Main changes of the new regulation for fuel storage in Costa Rica
By zone_admin | 20 de May de 2022 | Blog
This October, the Regulations for the authorization and registration of stationary tanks for self-consumption of fuels (Decree 42497-MINAE-S ) entered into force, which modifies the necessary requirements to have fuel storage tanks for self-consumption.
The main considerations to take into account regarding this regulation are the following:
- What type of tanks does it apply to?
As its name indicates, this regulation applies only to stationary tanks for self-consumption of fuel. That is, only those that are installed in a fixed site, are filled in the same place and that use is for internal consumption.
Unlike the previous regulations, the duties of this regulation apply to all fixed self-consumption tanks, regardless of their size. Therefore, those people who have self-consumption tanks that did not require authorization due to their size, have the duty to register them with the General Directorate of Fuel Transportation and Marketing (DGTCC) before February 14, 2022.
- What are the requirements to obtain authorization?
To obtain the authorization and registration of a tank, you must fill out the digital form provided by MINAE, accompanied by the following information:
- Image of the Technical Sheet of the tank.
- In the case of a used tank that does not have a technical sheet, a " mechanical integrity study " must be provided that supports the use that will be given to the container. Said study must be carried out by an architect or engineer incorporated into their respective professional association.
- Technical inspection report, with no more than 6 months, carried out by the Fire Department or by a collegiate engineer or architect. Said report must have photographic support and indicate that the tank complies with current legal and technical standards in terms of prevention, human safety and fire protection.
- How long does the procedure take?
The procedure for registration and authorization by the Ministry of Environment and Energy (MINAE) has a maximum term of one month.
Within this period, the DGTCC analyzes the documentation provided and if everything is in order, it will recommend the authorization of the tanks to the MINAE Minister. In the event that the information presented by the applicant does not comply with what is required, the DGTCC must inform the applicant of the inconsistency and grant 10 business days for its correction.
- How long is the MINAE authorization valid for?
The authorization of fuel tanks is valid for 5 years. For its renewal, the digital form and a technical inspection report must be presented again in the same terms as the one required to process the tank permit for the first time.
The operation of a stationary self-consumption tank without the conditions described above, can generate an order to remove the tank, which if not complied with can cause the non-renewal of the sanitary operating permit, the suspension of activities until the situation, and even the opening of sanctioning procedures for contempt of authority.
Despite the fact that this regulation establishes new obligations for smaller self-consumption tanks, the procedure and the requirements are simpler and clearer than those contemplated in the previous regulations. This, together with a digital procedure that will facilitate its supervision and control, constitute efforts by the authorities to simplify the regulatory compliance of companies for the handling of dangerous substances.
