Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) (SOR/2020-231)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  authorized official

  authorized official means

  • (a) in respect of an operator who is an individual, that individual or another individual who is authorized to act on the operator’s behalf;

  • (b) in respect of an operator that is a corporation, an officer of the corporation who is authorized to act on its behalf; and

  • (c) in respect of an operator that is an entity other than a corporation, an individual who is authorized to act on its behalf. (agent autorisé)

  certified low-leaking valve

  certified low-leaking valve means a valve for which the manufacturer has issued a written warranty, based on the results of testing conducted in accordance with generally accepted engineering practices, that, for a period of five years, no leak of VOCs from the valve will be of a concentration greater than 100 ppmv. (soupape certifiée à faibles fuites)

  certified low-leaking valve packing

  certified low-leaking valve packing means valve packing for which the manufacturer has issued a written warranty, based on the results of testing conducted in accordance with generally accepted engineering practices, that, for a period of five years, no leak of VOCs from the valve will be of a concentration greater than 100 ppmv. (garniture certifiée à faibles fuites)

  control device

  control device means an enclosed combustion device, a vapour recovery system or any other device used to control the release of VOCs into the environment. (dispositif de contrôle)

  drop rate

  drop rate means the average number of drops per minute observed visually over a period of three minutes. (débit en goutte)

  EPA Method 21

  EPA Method 21 means the method of the Environmental Protection Agency of the United States entitled Method 21 — Determination of Volatile Organic Compound Leaks, set out in Appendix A–7 to Title 40, part 60 of the Code of Federal Regulations of the United States. (méthode 21 de l’EPA)

  EPA Method 325A

  EPA Method 325A means the method of the Environmental Protection Agency of the United States entitled Method 325A — Volatile Organic Compounds from Fugitive and Area Sources: Sampler Deployment and VOC Sample Collection, set out in Appendix A to Title 40, part 63 of the Code of Federal Regulations of the United States. (méthode 325A de l’EPA)

  EPA Method 325B

  EPA Method 325B means the method of the Environmental Protection Agency of the United States entitled Method 325B — Volatile Organic Compounds from Fugitive and Area Sources: Sampler Preparation and Analysis, set out in Appendix A to Title 40, part 63 of the Code of Federal Regulations of the United States. (méthode 325B de l’EPA)

  equipment component

  equipment component means any piece of process equipment that comes into contact with a fluid containing 10% or more VOCs by weight, as determined in accordance with ASTM International standard E260, Standard Practice for Packed Column Gas Chromatography, or E169, Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, or with other generally accepted engineering practices. (pièce d’équipement)

  facility

  facility means the buildings, other structures and stationary equipment that are located on a single site or on several sites that are operated in an integrated way. (installation)

  heavy liquid

  heavy liquid means a liquid that has a vapour pressure of less than 1.013 kPa at 20°C. (liquide lourd)

  leak detection instrument

  leak detection instrument means a portable monitoring instrument or an optical gas-imaging instrument. (instrument de détection des fuites)

  light liquid

  light liquid means a liquid that has a vapour pressure equal to or greater than 1.013 kPa at 20°C. (liquide léger)

  liquid petroleum product

  liquid petroleum product means

  • (a) naphtha;

  • (b) gasoline;

  • (c) aviation turbine fuel;

  • (d) kerosene;

  • (e) diesel fuel;

  • (f) light fuel oil;

  • (g) heavy fuel oil;

  • (h) naval distillate, bunker fuel or any other marine fuel;

  • (i) gas oil;

  • (j) lubricant basestock or petroleum-based lubricant;

  • (k) asphalt; or

  • (l) synthetic crude oil. (produit pétrolier liquide)

  minor assembly

  minor assembly means a type of equipment component that is composed of up to 25 other equipment components that are connected together and that each come into contact with the same type of fluid and have a diameter of less than 1.875 cm. (petit assemblage)

  operator

  operator, in respect of a facility, means the person who operates or has the charge, management or control of the facility. (exploitant)

  pipe

  pipe means any pipe, regardless of whether it is rigid or flexible. (conduite)

  ppmv

  ppmv means parts per million by volume. (ppmv)

  repair

  repair, in respect of an equipment component, includes replacement. (réparation)

  sampling tube

  sampling tube means a passive diffusive tube that contains a sorbent used for collecting VOCs. (tube d’échantillonnage)

  volatile organic compound

  volatile organic compound or VOC means a compound that participates in atmospheric photochemical reactions and that is not excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999. (composé organique volatil ou COV)

• Marginal note:Incorporation by reference

  (2) Any document that is incorporated by reference in these Regulations is incorporated as amended from time to time.

Application

Marginal note:Facilities subject to the Regulations

• 2 (1) These Regulations apply in respect of a facility that

  • (a) produces liquid petroleum products by means of the processing, using distillation, of

    • (i) crude oil or bitumen,

    • (ii) mixtures of crude oil or bitumen and other hydrocarbon compounds, or

    • (iii) partially refined feedstock derived from crude oil or bitumen; or

  • (b) produces petrochemical products and is operated in an integrated way with a facility referred to in paragraph (a) that is adjacent to it and with which it has at least one operator in common.

• Marginal note:Facilities considered adjacent

  (2) For greater certainty, facilities that are separated by a railway track or a road are considered to be adjacent facilities.

Leak Detection and Repair Requirements

Marginal note:Leak detection and repair program

• 3 (1) The operator of a facility must establish and maintain a leak detection and repair program to control the release of volatile organic compounds from equipment components at the facility.

• Marginal note:Requirements

  (2) For the purpose of subsection (1), the operator must

  • (a) establish and keep up to date an inventory of equipment components that meets the requirements set out in section 4;

  • (b) operate, maintain and calibrate leak detection instruments that are used in the detection of leaks of volatile organic compounds, in accordance with section 5;

  • (c) carry out inspections of equipment components that are listed in the inventory, in accordance with section 6;

  • (d) ensure that inspections referred to in paragraphs 6(1)(b) and (2)(b), subsection 8(4) and paragraph 8(10)(b) are carried out by an individual who has received the training described in subsection 7(1);

  • (e) repair leaking equipment components in accordance with section 8; and

  • (f) keep records in accordance with sections 9 and 10.

Marginal note:Equipment components to be listed in inventory

• 4 (1) Every equipment component, other than the following ones, must be listed in the inventory:

  • (a) equipment components that are normally operated at an internal pressure that is at least 5 kPa below ambient pressure;

  • (b) equipment components that are located underground;

  • (c) seal-less pumps, including canned-motor pumps and diaphragm pumps;

  • (d) bellows seal valves;

  • (e) diaphragm valves;

  • (f) storage vessels;

  • (g) oil-water separators; and

  • (h) equipment components of which a minor assembly is composed, if the minor assembly is listed in the inventory.

• Marginal note:Information for each equipment component

  (2) The inventory of equipment components must contain all of the following information in respect of each component that is listed in the inventory:

  • (a) its identification number;

  • (b) its type from the list set out in Schedule 1;

  • (c) the process unit in which it is located;

  • (d) its location within the process unit; and

  • (e) the designation “unsafe to inspect” if an authorized official determines that the component cannot be inspected without exposing any individual to immediate danger.

• Marginal note:Before 2027 — difficult to inspect

  (3) Before 2027, the inventory of equipment components must, for each equipment component that is a distance of more than two metres above a permanent support surface, include the designation “difficult to inspect”.

• Marginal note:Updating inventory

  (4) The inventory of equipment components must be updated only once in each calendar year, before the first inspection carried out in that year under subsection 6(1) or (2).

Marginal note:Portable monitoring instruments

• 5 (1) A portable monitoring instrument must meet all of the following requirements:

  • (a) it must meet the specifications set out in sections 6.0 to 6.6 of EPA Method 21, except that the nominal sample flow rate must be 0.2 to 1.2 litres per minute, rather than the nominal sample flow rate set out in section 6.4 of that Method;

  • (b) it must be maintained in accordance with the manufacturer’s specifications for that instrument, if any;

  • (c) it must, before it is first used on any day, be calibrated in accordance with sections 7.0 to 8.2, 10.0 and 10.1 of EPA Method 21, with the following modifications, namely,

    • (i) the response factor referred to in section 8.1.1 of EPA Method 21 must be determined using methane (for a flame ionization detector) or isobutylene (for a photoionization detector) as the reference compound and, if the response factor of the fluid with which an equipment component comes into contact is determined to be less than one, it must not be applied to the reading resulting from an inspection of that component,

    • (ii) the calibration precision test referred to in section 8.1.2 of EPA Method 21 must be performed before the instrument is first used on any day,

    • (iii) the response time test referred to in section 8.1.3 of EPA Method 21 must be performed before the instrument is first used on any day,

    • (iv) the instrument response time set out in section 8.1.3.2 of EPA Method 21 must be less than or equal to five seconds, and

    • (v) the calibration described in section 10.1 of EPA Method 21 must be completed by assigning the instrument’s internal detector count to the known concentration of the calibration gas rather than by adjusting the instrument meter readout to correspond to the known concentration of the calibration gas;

  • (d) for the purpose of measuring the concentration of VOCs, it must be operated in accordance with sections 8.3 to 8.3.1.8 of EPA Method 21; and

  • (e) it must undergo a calibration drift assessment at the end of each day on which it is used, in accordance with the requirements set out in section 60.485a(b)(2) of Title 40, subpart VVa of the Code of Federal Regulations of the United States.

• Marginal note:Optical gas-imaging instruments

  (2) An optical gas-imaging instrument must meet the following requirements:

  • (a) it must meet the specifications set out in section 60.18(h)(7)(i)(1) of Title 40, subpart A of the Code of Federal Regulations of the United States;

  • (b) it must be operated and maintained in accordance with the manufacturer’s specifications for that instrument, if any;

  • (c) it must, before it is first used on any day, be checked in accordance with sections 60.18(h)(7)(i)(2)(i) to (v) of Title 40, subpart A of the Code of Federal Regulations of the United States; and

  • (d) when used to inspect an equipment component of which the instrument has no direct view, including when the component is covered with insulation, the instrument must be operated so that images can be seen at locations where VOCs that are leaking from the component may be present, such as openings in the insulation and locations where the insulation ends.

• Marginal note:Detection sensitivity level

  (3) For the purpose of paragraphs (2)(a) and (c), the required detection sensitivity level is 60 grams per hour.

Marginal note:Inspection — equipment components

• 6 (1) Subject to subsections (2) and (3), all equipment components at a facility that are listed in its inventory must be inspected for leaks three times per calendar year. Each inspection of an equipment component must be carried out in one of the following manners at least one month, but not more than six months, after the most recent inspection of that equipment component under this subsection:

  • (a) visually, if the component is a heavy-liquid component; and

  • (b) using a leak detection instrument that meets the requirements of subsection 5(1) or (2), as applicable, if the component is not a heavy-liquid component.

• Marginal note:Before 2027 — difficult to inspect

  (2) Subject to subsection (3), before 2027, all equipment components at a facility that are designated in its inventory under subsection 4(3) as “difficult to inspect” must be inspected for leaks once per calendar year. Each inspection of an equipment component must be carried out in one of the following manners, at least three months after the most recent inspection of that equipment component under this subsection:

  • (a) visually, if the component is a heavy-liquid component; and

  • (b) using a leak detection instrument that meets the requirements of subsection 5(1) or (2), as applicable, if the component is not a heavy-liquid component.

• Marginal note:Exception

  (3) The following components are exempt from the inspections required by subsections (1) and (2):

  • (a) a pump that has a dual mechanical seal system with a barrier fluid system and that meets the following requirements, namely,

    • (i) the dual mechanical seal system is

      • (A) operated with a barrier fluid system in which the fluid is at all times at a pressure that is greater than the stuffing box pressure,

      • (B) equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a process gas system, a fuel gas system or a control device, or

      • (C) equipped with a system that purges the barrier fluid into a process gas system and prevents the release of any VOCs into the environment,

    • (ii) the barrier fluid contains less than 10% VOCs by weight, as determined in accordance with ASTM International standard E260, Standard Practice for Packed Column Gas Chromatography, or E169, Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, or with other generally accepted engineering practices, and

    • (iii) the barrier fluid system is equipped with a sensor that is intended to detect any failure of the system; and

  • (b) a component that is designated in the inventory under paragraph 4(2)(e) as “unsafe to inspect”.

• Marginal note:Pumps — sensor check

  (4) The sensor referred to in subparagraph (3)(a)(iii) must be checked daily to determine whether there has been a failure of the barrier fluid system, unless the sensor is equipped with an audible alarm for the purpose of indicating such a failure or a mechanism that shuts down the pump in the event of such a failure.

• Marginal note:Pumps — visual inspection

  (5) Pumps that are listed in the inventory must also be inspected visually for leaks once per week.