Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2020

Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2020

28 January 2020

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994.

These regulations may be cited as the Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2020.

These regulations take effect on 3 February 2020.

In these regulations – abandoned storage system means a storage system that was in use before 31 March 2010 but has not been in use since that day;Act means the Environmental Management and Pollution Control Act 1994; approved form means a form approved by the Director;AS 4482.1 means Australian Standard AS 4482.1 Guide to the investigation and sampling of sites with potentially contaminated soil – Non-volatile and semi-volatile compounds, issued and published on 2 November 2005, as amended or substituted from time to time;AS 4482.2 means Australian Standard AS 4482.2 Guide to the sampling and investigation of potentially contaminated soil – Volatile substances, issued and published on 5 September 1999, as amended or substituted from time to time;AS 4897 means Australian Standard AS 4897 The design, installation and operation of underground petroleum storage systems, issued and published on 5 February 2008, as amended or substituted from time to time;AS 4976 means Australian Standard AS 4976 The removal and disposal of underground petroleum storage tanks, issued and published on 19 February 2008, as amended or substituted from time to time;AS/NZS 5667.11 means Australian Standard AS/NZS 5667.11 Water quality – Sampling – Guidance on sampling of groundwaters, issued and published on 5 April 1998, as amended or substituted from time to time; decommissioning assessment means an assessment conducted in accordance with regulation 36(2)(b) or regulation 38(2)(a); discrepant result, in relation to a loss-monitoring procedure undertaken in relation to a storage system, means a result that – indicates that the storage system may not be providing full and continuous containment; or is inconclusive as to whether the storage system is providing full and continuous containment; environmental site assessment means an assessment carried out in accordance with regulation 29;EPA guidelines means guidelines issued and in force under regulation 53; equipment integrity test, in relation to a storage system, or a component of a storage system, means a test – to determine whether the storage system or component is providing full and continuous containment; and that is – capable, at a minimum, of detecting a leak occurring at a rate of 0.38 litres per hour with at least a 95% probability of detection and a 5% or less probability of false detection; and capable of detecting a leak, described in subparagraph (i), from any part of the storage system that routinely contains petroleum; and evaluated and certified, by an independent third party using loss detection protocols, as meeting the performance standards specified in subparagraphs (i) and (ii); and carried out in accordance with – AS 4897; and the manner of testing certified by the independent third party under paragraph (b)(iii); and loss detection protocols; and reported on in accordance with loss detection protocols; groundwater-monitoring well, in relation to a storage system, means a well that is designed to enable the scrutiny, analysis and sampling of groundwater to determine whether petroleum from the storage system has entered any groundwater in the vicinity of the system; groundwater protection zone means an area of land declared under regulation 5 to be a groundwater protection zone for the purposes of these regulations; infrastructure owner, of a storage system, means a person who is, under regulation 8, an infrastructure owner of the storage system; landowner, in respect of a storage system, means an owner of a parcel of land on which the storage system is situated and includes a person who – has, in the exercise of a right under a mortgage, charge or other encumbrance, taken possession of the parcel of land; and has the power to sell or otherwise dispose of the parcel of land; leak means a loss of petroleum from, or gain of water into, a storage system; loss-monitoring procedure means a procedure, in respect of a storage system, that is – capable, at a minimum, of detecting a leak occurring at a rate of 0.76 litres per hour with at least a 95% probability of detection and a 5% or less probability of false detection; and capable of detecting a leak, described in paragraph (a), from any part of the storage system that routinely contains petroleum; and evaluated and certified, by an independent third party using loss detection protocols, as meeting the performance standards specified in paragraphs (a) and (b); and undertaken in accordance with loss detection protocols; and reported on in accordance with loss detection protocols; loss detection protocols means protocols issued by the Director under regulation 52; mandatory equipment means equipment that consists of all of the following:a non-corrodible tank and non-corrodible piping; secondary containment for a tank and piping; a dispenser sump; fill-point spill containment equipment; overfill protection equipment; a tank pit observation well; equipment that earths a storage system; monitoring well means – a groundwater-monitoring well; or a tank pit observation well; parcel of land means – a parcel of land owned by a landowner; or if a landowner owns several parcels of land, each parcel of which adjoins one or more of the other parcels – all of the parcels of land; petroleum means a fuel, or lubricant, that – is liquid at ambient conditions of temperature and pressure; and is used, is able to be used, or has been used, as a fuel or lubricant; and consists of one or more of the following:hydrocarbons derived from crude oil; biofuel – with or without additives including, but not limited to, ethanol, methanol, esters, toluene, lead, MTBE or ETBE; and includes, but is not limited to, the following:petrol; diesel; high-ethanol fuel such as E85; synthetic fuels such as 100% ethanol or biodiesel; gasoline; used (waste) oil; aviation fuel; kerosene; motor spirit; two-stroke oil; heating oil; piping means piping that routinely contains petroleum, but does not include vent piping or piping for petroleum vapour recovery; small storage system means – a storage system situated on a parcel of land where the total capacity of all storage systems on the parcel of land is less than 5 500 litres; or a storage system that contains used (waste) oil and has a capacity equal to or more than 5 500 litres but in which less than 5 500 litres of used (waste) oil is stored at any one time; small storage system loss-monitoring procedure means a procedure, in respect of a small storage system, that – uses manual tank-gauging in accordance with AS 4897 or any other method that is as capable as manual tank-gauging of detecting a leak; and is carried out on at least 2 occasions, at least 4 months apart, in each year; and requires the results of the procedures carried out to be recorded and given to a system operator of the small storage system within 7 days after they are carried out; storage system means a system that consists of – a tank that – is completely or partially buried in the ground; and contains petroleum or is designed to contain petroleum; and any structure, associated with the tank referred to in paragraph (a), that is designed to control the passage of petroleum into, out of or through the system, and any other structure designed to collect petroleum or contain petroleum loss, including piping and dispenser sumps but not including – petroleum vent piping; or petroleum vapour recovery piping; or the dispenser; or any other structure which is above ground – and includes a tank that was part of a storage system; suitably qualified person means – a person who holds site contamination specialist certification under the Certified Environmental Practitioner Scheme established under by-law 16.2 of the Environment Institute of Australia and New Zealand; or a person certified under a scheme approved by the Director by written notice; or a person approved by the Director by written notice as a suitably qualified person; system operator, in relation to a storage system, means a person who is, under regulation 8, a system operator of the storage system; tank pit observation well means a tank pit observation well that has been installed in accordance with AS 4897; used (waste) oil means oil that has been used for lubrication or other purposes and has become unsuitable for its original purpose due to the presence of impurities or the loss of its original properties.

In these regulations, words and expressions used both in these regulations and in AS 4482.1, AS 4482.2, AS 4897, AS 4976 or AS/NZS 5667.11 have, unless the contrary intention appears, the same respective meanings as they have in those standards.

In these regulations, a storage system is in use if – the storage system is used only to store used (waste) oil, and used (waste) oil is added or removed from the storage system at least once every 3 months; or the storage system is used only to supply a back-up generator and petroleum is added or removed from the storage system at least once every 6 months; or in all other cases – petroleum enters or passes through any part of the storage system at least once a month; and infrastructure is present, the use of which allows petroleum to be removed from the storage system.

In these regulations, a person who is required to scrutinise soil or water may, but is not required to, use probes, testing or analysis to do so.

These regulations do not apply to the following storage systems:

a storage system, the tank of which is situated wholly above ground, together with any pipes, valves or other equipment associated with the storage system, whether situated above or below ground;

a sump, separator, stormwater or wastewater collection system, catchment basin, pit, septic tank or other like structure, except if petroleum routinely passes from one part of the storage system to another;

bunded tanks situated below ground level but not in the ground (for example, bunded tanks in a basement, cellar or tunnel);

a liquefied petroleum gas storage system.

The Director may, by notice, declare an area of land to be a groundwater protection zone for the purposes of these regulations.

The Director may declare under subregulation (1) an area of land to be a groundwater protection zone – to protect water resources such as drinking-water resources in the ground and on the surface; or to protect sensitive ecosystems that may be affected by groundwater quality, such as internationally listed wetlands; or for any other reason determined by the Director.

The Director may, by notice, vary or revoke a declaration made under subregulation (1).

In this regulation – National Environment Protection Council means the National Environment Protection Council established by section 8 of the National Environment Protection Council Act 1994 of the Commonwealth.

For the purposes of these regulations, a person carrying out sampling of groundwater, soil or vapour must collect the sample in accordance with one or more of the following:the National Environment Protection (Assessment of Site Contamination) Measure, made on 10 December 1999 by the National Environment Protection Council, as amended or substituted from time to time; the relevant Australian Standard for collection of samples of that kind, which may include AS 4482.1, AS 4482.2 or AS/NZS 5667.11; another standard that is approved by the Director. Fine not exceeding 100 penalty units.

For the purposes of these regulations, a person carrying out sampling of groundwater, soil or vapour must ensure that any sample that is collected by the person is analysed in a laboratory that is – accredited by the National Association of Testing Authorities in respect of the relevant analysis; or approved by the Director to undertake the relevant analysis. Fine not exceeding 100 penalty units.

The Director may, by notice, determine a standard for the collection of samples for the purposes of subregulation (2)(c).

The Director may, by notice, approve laboratories for the purposes of subregulation (3)(b).

A person must not falsely represent a service offered by the person to be an equipment integrity test. Fine not exceeding 100 penalty units.

A person must not falsely represent a service offered by the person to be a loss-monitoring procedure. Fine not exceeding 100 penalty units.

A person must not prepare an environmental site assessment report under regulation 29(3), a decommissioning assessment report under regulation 36(2)(c), or a further decommissioning assessment report under regulation 38(2)(c), in relation to a storage system, unless the person is a suitably qualified person. Fine not exceeding 100 penalty units.

For the purposes of these regulations, a person is an infrastructure owner of a storage system – if the person is the sole owner, or a joint owner, of the storage system; or where no other person can be identified as the owner or joint owner of a storage system, if the person is a landowner of the land on which the storage system is a fixture.

For the purposes of these regulations, a person is a system operator of a storage system – if he or she manages the day-to-day operations of the storage system; or where there is no person who manages the day-to-day operations of the storage system, if the person is an infrastructure owner of the storage system.

A landowner in respect of a storage system must keep the following records in relation to the storage system:contact details of each system operator of the storage system; contact details of each infrastructure owner of the storage system. Fine not exceeding 50 penalty units.

A landowner in respect of a storage system must ensure that a record kept under subregulation (3) is made available for inspection by the Director within 10 days after the Director requests that the record be made so available. Fine not exceeding 50 penalty units.

A person must, within 30 days after ceasing to be a landowner in respect of a storage system, notify the Director – that he or she is no longer a landowner in respect of the storage system; and of the contact details of any current landowner in respect of the storage system. Fine not exceeding 50 penalty units.

A person who is, under this regulation, an infrastructure owner of a storage system, remains, for the purposes of these regulations, an infrastructure owner of the storage system until – if the storage system has not ceased use – the person ceases to own the storage system; or the storage system is decommissioned in accordance with Part 6.

A person who is, under this regulation, a system operator of a storage system, remains a system operator of the storage system until – the person ceases to manage the day-to-day operations of the storage system; or if the person was a systems operator of the storage system by virtue of being an infrastructure owner of the storage system, the person ceases to be an infrastructure owner of the storage system; or the storage system is decommissioned in accordance with Part 6.

In this regulation – cathodic protection has the same meaning as in AS 4897.

An infrastructure owner of a storage system must ensure that the storage system is not allowed to be in use unless all components of the storage system that are, or are intended to be, in contact with petroleum are made of, or lined with, substances that are compatible with the petroleum stored in the storage system. Fine not exceeding 100 penalty units.

A substance is compatible with petroleum for the purposes of subregulation (2) if both the substance and petroleum maintain, under conditions likely to be encountered in a storage system, their respective physical and chemical properties when they come in contact with one another.

An infrastructure owner of a storage system that incorporates cathodic protection must ensure that the cathodic protection is maintained and tested in accordance with the requirements of AS 4897. Fine not exceeding 100 penalty units.

An infrastructure owner of a storage system must ensure that, before the storage system is allowed to be in use for the first time – the storage system incorporates the mandatory equipment, designed and installed in accordance with the requirements of AS 4897; and an equipment integrity test has been conducted after all installation work, including concreting and sealing, has been completed; and the storage system has passed the equipment integrity test referred to in paragraph (b). Fine not exceeding 100 penalty units.

Subregulation (1)(a) applies to a storage system whether or not AS 4897 requires all or part of the mandatory equipment – to be installed as part of the storage system; and if so installed, to be installed in accordance with the requirements of AS 4897.

A landowner in respect of a storage system must, before the storage system is allowed to be in use for the first time – satisfy himself or herself; and notify the Director, in the approved form – that subregulation (1) has been complied with. Fine not exceeding 100 penalty units.

A person who is to be a system operator of a storage system must ensure that, before the storage system is allowed to be in use for the first time, the storage system has passed an equipment integrity test. Fine not exceeding 100 penalty units.

If a tank forming part of a storage system is replaced, an infrastructure owner of the storage system must ensure that, before the storage system is allowed to be in use, the storage system complies with the requirements of regulation 10(1) and regulation 25(2) as if the storage system were a new storage system. Fine not exceeding 100 penalty units.

Subregulation (1) applies to a storage system whether or not AS 4897 requires all or part of the mandatory equipment – to be installed as part of the storage system; and if so installed, to be installed in accordance with the requirements of AS 4897.

An infrastructure owner of a storage system must ensure that land that is excavated to enable the replacement or repair of the storage system, or any part of the storage system, is scrutinised for contamination by petroleum. Fine not exceeding 100 penalty units.

If scrutiny under subregulation (3) of land excavated for the purposes of that subregulation detects apparent contamination of a parcel of land by petroleum from a storage system, an infrastructure owner of the storage system must – within 7 days after the apparent contamination is detected, notify the Director, in the approved form – of the apparent contamination; and that an environmental site assessment will be carried out on the parcel of land; and ensure that an environmental site assessment is commenced on the parcel of land within 14 days after the contamination is detected. Fine not exceeding 100 penalty units.

If a storage system or piping in a storage system is replaced, an infrastructure owner of the storage system must, before the storage system is allowed to be in use, ensure that – an equipment integrity test is conducted on the storage system after all replacement work, including concreting and sealing, is completed; and the storage system has passed the test. Fine not exceeding 100 penalty units.

If a storage system is replaced, a landowner in respect of the storage system must, before the storage system is allowed to be in use, ensure that – the storage system incorporates the mandatory equipment, designed and installed in accordance with the requirements of AS 4897; and an equipment integrity test has been conducted after all installation work, including concreting and sealing, has been completed; and the storage system has passed the equipment integrity test referred to in paragraph (b); and the Director is notified, in the approved form, that the replacement has taken place, and of the matters referred to in paragraphs (a), (b) and (c). Fine not exceeding 100 penalty units.

If a tank forming part of a storage system, or piping in a storage system, is repaired, an infrastructure owner of the storage system must ensure that, before the storage system is allowed to be in use – the repair work meets the requirements set out in AS 4897 as a minimum; and an equipment integrity test has been conducted on the storage system after all repair work, including concreting and sealing, has been completed; and the storage system has passed the equipment integrity test. Fine not exceeding 100 penalty units.

If a storage system or piping in a storage system is repaired or replaced, a system operator of the storage system must, before the storage system is allowed to be in use, ensure that the storage system has passed an equipment integrity test. Fine not exceeding 100 penalty units.