Frequently asked questions on
the Water Environment (Oil Storage) (Scotland)
Regulations 2006
These questions and answers are in
relation to the Water Environment (Oil Storage) (Scotland)
Regulations 2006 only[1]. There are British Standards and other
regulations that may apply to oil storage, containers, ancillary
equipment and pipe work. It is the responsibility of the person
with custody or control of oil in storage to ensure they are
compliant with all relevant legislation.
Questions and answers are divided into the following
headings:
When the regulations come into
effect
Where the regulations
apply
Exemptions from the
regulations
Oil containers
Secondary containment
Ancillary equipment, pipe work and
pumps
Enforcement
When the regulations come into
effect
Timescale for
compliance with regulations
The regulations came into force in
three 3 stages:
- New tanks (ie facilities commenced
after 1 April 2006) had to comply by 1 October 2006.
- Previously existing tanks at
significant risk (ie facilities that are located within 10 metres
of any surface water or 50 metres of a borehole or well) had to
comply by 1 April 2008.
- All remaining existing tanks will
have to comply by 1 April 2010.
SEPA may also serve an enforcement
notice under the Water Environment (Controlled Activities)
(Scotland) Regulations 2005 on existing oil storage facilities,
where it is considered that there is significant risk of pollution
of the water environment, requiring compliance with all or part of
the regulations before the required date.
How do I know if a drum should
be bunded or not between now and 2010?
The regulations allow for a container
that was used to store oil before April 2006 to have until 2010 to
comply with the regulations. Between now and 2010 it will be
difficult to judge if the drum was used for that purpose before
2006 or not, so the safest option is to store drums within a drip
tray capable of containing at least 25% of the drum capacity as
soon as possible.
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Where the regulations apply
Do the regulations apply in
England, Wales and Northern Ireland?
The Water Environment (Oil Storage)
(Scotland) Regulations 2006 only apply in Scotland. There are
similar regulations in England, namely the Control of Pollution
(Oil Storage) (England) Regulations 2001. There are currently no
similar regulations in Wales or Northern Ireland.
Are there differences between
the Scottish and English regulations?
The requirements of the regulations in
Scotland differ slightly from those in England. Key differences
include:
- Regulations in Scotland apply to
domestic oil storage above 2500 litres. The English regulations
apply to domestic oil storage with over 3500 litre capacity.
- Regulations in Scotland apply to
storage of waste oil. The storage of waste mineral oils is exempt
under the English regulations because it is covered by The Waste
Management Licensing Regulations 1994.
- Regulations in Scotland apply to storage of oil in buildings
while the English regulations exempt the storage of oil within a
building.
- Regulations in Scotland exempt oil
stored in accordance with a Part A permit under the Pollution
Prevention and Control (PPC) Regulations 2000, or the Environmental
Protection (Prescribed Processes and Substances) Regulations 1991.
Premises used as an oil distribution depot for the onward
distribution of oil to other places are also exempt under Scottish
regulations. The English regulations exempt storage of oil at
premises used for refining oil or for the onward distribution of
oil to other places.
- Storing oil for agricultural use on a farm in
Scotland is covered by the new oil storage
regulations, but there are separate regulations governing how
agricultural fuel oil, above a certain volume, must be stored in
England, Wales
or Northern Ireland, specifically The Silage,
Slurry and Agricultural Fuel Oil Regulations in England and Wales,
and The Silage, Slurry and Agricultural Fuel Oil Storage
Regulations in Northern Ireland.
- The Scottish regulations require that
if oil is stored in a portable container of <200 litres, the
container must be of sufficient strength and structural integrity
that it doesn't leak in ordinary use. There is no similar
requirement in the English regulations.
Which types of oil are
covered?
The Water Environment (Oil Storage)
(Scotland) Regulations 2006 apply to any kind of oil including
petrol, diesel, kerosene, mineral oil, heating oil, lubricating
oil, waste oil, vegetable and plant oil but does not include uncut
bitumen because the material is likely to solidify in the vicinity
of any spillage. The storage of agricultural fuel oil is now
controlled by these regulations because Regulation 8 therein
removes such oil storage from the Control of Pollution (Silage,
Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003.
Uncut bitumen is specifically excluded
from the definition of oil within the regulations and is therefore
exempt. Bitumen based products which are liquid at normal ambient
temperatures (eg bitumen emulsion) should be stored in accordance
with the regulations however.
The relevant provisions of The Waste
Management Licensing Regulations 1994 (as amended) also apply to
handling and storage of waste oil.
It is important to note that in the
case of flammable liquids such as petrol, additional health and
safety requirements may also apply.
Are drums, Intermediate Bulk
Containers (IBC's) and mobile bowsers included?
Yes. The regulations apply to drums
greater than 200 litres, IBCs and to mobile bowsers.
All containers must comply with the
general requirements of the regulations (Regulation 6). In addition
there are specific requirements for mobile bowsers [Regulation
6(8)]. Many self-bunded bowsers are now available. Bowsers that are
not bunded will need to be kept in a bunded area with 110% capacity
when in use. Drums [Regulation 6(6)] with a drip tray are subject
to special requirements: the tray must have a capacity of at least
25% of the total storage capacity.
If an IBC is being used for permanent
oil storage then we would regard it as fixed storage and therefore
the requirements for fixed tanks [Regulation 6(7)] will apply.
What isn't oil for the
purpose of the regulations?
The regulations are wide enough to
include any kind of oil. However there are some hydrocarbon based
products which we would not expect to be covered by the oil storage
regulations such as LPG, which is a gas and therefore impractical
to bund. Solid hydrocarbon products which are solid at normal
ambient temperatures are also impractical to bund and have minimal
impact on the water environment.
Is oil stored at marinas, on
banks or on pontoons covered by the regulations?
The definition of a premise includes
land and mobile plant but does not include vehicles or vessels.
Storage at all marinas (inland and coastal), on banks or on
pontoons must therefore comply within the appropriate specified
timescale. Tanks in these locations should also be secured to
prevent them lifting or floating away in the event of unusually
high tides or floods.
Oil storage on barges at coastal
marinas comes under the jurisdiction of the harbour master and as
such is not covered by these regulations. The storage of petroleum
is additionally controlled by the Petroleum Consolidation Act and a
license is required from the petroleum licensing authority, usually
the Fire Service or Local Authority Trading Standards Department.
There may also be local bye-laws in place for inland waterways.
Is storage within buildings
covered by the regulations?
Oil storage within buildings must
comply with the regulations. Whilst we prefer use of 'traditional'
tank secondary containment systems, the 110% secondary containment
requirements of the regulations may be met within the building
itself eg 110% secondary containment may be provided within the
building by forming a 'lip' on doorways and calculating the floor
area capacity. All other requirements of the regulations must still
be met, such as additional requirements of the secondary
containment system relating to impermeability, no drains
etc.
Is oil storage at sites
regulated under Integrated Pollution Control (IPC) or Pollution
Prevention & Control (PPC) regimes covered by the
regulations?
The Water Environment (Oil Storage)
(Scotland) Regulations 2006 exempt storage of oil in any
installation which is a Schedule 1 Part A Activity of the Pollution
Prevention and Control (Scotland) Regulations 2000, or a Schedule 1
Part A process of the Environment Protection (Prescribed Processes
and Substances) Regulations 1991 and where oil is stored in
accordance with the authorisation or permit. However Best Available
Techniques not Entailing Excessive Cost (BATNEEC) and Best
Available Techniques (BAT) must be applied at these sites. The
regulations may be considered the reference point for BAT or
BATNEEC for where no Best Available Techniques Reference Document
(BREF) note is available to identify BAT, or no Guidance Note to
identify BATNEEC.
Do the regulations cover
mobile bowsers used at licensed waste sites?
Mobile bowsers used at all licensed
waste sites must comply with the regulations.
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Exemptions from the
regulations
Is grease
exempt?
Not necessarily: where grease is
stored in a container with a storage capacity of 200 litres or
greater we would ask for the grease to be stored on a drip tray to
ensure that any leaking or spilt oil cannot enter the water
environment.
Do heat transfer fluids like
those within transformers or fluid filled cables come under the
regulations?
No. The oil within transformers is
being used rather than stored.
However, bulk tanks for storing these
oils are regarded as oil in storage and will come under the
requirements of the regulations unless otherwise exempt. Some
transformer header tanks may come into this category if they are
connected directly to the transformer by means of a 'one way - tank
to transformer' feed pipe. If the transformer has an expansion tank
(where oil leaves the tank and enters the transformer and on
expansion leaves the transformer and re-enters the tank), the
container is regarded as being part of the transformer with oil in
use and is therefore not stored and does not come under the
regulations. However, in order to minimise the risk of polluting
the water environment we recommend following the requirements of
the regulations where possible.
Transformers in storage awaiting
installation or disposal are not generally regarded as oil storage
containers for the purposes of these regulations but it is good
practice to provide secondary containment where there is a risk of
oil spillage.
Are bitumen and bitumen
products exempt?
Uncut bitumen is specifically excluded
from the definition of oil within the regulations and is therefore
exempt.
Bitumen based products which are
liquid at normal ambient temperatures (eg bitumen emulsion) should
be stored in accordance with the regulations.
Does oil stored within a
generator come under the regulations?
It depends on whether the oil is being
stored or used.
The regulations apply to generators
where the oil is being stored rather than used, and where no
exemptions apply. They will therefore apply to stand-by generators
which are storing oil for later use.
Sets containing more than 200 litres
of oil would require secondary containment of the day tank. Bulk
storage tanks greater than 200 litres that supply a standby
generator or its day tank fall under the regulations because the
oil is being stored but not used.
Where a generator is in regular or
constant use and its day tank is of a capacity such that the oil
will be used during an operating day – even if the volume of oil is
greater than 200 litres – the oil will be regarded as 'in
use' and the regulations will not apply. But if oil is not
all used up in the operating day it will be regarded as being
stored and the regulations will apply if the tank holds over 200
litres.
Even if the regulations do not apply
the potential for environmental harm from an oil spill remains and
we therefore recommend that all generator tanks and pipe work are
provided with secondary containment as good practice.
Is all oil at a distribution
depot exempt from the regulations?
Yes. An exemption applies to any
premises used as an oil distribution depot for the onward
distribution of oil. Onward distribution should be the primary
business of the site. The exemption applies to the premises and
therefore includes any oil that is part of the onward distribution
chain and also oil that is stored such as heating oil or oil for
refuelling vehicles. However we would consider compliance with the
regulations as good practice.
A guidance note Model Code of Safe
Practice Part 2: Design, construction and operation of petroleum
distribution installations (3rd edition) by the Energy
Institute http://www.energyinst.org.uk/
is specifically directed at these installations.
Is oil used for domestic
premises exempt?
Tanks with a capacity greater than
2500 litres must comply with these regulations.
New and replacement single domestic
oil storage tanks are covered by The Building Regulations
(Scotland) 2004, which require a risk assessment to determine the
need for secondary containment.
For the purposes of these
regulations:
- Holiday homes and bed & breakfast
establishments where the owner lives on the property are regarded
as domestic premises.
- An office within a house would still
be exempt providing the building is used wholly or mainly as a
private dwelling.
- Residential care homes are not exempt
from the regulations because they are not used wholly or mainly as
a private dwelling.
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Oil containers
Do the regulations cover the
volume of oil stored or the size of the container?
The regulations cover the size of the
container. For example, sites with an oil tank of 1000 litres which
only ever have 150 litres of oil stored would have to comply.
Similarly domestic properties with a storage tank greater than 2500
litres that only ever have 1500 litres of oil stored would have to
comply.
What is the definition of a
mobile bowser?
For the purposes of these regulations,
a mobile bowser is defined as an oil storage container that cannot
move under its own power ie it is not a rigid or articulated road
tanker, but is specifically designed to be capable of storing and
dispensing oil and being able to be moved between various
locations. A mobile bowser must meet the requirements of the
regulations and should be specifically designed to be capable of
containing oil safely while it is being moved ie its design should
not allow oil to be lost from the container in the event of a
collision, drop, roll over etc.
Mobile bowsers may be provided with
wheels or be transported on or by another vehicle or by similar
means. Trailer tankers that are towed by road tankers of a similar
size are not considered to be mobile bowsers.
Please be aware that Carriage of
Dangerous Goods (ADR) legislation may apply if you are using a
mobile bowser on the public highway.
Can I store oil in a road
tanker without secondary containment?
The regulations define a container as
a fixed tank, a drum, or a mobile bowser or (even if it is not
connected to fixed pipe-work) an intermediate bulk container.
Although not specifically exempt, road tankers are not designed to
store oil for any length of time and we actively discourage their
use for such activity.
Does an empty tank have to
comply with the regulations?
The regulations exist to prevent oil
escaping to the environment so while an empty tank should
technically comply with regulations, we would expect common sense
to prevail. Most abandoned tanks will have an oily residue at the
bottom which could cause pollution so we advise that redundant
tanks are properly decommissioned and removed in accordance with
the Waste Duty of Care. Where removal is not possible they should
be filled with a material that ensures they cannot be brought back
into use.
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Secondary
containment
How do I know if my double
skinned tank complies with the regulations or not?
A double skinned tank alone is
unlikely to provide adequate secondary containment. True secondary
containment includes containment for the ancillary equipment
associated with a tank as well as the tank itself. This would
include having sight gauges and valves within the secondary
containment facility. In addition the regulations also require that
vent pipes are arranged so that any discharge is contained within
the secondary containment system. A double skinned tank would not
prevent loss of oil from overfilling, but one with true secondary
containment would.
Where can I get more
information on how to build a bund?
Standards are set out in the
SEPA/CIRIA information notes
Masonry and
Concrete Bunds For Oil Storage Tanks, which are taken from
the CIRIA report 163 Construction of Bunds for Oil Storage
Tanks. The relevant British Standards must be complied
with.
What is an acceptable
impermeability for a constructed bund?
The regulations do not specify any
particular materials that a secondary container should or should
not be constructed from, only that its base and walls must be
"impermeable to water and oil".
A conventional bund constructed from
bricks and mortar is unlikely to be impermeable without rendering
of some kind. Information on coatings and surface treatments to
achieve a satisfactory impermeability can be found in
Masonry and
Concrete Bunds For Oil Storage Tanks, which
are taken from the CIRIA report 163 Construction of Bunds for
Oil Storage Tanks.
Can I take the volume of the
primary tank into account when calculating secondary containment
capacity?
Yes, the regulations state that the
secondary containment system "must have a capacity of not less 110%
of the container's storage capacity". The volume provided by the
primary container can be taken into account where applicable. Most
proprietary tank systems are designed so that the oil finds its own
level in both containers if the primary container leaks. In this
instance the primary container contributes to the total containment
capacity. A similar position is achieved in a conventional bund
where the tank is situated towards the bottom.
However, you should take into account
that such systems may only provide a 10% containment capacity in
the event of overfilling. For example, a maximum volume delivery
made to a tank more than 10% full will result in a loss of oil from
the secondary container. The use of an overfill prevention device
is good practice and you should consider these or other additional
pollution prevention safeguards, such as additional containment
capacity.
Another important issue in determining
if a proprietary tank system is acceptable is whether the ancillary
equipment is adequately managed, such as being within the secondary
container, which some proprietary tank systems may not provide.
What containment capacity is
required if I have more than one tank in a storage
area?
If the tanks are not hydraulically
linked but are in the same secondary containment system, the
containment capacity must be at least 25% of the total capacity or
110% of the capacity of the largest tank, whichever is
greatest.
If the tanks are hydraulically linked
but situated within the same containment system, they should be
treated as one tank and the containment capacity should be at least
110% of the total capacity of the tanks.
Where tanks are hydraulically linked
but in separate containment systems, the capacity of each
containment system must be capable of containing at least 110% of
the potential spillage that could occur within that system. This
means that, where oil could pass from one tank to another,
containment of at least 110% of the total volume stored will be
required at each location that could receive this volume. It may be
beneficial to hydraulically link the containment systems.
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Ancillary equipment, pipe work and
pumps
Can an isolating valve and
filter be outside the secondary containment?
Yes. In a situation involving a fixed
draw off from a prefabricated tank the isolating valve and filter
can be outside the containment. In this instance they would be
regarded as ancillary to the down stream equipment. The isolating
valve needs to be accessible in an emergency so can be outside the
prefabricated system but we recommend that they are put inside the
secondary containment if possible.
What is a mechanical joint in
underground pipe work?
A mechanical joint is any join in a
pipe where two or more pieces of pipe have been put together using
a fitting attached to the ends of both pipes and which can be taken
apart. Compression and threaded fitting are examples of mechanical
joints. Welded, braised or soldered joints are not considered to be
mechanical. They will not include continuous pipe work made from
metal or plastic.
For further information see British
Standard 5410 Part 1: 1997 Section 8.2, Code of Practice for
Oil Firing:
http://www.bsi-global.com/en/Shop/Publication-Detail/?pid=000000000030093974
How can I test my pipe work
for leaks?
The regulations require that
underground pipe work is tested for leaks every 5 or 10 years
depending on if there are mechanical joints present.
Where pipe work manufacturers' test
instructions are not available, British Standard 5410 Parts 1 and 2
have information about pressure testing of pipe work for oil firing
installations. A competent person should undertake pressure
testing. Pipe work made from plastic, copper and steel will require
different types of testing, as will different size pipes. We
recommend that the same method should be adopted for non-oil firing
applications such as refuelling facilities.
How can I show that my
underground pipe work complies with Regulation 6 (7) (b)
ii?
The purpose of this section of the
regulations is to discourage the use of mechanical joints in new
underground pipe installations following some serious pollution
incidents caused by corroded or damaged underground pipe work.
The regulation does apply to existing
underground pipe work. Existing oil firing systems should have been
installed in accordance with the relevant sections of British
Standard 5410 Part 1: Section 8.2.4 or Part 2 Section 38.2.4 which
are site specific, or with OFTEC TI/134 Installing oil supply
pipes underground. These standards stress the importance of
laying pipes in accessible ducts where possible. If you cannot
demonstrate that pipes have been installed in such a manner then
further investigation may be needed, taking into account industry
standard lengths of pipe work and the accessibility of the
pipe.
Does my tank need an overfill
prevention device?
The regulations require that if the
tank and vent pipe cannot be seen from where the filling operation
is controlled, such as at remote fill points, then an automatic
overfill prevention device must be fitted to the tank. Fixed tank
probes that send a signal to the point where delivery is controlled
are acceptable. We encourage the use of fail–safe overfill
prevention devices and overfill warning alarms.
It is good practice to have an
overfill prevention alarm fitted to all systems, even if not
required by the regulations.
What is meant by a screw
fitting for tank filling being in "good condition"?
The regulations do not define "good
condition". However we think it is sensible to consider whether a
fitting is fit for purpose in the broadest sense. You should make
sure the screw thread is usable and that deliveries to the tank
using the fitting can be made safely and securely. Using the screw
fitting should not increase the risk of oil spillage or jeopardise
operator health and safety, for example from working at height. You
should discuss the suitability of the tank's screw fitting with
your oil delivery company.
Does my pump have to be
within the secondary containment?
Regulation 6 (4) does not require
pumps to be situated within the secondary containment system.
However, it is good practice to make sure that any foreseeable oil
leak would be contained within secondary containment, for example a
bund or drip tray, and could not cause pollution.
Please check Regulation 6 (7) (f) for
specific requirements for pumps used with fixed tanks, Regulation 6
(8) (b) (ii) for separate requirements for pumps used with mobile
bowsers and Regulation 6 (7) (e) for requirements for containment
for flexible pipes from delivery pumps.
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Enforcement
Are distributors committing
an offence by delivering to a non-compliant tank?
No, it is the non-compliance of the
tank that constitutes the offence. However if a pollution incident
occurs during or following a delivery, we will look closely at the
circumstances to determine if the distributor used appropriate
judgements to decide if the tank was fit to receive the
delivery.
Will SEPA expect oil delivery
company drivers to have sufficient expertise in the regulations to
be able to identify a non-compliant tank?
We expect drivers to have suitable
training to undertake the job. That training should include
appropriate industry guidance. The key requirement is to use common
sense when handling a product that has a big environmental
impact.
Who is responsible for a tank
that is loaned to a customer?
It depends on what exactly is meant by
loaning and what agreements and conditions are attached to the
loan. A company supplying an unbunded tank to a customer would not
necessarily be in breach of the regulations because it is the
customer who has custody or control of the oil (not the tank). A
company supplying tanks without bunds is unlikely to be in breach
of the regulations, subject to any agreement/contract regarding the
loaning of the tank.
We would urge customers to insist on
being supplied with bunded tanks to reduce their liability under
the regulations. A supplier could provide a tank that was not
bunded for a user to install in a bund. The ultimate responsibility
must rest with the site operator who has custody or control of the
oil.
What legal requirements are
there for maintenance of tanks?
There are no legal requirements for
maintenance in the regulations but there is guidance in Pollution
Prevention Guidance Note 2 Above Ground Oil Storage. OFTEC
qualified registered technicians do an annual check on tank
installations when they routinely inspect a boiler and they also
produce a tank checklist.
We expect visual checks to be carried
out at least weekly and would encourage tank checks to become part
of the routine maintenance schedule.
The person with custody of the tank is
still required by the regulations to ensure that the container is
of sufficient strength and structural integrity that is unlikely to
burst or leak in ordinary use.
How will SEPA enforce the
regulations?
We are responsible for enforcing The
Water Environment (Oil Storage) (Scotland) Regulations 2006 in
Scotland. Failure to comply is a criminal offence and you could be
fined up to £40,000. We will provide advice and guidance to assist
you with compliance if you are concerned that your oil storage
facilities may be inadequate.
The regulations apply minimum
prescriptive standards for storage of oil in above ground fixed or
mobile tanks. This means that we will not need to make a special
visit to individual sites to assess risks, but will draw awareness
to and enforce the regulations during routine visits.
The regulations come into force in 3
stages (as detailed in Timescale for
compliance with regulations) and will be fully implemented by
April 2010, by which time all relevant oil storage must comply with
the regulations.
Therefore until April 2010 our
priorities for these regulations are to ensure that our customers
who are subject to them are made aware of their scope. In targeting
enforcement action our priorities will be risk based and sites of
principal concern will therefore be:
- sites which have caused water
pollution;
- sites where there is a serious
potential for pollution, for example less than 10m from surface
waters or less than 50m from a well or borehole.
However this does not preclude us from
taking enforcement action at other sites.
Following the full implementation of
the regulations in April 2010 the number of sites subject to the
regulations will significantly increase. In addition to the
priorities identified above, we will also focus on sites in areas
which have been identified and targeted for pollution prevention
work, such as those where there is a history of pollution
incidents.
We would, in most cases, seek
voluntary compliance but if you fail to act we may serve an
enforcement notice requiring that the facilities be brought up to
standard or we will seek prosecution for non-compliance with the
regulations. Failure to comply with such a notice is a criminal
offence and may result in prosecution.
We will keep this approach under
review and may publish amendments in the light of operational
experience. We expect compliance to improve as awareness of the
regulations grows.
What is SEPA doing to promote
the regulations?
We are working with oil suppliers and
companies that supply oil storage products to raise awareness of
the regulations. Publicity and promotional material will include
articles, press releases and website information.
More information
For more information please contact
Janine Young at janine.young@sepa.org.uk or
call 01786 452442
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