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

• 23 (1) The owner or operator of a storage tank system installed before June 12, 2008 that has aboveground piping without secondary containment must visually inspect the walls of that piping within two years after June 12, 2008 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, by June 12, 2010, 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 June 12, 2008 must identify the system by submitting to the Minister, in writing, the information set out in Schedule 2

  • (a) by June 12, 2009; or

  • (b) by June 12, 2010 if they submit to the Minister a storage tank system identification progress report containing the information set out in Schedule 3 by June 12, 2009.

• (2) The owner of a storage tank system that is installed on or after June 12, 2008 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 June 12, 2010.

• (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 release in liquid form in the environment that occurs during the transfer or any evidence observed of a leak or of any release in liquid form; and

• (b) beginning two years after June 12, 2008,

  • (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) the 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 June 12, 2008, no later than two years after June 12, 2008; 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 release in liquid form in the environment, 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.