Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program): SOR/2020-235

Canada Gazette, Part II, Volume 154, Number 23

Registration
SOR/2020-235 October 26, 2020

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

P.C. 2020-828 October 23, 2020

Whereas, pursuant to subsection 332(1) footnote a of the Canadian Environmental Protection Act, 1999 footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on May 25, 2019, a copy of the proposed Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program), substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

And whereas, pursuant to subsection 209(3) of that Act, before recommending the amendments to the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations that are contained in the proposed Regulations, the Minister of the Environment offered to consult with the governments of the territories to which those amendments apply and with the members of the Committee who are representatives of Aboriginal governments that have jurisdiction over Aboriginal land to which those amendments apply;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 209 footnote c of the Canadian Environmental Protection Act, 1999 footnote b, makes the annexed Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program).

Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program)

Amendments

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) Subsection (1) does not apply if the released product does not reach outside the secondary containment of the storage tank system.

(3) 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.

(4) Subsection (3) does not apply if the released product does not reach outside the transfer area of the storage tank system and if that transfer area is designed in accordance with subsection 15(1).

2 (1) Subparagraph 14(1)(c)(ii) of the Regulations is replaced by the following:

(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, 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

(3) Subparagraphs 14(2)(b)(iii) and (iv) of the Regulations are replaced by the following:

(4) Subparagraph 14(2)(b)(vi) of the Regulations is replaced by the following:

(5) Clause 14(3)(a)(ii)(B) of the English version of the Regulations is replaced by the following:

(6) Paragraph 14(3)(c) of the Regulations is replaced by the following:

(7) Subparagraph 14(5)(b)(ii) of the Regulations is replaced by the following:

3 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

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 Item 1(e) of Schedule 1 to the English version of the Regulations is replaced by the following:

6 Items 4 and 5 of Schedule 1 to the Regulations are replaced by the following:

Coming into Force

7 These Regulations come into force on the day on which they are registered.

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 Amendments]. The 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.

Objective

The objective of the Amendments is to increase clarity and remove inconsistencies in the regulatory text.

Description and rationale

The Amendments serve the following purposes:

The Amendments will 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 Amendments, as there will be no change in administrative costs or burden to businesses.

The small business lens does not apply to the Amendments, as there will be no costs to small businesses.

Consultation

On May 25, 2019, the Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Miscellaneous Program) were published in the Canada Gazette, Part I, for a 60-day public comment period. During the comment period, comments were received from three stakeholders. Two stakeholders wanted clarification about the Amendments. The other requested the inclusion of a technical standard for collapsible fabric storage tanks (bladders) and suggested further changes to the Regulations. However, the objective of the current Amendments is to address issues raised by the SJCSR and, therefore, these comments were found to be beyond the scope of the miscellaneous amendment and will be considered during the future review of the Regulations. The CEPA National Advisory Committee (NAC) was provided with an offer to consult on the proposed Amendments. No comments were received from the CEPA NAC.

Contacts

Nathalie Perron
Director
Waste Reduction and Management Division
Plastics and Waste Management Directorate
Environment and Climate Change Canada
Email: ec.registrereservoir-tankregistry.ec@canada.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Environment and Climate Change Canada
Email: ec.darv-ravd.ec@canada.ca