Federal Rules Strengthen Petroleum Storage Protections

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The Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations and the Environmental Violations Administrative Monetary Penalties Regulations (SOR/2025-167) under the Canadian Environmental Protection Act, 1999 (CEPA), and the Environmental Violations Administrative Monetary Penalties Act (EVAMPA), update technical standards and enforcement mechanisms for federally regulated storage tank systems across Canada. These amendments respond to the evolving technical requirements of the storage tank industry and to the need for consistent enforcement of environmental protections related to petroleum and allied petroleum storage. The Regulations initially incorporated technical standards available in 2008, when they were first enacted, but industry practices and standards have since been updated.

The Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations apply to systems located on federal lands, including national parks, railways, port authorities, and airports, as well as to storage tanks on Aboriginal lands, whether operated by band councils or private entities. Ownership and operation are diverse, with approximately half managed by First Nations communities and small businesses on Aboriginal lands, while the remaining systems are managed by third parties on federal land, federal entities, or as part of federal works. The Regulations establish which storage tanks and components may be installed and require certification demonstrating conformity with referenced technical standards, including select standards from the Canadian Council of Ministers of the Environment (CCME) Code of Practice for Aboveground and Underground Storage Tank Systems Containing Petroleum and Allied Petroleum Products. Periodic reviews by the Department of the Environment ensure that the Regulations remain aligned with the latest technical practices.

The amendments update references to 48 technical standards, including 38 standards incorporated by reference in the CCME Code, to reflect current versions. For example, older standards for overfill protection devices and underground piping are replaced with harmonized, updated standards such as ANSI/CAN/UL/ULC 2583 for fuel tank accessories and CAN/ULC-S679 for metallic and nonmetallic underground piping.

In addition to technical updates, the amendments designate certain subsections of the Regulations as subject to administrative monetary penalties under the Environmental Violations Administrative Monetary Penalties Regulations (EVAMPR). Subsections 2.1(1) and 2.1(3), which address fuel releases into the environment, are now classified as Type C violations, reflecting the highest severity and the direct environmental harm they can cause. Subsection 14(7), governing installation requirements, is designated as a Type B violation, indicating moderate severity and potential risk of environmental harm. This designation allows enforcement officers to issue monetary penalties for non-compliance, aligning these sections with the broader framework of regulatory enforcement and providing clear incentives for regulated parties to adhere to environmental protection standards.

Canada (167/2025) September 16, 2025
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