New Rules on Storage of Hydrocarbons in Aerial Tanks

Resolution 277/25 of the Secretariat of Energy (SE) was published in the Official Gazette on June 27, 2025, amending the regulation applicable to aerial storage tanks for hydrocarbons and oil derivatives (TAAH). This Resolution repeals Resolution 785/05 of the SE and creates the Federal Registry of Aerial Storage Tanks for Hydrocarbons and Oil Derivatives, whose enforcement authority is the Undersecretariat of Liquid Fuels. 

The Resolution established that the operators compelled to register are: 

1.    holders of a TAAH whose individual storage capacity is greater than or equal to 50m3, 
2.    those who have a total installed storage capacity of the headquarters equal to or greater than 100m3, in which case TAAH with an individual storage capacity equal to or greater than 5 m³, whether they are horizontally or vertically oriented, must be registered,
3.    operators of tanks listed in the Resolution (fuel processors and marketers, holders of hydrocarbon exploration or exploitation permits, petrochemical companies, among others).

This registration must be completed within 30 business days from the date the TAAH becomes operational, through the SE alarm-generating system.

The Resolution suppressed the operators’ obligation to carry out environmental audits. Instead, they must comply with the applicable regulations according to the competent environmental jurisdiction.

Operators of vertical TAAH with an individual storage capacity equal to or greater than 50 m³ must guarantee the integrity of their TAAH and must submit an inspection, maintenance, repair, and/or alteration plan in accordance with the API 653 standard. This plan must be supervised by a professional certified in said standard and must entail the obligation to submit a TAAH technical condition certificate, together with the API inspector's qualification certificate.

Regarding TAAH with a capacity of less than 50 m³ and horizontal TAAH, the operators must ensure and monitor their integrity in accordance with the tanks’ original design specifications.

Operators who, at the time the Resolution comes into effect, have ongoing or scheduled technical inspections of their TAAH have six months to complete those inspections and submit the corresponding report to the Enforcement Authority. After this period, operators must adapt their facilities in accordance with the provisions of the Resolution.

If the TAAH do not have up-to-date technical inspections as required by the frequency established in Resolution SE 785/2005, operators must develop and implement a normalization schedule that includes the necessary inspections and/or repairs to comply with the API Standard 653 for those TAAH with an individual storage capacity equal to or greater than 50 m³. This schedule must be submitted within 30 days of the Resolution's effective date.

If a TAAH de-registers (for example, due to abandonment, disposal or transfer), the operator must notify the competent jurisdictional environmental authority and submit before the Enforcement Authority the corresponding information. 

Finally, the Resolution established rules on incident reporting and administrative sanctions.