Pinchin Environmental Newsletter (PEN #13)

Manitoba Conservation Introduces the
New Petroleum Storage Tank Regulation

On December 17, 2001, the Province of Manitoba enacted the new petroleum storage tank regulation entitled "Storage and Handling of Petroleum Products and Allied Products Regulation, 188/2001" under the Dangerous Goods Handling and Transportation Act.

Most construction and alteration work will now require the involvement of a licensed petroleum technician.

The new regulation adopts about 75% of the content of the following Canadian Council of Ministers of the Environment (CCME) codes for petroleum underground storage tanks (USTs) and aboveground storage tanks (ASTs):

• Environmental Code of Practice for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum Products dated March 1993 (PN 1055).
  
  
• Environmental Code of Practice for Aboveground Storage Tank Systems Containing Petroleum Products dated August 1994 (PN 1148).

One of the major factors affecting building or property managers is the requirement to remove or upgrade underground tanks and piping, and add protective measures to prevent leakage.

As per Part 12, Section 69, where the director is of the opinion that a storage tank system does not meet the CCME codes, and the site is situated in a sensitive area, for example, the director may order the proponent to either alter the storage tank system to achieve compliance or remove the storage tank system within a period of time.

The regulation applies to all sites in Manitoba. Under Part 1, Section 1(2), where a conflict exists between Manitoba's regulation and any other document referenced, Manitoba's regulation takes precedence.

Under Part 2, Section 5(1), no person shall store a petroleum product other than in a storage tank system in accordance with Regulation 188/2001.

Notable changes are discussed below:

Under Part 1, Section 3, the regulation does not apply to AST systems having a total capacity of more than 230 L but less than 5000 L, with some exceptions (refer to regulation).The former regulation applied to ASTs with a capacity of 4545 L or more.

Under Part 2, General Provisions, Section 6, a permit must be obtained prior to receiving petroleum product for a storage tank system. This requirement is scheduled to be enforced at a later date.

Under Part 2, General Provisions, Section 9(a), secondary containment may be required for an AST system of any size in a location where a release of petroleum product could create a risk to public health and safety and the environment as determined by an environment officer.

Under Part 4, Permits for Construction and Alteration, Section 20, no person other than a licensed petroleum technician shall perform any construction or alteration work, unless:

1. the work does not require the technical expertise of a licensed petroleum technician; or
   
   

2. the person performing the work is under the direct supervision of a licensed petroleum technician who is on-site at the time the work is done.

Under Part 10, Licensed Petroleum Technicians, a written examination must be passed and two years of suitable experience obtained prior to receiving a Petroleum Technician Licence.

Out-of-Service Storage Tank Systems

Under Part 9, Section 45, where a storage tank system is not used for 30 days, the owner of the system shall notify an environment officer in writing. Under Section 46, where a system is not used for 180 days, the owner shall remove all petroleum product from the storage tank system. Under Section 47, where a system is not used for one year, the owner shall remove the storage tank system. In some instances, and with the permission of the director, or environment officer, the storage tank system may be abandoned in-place.

Pinchin Environmental can assist petroleum contractors and/or owners/operators with:

• Site Suitability Studies
• Emergency Spill Response Management
• Groundwater monitoring, well installation and checking
• Assessing the need for secondary containment
• Conducting site sensitivity analysis
• Conducting risk assessments
• Phase I, II and III Environmental Site Assessments
• Tank Removal and Contaminated Site Management

A copy of Regulation 188/2001 and the CCME codes may be purchased from the Queen's Printer at 200 Vaughan Street in Winnipeg.