Flammable Liquids Bulk Storage Regulations (C.R.C., c. 1148)

Short Title

1 These Regulations may be cited as the Flammable Liquids Bulk Storage Regulations.

Interpretation

• 2 (1) In these Regulations,

  boil-over

  boil-over is a term used to describe the action that occurs when a hot layer of crude petroleum or similar liquid comes into contact with an underlying layer of a more volatile liquid and causes that liquid to flash into vapour; the expansion produced by the conversion of the entrapped liquid vapour results in a violent surface action; (débordement)

  crude petroleum

  crude petroleum is a flammable liquid with a flash point below 150°F and consisting of an unrefined mixture of natural liquid hydrocarbons as obtained from the earth; (pétrole brut)

  flammable liquid

  flammable liquid means any liquid with a flash point below 175°F, as determined by Tagliabue’s Open Cup Tester, and having a Reid vapour pressure not exceeding 40 psi absolute at 100°F or any liquid with a flash point of 175°F or above when it is heated by artificial means to a temperature not less than its flash point temperature; (liquide inflammable)

  flame arrestor

  flame arrestor is a device consisting of a group of parallel metal plates, tubes, fins or screens or a similar device with a large surface area for heat dissipation, which is designed to prevent the entrance of flame into a storage tank through a vent or similar opening; (pare-flammes)

  flash point

  flash point is the minimum temperature of a flammable liquid in degrees Fahrenheit, as determined by Tagliabue’s Open Cup Tester in accordance with A.S.T.M. Test Method: D-1310-56T at which its vapours will form a flammable mixture with air; (point éclair)

  installation

  installation means an installation of stationary bulk storage facilities for flammable liquids located on the railway right-of-way; (installation)

  main track

  main track is a track extending through yards and between stations where trains are operated by timetable, train order, block signals, or some other approved method of control; (voie principale)

  owning or operating company

  owning or operating company means the person or company owning or operating the installation; (compagnie propriétaire or exploitante)

  private track

  private track is a track outside of the carrier’s right-of-way, yard and terminals reserved exclusively for only one owner or lessee; (voie particulière)

  shall

  shall is used to indicate mandatory provisions; (le futur)

  should

  should is used to indicate recommendatory; (le conditionnel)

  station

  station means any location where passenger trains may stop in accordance with the current railway timetable; (gare)

  team track

  team track or business track is a track on railway right-of-way used by more than one company or person; (voie de desserte industrielle or voie commerciale)

  vapour pressure

  vapour pressure is the ReidFootnote ^* pressure, measured in pounds per square inch absolute (psia) that is exerted by a volatile liquid at a given temperature. (tension de vapeur)

  • Return to footnote  ^*NOTE: Standard Method of Test for Vapour Pressure of Petroleum Products (Reid Method — A.S.T.M. d 323 latest revision.)

• (2) For the purpose of these Regulations, flammable liquids are divided into three classes:

  • (a) Class I flammable liquids includes all flammable liquids, except crude petroleum, having flash points at or below 80°F; this Class also includes Class II flammable liquids when they are heated by artificial means to temperatures not less than their flash point temperatures;

  • (b) Class II flammable liquids includes all flammable liquids, except crude petroleum, having flash points above 80°F but below 175°F; this Class also includes liquids with flash points of 175°F or above when they are heated by artificial means to temperatures not less than their flash point temperatures;

  • (c) Class III flammable liquids includes crude petroleum and any other flammable liquid with similar boil-over characteristics having a flash point below 150°F; and

  • (d) flammable liquids with a Reid vapour pressure of 40 psi or greater at 100°F are classed as compressed gases.

Application

3 These Regulations apply to the stationary bulk storage facilities for flammable liquids located on the right-of-way owned or leased by any railway company subject to the jurisdiction of the Canadian Transport Commission; facilities previously approved by an order of the Commission shall be operated and maintained in accordance with these Regulations and, unless otherwise ordered by the Commission, need not conform to those parts of these Regulations pertaining to location, construction and design.

4 These Regulations do not apply to a “company”, as defined in section 2 of the National Energy Board Act.

PART IStorage Installations

Application of Part

5 This Part does not apply to installations with a total storage capacity not exceeding 3,000 Imperial gallons, if they are located, designed, constructed, operated and maintained in compliance with the requirements of these Regulations.

Application to the Commission

6 Except as provided in section 5, no installation or part thereof shall be constructed until the Commission has authorized such construction by an order. However, where the proposed installation complies with the provisions of these Regulations, approval of the Commission need not be obtained before construction is undertaken but shall be obtained before commencing operations.

• 7 (1) An application to construct an installation shall be submitted through the railway company concerned to the Secretary of the Commission.

• (2) Applications shall be accompanied by four copies of all drawings, prepared in compliance with the requirements of sections 8 to 13.

8 The plan shall be drawn to a minimum scale of one inch to 50 feet and the section to a minimum scale of one inch to 20 feet.

9 All drawings shall be dated, bear an identification number and the name of the applicant. The drawings shall be signed by the Chief Engineer or other official of the applicant company responsible for their preparation.

10 The plan shall show the location of the following:

• (a) any loading or unloading rack or point in relation to

  • (i) the gauge side of the nearest rail of the loading or unloading track,

  • (ii) schools, stations, residential areas, hospitals and other similar places of public assembly within 150 feet of the said loading or unloading rack or point,

  • (iii) all engine houses, railway shops, grain elevators and other similar buildings within 75 feet of  the said loading or unloading rack or point;

• (b) the centre line of the loading or unloading track in relation to

  • (i) the gauge side of the nearest rail of main track, and

  • (ii) the gauge side of the nearest rail of any adjacent track closer than the main track;

• (c) the storage tanks in relation to

  • (i) other storage tanks, pumphouses, warehouses, loading or unloading racks or points, and other structures on the site,

  • (ii) the line of adjoining property,

  • (iii) the gauge side of nearest rail of closest track,

  • (iv) the gauge side of nearest rail of main track,

  • (v) stations, schools, residential buildings, hospitals and other similar buildings of public assembly within the distances prescribed in Table III of Schedule I for such buildings; if none of these buildings is located within the restricted area, a statement to this effect will suffice, and

  • (vi) all engine houses, railway shops, grain elevators or other similar buildings within the distances prescribed in Table III of Schedule I for such buildings; if none of these buildings is located within the restricted area, a statement to this effect will suffice.

• 11 (1) The section shall show the elevation of the installation in relation to the loading, unloading, and main track within 200 feet of the nearest tank on the said installation.

• (2) A second section shall be submitted where it is necessary

  • (a) to show the direction of drainage from the site; or

  • (b) to give a clear picture of major features of the installation.

12 The drawing shall show the location of the railway right-of-way, property fences, dikes, pipelines under roadways or railways, sewers, ditches, watercourses and other similar structures that are located on the installation site.

13 The notes or legend on the drawing shall include the following information:

• (a) evidence that the Provincial Fire Marshal or other local fire authority having jurisdiction in the surrounding area has no objection to the proposed installation; this evidence may take the form of a plan signature by the authority concerned or of a letter addressed to the owning or operating company by such authority;

• (b) a statement that the design and construction of the storage tanks will be in accordance with the requirements of subsection 21(1);

• (c) size, contents and capacity in Imperial gallons of all storage tanks;

• (d) type, size and construction of pumphouse, warehouse and any other building or enclosure on the installation site;

• (e) type and size of motive power to be used for pumping equipment;

• (f) type and size of heating unit if warehouse, office building, or any other enclosure is heated;

• (g) indicate whether the track or tracks serving the installation are team tracks or private tracks; and

• (h) location of installation by reference to the railway, subdivision, mileage and nearest town or city.

13.1 Where the Commission has approved, by Order pursuant to section 6, the construction of an installation or part thereof, a copy of each drawing referred to in subsection 7(2) shall be kept by the railway company for the life of the installation and retained for at least two years thereafter.

PART IIDistances

14 The minimum distances from the loading or unloading track to the main track shall be as designated in Table I of Schedule I. Such distances shall be measured from the centre line of the loading or unloading track at the loading or unloading point to the gauge side of the nearest rail of the main track.

• 15 (1) Except as provided in subsection (2), the minimum distances from the centre line of the loading or unloading rack or terminal to the nearest point of a building or property line, shall be as designated in Table I of Schedule I.

• (2) Notwithstanding subsection (1),

  • (a) the distance between a loading or unloading rack or terminal and any storage tank, building or any other similar structure located on the installation site and used exclusively by the owning or operating company shall not be less than 10 feet; and

  • (b) the minimum distance between a loading or unloading rack or terminal and any building on another installation subject to these Regulations with which it has a common property line shall be waived if the location of the rack or terminal with respect to the common property line complies with the distance requirements of subsection (1).

• (3) The distance between the track side of a loading or unloading rack or terminal and the gauge side of the nearest rail of any track shall not be less than designated in Table II of Schedule I.

• 16 (1) Except as provided in subsections (2) and (3), the minimum distances from the nearest point on a storage tank shell to any track, structure or property line shall be as designated in Table III of Schedule I.

• (2) Notwithstanding subsection (1)  but subject to subsection (4), the distance between storage tanks and other structures located on the installation site and used exclusively by the owning or operating company shall not be less than 10 feet.

• (3) Notwithstanding subsection (1), the requirement for minimum distances between a storage tank and any building on another installation subject to these Regulations with which it has a common property line shall be waived, if the location of the storage tank complies with the distance requirements of Table III of Schedule I with respect to the common property line.

• (4) Notwithstanding subsections (2) and (3), the distance between an above ground storage tank with a capacity of 500 Imperial gallons or less and any building on the installation site which is used exclusively by the company owning or operating the installation shall not be less than one foot, and a distance of not less than five feet shall be maintained between any building opening and the discharge end of storage tank vent pipes and fill pipe openings.

• (5) It is recommended that the distance of any flammable liquid storage tank from the right-of-way boundary of a provincial highway should not be less than the distance prescribed in Table III of Schedule I for a main track and in no case shall this distance be less than that prescribed by the authorities of the province concerned for installations subject to their jurisdiction.

• (6) In no case shall a flammable liquid storage tank be located less than 20 feet from any track.

• (7) Except as provided in subsection (8), no storage tanks containing flammable liquids shall be installed inside or under buildings or on ground that cannot be diked if dikes are required.

• (8) Class II flammable liquid storage tanks not exceeding an aggregate capacity of 500 Imperial gallons may be installed in or under buildings.

• (9) The distance of a storage tank from the fence surrounding the installation shall not be less than five feet.

• (10) Except as provided in subsection (12), flammable liquid storage tanks each with a capacity of 50,000 Imperial gallons or less shall be separated by not less than three feet.

• (11) Except as provided in subsection (12), a flammable liquid storage tank with a capacity exceeding 50,000 Imperial gallons shall be separated from any smaller tank by not less than one-half the diameter of such smaller tank.

• (12) Notwithstanding subsections (10) and (11), the clear distance between crude petroleum storage tanks, or a crude petroleum storage tank and any other flammable liquid storage tank shall not be less than

  • (a) the diameter of the smaller storage tank, when the capacity of the adjacent tank is more than 50,000 Imperial gallons; or

  • (b) one-half the diameter of the smaller storage tank, when the capacity of each tank is 50,000 Imperial gallons or less.

• (13) The clear distance between a storage tank containing a flammable liquid and a storage tank containing a liquefied petroleum gas or other dangerous commodity shall not be less than 20 feet, except that installations with a storage capacity exceeding 150,000 Imperial gallons shall be located not less than 100 feet from the nearest tank containing a liquefied petroleum gas or other dangerous commodity.

• (14) No dike enclosing flammable liquid storage tanks shall include a tank containing a liquefied petroleum gas or other dangerous commodity.

• (15) The distance between any flammable liquid storage tank and the centre line of a dike wall shall not be less than 10 feet.

• (16) An outside storage area containing 50 filled drums or less of flammable liquids shall be located not less than 10 feet from the line of any property that has been or may be built upon.

• (17) An outside storage area containing more than 50, but not more than 100, filled drums of flammable liquids shall be located not less than 25 feet from the line of any property that has been or may be built upon.

• (18) An outside storage area containing more than 100 filled drums of flammable liquids shall be located not less than 50 feet from the line of any property that has been or may be built upon.

• (19) The distance between an outside drum storage area containing more than 10 filled drums and a storage tank, building or any other similar structure on the installation site, used exclusively by the owning or operating company, shall not be less than 10 feet.

• (20) Except as provided in subsection 42(6), flammable liquid drums not exceeding an aggregate capacity of 500 Imperial gallons may be stored in warehouses or other suitable buildings on the installation site.