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

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Minister[Repealed, SOR/2012-99, s. 20]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

• 1.1 (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.

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 to provide a service to, 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 subsection 3(1) 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

• 2.1 (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.

• (2) Subsection (1) does not apply if the released product does not reach outside the secondary containment of the storage tank system.

• (3) 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.

• (4) Subsection (3) does not apply if the released product does not reach outside the transfer area of the storage tank system and if that transfer area is designed in accordance with subsection 15(1).

• 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 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.

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 above ground that were installed before June 12, 2008 below ground or encased within a filled secondary containment must, by June 12, 2012, 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 June 12, 2008 above ground or encased within an unfilled secondary containment must, by June 12, 2012, 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 June 12, 2008, 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 June 12, 2008 that has single-walled underground tanks, other than those described in subsection3(2), must, within four years after June 12, 2008, permanently withdraw those tanks and their components from service in accordance with section 44 and remove them in accordance with section 45 unless, on June 12, 2008, 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 June 12, 2008, provide the Minister with a declaration, dated after June 12, 2008 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 June 12, 2008 must, within four years after June 12, 2008,

  • (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 June 12, 2008, 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.