Who will be the regulator?

DECC will be the appropriate regulatory authority (ARA) for overseeing both the implementation and enforcement of the UPSS Regulation for the first four years after the law commences. After this, the role will be passed back to local councils, who are currently, and will continue to be, the ARA for all other matters at UPSS sites under the Protection of the Environment Operations Act 1997.
Benefits for the industry

Improving the environmental management of underground petroleum storage systems

Underground petroleum storage systems have the potential to leak and can lead 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. A new Regulation requires owners and operators to regularly check for leaks in the system. They also now need to meet minimum standards in their dayto-day environmental management of these storage systems.
An underground petroleum storage system or UPSS refers to the entire system of underground fuel tanks and pipes used to store and handle petroleum products.

Preventing leaks and early detection of leaks will: minimise the risk of contamination avoid expensive clean-up costs reduce the likelihood of litigation and damages reduce loss of fuel product improve industry standards.
Benefits for the community and the environment

How can I find out more?

The Regulation and supporting guidance materials are available from DECC by: phoning DECC Environment Line on 131 555 (toll free) visiting the DECC website at www.environment.nsw.gov.au/clm/upss.htm sending DECC an email on upssreg@environment.nsw.gov.au

Preventing leaks from UPSS will: preserve the environment for current and future users protect surface and groundwaters reduce risks to human health reduce the risk of explosions improve safety for workers protect land value and amenity, including neighbouring properties.
Estimated $ benefits
Published by: Department of Environment and Climate Change NSW 59 Goulburn Street Sydney; PO Box A290 Sydney South 1232 Phone: (02) 9995 5000 (switchboard) Phone: 131 555 (environment information, publications requests) Phone: 1300 361 967 (national parks information, publications requests) Fax: (02) 9995 5999 TTY: (02) 9211 4723 Email: info@environment.nsw.gov.au Website: www.environment.nsw.gov.au ISBN 978 1 74122 741 3 DECC 2008/74 March 2008 Printed on recycled paper

It has been estimated that the new Regulation will result in quantified net benefits to NSW of around $295$310 million over five years. Other unquantified benefits would likely push that figure considerably higher.

Why do we need a new Regulation?

UPSS sites affected include (but are not limited to): active service station sites fuel terminals and depots commercial and industrial premises local council depots automotive retail and hire premises airports marinas. The person responsible for any of these sites must comply with the requirements of the Regulation, except where the premises operates under an environment protection licence, which would set out operating standards in the licence conditions.
Im affected, so what will I have to do?

Underground petroleum storage systems (UPSS) can often leak for some time without anyone knowing or doing anything about the problem, as it is not easy to see if they are losing their contents. To date, there has been no legal requirement for the operator or owner of a system to find out if it is leaking and causing damage to the environment or human health. A new Regulation has been introduced in New South Wales to deal with this problem. The Regulation aims to: reduce harm to the environment and human health, especially from contamination of surface and groundwaters and soil save money and minimise time-consuming remediation activities by preventing leaks or dealing with them early ensure industry best practice is followed monitor and, where necessary, repair corrosion or faulty UPSS components ensure appropriate validation and decommissioning of systems and sites. Under the Regulation, it is against the law to continually allow or ignore contamination resulting from a leaking or faulty UPSS.
What is the proposed timeframe?

Old UPSS will also need to meet these requirements but some will be phased in after the Regulation becomes operational, as follows: procedures for monitoring and detecting leaks: deferred for up to 12 months installation of groundwater monitoring wells: deferred for up to three years adoption of an Environment Protection Plan: deferred for up to 12 months installation of certain best practice pollution control equipment not required unless a significant modification is undertaken on the system.
How will I know what to do?

The new UPSS Regulation will affect the owners and operators of both new UPSS and old UPSS. Old systems include any UPSS for which planning approval was granted before 1 June 2008, or those where installation had commenced or the system had been commissioned prior to that date. New systems are those that receive planning approval after 1 June 2008. They will need to meet all of the design/installation and operational requirements specified in the new Regulation. These requirements are further explained in the UPSS Guidelines, which are available from the Department of Environment and Climate Change (DECC) website at www.environment.nsw.gov.au/clm/upss.htm. From 1 June 2008, new systems will also need to have the following in place: procedures for the regular monitoring and detection of leaks groundwater monitoring wells installed and a program to test them an adopted Environment Protection Plan the required record-keeping procedures.

DECC has prepared guidance to support the implementation of the Regulation. For more details, go to the departments website at www.environment. nsw.gov.au/clm/upss.htm. At the same time, recognised and experienced persons within the petroleum industry will also be able to provide advice to people regarding requirements for their UPSS.
Will I have to comply with all of the requirements of the Regulation?

Some UPSS owners/operators may be granted an exemption from complying with one or more requirements of the Regulation, for example: installing groundwater monitoring wells at an existing site testing groundwater every six months maintaining certain records adopting an Environment Protection Plan for the system undertaking a program to detect leaks. A fee may be payable by those UPSS owners/ operators who seek a more complex exemption.

The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 commences on 1 June 2008.
Who does the new Regulation apply to?

The new Regulation applies to anyone who is responsible for management and control of a UPSS. This might include the owner, lessee or operator of the UPSS, depending on the particular circumstances.