Health and Safety at Work (Hazardous Substances) Regulations 2017

Subpart 11—Installations for burning class 3.1 substance or substance approved by EPA

17.57 Installation of stationary container system

(1)

This regulation applies to every stationary container system that is—

(a)

used to contain—

(i)

a class 3.1 substance; or

(ii)

a hazardous substance that has been approved by the EPA for use as a fuel for an internal combustion engine or a burner; and

(b)

used to provide fuel to an internal combustion engine or a burner.

(2)

A relevant PCBU must ensure that a stationary container system to which this regulation applies is installed to ensure that,—

(a)

if the stationary container system is located in a building, the hazardous substance does not discharge or leak from any part of the stationary container system within that building; and

(b)

any transfer point used for filling the stationary container system with the hazardous substance is located outside that building; and

(c)

any vent pipe, relief valve, or overfill pipe that is part of the stationary container system terminates outside that building, except an emergency vent installed on a tank that complies with SwRI 95-03; and

(d)

exhaust fumes created as a result of using the hazardous substance are discharged into a safe place that is outside that building; and

(e)

the flow of the hazardous substance to the internal combustion engine or burner associated with the stationary container system is modulated to match the capacity of the engine or burner; and

(f)

the supply of the hazardous substance to the internal combustion engine or burner associated with the stationary container system, or any pump used to supply the substance to that engine or burner, is cut off if the temperature of the air above the engine or burner reaches 90ºC; and

(g)

if the hazardous substance spills or leaks into the system’s secondary containment system, any pump that is part of the system is located so that it will not come into contact with the spilled substance.

(3)

Despite subclause (2)(b), a stationary tank, located in a building, that is used to contain a class 3.1D substance may be directly filled from a nozzle if—

(a)

the tank size is no more than 1 000 L; and

(b)

the fill point is clearly identified; and

(c)

there is spill containment with a capacity of 15 L around the fill point; and

(d)

the requirements of section 5.3.2(a) to (f) of AS 1940—2004 (5th Edition) (R2006) are complied with.

(4)

Despite subclause (2)(b), a stationary tank, located in a building, that is used to contain a class 3.1D substance may be directly filled using a connection that is both liquid tight and vapour tight and seals without spillage when disconnected (dry break coupling) if—

(a)

the tank size is no more than 15 000 L; and

(b)

the fill point is clearly identified; and

(c)

there is a manual valve directly upstream of the coupling; and

(d)

the requirements of sections 5.3.2(a) to (f), 5.3.3(a) to (c), and 5.3.4 of AS 1940—2004 (5th Edition) (R2006) are complied with.

(5)

A relevant PCBU must ensure that a stationary container system to which this regulation applies has a means of preventing the hazardous substance from draining from a stationary tank that is part of the stationary container system in the event that pipework that is part of the system fails.

Examples

Anti-siphoning device, non-return valve or other valve.

(6)

The means of preventing the substance from draining under subclause (5) must be fitted as close as practicable to each stationary tank that is part of the system.

(7)

This regulation does not apply to a stationary container system that—

(a)

does not have a service tank; and

(b)

has a capacity of less than—

(i)

50 L, for class 3.1A, 3.1B, and 3.1C substances supplying an internal combustion engine; or

(ii)

500 L, for class 3.1D substances supplying an internal combustion engine or substances approved by the EPA for use as a fuel for an internal combustion engine; or

(iii)

60 L, for class 3.1 substances supplying a burner or substances approved by the EPA for use as a fuel for a burner.

(8)

A PCBU who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: Gazette 2004, pp 859–860, Schedule 8, cl 56