Petroleum Management Regulations

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This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Petroleum Management Regulations

made under Sections 25 and 84 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 2002-139 (March 28, 2002, effective April 1, 2002), N.S. Reg. 44/2002

Citation
1 These regulations may be cited as the Petroleum Management Regulations.

Definitions
2 In these regulations

(a) “aboveground storage tank” means a storage tank with more than 90% of its volume above surface grade and that operates at atmospheric pressure plus or minus 10 kPa;

(b) “aboveground storage tank system” means one or more commonly connected aboveground storage tanks and all connecting piping, both aboveground and underground, including pumps and product transfer apparatus, diking, overfill protection equipment, and associated spill containment and collection apparatus;

(c) “Act” means the Environment Act;

(d) “Administrator” means a person appointed by the Minister pursuant to Section 3 and includes a person acting for an Administrator;

(e) “alter” means to

(i) enlarge, reduce, upgrade or remove a storage tank system,

(ii) change the configuration of the piping, storage tanks or dyking of a storage tank system, or

(iii) replace any storage tank in a storage tank system,

but does not mean to carry out minor maintenance activities that do not affect the integrity of the system, and “alteration” has a corresponding meaning;

(f) “bulk plant” means one or more aboveground storage tanks or underground storage tanks, including any appurtenances, where petroleum products are stored in bulk for subsequent transmission to other facilities, but does not include a service station or a facility storing petroleum products only for use at that facility;

(g) “certified” when used in reference to a storage tank, component or accessory, means that the storage tank, component or accessory

(i) has been investigated by the Underwriter's Laboratories of Canada (ULC),

(ii) has been found to be in compliance with ULC established requirements,

(iii) is being manufactured under the ULC follow-up service program, and

(iv) is identified with ULC authorized marking;

(h) “containment system” means a system designed and installed to retain and collect any leak or spill of a petroleum product from a storage tank system;

(i) “contingency plan” means a planned procedure for reporting, containing, removing and cleaning up a spill or leak;

(j) “conveying” means using a storage tank system for the movement of petroleum products;

(k) “Department” means the Department of Environment;

(l) “emptied” means, in relation to a storage tank system, that the liquid contents of the storage tank system have been removed, as far as is practicable, by any means including suction, pouring, draining or pumping;

(m) “flow-through process tank” means any tank that forms an integral part of an industrial process and through which there is a steady or uninterrupted flow of a petroleum product during operation of the industrial process, and includes an oil/water separator;

(n) “inspector” means an inspector appointed pursuant to Section 21 of the Act;

(o) “installer” means a person to whom a Certificate of Qualification has been issued pursuant to Section 16;

(p) “inventory” means the amount of petroleum product calculated to be in a storage tank after considering the initial volume of petroleum product in the storage tank and the amount of petroleum product added to and removed from the storage tank during a period of time;

(q) “leak” means a gradual discharge or loss of petroleum product from a storage tank system, tank vehicle or vessel into the environment, other than through the usual function for which the storage tank system was designed, and "leakage" and "leaking" have corresponding meanings;

(r) “marina” means premises at which a petroleum product is stored for use in a watercraft or aircraft equipped to float on water;

(s) “Minister” means the Minister of Environment;

(t) “oil/water separator” means a device used to separate petroleum products from mixtures of petroleum products and water;

(u) “person responsible” means

(i) a person who is responsible for the day-to-day maintenance and operation of a storage tank system or pipeline,

(ii) the person who has possessory rights to or has care, management or control of a storage tank system, tank vehicle or vessel,

(iii) the owner or occupier of land on which a storage tank system is located,

(iv) a successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in subclauses (i) to (iii), or

(v) a person who acts as the principal or agent of a person referred to in subclauses (i) to (iv);

(v) “petroleum product” means a single product or mixture of at least 70% hydrocarbons refined from crude oil, natural gas, tar sands, coal or natural organic matter, with or without additives, that is used or could be used as a fuel, lubricant or power transmitter, and includes gasoline, diesel oil, aviation fuel, kerosene, naphtha, lubricating oil, fuel oil, engine oil including used oil and hydraulic fluid, but does not include liquified petroleum gas;

(w) “release” means to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place, drain, pump or exhaust;

(x) “service station” means any premises where a petroleum product is sold and put into the fuel tank of a vehicle, tank vehicle, watercraft or aircraft, or into a portable container;

(y) “spill” means a release of a substance

(i) into the environment,

(ii) from or out of a storage tank system, containment system, structure, aircraft, vehicle, tank vehicle, vessel, process tank, pipeline or other container,

(iii) that is abnormal in quantity or quality in light of all the circumstances of the release, or

(iv) in excess of an amount specified in the Emergency Spill Regulations* or an approval;

(z) “Standard” means the document produced by the Department entitled “Nova Scotia Construction, Installation and Operation Standards for Petroleum Storage Tank Systems”, as amended from time to time and available from the Department;

(aa) “storage tank system” means one or more aboveground storage tanks or underground storage tanks and all connecting piping whether aboveground or underground, including pumps and product transfer apparatus, dyking, overfill protection equipment and associated spill containment and collection apparatus;

(bb) “tank vehicle” means a tank truck, stake truck, trailer, semi-trailer, tractor or other conveyance and associated appurtenances designed for or capable of transporting a petroleum product, other than fuel carried for use in the operation of the vehicle;

(cc) “transport” means to convey a petroleum product in or on a tank vehicle or vessel, other than the fuel carried for use in the operation of the vehicle or vessel;

(dd) “underground storage tank” means a storage tank with 90% or more of its volume beneath the ground surface or covered or partially covered with material including, but not limited to, earth, backfill, or concrete;

(ee) “underground storage tank system” means one or more underground storage tanks and all connecting piping whether aboveground or underground, including pumps and product transfer apparatus, dyking, overfill protection equipment and associated spill containment and collection apparatus;

(ff) “vessel” means a tank vessel or other conveyance that is designed for or capable of transporting a petroleum product on the water, other than the fuel carried for use in the operation of the vessel.
[Note: the references to the Department in clauses (k) and (s) have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]

Appointment of Administrator
3 The Minister may appoint an Administrator to administer these regulations.

Designation
4 For the purpose of the Act and these regulations, petroleum products are designated as dangerous goods.

Application
5 (1) These regulations do not apply to

(a) an aboveground storage tank system having a nominal capacity of less than 4000 L, except for a storage tank system at a marina;

(b) a storage tank system at a marina having a nominal capacity of less than 230 L;

(c) a storage tank system in a petroleum refinery regulated under the Act;

(d) a flow-through process tank.

(2) Sections 11, 13 and 14 and subsections 15(1), (2) and (3) do not apply to a storage tank system that is required to be registered pursuant to the Registration of Storage Tank Systems for Petroleum Products and Allied Petroleum Products on Federal Lands Regulations, SOR/97-10, made pursuant to the Canadian Environmental Protection Act, as amended from time to time.

(3) Where there is a conflict between these regulations and the National Fire Code of Canada, latest edition, these regulations prevail.

General requirements
6 (1) A person responsible for or a person who constructs, installs or alters a new or relocated storage tank system shall meet the minimum requirements set forth in the Standard.

(2) On or after April 11, 1995, no person shall install or cause to be installed an underground storage tank system with a nominal capacity of less than 2000 L.

(3) An Administrator or an inspector may require the person responsible for a storage tank system to submit a contingency plan for a storage tank system.

Bulk plant
7 (1) The area of land immediately surrounding the loading or unloading facilities at a bulk plant shall

(a) be sloped so any petroleum product will drain to an oil/water separator, a tank or another containment device approved by an Administrator;

(b) have concrete flooring or other impervious flooring that is compatible with the material being handled; and

(c) have a collecting device of a type described in the Standard, of sufficient size to contain any release of petroleum product during loading or unloading.

(2) The area immediately surrounding a bulk plant shall be secured from public entry by fencing.

(3) When a bulk plant is not in use or not under supervision,

(a) the gates and other access ways shall be closed and locked; and

(b) the loading valves, filling pipes and gauging pipes shall be locked, except for those operated by electrical remote controls.

(4) An Administrator or an inspector may approve in writing alternative security measures to those required in subsections (2) and (3).

(5) No person shall operate a bulk plant without having in place a contingency plan approved by an Administrator or an inspector.

(6) No person shall operate a bulk plant using a tank vehicle as an aboveground storage tank without the prior written approval of an Administrator.

Release causing adverse effect
8 No person shall drop, leave or otherwise cause or permit the release of a petroleum product that causes or may cause an adverse effect.

Supervision of transfer
9 (1) No person shall transfer a petroleum product from a storage tank system to a tank vehicle or vessel, or from a tank vehicle or vessel to a storage tank system, without supervising the transfer at all times in such a manner as to be able to immediately shut off the flow of petroleum products during the transfer.

Overflow causing adverse effect
(2) No person shall cause or permit the overflow of a petroleum product from a storage tank system, tank vehicle or vessel if the overflow of the petroleum product causes or may cause an adverse effect.

Spill requirements
10 In the event of a spill, the person responsible shall immediately, as soon as the person knows of the spill,

(a) follow the reporting procedures prescribed in the Emergency Spill Regulations*; and

(b) take such steps as are necessary to end the spill, clean the area affected and rehabilitate the environment to a standard prescribed or adopted by the Minister.

Storage tank registration
11 (1) A person responsible for a storage tank system shall register with the Administrator all underground storage tanks and aboveground storage tanks in a storage tank system that have a combined nominal capacity of

(a) 2000 L or greater, in the case of underground storage tanks;

(b) 4000 L or greater, in the case of aboveground storage tanks; or

(c) 230 L or greater, in the case of an aboveground storage tank system at a marina.

(2) An application for registration of a storage tank system pursuant to subsection (1) shall be made on a form prescribed by the Minister or an Administrator and shall be submitted to an Administrator or an inspector.

(3) An Administrator or an inspector may accept or reject an application made pursuant to subsection (2) or may require additional information.

(4) Where an application is accepted pursuant to subsection (3), an Administrator or an inspector shall register the storage tank system and issue a tank registration number for each storage tank in the storage tank system.

(5) The Administrator may issue or cause to be issued a tag, label or similar device indicating the registration number for a storage tank.

(6) A person responsible for a storage tank system shall affix a tag, label or other similar device in a location and manner determined by the Minister or an Administrator.

(7) The issuance of a tag, label or other similar device shall be subject to terms and conditions prescribed by the Minister or an Administrator.

(8) An Administrator may charge an administrative fee for the issuance of a tag, label, or similar device pursuant to subsection (5).

(9) No person shall deliver or cause to be delivered a petroleum product to a storage tank system to which these regulations apply unless the system’s storage tanks have been registered pursuant to this Section.

(10) Within 30 days of the transfer or sale of a storage tank system, a person responsible for the storage tank system shall notify the Department in writing of the transfer or sale.

Installations prior to April 11, 1995
12 (1) Subject to subsection (2), a person responsible for a steel underground storage tank system or an underground steel pipeline that

(a) was installed prior to April 11, 1995; and

(b) was not constructed, shop-tested and installed in accordance with the National Standard of Canada CAN 4-S603-M, in effect on April 11, 1995, for an impressed current cathodic system or CAN 4-S603.1-M, in effect on April 11, 1995, including Appendix “B”, for a sacrificial anode system,

shall remove the steel underground storage tank system or the underground steel pipeline no later than 15 years from the date of installation unless a further time period is approved in writing by an Administrator or an inspector.

(2) Subsection (1) does not apply to a steel underground storage tank system or a steel underground pipeline that was abandoned prior to April 11, 1995, in accordance with regulations or policies adopted or established by the Minister, and was registered as abandoned with an Administrator prior to April 11, 1995.

Installations subsequent to April 11, 1995
13 (1) This Section applies to an

(a) underground storage tank system installed on or after April 11, 1995;

(b) aboveground storage tank system installed on or after April 11, 1995, having a combined nonimal capacity greater than 4000 L.

(2) All installations of underground storage tank systems shall meet the requirements for a Class A site prescribed in the Standard.

(3) No person shall install or cause to be installed a storage tank system unless an Administrator or an inspector is notified of the proposed installation in writing on a form approved by the Minister or an Administrator at least 3 working days prior to the starting date of the installation.

(4) Within 30 days of the completion of the installation of a storage tank system, the installer who performed the installation shall complete and submit a storage tank system installation report, on a form approved by the Minister or an Administrator, to an Administrator or an inspector.

Alteration of storage tank system
14 (1) No person shall alter or cause to be altered a storage tank system or a part thereof unless an Administrator or an inspector is notified of the proposed alteration in writing at least 3 working days prior to the starting date of the alteration.

(2) An Administrator or an inspector may request further information about an alteration or impose conditions respecting an alteration.

(3) Within 30 days of the completion of an alteration, the installer who performed the alteration shall complete and submit a storage tank system alteration report, on a form approved by the Minister or an Administrator, to an Administrator or an inspector.

(4) Despite subsection (1), prior notification is not required for an emergency alteration that is required to prevent a leak or spill of a petroleum product.

(5) Within 72 hours of initiating an emergency alteration, the installer shall submit a detailed description of the alteration in writing to an Administrator or an inspector.

Removal of storage tank system
15 (1) No person shall remove or cause to be removed a storage tank system unless an Administrator or an inspector is notified of the proposed removal in writing at least 3 working days prior to the starting date of the removal.

(2) When a storage tank system is removed, all associated underground piping and related materials, including hold-down pads, anchors and protective liners, shall be removed unless otherwise authorized in writing by an Administrator or an inspector.

(3) Within 30 days of the completion of the removal, the installer who performed the removal shall complete and submit a storage tank system removal report, on a form approved by the Minister or an Administrator, to an Administrator or an inspector.

(4) A site that is contaminated as a result of the removal of a storage tank system or at which contamination is detected at the time of the removal of the storage tank system shall be rehabilitated by the person responsible for the storage tank system to standards prescribed or adopted by the Minister.

Installer certificate of qualification
16 (1) An Administrator may issue a certificate of qualification as an installer to a person who

(a) provides the Administrator with information documenting the person’s training and experience;

(b) demonstrates knowledge of the Standard, the Act and these regulations;

(c) demonstrates their expertise in a manner and at a level of proficiency satisfactory to the Administrator; and

(d) meets all other requirements prescribed by the Minister or an Administrator.

(2) A certificate of qualification issued pursuant to subsection (1) is valid for a period of 3 years from the date of issuance unless

(a) it is voluntarily surrendered by the certificate holder; or

(b) it is amended, suspended or cancelled by the Minister.

(3) No person shall install, alter or remove a storage tank system that is required to be registered pursuant to these regulations unless that person holds a certificate of qualification pursuant to this Section.

17 (1) An installer shall be present at all times while a storage tank system is being installed, altered or removed and the installer shall carry or have readily available the installer’s certificate of qualification.

(2) An installer shall produce the installer’s certificate of qualification for inspection if requested to do so by an Administrator or an inspector.

Storage tank system monitoring
18 (1) A person responsible for a storage tank system shall comply with the following monitoring requirements:

(a) all maintenance checks on the proper operation of corrosion protection systems for an underground storage tank system shall be conducted in accordance with the National Standard of Canada Can 4-S603.1-M, latest edition, for a sacrificial anode system (SAS) and with the National Association of Corrosion Engineers (NACE) Standard RP-02, latest edition, for an impressed current system (ICS);

(b) maintenance checks on a sacrificial anode system shall be conducted

(i) immediately after installation,

(ii) 6 months after installation, and

(iii) every 2 years thereafter;

(c) maintenance checks on an impressed current system shall be conducted

(i) before energizing the system,

(ii) immediately after energizing the system,

(iii) 1 month after installation, and

(iv) once yearly thereafter;

(d) maintenance checks on all electrical and mechanical leak detection systems shall be conducted at least annually or more frequently if prescribed by the manufacturer of the leak detection system;

(e) visual inspections of an aboveground storage tank system shall be made to ensure that there has been no leakage in the containment system and shall be conducted either

(i) on each day the storage tank system is in operation, or

(ii) at a frequency approved by an Administrator or an inspector;

(f) all observation wells installed with a storage tank system shall be checked for liquid product or vapours

(i) at least once a month,

(ii) whenever there is an actual or suspected release, and

(iii) whenever inventory reconciliation performed in accordance with Sections 19 or 20 indicates an unexplained loss of petroleum products.

(2) Where there is an indication of a corrosion protection system failure or a mechanical problem, a person responsible shall ensure that the storage tank system is immediately repaired and shall notify the Administrator or an inspector of the repair within three 3 days of completion of the repair.

Underground storage tank system inventory control
19 (1) A person responsible for an underground storage tank system that is not directly connected to a heating appliance shall ensure that

(a) the petroleum product level in an underground tank is measured, reconciled and recorded pursuant to subsections (2) and (3)

(i) on each day that petroleum product is added to or removed from the underground tank, or

(ii) where petroleum product is added to or removed from the underground tank less than once a week, at least weekly;

(b) the water level in an underground tank shall be reconciled and shall be included in all reconciliation computations required pursuant to subsections (2) and (3).

(2) Inventory control measurements shall be reconciled by comparing petroleum product and water level measurements with measurements obtained from dispenser metre readings, shipments, deliveries, and internal transfers.

(3) Any gain or loss of petroleum product shall be recorded and included in a monthly summary of cumulative losses or gains of the petroleum product on a form approved by the Minister or an Administrator.

(4) A person responsible for an underground storage tank system shall immediately notify the Department in the manner prescribed in Section 69 of the Act or in the Emergency Spill Regulations* when a leak is indicated in any one of the following circumstances:

(a) an unexplained loss or gain of 0.5% or more of the inventory in any month;

(b) inventory reconciliations showing 5 or more consecutive days of petroleum product losses or gains when the petroleum product level is measured every day;

(c) inventory reconciliations showing 18 or more days per month of losses or gains when the petroleum product level is measured every day; or

(d) the water level in the bottom of an underground tank exceeding 50 mm.

Aboveground storage tank system inventory control
20 (1) Subject to subsection (3), a person responsible for an aboveground storage tank system that is not directly connected to a heating appliance shall ensure that the petroleum product level is measured, reconciled and recorded in accordance with subsections 19(2) and (3) at least weekly.

(2) A person responsible for an aboveground storage tank system shall immediately notify the Department in the manner prescribed in Section 69 of the Act and in the Emergency Spill Regulations* when a leak is indicated in any one of the following circumstances:

(a) an unexplained loss or gain of 1.0% or more of the inventory in any month; or

(b) inventory reconciliations showing 4 or more consecutive weeks of unexplained petroleum product losses or gains in excess of 1.0% of the inventory for each week.

(3) Inventory control measures described in subsections (1) and (2) are not required for an aboveground storage tank system where the storage tank system is located such that all exterior surfaces are visible for inspection and are inspected in accordance with the requirements of subsection 18(1) or as approved in writing by an Administrator and

(a) has secondary containment and leak monitoring devices that meet the requirements of the Standard; or

(b) is equipped with a continuous leak detection device, system or method providing an equivalent level of safety and approved in writing by an Administrator.

Inventory control for storage tank system connected to heating appliance
21 A person responsible for a storage tank system that is connected to a heating appliance shall ensure that the storage tank system

(a) has secondary containment and leak monitoring devices that meet the requirements of the Standard; or

(b) is equipped with a continuous leak detection device, system or method providing an equivalent level of safety and approved in writing by an Administrator.

Record keeping
22 (1) All inventory control records and reconciliation data shall be maintained by a person responsible for a storage tank system at the location of the storage tank system for a period of 2 years.

(2) Where computerized inventory reconciliation is conducted, the records and data referred to in subsection (1) may be stored at a different location than that described in subsection (1), but must be made available within 48 hours of a request from an Administrator or inspector.

(3) The Minister or an Administrator may prescribe the format for records required under subsection (2).

(4) A person responsible for a newly acquired storage tank system shall obtain and maintain any required records from the person from whom the system was transferred.

Upgrade program
23 (1) The Minister may require an upgrade program for storage tank systems where the upgrade program shows significant technological progress or potential for reduction or avoidance of adverse effects.

(2) Before an upgrade program is required, the Minister may

(a) order a review of current storage tank system requirements and practices; or

(b) consult with whomever the Minister determines appropriate.

(3) A person responsible for an storage tank system for which an upgrade program is required, shall comply with the upgrade requirements within the time frame specified in the upgrade program.

Leakage
24 (1) An Administrator or an inspector who believes on reasonable and probable grounds that there is leakage in a storage tank system may require a leak detection test to be conducted by, and at the expense of, a person responsible for the storage tank system.

(2) An Administrator or an inspector may require a person responsible for a storage tank system to replace, repair or remove all or any portion of the storage tank system that is shown by a leak detection test to have a leak, and the person shall comply with the requirement which the time frame prescribed.

(3) A leak detection test required pursuant to subsection (1) shall be conducted by a testing agent using

(a) the Petrotite method;

(b) the Vacutect method; or

(c) a method approved in writing by an Administrator.

(4) A testing agent shall forward the written results of a leak detection test required pursuant to subsection (3) to an Administrator or an inspector within 3 days of the test.

(5) If a leak is detected in a storage tank system, a person responsible for the storage tank system shall notify the Department in the manner prescribed in Section 69 of the Act and in the Emergency Spill Regulations* immediately upon learning that the storage tank system failed a leak detection test.

Requirements for out of service storage tank systems
25 (1) A person responsible for an underground storage tank system that has been unused for 12 consecutive months or more and that does not require ballasting shall

(a) empty all liquids and purge the storage tank system of all hydrocarbon vapours by a method acceptable to an Administrator or an inspector;

(b) lock all fill and gauged pipe openings and block access to aboveground storage tank tops; and

(c) ensure that if an impressed current cathodic protection system is used, the protection system is operated and maintained throughout the period the storage tank system is unused.

(2) A person responsible for an aboveground storage tank system that has been unused for 12 consecutive months or more shall ensure that

(a) all fill and gauged pipe openings are locked and access to aboveground storage tank tops is blocked; and

(b) if an impressed current cathodic protection system is used, the protection system is operated and maintained throughout the period the storage tank system is unused.

(3) Where an underground storage tank system that has been unused for a period of 6 consecutive months or more requires ballasting, a person responsible for the storage tank system shall gauge or dip each storage tank in the storage tank system on a monthly basis, including dips for the measurement of water in the storage tank system.

(4) Where an underground storage tank system that has been unused for 12 consecutive months or more is to be reused, a person responsible for the storage tank system shall perform a leak detection test in accordance with subsection 24(3) and shall submit the results to an Administrator or an inspector prior to reuse of the system.

(5) Where the results of a test referred to in subsection (4) reveal leakage, an Administrator or inspector may require a person responsible for the storage tank system to replace, repair or remove all or any portion of the storage tank system shown to have a leak, and the person responsible shall comply with requirement within the time frame prescribed.

Abandonment of storage tank system
26 (1) Where a storage tank system has been unused for a period of 24 consecutive months or more or is declared abandoned by a person responsible, an Administrator or an inspector, the person responsible shall comply with the provisions regarding removal and abandonment set forth in the Standard.

(2) A person responsible for an underground storage tank system may apply in writing to the Administrator for authorization to abandon the storage tank system in place.

(3) Where written authorization is issued by an Administrator pursuant to subsection (2), the abandonment shall be done in the manner set forth in the Standard.

Decommissioning or re-use of storage tanks
27 (1) An underground tank that has been removed from the ground

(a) shall be decommissioned at a facility approved for that purpose by the Minister or an Administrator; or

(b) may be reused if re-certified in accordance with one of the following ULC standards:

(i) Underwriters Laboratories of Canada Technical Supplement ULC-S603(A), latest edition, for steel storage tanks, or

(ii) National Standard of Canada Technical Supplement CAN 4-S615(A), latest edition, for “Refurbishing of Reinforced Plastic Underground Tanks for Petroleum Fuels”.

(2) Re-certification pursuant to clause (1)(b) shall be completed within 60 days from the date of removal of the storage tank unless an extension is approved in writing by an Administrator.

(3) Where re-certification has not been successfully completed within the time frame prescribed in subsection (2), the storage tank shall be decommissioned in accordance with clause (1)(a).

(4) If acceptable to an Administrator or an inspector, an underground storage tank may be reused for the aboveground storage of petroleum products if it meets or exceeds the requirements for aboveground storage tanks as prescribed in the Standard.

(5) An aboveground storage tank that has been moved from its permanent foundation

(a) shall be decommissioned at a facility approved for that purpose by the Minister or an Administrator; or

(b) may be reused if re-certified in accordance with one of the following ULC standards:

(i) CAN/ULC-S601(A), “Shop Refurbishing of Steel Aboveground Horizontal Tanks for Flammable and Combustible Liquids”, latest edition,

(ii) CAN/ULC-630(A), “Shop Refurbishing of Steel Aboveground Vertical Tanks for Flammable and Combustible Liquids”, latest edition,

(iii) API Standard 653, “Tank Inspection, Repair, Alteration and Reconstruction”, latest edition, as applicable.

(6) Decommissioning of an aboveground storage tank system may be undertaken at the installation site, subject to the written authorization of an Administrator or an inspector.

[*Effective January 22, 2013, the Emergency Spill Regulations, N.S. Reg. 59/95, are replaced by the Environmental Emergency Regulations, N.S. Reg. 16/2013.]


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