Find out if the Control of Pollution (Oil Storage) (England) Regulations 2001 apply to your business
What the regulations do
The Control of Pollution (Oil Storage) (England) Regulations 2001 (OSR England/the regulations) require anyone who stores more than 200 litres of oil to provide more secure containment facilities for tanks, drums and mobile bowsers to prevent oil escaping into the environment.
Where do they apply?
The regulations only apply in England.
Scotland is governed by the Water Environment (Oil Storage) (Scotland) Regulations 2006 (OSR Scotland/the Scottish regulations).
At the present time there are are no equivalent regulations for Wales or Northern Ireland.
Definitions of in-use, storage and oil
There is no legal definition of 'in-use' or 'storage' in OSR England, but a definition of storage has already been developed by the courts.
The case of Plews v Plaisted, states that storage implies a degree of permanence and could not include temporary property.
For the purposes of the regulations we would:
- look at site-specific details
- consider the risk on site
- check what measures are being taken to help reduce potential incidents
Generally, if oil is being used but not stored, it’s likely to be exempt from OSR England.
There is no specific definition of ‘oil’ in OSR England. This is because the regulations cover a wide variety of oils.
Which types of oil are covered?
The regulations cover all types of oil, except waste mineral oil. This includes petrol, diesel, bio-fuels, vegetable oils (new and waste), synthetic and mineral oils. Oils that are sold as biodegradable are also covered.
Waste mineral oil is covered by the Waste Management Licensing Regulations. Previously used oil stored for use in space heaters is not considered as waste and must comply with OSR England.
Flammable liquids, such as petrol, have additional health and safety requirements.
What isn't covered by the regulations?
Many products are hydrocarbon based but still wouldn't be covered by the OSR England. These include:
- liquid Petroleum Gas (LPG)
- solid hydrocarbon products
Defra guidance outlines certain solvents that fall within the regulations. This covers oils used as solvents but not solvents that are hydrocarbons. Products of the refining industry such as Toluene and Benzene, not used for heating or power, are outside OSR England.
These are controlled using a risk assessment on site and an anti-pollution works notice or a groundwater notice.
Oil stored at marinas
Where oil storage at marinas, on the bank, or on pontoons, is within 10 metres of the water, this is a high risk site and has a high risk of causing pollution.
Oil storage in these locations must have been compliant since 1 September 2003. Tanks in these locations should also be secured to prevent them lifting or floating away in the event of unusually high tides or floods.
Oil storage on barges at coastal marinas comes under the jurisdiction of the harbour master and is not covered by these regulations.
Also the storage of petroleum is controlled by the Petroleum Consolidation Act and you need a license from the petroleum licensing authority, usually the Fire Service or County Council trading standards department to store it.
Houseboats and barges used as domestic premises
Oil storage tanks on houseboats that are less than 3500 litres are excluded from the regulations.
A houseboat is a private dwelling under the regulations and can constitute 'premises'. The term 'premises' is defined by Environment Act 1995 and includes vessels.
Sites regulated under Integrated Pollution Control or Pollution Prevention and Control regimes
There is no exemption for sites in England regulated under Integrated Pollution Control (IPC) and Pollution Prevention and Control (PPC) regimes.
It is our policy to regulate only once. A standard condition is included in any licence, permit or authorisation stating that oil stores should comply with OSR England. Local Authorities who enforce PPC Regulations should do likewise.
Where the OSR England standards are not stringent enough to reduce the risk of environmental damage from a site, our licence, permit or authorisation will specify the measures over and above OSR England standards. This will be enforced under the relevant regime.
Where the standards of the regulations are not appropriate for technical reasons, we will agree site-specific measures, to achieve the aims of OSR England using different means. We will take into account the risk to the environment and the costs to the operator.
Crown sites
Crown sites must comply with OSR England. Although we can't prosecute for non-compliance, we can ask the court to serve a notice which would require improvements to be put in place.
