Frequently asked questions: Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

1. What is the purpose of the Regulations?
2. What are the key elements of the Regulations?
3. How do the Regulations affect Canadian businesses?
4. What is the timeline for implementation?
5. Where can I get more information?

1. What is the purpose of the Regulations?

The purpose of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (the regulations) is to protect Canada’s environment and the health of Canadians by reducing the risk of contaminating soil and groundwater due to releases of petroleum products and allied petroleum products from storage tank systems under the Federal House.

The Regulations were created to provide a comparable level of environmental protection for storage tank systems under federal jurisdiction as those under provincial jurisdiction.

2. What are the key elements of the Regulations?

The Regulations establish technical requirements for the design, installation, maintenance and removal of storage tank systemsunder federal jurisdiction.

The Regulations apply to storage tank systems that:

• are comprised of tanks that have a capacity of more than 230 litres and are designed to be installed in a fixed location
• contain petroleum products such as used oil, home heating oil, jet fuel, diesel and gasoline, or allied petroleum products such as biodiesel, general purpose thinners for lacquers, isopropanol, uninhibited ethylene glycol and E85 fuel (see Schedule 1 of the Regulations for a complete list of allied petroleum products), and
• are either:
  • located on aboriginal land, including systems owned or operated by band councils or private businesses such as gas stations
  • located on federal land, including systems in federal parks owned or operated by private companies
  • operated by a federal department, board or agency, or owned by the Crown regardless of where the systems are located, or
  • operated to provide a service to, or belong to a federal work or undertaking, including a railway, port authority or airport

The regulated community consists of the owners and operators of the regulated storage tank systems, as well as persons who deliver petroleum products and allied petroleum products to these systems.

3. How do the Regulations affect Canadian businesses?

The Regulations may affect various business sectors in Canada, including the federal government, port authorities, airports and railways. They may also affect individuals and companies, such as gas stations, located on federal or Aboriginal land.

Owners of storage tank systems are required to identify their systems using the Federal Identification Registry for Storage Tank Systems (FIRSTS). The owner or operator must display the identification number issued through FIRSTS in a readily visible location on or near the storage tank system before the first transfer of product into the system. In addition, owners or operators must develop an emergency plan for each storage tank system. The Regulations also have leak detection and monitoring requirements, as well as requirements for leaking systems.

The installation of new storage tank systems as well as the permanent withdrawal or removal of a storage tank system must be performed by a person approved to do so by the province or territory in which the system is located. However, if no person has been approved in the province or territory where the storage tank system is located, the work must be supervised by a professional engineer. The product transfer area of the storage tank system must also be designed in such a way as to contain releases in liquid form from reaching the environment during the transfer process.

The Regulations prohibit any release to the environment of a petroleum product or allied petroleum product in liquid form from a storage tank system. As soon as a release occurs, or the possibility of a release becomes apparent, the owner or operator must report it without delay by calling the 24/7 environmental reporting authority of the province or territory in which the release occurred.

Lastly, the Regulations require that specific records about the storage tank system be maintained and kept at the place of work nearest to the system.

4. What is the timeline for implementation?

The Regulations, made under the authority of the Canadian Environmental Protection Act, 1999, came into force on June 12, 2008, and all requirements of the Regulations are now in force.

All storage tank systems subject to the Regulations must be identified in FIRSTS, the product transfer area must be designed to contain releases, and the emergency plan must be prepared before the first day on which the petroleum product or allied petroleum product is transferred into the system. If there are any changes to the reported information about a storage tank system (for example, removal of a tank or a component in the system, change in contact information, etc.) these changes must be reported through FIRSTS within 60 days.

5. Where can I get more information?

The Regulations can be found on the Justice Laws website.

More information on the Regulations can be found on the storage tanks for petroleum and allied petroleum products webpage.

Inquiries about the Regulations can be directed to the Storage Tank Program by emailing registrereservoir-tankregistry@ec.gc.ca or by phoning 1-844-672-8038.

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and consulting with Canadians websites.