Energy Resolution 785/2005 - National Program for Control of Losses of Air Tanks for Storage of Hydrocarbons and their Derivatives

Last updated: 3 December 2019

This resolution approves a comprehensive, cradle-to-grave regulatory regime for above-ground hydrocarbon storage tanks. Annex I sets forth requirements for tank installation (Art. 11), abandonment (Art. 13), and over the course of a tank’s useful life, preventative maintenance (Art. 34).

Art. 2 requires operators to register all tanks larger than 2.5 cubic meters (Art 2, new tanks; Art. 10, existing tanks). Art. 15 requires tracking of inventory to ensure product is not leaking from the tank. Art. 16 requires recordkeeping and retention for 10 years.

The resolution requires tank operators to prepare environmental management plans, which must include monitoring and control plan for emissions (Art. 18), to conduct technical inspections every 15 years (Art. 19-21), and to conduct environmental inspections every 5 years (Art. 23, 25). If problems are uncovered during inspections or otherwise, operators must submit reports and remediation plans (Art. 17, 24, 27, 32-33).

If gaseous emissions will be generated, an auditor must inspect for emissions and establish “a permanent monitoring plan and a progressive minimization program for these emissions.” Documentation of this plan and program must be kept on file for 10 years.

Art. 5 requires registration of qualified remediators. Art. 8 prohibits conflicts of interest for auditors. The rule contains a number of penalty provisions for non-compliance (Art. 7, 39-44). State agents can visit a facility without notice (Art. 37).

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