7. Proposed New General Binding Rules 26, 27, and 28 - Oil Storage Provisions
The Water Environment (Oil Storage) (Scotland) Regulations 2006 ("Oil Storage Regulations") introduced detailed requirements for the storage of oil with the aim of preventing pollution. These were introduced as standalone regulations, although they were underpinned by CAR.
It is conceivable that certain oil storage installations could have a serious impact on our environment in the event of an incident, particularly given the size, age and location of some of these installations. In particular, concerns have been raised regarding the proximity of certain large installations to the water environment and to residential properties.
We recognise the need for clarity around the rules applying to oil storage; so we propose to incorporate oil storage provisions within CAR as a new set of GBRs. As there are 3 distinct types of oil storage covering differing scales, we propose to split these into 3 separate GBRs. The corresponding rules are in line with those currently set out in the Oil Storage Regulations.
It is recognised that certain oil distribution depots may be unable to comply in the first instance with the relevant GBR. However, as for any other general binding rule, where operators cannot meet the specific requirements of an applicable general binding rule they can operate under a CAR licence, which will contain conditions to ensure that appropriate controls are in place to minimise any environmental impact.
7.1 General Binding Rule 26
General Binding Rule 26 will cover oil storage in containers up to 200 litres currently regulated under regulation 4 of the Oil Storage Regulations 2006
26. The storage of oil in a portable container with a capacity of less than 200 litres.
The container must be of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use.
7.2 General Binding Rule 27
General Binding Rule 27 will cover oil storage at residential premises currently regulated under regulation 5 of the Oil Storage Regulations 2006.
27. The storage of oil on premises used for residential purposes (except where the premises is a vehicle or vessel), where the oil is-
(a) stored in a container with a capacity of 2,500 litres or less; and
(b) where the oil is used solely to serve a fixed combustion appliance installation providing space heating or cooking facilities;
(a) The container must be of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use; and
(b) any container which is installed or altered must comply with the requirements of any applicable regulations under the Building (Scotland) Act 2003.
7.3 General Binding Rule 28
General Binding Rule 28 will cover all other storage of oil other than that covered by GBRs 26 and 27.
28. The storage of oil on premises other than:
(a) where the premises is a vehicle or vessel;
(b) where the storage is:
(i) in accordance with an authorisation under regulation 7 or 8; or is a relevant authorisation in terms of Part 2 of Schedule 10;
(ii) is an activity specified at activities 26 or 27 of Column 1 of this schedule;
(c) in a container which is wholly underground (unless situated wholly within a building underground);
(a) The oil must be stored in a container which is of sufficient strength and structural integrity, and has been installed so as to ensure that it is unlikely to burst or leak in its ordinary use.
(b) the container must be situated within a secondary containment system:
(i) which, subject to rule (e), has a capacity of not less than 110% of the container's storage capacity or, if there is more than one container within the system, of not less than 110% of the largest container's storage capacity, or 25% of the aggregate storage capacity, whichever is greater;
(ii) which is positioned, or otherwise protected, so as to minimise any risk of damage to it by impact so far as is reasonably practicable;
(iii) the base and walls of which are impermeable to water and oil;
(iv) the base and walls of which are not penetrated by any valve, pipe or other opening which is used for draining the system; and
(v) which, if a fill pipe or draw off pipe penetrates its base or any of its walls, has all points at which the pipe meets the base or wall adequately sealed to prevent oil escaping from the system;
(c) any valve, filter, sight gauge, vent pipe or other equipment ancillary to the container (other than a fill pipe or draw off pipe or a pump) must be situated within the secondary containment system;
(d) if the connection point to a fill pipe is not within the secondary containment system, a drip tray must be used to catch any oil spilled when the container is being filled with oil;
(e) where any drum is used for the storage of the oil in conjunction with a drip tray as a secondary containment system, it is sufficient if the tray has a capacity of not less than 25% of:
(i) the drum's storage capacity; or
(ii) if there is more than one drum used at the same time with the tray, the aggregate storage capacity of the drums;
(f) where a fixed tank is used for storing oil:
(i) any sight gauge must be properly supported and fitted with a valve which closes automatically when not in use;
(ii) any fill pipe, draw off pipe or overflow pipe must:
1. be positioned or other steps taken, so as to minimise any risk of damage by impact so far as is reasonably practicable;
2. if made of materials which are liable to corrosion, be adequately protected against corrosion; and
3. not be permeable to hydrocarbon vapours;
(iii) if underground, any fill pipe, draw off pipe or overflow pipe must:
1. have no mechanical joints, except at a place where such joints are accessible for inspection by removing a hatch or cover;
2. be adequately protected from physical damage;
3. have adequate facilities for detecting any leaks;
4. if fitted with a leakage detection device which is continuously to monitor for leaks the detection device must be maintained in working order and tested at the appropriate intervals, and at least every 5 years, to ensure that it works properly; and
5. if not fitted with a leakage detection device, must be tested for leaks before it is first used and further tests for leaks must be performed in the case of pipes which have mechanical joints, at least once every 5 years, and in other cases, at least once in every 10 years;
(iv) if above ground, any fill pipe, draw off pipe or overflow pipe must be properly supported;
(v) the tank must be fitted with an automatic overfill prevention device (which may include an alarm sounding device) if the filling operation is controlled from a place where it is not reasonably practicable to observe the tank or any vent pipe;
(vi) where a screw fitting or other fixed coupling is fitted, it must be maintained in good condition and used whenever the tank is being filled with oil;
(vii) where oil from the tank is delivered through a flexible pipe which is permanently attached to the container or delivery pump:
1. the pipe must be fitted with a tap or valve at the delivery end which closes automatically when not in use;
2. the tap or valve must not be capable of being fixed in the open position unless the pipe is fitted with an automatic shut off device;
3. the pipe must be enclosed in a secure cabinet (equipped with a drip tray) which is locked shut when not in use; or the pipe must have a lockable valve where it leaves the container which is locked shut when not in use; or the premises in which the pipe is situated must have appropriate security to prevent unauthorised access; and
4. the pipe must be kept within the secondary containment system or positioned above an area which drains to a suitable oil interceptor when not in use;
(viii) any pump must be:
1. fitted with a non-return valve in its feed line;
2. positioned or other steps must be taken, so as to minimise any risk of damage to it so far as is reasonably practicable; and
3. protected from unauthorised use; and
(ix) any permanent vent pipe, tap or valve through which oil can be discharged from the tank to the open must be:
1. situated within the secondary containment system;
2. arranged so that any oil discharged from the tank other than to its intended destination is contained within the system; and
3. in the case of a tap or valve, fitted with a lock and locked shut when not in use; and
(g) Where a mobile bowser is used for storing oil:
(i) any tap or valve permanently fixed to the bowser through which oil can be discharged to the open must be fitted with a lock and locked shut when not in use;
(ii) where oil is delivered through a flexible pipe which is permanently attached to the mobile bowser:
1. the pipe must be fitted with a manually operated pump or a valve at the delivery end which automatically closes when not in use;
2. the pump or valve must be provided with a lock and locked shut when not in use; and
3. the pipe must be fitted with a lockable valve at the end where it leaves the container and must be locked shut when not in use; and
(iii) any sight gauge must be secured to the mobile bowser and be fitted with a valve or tap which must be locked in the shut position when not in use.