Supporting Guidance (WAT-SG-15)

Transcription

1 Water Use Supporting Guidance (WAT-SG-15) Oil storage at sites where there is an onward distribution Version: v1 Released: Feb 2018

2 Copyright and Legal Information Copyright 2018 Scottish Environment Protection Agency (SEPA). All rights reserved. No part of this document may be reproduced in any form or by any means, electronic or mechanical, including (but not limited to) photocopying, recording or using any information storage and retrieval systems, without the express permission in writing of SEPA. Disclaimer Whilst every effort has been made to ensure the accuracy of this document, SEPA cannot accept and hereby expressly excludes all or any liability and gives no warranty, covenant or undertaking (whether express or implied) in respect of the fitness for purpose of, or any error, omission or discrepancy in, this document and reliance on contents hereof is entirely at the user s own risk. Registered Trademarks All registered trademarks used in this document are used for reference purpose only. Other brand and product names maybe registered trademarks or trademarks of their respective holders. Update Summary Version v1 Description First issue for Water Use reference using approved content from the following documents: Guidance for Licence Applications FINAL Notes References: Linked references to other documents have been disabled in this web version of the document. See the References section for details of all referenced documents. Printing the Document: This document is uncontrolled if printed and is only intended to be viewed online. If you do need to print the document, the best results are achieved using Booklet printing or else double-sided, Duplex (2-on-1) A4 printing (both four pages per A4 sheet). Always refer to the online document for accurate and up-to-date information. 2 of 14 Uncontrolled if printed v1 Feb 2018

3 Table of Contents 1. Key Points Levels of Authorisation Background Licensing Application Equivalent Environment Protection Improvement Arrangements The Pollution Prevention Plan The Pollution Prevention Plan - Preparation by applicant Pollution Prevention Plan - SEPA review Annex A: Oil Pollution Prevention Plan References v1 Feb 2018 Uncontrolled if printed 3 of 14

4 1. Key Points This document provides guidance for operators on the changes in regulation applicable to sites which store oil for onward distribution. 1.1 Levels of Authorisation Figure 1 shows the levels of authorisation available for the storing of oil under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended) (CAR) Figure 1 Levels of Authorisation for storage of oil Extracted from the CAR A Practical Guide If the requirements of GBR28 cannot be met at the oil storage facility then a licence is required. There are two options for the licence application. The operator can provide: 1. Justification for the current facilities being of equivalent environmental protection as GBR28 or; 2. An Asset Investment Programme for measures to bring the facility up to the requirements of GBR28 or a justified equivalent See section 2 Licensing for further details 4 of 14 Uncontrolled if printed v1 Feb 2018

5 Key Points 1.2 Background The Water Environment (Miscellaneous) (Scotland) Regulations 2017 includes the provisions previously covered by the Water Environment (Oil Storage) (Scotland) Regulations 2006 (OSR). The Regulations previously in OSR have been transferred, with some amendments, to become General Binding Rules (GBRs) in CAR. One significant change will be that oil storage at sites where storage is for onward distribution will no longer be exempt from these Regulations, and there is now a GBR (GBR28) with rules which apply to any storage of oil above ground. Where a site is not immediately compliant with GBR 28 on the date these regulations come into force (notwithstanding any grace period given by SEPA), the operator will be undertaking an unauthorised activity. To gain authorisation the operator will need to apply for a licence from SEPA. v1 Feb 2018 Uncontrolled if printed 5 of 14

6 2. Licensing A licence will be required where the requirements of GBR28 cannot be met. The licence will require that the operator ensure that no oil enters the water environment from the site. The application must justify how this will be achieved. 2.1 Application The operator must submit an Oil Pollution Prevention Plan (see section 3) with the application. SEPA expect that the Oil Pollution Prevention Plan will contain information as outlined in section 3 and Annex 1. This list is not exhaustive. Justification for the current facilities being of equivalent environmental protection as the requirements of GBR28 will also be required, first and foremost. If SEPA is not satisfied that the current facilities are justified as providing equivalent environmental protection to GBR28, then improvement arrangements will need to be identified to ensure that the facilities provide equivalent environmental protection to GBR Equivalent Environment Protection There are many practices which could be considered to offer equivalent environmental protection as the requirements of GBR28. These include overfill protection arrangements and ensuring that, if there were to be a leakage from the primary tank, the oil would be contained in a secondary structure or by using the topography of the site. These measures would have to be fully detailed and justified to SEPA in the licence application. Further information about alternative environmental protection systems and practices is set out in the Reference section to this document. 2.3 Improvement Arrangements Where an Asset Investment Programme is needed, this should be submitted to SEPA with the initial application. The Asset Investment Programme will then be assessed by SEPA and the licence will include the details of the plan as upgrade conditions. If more time is required to prepare this Asset Investment Programme, a condition will be written into the licence for this programme to be submitted to SEPA no later than 9 months after the licence takes effect. SEPA will then vary the licence to include the details of the plan as upgrade conditions. Please note that failure to submit the Asset Investment Programme within 9 months would constitute a breach of licence conditions and SEPA may take appropriate enforcement action in those circumstances. See SEPA s Enforcement Policy and Guidance. 6 of 14 Uncontrolled if printed v1 Feb 2018

7 3. The Pollution Prevention Plan 3.1 The Pollution Prevention Plan - Preparation by applicant The CAR licence application requires the submission of a Pollution Prevention Plan with the licence application. This Plan will become part of the licence (as an annex) if granted. The licence can be varied at any time, by submission of an application for a variation to SEPA. The licence holder, The Responsible Person, will be in control and will need to ensure that the Plan is kept up to date and complied with. The Plan s purpose is to ensure that consideration of the potential for oil pollution arising from the site, methods for preventing pollution and the potential impacts of that pollution. Pollution Prevention Plans will be site specific (a pollution prevention plan will be required for each site) and should as a minimum address the following: What area does this plan apply to? Boundary of the land to which this <provide map> pollution prevention plan applies Area of this land (m 2 ) Location of oil storage in relation to environmental receptors (e.g. SSSIs, SACs, salmon rivers) <provide map> What is being stored in the area to which this plan applies? Tank Storage numbers/references/locations Volumes of each tank Substance stored in each tank Construction details of each oil storage tank? What is each tank constructed of? Provide justification that the material the tank is made of is suitable for the storage of the oil product stored. What is the condition of each tank? What secondary/tertiary bunds are in place to contain a breach of the primary tank? v1 Feb 2018 Uncontrolled if printed 7 of 14

8 Supporting Guidance (WAT-SG-15) How often is the integrity of the tank and, if present, any secondary/tertiary bunds inspected? How will you manage the pollution risks under this plan? How can you guarantee that there will be no oil pollution from the site? For example, pollution prevention measures such as If you cannot provide justification that the oil will not leave the site then improvements will be required on site, set out in an Asset Improvement Plan. How could oil reach the water environment from the site e.g. overland flow, drains Parts of the water environment that the oil could reach Maintaining the integrity of the primary containment tank through regular inspection and maintenance The presence of an overfill protection device and the management of this system The maintenance and inspection of secondary/tertiary containment features. Management systems in place detailing what would be done should a spillage or breach of the primary containment occur; i.e. covering of any drains Prediction of the fate of all oil from a catastrophic failure of a tank on site. Consideration of the topography of the site and the pathways through which oil could leave the site. Could the oil be contained within the site through low level oil proof kerbing for such a scenario? Control of vehicle movements on site to ensure there is no collision with the tanks or other infrastructure Ensuring that all tanker drivers are qualified/trained in the safe loading and unloading of their tankers Your site, tanks and staff may comply or be qualified by other organisations i.e HSE FPS driver passport scheme. Reference to these may help to demonstrate a well-run site. <include map or maps of existing site drainage, watercourses, field drains etc,> <include map or maps of the parts of the water environment> 8 of 14 Uncontrolled if printed v1 Feb 2018

9 The Pollution Prevention Plan What will be done if something goes wrong? Rapid response actions that will be taken to try to prevent pollutants reaching the water environment Rapid response actions that will be taken in the case of pollution occurring Including contacting SEPA s 24h number How will you ensure that the plan is effective? Maintenance programme that will be undertaken/continued for all tanks on site Inspection programme will be undertaken/continued for all tanks on site Management programme that will be used to ensure all workers on the site and anyone visiting the site are aware of, and doing, what is required of them in relation to this plan Who is in charge of making sure this plan is implemented? Person(s) with overall responsibility for ensuring this plan is implemented on a dayto-day basis Person(s) responsible for the maintenance programme (if different) Person(s) responsible for the inspection programme (if different) Person(s) responsible for ensuring appropriate rapid response to prevent or minimise pollution if something goes wrong v1 Feb 2018 Uncontrolled if printed 9 of 14

10 Supporting Guidance (WAT-SG-15) 3.2 Pollution Prevention Plan - SEPA review SEPA will review the Pollution Prevention Plan (PPP) to ensure that the Responsible Person (Operator) has identified all of the applicable issues that ensure that as far as practicable the risk of oil pollution from the site is mitigated. Has the operator identified: SEPA Officer Detail required to consider Has the Operator included in the PPP? What area does this plan apply to? What is stored on site and are the tanks suitable for this storage? What pollution risks will be managed under this plan? Has the operator identified the area of each site to be covered by the licence and the details of each tank within the site(s). Has the operator identified the products stored on site and provided justification for the tank(s) being of a suitable construction to hold these products? Has the operator identified the sources of oil pollution, routes these pollutants could take to reach the water environment, and parts of the water environment that the oil pollutants could reach if the mitigation were not provided, it failed or was inadequate. 10 of 14 Uncontrolled if printed v1 Feb 2018

11 The Pollution Prevention Plan What will be done to prevent pollution? What will be done if something goes wrong? How will the operator ensure that the plan is effective? Who is in charge of making sure this plan is implemented? Has the operator identified mitigation measures, and alternatives, they consider appropriate to sufficiently prevent oil pollution from the site? Has the operator provided justification that their pollution prevention measures will be adequate to prevent oil escaping from the site? Does the application make reference to following certain guidance documents or compliance with other relevant standards? Consider whether the measures detailed in the plan could be deemed environmental equivalent to GBR28 i.e. the control measures give SEPA confidence that the oil on site is unlikely to leave the site if the PPP is followed. Should the measures in the PPP not be adequate then an Asset Improvement Plan will be required and this should be added as a condition in the licence for submission to SEPA 9 months from the date of the licence. Has the operator identified what they will do in the event of (different scenarios e.g. primary tank breach, failure in management procedures, overfill of tanks) SEPA acknowledges that even the best plans can still go wrong, but the PPP requires identifying what will be done when these situations occur. Has the operator identified how they will check the effectiveness of the different mitigation measures, such as monitoring and maintenance? Also how does the operator intend to communicate the requirements of the plan to those working and visiting the site? Has the operator identified the relevant persons who have responsibility on site to ensure that the various parts of the PPP are implemented and followed? v1 Feb 2018 Uncontrolled if printed 11 of 14

12 Annex A: Oil Pollution Prevention Plan This is not an exhaustive list but these are examples of content for an Oil Pollution Prevention Plan. 1. Approved written procedures for all activities including maintenance on site 2. Detailed procedures for effective response to emergency incidents 3. Details of the records kept identifying everything that happens within the installation that affects the operation of the installation for example: a) Storage tank test reports b) Storage tank calibration certificates c) Piping pressure test certificates and inspection records d) Instrument calibration certificates e) Pressure vessel test certificates f) Site general arrangement drawing g) Product flow diagram h) Layout of underground services i) Electrical test/inspection records j) Earthing and electrical continuity test records k) Fire main routing and isolation diagram l) Fire alarm test records m) Tank calibration tables n) Bund capacity calculations o) High level alarm test register p) Pipeline capacities q) Tank maintenance records 4. Pollution Risk Assessment 5. Security arrangements 6. Controls on vehicle movements on site 12 of 14 Uncontrolled if printed v1 Feb 2018

13 References NOTE: Linked references to other documents have been disabled in this web version of the document. See the Water >Guidance pages of the SEPA website for Guidance and other documentation ( All references to external documents are listed on this page along with an indicative URL to help locate the document. The full path is not provided as SEPA can not guarantee its future location. Key Documents CAR A Practical Guide SEPA ( Containment Systems for the Prevention of Pollution C736 CIRIA ( Enforcement Policy and Guidance SEPA ( Environmental guidelines for petroleum distribution installations. 2nd Edition. Energy Institute ( Model of Safe Practice, Part 2 Design, construction and operation of petroleum distribution installations 4th Edition. Energy Institute ( Safety and environmental standards for fuel storage sites PSLG Final report 2009 ( Part 2: Protecting against the loss of primary containment using high integrity systems Part 3: Engineering against escalation of loss of primary containment The Water Environment (Miscellaneous) (Scotland) Regulations 2017 NetRegs (netregs.org.uk) v1 Feb 2018 Uncontrolled if printed 13 of 14

14 Supporting Guidance (WAT-SG-15) - End of Document - 14 of 14 Uncontrolled if printed v1 Feb 2018