HUSKY OIL OPERATIONS LIMITED - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-2240
Ministry reference number
SR 2903468
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
August 12, 2020 - September 11, 2020 (30 days) Closed
Last updated

This consultation was open from:
August 12, 2020
to September 11, 2020

Decision summary

The variance has been approved. 

Location details

Site address

514 Victoria St East
Alliston, ON
L9R 1K1
Canada

Site location details

This variance applies to 44 Husky gas stations.  See attached list.

 

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

HUSKY OIL OPERATIONS LIMITED
707 8th Avenue SW
Calgary, AB
T2P 3G7
Canada

Decision details

Husky may extend the upgrade 44 sites with electronic line leak detection: 32 will be upgraded in 2022 and 12 in 2023.  See the attached Excel sheet.

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.

How to Appeal

This instrument decision can be appealed. You have 15 days from September 16, 2020 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)

HUSKY OIL OPERATIONS LIMITED
707 8th Avenue SW
Calgary, AB
T2P 3G7
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
019-2240
Ministry reference number
SR 2903468

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.

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Original proposal

ERO number
019-2240
Ministry reference number
SR 2903468
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

August 12, 2020 - September 11, 2020 (30 days)

Proposal details

Clause 4.5.1.3 of the Liquid Fuels Handling Code (LFHC) 2017 requires that double-wall underground pressure piping systems that were installed prior to January 1, 2006, and approved to certain standards, be upgraded with Electronic Line Leak Detection (ELLD) by October 1, 2021.The double-wall underground pressure piping systems at Husky’s 84 respective sites were installed prior to January 1, 2006.

 

Husky had been in the process of selling all its retail and commercial locations, before the pandemic happened. Due to the pandemic, the sale of Husky’s facilities has been halted, and Husky has incurred a huge financial lost in the first quarter. As a result, Husky is reducing spending. 

 

Husky would like to extend the ELLD installation at all its Ontario sites into a three-year capital project (see more details in the attached list of sites).

 

To provide reasonable safety measures, Husky will ask all petroleum contractors working on Husky sites to visually inspect all tank and dispenser sumps while performing service calls. Husky will also ensure the following:

 

  • annual petroleum mechanic inspections on all sites
  • meter calibration, as required by Weights and Measures Canada (the agency that inspects fuel meters and ensures their accuracy)
  • daily fuel inventory control (FIC) of all fuel inventory, with monthly reviews that must be signed off by district managers and operations managers
    • Husky has an FIC protocol that requires its site operators to report fuel losses that occur for five consecutive days or 18 days in one month; management also reviews the data if it shows a monthly variance of 0.5 per cent
    • FIC is a combination of manual dipping to measure the levels of fuel in the storage tanks and electronic tank gauging using a Veeder Root or similar monitoring system
  • all Veeder Root alarms will be attended to as a “P1” emergencies, which means that Husky will respond to alarms within two hours
  • all sites with a submersible system have both a Veeder Root (or an equivalent monitoring system) and mechanical line leak detection

 

Husky has a total of 84 sites, 40 of which will have the electronic line leak detection upgrade completed by the deadline in 2021. Of the remaining 44 sites, 32 will have the electronic line leak detection upgrade completed in 2022 and 12 in 2023. The variances will be for the sites that will have the electronic line leak detection upgrades completed in 2022 and 2023.

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.

Comment

Commenting is now closed.

This consultation was open from August 12, 2020
to September 11, 2020

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