The proposed regulation includes a functional requirement in terms of secondary safeguards. The functional requirement is technology neutral. The functional requirement for secondary safeguard means that tanks and loose containers (defined as: bottle, can, canister, drum or other portable container, including containers approved for transport) in water protection areas must be fitted with a protective device designed to capture leakage, overfilling and spillage. The proposal does not include any e-services.
Swedish Environmental Protection Agency’s regulations (NFS 2021:X) concerning protection against soil and water pollution when handling flammable liquids and waste oils
The Swedish Environmental Protection Agency has long regulated the storage and handling of flammable liquids and waste oils in tanks and loose containers in water protection areas as well as required disclosure to the supervisory authority outside the water protection area.
The proposed regulation prescribes a mandatory reporting to the supervisory authority when a tank is installed or when loose containers are being handled for a certain period of time (only within water protection areas). The proposed regulation stipulates that tanks and loose containers in water protection areas must have a secondary safeguard (functional requirement). The secondary safeguard on tanks must be checked by control bodies that
are accredited based on the regulations. In addition, the supervisory authority must be informed of a tank being decommissioned and there is a notification obligation in the event of contamination of land and wetland areas.
Furthermore, the proposed regulation governs applicable volume limits, both within and outside water protection areas, and provides for that the supervisory authority may grant derogation from the requirements on a case-by-case basis.
The regulation has been previously announced, see notification number 2017/164/S, the Swedish Environmental Protection Agency’s regulations (NFS 2017:5) on protection against soil and water pollution when handling flammable liquids and waste oils