Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations
On June 12, 2008, Environment Canada introduced the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations under the Canadian Environmental Protection Act, 1999. These regulations apply to fuel storage tank systems on federal and Aboriginal lands, including reserve lands. The goal of the regulations is to reduce the risk of soil and ground water contamination due to spills and leaks from these systems.
As owners and operators of infrastructure on reserve, First Nations are responsible for ensuring all applicable storage tank systems under their control are in compliance with the regulations in order to ensure continuous delivery of fuel to their communities. Third parties (such as commercial and industrial operators) with storage tank systems on federal and Aboriginal lands are also responsible for complying with the regulations.
These regulations apply to owners/operators of all aboveground and underground storage tank systems that are on reserve lands and that contain petroleum products (e.g. fuel) or allied petroleum products (e.g. ethylene glycol), with the exception of the following:
- containers smaller than 230 litres;
- indoor storage tanks where the building provides secondary containment;
- outdoor, aboveground storage tanks systems that have a total combined capacity of 2,500 litres or less and are connected to a heating appliance or an emergency generator; and,
- mobile tanks that bear a Transportation of Dangerous Goods (TDG) certification mark.
The regulations also state that all regulated leaking fuel storage tank systems located on reserves must be withdrawn from service until repaired or replaced. Any single-walled underground storage tanks and/or piping that leaks must be permanently withdrawn from service.
Also, as of June 13, 2010:
- Owners were required to identify their storage tanks with Environment Canada in order to ensure continuous delivery of fuel. Fuel suppliers were also prohibited from delivering fuel to fuel storage tank systems that do not have an Environment Canada identification number.
- Once a storage tank is identified to Environment Canada, an identification number will be issued. Owners and operators of fuel storage tanks must ensure that the identification number is displayed in a readily visible location on or near the storage tank system.
- If a storage tank was installed prior to June 12, 2008, the owner or operator must complete a leak detection test unless the storage tank system has existing leak detection.
- Owners and operators must prepare an emergency plan to guide the response in the event of a leak or spill from a storage tank system.
Additionally, effective June 13, 2012, the following requirements must be met:
- High-risk systems, as defined by the regulations, must be permanently withdrawn from service.
- All fuel storage tank systems must have product transfer areas designed to contain spills that may occur during the transfer process.
The cost of upgrading identified storage tank systems in order to bring them into compliance with the regulations is an eligible expenditure under the Capital Facilities and Maintenance Program (CFMP) of Indigenous and Northern Affairs Canada. Between 2011 and 2016, the Government will have invested $45 million from Budget 2011 to help First Nations ensure that fuel tanks that power their essential community services, such as water and wastewater treatment plants, schools and community buildings, meet environmental safety standards. In addition to the $45 million announced in Budget 2011, INAC committed $34.5 million over five years from the Capital Facilities and Maintenance Program for a total investment of $79.5 million to bring 750 essential First Nation fuel tanks into compliance. As of 2013-2014, 583 fuel storage tank systems have either been upgraded or replaced.
First Nations may apply for funds through the usual regional infrastructure investment planning process. For more information on the CFMP, including eligibility, how available funding is prioritized and how you can apply, please contact your local Aboriginal Affairs and Northern Development Canada office.
Your local Aboriginal Affairs and Northern Development Canada office may also be able to provide you with information it has collected regarding your community-owned and -operated fuel storage tank systems that could assist you in determining whether or not they are in compliance with the regulations.
If you would like more information about the regulations, please contact Environment Canada's Inquiries Centre by phone: 1-800-668-6767, or by e-mail: firstname.lastname@example.org, or by visiting Petroleum and Allied Petroleum Products Storage Tanks Regulations.
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