§ Mr. LlwydTo ask the Secretary of State for Transport, Local Government and the Regions what conditions are attached to the licences for underground storage tanks to prevent and detect leakages; and how the proposed removal of licences will change this. [10524]
§ Dr. WhiteheadLicences for underground petrol tanks have conditions attached which are intended to prevent and detect leaks. The conditions are based on guidance issued by HSE and the Local Authorities Co-ordinating body on Food and Trading Standards (LACOTS).
HSC are to consult early next year on a proposal to remove licensing at all workplaces except retail petrol filling stations. All workplaces storing petrol, whether licensed or not, will be subject to the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) which will come into force in the summer of next year.
DSEAR places comprehensive duties on employers to eliminate or reduce fire and explosion risks from dangerous substances including petrol. DSEAR will require measures to reduce risk of releases and the escape of petrol.
Because of the close involvement of the public at retail petrol filling stations it is proposed to develop additional controls to supplement DSEAR, as a replacement for the current licensing regime. Until these are developed and consultation has taken place with stakeholders, licensing will remain in force at retail petrol filling stations.
§ Mr. LlwydTo ask the Secretary of State for Transport, Local Government and the Regions what proposals he is implementing to encourage petrol retailers to report leakages. [10564]
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§ Dr. WhiteheadRepair of leakages is already one of the standard licence conditions imposed by Petroleum Licensing Authorities. Control of leakages will also be subject to the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) which will come into force in the summer of next year. HSE will be publicising the new regulations and associated guidance.
§ Mr. LlwydTo ask the Secretary of State for Transport, Local Government and the Regions how many breaches of licensing conditions of underground storage tanks have(a) been reported and (b) resulted in prosecution in each of the past five years. [10568]
§ Dr. WhiteheadHSE does not collect statistics on breaches of licence conditions and prosecutions by Petroleum Licensing Authorities (PL As). The information would be disproportionately expensive to obtain retrospectively.
New reporting arrangements are being developed in conjunction with PLAs so that this information can be obtained in the future.
§ Mr. LlwydTo ask the Secretary of State for Transport, Local Government and the Regions if his Department will carry out a full condition audit of all underground storage tanks in the United Kingdom. [10569]
§ Dr. WhiteheadNeither HSE nor the Environment Agency has any plans to commission a full condition audit of all underground storage tanks. Safety and environmental legislation provide adequate safeguards to prevent and control leaks from underground storage tanks. The powers are available to conduct investigations where necessary.
§ Mr. LlwydTo ask the Secretary of State for Transport, Local Government and the Regions if he plans to incorporate the recommendations of the Institute of Petroleum and the Association for Petrol and Explosive Administrators into its new Code of Practice relating to petrol retailers. [10567]
§ Dr. WhiteheadThe Department for Environment Food and Rural Affairs has recently completed a public consultation on a groundwater protection code of practice for petrol stations and underground storage tanks for hydrocarbons. All responses to the consultation will be taken into account when finalising the code.
HSE are carrying out a major review of petrol legislation with a view to modernising it. The review is being carried out in three phases which will look at:
Phase 1: workplace storage of petrol except for retail petrol filling stations.Phase 2: retail petrol filling stations.Phase 3: non-workplace storage of petrol (mainly domestic premises).As part of phase 2 of the review HSE will consider all existing guidance, including that jointly produced by the Institute of Petroleum and the Association for Petrol and Explosive Administration, when making recommendations regarding the future of petroleum legislation for retail petrol filling stations.
§ Mr. LlwydTo ask the Secretary of State for Transport, Local Government and the Regions when the report into modernising petrol legislation will be published. [10522]
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§ Dr. WhiteheadAlthough the licensing system under the Petroleum (Consolidation) Act 1928 (PCA) has worked well for many years, it is now outdated and does not easily sit alongside the modern risk-based approach to health and safety. HSE are therefore carrying out a major review of the legislation with a view to modernising it. The review is being carried out in three phases which will look at
Phase 1: workplace storage of petrol except for retail petrol filling stations.Phase 2: retail petrol filling stations.Phase 3: non-workplace storage of petrol (mainly domestic premises).The HSC will publish consultative documents detailing its proposals for each of the three phases of the review of petroleum legislation. The consultative document for phase 1 will be published early next year but it is too early yet to give an indication of when the remaining two will be published.