fuel oil tanks - mccague borlack llpmccagueborlack.com/emails/pdfs/olc_regulatory.pdf · fuel oil...

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P U T T I N G P U B L I C S A F E T Y F I R S T

Fuel Oil Tanks


TSSA is a risk-based, prevention-oriented organization that provides a variety of safety services, including public education; training and certification; engineering design review; and inspection activities.

Who are we?

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Technical Standards & Safety Authority

A private, not-for-profit corporation with a focus on public safety, incorporated on August 30th 1996.

Delegated authority in Ontario from the Ministry of Consumer Services (MCS)


Our services

Engineering (Design) Reviews – TSSA

reviews and registers engineering design

of equipment.

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Our services

Inspection – TSSA inspects facilities and

equipment at time of manufacture, during

installation and periodically during

operation.


Our services

Investigation/Prosecution – TSSA

Investigates incidents, issue directives and

prosecute individuals or companies who

have been charged with contravening

Ontario's Technical Standards and Safety

Act and its associated Regulations.

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Our services

Environmental Services – TSSA ensures

that environmental impacts from petroleum

storage are properly remediated.


Environmental services

Improper storage and handling of fuel in above and underground storage tanks can result in potential environmental impact. In Ontario, it's TSSA's job to ensure that environmental impacts from petroleum storage are properly addressed.

In addition, we have new regulatory programs that promote a healthier environment.

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Environmental Management Protocol

Referenced in both LFHC and FOC Consistent with Ministry of Environment (MOE) regulations and

guidelines. In final stages of being revised to reflect 2011 MOEregulation changes

Provides direction for the reporting, assessment and management of petroleum contamination. Leaks – All leaks must be reported regardless of quantity Spills

o Defines quantities reportable to the TSSA Discovery – i.e: During equipment removal (upgrade\decommission) Tank Removals and Permanent Site Closures Assists in defining jurisdiction between TSSA and MOE


Understanding the Laws

TechnicalStandards & Safety

Act

Ontario Fuel Oil RegulationOntario Regulation for Certification

of Petroleum Equipment Mechanics and for Fuels Industry Certificates

Fuel Oil Code All Manufacturers’ Certified Instructions

for Appliances

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Technical Standards & Safety Act

An inspector:• Provincial Offences Officer

• Monitors & enforces the requirements of the Act

• Investigates incidents and complaints

• Conducts contractor audits

• Field approves equipment

• Site assess variance



Sample inspector’s report:

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Inspector’s instructions: Any person who receives an order concerning

a non-immediate hazard and complies with it or who takes all reasonable efforts to comply with it, is not guilty of an offence related to the original contravention.



Municipal bylaws: This Act, the regulations and a Minister’s order prevail

over any municipal by-law. S.39

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Fuel Oil Regulation – O. Reg. 213/01

Definitions:

• “approved” means

- an appliance, equipment, a component or an accessory that

bears the label or symbol of a designated testing organization

or a label authorized by TSSA

- an installation or work that complies with this Regulation (or

the regulation at the time of installation)


Fuel Oil Regulation

Certification organizations:

• CSA International

• ETL

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Fuel Oil Regulation

Grandfathering:• Unless otherwise specified, equipment installed

in accordance with the predecessor of this

Regulation shall be deemed approved under

this Regulation if the equipment complied with

the predecessor regulation at the time that it

was installed. s.1(3)


Fuel Oil Regulation

Distributor inspections:• No distributor shall supply fuel oil to a container

or tank system unless the distributor is satisfied that the installation and use of the appliance or work comply with the Regulations. s.7

• Distributor inspections shall occur initially and at least once every 10 years or in accordance with a quality assurance program.s.7(1)

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Fuel Oil Regulation

Distributor inspections:• Underground Tank Registration Requirements

- “No person shall supply fuel oil to an

underground tank unless the underground

tank is registered. s.7(4)


Fuel Oil Regulation

Industrial, Institutional or Assembly Buildings:• Appliances are maintained in accordance with

the manufacturer’s maintenance procedures. s.8(1)

• Procedures are evaluated at least once every 10 years

• Inspection is carried out at least once every 10 years

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Fuel Oil Regulation

Unacceptable conditions:• Unapproved equipment

• Deterioration likely to impair safe operation

s.23.


Fuel Oil Regulation

Unacceptable condition:• State of repair, operation or environment likely

to impair safe operation• Does not meet regulation when installed. s.23

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Fuel Oil Regulation


Fuel Oil Regulation

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Fuel Oil Regulation

Unacceptable condition – Immediate hazard:

• Stop supply of fuel

• Oral notice to operator

• Written notice to user

• Forward copy of notice to TSSA

s.23


Fuel Oil Regulation

Red tag:

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Fuel Oil Regulation

Immediate hazard:• Operator cannot use or permit use of

equipment until condition is corrected and

confirmation forwarded to the fuel oil supplier

s.23


Fuel Oil Regulation

Unacceptable condition – No immediate hazard:• Fuel supplier, certificate holder or contractor

must give operator written notice including description of condition with time period for correction (not > 90d)

• Cannot use equipment if not corrected in time period (written notice). s.24.

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Fuel Oil Regulation

Incidents:• Where it appears that carbon monoxide poisoning,

asphyxiation, accidental release, leak, explosion or fire has occurred because of the use, storage or handling of fuel oil, a certificate holder, licence holder, operator, contractor or distributor shall notify an inspector of the occurrence. s.21.


Fuel Oil Regulation

Incidents:• No person shall interfere with the scene of an

occurrence. s.21(2)

• Contact Spills Action Centre 1-800-268-6060

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Fuel Oil Regulation

Summary:• Regulation provides administrative requirements

• governs over installation, and operation of fuel oil

equipment

• equipment must be approved

• installation inspections

• addressing unsafe equipment


Fuel Oil Code Adoption Document

Adopts CSA-B139-ON06

Code Development- Technical Committee made up of volunteers

- Balanced committee

- Consensus decision making

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Fuel Oil Code

Provides minimum requirements for installation of oil burning equipment including supply tanks, piping, pumps, control devices, and integral tanks for combustion engines


Aboveground tanks

• Tanks must be certified and installed in accordance with the manufacturer’s installation instructions. s.3.1.1.

ULC-S602 tanks:

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Tank failures

Corrosion


Other tank failures

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Newer Technologies to Prevent Corrosion Failures



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