Extension of EPA oversight for the Underground Petroleum Storage System Regulation until 31 August 2019
A notice appeared on the Government website on May 19 advising that the Protection of the Environment Operations (General) Regulation 2009 has been amended for the Environment Protection Authority to continue as the appropriate regulatory authority for any matter arising under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014 (UPSS Regulation) up to and including 31 August 2019.
The period leading up to 31 August 2019, will see
- Co-ordinated consultation by the EPA on the UPSS Regulation to ensure regulators, industry and the public are better informed about obligations that the Regulation imposes
- Improved and expanded technical guidance to provide stakeholders with a clear understanding to improve environmental management at fuel storage and handling facilities
- The EPA working with councils to ensure integrated management and regulatory oversight of fuel handling and storage systems
- Opportunity for all stakeholders to consider more comprehensive changes to regulation and management at fuel handling and storage facilities to adapt to emerging fuel management technologies, business structures and environmental needs.
The EPA will have an ongoing role in managing UPSS issues after August 2019 and will continue to assist councils with the management of fuel storage sites and actively work to ensure improvements in industry performance.
Please direct any enquiries to the EPA on 131 555 or to UPSSReg@epa.nsw.gov.au
Management of runoff from forecourts
The EPA is committed to improving water quality in NSW through innovation and the application of best practice strategies, technologies and management approaches. In response to local council and industry needs for guidance, the EPA has developed the draft Practice Note – Managing run-off from service station forecourts (PDF 370KB).
The draft Practice Note proposes a risk based approach to the management of service station forecourt run-off, including the application of innovative options and technologies and extends available options for managing service station forecourt run-off to include water treatment and discharge to the stormwater system. It encourages local councils to assess, on a case-by-case basis, the receiving environment, water quality, and treatment solution proposed.
The NSW EPA is inviting industry, government stakeholders and the public to have their say on the draft practice note. Comments and feedback received will inform the finalisation of the practice note. Please note in your submission if you would like to receive further information about this reform and if you represent an organisation.
To make a submission on the draft practice note please email your comments to UPSSREG@epa.nsw.gov.au. All submissions must be received by the EPA by 30 November 2018
The EPA will publish all submissions received on the EPA website, unless requested to keep a submission confidential. The EPA will review each submission and prepare a submissions report summarising the issues raised and any changes proposed to the draft Practice Note. The submissions report will also be published on the EPA website.
The EPA will run consultation workshops on the 8th November 2018. To express your interest in attending or request further information please send your details to UPSSREG@epa.nsw.gov.au.
The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014 (UPSS Regulation) was revised in September 2014 to clarify the statutory requirements for the management and operation of underground petroleum storage system (UPSS) infrastructure in NSW. UPSS Regulation 2014 remade, with some amendments, UPSS Regulation 2008.
The UPSS Regulation aims to ensure that UPSS management follows industry best practice to prevent land and groundwater contamination caused by leaking UPSS. The EPA is the appropriate regulatory authority for implementing the UPSS Regulation until June 2017. It is anticipated that local councils will resume broader regulatory roles under the Regulation after this date.
UPSS have the potential to leak, leading to expensive clean-up bills and damage to the environment. Persistent leaks can have a major impact on neighbouring properties and impose very significant costs on the tank owner and the broader community. The UPSS Regulation requires owners and operators to regularly check for leaks in the fuel tanks and pipes used to store and handle petroleum products. They also need to meet minimum standards in their day-to-day environmental management of these storage systems.
The UPSS Regulation was gazetted on 1 September 2014 and commenced on the same day and aims to
- introduce preventative measures to reduce harm to human health and the environment
- save money and minimise time-consuming remediation by preventing leaks or dealing with them early
- ensure industry best practice is followed
- ensure appropriate validation and decommissioning of systems and sites
Under the UPSS Regulation, it is against the law to allow or ignore contamination resulting from a leaking or faulty UPSS.
The person responsible for a UPSS (usually the owner/operator) is required to have in place
- a system for detecting and monitoring leaks
- groundwater monitoring wells at sensitive locations and a program to test them
- an Environment Protection Plan for the facility
- systems in place for record keeping, reporting of leaks and notifying the local council when a UPSS is decommissioned
Implementing the UPSS Regulation
The UPSS Regulation was revised in September 2014 to clarify the statutory requirements for the management and operation of underground petroleum storage system (UPSS) infrastructure in NSW. The EPA is the appropriate regulatory authority for the implementation of the Regulation to June 2017. It is anticipated that councils will assume broader regulatory roles under the Regulation after this date.
Amended requirements in the UPSS Regulation 2014 that apply to daily operations include
- Provided it is accessible from the site, Environment Protection Plans may be held either electronically or in hardcopy form either as a dedicated document or as part of other site management procedures.
- The Environment Protection Plans must now include a drainage services diagram in site documentation.
- Use a loss monitoring procedure designed to take into account particular site characteristics and usage patterns of the storage system on condition that it provides environmental protection and has been designed and documented by a duly qualified person.
- Use alternatives to groundwater wells as a secondary leak detection system provided the alternative system is designed and documented by a duly qualified person. Where groundwater monitoring wells are installed they must be monitored in accordance with EPA requirements.
To assist those responsible for UPSS to understand and comply with the Regulation, the Environment Protection Authority (EPA) has prepared the guidelines below.
- Guidelines for implementing the POEO (Underground Petroleum Storage Systems) Regulation 2008 (PDF 939KB)
- UPSS Regulation leak notification form (PDF 41KB)
- Underground Petroleum Storage Systems: Best practice guide for environmental incident prevention and management (PDF 592KB)
Exemptions from the UPSS Regulation
Some operators may be exempted from meeting certain requirements of the Regulation: see the Exemptions from the UPSS Regulation page for more details.