CEPA 1999: Amendments to Storage Tank Systems Regulations

The Canadian Department of the Environment oversees several regulations under the Canadian Environmental Protection Act, 1999 (CEPA), including the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. These regulations require amendments to align with updated technical standards to ensure that regulated parties can use the latest compliant storage tank equipment.

The Storage Tank Systems Regulations set out requirements for petroleum and allied petroleum storage tank systems under federal jurisdiction. When these regulations were first introduced, they incorporated the technical standards available at the time. However, these standards have since been updated and amendments are required to ensure that the latest compliant equipment can be used. Therefore, a 60-day consultation period has begun on June 8, 2024, to gather feedback from Indigenous peoples, industry stakeholders, and other interested parties on these proposed amendments.

Background

The regulations, implemented in June 2008, aim to prevent soil and groundwater contamination from petroleum storage tank systems on Aboriginal and federal lands. They apply to systems managed by First Nations communities, private companies, and federal entities, and require all equipment to meet certain technical standards. Regular reviews are conducted to ensure that these standards are up to date with industry practices.

Objective

The proposed amendments seek to update references to technical standards in the regulations. This will ensure that regulated parties can acquire and install equipment certified to the most current standards, thereby facilitating compliance and improving safety.

Description

The amendments will revise Section 14 of the Regulations by updating references to 48 technical standards, including those in the Canadian Council of Ministers of the Environment (CCME) Code. For instance, the current standard for overfill protection devices will be replaced with the latest version, ANSI/CAN/UL/ULC 2583. Outdated standards such as CAN/ULC-S660 will be updated to reflect the most recent versions.

Regulatory Development

Consultation: In 2022, the Department reviewed the regulations and engaged with Indigenous peoples, industry stakeholders and other interested parties. Feedback supported updating technical standards and simplifying references to ensure the regulations remain relevant.

Modern Treaty Obligations and Indigenous Engagement: The proposal respects the federal government’s obligations to Indigenous peoples and is consistent  with the rights protected by section 35 of the Constitution Act, 1982, modern treaties and international human rights obligations.

Regulatory Analysis

Benefits and Costs: The amendments will address the compliance gap by updating technical standards and facilitating the acquisition of compliant equipment without additional cost or administrative burden to regulated parties.

Small Business Lens: The analysis shows that the amendments will not impose additional costs on small businesses.

One-for-One Rule: This rule does not apply as the amendments do not introduce any new administrative costs and do not repeal existing regulations.

Regulatory Cooperation and Alignment: The proposed amendments are designed to align with current industry standards without affecting regulatory cooperation agreements.

Implementation, Compliance, and Enforcement

The amendments will come into force upon registration. They do not require an implementation plan and do not impose new compliance and enforcement requirements.