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

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 any release in liquid form in the environment 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 any release in liquid form in the environment and any mitigating measures taken; and

  • (g) a description of the measures taken following any release in liquid form in the environment to prevent a subsequent occurrence.

• (2) In the event of a release in the environment of less than 100 L of a petroleum product or an allied petroleum product, in liquid form, 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.