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

8 A person must not install a storage tank system that has either partially buried or single-walled underground tanks to store petroleum products or allied petroleum products.

• 9 (1) The owner or operator of a storage tank system installed before June 12, 2008 that has single-walled underground tanks, other than those described in subsection3(2), must, within four years after June 12, 2008, permanently withdraw those tanks and their components from service in accordance with section 44 and remove them in accordance with section 45 unless, on June 12, 2008, those tanks have

  • (a) in the case of steel tanks, cathodic protection and leak detection, groundwater monitoring wells or vapour monitoring wells; and

  • (b) in any other case, leak detection, groundwater monitoring wells or vapour monitoring wells.

• (2) In respect of any single-walled underground tank other than a steel tank or a reinforced plastic tank, the owner or operator must, within one year after June 12, 2008, provide the Minister with a declaration, dated after June 12, 2008 and signed by a professional engineer, stating that the tank has normal and emergency venting, the walls of the tank and its floor are impervious to the passage of petroleum product or allied petroleum product, the tank’s structural integrity is maintained and the tank is suitable for the storage of petroleum products or allied petroleum products.

• 10 (1) Subject to subsection (2), the owner or operator of a storage tank system that has single-walled underground piping, other than one described in subsection 3(3), that is installed before June 12, 2008 must, within four years after June 12, 2008,

  • (a) temporarily withdraw that system from service in accordance with section 43, permanently withdraw that piping from service in accordance with section 44, remove it in accordance with section 45 and replace it in accordance with section 14; or

  • (b) permanently withdraw that system from service in accordance with section 44, and

    • (i) in the case of a storage tank system that has shop-fabricated aboveground tanks or underground tanks, other than vertically-oriented underground tanks, remove the system in accordance with section 45, and

    • (ii) in the case of a storage tank system that has field-erected aboveground tanks or vertically-oriented underground tanks, remove all piping and other components that are outside the tanks in accordance with section 45.

• (2) The owner or operator is not required to comply with subsection (1) if, on June 12, 2008, that piping has

  • (a) in the case of steel piping, cathodic protection and leak detection, groundwater monitoring wells, vapour monitoring wells, single vertical check valves or mechanical line leak detection devices; and

  • (b) in the case of non-metallic or copper piping, leak detection, groundwater monitoring wells, vapour monitoring wells, single vertical check valves or mechanical line leak detection devices.

11 The owner or operator of a storage tank system must ensure compatibility between any petroleum products and allied petroleum products to be stored in that system and the material used in the construction of the system.

12 The owner or operator of a storage tank system must not store petroleum products or allied petroleum products in a tank of the system unless a fill pipe and vent line have been installed in that tank and all of the tank’s other openings have been sealed or connected to piping.

13 A person must not use a secondary containment area for storage purposes.

Compliance with Requirements

• 14 (1) The owner or operator of a storage tank system that installs the system or any component of the system on or after June 12, 2008 must ensure that the system or the component conforms to the applicable requirements set out in the following provisions of the CCME Code of Practice:

  • (a) Part 3, subject to the following:

    • (i) excluding Section 3.2, Clause 3.3.1(1)(c), Article 3.3.2, Clause 3.4.1(1)(c), Article 3.4.3, Clauses 3.5.1(1)(a) and 3.6.1(1)(l), Section 3.7, Clause 3.9.2(2)(a), Articles 3.9.4 and 3.10.1, and

    • (ii) in Subclause 3.9.2(1)(a)(ii), the reference to “Aboveground Secondary Containment Tanks” must be read as a reference to “Secondary Containments for Aboveground Flammable and Combustible Liquid Storage Tanks”;

  • (b) Part 4, except Articles 4.2.1 to 4.2.3, Clauses 4.2.4(1)(e) and 4.2.4(2)(h), Articles 4.2.5 and 4.2.6, Sentences 4.2.8(1), 4.2.8(2), 4.2.9(1), 4.3.1(1), 4.3.6(1), 4.3.6(2), 4.3.7(1), 4.3.7(2) and 4.3.8(1), Section 4.4 and Clauses 4.5.1(1)(a), (c) and (d) and Sentences 4.5.2(1) to 4.5.2(4) and 4.5.3(2);

  • (c) Part 5, subject to the following:

    • (i) excluding Sentence 5.2.1(1), Articles 5.2.4 to 5.2.6, Clause 5.4.2(1)(b), Sentence 5.4.3(1) and Section 5.5, and

    • (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, Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids, whichever is in effect at the time the system or component is manufactured; and

  • (d) Section 8.6 and Article 8.7.2.

• (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, Standard for Spill Containment Devices for Flammable and Combustible Liquid Aboveground Storage Tanks, whichever is in effect at the time the storage tank system is 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, Standard for Spill Containment Devices for Flammable and Combustible Liquid Aboveground Storage Tanks, whichever is in effect at the time the storage tank system is manufactured; or

  • (b) the tank bears a certification mark certifying conformity with one of the following standards:

    • (i) CAN/ULC-S652:2016, Standard For Tank Assemblies for the Collection, Storage and Removal Of Used Oil,

    • (ii) CAN/ULC-S653:2016, Standard for Aboveground Horizontal Steel Contained Tank Assemblies for Flammable and Combustible Liquids,

    • (iii) ULC/ORD-C142.5, Concrete Encased Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids, or CAN/ULC-S677, Standard for Fire Tested Aboveground Tank Assemblies for Flammable and Combustible Liquids, whichever is in effect at the time the storage tank system is manufactured,

    • (iv) ULC/ORD-C142.18, Rectangular Steel Aboveground Tanks for Flammable and Combustible Liquids, or CAN/ULC-S601, Standard for Shop Fabricated Steel Aboveground Tanks for Flammable and Combustible Liquids, whichever is in effect at the time the storage tank system is manufactured,

    • (v) ULC/ORD-C142.21, Aboveground Used Oil Systems, or

    • (vi) ULC/ORD-C142.22, Contained Vertical Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids, or CAN/ULC-S601, Standard for Shop Fabricated Steel Aboveground Tanks for Flammable and Combustible Liquids, whichever is in effect at the time the storage tank system is manufactured.

• (3) The owner or operator of a storage tank system that has underground tanks that installs those tanks on or after June 12, 2008 must ensure that those tanks bear a certification mark certifying conformity with one of the following standards:

  • (a) for underground steel tanks

    • (i) if used for storing used oil, CAN/ULC-S652:2016, Standard For Tank Assemblies for the Collection, Storage and Removal Of Used Oil, and

    • (ii) if used for storing other petroleum products or allied petroleum products

      • (A) CAN/ULC-S603-14, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, excluding Section 5 and clause 8.3.3.1, or

      • (B) CAN/ULC-S603.1:2017, Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids;

  • (b) for underground reinforced plastic tanks

    • (i) if used for storing used oil, CAN/ULC-S652:2016, Standard For Tank Assemblies for the Collection, Storage and Removal Of Used Oil, and

    • (ii) if used for storing other petroleum products or allied petroleum products, CAN/ULC-S615-14, Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids; and

  • (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, Standard for Internal Retrofit Systems for Underground Tanks for Flammable and Combustible Liquids, whichever is in effect at the time the storage tank system is manufactured.

• (4) The owner or operator of a storage tank system that has steel underground tanks that installs those tanks on or after June 12, 2008 must ensure that those tanks are protected from corrosion as follows:

  • (a) those tanks must bear a certification mark certifying conformity with CAN/ULC-S603.1:2017, External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids; or

  • (b) those tanks must have a cathodic protection system designed by a corrosion expert.

• (5) The owner or operator of a storage tank system that installs piping on or after June 12, 2008 must ensure that

  • (a) the piping does not have buried or concealed mechanical joints; and

  • (b) any piping other than copper piping bears a certification mark certifying conformity with

    • (i) one of the standards referred to in Clauses 5.2.1(1)(a) to (c) or (g) of the CCME Code of Practice, or

    • (ii) ULC/ORD-C971, Nonmetallic Underground Piping for Flammable and Combustible Liquids, or CAN/ULC-S660, Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids, whichever is in effect at the time the storage tank system is manufactured.

• (6) Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the storage tank system’s component is erected or manufactured, as applicable.

• (7) The owner or operator of a storage tank system must comply with the applicable requirements before any petroleum products or allied petroleum products are first transferred into that system.

• 15 (1) The owner or operator of a storage tank system must ensure that petroleum product and allied petroleum product transfer areas are designed to contain any releases in liquid form in the environment that occur during the transfer process.

• (2) Subsection (1) applies to storage tank systems installed before June 12, 2008 four years after June 12, 2008.

Leak Detection

16 The owner or operator of a storage tank system installed before June 12, 2008 that has single-walled underground tanks must test those tanks using a tank precision leak detection test in accordance with section 21 within two years after June 12, 2008 and after that test they must

• (a) immediately

  • (i) use automatic tank gauging in accordance with section 18, or

  • (ii) use continuous in-tank leak detection in accordance with section 20; or

• (b) annually perform a tank precision leak detection test in accordance with section 21.

• 17 (1) The owner or operator of a storage tank system installed before June 12, 2008 that has single-walled underground piping must test that piping using a piping precision leak detection test in accordance with section 24 within two years after June 12, 2008 and after that test they must

  • (a) immediately

    • (i) use continuous external underground pipe leak monitoring,

    • (ii) use automatic tank gauging in accordance with section 18, or

    • (iii) use continuous in-tank leak detection in accordance with section 20; or

  • (b) annually perform a piping precision leak detection test in accordance with section 24.

• (2) The continuous external underground pipe leak monitoring must

  • (a) be carried out using a sensor cable system designed for installation adjacent to the piping and within the same pipe trench;

  • (b) be capable of detecting a leak rate of at least 0.38 L/h within 96 hours after the onset of the leak at the lowest expected soil temperature at the site where the sensor cable system is installed;

  • (c) be capable of locating the leak with an accuracy of ± 1 m;

  • (d) be capable of continuously monitoring sensor cable system integrity; and

  • (e) have an alarm located at a place of work where it can be readily heard and seen.