a description of the measures to be used to prevent, warn of, prepare for, respond to and recover from any emergency that may cause harm to the environment or danger to human life or health;

  • (c) a list of the individuals who are required to carry out the plan and a description of their roles and responsibilities;

  • (d) identification of the training required for each of the individuals listed under paragraph (c);

  • (e) a list of the emergency response equipment included as part of the plan, and the equipment’s location; and

  • (f) the measures to be taken to notify members of the public who may be adversely affected by the harm or danger referred to in paragraph (b).

• (3) The owner or operator of a storage tank system must ensure that the emergency plan is ready to be implemented

  • (a) in the case of a storage tank system that is installed before the coming into force of these Regulations, no later than two years after the day on which these Regulations come into force; and

  • (b) in any other case, before the day on which the first transfer of petroleum products or allied petroleum products into any tank of the storage tank system occurs.

• 31 (1) The owner or operator of a storage tank system must keep the emergency plan up-to-date and keep a copy of it readily available for the individuals who are required to carry it out, as well as a copy at the place where the storage tank system is located if that place is a place of work.

• (2) The owner or operator must notify the Minister of the civic address of each location where the emergency plan is kept.

• 32 (1) If the owner or operator of a storage tank system has prepared an emergency plan with respect to the system on a voluntary basis or for another government or under an Act of Parliament and the plan meets the requirements of subsections 30(1) and (2), they may use that plan for the purposes of meeting those requirements.

• (2) If the plan does not meet all of the requirements of subsections 30(1) and (2), the owner or operator may use the plan if they amend it so that it meets all of those requirements.

Installation of Storage Tank Systems

• 33 (1) The owner of a storage tank system must have the system installed by a person approved to do so by the province in which the system is to be installed. If no person has been approved in the province where the storage tank system is to be installed, the installation must be supervised by a professional engineer.

• (2) The owner or operator must keep a record establishing that the storage tank system was installed by an approved person or that the installation was supervised by a professional engineer.

• 34 (1) For the installation of any storage tank system, the owner of the system must use design plans, drawings and specifications of the system that bear the stamp and signature of a professional engineer.

• (2) Upon the installation and before the first transfer of any petroleum products or allied petroleum products into any tank of the storage tank system, the owner of the system must ensure that as-built drawings are prepared, bear the stamp and signature of a professional engineer and show

  • (a) the outline of all tanks;

  • (b) the centreline of all piping;

  • (c) the centreline of all underground electrical power and monitor sensor conduits;

  • (d) the building foundation outlines;

  • (e) the property lines; and

  • (f) the secondary containment systems.

Operation and Maintenance

• 35 (1) If the owner or operator of a storage tank system uses an oil-water separator in the operation of the system, the operator must

  • (a) each month, measure, as close to the baffle as possible, the thickness of the free oil layer and the separated solids layer and keep a record of those measurements with the date of measurement; or

  • (b) use an oil-water separator that is electronically monitored.

• (2) If the owner or operator becomes aware of a leak in the storage tank system or a spill, they must, without delay, measure the thickness of the free oil layer and the separated solids layer in the oil-water separator and keep a record of that measurement.

• 36 (1) If the owner or operator of a storage tank system uses an oil-water separator in the operation of the system, the operator must ensure that the oil-water separator’s free oil layer is removed

  • (a) continuously by an automatic skimmer; or

  • (b) in a manner such that the thickness of the layer does not exceed 50 mm.

• (2) The owner or operator must ensure that disposal of the free oil removed occurs in a manner such that there will be no immediate or long-term harmful effect on the environment and the disposal will not constitute a danger to human life or health, and must keep a record of the quantity disposed of, the disposal method and the place where the free oil was disposed of.

• 37 (1) If the owner or operator of a storage tank system uses an oil-water separator in the operation of the system, the operator must ensure that the oil-water separator’s separated solids layer is removed

  • (a) by an automatic removal device; or

  • (b) in a manner such that the thickness of the layer does not exceed 150 mm.

• (2) The owner or operator must ensure that disposal of the separated solids removed occurs in a manner such that there will be no immediate or long-term harmful effect on the environment and the disposal will not constitute a danger to human life or health, and must keep a record of the quantity disposed of, the disposal method and the place where the separated solids were disposed of.

38 If the owner or operator of a storage tank system uses an oil-water separator in the operation of the system, the operator must ensure that the oil-water separator’s water is discharged in a manner such that there will be no immediate or long-term harmful effect on the environment and will not constitute a danger to human life or health.

39 The owner or operator of a storage tank system must not use centrifugal-type pumps to transfer oil-contaminated water from dikes or sumps to the oil-water separator.

• 40 (1) The owner or operator of a storage tank system must ensure that disposal of water that accumulates in the bottom of any tank of the system occurs in a manner such that there will be no immediate or long-term harmful effect on the environment and the disposal will not constitute a danger to human life or health.

• (2) The owner or operator of the storage tank system must keep a record of the quantity of any tank bottom water removed, the date of its removal, the name and address of the individual and, if applicable, the company removing it, the disposal method and the place where it was disposed of.

Release Report

• 41 (1) For the purposes of paragraph 212(1)(a) of the Canadian Environmental Protection Act, 1999, the written report must contain the following information:

  • (a) the names of both the owner and the operator of the storage tank system;

  • (b) the identification number of the storage tank system;

  • (c) the date on which the spill, if any, occurred;

  • (d) each allied petroleum product or type of petroleum product that is the subject of the report;

  • (e) the quantity of each petroleum product or allied petroleum product that is the subject of the report or, if the quantity cannot be determined, an estimate of that quantity;

  • (f) a description of the circumstances of the spill, if any, and any mitigating measures taken; and

  • (g) a description of the measures taken following the spill, if any, to prevent a subsequent occurrence.

• (2) In the event of a spill of less than 100 L of a petroleum product or an allied petroleum product, the report under paragraph 212(1)(a) of the Canadian Environmental Protection Act, 1999 is not required.

Withdrawal from Service

42 The owner or operator of a storage tank system may withdraw the system or any component of it from service

• (a) temporarily, if the withdrawal lasts less than two years; or

• (b) permanently.

Temporary Withdrawal from Service

43 The owner or operator of a storage tank system that temporarily withdraws the system or any component of it from service must keep a record of the date on which they withdrew the system or component from service and must ensure that

• (a) if the system is equipped with a cathodic protection system, the cathodic protection system is maintained and operated during the withdrawal;

• (b) if the system has either underground tanks, other than vertically-oriented underground tanks, or shop-fabricated aboveground tanks and the system or its component has been out of service for more than one year, those tanks are tested for leaks using a tank precision leak detection test in accordance with section 21 before the system or component is returned to service;

• (c) if the system has field-erected aboveground tanks or vertically-oriented underground tanks and the system or its component has been out of service for more than one year, an inspection of the floor of those tanks using one of the following testing methods, namely, ultrasonic, magnetic particle, videographic or vacuum, is performed before the system or component is returned to service; and

• (d) a label is affixed to the system’s fill pipe stating that the system is temporarily out of service.

Permanent Withdrawal from Service

• 44 (1) The owner or operator of a storage tank system that permanently withdraws the system or any component of it from service must have the system or component withdrawn by a person approved to do so by the province in which the system or component is located. If no person has been approved in the province where the storage tank system or component is located, the withdrawal must be supervised by a professional engineer.

• (2) The owner or operator must keep a record that includes the date on which they withdrew the system or component from service and that establishes that the storage tank system or component was withdrawn by an approved person or that the withdrawal was supervised by a professional engineer.

• (3) The owner or operator of the storage tank system must ensure that

  • (a) all liquids and sludge are removed and disposed of;

  • (b) if a tank is being withdrawn from service, the tank is purged of vapours to less than 10% of the lower flammability limit and the presence of vapours is checked with a combustible gas meter; and

  • (c) the withdrawal is done in a way such that there will be no immediate or long-term harmful effect on the environment and it will not constitute a danger to human life or health.

• (4) The owner or operator of the storage tank system must affix a label to the system’s fill pipe stating that the system is permanently out of service.

• (5) The owner or operator must notify the Minister, in writing, of the permanent withdrawal from service of a storage tank system or any component of a storage tank system within 60 days after the day on which it is permanently withdrawn from service.

Removal of Storage Tank Systems

• 45 (1) If a storage tank system or any component of a storage tank system is required to be removed under these Regulations, the owner of the system must have the system or the component removed by a person approved to do so by the province in which the system is located. If no person has been approved in the province where the storage tank system is located, the owner must have the removal supervised by a professional engineer.

• (2) The owner must keep a record establishing that the storage tank system or the component was removed by an approved person or that the removal was supervised by a professional engineer.

Record Keeping

• 46 (1) Subject to subsection (2) and section 31, the owner or operator of a storage tank system that is required to keep a record under these Regulations must keep the record at the owner’s or operator’s place of work nearest to the system for five years after the day on which that record was made.

• (2) The owner or operator of a storage tank system must keep the following records and documents until the system is removed:

  • (a) the record referred to in section 27

    • (i) in respect of an inspection performed under section 22, or

    • (ii) that includes the information referred to in paragraph 27(g); and

  • (b) the record referred to in subsection 33(2) and the documents referred to in section 34.

Repeal

47 [Repeal]

Coming into Force

48 These Regulations come into force on the day on which they are registered.