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Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (SOR/2008-197)

Regulations are current to 2019-11-19 and last amended on 2017-06-02. Previous Versions

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

SOR/2008-197

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2008-06-12

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

P.C. 2008-1048 2008-06-12

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on April 7, 2007 a copy of the proposed Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 209 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations.

Interpretation

[SOR/2017-110, s. 19(F)]

 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 ground 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 ground and part of its volume below ground, 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[Repealed, SOR/2017-110, s. 20]

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 ground 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)

  • SOR/2012-99, s. 20
  • SOR/2017-110, s. 20
  •  (1) A method or standard that is incorporated by reference into these Regulations is incorporated as amended from time to time.

  • (2) For the purposes of interpreting documents that are incorporated by reference into these Regulations, “should” must be read to mean “must” and any recommendation or suggestion must be read as an obligation.

  • SOR/2017-110, s. 21

Application

  •  (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 to provide a service to, or belongs to, a federal work or undertaking that is

    • (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.

  • SOR/2017-110, s. 22

General Requirements

  •  (1) A person must not release — or permit or cause any release of — a petroleum product or allied petroleum product, in liquid form in the environment, from a storage tank system unless, in the case of a system that provides secondary containment, the release does not reach outside that secondary containment.

  • (2) A person must not release — or permit or cause any release of — a petroleum product or allied petroleum product, in liquid form in the environment, during the transfer of the product to or from a storage tank system if, in the case of a system that has a transfer area, the release during transfer reaches outside the transfer area.

  • SOR/2017-110, s. 23
  •  (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 June 12, 2008 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 June 12, 2008 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 June 12, 2008 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 June 12, 2008 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.

  • SOR/2017-110, s. 37
 
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