European Union(StageII Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations)Regulations 2011. S.I. 687 of 2011
Source: Iris Oifigiúl 2011-12-30

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paragraphs: These Regulations may be cited as the European Union (Stage II Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations) Regulations 2011.
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paragraphs: (1) In these Regulations—
(a) a county council, and
(b) a city council,
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) Each local authority is a competent authority for the purpose of these Regulations and the Directive and shall be responsible for the enforcement of these Regulations within their functional area and shall take such steps as are necessary for this purpose.
(2) Not later than twelve months after the entry into effect of these Regulations, each competent authority shall, in respect of its functional area, establish and thereafter maintain a register of—
(a) service stations,
(b) the date of receipt of each application for a certificate of installation submitted under Regulation 7 and such contents of the application as it deems relevant,
(c) the date of issue of each certificate issued under Regulation 7 and such contents of the certificate as it deems relevant,
(d) the date of receipt of each report submitted under Regulation 10 and such contents of the report as it deems relevant,
(e) the date of issue of each certificate issued under Regulation 10 and such contents of the certificate as it deems relevant,
(f) the name and business address of the owner of the service station when submitted as part of an application for a certificate of installation or a certificate of testing or updated by the owner in accordance with Regulation 5(13).
(3) Each competent authority shall carry out, or cause to be carried out, such random inspections as it deems necessary or as may be required for the purposes of verifying compliance with these Regulations.
(4) The Minister may issue guidance from time to time on any aspect of the implementation of these Regulations.
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paragraphs: (1) A competent authority may authorise in writing any person, hereinafter referred to as an “authorised officer”, for the purposes of these Regulations.
(2) An authorised officer may, for the purpose of insuring that these Regulations are being complied with—
(a) at all reasonable times, enter and inspect a service station,
(b) require any person involved in the operation of a service station or any equipment or other device at that service station to produce to him or her any books, documents or records (and in the case of such information in a non-legible form to reproduce it in permanent legible form) relating to the service station that are in the person’s power or control and to give to him or her such information as he or she may reasonably require in relation to the service station,
(c) inspect and take copies of, or take extracts from, any such books, documents or records, including in the case of information in a non-legible form a copy of or extract from such information in permanent legible form,
(d) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 ) found by or produced to the officer under this Regulation,
(e) carry out, or have carried out, such examinations, inspections or tests of the Stage II petrol vapour recovery system or other devices found on the service station as the officer considers appropriate and, if the officer so thinks fit, remove or have removed from there any equipment or other devices and retain them for a reasonable period to facilitate such examination, testing or inspection,
(f) examine any procedure connected with the manufacture, installation or maintenance of the Stage II petrol vapour recovery system,
(g) exercise such other powers as necessary to ensure that the Regulations are complied with, and
(h) exercise such other powers as necessary to carry out his or her functions.
(3) A person shall not obstruct an authorised officer exercising any powers under these Regulations and shall not wilfully withhold any information which an authorised officer may request for the purpose of these Regulations.
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paragraphs: (1) The owner of a new service station shall ensure that the new service station is equipped with a Stage II petrol vapour recovery system that satisfies the minimum specifications set out under Regulation 6 if—
(a) its actual or intended throughput is greater than 500 m3/year; or
(b) its actual or intended throughput is greater than 100 m3/year and it is situated under permanent living quarters or working areas.
(2) The owner of an existing service station shall ensure that a Stage II petrol vapour recovery system that satisfies the minimum specifications set out under Regulation 6 is installed at the time of the service station’s next major refurbishment after 1 January, 2012 if—
(a) its actual or intended throughput is greater than 500 m3/year; or
(b) its actual or intended throughput is greater than 100 m3/year and it is situated under permanent living quarters or working areas.
(3) For the purpose of Regulation 5(2), the competent authority shall determine what constitutes a major refurbishment.
(4) The owner of an existing service station shall not proceed with repairs that require written permission from a licensing authority under Regulation 47 of the Regulations of 1979, until such time as the competent authority provides the owner with written notification as to whether such works constitute a major refurbishment under Regulation 5(2).
(5) The competent authority shall make its determination under Regulation 5(3) and inform the owner of the service station not later than such time as the licensing authority informs the owner of the service station of its decision as to whether to grant permission to undertake repairs under Regulation 47 of the Regulations of 1979.
(6) Notwithstanding Regulations 5(1) and 5(2), the owner of a service station with a throughput in excess of 3,000 m3/year shall ensure that the service station is equipped with a Stage II petrol vapour recovery system that satisfies the minimum specifications set out under Regulation 6 by no later than 31 December 2018.
(7) Regulations 5(1), 5(2), 5(3), 5(4), 5(5) and 5(6) do not apply to service stations exclusively used in association with the construction and delivery of new motor vehicles the tanks of which are being filled with petrol for the first time only.
(8) The owner of a service station shall be responsible for ensuring that all details of installation, maintenance, examination, testing and repair work carried out for the Stage II petrol vapour recovery system are recorded in a log book.
(9) Where an automatic monitoring system has been installed to monitor the petrol vapour capture efficiency, it shall automatically detect faults in the proper functioning of the Stage II petrol vapour recovery system and in the automatic monitoring system itself, indicate faults to the service station operator and automatically stop the flow of petrol from the faulty dispenser if the fault is not rectified within seven days.
(10) Where an automatic monitoring system has not been installed to monitor the petrol vapour capture efficiency, it shall be the duty of the owner to ensure that a weekly check to verify the functionality of the Stage II petrol vapour recovery system using appropriate methods shall be undertaken and an inspection for torn, flattened or kinked hoses and damaged seals on vapour return lines shall be carried out. The details of the findings of these weekly tests and checks shall be entered in the log book.
(11) Where the results of monitoring under Regulation 5(9) or 5(10) indicate that the Stage II petrol vapour recovery system is not in compliance with Regulation 6, the owner shall-
(a) identify the cause of the non-compliance and take corrective action to ensure compliance as soon as possible,
(b) inform the competent authority of the non-compliance of the Stage II petrol vapour recovery system,
(c) record details regarding the cause and extent of the problem and actions taken to ensure compliance in the logbook, and
(d) retest the Stage II petrol vapour recovery system to demonstrate compliance as soon as possible using appropriate methods.
(12) Upon the installation of a Stage II petrol vapour recovery system, the owner of the service station shall register with the competent authority and submit an application for a certificate of installation in accordance with Regulation 7.
(13) It shall be the duty of the owner of a service station to inform the competent authority, as soon as is reasonably possible, of any changes to the contact details supplied in a certificate of installation or a certificate of testing, particularly the name and business address of the owner of the service station.
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paragraphs: (1) The petrol vapour capture efficiency of all Stage II petrol vapour recovery systems installed under Regulation 5 shall be equal to or greater than 85% as certified by the manufacturer in accordance with relevant European technical standards or type approval procedures referred to in Article 8 of Directive 2009/126/EC or, if there are no such standards or procedures, with any relevant European Union or national standard.
(2) The vapour/petrol ratio of recovered petrol vapour being transferred to a storage tank at a service station by a Stage II petrol vapour recovery system installed under Regulation 5 shall be equal to or greater than 0,95 but less than or equal to 1,05.
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paragraphs: (1) An application for a certificate of installation in accordance with Regulation 5 shall be—