The Control of Pollution (Oil Storage)(England) Regulations 2001 By Brian Baker, Fire Safety & Petroleum Officer Milton Keynes Council O n the 1st March 2002, the Control of Pollution (Oil Storage) (England) Regulations 2001 comes into force in England only. Initially, one may think that it has little to do with the Petroleum Industry but the regulations specifically mention petrol under the definition of “Oil”! The Regulations will be enforced by the Environment Agency but there is no provision within them to consult prior to issuing any formal (legal) notice though in practice Petroleum Licensing Authorities will be advised of any oil storage if the site is issued with a Petroleum Licence. A brief summary of what the Regulations cover is of interest and signposts to an extend where future legislation on Flammable or Dangerous Substances is concerned.
Requirements for the Storage of Oil (Regulation No.3) Here we have the functional requirements of the regulations as follows; Any Oil shall be stored in a container that is of ‘sufficient’ strength and structural integrity and is unlikely to burst or leak The Container must have a secondary containment system which satisfies the following; Have a capacity of not less than 110% Positioned so it is safeguarded against impact The Base and Walls must be impermeable The Base and Walls must not be capable of being penetrated by any valve, pipe or other opening which is used for draining the system Any Fill Pipe or Draw off Pipe must be sealed at its junction
Definitions; (Regulation No.1) There are 5 terms under Regulation No.1 that make reference to definitions; “Container” means a fixed tank, a drum or a mobile bowser or (even if not connected to fixed pipework), an intermediate bulk container. “Drum” means an oil drum or similar used for storing oil “Fixed Tank” includes an intermediate bulk container, which is connected to fixed pipework
“Oil”means any kind of oil and includes petrol
Any Valve, Filter Sight Gauge, Vent Pipe or any ancillary equipment must be located within the secondary containment system Should a Fill Pipe not be situated within the secondary containment system, a Drip Tray must be used for catchment. Where any Drum is used for oil storage with a Drip Tray, the tray must have a capacity of not less than 25% of the Drum’s storage capacity or the total aggregate storage capacity
Fixed Tanks (Regulation No.4) This regulation is concerned with permanent fixed storage tanks and prescribes the following features;
Disapplication; (Regulation No.2)
Any Sight Gauge must be properly supported and fitted with a valve that must be closed automatically when not in use Any Fill Pipe, Draw off Pipe or Overflow Pipe must be positioned to minimise any risk of impact If storage is underground, the following applies;
The Regulations do not apply to; Oil that is Waste within the meaning of the Waste Management Licensing Regulations 1994 (Forecourt Drainage, Interceptors?) In an y container within a building or wholly underground In any container with a storage capacity of 200 litres or less O n any premises mainly used as a dwelling if the oil storage capacity is 3,500 litres or less (v) Premises used for refining oil (petrol) For onward distribution of oil to other places (vii) O n any Farm where oil (petrol) is for agricultural use
The Tank must have no mechanical joints except at a place which accessible for inspection by removing a Hatch or Cover Must be protected against physical damage Have a facility for detecting leaks If fitted with continuous leak detection system, it must be maintained in good working order If not fitted with a leak detection system, the installation must be tested including all mechanical pipe work once every 5 years If metal pipe is used, it must be corrosion protected
“Secondary Containment System” means a drip tray, an area surrounded by a bund or any other system preventing oil (petrol) which is no longer in its container from escaping from the place where it is stored.
The Tank must be fitted with an Overfill Prevention Device Any Screw fitting or other fixed coupling must be sound, secure and in good order Where Oil is from the Tank is delivered by flexible pipe permanently attached to the Container; The Pipe must be fitted with a tap or valve at the delivery end which closes automatically when not in use The tap or valve must not be capable of being fixed in the open position unless it has an automatic shut off device The pipe must be enclosed in a secure cabinet that is lockable For Dispensers, a non-return valve must be fitted in the feed line, be positioned to minimise any impact and protected against unauthorised use.
In the case of Vent pipes, taps or valves where oil can be discharged from the tank to the open must be situated within the secondary containment system, arranged so as to discharge oil vertically downwards and contained and for taps or valves, they must be fitted with a lock Mobile Bowsers (Regulation 5 ) Requirements for Mobile Bowsers should be designed to be locked shut when not ib use and where flexible pipe is used to deliver oil it must be fitted with a manually operated pump that closes at the delivery end when not in use. Transitional Provisions (Regulation 6 ) If an installation was in use before 1st September 2001, the Regulations will not apply to it until 1st September 2005. Additionally, the preceding provisions will apply from 1st September 2003 if any container is 10 metres within any inland freshwater or coastal water and 50 metres from any well or borehole
Notices to Minimise Pollution in Transitional Cases (Regulation 7) If the Environment Agency consider there is a serious risk of pollution to groundwater, a notice can be served on the person having custody or control of the oil storage requiring them to carry out such works or take steps so as to minimise the risk. The Notice will state a description of the works to be carried out, the time period as when all works or steps are to be completed by(not less than 28 days) and advise the person as to their Rights of Appeal. The Agency also have power to withdraw, extend or modify any Notice served under the Regulations. Right of Appeal in Transitional Cases (Regulation 8) Anyone served with a Notice can appeal under this Regulation within 28 days of its service to the Secretary of State (DEFRA) stating in writing the reasons for the Appeal and what matters should be taken into account. The appellant or Agency or both may be heard in person. On determining the appeal, the Secretary of State may modify, request withdrawal of the Notice, extend the notice or dismiss the appea. No time period is given for an Appeal Offences (Regulation 9) Any one found causing any contravention of the Regulations shall be guilty of an offence and on summary conviction be liable for a Fine not exceeding the statutory maximum or on conviction on indictment, to a Fine. The Regulations therefore have an impact on petroleum storage where current licensed sites are located and indeed diesel storage, whether they be on a Retail Forecourt or Workplace Storage locations. Licensing Authorities may need to identify where these Regulations apply and liase with the appropriate Environment Agency representative.