19th December 2019
Minister Pat Breen formally announced the finalisation and publication of new Dangerous Substances Regulations for the petroleum sector.
The new Dangerous Substances Regulations replace two sets of regulations which are now over 40 years old and will establish new guidance and standards for those working in the petroleum industry e.g. petrol/diesel filing stations and major fuel distribution stores.
The announcement of the new Regulations is an important step forward in delivering upon the Government’s commitment to improve safety standards for workers, retailers and contractors operating in the sector. The Regulations will modernise how the licencing system operates in a fair and consistent manner throughout the country and encompass key provisions for the prevention of potential harmful effects to the environment arising from the storage of petroleum products and other hazardous materials.
On announcing the publication of the Regulations the Minister said: “I am very pleased to have signed these new regulations into law. They set out the clear and up-to-date safety and environmental standards required for the petroleum sector. It is my hope that this renewed focus will encourage and improve standards in the sector and help to eliminate health and safety risks.”
The new Regulations, which will come into effect in April 2020, are part of an ongoing process of collaboration with representatives from the Local Government sector to overhaul the regulatory and operational structures for licensing of petroleum products and to introduce a new regional-based approach which will deliver consistency, transparency, and operational efficiencies for the current 31 licensing authorities in the sector.
The new Regulations along with a Frequently Asked Questions document for stakeholders are available on the Department’s website: Dangerous Substances Regulations 2019
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Technical Details
- The Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (SI No. 630 of 2019) repeal and replace the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (SI No. 311 of 1979).
- The Dangerous Substances (Flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations, 2019 (SI No. 631 of 2019) repeal and replace the Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 (SI No. 313 of 1979).
- Both SI 630 and SI 631 will come into effect from 1 April 2020, to give industry time to review them and prepare for the new regulatory regime.
- Licensing across the sector is carried out by Local Authorities and Fire Services.
- The Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (SI No. 630 of 2019) apply to all stores which sell flammable liquids and fuels to the public, including kerbside retail stores.
- The Dangerous Substances (Flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations, 2019 (SI No. 631 of 2019) applies to all stores of flammable liquids and fuels for supply or sale to commercial enterprises, the licensee’s own vehicles, or any engine under the licensee’s control.
- The Regulations do not apply to the following:
- Stores of less than 2,000 litres of Category 1 flammable liquids (eg, petroleum) and less than 5,000 litres of Category 2 and Category 3 flammable liquids;
- Any store to which the Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 (SI No. 209 of 205) (ie, the COMAH Regulations) apply;
- Flammable liquids and fuels stored for domestic heating;
- Flammable liquids and fuels stored for agricultural vehicles or premises;
- Flammable liquids and fuels stored for manufacturing; and
- Flammable liquids and fuels stored for refining.
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The Department of Business, Enterprise and Innovation (DBEI) plays a key role in implementing the Government’s policies of stimulating the productive capacity of the economy and creating an environment which supports job creation and maintenance. The Department has lead responsibility for Irish policy on global trade and inward investment and a remit to promote fair competition in the marketplace, protect consumers and safeguard workers.
For further information please contact Press Office, D/Business, Enterprise and Innovation, press.office@dbei.gov.ie or (01) 631 2200
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