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Dáil Éireann debate -
Thursday, 4 Feb 1999

Vol. 499 No. 5

Adjournment Debate. - Oil Storage Tanks.

I thank the Minister for Agriculture and Food, Deputy Walsh, for extending his brief and coming to the House to respond to my remarks about regulations covering oil storage tanks.

People in Cavan woke up this morning to the news that the premises of their local newspaper, The Anglo Celt, had been destroyed by fire. When the Garda and fire services arrived at the scene, it appeared that there was a relatively small fire at the back of the building. However, an oil tank then exploded, producing a much more dangerous situation. Our thoughts are with the firemen who were injured while fighting the fire. Despite the injuries to their men, the fire service succeeded in preventing a much bigger disaster.

The case in Cavan is the latest example of the dangers posed by not having proper regulations in place to ensure that there are standards for storing oil. Unfortunately, I fear it will not be the last incident in a long list of accidents caused by these tanks. In most households and many schools, public houses and even hospitals oil is kept in plastic tanks at the back of the premises. Sometimes it is kept on top of the roof. Despite the obvious risks when there is a fire and of leaks, no proper standards are set for checking the safety of these tanks. Despite numerous representations from me and others over the years, there appears to be little movement on behalf of the Government to rectify this problem which is crucial to public safety. Throughout the years, I have attempted to ascertain what standards apply in this area only to discover the very disturbing fact that no standards apply to plastic storage tanks. The CEN standards being prepared by the European Standardisation Organisation will not be published until 2001.

When people choose to use oil to heat their homes, they need reassurance that the tanks in which the oil is stored will not create a health risk to themselves or their children or an acute safety risk in the case of fire or pollution. Just over a year ago, newspapers carried reports of a luxury house in Portmarnock which had been destroyed through the leakage of several gallons of oil into its foundations. The house had to be partially demolished to rectify a huge problem caused by a small crack in a plastic oil tank.

The health effects on children who live in an area soaked in oil are horrific, as doctors will testify. In Carrickfergus in September of 1995, families with young children were obliged to flee their blazing homes when a fire which started at the rear of a terraced house spread and several domestic oil tanks melted. There is an obvious lack of protection in the almost universal use of plastic rather than the more fire resistant material, metal. The increased use of plastic in this type of tank is a further indication of our blasé attitude towards plastic. We think plastic is more modern and must therefore be more efficient and safe. In fact, the more traditional metal oil containers can be recycled and repaired and are much more fire resistant than plastic tanks if well maintained.

Fire departments which have been faced with the destruction which occurs in the aftermath of fires involving oil tanks have called for investigations into the safety of plastic tanks. Following a fire which affected three houses in Naas, County Kildare, the fire chief for the county stated that the plastic oil tanks "would appear to have no resistance to fire.we would not consider them safe". The assistant Chief Fire Officer in Dublin in 1996 wrote that because of the lack of standards and the absence of tests to compare the safety of steel and plastic tanks he "could not recommend the use of such tanks at this point in time". If the fire services which witness daily the destruction and devastation caused by fires, call for plastic tanks to be regulated or banned, the Department should take note of their concerns.

There is still a lack of proper regulations in this area so the position of fire officers on this matter cannot have changed. With the almost complete dominance of plastic oil tanks in households and elsewhere, the situation is more urgent than ever. What measures will be taken to check tanks which have already been installed to ensure their are no splits or cracks in them? When will regulations and legislation be introduced? There have been many casualties in this area and we do not want to see further damage to people, property and the environment.

I thank the Deputy for raising this serious matter and assure him I share his concern about the incident which has taken place in Cavan.

There are two distinct elements in the overall issue of safety standards referred to by the Deputy. The first relates to safety standards for oil storage tanks and the second to safety standards for oil transportation. In regard to safety standards for oil storage tanks, I should point out that in December 1997, my colleague, the Minister for the Environment and Local Government, introduced a revised and upgraded building control package. The new package applies to new building and reconstruction work which commenced on or after 1 July 1998.

Part J of the Building Regulations, 1997 requires that oil storage tanks which serve heat producing appliances shall be so located as to reduce to a reasonable level the risk of fire spreading from a building to the tank. The Minister also published revised technical guidance on the 1997 regulations which recommends the protection of oil storage tanks from the risk of fire-spread, including the provision of protective barriers in certain circumstances. The guidance also refers to the revised British Standard 5410, Part 1 of 1997 which applies to all oil storage tanks irrespective of the material, such as plastic or steel, from which the oil tanks are made. I also understand that CEN, the European standards body, is currently working on a draft European standard for plastic oil tanks and it is anticipated this will be completed by 2002.

In regard to safety standards for oil transportation, section 25 of the Dangerous Substances Act, 1972 requires that any person engaged in the storage, labelling, packing or conveyance of any dangerous substance as defined in the Part IV Declaration Order to that Act shall take all practicable steps to prevent risk of injury to person or property. Regulations made under this Act, namely the Dangerous Substances (Petroleum Bulk Stores) Regulations of 1979, the Dangerous Substances (Retail and Private Petroleum Stores) Regulations of 1979 and the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations of 1988 provide that such stores shall be designed, planned and arranged to be suitable and adequate for the purposes of their use, in order to prevent risk of injury either to persons or property from petroleum.

A number of requirements relate to the design, construction, installation and maintenance of storage tanks at such storage facilities. Under the Dangerous Substances Act, there is a requirement for such premises to be licensed by the local authority for the sale of petroleum spirit, or, if the store is owned by such local authority, by the Health and Safety Authority.

In relation to dangerous substances other than petroleum, for example heating oils, the encompassing storage requirements of section 25 of the Dangerous Substances Act apply. In addition, technical requirements for the materials, methods of construction, standards and other specifications for heat producing appliances and for the location of oil storage tanks serving such appliances are established under Part J of the Second Schedule of the Building Regulations, 1997 and are applicable to buildings constructed after 1 June 1992.

Transport of dangerous substances by road is also governed by regulations made under the Dangerous Substances Act, 1972, namely the Dangerous Substances (Conveyance of Petroleum by Road) Regulations of 1979, the Dangerous Substances (Conveyance of Sched uled Substances by Road) (Trade or Business) Regulations of 1980, the Dangerous Substances (Conveyance of Scheduled Substances by Road ) (Trade or Business) (Amendment) Regulations of 1986, the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations of 1996 and the Dangerous Substances (Conveyance of Petroleum by Road) (Amendment) Regulations of 1996. These regulations establish the safety standards to be observed in the conveyance by road of petroleum and other dangerous substances. The Carriage of Dangerous Goods by Road Act, 1998 and the regulations to be made under it provide the legal basis to enable Ireland to accede to the ADR – the European agreement concerning the international carriage of dangerous goods by road – and also to implement the EU ADR Framework Directive 94/55 and the directive introducing a system of road checks to ensure compliance with ADR – Directive 95/50/EC.

The following are the main issues covered by the ADR and the EU Directives: the safe transport of dangerous goods by road in accordance with the requirements of ADR; the examination, testing and certification of transport equipment – vehicles; the type-approval of transport equipment – vehicles; the certification or approval of tanks, containers, etc.; the periodic examination and testing of such tanks, containers, etc.; the training and examination of drivers of dangerous goods vehicles; and, the recognition of certificates of competent authorities in other member states which are parties to the ADR.

Given the complexity of the issues involved and the recognition that competencies in the areas outlined lie within the remit of a number of Government Departments, it has been necessary to identify the roles and tasks of each of the responsible parties to ensure the efficient enforcement of the requirements of the ADR and the EU Directives. To this end, regulations are in the process of being prepared by an interdepartmental working group and are expected to be finalised before the middle of this year.

In view of the seriousness of this issue, I will make immediate representations to the Minister to seek to expedite matters.

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