Canada Gazette, Part I, Volume 153, Number 21: Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program)
May 25, 2019
Statutory authority
Canadian Environmental Protection Act, 1999
Sponsoring department
Department of the Environment
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Department of the Environment (the Department) administers a wide range of regulations under the Canadian Environmental Protection Act, 1999 (CEPA). Regulations are reviewed and updated from time to time to ensure that they continue to be administered efficiently and provide clarity for regulated parties. The Department has identified the need for a number of minor administrative amendments to the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program) [the proposed amendments]. The proposed amendments are in response to concerns, comments and recommendations from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) regarding a lack of clarity and some inconsistencies in the regulatory text.
Objectives
The objective of the proposed amendments is to increase clarity and remove inconsistencies in the regulatory text.
Description and rationale
The proposed amendments would
- 1. Modify section 2.1 of the Regulations to clarify that section 2.1 prohibits a release of petroleum products or allied petroleum products to the environment; however, a release within the secondary containment of a tank, or a transfer area, is not prohibited.
- 2. Clarify the wording in section 14 to ensure consistency between the English and the French versions and to provide greater clarity, specifically when referring to the most recent version of standards.
- 3. Fix a typographical error in Clause 14(3)(a)(ii)(B) where an “S” was omitted in the Underwriters’ Laboratories of Canada (ULC) standard number [in the English version only]. The standard number is CAN/ULC-S603.1:2017.
- 4. Change the wording to be consistent with the language in other sections of the Regulations when referring to the time a standard is in effect, particularly in the following section and subsection:
- (a) section 18; and
- (b) subsection 22 (2).
- 5. Fix typographical errors in Schedule 1 of the Regulations, by changing the word “thinners” to its singular form “thinner” (in the English version only) and changing the dashes to periods in two standard numbers.
The proposed amendments would not have an impact on compliance or administrative costs.
“One-for-One” Rule and small business lens
The “One-for-One” Rule does not apply to the proposed amendments, as there would be no change in administrative costs or burden to business.
The small business lens does not apply to the proposed amendments, as there would be no costs to small business.
Contacts
Nathalie Perron
Director
Waste Reduction and Management Division
Industrial Sectors, Chemicals, and Waste Directorate
Environment and Climate Change Canada
Email: ec.registrereservoir-tankregistry.ec@canada.ca
Matt Watkinson
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Environment and Climate Change Canada
Email: ec.darv-ravd.ec@canada.ca
PROPOSED REGULATORY TEXT
Notice is given, pursuant to subsection 332(1) footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Governor in Council proposes, pursuant to section 209 footnote c of that Act, to make the annexed Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program).
Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or, within 60 days after that date, file with the Minister a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Nathalie Perron, Director, Waste Reduction and Management Division, Environmental Protection Branch, Environment and Climate Change Canada, 351 Saint-Joseph Blvd., Gatineau, Quebec K1A 0H3 (fax: 819‑938‑4553; email: ec.registrereservoir-tankregistry.ec@canada.ca).
Ottawa, May 16, 2019
Julie Adair
Assistant Clerk of the Privy Council
Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program)
1 Section 2.1 of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations footnote 1 is replaced by the following:
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) 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.
(3) Subsections (1) and (2) do not apply if the released product does not reach outside of the secondary containment or transfer area of the storage tank system.
2 (1) Subparagraph 14(1)(c)(ii) of the Regulations is replaced by the following:
- (ii) in Clauses 5.4.4(1)(a) to (c), the references to standards must be read as references to ULC/ORD-C971, Nonmetallic Underground Piping for Flammable and Combustible Liquids, or to CAN/ULC-S660-08, Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids, whichever was most recently published at the time the system or component was manufactured; and
(2) The portion of subsection 14(2) of the Regulations before paragraph (b) is replaced by the following:
(2) The owner or operator of a storage tank system that has aboveground tanks that installs those tanks on or after June 12, 2008 must ensure that those tanks are equipped with a spill containment device that bears a certification mark certifying conformity with ULC/ORD-C142.19, Spill Containment Devices for Aboveground Flammable and Combustible Liquid Storage Tanks or with CAN/ULC-S663-11, Standard for Spill Containment Devices for Flammable and Combustible Liquid Aboveground Storage Tanks, whichever was most recently published at the time the storage tank system was manufactured, unless
- (a) the tank is filled remotely and its remote fill is equipped with a spill containment device that bears a certification mark certifying conformity with ULC/ORD-C142.19, Spill Containment Devices for Aboveground Flammable and Combustible Liquid Storage Tanks, or with CAN/ULC-S663-11, Standard for Spill Containment Devices for Flammable and Combustible Liquid Aboveground Storage Tanks, whichever was most recently published at the time the storage tank system was manufactured; or
(3) Subparagraphs 14(2)(b)(iii) and (iv) of the Regulations are replaced by the following:
- (iii) ULC/ORD-C142.5, Concrete Encased Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids, or CAN/ULC-S677-14, Standard for Fire Tested Aboveground Tank Assemblies for Flammable and Combustible Liquids, whichever was most recently published at the time the storage tank system was manufactured,
- (iv) ULC/ORD-C142.18, Rectangular Steel Above-ground Tanks for Flammable and Combustible Liquids, or CAN/ULC-S601-14, Standard for Shop Fabricated Steel Aboveground Tanks for Flammable and Combustible Liquids, whichever was most recently published at the time the storage tank system was manufactured,
(4) Subparagraph 14(2)(b)(vi) of the Regulations is replaced by the following:
- (vi) ULC/ORD-C142.22, Contained Vertical Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids, or CAN/ULC-S601-14, Standard for Shop Fabricated Steel Aboveground Tanks for Flammable and Combustible Liquids, whichever was most recently published at the time the storage tank system was manufactured.
(5) The English version of Clause 14(3)(a)(ii)(B) of the Regulations is replaced by the following:
- (B) CAN/ULC-S603.1:2017, External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids;
(6) Paragraph 14(3)(c) of the Regulations is replaced by the following:
- (c) for underground tanks that are double containment linings, ULC/ORD-C58.4, Double Containment Fibre Reinforced Plastic Linings for Flammable and Combustible Liquid Storage Tanks, or CAN/ULC-S669-14, Standard for Internal Retrofit Systems for Underground Tanks for Flammable and Combustible Liquids, whichever was most recently published at the time the storage tank system was manufactured.
(7) Subparagraph 14(5)(b)(ii) of the Regulations is replaced by the following:
- (ii) ULC/ORD-C971, Nonmetallic Underground Piping for Flammable and Combustible Liquids, or CAN/ULC-S660-08, Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids, whichever was most recently published at the time the storage tank system was manufactured.
3 (1) Section 18 of the Regulations is replaced by the following:
18 Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time of the certification. Equipment used for automatic tank gauging referred to in subparagraphs 16(a)(i) and 17(1)(a)(ii) must have an alarm located at a place of work where it can be readily heard and seen and must bear a certification mark certifying conformity with
- (a) ULC/ORD-C58.12, Leak Detection Devices (Volumetric Type) for Underground Flammable Liquid Storage Tanks, or CAN/ULC-S675.1-14, Standard for Volumetric Leak Detection Devices for Underground and Aboveground Storage Tanks for Flammable and Combustible Liquid, whichever was most recently published at the time the storage tank system was manufactured; or
- (b) CAN/ULC-S675.2-14, Standard for Non Volumetric Precision Leak Detection Devices for Underground and Aboveground Storage Tanks and Piping for Flammable and Combustible Liquids, or ULC/ORD-C58.14, Non Volumetric Leak Detection Devices for Underground Flammable Liquid Storage Tanks, whichever was most recently published at the time the storage tank system was manufactured.
4 Subsection 22(2) of the Regulations is replaced by the following:
(2) The inspection of the vertical aboveground tanks must be performed in accordance with the version of API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction that is in effect at the time of the inspection.
5 (1) Item 1(e) of the English version of Schedule 1 to the Regulations is replaced by the following:
- (e) CAN/CGSB-1.110, General Purpose Thinner for Lacquers
(2) Items 4 and 5 of Schedule 1 to the Regulations are replaced by the following:
- 4 Acetone that meets the requirements of CGSB 15.50, Technical Grade Acetone
- 5 Methyl Ethyl Ketone that meets the requirements of CGSB 15.52, Technical Grade Methyl Ethyl Ketone
Coming into Force
6 These Regulations come into force on the day on which they are registered.