Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations Waste Programs Environment Canada Ontario Tribal Council, Large & Unaffiliated First Nations Meeting October 24, 2013 Sault Ste Marie, ON Intro

Purpose of Regulations To reduce leaks and spills from fuel storage tanks Leaks and spills from fuel storage is single greatest cause of contamination on bands lands Most common cause of problems is poor installation Second most common cause is poor practices when fuel is delivered Petroleum fuel storage is one of the environmental threats on reserves that were identified in the 2009 report of the Office of the Auditor General. Fuel storage tank systems are fixed installation containing petroleum and allied petroleum products. Spills and leaks of petroleum and allied petroleum products from storage tanks systems are of significant to all Canadians, because of the environmental and human health damage they can cause. Information in Treasury Board’s Federal Contaminated Sites Inventory database indicates that approximately 66% of the known contaminated sites on federal and Aboriginal lands were contaminated by petroleum or allied petroleum products. Provinces and Territories regulate the installation, management and removal of storage tank systems; however these regulations do not apply to federal operations and on federal and aboriginal lands. In order to fill this gap in environmental management regulation, on June 12, 2008 Environment Canada put in place regulations created under Part 9 of CEPA, 1999, governing storage tank systems under federal jurisdiction.The purpose of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (SOR, 2008-197) (the Regulations) is to reduce the risk of contaminating soil and groundwater due to spills and leaks of petroleum products and allied petroleum products from storage tank systems and to reduce petroleum products from entering the environment. Reduce leaks into environment & Reduce impact of spill events for soil and groundwater protection A more practical example:… - 1 liter of gasoline can contaminate 1,000,000 liters of water. The key is the prevention of leaks and spills vs. the remediation of leaks & spills (very expensive). Difference: leaks usually mechanical failure, spills usually operator error. We want to use best practices – CCME – Canadian Council of Ministers of the Environment. This aligns us with Provincial regulations. Before June there was nothing to stop leaking tanks on federal land, unless it got into water. A tank can leak for months or years, and contamination can cover long distances. Examples: A Saskatchewan First Nation - people on the reserve started noticing their water tasting and smelling like gasoline. They discovered an underground storage tank was leaking into their water supply. A water pipeline had to be constructed to bring in water from a nearby community. The cost of this incident is in excess of $1 million dollars. A Saskatchewan town - sewer & water workers excavating near a gas station accidently started a flash fire when their backhoe bucket struck a rock and created a spark. It turned out that the UST was leaking gasoline in volumes that has saturated the soil. There were no injuries, but the remediation resulted in a one year delay in delivering clean water to the community, and clean-up costs exceeded $850,000.

What is wrong with this installation? Proper tank design and installation prevents problems Good design = designed by professional Good installation = installed by Picture 1: This is an example of an improperly installed tanks. These two USTs were installed underground. Due to heavy rainfall, the water table in the area became sufficiently high that the tanks simply floated up through the concrete. Had these tanks been properly installed they would have been strapped down and this could not occur. professional (person licenced by province)

What is wrong with these installations? Poor tank installation may put your community at risk Picture 2: This is another example of an improperly installed tank. Pretty much EVERYTHING is wrong on this tank. It’s a water tank (i.e. not designed to store petroleum). It’s single-walled. It’s made of aluminum, not steel. It’s collapsing under its own weight because it’s not designed to support its own weight in this manner when full. The hosing is not meant for fuel. Hose is wrapped in fiberglass (which is flammable). The ‘secondary containment’ is full. The tank appears to leak. Picture 3: This is another example of an improperly installed tank. This is an underground tank installed aboveground. It’s also not properly supported. The piping is also single-walled piping (its water piping not petroleum piping). USTs installed aboveground typically fail because they are not designed to support their own weight when full of fuel UNLESS they are completely surrounded by fill. Picture 4: This is another example of an improperly installed tank. It’s improperly supported and the wood is collapsing under the weight of the tank. Wood is also an additional fire risk (i.e. Fire Code violation).  

Application of the Regulations Video pilot project – Looking for your help Survey Petroleum products – we’re mostly talking about gasoline, diesel, heating oil, etc. Allied petroleum products will also cover newer fuels like E85 and biodiesel. This fills a large regulatory gap – previously tanks on federal land were not subject to regulations as strict as provincial ones. This had been a huge loophole. Aboveground and underground storage tank systems Petroleum products and allied petroleum products Selected Federal House (CEPA 1999, s. 207(1)) Federal departments, boards and agencies Crown corporations Airports, railways and ports Federal lands and Aboriginal lands

Snapshot of Obligations Obligations were phased in over 4 years On June 2012, Regulations were fully in force Prohibited practices: Leaking storage tank systems cannot be operated; Unidentified storage tank systems cannot be operated, i.e. filled; Installation, withdrawal from service, and removal of a storage tank system must only be performed by certified persons Minimum technical standards for design and installation based on national standards and codes of practice Most responsibilities lie with the owner/operator.

Snapshot of Obligations (continued) Register and label STS Emergency plan Keep records for five years or longer Report leaks to Minister Regularly inspect for leaks Systems installed by specified entities Design plans, drawings and specifications that bear stamp and signature of professional engineer Replace “high-risk” tanks (2012) Product transfer area designed to contain spills (2012) Refer to Tank Tip Number 3 Obligations The Regulations outline the obligations for owners/operators of regulated storage tank systems. Storage tank systems must: be registered and labelled [ss. 28 and 29]; have an emergency plan [ss. 30 and 31]; have documents relating to the systems at the workplace of the owner/operator for a period of five years or longer [s. 46]; be reported to Minister if they leak [s. 41]; in certain cases, be inspected annually or monthly for leaks [ss. 16, 17, 22, 23 and 25]; after June 12, 2008, be installed by a person certified or be supervised by an P.Engineer, and have design plans, drawings and specifications that bear the stamp and signature of a professional engineer [ss. 33 and 34]; comply with technical specifications [s. 14]. be replaced if they are considered “high-risk” [ss. 9 and 10]; have a transfer area designed to contain spills [s. 15].  

What are the most common problems? Incomplete emergency plan Improper installation Lack of leak detection testing and maintenance ‘High-risk’ tanks in service Poor design and set-up product transfer areas to contain spills during fuel transfer Poor record keeping Lack of identification This examines these non-compliances as percentages in 2012 of the total number of Storage Tank Regulations inspections made. The lack of emergency plans, a regulatory obligation since 2010, is cited in 33 % of all inspection non-compliances. Incomplete, incorrect or non-existent storage tank systems identifications make up 25% of all regulatory non-compliances. Incomplete or non-existent leak detection was found at 17% of all inspection sites visited in 2012-2013. First Nations identifications underepresented Incomplete identifications Product transfer areas not designed to contain spills Incomplete emergency plans Delivery without EC Identification number (fuel supplier) High risk fuel storage tank system still in service Lack of leak detection

High risk tanks Only 3 FSTS still in service in Ontario located on First Nation Lands identified in FIRSTS Are they really still in service? Is it an identificaiton mistake? Leaking underground single-walled tanks or piping Aboveground tanks installed underground Underground tanks installed aboveground Partially buried tanks Underground single-walled tanks without corrosion protection or a leak-detection system Underground single-walled piping without corrosion protection or a leak-detection system

Considerations for preparation of emergency plans s. 30(1) Emergency plan tells response team what to do if something goes wrong such as a leak or spill Includes location of spill equipment, contact numbers, training Often emergency plans are missing name, phone number or responding procedures and communication plan 50% of identification in FIRSTS do not specify the location of plan Considerations for preparation of emergency plans s. 30(1) Properties and characteristics of product(s) Max. quantity product(s) stored at one time Characteristics of site and surrounding area Sensitivity of environment or human health risks The emergency plan must be updated every year and a copy must be kept in a location that is readily accessible to the individuals required to carry it out. The owner/operator must ensure that the emergency plan is ready to be carried out. All individuals affected in the event of a spill must be notified about the plan, especially if they are mentioned in the plan and have a role to perform. Additionally, drills must be conducted at least every two years so that everyone is familiar with their responsibilities in the event of an emergency. These drills can be conceptual (“desktop drills”) or on-the-ground. Call 911, if appropriate, Fire department. Where are keys to any locking mechanisms, etc. Spill kits – where to get replacement parts (kits are normally $100/each – garbage bags, kitty litter & a mask may work just as well. WHMIS sheet. Here are the required elements for your emergency plan pursuant to section 30 of the Regulations: Keep an updated copy of the emergency plan on site. This copy must be readily available at sites where storage tank systems are located and accessible to all relevant Environment Canada employees. The emergency plan must be reviewed and updated once a year by the designated safety representative. The review page is an effective way of proving that these updates are conducted every year. The plan must list the members of the emergency plan team and outline their roles and responsibilities. Display a list of emergency contacts in the work area and/or near the system, including contact information. Keep required supplies and materials on hand in designated areas so that action can be taken in the event of an incident, e.g. a spill kit as described in Appendix E-2 – Emergency Spill Kit. Keep copies of the Material Safety Data Sheets (MSDS) for all stored products. Conduct drills simulating an emergency situation at least once every two years. Take note of employees who attend or participate in training sessions and drills. Report all incidents to the relevant people, in accordance with Appendix H – Departmental Report in the Event of a Spill and section 5.6.2 of this document. Keep a facility map showing the location of the systems, spill kits, and fire extinguishers. 30. (1) The owner or operator of a storage tank system must prepare an emergency plan taking into consideration the following factors: (a) the properties and characteristics of each petroleum product or allied petroleum product stored in each tank of the system and the maximum expected quantity of the petroleum product or allied petroleum product to be stored in the system at any time during any calendar year; and (b) the characteristics of the place where the system is located and of the surrounding area that may increase the risk of harm to the environment or of danger to human life or health. (2) The emergency plan must include (a) a description of the factors considered under subsection (1); (b) a description of the measures to be used to prevent, prepare for, respond to and recover from any emergency that may cause harm to the environment or danger to human life or health; (c) a list of the individuals who are required to carry out the plan and a description of their roles and responsibilities; (d) identification of the training required for each of the individuals listed under paragraph (c); (e) a list of the emergency response equipment included as part of the plan, and the equipment’s location; and (f) the measures to be taken to notify members of the public who may be adversely affected by the harm or danger referred to in paragraph (b).

Leak Detection When a leak starts leak detection helps to minimize harm For an aboveground tank, leak detection could be as straightforward as regularly walking around the tank and piping looking for leaks Many tanks now come with leak detection installed There are a number of good reasons to properly maintain your storage tank system. For example: To prevent petroleum products from leaking into the environment. Not only do these leaks cause damage to the environment, but legal action could also be taken against you, the owner, or the operator; To extend the lifecycle of your storage tank system for as long as possible. Withdraw and replacement of storage systems can be extremely costly; To show due diligence; and To comply with the requirements of the Regulations.

What is a Product Transfer Area? CURB The Regulations define a “transfer area” as: “the area around the connection point between a delivery truck, railcar, aircraft or vessel and a storage tank system in which the tanks have an aggregate capacity of more than 2 500 L.” So, the PTA is the area associated with a STS where product (petroleum products and/or allied petroleum products) is transferred into the STS, typically from a product delivery truck, but may include other delivery vehicles such as boats and trains. Background - Why performance-based approach? Consultations on the STR Participants noted that prescriptive-based requirements for PTAs were more expensive and no more effective than performance-based Traditional PTAs (e.g. curbed & diked concrete) may be difficult to install in some remote locations Prescriptive requirements didn’t permit use of new and innovative technologies Cabinet Directive on Streamlining Regulation Promote efficiency and effectiveness of regulation by ensuring that the advantages of regulation justify the costs Departments must set out regulatory requirements for technical regulations based on performance rather than design or descriptive characteristics The area around the connection points between a delivery vehicle and STS

Product Transfer Areas (PTAs) Prevent problems by helping to contain spills that occur during tank filling A good PTA should be designed to contain sufficient volume to contain most spills

Product Transfer Areas There are several systems that have not indicated they have a design in place In the event of a law enforcement inspection, the major points that will be checked for product transfers are the following: Physical containment The capacity of the transfer area for containing spills Volume calculation Proof of test Intent Risk analysis and results Ability to detect and react to spills Operational procedures Emergency plan There is a 50 page consultant’s report which we can share on the topic of product transfer areas. The intent is not to force everyone to pave over their parking lots. In a rural area some form of geothermal membrane may do the job. For urban reserves, tarmac may be the best solution. In the north, when transfer is only happening in the winter, an ice layer may be spill containment for the transfer area. This part of the regulations still requires work. It is probably the most confusing area. The intent is to come up with innovative solutions – permanent berms aren’t required.

Identification – On-line - To Obtain System ID www.ec.gc.ca “FIRSTS” First need to e-mail tankregistry@ec.gc.ca to get log-in information is you are going to register on-line. Federal Identification Registry for Storage Tank Systems. FASTER WAY TO IDENTIFY

Identification - Paper Form Remember: Fuel deliverer could be in violation if they fill tank without an ID # Fax # = 819-953-7253 on a previous slide. Mailing address is on form Suppliers’ responsibilities… Not transfer products into storage system unless ID visible and record ID (Page 1 of 6)

Spill reporting 5 incidents reported in Ontario in 2012 No Enforcement inspection where non-compliance found UseSpill Reporting Lines Across Canada In Ontario – Spills Action Centre 1-800-268-6060 Use provincial numbers. Spill reporting requirements s.41 Verbal notification as soon as possible + Written follow up for spills 100 liters or larger NO EERP and No PTA = may be not reporting if spill occurs

Keep Secondary Containment Empty Poorly maintained secondary containment can be problematic Keep secondary containment free of water, and do not use it for storage Enforcement noticing debris in secondary containment and will start looking at it…… Heads up!

What happens if an EC Enforcment Officer (EO) inspects your system? Will identify themselves and ask questions about your tank system and other requirements of the regulations Will look for ID number and may ask to see some documentation (e.g. emergency plan, maintenance records, leak detection records, etc.) If a problem is found, EO will typically let you know what it is and may give you a timeframe to address it Most 2 common types of tools used to address a violation Warning Letter Environmental Protection Compliance Order (EPCO) Administrative stuff (no risk for the env and human health = warning) Leaking or risk identified = EPCO The Regulations is created under Section 209 of CEPA, 1999. in summary, the maximum penalties include fines of up to $1 million a day for each day an offence continues, imprisonment for up to three years, or both. In reality, the main 2 tools used to enforce the regualtions are: Warning Letter and EPCO, both give you some time to address the non-compliance issues. If you receive a notice of a violation from Enforcement and you need assisance to become compliant, please do not hesitate to contact us and we will guide you in the right direction to meet compliance The main objective for Enforcement is to ensure the reduction of the release of fuel into the environment as a result of poor installation, operation or management of storage tank systems in the federal house. Based on the main compliance issues discussed earlier some activities will be done at Environment Canada: -Since some FSTS are at risk for the environment and out of compliance, Enforcement will put their efforts for these systems -Mail-outs to suppliers of fuel specifically to First Nations to remind them and their clients that fuel cannot be delivered to storage tanks on federal and aboriginal lands that do not have an Environment Canada storage tank identification number. -Programs prepares lists of those tank owners who have registered their tanks in the FIRSTS database and areas of non-compliance have been found (i.e. indication of high risk tanks still in service, lack of product transfer area for tank system, etc.). Program sends lists to Enforcement for follow-up. 1- Program will work in the next fiscal year on extracting data that needs attention and will communicate with regulatees to resolve the issue 2-Program will extract a list of suspicious tanks that should be regulated on FN and share the list with Compro and Enforcement. A strategy will be developed. 3-Enforcement will look at FSTS to ensure the manufacture tags are not present and/or unclear for reporting as per schedule 2 of the Regulations. Program will share the list. 5-FIRSTS does not show the distinction of s.2 of the Regulations. Program will work on updating the database to ensure s.2 is better reflected in FIRSTS Since PTA and EERP remains a major compliance issue, perhaps Enforcement activities in 2014-15 could focus on these areas.

Available resources Useful websites EC’s Storage Tank website for Petroleum and Allied Petroleum Products – http://www.ec.gc.ca/st-rs/. Contains link to Regulations. CCME Environmental Code of Practice for Aboveground and Underground Storage Tank Systems Containing Petroleum and Allied Petroleum Products – http://www.ec.gc.ca/ceparegistry/documents/regs/CCME/toc.cfm Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 -http://www.ec.gc.ca/CEPARegistry/documents/policies/candepolicy/toc.cfm National Fire Code of Canada http://www.nationalcodes.ca/nfc/index_e.shtml

Available Resources (continued) Lisa McClemens, Environment Canada – Ontario Region lisa.mcclemens@ec.gc.ca (613) 949-8278 Aaron Dornan, Environment Canada Headquarters – Gatineau aaron.dornan@ec.gc.ca (819) 934-2991 Marie-Michelle Modéry, Environment Canada Headquarters – Gatineau marie-michelle.modery@ec.gc.ca (819) 953-0459 General inquiries: TankRegistry@ec.gc.ca

Thank You

Appendix A- Leak detection overview