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PART 1Onshore Upstream Oil and Gas Facilities (continued)

Conditional Requirements (continued)

Leak Detection and Repair Program (continued)

Marginal note:Period for repair

  •  (1) A leak from an equipment component that is detected, whether as a result of an inspection or otherwise, must be repaired

    • (a) if the repair can be carried out while the equipment component is operating, within 30 days after the day on which it was detected; and

    • (b) in any other case, within the period before the end of the next planned shutdown unless that period is extended under section 33.

  • Marginal note:Next planned shutdown

    (2) The next planned shutdown must be scheduled not later than the date on which the estimated volume of hydrocarbon gas, expressed in standard m3, that, beginning from the day on which the leak is detected, would if no repairs are made be emitted from the leaking equipment component in question and from all other equipment components that are also leaking as of that day is equal to the volume of hydrocarbon gas, expressed in standard m3, that would be emitted due to purging of hydrocarbon gas from equipment components in order to carry out the repair.

  • Marginal note:Repair

    (3) A leak in an equipment component is considered to be repaired if the release is determined to consist of less than 500 ppmv of hydrocarbons based on an inspection of the equipment component by means of an eligible portable monitoring instrument in accordance with EPA Method 21 that is capable of measuring hydrocarbon concentrations in ppmv.

Marginal note:Extension up to six months for repair

  •  (1) An operator for an upstream oil and gas facility that must repair an equipment component on or before the end of a period referred to in paragraph 32(1)(b) may, not later than 45 days before the end of the period, apply to the Minister to extend the period for up to six months.

  • Marginal note:Granting of extension

    (2) The Minister must grant the application and extend the period for up to six months if the application contains the information set out in Schedule 1 and

    • (a) documents that establish that, as of the making of the application, there are reasonable grounds to conclude that it is not technically feasible to complete the repair of the equipment component before the end of the next planned shutdown;

    • (b) documents that establish that the applicant has a plan to repair the equipment component that sets out

      • (i) the expected date for the completion of the repair,

      • (ii) the steps to be taken to ensure completion of the repair on or before that date,

      • (iii) a justification, with supporting documents, for the belief that that date is the earliest feasible date to complete the repair, and

      • (iv) measures to be taken to minimize, if not eliminate, any harmful effect on the environment or human health from the emission of hydrocarbon gas before the completion of the repair; and

    • (c) a statement that the implementation of the plan is to begin within 30 days after the day on which the extension is granted.

  • Marginal note:Renewal

    (3) The period granted under subsection (2) may be further extended by application made under subsection (1). At most two applications for a further extension may be made.

  • Marginal note:Refusal of application

    (4) The Minister must refuse the application if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in the application.

Marginal note:Revocation of extension

  •  (1) The Minister must revoke the extension granted under subsection 33(2) if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in their application for the extension.

  • Marginal note:Conditions for revocation

    (2) The Minister must not revoke the extension unless the Minister has provided the applicant with

    • (a) written reasons for the proposed revocation; and

    • (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.

Alternative LDAR Programs

Marginal note:Requirements for alternative program

  •  (1) The alternative leak detection and repair program must include measures respecting

    • (a) the inspection for leaks;

    • (b) the operation, maintenance and calibration of leak detection instruments, if applicable; and

    • (c) the repair of leaks detected.

  • Marginal note:Reversion to regulatory program

    (2) An operator for a facility that has not made a demonstration required by paragraph 29(1)(b) must establish and carry out a regulatory leak detection and repair program.

Records

Marginal note:Regulatory LDAR programs

  •  (1) A record, with supporting documents, must be made of the following information related to the carrying out of a regulatory leak detection and repair program:

    • (a) for each calibration of an eligible leak detection instrument,

      • (i) the dates of the calibration,

      • (ii) the result of each calibration drift assessment, and

      • (iii) the name, job title, if any, and address of the individual who carried out the calibration;

    • (b) for each inspection of an equipment component,

      • (i) the date of the inspection, along with the name of the individual who conducted it,

      • (ii) the type of equipment component,

      • (iii) the location of the equipment component within the facility or the Global Positioning System (GPS) coordinates, to five decimal places, of the equipment component,

      • (iv) the type of leak detection instrument used to conduct the inspection, including, if any, its make and model,

      • (v) in the case that an optical gas-imaging instrument referred to in subparagraph 31(1)(b)(i) was used to conduct the inspection, the images recorded with an embedded indication of the date and time when they were recorded, along with the location of the place where they were recorded within the facility or the GPS coordinates, to five decimal places, of the place, and

      • (vi) in the case that an inspection resulted in the detection of a leak, an indication of the means, among those set out in subsection 31(1), by which the leak was detected and, in the case of a leak detected by a means set out in paragraph 31(1)(b), an indication as to whether the release was determined in accordance with subsection 31(2) to consist of less than 500 ppmv and, if so, the date of that determination, the name of the person who made that determination — and if that person is a corporation, the name of the individual who made it — and its result, expressed in ppmv, along with the make and model, if any, of the instrument used to make that determination;

    • (c) for each leak detected by means of a method set out in paragraph 31(1)(b) that was not as a result of an inspection,

      • (i) an indication of whether the method was auditory, olfactory or visual,

      • (ii) the date on which the leak was detected, along with the name of the individual who detected it,

      • (iii) the type of equipment component,

      • (iv) the location of the equipment component within the facility or its GPS coordinates, to five decimal places, and

      • (v) an indication as to whether the release was determined in accordance with subsection 31(2) to consist of less than 500 ppmv and, if so, the date of that determination, the name of the person who made that determination — and if that person is a corporation, the name of the individual who made it — and its result, expressed in ppmv, along with the make and model, if any, of the instrument used to make that determination;

    • (d) for each individual who conducted an inspection and who received training in the operation and maintenance or in the calibration of leak detection instruments,

      • (i) their name, along with the name and business address of their employer, if their employer is not the operator,

      • (ii) the name and business address of the entity that provided the training, along with the name and job title of the individuals who provided it,

      • (iii) the dates on which the training was provided and, for each of those dates, the number of hours of training, and

      • (iv) a description of the training;

    • (e) for each repair of a leak from an equipment component,

      • (i) a description of the steps that were taken to repair the leak, along with the dates on which those steps were taken, and

      • (ii) the result, expressed in ppmv, obtained following an inspection by means of an eligible portable monitoring system in accordance with EPA Method 21, along with the date on which that result was obtained; and

    • (f) for each repair that was not carried out within 30 days after the detection of the leak:

      • (i) an indication as to why the equipment component could not be repaired while it was operating, and

      • (ii) if applicable, the date determined in accordance with subsection 32(2), along with the information and calculation on which that determination was based.

  • Marginal note:Alternative LDAR programs

    (2) A record, with supporting documents, must be made of the following information related to the carrying out of an alternative leak detection and repair program:

    • (a) the date on which each inspection was conducted and, if applicable, the name of the person who conducted it;

    • (b) the type of equipment component that was inspected, along with its location within the facility or its GPS coordinates, to five decimal places;

    • (c) a description as to the means by which the leak was identified;

    • (d) if applicable, for each leak detection instrument used, a description of the operation, maintenance and calibration measures in relation to that instrument, along with the dates of its maintenance and calibrations and the names of the persons who carried out the maintenance and calibrations;

    • (e) for each repair of a leak from an equipment component,

      • (i) a description of the steps that were taken to repair the leak, along with the dates on which those steps were taken, and

      • (ii) the result obtained after the repair following an inspection, along with a description of the means by which that inspection was conducted, its date and, if applicable, the name of the person who conducted it; and

    • (f) the demonstrations referred to in paragraph 29(1)(b).

  • Marginal note:Document-keeping

    (3) A copy of each recommendation of the manufacturer for the operation and maintenance, if any, of each eligible leak detection instrument that is used must be kept.

 
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