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

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.

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.