NORTHROUTE FUELS INC - Approval for variance from the Liquid Fuels Handling Code

Instrument type: Approval for variance from the Liquid Fuels Handling Code

ERO number
019-5384
Ministry reference number
WO 8104140
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
April 14, 2022 - May 14, 2022 (30 days) Closed
Last updated

This consultation was open from:
April 14, 2022
to May 14, 2022

Decision summary

The variance is approved

Location details

Site address

2390 RIVERSIDE DR
TIMMINS, ON
P4R 1M9
Canada

Site location details

Remotely monitored gas station

Proponent(s)

NORTHROUTE FUELS INC
4425 CHESSWOOD DR,
TORONTO, ON
M3J 2C2
Canada

Decision details

NORTHROUTE FUELS INC may use:

  1. Unapproved fuel dispensing modules.
  2. Fill pipes located inside a cabinet on the tank structure. 

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 19, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)


Proponent(s)

NORTHROUTE FUELS INC
4425 CHESSWOOD DR,
TORONTO, ON
M3J 2C2
Canada


Appellate body

The Registrar
Divisional Court (Toronto Region)
130 Queen Street West
Osgoode Hall - Room 174
Toronto 
M5H 2N5 
Phone: (416) 327-5100 
Fax: (416) 327-5549


Include the following:

ERO number
019-5384
Ministry reference number
WO 8104140

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

Connect with us

Contact

Marek Kulik

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-5384
Ministry reference number
WO 8104140
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

April 14, 2022 - May 14, 2022 (30 days)

Proposal details

Liquid Fuels Handling Code (LFHC) Requirements that Would Not be Met:

1.3.1 Equipment installed at a facility or on a highway tank shall be approved and installed in accordance with the requirements of this Code and the manufacturer’s instructions, and shall be appropriate for the service for which it is intended.

4.2.2.3 Storage tanks installed indoors for Class II and Class III products shall have the fill point located outside the building, and the fill point shall be:

(a) at least 0.5 m above the top of the tank;

(b) equipped with a tight-fitting cap;

(c) equipped with an approved overfill protection device, or there shall be an

approved overfill procedure (see Appendix F); and

(d) a minimum of 0.5 m below the highest level of the emergency or normal vent.

Why the Code Would Not be Met

Northroute Fuels gas station is intended for remote locations. It has a unique design (“gas station in a container”), and it’s unmanned, so the equipment needs to be protected from unauthorized use and vandalism.

1. The approved dispenser is not protected from unauthorized use and vandalism. Northroute’s unapproved dispenser meets the same safety requirements as the approved dispenser and is also protected by a metal enclosure and door that’s accessible to authorized users only.

2. Northroute requires its fill points to be protected from unauthorized use and vandalism. Northroute cannot protect its fill points if the pipes are exposed outside. As a solution, Northroute’s fill pipes are inside of a metal enclosure that has cabinets built-in to protect the fill points.

Safety Assessment

  1. In support of Northroute’s request, the company has submitted a letter, signed by Dave Ledingham, P.Eng, who concludes that Northroute’s dispensing modules are constructed in conformance with the requirements of  “B346-1980M Power-Operated Dispensing Devices for Flammable Liquids”..

 

  1. The cabinets inside the metal enclosure that protect the fill points are sealed so that vapours cannot migrate into the card reader room. In addition, a tight fill connection prevents vapours from escaping into the cabinet.

TSSA assesses that there is likely to be no environmental impact should these variances be granted.

TSSA has approved similar variances in the past (i.e., SR 1632026).

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from April 14, 2022
to May 14, 2022

Connect with us

Contact

Marek Kulik

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number