Part 6 Control of volatile organic liquids
(1) In this Part:commission a storage tank, petrol dispenser or any control equipment means to bring it into operation for the first time following installation or modification.
decommission a storage tank, petrol dispenser or any control equipment means to permanently abandon its operation or render it permanently inoperable.
Note. Other legislation may require the cessation of the use of certain storage systems, for example a system to which clause 174ZF of the Occupational Health and Safety Regulation 2001 applies.delivery tank means a tank mounted on a tank vehicle (not being the fuel tank of the vehicle).
duly qualified person, in relation to any activity, means a person who has such competence and experience in relation to that activity as is recognised in the relevant industry as appropriate to carry out that activity.
existing petrol service station means any petrol service station:
(a) for which development consent was obtained under the Environmental Planning and Assessment Act 1979 before 13 November 2009, or(b) the installation of which was lawfully commenced before 13 November 2009, or(c) from which petrol had been dispensed before 13 November 2009.Illawarra Region means:
(a) the Wollongong Metropolitan Area, and(b) the local government areas of Kiama and Shoalhaven City.installation of a storage tank or petrol dispenser on a petrol service station means the original installation of the storage tank or petrol dispenser and includes any work in the vicinity of the petrol service station necessary for the installation, and anything done to the storage tank or petrol dispenser before it is commissioned.
large loading plant means industrial plant that is used for loading volatile organic liquid, at a rate of more than 30 megalitres per year, into the delivery tanks of large tank vehicles.
large storage tank means a storage tank having a capacity of 150 kilolitres or more.
large tank vehicle means a tank vehicle having one or more delivery tanks with a total capacity of more than 12 kilolitres.
log book means the log book required to be kept under clause 77.
Lower Hunter Region means:
(a) the Newcastle Metropolitan Area, and(b) the local government areas of Cessnock City, Maitland City and Port Stephens.modification of a storage tank or a petrol dispenser on a petrol service station includes any upgrade, extension, alteration or replacement of the storage tank or petrol dispenser, or any component of the storage tank or petrol dispenser (including required control equipment), but does not include:
(a) anything done to the storage tank or petrol dispenser before it is first commissioned or after it is decommissioned, or(b) anything done to the storage tank or petrol dispenser as part of routine maintenance that does not involve the removal or replacement of any component essential to petrol containment, or(c) anything done to the storage tank or petrol dispenser before 13 November 2009.modified petrol service station means an existing petrol service station from which petrol was dispensed before 13 November 2009 and on which works are carried out on or after that date that:
(a) involve the breaking up of any forecourt of the petrol service station, and(b) involve the opening up of petrol product lines and the modification of the storage tanks, tank vents, petrol dispensers, petrol product lines or tanker connection points of the service station, and(c) require development consent under the Environmental Planning and Assessment Act 1979.new petrol service station means any petrol service station that is not an existing petrol service station.
operate means:
(a) in relation to a storage tank, to allow petrol to remain in the storage tank, or(b) in relation to a petrol dispenser, to pass fuel from the storage tank, through the petrol dispenser, to the tank of a vehicle.petrol has the same meaning as it has in section 154 (1) of the Act.
Note. This definition does not include automotive diesel fuel, marine diesel fuel, aviation fuel or liquid petroleum gas (LPG).petrol dispenser means a dispenser fitted to a pump that is operated to dispense petrol into the fuel tank of a vehicle.
petrol service station means premises from which petrol is dispensed, using a petrol dispenser, from a storage tank.
petrol vapour means any gaseous compound that evaporates from petrol.
prescribed storage tank—see Division 5.
routine maintenance includes any repairs that are done in the course of routine maintenance.
small storage tank means a storage tank having a capacity of 8 kilolitres or more but less than 150 kilolitres.
stage one zone means:
(a) the Central Coast Metropolitan Area, and(b) the Illawarra Region, and(c) the Lower Hunter Region, and(d) the Sydney Metropolitan Area—B.stage two zone means:
(a) the Central Coast Metropolitan Area, and(b) the Newcastle Metropolitan Area, and(c) the Sydney Metropolitan Area—B, and(d) the Wollongong Metropolitan Area.standards and guidelines means the Standards and best practice guidelines for vapour recovery at petrol service stations published in the Gazette and as in force from time to time.
storage tank means a tank situated on any premises (other than a vehicle or vessel).
tank means a container, or an isolated section of a container, that is used or designed to be used for the storage of volatile organic liquid, but does not include anything that is designed to hold volatile organic liquid under pressure and to prevent the emission of any volatile organic liquid or volatile organic liquid vapour.
tank vehicle means a vehicle used or designed to be used for the transport of volatile organic liquid from one tank to another, whether or not the vehicle is moveable under its own power, but does not include a railway vehicle.
throughput means:
(a) for a petrol service station that is not yet operating or has been operating for less than one year, the amount of petrol the occupier of the petrol service station estimates will be unloaded from large tank vehicles to storage tanks situated on the service station in the service station’s first year of operation, or(b) for any other petrol service station, the greatest amount of petrol unloaded, on or after 1 January 2007, from large tank vehicles to storage tanks situated on the petrol service station in any year commencing on 1 January.vapour system recovery performance means the ratio of the volume of re-circulated vapour and air mixture to the volume of liquid dispensed into the tank of a vehicle.
volatile organic liquid means any organic compound that exists as a liquid at actual conditions of use or storage, unless it has a true vapour pressure of less than or equal to 25.8mm Hg (0.5 psia).
(2) In this Part:(a) a reference to industrial plant includes plant operated on a petrol service station to store or dispense petrol, and(b) a reference to premises includes a petrol service station.
Division 2 Requirements to fit control equipment
60 Equipment and plant to be fitted with control equipment
(1) The occupier of any premises must not use or operate, or cause or allow to be used or operated, any fuel burning equipment or industrial plant in or on those premises unless that equipment or plant is fitted with the control equipment required by this Part and that complies with any specifications prescribed by this Part relating to installation.(2) The occupier of any premises in or on which is installed any fuel burning equipment or industrial plant fitted with control equipment required by this Part must, if specifications for the commissioning, operation, maintenance or decommissioning of that fuel burning equipment, industrial plant or control equipment are prescribed by this Part, ensure that those specifications are complied with.Maximum penalty: 400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).
61 Exemptions from requirement for control equipment
(1) The occupier of any premises does not commit an offence under this Division in relation to any industrial plant if:(a) the plant is fitted with control equipment that is approved by the EPA by notice in writing to the occupier, and(b) the plant and control equipment are commissioned, operated, maintained or decommissioned in such manner as the EPA specifies in that notice of approval.(2) The occupier of any premises does not commit an offence under this Division in relation to small storage tanks if:(a) the EPA is satisfied that the volume of volatile organic liquid loaded into the storage tanks on those premises per year does not usually exceed 600 kilolitres, and(b) the EPA grants an exemption from the operation of this Division by notice in writing to the occupier, and(c) the occupier complies with such conditions as the EPA specifies in the exemption.(3) The EPA may vary or revoke an approval or exemption under this clause at any time by notice in writing served on the holder of the approval or exemption.
Division 3 Storage tanks and loading plants
This Division does not apply to any prescribed storage tank.
63 Control equipment for large storage tanks
(1) This clause applies to any large storage tank situated anywhere within the Sydney, Newcastle or Wollongong Metropolitan Area.(2) The following control equipment is required to be fitted to any large storage tank to which this clause applies:(a) a drainage system comprising a small sump or tundish fitted under each water draw-off valve and connected to a totally enclosed drain,(b) if the volatile organic liquid stored in the tank has a vapour pressure of or below 75 kilopascals:(i) a floating metal roof that, under normal operating conditions, floats on the surface of the liquid, or(ii) a floating cover constructed of material impervious to vapour that, under normal operating conditions, floats on the surface of the liquid inside a fixed roof, or(iii) a vapour disposal or recovery system of the kind referred to in subclause (6),(c) if the volatile organic liquid stored in the tank has a vapour pressure above 75 kilopascals, a vapour disposal or recovery system of the kind referred to in subclause (6).(3) Subclause (2) (a) does not apply in the case of tanks used for the storage of volatile organic liquid (other than crude petroleum) received by tank-to-tank transfer from other storage tanks.(4) A floating roof or cover referred to in subclause (2) (b) must be constructed so as to prevent the escape of vapour through the roof or cover and so that:(a) vapour beneath the floating roof or cover is contained by skirt plates situated near the edges of the roof or cover and surrounding any openings in the roof or cover or by similar means, and(b) the roof or cover is equipped with one or more closure seals to close the spaces between the roof or cover and the tank walls and between any openings in the roof or cover and any equipment passing through those openings, and(c) seals on floating roofs are shielded from the weather, and(d) weather-shields are moveable to permit proper inspection of seals.(5) The level of volatile organic liquid in a large storage tank that is fitted with a floating roof or cover referred to in subclause (2) (b) must be maintained, during normal operating conditions, at a depth sufficient to prevent the supports of the floating roof or cover from resting on the floor of the tank.(6) A vapour disposal or recovery system referred to in subclause (2) (b) or (c) must be constructed so that the vapour emitted from the tank:(a) is incinerated, so that the total concentration of unburnt vapour emitted to the atmosphere does not exceed 1.5 grams per cubic metre of the gases resulting from the incineration process, or(b) is recovered, so that the total concentration of unrecovered vapour emitted to the atmosphere during any period of 4 hours does not exceed 110 milligrams per litre of volatile organic liquid passing into the tank during that period.(7) The total concentration of unburnt vapour referred to in subclause (6) (a) is to be determined as set out in TM-19, the total concentration of unrecovered vapour referred to in subclause (6) (b) is to be determined as set out in TM-20 and the calculation of the vapour pressure of volatile organic liquid stored in tanks is to be carried out in accordance with TM-21.(8) Subclauses (6) and (7) do not apply to large storage tanks on scheduled premises (within the meaning of Part 5) that belong to Group 6 (within the meaning of that Part).
64 Control equipment for large loading plant
(1) This clause applies to any large loading plant situated anywhere within the Sydney Metropolitan Area.(2) The following control equipment is required to be fitted to any large loading plant to which this clause applies:(a) a vapour collection system by which all vapour displaced from tanks during loading operations is collected and conveyed to a vapour recovery or disposal system through vapour lines having an internal diameter of not less than 65 per cent of the largest fill-line used for connection to the delivery tank,(b) an interlock system that prevents the loading of a delivery tank unless:(i) the vapour collection system is first connected to that tank, or(ii) the interlock system forms part of industrial plant used only for loading delivery tanks that are themselves fitted with such an interlock system,(c) fittings on all liquid and vapour lines that make vapour-tight connections with the respective mating fittings on the delivery tank and that close automatically when disconnected,(d) a vapour recovery or disposal system constructed so that the vapour resulting from loading operations:(i) is incinerated, so that the total concentration of unburnt vapour emitted to the atmosphere does not exceed 1.5 grams per cubic metre of the gases resulting from the incineration process, or(ii) is recovered, so that the total concentration of unrecovered vapour emitted to the atmosphere during any period of 4 hours does not exceed 110 milligrams per litre of volatile organic liquid passing out of the plant during that period.(3) The total concentration of unburnt vapour referred to in subclause (2) (d) (i) is to be determined as set out in TM-19 and the total concentration of unrecovered vapour referred to in subclause (2) (d) (ii) is to be determined as set out in TM-20.(4) Subclause (2) (d) does not apply to large loading plants on scheduled premises (within the meaning of Part 5) that belong to Group 6 (within the meaning of that Part).
65 Control equipment for small storage tanks
(1) This clause applies to any small storage tank situated anywhere within the Sydney Metropolitan Area other than the local government area of Hawkesbury City.(2) The following control equipment is required to be fitted to a small storage tank to which this clause applies:(a) a vapour transfer system by which all vapour displaced by the transfer of volatile organic liquid into the storage tank is returned to the delivery tank being unloaded by means of a vapour return line,(b) a coupling on the vapour return line that makes a vapour-tight connection with the vapour return hose on the delivery tank and that closes automatically when disconnected,(c) in the case of a tank that is filled by the operation of gravity, an overfill protection system designed to stop the flow of volatile organic liquid into the storage tank before there is insufficient space in that tank to receive the contents of the tank vehicle’s transfer hose,(d) a coupling on the storage tank’s fill-pipe that makes a liquid-tight connection with the delivery tank’s liquid transfer hose,(e) in the case of a storage tank located above the ground, pressure vacuum valves on all atmospheric vents.(3) The vapour transfer system referred to in subclause (2) (a) may be used to serve more than one storage tank on the same premises.(4) A vapour return line referred to in subclause (2) (a) must be of vapour-tight construction and must have an internal diameter:(a) in the case of such part of the vapour return line as is upstream of the first fitting or change in direction from the tank:(i) not less than 50 per cent of the internal diameter of the fill-pipe, or(ii) in the case of a tank installed before 1 May 1982 and in which the vapour return line is taken from the atmospheric vent, as large as practicable having regard to the internal diameter of the existing vent connection, and(b) in the case of such part of the vapour return line as is downstream of the first fitting or change in direction from the tank, not less than 65 per cent of the internal diameter of the fill-pipe.(5) The pressure vacuum valves referred to in subclause (2) (e):(a) except as provided in paragraph (b), must be set to be closed when the pressure in the tank is between 15 kilopascals above, and 0.5 kilopascals below, ambient pressure, or(b) in the case of tanks installed before 1 May 1982, may be set to be closed when the pressure in the tank is between the design operating maximum pressure and the design operating maximum vacuum.(6) A hatch, manhole or other cover on or associated with a storage tank to which this clause applies must not be opened if, in so doing, vapour would be likely to be emitted to the atmosphere, except:(a) in an emergency, or(b) for the purpose of tank gauging or sampling through a dip hatch (when no liquid transfer hoses are connected to the tank or when any connected hoses are closed), or(c) for the purpose of reasonable maintenance.
66 Control equipment for large tank vehicles
(1) This clause applies to:(a) the loading of a large tank vehicle from large loading plant anywhere within the Sydney Metropolitan Area, and(b) the unloading of a large tank vehicle into a small storage tank anywhere within the Sydney Metropolitan Area—B, and(c) the unloading of a large tank vehicle into any prescribed storage tank.(2) The owner of a tank vehicle must not use the tank vehicle, or allow the tank vehicle to be used, to load or unload volatile organic liquid unless the tank vehicle is fitted with the following control equipment and the equipment is maintained in an efficient condition:(a) a vapour handling system for the transfer between delivery tanks of vapour displaced during loading or unloading operations,(b) an overfill protection device, located in the delivery tank, that is designed to stop the flow of volatile organic liquid into the tank as near as practicable to the level of minimum ullage,(c) couplings on liquid transfer pipes and hoses on the tank vehicle that make a liquid-tight connection with the respective mating fittings and that, in the case of liquid transfer pipes, close automatically when disconnected,(d) hatch covers on any openings that are required to be vapour-tight when closed,(e) pressure vacuum valves on all atmospheric vents (except emergency vents) that are set to be closed when the pressure in the tank is between 15 kilopascals above, and 3 kilopascals below, ambient pressure, being valves that may be fitted with a vent by-pass or pilot-bleed system if the maximum area for free venting is limited to 15 square millimetres.Maximum penalty: 200 penalty units (in the case of a corporation) or 40 penalty units (in the case of an individual).
(3) The vapour handling system referred to in subclause (2) (a) must comply with the following requirements:(a) the delivery tank must be fitted with a vapour transfer valve connecting the tank, through a manifold if desired, to a vapour line coupling or permanently connected vapour hose,(b) the vapour transfer valve:(i) must be interlocked with the delivery valve, so as to be open whenever volatile organic liquid is being transferred to or from the tank, and(ii) if the vapour return hose is not permanently connected to the delivery tank, must be interlocked with the vapour line coupling on the delivery tank, so as to be closed unless the vapour return hose is attached to that coupling,(c) unless the delivery tank is fitted with a permanently connected vapour hose, the tank vehicle must carry a vapour return hose of vapour-tight construction, fitted to connect:(i) at one end, to the vapour line coupling on the vehicle, and(ii) at the other end, to a vapour return coupling at the liquid loading or unloading plant,(d) the vapour line (including any vapour hose carried by the vehicle) must have an internal diameter of not less than 65 per cent of the internal diameter of the largest liquid transfer hose carried by the vehicle,(e) couplings on vapour transfer hoses on the tank vehicle must make vapour-tight connections with the respective fittings on the vehicle.(4) A person is exempt from the operation of this clause if:(a) the vehicle is fitted with control equipment that is approved by the EPA by notice in writing to the owner of the vehicle, and(b) the vehicle and control equipment are maintained and operated in such manner as the EPA specifies in that notice of approval.(5) The EPA may vary or revoke an approval or exemption under this clause at any time by notice in writing served on the holder of the approval or exemption.
67 Loading and unloading large tank vehicles
(1) This clause applies to:(a) the loading of a large tank vehicle from large loading plant anywhere within the Sydney Metropolitan Area, and(b) the unloading of a large tank vehicle into a small storage tank anywhere within the Sydney Metropolitan Area—B, and(c) the unloading of a large tank vehicle into any prescribed storage tank.(2) While a tank vehicle is being loaded with volatile organic liquid from large loading plant, the person in charge of the vehicle must ensure that the delivery tank mounted on the vehicle is properly connected to the vapour collection system of that plant.(3) While a tank vehicle is being used to load volatile organic liquid into a small storage tank, the person in charge of the vehicle must ensure that:(a) before any such loading takes place, the vapour return hose is connected to the appropriate vapour line coupling on the tank vehicle (except in the case of a permanently connected hose) and to the appropriate vapour return coupling on or associated with the storage tank, and(b) the vapour return hose is not disconnected while volatile organic liquid is being loaded into the storage tank, and(c) the connection or disconnection of any hose is done in such a manner as to avoid or minimise spillage, and(d) the liquid transfer hose is not disconnected from the storage tank until the hose is empty of liquid.(4) The person in charge of a tank vehicle must not, without reasonable excuse, leave open a hatch, manhole or other cover on any delivery tank mounted on the vehicle if to do so would be likely to result in vapour being emitted to the atmosphere.Maximum penalty: 200 penalty units (in the case of a corporation) or 40 penalty units (in the case of an individual).
Division 5 Petrol service stations
In this Division:prescribed petrol dispenser means:
(a) until 1 January 2014—a petrol dispenser on a new petrol service station or modified petrol service station within the stage two zone, but only from the first time the petrol service station has a throughput of more than 0.5 million litres of petrol, and(b) from 1 January 2014—a petrol dispenser on an existing petrol service station (other than a modified petrol service station) within the stage two zone, but only from the first time the petrol service station has a throughput of more than 12 million litres of petrol, and(c) from 1 January 2017—a petrol dispenser on an existing petrol service station (other than a modified petrol service station) within the Sydney Metropolitan Area—B, but only from the first time the petrol service station has a throughput of more than 3.5 million litres of petrol.prescribed storage tank means:
(a) from 1 July 2010—a storage tank operated for storing petrol on a new or modified petrol service station within the stage one zone, but only from the first time the petrol service station has a throughput of more than 0.5 million litres of petrol, and(b) from 1 January 2014—a storage tank operated for storing petrol on an existing petrol service station (other than a modified petrol service station) within the stage one zone, but only from the first time the petrol service station has a throughput of more than 0.5 million litres of petrol.
Subdivision 2 Stage one vapour recovery
69 Control equipment for storage tanks on petrol service stations
(1) The following control equipment is required to be fitted to a prescribed storage tank:(a) a vapour transfer system by which all vapour displaced by the transfer of petrol into the storage tank is returned to the delivery tank being unloaded by means of a vapour return line,(b) a coupling on the vapour return line that makes a vapour-tight connection with the vapour return hose on the delivery tank and that closes automatically when disconnected,(c) a submerged fill pipe that terminates below the lowest point of any suction inlet used for the pumping of petrol out of the storage tank,(d) for a new petrol service station, an overfill prevention device installed in the tank fill piping or a supply system:(i) that slows delivery of petrol into the storage tank to prevent overfilling, and(ii) if electrically powered or containing electronic components, that meets the standards specified in the standards and guidelines for the purposes of this subclause,(e) storage tank overfill protection, comprising a float vent valve positioned:(i) above the highest point of any overfill prevention device when in the closed position, and(ii) so that the valve shuts off the flow into the storage tank at the level advised by the manufacturer of the storage tank or, if no level is advised, at 95% of the storage tank’s capacity,(f) spill containment enclosures for all storage tank fill connection points,(g) a coupling on the storage tank’s fill pipe that makes a liquid-tight connection with the delivery tank’s liquid transfer hose,(h) secure seals on connection points of tank filling pipes and vapour return pipes that minimise vapour leaks when those pipes are not in active use,(i) secure seals for the apertures for the use of a dipstick, if dip hatches are provided on the storage tank,(j) fittings on the petrol delivery lines and hoses that are incompatible with the fittings on the vapour return lines and hoses so as to prevent misconnection or the accidental discharge of liquid petrol into the vapour return lines or pipes,(k) a storage tank vent pipe that is fitted with:(i) a pressure vacuum valve, or other similar device, that:(A) meets the pressure vacuum settings criteria specified in the standards and guidelines for the purposes of this subclause, and(B) on the advice of a duly qualified person, is of a suitable size and type and possesses suitable safety features, and(C) has been installed as advised by a duly qualified person, and(ii) a 10 millimetre orifice that is arranged so that the pressure vacuum valve or other similar device would continue to operate if the orifice were to become blocked,(l) in the case of a storage tank fitted with a vapour processing unit, a unit that, before commissioning, has been certified by the manufacturer or supplier as being of a type that is specified in the standards and guidelines as meeting the hydrocarbon capture efficiency criteria specified in the standards and guidelines for the purposes of this subclause.(2) The occupier of a petrol service station must ensure that a storage tank is tested in the manner specified in the standards and guidelines for the purposes of this subclause before any required control equipment is fitted.(3) The occupier of a petrol service station must ensure that a storage tank fitted with required control equipment is tested before commissioning in the manner specified in the standards and guidelines for the purposes of this subclause.Maximum penalty (subclauses (2) and (3)): 100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).
70 Specifications regarding covers
A person must not operate a prescribed storage tank while a hatch, manhole or other cover on or associated with the storage tank is open if, in so doing, petrol vapour would be likely to be emitted to the atmosphere, other than:(a) during an emergency, or(b) while tank gauging or sampling by way of the relevant opening (when no liquid transfer hoses are connected to the storage tank or when any connected hoses are closed) is being carried out, or(c) while routine maintenance is being carried out.Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).
71 Specifications regarding periodic testing
(1) The occupier of a petrol service station must ensure that a prescribed storage tank and any control equipment required to be fitted to the tank are tested at the times and in the manner set out in the standards and guidelines.(2) A prescribed storage tank and any control equipment required to be fitted to the tank must not be operated unless the most recent results of tests under subclause (1) meet the standards specified in the standards and guidelines for the purposes of this clause.Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).
Subdivision 3 Stage two vapour recovery
72 Control equipment for petrol dispensers
The control equipment required to be fitted to a prescribed petrol dispenser is a vapour recovery system that:(a) before commissioning, has been certified by the manufacturer or supplier as being of a type that is specified in the standards and guidelines as meeting the hydrocarbon capture efficiency criteria specified in the standards and guidelines for the purposes of this clause, and(b) is installed in accordance with the manufacturer’s specifications by a duly qualified person, and(c) before commissioning, is tested by a duly qualified person in the manner specified in the standards and guidelines for the purposes of this clause.
73 Specifications regarding testing
(1) The occupier of a petrol service station must ensure that the control equipment required to be fitted to a prescribed petrol dispenser is tested for vapour containment integrity and vapour system recovery performance at the times and in the manner set out in the standards and guidelines.(2) The occupier of a petrol service station must ensure that a prescribed petrol dispenser is not operated unless the most recent results of tests under subclause (1) meet the standards specified in the standards and guidelines for the purposes of this clause.Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).
74 Specifications regarding monitoring
(1) The occupier of a petrol service station must ensure that a prescribed petrol dispenser is not operated unless it is also fitted with an automatic monitoring system that:(a) is capable of detecting faults in the functioning of the required control equipment, and(b) is capable of detecting faults in its own functioning, and(c) provides a warning or alarm when a fault is detected, and(d) automatically cuts off the flow of fuel from the petrol dispenser if the fault which is the subject of a warning or alarm is not rectified within 7 days, and(e) is capable of recording the last:(i) 1 year of data, and(ii) 100 faults in the functioning of the required control equipment, and(f) has been certified in the manner specified in the standards and guidelines as meeting the criteria set out in paragraphs (a)–(e).(2) Subclause (1) does not apply to a petrol dispenser at a petrol service station that has not had a throughput of 7 million litres or more of petrol at any time since being required to fit the required control equipment, if an adequately trained person on a weekly basis:(a) carries out a manual test of the functionality of the required control equipment in the manner specified in the standards and guidelines for the purposes of this subclause, and(b) inspects the vapour return lines for any torn, flattened or kinked hoses or any damaged seals, and(c) records the test and the inspection in a log book.(3) A petrol dispenser must not be operated after 7 days after a fault in the required control equipment or in the automatic monitoring system is identified until the fault has been rectified by a duly qualified person.(4) For the purposes of subclause (3), a fault exists:(a) in the functioning of the required control equipment if it ceases to meet the test of functionality specified in the standards and guidelines for the purposes of this clause, and(b) in the automatic monitoring system if it fails to detect a fault in required control equipment that it is monitoring.(5) In this clause:adequately trained person means a person who has been trained to perform the check of the relevant required control equipment:
(a) in accordance with the instructions of the manufacturer or supplier of that equipment, or(b) in a manner specified in the standards and guidelines for the purposes of this subclause.
(1) The occupier of a petrol service station must give the EPA, in the form and within the period set out in the standards and guidelines, notice of the commissioning of any prescribed storage tank or prescribed petrol dispenser.(2) The occupier of a petrol service station must give the EPA, in the form and within the period set out in the standards and guidelines, a report for the year ending on 30 June each year, if during that period there was a significant failure in any required control equipment at a petrol service station.(3) For the purposes of subclause (2), a significant failure is any one or more of the following occurrences:(a) a failure of the vapour containment system that requires the opening of the forecourt to repair the system,(b) a test result of below 85% for vapour system recovery performance of a manually monitored petrol dispenser and required control equipment, or(c) a number of warnings by an automatic monitoring system fitted to a petrol dispenser and prescribed control equipment that is greater than the number specified in the standards and guidelines for the purposes of this subclause.Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).
(1) The occupier of a petrol service station must display, or cause to be displayed, a sign, sticker or other notification:(a) on each prescribed petrol dispenser fitted with the required control equipment to the effect that the petrol dispenser is fitted with stage two vapour recovery equipment, and(b) on the petrol service station premises to the effect that the petrol service station is fitted with stage two vapour recovery equipment, if all of the petrol dispensers situated on the petrol service station are prescribed petrol dispensers fitted with the required control equipment.(2) The occupier of a petrol service station must not display, or cause to be displayed, a sign, sticker or other notification referred to in subclause (1) except in accordance with that subclause.(3) The EPA may, by order in writing, exempt a person or a class of persons specified in the order from the operation of this clause.Maximum penalty: 300 penalty units (in the case of a corporation) or 150 penalty units (in the case of an individual).
(1) The occupier of a petrol service station that has a prescribed storage tank or a prescribed petrol dispenser must keep a log book in accordance with this clause.Maximum penalty: 400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).
(2) A log book may include information kept in compliance with other requirements imposed by or under the Act.Note. For example, an incident log kept in accordance with clause 24 of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 could also include the information required to be kept under this Regulation.(3) The following must be entered in a log book in relation to control equipment required to be fitted to a prescribed storage tank or a prescribed petrol dispenser:(a) the type of control equipment installed, the serial number (if any) of the control equipment, or any part of the control equipment, and the name and address of:(i) the manufacturer of the control equipment, and(ii) the supplier of the control equipment, and(iii) the person or body that carried out the installation of the control equipment or any part of the control equipment,(b) a description of any modification carried out on the control equipment, including the type of any part of the control equipment replaced, removed or added, the serial number (if any) of any such part and the name and address of the person or body that carried out the modification work,(c) a description of any routine maintenance carried out on the control equipment,(d) details of any rectification work carried out on the control equipment and the name and address of the person or body that carried out the rectification work,(e) details of any manual monitoring of control equipment undertaken,(f) a description of any testing of the operation of the control equipment, whether carried out in compliance with this Regulation or otherwise, including the type of test carried out, the results of the test and the name and address of the person or body that carried out the test,(g) a description of any incident, including a reportable significant failure under this Subdivision, that indicated that the control equipment was not, or may not have been, operating in a proper and efficient manner and the measures taken to investigate and respond to the incident.(4) A record required to be kept in a log book must be retained for 3 years from the date of creation of the record.(5) A certificate from a supplier or manufacturer that is required by clause 68 (1) (l) or 71 (a) must be retained with the log book for 3 years or until the prescribed control equipment to which it relates is decommissioned, whichever is the longer.(6) The log book must be kept:(a) if all or part of the prescribed control equipment is included in a storage system that is regulated by the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, in accordance with an environment protection plan under that regulation, or(b) in any other case, at the petrol service station at which the prescribed control equipment is being operated.(7) If the petrol service station permanently ceases to operate during the 3-year period referred to in subclause (4) or (5), the record or certificate must be kept at the principal place of business of the person who, immediately before the petrol service station ceased to operate, was the occupier of the petrol service station.(8) This clause does not require the recording of anything done before 13 November 2009.(9) The EPA may, by order in writing, exempt a person or a class of persons specified in the order from the operation of subclause (4) or (5).
(1) The EPA may grant an exemption under this Subdivision by order in writing on application or of its own motion.(2) An application for an exemption must be accompanied by such fee (if any) as the EPA may determine.(3) An order:(a) has effect in such circumstances (if any), and subject to such conditions (if any), as are specified in the order, and(b) must specify a person to be served with the order and must be served on that person, and(c) has effect on and from service of the order or such later date as may be specified in the order, and(d) is subject to the condition that the exempted person complies with all of the provisions of the Act and the other provisions of this Regulation that apply to the person, and(e) may be revoked by the EPA at any time by order in writing served on the person referred to in paragraph (b).