Interpretation

Marginal note:Definitions

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

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  ASTM

  ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM)

  authorized official

  authorized official means

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

  • (b) in respect of an operator that is an entity other than a corporation, an individual who is authorized to act on its behalf; and

  • (c) in respect of an operator who is an individual, that individual or another individual who is authorized to act on their behalf.

  It includes a person who has been designated in writing as a delegate to an officer or individual referred to in paragraph (a), (b) or (c), as the case may be, as well as a person who has been appointed to a position in replacement of such a person. (agent autorisé)

  design specifications

  design specifications means documents and records relating to any equipment, instrument or monitoring device that establish how the equipment, instrument or monitoring device must be manufactured, constructed, used or maintained to achieve its intended function and level of performance, including technical data, engineering drawings, standards, material specifications, manufacturer specifications, commissioning checklists, data sheets, manuals and standard operating procedures. (spécifications de conception)

  emissions control equipment

  emissions control equipment means any type of equipment – including a vapour control system, temporary vapour control system, internal floating roof or external floating roof or pressure-vacuum vent, as well as alternative emissions control equipment referred to in section 80 – that is used to limit VOC emissions from tanks and loading racks. (équipement de contrôle des émissions)

  existing tank

  existing tank means a tank that is in service on or before the day on which these Regulations come into force. (réservoir existant)

  existing loading rack

  existing loading rack means a loading rack that is in service on or before the day on which these Regulations come into force. (rampe de chargement existante)

  existing vapour control system

  existing vapour control system means a vapour control system that is under construction or in service at the facility on or before the day on which these Regulations come into force. (système de contrôle des vapeurs existant)

  external floating roof

  external floating roof means a floating roof that is installed in a tank without a fixed roof such that the upper surface of the floating roof is exposed to atmospheric conditions. (toit flottant externe)

  facility

  facility means any buildings, other structures and stationary equipment that are used in the storage or loading of volatile petroleum liquid and located on a single property or on several properties that have at least one operator in common, are connected by piping that transfers volatile petroleum liquid and are separated by a property boundary to property boundary distance of no more than 2 km. (installation)

  fenceline monitoring program

  fenceline monitoring program means,

  • (a) a standard, modified or alternative fenceline monitoring program that meets the requirements of the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector);

  • (b) a fenceline monitoring program in accordance with section 60 of the Petrochemical - Industry Standard issued under Ontario Regulation 419/05 (Air Pollution – Local Air Quality); or

  • (c) a fenceline monitoring program that meets all the requirements of the following methods published by the United States Environmental Protection Agency:  

    • (i) Method 325A — Volatile Organic Compounds from Fugitive and Area Sources: Sampler Deployment and VOC Sample Collection, except that the sampling period may range between 13 and 15 days, and

    • (ii) Method 325B — Volatile Organic Compounds from Fugitive and Area Sources: Sampler Preparation and Analysis, except that all samples must be analyzed for benzene. (programme de surveillance du périmètre)

  fixed roof

  fixed roof means a roof that is permanently attached to a tank. (toit fixe)

  fixed roof tank

  fixed roof tank means a tank that is equipped with a fixed roof but is not equipped with an internal floating roof. (réservoir à toit fixe)

  flare

  flare means any type of combustion device without an enclosed combustion chamber, including a burn pit designed to burn liquids or mixtures of gases and liquids. (torchère)

  floating roof

  floating roof means a structure that floats on the surface of a liquid and whose purpose is to limit vapour loss of that liquid to the environment. (toit flottant)

  gasoline

  gasoline means

  • (a) a fuel that is sold or represented as gasoline with a benzene concentration of less than or equal to 1.5% by volume; or

  • (b) a petroleum distillate, or a mixture of petroleum distillates, oxygenates or additives, that is suitable for use in a spark ignition engine and has the following characteristics, as determined using the applicable test method listed in the National Standard of Canada standard CAN/CGSB-3.5-2021 entitled Automotive gasoline:

    • (i) a vapour pressure of at least 35 kPa,

    • (ii) an antiknock index of at least 80,

    • (iii) a distillation temperature at which 10% of the fuel has evaporated of not less than 35°C and not greater than 70°C,

    • (iv) a distillation temperature at which 50% of the fuel has evaporated of not less than 60°C and not greater than 120°C, and

    • (v) a benzene concentration of less than or equal to 1.5% by volume. (essence)

  guide pole

  guide pole means a structure that is placed in a tank equipped with a floating roof for the purpose of preventing the floating roof from rotating within the tank or for the purpose of monitoring or sampling the liquid inside the tank. (poteau de guidage)

  high benzene loading rack

  high benzene loading rack means a loading rack that is designated under paragraph 13(a) or used to load a volatile petroleum liquid with a benzene concentration greater than 20% by weight. (rampe de chargement de liquide à haute concentration en benzène)

  high benzene tank

  high benzene tank means a tank that is designated under paragraph 12(a) or contains a volatile petroleum liquid with a benzene concentration greater than 20% by weight. (réservoir de liquide à haute concentration en benzène)

  inerted tank

  inerted tank means a tank that opens to the atmosphere only through a pressure-vacuum vent and that is supplied with a non-hydrocarbon inert gas such that the atmosphere inside the tank contains insufficient oxygen to support combustion. (réservoir inerté)

  internal floating roof

  internal floating roof means a floating roof that is installed in a tank with a fixed roof such that the upper surface of the floating roof is protected from atmospheric conditions. (toit flottant interne)

  liquid

  liquid means any type of liquid, including volatile petroleum liquid. (liquide)

  liquid leak

  liquid leak means a leak for which three drops of liquid per minute or more form at the source as measured from the average number of drops per minute observed visually over a period of three minutes. (fuite de liquide)

  loading

  loading means any transfer of a liquid into a vehicle tank or from a vehicle tank into a fixed roof tank. (chargement)

  loading factor

  loading factor means a numerical value that represents the level of VOC emissions from a loading rack. (facteur de chargement)

  loading rack

  loading rack means all of the stationary equipment used for loading liquids, including structures, loading arms, pumps, piping and instrumentation. (rampe de chargement)

  lower explosive limit

  lower explosive limit or LEL means the lowest concentration of a combustible vapour in the air that may ignite at a given temperature and pressure. (limite inférieure d’explosivité ou LIE)

  lower explosive limit percentage

  lower explosive limit percentage or LEL% means the ratio of the observed concentration of a combustible vapour to the LEL of that vapour, expressed as a percentage. (pourcentage de la limite inférieure d’explosivité ou pourcentage LIE)

  occupied building

  occupied building means a structure located outside of a facility’s property boundary that is used as a residence, workplace, place of education, medical establishment, childcare establishment or social or community centre, including a mobile home or portable building, but does not include

  • (a) other mobile structures such as a tent, trailer or houseboat;

  • (b) structures in which persons are present for less than one hour per day; or

  • (c) structures whose initial construction began after the day on which these Regulations first applied to the facility. (bâtiment occupé)

  operator

  operator, in respect of a facility, means

  • (a) if there is one person who operates, has charge of, manages or controls the facility, that person;

  • (b) if there is more than one person who operates, has charge of, manages or controls the facility, the person who, under a written agreement between all those persons, is designated to be the operator; and

  • (c) if the persons referred to in paragraphs (a) and (b) cannot be identified, the owner of the facility. (exploitant)

  petroleum

  petroleum means

  • (a) naturally occurring hydrocarbons, such as natural gas, natural gas condensate, crude oil or bitumen;

  • (b) hydrocarbon derivatives of the substances referred to in paragraph (a), such as fuels, lubricating oils, petrochemicals or asphalt;

  • (c) coal tar and coal tar distillates; or

  • (d) synthetic or semi-synthetic analogues of the substances referred to in paragraphs (a) to (c). (pétrole)

  petroleum processing equipment

  petroleum processing equipment means equipment that is used to physically or chemically separate, transform or modify petroleum, including a distillation column, reactor or coker, but does not include equipment used only for storing, handling or blending petroleum, such as a tank, loading rack, pump or pipeline. (équipement de traitement du pétrole)

  population centre

  population centre means a population centre — as defined by Statistics Canada in its publication entitled Dictionary, Census of Population, 2021 — with a population greater than 20,000. (centre de population)

  pressure-vacuum vent

  pressure-vacuum vent means a device that permits the flow of gas to or from the environment in the event of excess pressure or vacuum inside a fixed roof tank.(évent à pression-dépression)

  primary seal

  primary seal means, as the case may be,

  • (a) on a floating roof that has two or more rim seals, the rim seal that is mounted closest to the surface of the liquid; or

  • (b) on a tank that has only one rim seal, that rim seal. (joint primaire)

  qualified professional

  qualified professional means a scientist or technologist who specializes in an applied science or technology applicable to their duty or function, such as engineering, engineering technology or chemistry. (professionnel qualifié)

  scheduled maintenance

  scheduled maintenance means maintenance of equipment that is scheduled to be performed on or before a date known to the operator of a facility in order to

  • (a) comply with the design specifications of the equipment;

  • (b) adhere to a schedule or project plan established by the operator in respect of the equipment; or

  • (c) ensure that the equipment complies with a regulatory requirement. (entretien prévu)

  secondary seal

  secondary seal means any rim seal mounted above the primary seal on a floating roof that has two or more rim seals. (joint secondaire)

  standard m³

  standard m³, in respect of the volume of a fluid, means cubic metres, when the fluid’s volume is measured at a temperature of 15°C and an absolute pressure of 101.325 kPa. (m³ normalisé)

  switch loading

  switch loading means the loading of a liquid that is not a volatile petroleum liquid into a vehicle tank that previously contained a volatile petroleum liquid without, before the liquid is loaded, the vapours in the vehicle tank being purged to a vapour control system or the vehicle tank being washed with a liquid that is not a volatile petroleum liquid. (chargement en alternance)

  tank

  tank means a tank, vessel, reservoir or container that is used to contain liquids, regardless of its shape or material of construction, but does not include

  • (a) a vessel that operates under pressure or as part of a closed system such that there are no expected releases to the environment while the vessel is operating under normal operating conditions, including when it is being filled or emptied and when ambient conditions are changing; or

  • (b) a cavern, underground porous rock reservoir or geological formation where liquids are stored under pressure. (réservoir)

  temporary vapour control system

  temporary vapour control system means a vapour recovery system or vapour destruction system designed for temporary or mobile use. (système temporaire de contrôle des vapeurs)

  vapour

  vapour means any vapour or gas containing VOCs, including vapour arising from volatile petroleum liquid. (vapeur)

  vapour balancing system

  vapour balancing system means a vapour control system that conveys vapours displaced during loading operations from the receiving tank to the source tank and prevents them from being released to the environment. (système de retour en boucle des vapeurs)

  vapour control system

  vapour control system means a system that is designed to capture all vapours emitted from tanks or during loading operations and prevent them from being released to the environment. (système de contrôle des vapeurs)

  vapour destruction system

  vapour destruction system means a vapour control system that destroys vapours by combustion, thermal oxidation or other means, including systems in which vapours are combusted to produce useful heat or energy and systems in which vapours are combusted for the sole purpose of preventing their release to the environment. (système de destruction des vapeurs)

  vapour leak

  vapour leak means any release of vapour other than a release for which the concentration of VOCs at the source is determined, using a portable monitoring instrument, to be less than

  • (a) 10 000 parts per million by volume, if the release is detected on or before December 31, 2026; or

  • (b) 1000 parts per million by volume, if the release is detected after December 31, 2026. (fuite de vapeur)

  vapour pressure

  vapour pressure means the absolute partial pressure exerted on the walls of a vessel containing a liquid by the gas molecules above that liquid, when the liquid and its vapour are in equilibrium. (pression de vapeur)

  vapour recovery system

  vapour recovery system means a vapour control system that captures vapours for a use other than their immediate use to produce heat or energy at a facility, including a non-regenerative system that retains the vapours in a solid or liquid medium. (système de récupération des vapeurs)

  vehicle

  vehicle means a machine that is designed to be mobile, including a truck, railcar, ship, transport barge or trailer but is not designed or has not been modified to serve for the purposes of the permanent stationary storage of liquids. (véhicule)

  vehicle tank

  vehicle tank means a tank attached to or integrated into a vehicle, other than a tank that is exclusively used to supply fuel to the vehicle’s engine. (réservoir de véhicule)

  vehicle-to-vehicle loading

  vehicle-to-vehicle loading means the loading of volatile petroleum liquids directly from one vehicle tank to another without the use of a loading rack. (chargement de véhicule à véhicule)

  volatile organic compound

  volatile organic compound or VOC means a compound that participates in atmospheric photochemical reactions that is not excluded under item 60 of Part 2 of Schedule 1 to the Act. (composé organique volatil ou COV)

  volatile petroleum liquid

  volatile petroleum liquid means petroleum, or a mixture that contains petroleum, that

  • (a) exists as a liquid at a temperature of 20°C and an absolute pressure of 101.325 kPa;

  • (b) contains 10% or more volatile organic compounds by weight;

  • (c) has a vapour pressure greater than 10 kPa or, if the benzene concentration is greater than 2% by weight, 3.5 kPa; and

  • (d) is not a mixture of petroleum and ethanol that contains less than 10% petroleum by weight. (liquide pétrolier volatil)

• Marginal note:Incorporation by reference

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

• Marginal note:Inconsistencies with these Regulations

  (3) In the event of an inconsistency between a provision in a document incorporated by reference into these Regulations and any provision of these Regulations, the provision of these Regulations prevails to the extent of the inconsistency.

Application

Marginal note:Application — facilities

• 2 (1) Subject to subsection (2), these Regulations apply to any facility that meets any of the following conditions:

  • (a) the sum of the internal volume of all tanks at the facility that are used to store volatile petroleum liquids is greater than or equal to 500 m³;

  • (b) the total volume of volatile petroleum liquid loaded at the facility exceeds 4000 standard m³ in a calendar year;

  • (c) at least one tank at the facility has an internal volume greater than or equal to 5 m³ and is used to store a volatile petroleum liquid with a benzene concentration greater than 20% by weight; or

  • (d) at least one tank at the facility has an internal volume greater than or equal to or greater than 100 m³and is used to store a volatile petroleum liquid with a vapour pressure greater than 76 kPa.

• Marginal note:Exceptions

  (2) These Regulations do not apply to the following facilities:

  • (a) facilities where volatile petroleum liquids are stored or loaded exclusively for the purposes of retail fuel sales at the facilities;

  • (b) facilities that extract petroleum from an underground geological deposit or reservoir;

  • (c) facilities that perform primary processing of petroleum after its extraction from an underground geological deposit or reservoir to

    • (i) remove water, carbon dioxide, sulphur compounds or contaminants from the petroleum, or

    • (ii) separate the petroleum into gaseous and liquid streams;

  • (d) facilities that store or load petroleum before it undergoes primary processing at a facility referred to in paragraph (c);

  • (e) facilities that separate a petroleum feed into its individual components or fractions, if at least 90% by weight of the petroleum feed entering the facility exists as a vapour at a temperature of 20°C and an absolute pressure of 101.325 kPa;

  • (f) offshore facilities that are located more than three nautical miles from shore;

  • (g) facilities whose property boundary is located more than 100 km from any population centre, if

    • (i) the loading racks at the facility are never used to load volatile petroleum liquids with a benzene concentration greater than 2% by weight,

    • (ii) the sum of the internal volume of all tanks at the facility that are used to store volatile petroleum liquids is less than 10 000 m³,

    • (iii) the total volume of volatile petroleum liquid loaded at the facility does not exceed 30 000 standard m³ in a calendar year, and

    • (iv) the total volume of volatile petroleum liquids loaded at the facility does not exceed 2000 standard m³ in a day;

  • (h) facilities where each tank used to store volatile petroleum liquids and each loading rack used to load volatile petroleum liquids is located more than 300 m from any occupied building, if

    • (i) the tanks at the facility are never used to store, and the loading racks at the facility are never used to load, volatile petroleum liquids with a vapour pressure greater than 76 kPa or a benzene concentration greater than 2% by weight,

    • (ii) the sum of the internal volume of all tanks at the facility that are used to store volatile petroleum liquids is less than 2000 m³,

    • (iii) the total volume of volatile petroleum liquid loaded at the facility does not exceed 25 000 standard m³ in a calendar year, and

    • (iv) the total volume of volatile petroleum liquid loaded at the facility does not exceed 500 standard m³ in a day; and

  • (i) facilities where each tank used to store volatile petroleum liquids and each loading rack used to load volatile petroleum liquids is located more than 60 m from any occupied building, if

    • (i) the tanks at the facility are never used to store, and the loading racks at the facility are never used to load, volatile petroleum liquids with a vapour pressure greater than 76 kPa or a benzene concentration greater than 2% by weight,

    • (ii) the sum of the internal volume of all tanks at the facility that are used to store volatile petroleum liquids is less than 2000 m³,

    • (iii) the total volume of volatile petroleum liquid loaded at the facility does not exceed 20 000 standard m³ in a calendar year,

    • (iv) the total volume of volatile petroleum liquid loaded at the facility does not exceed 500 standard m³ in a day, and

    • (v) the volatile petroleum liquids are stored at the facility in either fixed roof tanks that are each less than 5 m in diameter and 150 m³ in volume or underground tanks of any size.

Marginal note:Upgrading facilities — application

3 For greater certainty, these Regulations apply to facilities that engage in the upgrading — by means involving distillation — of crude oil or bitumen, or of crude oil or bitumen that has been blended with other hydrocarbon compounds.

Marginal note:Distance of occupied building

• 4 (1) For the purposes of these Regulations, the distance between a tank or loading rack and an occupied building is the shortest distance between any part of the tank or loading rack that could be a source of VOC emissions and the perimeter of the occupied building.

• Marginal note:Distance from population centre

  (2) For the purposes of these Regulations, the distance between a facility and a population center is the shortest distance between the property boundary of the facility and the boundary of the population centre.

Marginal note:Non-application — equipment

• 5 (1) These Regulations apply to all tanks and loading racks at a facility other than

  • (a) tanks with an internal volume of less than 5 m³;

  • (b) tanks with an internal volume of less than 50 m³ that are never used to store gasoline or volatile petroleum liquids with a vapour pressure greater than 76 kPa or a benzene concentration greater than 2% by weight.

  • (c) tanks that are attached to or integrated into a vehicle; and

  • (d) tanks and loading racks that are subject to the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) and are equipped with a vapour control system that meets the requirements of those Regulations or, if those Regulations do not apply as a result of an agreement made under subsection 10(3) of the Act, a vapour control system that meets the requirements of the provisions referred to in that agreement.

• Marginal note:Volume excluded

  (2) If a tank or loading rack is exempted under subsection (1), the internal volume of the tank, or the volume of volatile petroleum liquid loaded with the loading rack, is not to be taken into account when determining, under subsection 2(1), whether these Regulations apply to the facility.

General Provisions

Identification of Equipment and Instruments

Marginal note:Identifier of equipment

• 6 (1) The operator of a facility must ensure that all tanks, loading racks and emissions control equipment at the facility are assigned identifiers.

• Marginal note:Marking on equipment

  (2) The operator must ensure that the identifiers are

  • (a) marked on the tanks, loading racks and, if accessible to the operator, emissions control equipment;

  • (b) recorded in asset management tools or electronic programs that are used to track inventory and maintenance of equipment; and

  • (c) indicated on a site plan such that all tanks, loading racks and emissions control equipment can be identified at any time.

• Marginal note:Identifier and marking of instruments

  (3) The operator must ensure that each instrument used for the purposes of these Regulations is marked with an identifier.

Service Status

Marginal note:Tank

• 7 (1) A tank is

  • (a) considered to be in service during any period in which it is used to store a volatile petroleum liquid;

  • (b) considered to be not in service during any period in which it is not used to store a volatile petroleum liquid and, if it was previously in service, if it meets one of the conditions set out in subsection (2); and

  • (c) considered to be not in service if the tank was emptied of all volatile petroleum liquids before the day on which these Regulations come into force and has not been used to store volatile petroleum liquids since it was emptied.

• Marginal note:Tank — not in service

  (2) A tank that was previously in service is considered to be not in service if

  • (a) the interior of the tank has been cleaned to remove all volatile petroleum liquid, any sludge and any solid petroleum materials and the value of the LEL% inside the tank is less than 10 in the absence of mechanical ventilation; or

  • (b) a liquid other than a volatile petroleum liquid has been introduced into the tank and

    • (i) testing of the liquid inside the tank indicates that it is not a volatile petroleum liquid, and

    • (ii) the value of the LEL% inside the tank is less than 10 in the absence of mechanical ventilation.

Marginal note:Loading rack

8 A loading rack is

• (a) considered to be in service during any period in which it is used to load a volatile petroleum liquid or is used for switch loading; and

• (b) considered to be not in service during any period in which it is not used to load any volatile petroleum liquid and is not used for switch loading.

Marginal note:Vapour control system

9 A vapour control system is

• (a) considered to be in service beginning on the day on which it is first used at a facility; and

• (b) considered to be not in service during any period in which its operation is interrupted in accordance with subsection 56(2).

Marginal note:Intermittent service tanks

• 10 (1) Subject to subsection (2), an operator may use up to three tanks at a single facility as intermittent service tanks. However, none of those tanks may be in service for more than 300 hours per calendar year.

• Marginal note:Exceptions

  (2) The operator must not use a high benzene tank, or a tank designated as a high volatility liquid tank under paragraph 12(b), as an intermittent service tank.

• Marginal note:Analysis — variation in properties

  (3) For the purposes of subsection (1), if the properties of the liquid contained in a tank vary such that the liquid is considered to be a volatile petroleum liquid at certain times, the operator must ensure that a statistical or engineering analysis is conducted to demonstrate that the tank will be in service for 300 hours or less per calendar year.

• Marginal note:Exempt from requirements

  (4) A tank that is used as an intermittent service tank is exempt from the requirements set out in sections 39 and 40.

Marginal note:Surge tanks

• 11 (1) Subject to subsection (2), an operator may use a tank as a surge tank if it is used only for the temporary storage of liquids transferred from a pipeline or petroleum processing equipment under abnormal operating conditions.

• Marginal note:Exception

  (2) The operator must not use a high benzene tank as a surge tank.

• Marginal note:Liquids

  (3) The operator must remove any liquid transferred into a tank that is used as a surge tank as soon after the transfer as the circumstances permit.

• Marginal note:Exempt from requirements

  (4) A tank that is used as a surge tank is exempt from the requirements set out in sections 39 and 40.

Designation

Marginal note:Tanks

12 The operator of a facility must designate each tank that is in service at the facility as belonging to one of the following categories:

• (a) high benzene tank, in which case the tank may contain any volatile petroleum liquid;

• (b) high volatility liquid tank, in which case the tank may only contain a volatile petroleum liquid whose benzene concentration does not exceed 20% by weight;

• (c) volatile petroleum liquid tank, in which case the tank may only contain a volatile petroleum liquid whose vapour pressure does not exceed 76 kPa and benzene concentration does not exceed 20% by weight; or

• (d) small volatile petroleum liquid tank, in which case the tank

  • (i) must have an internal volume of less than 150 m³ or, if the tank is in the form of a vertically oriented cylinder capable of accommodating a floating roof, an internal diameter of less than 5 m, and

  • (ii) may only contain a volatile petroleum liquid whose vapour pressure does not exceed 76 kPa and benzene concentration does not exceed 20% by weight.

Marginal note:Loading racks

13 The operator of a facility must designate each loading rack that is used at the facility to load volatile petroleum liquids as belonging to one of the following categories:

• (a) high benzene loading rack, in which case the loading rack may be used to load any volatile petroleum liquid;

• (b) volatile petroleum liquid loading rack, in which case the loading rack may only be used to load a volatile petroleum liquid whose benzene concentration does not exceed 20% by weight;

• (c) low throughput loading rack, in which case the loading rack may only be used to load a volatile petroleum liquid if the benzene concentration does not exceed 20% by weight and if either

  • (i) the loading rack and any fixed roof tank that receives volatile petroleum liquid from the loading rack are located more than 300 m from any occupied building and the following loading factors do not exceed 1:

    • (A) the total loading factor of the facility, and

    • (B) the maximum daily loading factor of the facility, or

  • (ii) the loading rack is located more than 50 km from any population centre and more than 1.5 km from any occupied building and the following loading factors do not exceed 2:

    • (A) the total loading factor of the facility and

    • (B) the maximum daily loading factor of the facility, or

  • (iii) the loading factor of the loading rack does not exceed 0.04; or

• (d) remote loading rack, in which case the loading rack may only be used to load a volatile petroleum liquid if the vapour pressure of that liquid does not exceed 76 kPa, the benzene concentration of that liquid does not exceed 0.5% by weight and the loading rack is located more than 50 km from any population centre and more than 1.5 km from any occupied building.

Marginal note:Designation process

14 An operator must designate the category of a tank or loading rack by recording the designation in the inventory established under section 108 and indicating the category in the records maintained under section 110 or 112, as applicable.

Internal Volume of Tank

Marginal note:Internal volume

• 15 (1) The internal volume of a tank is the sum of the volumes of each space inside the tank that may be occupied by a volatile petroleum liquid.

• Marginal note:Connected tanks

  (2) Two or more tanks connected by a shared space or piping through which vapour may flow and that is not kept closed or isolated under normal operating conditions are considered to be a single tank with an internal volume equal to the sum of the internal volumes of the tanks and the internal volume of the shared space or piping.

• Marginal note:Tank with separate compartments

  (3) If a compartment of a tank is sealed to prevent entry of vapour and liquid from elsewhere in the tank, that compartment is considered to be a separate tank with a separate internal volume.

• Marginal note:Floating roof or variable internal volume

  (4) The internal volume of a tank that is equipped with an internal floating roof or external floating roof or that has a variable internal volume must be calculated at the highest design liquid fill level of the tank.

Loading

Marginal note:Loading factors

• 16 (1) The loading factor, the total loading factor and the maximum daily loading factor of a facility must be calculated in accordance with Schedule 1.

• Marginal note:Exceptional event

  (2) If an authorized official determines that the volume of volatile petroleum liquids loaded with a loading rack was increased temporarily due to an exceptional event that was not the result of scheduled maintenance that is under the control of the operator and determines that the operator minimized the duration and increase in volume loaded during the event to the extent possible, the calculation of the loading factor may be modified in accordance with item 1(c)(iv) of Schedule 1.

Marginal note:Vehicle-to-vehicle loading

• 17 (1) The operator of a facility must reduce the frequency of vehicle-to-vehicle loading at the facility to a minimum.

• Marginal note:Safe location

  (2) The operator must ensure that vehicle-to-vehicle loading is performed in a safe location as far away as possible from occupied buildings.

Sampling and Testing

Operator Responsibility

Marginal note:Requirements

18 The operator must ensure that sampling and testing conducted for the purposes of these Regulations are conducted in accordance with sections 19 to 29.

Properties of Liquids

Marginal note:Immiscible phases

• 19 (1) For the purposes of these Regulations, VOC concentration, vapour pressure or benzene concentration of a liquid with multiple immiscible phases is the highest value of the VOC concentration, vapour pressure or benzene concentration of any single immiscible phase of the liquid.

• Marginal note:Samples

  (2) If it is impossible to determine the value referred to in subsection (1), one of the following samples must be used:

  • (a) if an immiscible phase is not present in a large enough quantity to form a separate layer from another more abundant phase, a well-mixed sample of both phases together; or

  • (b) if an immiscible phase forms a stable emulsion in another phase and a sample of the pure phase cannot be obtained, a sample of the emulsion.

Marginal note:Gasoline

20 For the purposes of these Regulations, all gasoline is considered to have a VOC concentration of 100% by weight, a vapour pressure of 65 kPa and a benzene concentration of 1% by weight.

Methods for Sampling Liquids

Marginal note:Sampling method included

• 21 (1) If the applicable test methods referred to in sections 23 to 25 or an accepted alternative test method includes methods for sampling liquids, an operator must use one of those sampling methods.

• Marginal note:Sampling method not included

  (2) If the applicable test methods referred to in sections 23 to 25 or an accepted alternative test method do not include a method for sampling liquids, the sampling of liquids must be performed in accordance with one of the following sampling methods:

  • (a) the method set out in the standard ASTM D3700–21, entitled Standard Practice for Obtaining LPG Samples Using a Floating Piston Cylinder;

  • (b) the method set out in the standard ASTM D8009–22, entitled Standard Practice for Manual Piston Cylinder Sampling for Volatile Crude Oils, Condensates, and Liquid Petroleum Products; or

  • (c) the method set out in standard ASTM D4057–22, entitled Standard Practice for Manual Sampling of Petroleum and Petroleum Products.

• Marginal note:Crude oil and other

  (3) Despite subsection (2), the sampling of crude oil, natural gas condensate and other naturally occurring petroleum and the sampling of other liquids that are known or suspected to contain hydrocarbon components that exist as a vapour under ambient conditions must be performed in accordance with the method referred to in paragraph (2)(a).

• Marginal note:Insufficient pressure

  (4) Despite subsections (2) and (3), if the pressure at the sampling point is insufficient to permit sample collection, the sampling must be performed in accordance with the method referred to in paragraph (2)(b).

• Marginal note:Liquid too viscous

  (5) Despite subsections (2), (3) and (4), if the liquid is too viscous to permit sample collection, the sampling must be performed in accordance with the method referred to in paragraph (2)(c).

• Marginal note:Sample containers

  (6) Sample containers must remain sealed after the sample is collected and may be opened only for testing in accordance with the applicable testing method.

Marginal note:Qualified professional

22 All sampling must be performed by one of the following persons:

• (a) a qualified professional;

• (b) a person supervised by a qualified professional; or

• (c) a person who has, not more than 12 months before the first time that they perform sampling, received training on the relevant sampling methods for the purposes of these Regulations from a qualified professional.

Test Methods

Marginal note:Vapour pressure

• 23 (1) The vapour pressure of a liquid must be determined in accordance with one of the following test methods:

  • (a) the method ASTM D2879–23, entitled Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope; or

  • (b) the method ASTM D6377–20, entitled Standard Test Method for Determination of Vapor Pressure of Crude Oil: VPCRx (Expansion Method).

• Marginal note:Limitation

  (2) The test method referred to in paragraph (1)(a) may be used only to measure the vapour pressure of a liquid that consists of a single chemical species or of a single chemical species with an amount of impurities that is acceptable for general commercial trade.

• Marginal note:Vapour-liquid ratio

  (3) A vapour-liquid ratio of 4:1 must be used to determine the vapour pressure of a liquid in accordance with the test method referred to in paragraph (1)(b).

• Marginal note:Temperature

  (4) The following temperatures must be used to determine the vapour pressure of a liquid in accordance with one of the test methods referred to in subsection (1):

  • (a) if the liquid is at ambient temperature, 20°C; and

  • (b) if the liquid is artificially heated or cooled, the highest monthly average operating temperature observed during the preceding 12 months.

Marginal note:Benzene concentration

24 The benzene concentration of a liquid must be determined in accordance with one of the following test methods:

• (a) the method ASTM D3606–24a, entitled Standard Test Method for Determination of Benzene and Toluene in Spark Ignition Fuels by Gas Chromatography;

• (b) the method ASTM D4367–22, entitled Standard Test Method for Benzene in Hydrocarbon Solvents by Gas Chromatography;

• (c) the method ASTM D5134–21, entitled Standard Test Method for Detailed Analysis of Petroleum Naphthas through n-Nonane by Capillary Gas Chromatography;

• (d) the method ASTM D5580–21, entitled Standard Test Method for Determination of Benzene, Toluene, Ethylbenzene, p/m-Xylene, o-Xylene, C9 and Heavier Aromatics, and Total Aromatics in Finished Gasoline by Gas Chromatography;

• (e) the method ASTM D5769–22, entitled Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry;

• (f) the method ASTM D6229–06, entitled Standard Test Method for Trace Benzene in Hydrocarbon Solvents by Capillary Gas Chromatography;

• (g) the method ASTM D7504–23, entitled Standard Test Method for Trace Impurities in Monocyclic Aromatic Hydrocarbons by Gas Chromatography and Effective Carbon Number; or

• (h) the method National Standard of Canada CAN/CGSB-3.0 No. 14.3-2022, entitled Methods of testing petroleum and associated products: Standard test method for the identification of components in automotive gasoline using gas chromatography.

Marginal note:VOC concentrations — liquids

• 25 (1) Subject to subsection (2), the VOC concentration of a liquid must be determined in accordance with one of the following test methods:

  • (a) the method set out in the standard ASTM E169–16, entitled Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis; or

  • (b) the method set out in the standard ASTM E260–96, entitled Standard Practice for Packed Column Gas Chromatography.

• Marginal note:Oil-water mixture

  (2) If the liquid is an oil-water mixture, its VOC concentration may be determined by any method that conforms to generally accepted engineering practices, including a method that involves the use of physical simulation or the application of standards or supplier specifications.

Marginal note:VOC concentrations — vapour

• 26 (1) An instrument used to determine the presence of VOCs in vapour form, including for the purpose of detecting vapour leaks, must be of one of the following types:

  • (a) a portable monitoring instrument that meets the requirements set out in subsection 5(1) of the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector);

  • (b) an optical gas-imaging instrument that meets the requirements set out in subsections 5(2) and (3) of those Regulations; or

  • (c) a combustible gas detector that uses a catalytic bead sensor and meets the requirements set out in section 28 of these Regulations.

• Marginal note:Instruments — LEL%

  (2) An instrument used to determine an LEL% must be of the type referred to in paragraph (1)(a) or (c).

• Marginal note:Instruments — emission of gas or vapour

  (3) An instrument used to determine whether a release of a vapour is a vapour leak must be of the type referred to in paragraph (1)(a).

• Marginal note:Equivalent VOC concentration

  (4) If an LEL% is calculated from a measurement obtained with a portable monitoring instrument that produces a result in units of volume concentration, a VOC concentration of 140 parts per million by volume is considered to equal an LEL% of 1.

Marginal note:Instruments – use and calibration

27 Any instrument referred to in these Regulations must be used and calibrated in accordance with its design specifications.

Marginal note:Combustible gas detector — requirements

• 28 (1) A combustible gas detector that uses a catalytic bead sensor must meet the following requirements:

  • (a) each day before it is used, it must be calibrated in accordance with its design specifications using output correction factors, if necessary, and a calibration gas that are appropriate for the expected vapour composition;

  • (b) it must produce an output directly as an LEL%;

  • (c) it must have an output range that spans an LEL% of at least 1 to 100; and

  • (d) it must have an output accuracy that is within plus or minus 5% of a reading or plus or minus LEL% of 2, whichever value is greater, when used with the expected vapour composition.

• Marginal note:Combustible gas detector — environment

  (2) A combustible gas detector that uses a catalytic bead sensor must not be used in the following environments:

  • (a) an atmosphere that contains less than 10% oxygen by volume;

  • (b) an atmosphere that contains substances that are likely to poison the catalyst; or

  • (c) any other environment in which, according to the design specifications of the combustible gas detector, the detector may not provide an accurate output.

Marginal note:Qualified professional

29 All testing required under sections 23 to 25 must be performed by one of the following persons:

• (a) a qualified professional;

• (b) a person supervised by a qualified professional; or

• (c) a person who has, not more than 12 months before the first time that they perform testing, received training from a qualified professional on the testing methods that are relevant for the purposes of these Regulations.

Alternative Test Methods

Marginal note:Application to the Minister

• 30 (1) An operator may apply to the Minister to use an alternative test method to those required under sections 23 to 25 for one of the following purposes:

  • (a) to test a substance with properties that fall outside the scope of applicability of the required test methods;

  • (b) to perform automated or continuous testing that cannot be accomplished using any of the required test methods; or

  • (c) to achieve accuracy or precision that is superior to that of one of the required test methods.

• Marginal note:Conditions

  (2) The alternative test method must

  • (a) measure the same physical properties as one of the test methods required under sections 23 to 25; and

  • (b) for all cases in which it would be used, be equivalent or superior to, including in precision and accuracy, one of the test methods required under sections 23 to 25.

• Marginal note:Equivalency

  (3) For the purposes of paragraph (2)(b), the operator must determine the equivalency of the alternative test method in accordance with one of the following test methods:

  • (a) the method set out in the standard ASTM D3764–23, entitled Standard Practice for Validation of the Performance of Process Stream Analyzer Systems; or

  • (b) the method set out in the standard ASTM D6708–24, entitled Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material.

• Marginal note:Time limit

  (4) The application must be submitted at least 60 days before the day on which the alternative test method is to be used.

• Marginal note:Contents of application

  (5) The application must contain the information referred to in Schedule 2 and may be submitted in respect of more than one of the operator’s facilities.

• Marginal note:Clarifications or additional information

  (6) The Minister may, on receiving the application, require that the applicant provide any clarifications or additional information that is necessary for the Minister to consider the application.

Marginal note:Acceptance of alternative test method

• 31 (1) If the Minister determines that the alternative test method meets the conditions set out in subsection 30(2), the Minister may accept the use of the alternative test method and must notify the applicant in writing of the decision, of any conditions of use of the method and of the situations in which the use of the method is permitted.

• Marginal note:Use of method

  (2) The applicant may begin using the alternative test method only after receipt of the notice of acceptance from the Minister.

• Marginal note:Records

  (3) An operator whose application to use an alternative test method has been accepted must maintain all records and supporting documents relating to the application.

• Marginal note:Rejection of application

  (4) The Minister must reject the application and must notify the applicant of that decision if

  • (a) the Minister determines that the alternative test method does not meet the conditions set out in subsection 30(2); or

  • (b) the information required under subsection 30(5) has not been provided or is insufficient to enable the Minister to consider the application.

Marginal note:Publication of accepted alternative methods

• 32 (1) The Minister may publish a list of accepted alternative test methods, including the conditions of use of the methods and the situations in which their use is permitted.

• Marginal note:Use of accepted alternative test method

  (2) An operator may use an accepted alternative test method that is on the list published under subsection (1) and, if they do so, they must maintain records and any supporting documents that demonstrate that the conditions for the use of the accepted alternative test method have been met.

VOC Emissions Control

Emissions Control Equipment

Marginal note:Emissions control equipment

• 33 (1) The operator of a facility must ensure that any tank at the facility that must be designated under section 12 and any loading rack at the facility that must be designated under section 13 is equipped with emissions control equipment in accordance with the requirements set out in sections 38 to 42, as applicable.

• Marginal note:Compliance

  (2) The operator must ensure that the emissions control equipment meets the requirements with respect to design and operation set out in sections 50 to 79 and the requirements with respect to inspection, testing and repair set out in sections 86 to 106, as applicable.

• Marginal note:Internal floating roof

  (3) Despite subsection (2), if a tank designated under section 12 is equipped with a vapour control system and an internal floating roof, the operator is not required to ensure that the internal floating roof meets the applicable requirements referred to in subsection (2).

Marginal note:Not in service

• 34 (1) Despite subsections 33(1) and (2), during a period when a tank or loading rack is not in service, sections 38 to 42 and 50 to 79 do not apply to that tank or loading rack.

• Marginal note:Delay or omissions of inspections or tests

  (2) During a period when a tank or loading rack is not in service, an operator may delay or omit the inspections referred to in sections 86 and 91, subsection 93(1) and sections 94 to 96 and 104, the tests referred to in sections 87 to 89 and the measurement referred to in section 97 until 30 days after the tank or loading rack is returned to service.

• Marginal note:Repairs

  (3) Despite any repair timelines established in sections 100, 101, 105 and 106, an operator must repair defects that are present when the tank or loading rack is not in service before the tank or loading rack is returned to service.

Marginal note:Required training

35 The operator of a facility must ensure that the emissions control equipment at the facility is operated, maintained, inspected and repaired only by a person who has, not more than 12 months before the first time that they operate, maintain, inspect or repair the emissions control equipment, received training on

• (a) the safe operation, maintenance and calibration of the emissions control equipment and, if applicable, leak detection instruments; and

• (b) the applicable requirements of these Regulations.

Marginal note:Flare

36 The operator of a facility may use a flare as a vapour control system only if it meets one of the following conditions:

• (a) the flare is in service at the facility before the day on which these Regulations come into force, or under construction on that day, and is used to control emissions from a tank that is not a high benzene tank or loading rack that is not a high benzene loading rack; or

• (b) the flare is used only for limited periods to receive excess vapours when flowrates exceed the capacity of the primary vapour control system or the primary vapour control system is inoperative.

Tanks

Marginal note:Emissions control equipment

37 The operator of a facility must ensure that each tank at the facility is designed, operated and maintained in a manner that allows for the effective operation of the emissions control equipment that is installed on that tank.

Marginal note:Vapour control system

38 Subject to section 44, the operator of a facility must ensure that each tank at the facility that is a high benzene tank or is designated as a high volatility liquid tank under paragraph 12(b) is equipped with a vapour recovery system or vapour destruction system.

Marginal note:Volatile petroleum liquid tank

39 The operator of a facility must ensure that each tank at the facility that is designated as a volatile petroleum liquid tank under paragraph 12(c) is equipped with at least one of the following:

• (a) a vapour recovery system;

• (b) a vapour destruction system;

• (c) an internal floating roof; or

• (d) an external floating roof.

Marginal note:Small volatile petroleum liquid tank

40 The operator of a facility must ensure that each tank at the facility that is designated as a small volatile petroleum liquid tank under paragraph 12(d) is equipped with at least one of the following:

• (a) a vapour recovery system;

• (b) a vapour destruction system;

• (c) an internal floating roof;

• (d) an external floating roof; or

• (e) a pressure-vacuum vent.

Marginal note:Position of liquid inlet

41 An operator must ensure that the liquid inlet of a tank designated under section 12 is positioned such that liquid enters the tank no more than 15 cm above the bottom of the tank unless

• (a) the tank is equipped with a vapour control system;

• (b) the liquid level in the tank always remains above the inlet during normal operation; or

• (c) the tank is an existing tank.

Loading Racks

Marginal note:Vapour control systems

42 The operator of a facility must ensure that each loading rack at the facility that is a high benzene loading rack or is designated as a volatile petroleum liquid loading rack under paragraph 13(b) is equipped with one of the following vapour control systems:

• (a) a vapour recovery system, a vapour destruction system or a vapour balancing system, in the case of a loading rack at a facility where all volatile petroleum liquids loaded, are fuels that are stored either in fixed roof tanks that each have an internal volume of less than 150 m³ or, if the tanks are in the form of a vertically oriented cylinder capable of accommodating a floating roof, an internal diameter of less than 5 m, or in underground tanks of any size;

• (b) a vapour recovery system, in the case of a loading rack that is used to load gasoline to trucks at a facility where more than 250 000 standard m³ per year of gasoline is loaded per calendar year and that was not equipped with an existing vapour destruction system on the day on which these Regulations came into force; and

• (c) a vapour recovery system or vapour destruction system, in any other case.

Temporary Vapour Control System

Marginal note:Temporary vapour control system

• 43 (1) An operator may use a temporary vapour control system on a tank or loading rack instead of the emissions control equipment required under section 38, 39, 40 or 42, as the case may be, during the following time periods:

  • (a) if the requirements set out in those sections do not, under sections 135 and 136, apply to the tank or the loading rack on the day on which these Regulations come into force, or if the tank or loading rack has been designated as a deferred application tank or loading rack under section 125, a period not exceeding one year beginning on the day on which section 38, 39, 40 or 42 begins to apply to the tank or loading rack;

  • (b) if the emissions control equipment requires scheduled maintenance or is to be replaced, a period not exceeding 180 days;

  • (c) if a defect of the emissions control equipment is detected and the temporary vapour control system is used under paragraph 90(1)(b) or 101(2)(b), a period not exceeding one year;

  • (d) if a defect of the emissions control equipment is detected and the temporary vapour control system is used under paragraph 100(1)(b), for the repair period referred to in that paragraph; and

  • (e) in the case of a tank, the period during which the tank’s interior is being cleaned or the tank is being emptied until the tank is no longer in service.

• Marginal note:Indefinite period of time

  (2) If the requirements of subsection 53(2) and section 57 are met with respect to the temporary vapour control system, the operator may use it for an indefinite period instead of the applicable period referred to in any of paragraphs (1)(a) to (d).

• The following provision is not in force.

  Marginal note:Obligation to use

  (3) An operator must use a temporary vapour control system during the following periods:

  • The following provision is not in force.

    (a) the period during which any of the activities referred to in paragraphs 49(1)(a) to (c) are being carried out, if the high benzene tank in question has not been equipped with a vapour control system or its vapour control system is inoperable;

  • The following provision is not in force.

    (b) the period during which a vapour control system that is being used to control emissions from a high benzene tank is inoperable due to scheduled maintenance; and

  • The following provision is not in force.

    (c) the period during which a vapour control system that is being used to control emissions from a high benzene loading rack is inoperable and that loading rack is being used to load a volatile petroleum liquid with a benzene concentration greater than 20% by weight.

High Benzene Tanks

Existing High Benzene Tanks

Marginal note:Use of floating roof

• 44 (1) Subject to subsections (2) and (3), the operator of a facility may continue to use an internal floating roof or external floating roof instead of a vapour control system to control VOC emissions from any existing high benzene tank at the facility that contained a liquid with a benzene concentration greater than 20% by weight on the day on which these Regulations come into force or during the period of one year that precedes that day if

  • (a) the tank is located more than 300 m from any occupied building;

  • (b) the tank is equipped with an internal floating roof or external floating roof that was installed before the day on which these Regulations come into force and that is free from the defects referred to in paragraphs 100(5)(d) and 101(1)(a); and

  • (c) the operator of the facility has established a fenceline monitoring program at the facility, the benzene concentration measured at every sampling location of the fenceline monitoring program is less than or equal to the values set out in subsection 45(1) and the arithmetic average of the benzene concentration measured at every sampling location of the fenceline monitoring program in respect of that facility is less than or equal to the applicable value set out in subsection 45(2).

• Marginal note:External floating roof — non-application

  (2) Subsection (1) ceases to apply in respect of existing high benzene tanks equipped with external floating roofs on the seventh anniversary of the day on which these Regulations come into force.

• Marginal note:Interim Order

  (3) Subsection (1) does not apply in respect of existing high benzene tanks located at a facility that was subject to the Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario, made by the Minister on May 16, 2024 and published in Part 1 of the Canada Gazette on May 21, 2024.

Marginal note:Fenceline monitoring program

• 45 (1) For the purposes of paragraph 44(1)(c), the benzene concentrations measured in at least 24 of the 26 most recent sampling periods must be less than or equal to the following values:

  • (a) in the case of a sampling period that ends before the first anniversary of the day on which these Regulations come into force, 19 μg/m³;

  • (b) in the case of a sampling period that ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 17 µg/m³;

  • (c) in the case of a sampling period that ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 15 µg/m³; and

  • (d) in the case of a sampling period that ends on or after the third anniversary of the day on which these Regulations come into force, 13 µg/m³.

• Marginal note:Arithmetic average

  (2) For the purposes of paragraph 44(1)(c), the arithmetic average of the benzene concentrations measured for the 26 most recent sampling periods must be less than or equal to the following values:

  • (a) if the most recent sampling period ends before the first anniversary of the day on which these Regulations come into force, 6.5 µg/m³;

  • (b) if the most recent sampling period ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 5.5 µg/m³;

  • (c) if the most recent sampling period ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 4.5 µg/m³; and

  • (d) if the most recent sampling period ends on or after the third anniversary of the day on which these Regulations come into force, 3.5 µg/m³.

• Marginal note:Excluded data

  (3) For the purposes of paragraph 44(1)(c), the operator must exclude data collected during

  • (a) sampling periods that ended before the ones for which data is included in the report submitted to the Minister under subsection 47(2);

  • (b) sampling periods that ended before the day on which the operator equipped an existing high benzene tank at the facility with a vapour control system in accordance with section 38 and the first two sampling periods that ended after that day, if the arithmetic average of the benzene concentrations measured at every sampling location of the fenceline monitoring program in respect of that facility for the third to the eighth sampling periods that ended after that day was less than or equal to the following values:

    • (i) if the eighth sampling period ends before the first anniversary of the day on which these Regulations come into force, 6.5 µg/m³;

    • (ii) if the eighth sampling period ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 5.5 µg/m³;

    • (iii) if the eighth sampling period ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 4.5 µg/m³; and

    • (iv) if the eighth sampling period ends on or after the third anniversary of the day on which these Regulations come into force, 3.5 µg/m³; and

  • (c) sampling periods that the Minister indicated under subsection 48(2) must be excluded.

• Marginal note:Excluded data — arithmetic average

  (4) When calculating the arithmetic average referred to in subsection (2), if the operator excludes data under subsection (3), the benzene concentration measured for each excluded sampling period at every sampling location must be replaced by the applicable value set out in paragraphs (2)(a) to (d) for the year in which the most recent included sampling period ended.

• Marginal note:Concentration less than limit

  (5) For the purposes of subsections (1) and (2) and section 47, if the benzene concentration in a sample is less than the method detection limit, the method detection limit is considered to be the value of the benzene concentration in the sample.

Marginal note:Conditions not met

• 46 (1) If a condition set out in paragraph 44(1)(a) or (b) is no longer met with respect to an existing high benzene tank at a facility, the operator of the facility must ensure that that tank meets the requirements of section 38 within one year after the day on which the condition was no longer met.

• Marginal note:Reduce number of tanks

  (2) If the conditions set out in paragraph 44(1)(c) are no longer met with respect to a facility, the operator of the facility must reduce by one the number of existing high benzene tanks at the facility for which an internal floating roof or external floating roof is used instead of a vapour control system, within one year after the day on which the condition was no longer met.

• Marginal note:Reduction of two additional tanks

  (3) If the conditions set out in paragraph 44(1)(c) are still not met at the end of the one-year period referred to in subsection (2), the operator must reduce by two the number of existing high benzene tanks at the facility for which an internal floating roof or external floating roof is used instead of a vapour control system each subsequent year until either

  • (a) the conditions set out in paragraph 44(1)(c) are met; or

  • (b) all existing high benzene tanks at the facility meet the requirements of section 38.

Marginal note:Reports

• 47 (1) An operator of a facility that, under section 44, continues to use an internal floating roof or external floating roof instead of a vapour control system at a facility to control VOC emissions, must submit reports to the Minister in accordance with subsections (2) and (4).

• Marginal note:First report

  (2) The operator must submit to the Minister, no later than 180 days after the day on which these Regulations come into force, a first report that contains data for a minimum of 6 and a maximum of 26 of the most recent consecutive sampling periods and contains the information referred to in Part 1 of Schedule 3.

• Marginal note:Exception

  (3) Despite subsection (2), if the operator established a fenceline monitoring program at the facility under the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) before the day on which these Regulations come into force, the operator is not required to include the information referred to in items 6 to 8 of Part 1 of Schedule 3 in the first report.

• Marginal note:Annual reports

  (4) The operator must submit to the Minister, no later than 30 days after each anniversary of the day on which these Regulations come into force, an annual report that contains data for all of the sampling periods for which analytical results are available that began after the last sampling period for which data was included in the preceding report and that contains the information referred to in items 1 to 4 and 9 of Part 1 of Schedule 3 and any updates to the information referred to in items 5 to 8 of that Part.

• Marginal note:Exception

  (5) Despite subsection (4), if the operator established a fenceline monitoring program at the facility under the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) before the day on which these Regulations come into force, the operator is not required to include updates to the information referred to in items 5 to 8 in Part 1 of Schedule 3 in the annual report.

Marginal note:Exceedance report

• 48 (1) An operator that, under section 44, continues to use an internal floating roof or external floating roof instead of a vapour control system to control VOC emissions, must notify the Minister if any benzene concentration measured under the fenceline monitoring program exceeds the applicable value set out in paragraphs 45(1)(a) to (d) or results in an arithmetic average that exceeds the applicable arithmetic average set out in paragraphs 45(2)(a) to (d), by submitting a report to the Minister that contains the information referred to in Part 2 of Schedule 3 within five days after receiving the sample analysis.

• Marginal note:Abnormal release

  (2) If, after receiving a report referred to in subsection (1) or any other information, the Minister determines that a benzene concentration or arithmetic average referred to in that subsection exceeded the applicable value or arithmetic average due to an abnormal release of benzene at the facility that is unrelated to the existing high benzene tanks at the facility, or due to an abnormal release of benzene that originated outside the facility, the Minister must notify the operator of the facility of the determination in writing and indicate which sampling periods must be excluded for the purposes of paragraph 45(3)(c).

Action Plan

Design and Use of Emissions Control Equipment

Vapour Control Systems

Marginal note:Loading of gasoline to trucks

50 The operator of a facility must ensure that the requirements of the National Standard of Canada CAN/CGSB-3.1000-2024, entitled Vapour Control Systems in Gasoline Distribution Networks, are met, with the exception of the record-keeping and reporting requirements, if a vapour control system is used at the facility to control VOC emissions from the loading of gasoline to trucks.

Marginal note:Design specifications

51 The operator of a facility must ensure that each vapour control system at the facility is installed, used and maintained in accordance with its design specifications.

Marginal note:Design, use and maintenance

52 In the case of a vapour recovery system or vapour destruction system, the operator must ensure that it is designed, used and maintained to

• (a) collect all vapours discharged from the tank or loading rack on which it is installed and from any vehicle tanks receiving volatile petroleum liquids from the loading rack;

• (b) capture or destroy the VOCs present in all the collected vapours in accordance with the performance requirements set out in section 57 or 58, as applicable, for the full range of inlet vapour flow rates and of VOC concentrations; and

• (c) minimize the accumulation of liquid within the vapour piping.

Marginal note:Free of leaks

• 53 (1) The operator of a facility must ensure that each vapour control system at the facility and all piping, tanks, vehicle tanks and other equipment that connect to the vapour space are free of vapour leaks and liquid leaks.

• Marginal note:Sealed during operation

  (2) The operator must ensure that all maintenance hatches and other openings to the atmosphere in piping, tanks, vehicle tanks and other equipment that connect to the vapour space are kept sealed during operation of the vapour control system, except during maintenance, inspection or repair.

• Marginal note:Pressure-vacuum vent

  (3) If the vapour control system is used to control emissions from a tank equipped with a pressure-vacuum vent, the operator must ensure that

  • (a) the pressure-vacuum vent meets the requirements of section 78 and is inspected and repaired in accordance with sections 104 and 105;

  • (b) if the vapour control system is a vapour recovery system or a vapour destruction system, the system and the pressure-vacuum vent are designed, used and maintained such that the pressure-vacuum vent remains sealed, except to relieve a vacuum inside the tank or to relieve pressure inside the tank during an emergency situation or a failure of the system; and

  • (c) if the vapour control system is a vapour balancing system, the system and the pressure-vacuum vent are designed, used and maintained such that the pressure-vacuum vent remains sealed, except to relieve a vacuum inside the tank, to relieve pressure inside the tank in excess of the pressure relief setting set out in paragraph 78(b) or to relieve pressure inside the tank during an emergency situation or a failure of the system.

• Marginal note:Temporary vapour control system

  (4) Subsection (2) does not apply to a temporary vapour control system that has been installed on a tank under subsection 43(1) or (3).

Marginal note:Continuous monitoring device

• 54 (1) The operator of a facility must ensure that each vapour recovery system or vapour destruction system at the facility is equipped with a continuous monitoring device that is considered to be part of the vapour recovery system or vapour destruction system and that

  • (a) generates an accurate measurement that indicates VOC capture or destruction, either by directly measuring VOC concentration in the exhaust gas or by measuring other relevant physical parameters, such as the temperature of the combustion chamber or exhaust, the concentration of oxygen in the exhaust or the presence of a flame;

  • (b) alerts the operator if VOC capture or destruction does not meet the performance requirements set out in section 57 or 58, as applicable; and

  • (c) operates at all times when the vapour recovery system or vapour destruction system is in service.

• Marginal note:Accurate measurement

  (2) A measurement generated by the continuous monitoring device is considered to be accurate if the device

  • (a) measures VOC concentration with an accuracy of plus or minus 5% of a full-scale reading;

  • (b) measures temperature with an accuracy of plus or minus 2°C;

  • (c) measures any other relevant physical parameter with an accuracy of plus or minus 5% of a full-scale reading; or

  • (d) verifies a relevant non-numeric parameter such that any inaccuracy or malfunction of the device, including an invalid reading, will trigger an alert under paragraph (1)(b).

• Marginal note:Relevant parameters

  (3) For the purposes of paragraphs (1)(a) and (2)(c) and (d), a measurement of a parameter is considered relevant to VOC capture or destruction performance if the design specifications of the vapour recovery system or vapour destruction system, including any relevant performance testing conducted during design or commissioning of the system, establish that it meets the performance requirements set out in section 57 or 58, as applicable, when the parameter is maintained in a specific state or at a specific value or within a range of specific values.

Marginal note:Standard operating procedures

55 The operator of a facility must, for each vapour control system at the facility, keep written standard operating procedures that

• (a) are available at the facility to all individuals who operate or maintain the vapour control system; and

• (b) contain all information required to operate and maintain the vapour control system.

Marginal note:Operation

• 56 (1) The operator of a facility must ensure that each vapour control system at the facility operates whenever vapours are displaced from the tank on which it is installed, and when the loading rack on which it is installed is used to load volatile petroleum liquids or to perform switch loading.

• Marginal note:Exceptions

  (2) Despite subsection (1),

  • (a) the operation of the vapour control system may be interrupted for periods of maintenance or repair for which the total duration does not exceed 5% of the periods in a calendar year during which the tank or the loading rack is in service; and

  • (b) if the vapour control system is a vapour balancing system, the operator is not required to ensure that it operates when switch loading is performed.

Marginal note:Performance — emissions

• 57 (1) The operator of a facility must ensure that each vapour recovery system or vapour destruction system at the facility does not emit more than 10 g of VOCs per m³ of vapour vented or 10 g of VOCs per standard m³ of volatile petroleum liquid loaded on a one-hour averaged basis.

• Marginal note:Exception — benzene concentration

  (2) Despite subsection (1), if the benzene concentration of the volatile petroleum liquid is equal to or exceeds 20% by weight, the operator must ensure that the vapour recovery system or vapour destruction system does not emit more than 1 g of VOCs per m³ of vapour vented or 1 g of VOCs per standard m³ of volatile petroleum liquid loaded on a one-hour averaged basis.

Marginal note:Performance — temporary or existing systems

• 58 (1) Despite subsection 57(1), the operator of a facility must ensure that each temporary vapour control system, existing vapour recovery system or existing vapour destruction system at the facility does not emit more than 35 g of VOCs per m³ of vapour vented or 35 g of VOCs per standard m³ of volatile petroleum liquid loaded on a one-hour averaged basis.

• Marginal note:Exception — benzene concentration

  (2) Despite subsection (1), if the benzene concentration of the volatile petroleum liquid is equal to or exceeds 20% by weight, the operator must ensure that the temporary vapour control system, existing vapour recovery system or existing vapour destruction system does not emit more than 5 g of VOCs per m³ of vapour vented or 5 g of VOCs per standard m³ of volatile petroleum liquid loaded on a one-hour averaged basis.

Marginal note:Compatible fittings

• 59 (1) Before a volatile petroleum liquid is loaded at a facility, the operator of the facility must ensure that the vehicle tank into or from which the liquid is loaded is equipped with interconnecting fittings that are compatible with the fittings of the vapour control system being used during loading.

• Marginal note:Vehicle tank free of leaks

  (2) Before the volatile petroleum liquid is loaded, the operator must also ensure that the vehicle tank is free of vapour leaks in accordance with the applicable standards and, if the vehicle is a truck, that the truck tank has been tested annually in accordance with the requirements set out in section 5.3.1 of the National Standard of Canada CAN/CGSB-3.1000-2024, entitled Vapour Control Systems in Gasoline Distribution Networks.

Internal Floating Roofs

Marginal note:Installation

60 The operator of a facility must ensure that each internal floating roof at the facility and all of its components, including seals and fittings, are installed in accordance with its design specifications.

Marginal note:Float on surface of liquid

• 61 (1) The operator must ensure that each internal floating roof floats at all times on the surface of the liquid and moves freely with changes in the liquid level.

• Marginal note:Maximum 30 days

  (2) Despite subsection (1) and subject to subsection (3), an internal floating roof may rest on a support structure or otherwise be suspended for a total duration not exceeding 30 days in a calendar year.

• Marginal note:More than 30 days

  (3) An internal floating roof may rest on a support structure or otherwise be suspended for more than 30 days in a calendar year if the diameter of the tank is 10 m or less and the tank is used after a batch or semi-batch process to temporarily hold liquid for quality control or testing purposes.

Marginal note:Multiple floatation compartments

• 62 (1) The operator must ensure that each internal floating roof with multiple floatation compartments is capable of remaining afloat on the surface of the liquid with

  • (a) one pontoon or compartment punctured and flooded with liquid, if the diameter of the roof is 6 m or less;

  • (b) the deck and two adjacent pontoons punctured and flooded with liquid, if the roof is a single-deck pontoon type roof and has a diameter greater than 6 m; or

  • (c) two adjacent compartments punctured and flooded with liquid, if the roof is a double-deck type roof and has a diameter greater than 6 m.

• Marginal note:Double dead weight

  (2) The operator must ensure that each internal floating roof is capable of supporting at least double its dead weight, including the weight of all roof components and the force exerted by all seals during the filling of a tank.

Marginal note:Exposed seams

63 The operator must ensure that each seam in an internal floating roof that is exposed to vapour or liquid

• (a) is free of vapour leaks and liquid leaks; and

• (b) has an estimated life expectancy equal to the estimated life expectancy of the roof.

Marginal note:Continuous vapour-tight enclosure

• 64 (1) The operator must ensure that each internal floating roof is equipped with one or more rim seals that form a continuous vapour-tight enclosure around the entire perimeter of the floating roof, except where the rim seals are in contact with the tank wall, in which case the seal gaps must meet the requirements set out in subsection 65(2).

• Marginal note:Rim seals — types

  (2) The following rim seal configurations are permitted:

  • (a) a primary seal and one or more secondary seals of any kind; and

  • (b) a primary seal that is either

    • (i) a foam seal or liquid-filled seal that rests in continuous contact with the surface of the liquid, or

    • (ii) a mechanical shoe seal, measuring at least 30 cm in height, composed of a curved metal sheet designed to be in continuous contact with the tank wall for a distance extending at least 10 cm above and 10 cm below the surface of the liquid.

Marginal note:Gap between seal and wall of tank

• 65 (1) Any space that is between the rim seal of the internal floating roof and the wall of the tank and through which a uniform cylindrical probe with a diameter of 0.3 cm can pass freely is considered to be a seal gap which must be measured under the control conditions and in accordance with the procedure described in Schedule 4.

• Marginal note:Size

  (2) Subject to subsection (3), the operator must ensure that the seal gaps in each seal are less than the following dimensions:

  • (a) if the seal is the primary seal,

    • (i) 4 cm wide at every point between the seal and the wall of the tank, and

    • (ii) a cumulative total of 200 cm² per metre of the tank’s diameter; and

  • (b) if the seal is a secondary seal,

    • (i) 1.3 cm wide at every point between the seal and the wall of the tank, and

    • (ii) a cumulative total of 20 cm² per metre of the tank’s diameter.

• Marginal note:More than one secondary seal

  (3) If the internal floating roof is equipped with more than one secondary seal, the operator must ensure that at least one of the secondary seals meets the size requirements set out in subparagraphs (2)(b)(i) and (ii).

Marginal note:Openings

• 66 (1) Subject to subsections (2) and (3), the operator must ensure that each opening in the deck of an internal floating roof is sealed at all times such that they are free of vapour leaks and liquid leaks.

• Marginal note:Opening — moving component

  (2) The operator must ensure that each opening in the deck of the internal floating roof that allows a component of the tank to move relative to the floating roof when the liquid level in the tank changes is equipped with

  • (a) a flexible sleeve that encloses the component; or

  • (b) a gasket that is in contact with the entire perimeter of the component and, if there is an internal space in the component that allows for the passage of vapour, an internal float.

• Marginal note:Exceptions

  (3) The operator may unseal an opening when necessary to prevent excess pressure or vacuum in the tank during exceptional circumstances outside of the tank's normal operating conditions or when necessary for tank maintenance, inspection or repair.

Marginal note:Rims

67 The operator must ensure that each internal floating roof is equipped, around its periphery and around all of its openings, with rims that are free of vapour leaks and liquid leaks and that extend

• (a) at least 15 cm above the liquid, except for the rims around drains; and

• (b) at least 10 cm below the liquid, except for the rims around vents or vacuum breakers.

Marginal note:Materials

68 The operator must ensure that each component of an internal floating roof is made of materials that

• (a) are impermeable to vapours;

• (b) are chemically compatible with the liquid in the operating environment such that they do not suffer damage that reduces the emissions control efficacy of the component during its estimated life expectancy; and

• (c) are physically compatible with weather conditions at the facility such that they do not suffer damage that reduces the emissions control efficacy of the component during its estimated life expectancy.

External Floating Roofs

Marginal note:Installation

69 The operator of a facility must ensure that each external floating roof at the facility and all of its components, including seals and fittings, are installed in accordance with its design specifications.

Marginal note:Float on surface of the liquid

• 70 (1) The operator must ensure that each external floating roof floats at all times on the surface of the liquid and moves freely with changes in the liquid level.

• Marginal note:Maximum 30 days

  (2) Despite subsection (1), an external floating roof may rest on a support structure or otherwise be suspended for a total duration not exceeding 30 days in a calendar year.

Marginal note:Multiple floatation compartments

• 71 (1) The operator must ensure that each external floating roof is a single-deck pontoon type roof or double-deck type roof that is capable of remaining afloat on the surface of the liquid with

  • (a) one pontoon or compartment punctured and flooded with liquid, if the diameter of the roof is 6 m or less;

  • (b) the deck and two adjacent pontoons punctured and flooded with liquid, if the roof is a single-deck pontoon type roof and has a diameter greater than 6 m; or

  • (c) two adjacent compartments punctured and flooded with liquid, if the roof is a double-deck type roof and has a diameter greater than 6 m.

• Marginal note:Rain

  (2) The operator must ensure that each external floating roof is capable of remaining afloat on the surface of the liquid after receiving 25 cm of rain over the surface of its deck in a 24-hour period with the primary drains disabled, unless the external floating roof is a double-deck type roof equipped with functional emergency drains that are designed to reduce the accumulation of water on the roof to a volume that the roof may safely support.

• Marginal note:Ice or snow

  (3) The operator must ensure that each external floating roof is designed and maintained to remain afloat on the surface of the liquid under an accumulation of ice or snow that is reasonably expected at the geographic location of the facility.

Marginal note:Exposed seams

72 The operator must ensure that each seam in an external floating roof that is exposed to vapour or liquid

• (a) is free of vapour leaks and liquid leaks; and

• (b) has an estimated life expectancy equal to the estimated life expectancy of the roof.

Marginal note:Continuous vapour-tight enclosure

• 73 (1) The operator must ensure that each external floating roof is equipped with a primary seal and a secondary seal that form a continuous vapour-tight enclosure around the entire perimeter of the floating roof, except where the seals are in contact with the tank wall, in which case the seal gaps must meet the requirements set out in subsection 74(2).

• Marginal note:Primary seal — types

  (2) The operator must ensure that each primary seal is of one of the following types:

  • (a) a foam seal or liquid-filled seal that rests in continuous contact with the surface of the liquid; or

  • (b) a mechanical shoe seal composed of a curved metal sheet designed to be in continuous contact with the tank wall for a distance extending at least 60 cm above and 10 cm below the surface of the liquid.

• Marginal note:Secondary seal — type

  (3) The operator must ensure that each secondary seal is of a type that is mounted on the rim of the external floating roof.

• Marginal note:Peripheral structure

  (4) A peripheral structure that covers a primary or secondary seal for the primary purpose of providing it shelter from rain, snow or ultraviolet radiation is not considered to be a secondary seal.

Marginal note:Gap between seal and wall of tank

• 74 (1) Any space that is between the rim seal of the external floating roof and the wall of the tank is considered to be a seal gap, which must be measured under the control conditions and in accordance with the procedure described in Schedule 4.

• Marginal note:Size

  (2) Subject to subsection (3), the operator must ensure that the seal gaps in each seal are less than the following dimensions:

  • (a) if the seal is the primary seal,

    • (i) 4 cm wide at every point between the seal and the wall of the tank, and

    • (ii) a cumulative total of 200 cm² per metre of the tank’s diameter; and

  • (b) if the seal is a secondary seal,

    • (i) 1.3 cm wide at every point between the seal and the wall of the tank, and

    • (ii) a cumulative total of 20 cm² per metre of the tank’s diameter.

• Marginal note:More than one secondary seal

  (3) If the external floating roof is equipped with more than one secondary seal, the operator must ensure that at least one of the secondary seals meets the size requirements set out in subparagraphs (2)(b)(i) and (ii).

Marginal note:Openings

• 75 (1) Subject to subsections (2) to (4), the operator must ensure that each opening in the deck of an external floating roof is sealed at all times such that it is free of vapour leaks and liquid leaks.

• Marginal note:Emergency drain

  (2) The operator must ensure that each opening in the deck of the external floating roof that is an emergency drain is equipped with a cover that encloses at least 90% of the area of the opening.

• Marginal note:Opening — passage of moving component

  (3) The operator must ensure that each opening in the deck of the external floating roof that allows a component of the tank to move relative to the floating roof when the liquid level in the tank changes is equipped with

  • (a) a flexible sleeve that encloses the component; or

  • (b) a gasket that is in contact with the entire perimeter of the component and, if there is an internal space in the component that allows for the passage of vapour, an internal float.

• Marginal note:Exceptions

  (4) The operator may unseal an opening when necessary to prevent excess pressure or vacuum in the tank during exceptional circumstances outside of the tank's normal operating conditions or when necessary for tank maintenance, inspection or repair.

Marginal note:Rims

76 The operator must ensure that each external floating roof is equipped, around its periphery and around all of its openings, with rims that are free of vapour leaks and liquid leaks and that extend at least 10 cm below the liquid, except for the rims around vents or vacuum breakers.

Marginal note:Materials

77 The operator must ensure that each component of an external floating roof is made of materials that

• (a) are impermeable to vapours;

• (b) are chemically compatible with the liquid in the operating environment such that they do not suffer damage that reduces the emissions control efficacy of the component during its estimated life expectancy; and

• (c) are physically compatible with weather conditions expected at the facility such that they do not suffer damage that reduces the emissions control efficacy of the component during its estimated life expectancy.

Pressure-Vacuum Vents

Marginal note:Requirements

78 The operator of a facility must ensure that each pressure-vacuum vent at the facility meets the following requirements:

• (a) it must close and form a seal that is free from vapour leaks and liquid leaks when there is no pressure differential between the inside of the tank and the atmosphere;

• (b) its pressure and vacuum relief settings must be set to the maximum pressure and vacuum that is allowable within the limits of the tank design pressure; and

• (c) it must be installed, operated and calibrated in accordance with its design specifications.

Marginal note:Ventilation

79 The operator must ensure that the tank opens to the atmosphere only through the pressure-vacuum vent, except during sampling or tank maintenance, inspection or repair.

Alternative Emissions Control Equipment

Marginal note:Application for permit

• 80 (1) The operator of a facility may apply to the Minister for a permit to use alternative emissions control equipment on tanks or loading racks at the facility rather than the emissions control equipment required under any of sections 38 to 40 and 42.

• Marginal note:Prohibited substitutions

  (2) However, the operator may not apply for a permit to use

  • (a) an internal floating roof or external floating roof in place of a vapour control system; or

  • (b) a pressure-vacuum vent in place of an internal floating roof, external floating roof or vapour control system.

• Marginal note:Contents of application

  (3) The permit application must contain the information referred to in Schedule 5 and may be submitted for more than one of the operator’s facilities.

• Marginal note:Clarifications or additional information

  (4) The Minister may, on receiving the permit application, require that the applicant provide any clarifications or additional information if they are necessary for the application to be considered.

Marginal note:Issuance

• 81 (1) The Minister may issue a permit referred to in subsection 80(1) if the Minister has determined that the information provided in the application demonstrates that the alternative emissions control equipment is, in all situations in which it would be used, at least as effective at controlling VOC emissions as the emissions control equipment that it would replace.

• Marginal note:Permit – information

  (2) The issued permit must set out the following information:

  • (a) the period of validity of the permit;

  • (b) the names of the facilities to which the permit relates;

  • (c) the identifiers of the tanks and loading racks that may be equipped with the alternative emissions control equipment;

  • (d) the situations in which the alternative emissions control equipment may be used; and

  • (e) the conditions to be met while using the alternative emissions control equipment.

• Marginal note:Permit – conditions

  (3) For the purposes of paragraph (2)(e), the Minister may set out conditions in the permit respecting:

  • (a) the design and operation of the alternative emissions control equipment;

  • (b) monitoring and any applicable limits on monitored parameters;

  • (c) procedures and practices for the maintenance, inspection and repair of the alternative emissions control equipment;

  • (d) reporting and notification;

  • (e) record-keeping;

  • (f) procedures for updating administrative information; and

  • (g) any other matter, if the Minister considers it necessary for the purposes of these Regulations.

Marginal note:Permit — refusal

• 82 (1) If the information required under subsections 80(3) and (4) has not been provided or is insufficient to enable the Minister to consider the application, the Minister must refuse to issue the permit, notify the applicant in writing of the reasons for the refusal and provide the applicant an opportunity to make written representations.

• Marginal note:30 days

  (2) The written representations, if any, must be submitted to the Minister within 30 days after the day on which the applicant receives the Minister's notice of refusal.

• Marginal note:Decision of the Minister

  (3) After providing the applicant an opportunity to make written representations, the Minister must take one of the following measures:

  • (a) notify the applicant in writing of the decision to issue the permit and issue the permit in accordance with section 81; or

  • (b) notify the applicant in writing of the decision to refuse to issue the permit.

Marginal note:Renewal of permit

• 83 (1) A permit holder who wishes to renew their permit must submit an application for renewal to the Minister at least 60 days before the day on which the permit expires.

• Marginal note:Contents of application for renewal

  (2) The application for renewal must contain an update of the information provided under subsection 80(3).

• Marginal note:Clarifications or additional information

  (3) The Minister may, on receiving an application for renewal, require that the applicant provide any clarifications or additional information that is necessary for the Minister to consider the application.

• Marginal note:Renewal

  (4) The Minister may renew the permit if the Minister determines that the information provided in the application for renewal demonstrates that the alternative emissions control equipment is, in all situations in which it would be used, at least as effective at controlling VOC emissions as the emissions control equipment that it would replace.

• Marginal note:Conditions

  (5) The Minister may modify any of the conditions set out in the initial permit under subsection 81(3) and if the Minister does so, the Minister must set out those modified conditions in the renewed permit.

Marginal note:Notice to Minister

84 If a permit holder receives information demonstrating that the alternative emissions control equipment does not control VOC emissions as effectively as the equipment that it replaced, or monitoring data establishing that the limits referred to in paragraph 81(3)(b) are no longer met, the permit holder must notify the Minister within 30 days after the day on which they received that information or data.

Marginal note:Modification of permit

• 85 (1) The Minister may modify a permit issued under subsection 81(1) if the Minister has reasonable grounds to believe that the alternative emissions control equipment does not control VOC emissions as effectively as the emissions control equipment that it replaced.

• Marginal note:Revocation of permit

  (2) The Minister may revoke a permit issued under subsection 81(1) if the Minister has reasonable grounds to believe that

  • (a) the alternative emissions control equipment does not control VOC emissions as effectively as the emissions control equipment that it replaced;

  • (b) the conditions set out in the permit have not been met; or

  • (c) the permit holder has provided false or misleading information in support of their application.

• Marginal note:Notice of modification or revocation

  (3) Before modifying or revoking a permit, the Minister must notify the permit holder in writing of the reasons for the modification or revocation and provide the permit holder an opportunity to make written representations concerning the modification or revocation.

• Marginal note:30 days

  (4) For the purposes of subsection (3), the permit holder may submit written representations to the Minister no later than 30 days after the day on which they receive the notice of modification or revocation.

• Marginal note:Decision of the Minister

  (5) If, after providing the permit holder an opportunity to make written representations, the Minister decides to modify or revoke the permit, the Minister must

  • (a) notify the permit holder of the modification or revocation; and

  • (b) if applicable, notify the permit holder of the date on which the permit holder must cease to use the alternative emissions control equipment and the date on which the permit holder must begin to use the emissions control equipment required under any of sections 38 to 40 and 42.

Inspection, Testing and Repair

Vapour Control Systems

Inspections and Tests

Marginal note:Monthly inspection

• 86 (1) The operator of a facility must, at least once a month and no less than 14 days after the day on which the previous inspection was performed, visually inspect all components of each vapour control system at the facility for vapour leaks and liquid leaks or any other defects that can be detected visually.

• Marginal note:Annual inspection

  (2) The operator must, at least once in a calendar year and no less than 10 months after the day on which the previous inspection was performed, inspect each vapour control system for vapour leaks with one of the leak detection instruments referred to in subsection 26(1).

• Marginal note:Excluded components

  (3) Any component of the vapour control system that is normally operated at an internal pressure that is at least 5 kPa below ambient pressure is not required to be inspected under subsection (2).

Marginal note:Performance test — defects

• 87 (1) The operator of a facility must test the performance of each vapour control system for the defects referred to in subsection 90(3) within the time limits set out in the design specifications and at least once every five years.

• Marginal note:Design specifications

  (2) Despite subsection (1), if the vapour control system is a vapour destruction system designed with the primary purpose of producing useful heat or energy, or if it is a flare, the operator is required to perform only the tests indicated in the system's design specifications.

Marginal note:Performance test — modifications

• 88 (1) If the vapour control system is a vapour recovery system or vapour destruction system, the operator must ensure that the performance test referred to in section 87 is performed in accordance with section 7 of the National Standard of Canada CAN/CGSB 3.1000–2024, entitled Vapour Control Systems in Gasoline Distribution Networks, with the following modifications:

  • (a) the test method applies to all vapour recovery systems and vapour destruction systems;

  • (b) a reference to “terminal” is to be read as a reference to “facility”;

  • (c) a reference to “gasoline” is to be read as a reference to “volatile petroleum liquid”;

  • (d) a reference to “gasoline vapour” is to be read as a reference to “ vapour”;

  • (e) if the vapour control system is used to control VOC emissions from a tank, the performance test period must be of the same duration as the performance test period set out in the standard and include at least one hour during which the tank is being filled at the maximum rate;

  • (f) the use of alternate test methods, including continuous emissions monitoring, is not permitted;

  • (g) the total hydrocarbon analyzer must be a separate device from the continuous monitoring device and both devices must independently collect data throughout the test period;

  • (h) detections of methane and ethane may be excluded from the results collected by the total hydrocarbon analyzer by either

    • (i) using a device of a type that is insensitive to those substances, or

    • (ii) subtracting the effect of those substances from the reading using a calibration or correction factor that is established on the day of the test and appropriate for the testing conditions, including temperature, pressure, overall atmospheric composition and actual vapour composition;

  • (i) in all calculations and calibrations, references to propane or the properties of propane, including density or molecular mass, must be replaced by references to another appropriate substance or to the properties of that other substance whenever necessary to accurately represent the properties of a volatile petroleum liquid;

  • (j) the volume of substances that are not volatile petroleum liquids must not be included in calculations relating to the volume of liquid loaded; and

  • (k) the results of the calculations may indicate the performance of the vapour control system in terms of the mass of VOCs emitted per m³ of vapour vented instead of the mass of VOCs emitted per litre of liquid loaded.

• Marginal note:More than one tank

  (2) For the purposes of paragraph (1)(e), if the vapour control system is used to control the emissions of multiple tanks, only one tank must be filled during the test.

• Marginal note:Continuous monitoring device

  (3) The accuracy of a continuous monitoring device referred to in paragraph 54(1)(a) is evaluated by comparing the measurements generated by the device during the test to the results of the performance test referred to in section 87.

Marginal note:Vapour balancing system — test

• 89 (1) If the vapour control system is a vapour balancing system, the operator must ensure that the performance test referred to in section 87 covers the entire duration of the loading from a tank to a vehicle tank and the entire duration of the loading from a vehicle tank to a tank.

• Marginal note:Test elements

  (2) The test must include the following elements:

  • (a) the use of a calibrated pressure gauge to monitor the pressure at the vapour outlet of the vehicle tank during loading; and

  • (b) the use of visual, auditory or olfactory methods to monitor the pressure-vacuum vents on the vehicle tank and the tank to determine whether any of the vents open during loading.

• Marginal note:Loading during the test

  (3) During the test, loading must be performed in accordance with the operator’s standard operating procedures, involve vehicles typically used at the facility and be performed without modifications to enhance system performance for the purpose of the test.

Repair

Marginal note:Repair — deadline

• 90 (1) The operator of a facility must, within 45 days after the day on which a defect of any vapour control system at the facility is detected

  • (a) repair the defect and perform any tests or inspections necessary to confirm that the repair is successful; or

  • (b) use a temporary vapour control system.

• Marginal note:Repair deadline exception

  (2) Despite subsection (1), if the operation of the vapour control system is not required on the last day of the period referred to in subsection (1), the operator must ensure that the measures referred to in paragraph 1(a) or (b) are taken before the operation of the vapour control system is next required.

• Marginal note:Defects

  (3) A vapour control system has a defect if

  • (a) it has a vapour leak or liquid leak;

  • (b) in the case of a vapour recovery system or vapour destruction system,

    • (i) it is equipped with a continuous monitoring device that does not meet the requirements of section 54, or

    • (ii) its VOC recovery or destruction performance is insufficient to allow it to meet the requirements of section 57 or 58, as the case may be;

  • (c) in the case of a vapour balancing system,

    • (i) it has a measured pressure in excess of 4.5 kPa at the vehicle tank vapour outlet, or

    • (ii) its pressure-vacuum vents are open at a pressure lower than the pressure relief setting set out in paragraph 78(b) during loading activities; or

  • (d) it has any other defect that is likely to reduce its performance.

Internal Floating Roofs and External Floating Roofs

Inspection of Internal Floating Roof

Marginal note:Monthly inspection

• 91 (1) The operator of a facility must ensure that the space above each internal floating roof at the facility is inspected at least once a month and no less than 14 days after the day on which the previous inspection was performed.

• Marginal note:Inspections omitted

  (2) Despite subsection (1), the operator may omit up to four inspections in one calendar year if weather conditions or unforeseen circumstances cause safety concerns or access problems that render inspection impracticable.

• Marginal note:LEL%

  (3) An inspection must include a determination of the value of the LEL% in the space above the internal floating roof under the control conditions and in accordance with the procedure described in Schedule 6.

Marginal note:Baseline LEL%

• 92 (1) The operator must calculate a baseline LEL% for the purposes of evaluating the performance of the internal floating roof.

• Marginal note:Calculation

  (2) Subject to subsection (3), the baseline LEL% is the arithmetic average of all the values of the LEL% determined in the space above the internal floating roof over the previous four years.

• Marginal note:Excluded

  (3) The following values are excluded from the calculation of the baseline LEL%:

  • (a) all values of the LEL% determined before any total replacement of the primary seal or secondary seal;

  • (b) all values of the LEL% that exceed 20 or, if the benzene concentration of the volatile petroleum liquid in the tank is greater than or equal to 20% by weight, that exceed 10; and

  • (c) all values of the LEL% determined before the day on which these Regulations come into force.

• Marginal note:No established baseline LEL%

  (4) Despite subsection (1), there is no established baseline LEL% if there are less than 12 LEL% values included in the calculation.

• Marginal note:Established baseline LEL%

  (5) If there is an established baseline LEL%, the value of the LEL% in the space above the internal floating roof must not exceed the following thresholds:

  • (a) 150% of the baseline LEL%, if the baseline LEL% is greater than or equal to 5; and

  • (b) 7.5, if the baseline LEL% is less than 5.

• Marginal note:No established baseline LEL%

  (6) If there is no established baseline LEL%, the value of the LEL% in the space above the internal floating roof must not exceed the following thresholds:

  • (a) 10, if the tank is a high benzene tank;

  • (b) 90, if the tank is an inerted tank that is not a high benzene tank; and

  • (c) 20, in all other cases.

• Marginal note:Excess LEL% — second inspection

  (7) If, during a first inspection, the value of the LEL% exceeds the thresholds set out in subsection (5) or (6) but does not exceed the thresholds set out in paragraphs 101(1)(b) or (c), a second inspection may be performed within seven days after the day of the first inspection and if, during the second inspection, the value of the LEL% does not exceed the applicable thresholds set out in subsection (5) or (6), the value determined during the first inspection is not a defect, despite paragraph 100(5)(d).

Marginal note:Inspection every 20 years

• 93 (1) The operator of a facility must ensure that each internal floating roof at the facility and the interior of the tank in which it is installed are inspected every 20 years and that the inspection includes

  • (a) a measurement of the seal gap under the control conditions and in accordance with the procedure described in Schedule 4, unless the rim seal is being replaced at the time of the inspection;

  • (b) an inspection of all hatches, covers and other emissions control devices, including seals and internal floats, to locate tears, holes, corrosion, swelling, embrittlement or any other damage that would reduce their emissions control efficacy;

  • (c) if applicable, a test operation of the hatches to verify that they seal automatically after use;

  • (d) if the tank is not in service at the time of inspection, the servicing, testing or replacement of vents and vacuum breakers to ensure that they are in good working order and that they will remain closed when the floating roof is floating on the liquid;

  • (e) an inspection of the floating roof and all other emissions control equipment for structural defects and corrosion;

  • (f) an inspection of the seams in the internal floating roof for potential vapour leaks or liquid leaks, openings or damage;

  • (g) if the tank is not in service at the time of inspection, an inspection of the inside of the pontoons and a determination of the value of the LEL% inside the pontoons to detect vapour leaks and liquid leaks;

  • (h) if applicable, an inspection of the bolting bar on the rim-mounted secondary seals for corrosion and broken welds;

  • (i) if applicable, a test operation of the liquid level alarms and automatic gauging systems;

  • (j) if applicable, a visual inspection of the inside of the guide pole for protrusions that are likely to damage the vapour control float;

  • (k) if applicable, an inspection of the vapour control float or cover inside the guide pole; and

  • (l) an inspection of the exposed part of the internal wall of the tank for grooving, corrosion, coating failures and out-of-roundness.

• Marginal note:Start of period

  (2) The 20-year period referred to in subsection (1) is considered to have begun on the later of the following days:

  • (a) the day on which the tank was first in service, but only if the operator’s records demonstrate that all tests or inspections verifying the correct installation and function of the tank and the internal floating roof that are required by design specifications have been performed; and

  • (b) the day on which the most recent internal inspection of the tank was performed, but only if the operator’s inspection report demonstrates that the inspection was completed by a person who holds a valid API 653 - Aboveground Storage Tank Inspector certificate issued by the American Petroleum Institute.

• Marginal note:No applicable days

  (3) If neither of the days referred to in paragraphs (2)(a) and (b) applies or if the applicable day has occurred more than ten years before the day on which these Regulations come into force, the operator must ensure that the first inspection required under subsection (1) is performed no later than ten years after the day on which these Regulations come into force.

Inspection of External Floating Roof

Marginal note:Monthly inspection

• 94 (1) The operator of a facility must ensure that the upper surface of each external floating roof at the facility is visually inspected at least once a month and no less than 14 days after the day on which the previous inspection was performed, for the defects referred to in paragraphs 100(5)(e) to (g).

• Marginal note:Inspection without delay

  (2) Despite subsection (1), if weather conditions or unforeseen circumstances cause safety concerns or access problems that render an inspection impracticable, the operator may delay the inspection but must perform it without delay once the circumstances permit and must not delay it by more than seven days.

Marginal note:Annual inspection

• 95 (1) The operator of a facility must ensure that the upper surface of each external floating roof at the facility is visually inspected annually – no less than 10 months after the day on which the previous inspection was performed – for the defects referred to in paragraphs 100(5)(a), (c) and (e) to (h) and must ensure that the secondary seal gaps are measured annually under the control conditions and in accordance with the procedure described in Schedule 4.

• Marginal note:No more than two metres

  (2) The inspection of an opening of the external floating roof deck, as part of the visual inspection referred to in subsection (1), must be performed from a distance of no more than two metres from the opening.

Marginal note:Inspection every five years

96 The operator of a facility must ensure that each external floating roof at the facility and the exposed part of the internal wall of the tank in which it is installed are inspected every five years and that the inspection includes

• (a) a measurement of the primary seal gaps under the control conditions and in accordance with the procedure described in Schedule 4, unless the rim seal is being replaced at the time of the inspection;

• (b) an inspection of the primary and secondary seals in which they are pulled back all around the internal wall and checked for their proper operation;

• (c) an inspection of the secondary seals for signs of buckling or indications that the angle with the internal wall is too shallow;

• (d) an inspection of all hatches, covers and other emissions control devices, including seals and internal floats, to locate tears, holes, corrosion, swelling, embrittlement or any other damage that would substantially reduce their emissions control efficacy;

• (e) an inspection of the exposed part of internal wall of the tank for grooving, corrosion, coating failures and out-of-roundness;

• (f) if applicable, an inspection of the automatic gauging guide of the tank and the lower sheave housing for signs of vapour leaks and liquid leaks;

• (g) an inspection of the wind girder for corrosion damage;

• (h) a visual inspection of the external floating roof for inadequate drainage;

• (i) if applicable, a test operation of the hatches to verify that they seal automatically after use;

• (j) if applicable, an inspection of all guide poles and gauge wells for thinning and signs of grooving or wear;

• (k) an inspection of the levelness of the external floating roof, at a minimum of three locations, in which the distance from the roof rim to a horizontal weld seam that is above the floating roof is measured;

• (l) an inspection of the emergency drains to ensure that the covers or sealing are adequate;

• (m) if applicable, an inspection of the inside the pontoons and a determination of the value of the LEL% inside of the pontoons to detect vapour leaks and liquid leaks;

• (n) an inspection of the upper deck of the external floating roof for paint failure and corrosion; and

• (o) if applicable, an inspection of the bolting bar on the rim-mounted secondary seals for corrosion and broken welds.

Marginal note:Measurement of seal gap

97 Within 60 days after the day on which a rim seal of an external floating roof is replaced, the operator must measure the seal gaps under the control conditions and in accordance with the procedure described in Schedule 4.

Marginal note:Inspector certificate

98 The operator must ensure that all inspections referred to in subsection 93(1) and section 96 are performed by a person who holds a valid API 653 - Aboveground Storage Tank Inspector certificate issued by the American Petroleum Institute.

Other Requirements

Marginal note:Reduced inspection intervals

99 If design specifications or inspection findings indicate that the estimated life expectancy of any component of an internal floating roof or external floating roof is shorter than the inspection interval specified in subsection 93(1) or section 96, as the case may be, the interval between inspections in respect of the component must be reduced to match its estimated life expectancy.

Repair

Marginal note:Repair — tank in service

• 100 (1) Subject to subsections (2), (3) and 101(1) to (4), if a defect referred to in subsection (5) is detected when a tank is in service at a facility, the operator of the facility must take one of the following measures:

  • (a) in the case of a defect of a tank, internal floating roof or external floating roof, the operator must, within 60 days after the day on which the defect is detected,

    • (i) remove the tank from service, or

    • (ii) repair the defect and perform any tests or inspections necessary to confirm that the repair is successful; or

  • (b) in the case of a defect of an internal floating roof or the tank in which it is installed, the operator must equip the tank with a temporary vapour control system within 15 days after the day on which the defect is detected and repair the defect and perform any tests or inspections necessary to confirm that the repair is successful within 180 days after that day.

• Marginal note:Tank designated under subsection 125(1)

  (2) Subject to section 101(1), if a defect of a tank designated as a deferred application tank under subsection 125(1) can be repaired only when the tank is not in service, the repair may be delayed until the tank is removed from service.

• Marginal note:Defect to rim seal

  (3) In the case of a defect of a rim seal, the time limit for taking the measures referred to in subparagraph (1)(a)(ii) is extended to 90 days after the day on which the defect is detected if

  • (a) the cumulative total surface area of all seal gaps is less than 1000 cm² per m of the tank’s diameter; and

  • (b) within 30 days after the day on which the defect is detected, a person who holds a valid API 653 - Aboveground Storage Tank Inspector certificate issued by the American Petroleum Institute determines that the tank is free of any other detected defects that would prevent the repair of the rim seal while the tank is in service.

• Marginal note:Repair cannot be completed

  (4) If, after attempting a repair of a rim seal for the purposes of subsection (3), the operator determines that the defect of the rim seal cannot be repaired while the tank is in service, the operator must remove the tank from service within 45 days after the day on which the determination is made.

• Marginal note:Defects

  (5) An internal floating roof or external floating roof has a defect if

  • (a) the tank in which it is installed does not meet the requirements of section 37 such that the efficacy of the internal floating roof or external floating roof in controlling emissions could be reduced;

  • (b) it has a seal gap that exceeds the size requirements set out in subsections 65(2) and (3) and 74(2) and (3);

  • (c) its deck has an opening that does not meet the requirements of sections 66 and 75;

  • (d) in the case of an internal floating roof, the value of the LEL% in the space above it exceeds the applicable threshold set out in subsection 92(5) or (6);

  • (e) in the case of an external floating roof, it has inadequate drainage or an accumulation of snow, ice or debris that compromises its capacity to remain afloat on the surface of the liquid;

  • (f) volatile petroleum liquids are observed to be present on its upper surface more than once in a 12-month period or present over an area of more than 1 m²;

  • (g) it or the tank in which it is installed has a structural defect or obstruction that could impair the movement of the internal floating roof or the external floating roof; or

  • (h) it or the tank in which it is installed has any other defect that could reduce the efficacy of the internal floating roof or external floating roof in controlling emissions.

Marginal note:Major defects

• 101 (1) An operator must take the measures described in subsections (2) and (5) when any of the following defects are detected:

  • (a) an internal floating roof or external floating roof has sunk;

  • (b) the value of the LEL% in the space above an internal floating roof in a high benzene tank exceeds 20; or

  • (c) the value of the LEL% in the space above an internal floating roof in a tank, other than an inerted tank, exceeds 50.

• Marginal note:Measures

  (2) Subject to subsections (3) and (4), if a defect referred to in subsection (1) is detected, the operator must, as soon as the circumstances permit, cease to load volatile petroleum liquids into the tank and either

  • (a) empty the tank of all volatile petroleum liquid; or

  • (b) use a temporary vapour control system to control emissions from the tank.

• Marginal note:Choice of measure

  (3) If the measures referred to in paragraphs (2)(a) and (b) can both be performed safely, the operator of a facility must choose the measure that can be completed the soonest.

• Marginal note:Additional measures

  (4) If the operator takes the measure referred to in paragraph (2)(b), the operator must, as soon as the circumstances permit, either repair the defect and perform any tests or inspections necessary to confirm that the repair is successful or empty the tank of all volatile petroleum liquid.

• Marginal note:Report

  (5) For the purposes of subsection (1), the operator must

  • (a) as soon as feasible after the defect is detected, submit a report to the Minister that contains the information referred to in Schedule 7;

  • (b) notify the Minister as soon as feasible of any change to the planned measures or expected timelines described in the report; and

  • (c) update the report and submit the update to the Minister within five days after the day on which the defect is repaired.

Marginal note:Defects — existing tanks

102 For the purposes of subsection 100(1), all defects detected during an inspection of an existing tank performed before the day on which these Regulations come into force are considered to have been detected one year after the day on which these Regulations come into force.

VOC Emissions Minimization Plan

Marginal note:Plan

• 103 (1) Before removing a tank – other than a high benzene tank – from service or replacing the primary seal of the internal floating roof or external floating roof of such a tank while it is in service, an operator must develop a VOC emissions minimization plan that includes the information referred to in Schedule 8 and must implement that plan during the removal or replacement.

• Marginal note:Measures — removal from service

  (2) In the case of the removal of a tank from service, the VOC emissions minimization plan must include at least one of the following measures:

  • (a) substitution, dilution or chemical decontamination of the liquid in the tank such that the liquid is no longer considered to be a volatile petroleum liquid;

  • (b) completion of the removal within 15 days after the tank’s internal floating roof or external floating roof is no longer floating on the surface of the liquid; or

  • (c) use of a temporary vapour control system under section 43.

• Marginal note:Record

  (3) The operator must record any deviations to the measures included in the plan and the date of completion of the plan.

Pressure-Vacuum Vent

Inspection

Marginal note:Pressure-vacuum vent

• 104 (1) The operator of a facility must ensure that each pressure-vacuum vent at the facility is inspected annually and no less than 10 months after the day on which the previous inspection was performed to ensure that it meets the requirements set out in paragraph 78(a).

• Marginal note:Five years

  (2) The operator must ensure that the pressure-vacuum vent is inspected every five years to ensure it meets the requirements set out in paragraphs 78(b) and (c).

Repair

Marginal note:Defect detected

• 105 (1) If a defect of a pressure-vacuum vent is detected while the tank on which it is installed is in service, the operator must ensure that the defect is repaired as soon as feasible and no later than 45 days after the day on which it was detected.

• Marginal note:Defects

  (2) A pressure-vacuum vent for which the requirements set out in section 78 have not been met is considered to have a defect.

Extended Repair Plan

Marginal note:Reasons

• 106 (1) The operator of a facility must develop an extended repair plan for a defect of a tank or its internal floating roof or external floating roof if an authorized official determines that the tank needs to be removed from service so that the defect may be repaired but the tank cannot, for one of the following reasons, be removed from service such that the repair can be completed within the applicable time limit set out in section 100:

  • (a) the tank’s removal from service would require a shutdown of some or all of the petroleum processing equipment at the facility;

  • (b) there are no options at the facility or elsewhere for the storage, processing, treatment or disposal of the contents of the tank; or

  • (c) there are significant risks to safety, human health or the environment associated with the tank’s removal from service that would be mitigated with additional repair time.

• Marginal note:Submission to Minister and content of plan

  (2) The extended repair plan must be submitted to the Minister at least 30 days before the applicable time limit set out in section 100 ends and must include the information referred to in Schedule 9.

• Marginal note:Clarifications or additional information

  (3) The Minister may, on receiving the extended repair plan, require that the operator provide any clarifications or additional information.

• Marginal note:Re-submission of plan

  (4) If, on receiving the extended repair plan, the Minister has reasonable grounds to believe that the date set out in the plan for the tank’s removal from service is later than warranted by the circumstances, the Minister may require that the operator resubmit the plan and change that date to a date specified by the Minister.

• Marginal note:Implementation

  (5) The operator must implement the extended repair plan beginning the day after the day on which the applicable time limit set out in section 100 ends and must remove the tank from service within the time limit set out in the extended repair plan.

• Marginal note:Reason referred to in paragraph (1)(b) or (c)

  (6) If an operator implements an extended repair plan for a reason referred to in paragraph (1)(b) or (c), the operator must cease filling the tank with any volatile petroleum liquids beginning on the day after the day on which the applicable time limit set out in section 100 ends.

• Marginal note:Update and notification

  (7) An operator that implements an extended repair plan must

  • (a) if there is a change to the information referred to in items 9 to 11 of Schedule 9, update and resubmit the extended repair plan to the Minister as soon as feasible before the change takes effect; and

  • (b) notify the Minister of the day on which the tank is removed from service within five days after that day.

Approvals

Marginal note:Federal, provincial or municipal approval

• 107 (1) If the measures that an operator has to take to repair a defect require approval from a federal, provincial or municipal authority, the following periods are not included in the calculation of the time limits set out in subsections 90(1) and 100(1), (3) and (4), subsection 105(1) and section 106, as applicable:

  • (a) a single period beginning on the day on which the defect is detected and ending 14 days after that day, so that the approval may be requested from the federal, provincial or municipal authority; and

  • (b) any period during which the federal, provincial or municipal authority’s approval is pending.

• Marginal note:Request as soon as feasible

  (2) The operator must request the approval of the federal, provincial or municipal authority as soon as the circumstances permit.

Inventory

Marginal note:Inventory

108 The operator of a facility must establish and maintain an inventory in respect of the facility that contains the information referred to in Schedule 10.

Record-Keeping

Records

Marginal note:Emissions control equipment

109 The operator of a facility must maintain, in respect of each piece of emissions control equipment at the facility, a record that contains the following information and any supporting documents:

• (a) the identifier of the emissions control equipment;

• (b) the type of emissions control equipment and the identifier of the tank or loading rack on which it was installed;

• (c) the year of installation of the emissions control equipment on the tank or loading rack;

• (d) the design specifications of the emissions control equipment;

• (e) if the emissions control equipment is a vapour control system

  • (i) the dates and the duration of the periods during which the vapour control system is in service and not in service,

  • (ii) for each period during which the vapour control system is not in service, the reasons why it is not in service and an indication of whether the tank or loading rack on which it is installed is in service during that period,

  • (iii) the total duration of the periods in a calendar year during which the operation of the vapour control system is interrupted for maintenance or repair under paragraph 56(2)(a),

  • (iv) the standard operating procedures kept under section 55,

  • (v) a maintenance plan for the vapour control system that includes

    • (A) the dates on which it is expected to be removed from service or returned to service and the reasons for the removal or return,

    • (B) the latest allowable dates of the next inspections under subsections 86(1) and (2), and

    • (C) the latest allowable date of the next performance test under section 87,

  • (vi) information on the performance tests of the vapour control system required under section 87, including

    • (A) the date of each test performed,

    • (B) if a test was omitted or was not performed within the required time limit, the reason why,

    • (C) for each test performed, the relevant parameters referred to in subsection 54(3) used to establish the vapour control system's performance, if applicable,

    • (D) the test method followed for each test,

    • (E) the instruments used to perform each test,

    • (F) the calibration test method for the instruments used to perform each test, the dates of the calibration tests and the results of the calibration tests,

    • (G) the operating conditions under which each test was performed,

    • (H) the results of each test and all data collected during each test,

    • (I) any discrepancies identified between the results of any test and the performance indicated by the continuous monitoring device, if applicable, and

    • (J) the name of the person who performed each test and the name of their employer;

• (f) if the emissions control equipment is a vapour recovery system or vapour destruction system,

  • (i) any monitoring data generated by its continuous monitoring device in accordance with paragraph 54(1)(a) during the previous 12 months, and

  • (ii) any information on the accuracy and relevance, as determined in accordance with subsections 54(2) and (3), of the measurements generated by its continuous monitoring device during the previous 12 months;

• (g) if the emissions control equipment is a pressure-vacuum vent, any data in respect of its calibration under paragraph 78(c);

• (h) information demonstrating that the requirements set out in section 59 have been met, if applicable;

• (i) if the emissions control equipment is a vapour control system, information on the inspections required under section 86, including

  • (i) the date of each inspection performed,

  • (ii) if an inspection was omitted or was not performed within the required time limits, the reason why,

  • (iii) an indication of whether each inspection was performed visually or using a leak detection instrument and, in the latter case, the type of instrument used and its identifier,

  • (iv) the results of each inspection, including a description and the location of any detected leak or defect, and

  • (v) the name of the person who performed each inspection and the name of their employer;

• (j) if the emissions control equipment is a pressure-vacuum vent, information on the inspections required under section 104, including

  • (i) the date of each inspection performed,

  • (ii) if an inspection was omitted or not performed within the required time limits, the reason why,

  • (iii) the results of each inspection, including a description and the location of any detected leak or defect, and

  • (iv) the name of the person who performed each inspection and the name of their employer; and

• (k) if the emissions control equipment is a vapour control system or pressure-vacuum vent, information on any detected defect of it referred to in subsection 90(3) or 105(2), including, as applicable,

  • (i) the date on which the defect is detected,

  • (ii) a description of the defect,

  • (iii) the date of which the defect is repaired,

  • (iv) a description of the repair and the results of any necessary tests or inspections that are performed to confirm whether the repair is successful,

  • (v) an indication of whether the repair was performed while the tank or loading rack on which it is installed was in service, and

  • (vi) the reasons why the defect was not repaired within the time limit set out in subsection 90(1) or 105(1), if applicable.

Marginal note:Tanks

• 110 (1) The operator of a facility must maintain, in respect of each tank at the facility designated under section 12, a record that contains the following information and any supporting documents:

  • (a) the identifier of the tank;

  • (b) the year of the tank’s installation and the design specifications of the tank, including

    • (i) the internal volume of the tank, calculated in accordance with section 15,

    • (ii) the height and diameter of the tank, and

    • (iii) the type and identifier of any emissions control equipment installed on the tank;

  • (c) the description of each liquid stored in the tank and the dates on which the tank contained the liquid, including, in the case of a volatile petroleum liquid, its vapour pressure, benzene concentration and, if it is an oil-water mixture, VOC concentration;

  • (d) if the interior of the tank is cleaned for the purposes of paragraph 7(2)(a), the value of the LEL% inside the tank, the identifier of the instrument that was used to determine that value and an indication of whether mechanical ventilation was used during that determination;

  • (e) the category to which the tank was designated to belong under section 12, the date on which it was first designated, any changes made to the designation, the date on which those changes were made and the reasons for those changes;

  • (f) if the tank is used as an intermittent service tank under subsection 10(1), information to establish that it has been in service for 300 hours or less per calendar year and, if applicable, the statistical or engineering analysis referred to in subsection 10(3);

  • (g) if the tank is used as a surge tank under subsection 11(1), a description of the abnormal operating conditions and the liquids transferred into the tank and the dates on which the liquids were transferred to or removed from the tank;

  • (h) a maintenance plan for the tank that includes

    • (i) the dates of any scheduled maintenance and an indication of whether the tank will be removed from service during the maintenance, and

    • (ii) the latest allowable dates of the next inspections under subsections 91(1), 93(1), 94(1) and 95(1) and sections 96 and 97, as applicable, considering any applicable reduction of an inspection interval under section 99;

  • (i) the dates and the duration of any periods during which the tank’s internal floating roof or external floating roof was resting on a support structure or suspended under subsection 61(2) or (3) or 70(2), as applicable;

  • (j) information on the inspections of the tank or its internal floating roof or external floating roof required under subsection 91(1), 92(7), 93(1), 94(1) or 95(1) or sections 96 or 97, as applicable, including

    • (i) the date of each inspection performed,

    • (ii) if an inspection was omitted, the reason why and an indication of whether the inspection was omitted under subsection 91(2),

    • (iii) if an inspection was not performed within the applicable time limit, the reason why and an indication of whether the inspection was delayed under subsection 94(2),

    • (iv) the provision of these Regulations under which each inspection was performed,

    • (v) the results of each inspection, including a description and the location of any detected defects,

    • (vi) for each inspection of an internal floating roof,

      • (A) the measured LEL% in the space above the internal floating roof and the baseline LEL% calculated under section 92,

      • (B) the identifier of the instrument that was used to measure the LEL%,

      • (C) an indication of whether the measurement was part of a second inspection under subsection 92(7),

      • (D) the estimated wind speed at the time that the measurement was taken, and

      • (E) the volume of liquid in the tank at the time that the measurement was taken and eight hours before that time, and

    • (vii) the name of the person who performed each inspection, the name of their employer, and in the case of an inspection performed under subsection 93(1) or section 96, proof demonstrating that the person holds the certificate required under section 98;

  • (k) testing and inspection records referred to in paragraph 93(2)(a) that are used to establish when the 20-year period referred to in subsection 93(1) begins, if applicable;

  • (l) information on any detected defect referred to in subsection 100(5) or 101(1) of the tank or its internal floating roof or external floating roof, including, as applicable,

    • (i) the date on which the defect was detected,

    • (ii) a description of the defect,

    • (iii) the date on which the defect was repaired,

    • (iv) a description of the repair and the results of any necessary tests or inspections that are performed to confirm whether the repair is successful,

    • (v) if the defect was not repaired within the applicable time limit set out in section 100, the reason why,

    • (vi) if the tank’s internal floating roof or external floating roof has a defect referred to in subsection 101(1)

      • (A) the date on which the operator ceased filling the tank with volatile petroleum liquid,

      • (B) the date on which the operator emptied the tank of all volatile petroleum liquid in accordance with paragraph 101(2)(a), or the date on which the operator equipped the tank with a temporary vapour control system in accordance with paragraph 101(2)(b) and the date on which use of the temporary system began, as applicable, and

      • (C) the factors taken into account in the choice of measures referred to in subsection 101(2), and

    • (vii) if a rim seal of the tank has a defect, information on any determinations made for the purposes of subsections 100(3) and (4), including

      • (A) the date on which the person referred to in paragraph 100(3)(b) determined that the tank is free of any other defects, the name of that person, the name of their employer and proof demonstrating that the person holds the certificate required under that paragraph,

      • (B) the date on which the operator determined under subsection 100(4) that the defect of the rim seal could not be repaired while the tank is in service, if applicable, and

      • (C) an indication of whether the repair was attempted while the tank is in service;

  • (m) a copy of any VOC emissions minimization plan developed under subsection 103(1) in respect of the tank, including an indication of any deviations to the measures included in the plan and the date on which the plan was completed;

  • (n) if the operator implements an extended repair plan in respect of the tank under subsection 106(1) for one of the reasons referred to in paragraph 106(1)(b) or (c), the date on which the operator ceased filling the tank with any volatile petroleum liquids; and

  • (o) an indication of whether the tank has been designated under subsection 125(1) as a deferred application tank and, if applicable, the expected date on which the designation will no longer apply to the tank.

• Marginal note:Other tanks

  (2) The operator must maintain, in respect of each tank at the facility not designated under section 12 that has an internal volume greater than or equal to 150 m³, a record that contains the following information and any supporting documents:

  • (a) the identifier of the tank;

  • (b) the internal volume of the tank;

  • (c) the height and diameter of the tank; and

  • (d) a description of the liquid stored in the tank, if any.

Marginal note:Fenceline monitoring program

111 If the operator of a facility continues, under section 44, to use an internal floating roof or external floating roof instead of a vapour control system to control VOC emissions, the operator must maintain a record that contains the following information and any supporting documents in relation to the fenceline monitoring program at the facility:

• (a) a diagram of the facility that includes the property boundary, fenceline, sampling locations, petroleum processing equipment, tanks, loading racks and wastewater treatment areas;

• (b) a description of the analysis used to select the fenceline, including the method used, the factors taken into account and the calculations, if any, carried out;

• (c) the number of sampling tubes, their location at the fenceline and a description of the analysis used to select their locations including the method used, the factors taken into account and the calculations, if any, carried out; and

• (d) for each sampling period,

  • (i) the start and end dates of the sampling period,

  • (ii) the benzene concentration measured at each sampling location, together with the benzene concentration measured in each field blank and in each duplicate sample,

  • (iii) meteorological data from a meteorological station located at the facility or within 40 km of the fenceline, including wind speed, wind direction, temperature and barometric pressure, measured on an hourly basis,

  • (iv) an indication of whether data collected during the sampling period was excluded under subsection 45(3), if applicable, and

  • (v) the arithmetic average of the benzene concentration measured during the 26 most recent sampling periods at each sampling location, taking into account any replacements made in accordance with subsection 45(4).

Marginal note:Loading racks

• 112 (1) The operator of a facility must maintain, in respect of each loading rack at the facility designated under section 13 other than one designated under paragraph 13(c), a record that contains the following information and any supporting documents:

  • (a) the identifier of the loading rack;

  • (b) the year of the loading rack’s installation and the design specifications of the loading rack, including the type and identifier of any emissions control equipment installed on the loading rack;

  • (c) the types of vehicles loaded with the loading rack;

  • (d) information on each volatile petroleum liquid that is loaded with the loading rack, including

    • (i) a description of the volatile petroleum liquid, including its vapour pressure, benzene concentration and, if it is an oil-water mixture, VOC concentration,

    • (ii) the volume of the volatile petroleum liquid that is loaded each day while the emissions control equipment is in service, and

    • (iii) the volume of the volatile petroleum liquid that is loaded each day while the emissions control equipment is not in service;

  • (e) the category to which the loading rack was designated to belong under section 13, the date on which it was first designated, any changes made to the designation, the date on which those changes were made and the reasons for those changes;

  • (f) the total volume of liquids switch loaded with the loading rack in each calendar year without the use of a vapour control system or a declaration from the authorized official that less than 30% of the total volume of liquids loaded in the calendar year with the loading rack was switch loaded without the use of a vapour control system; and

  • (g) an indication of whether the loading rack has been designated under subsection 125(1) as a deferred application loading rack and, if applicable, the expected date on which the designation will no longer apply to the loading rack.

• Marginal note:Other loading racks

  (2) The operator must maintain a record containing the following information and supporting documents in respect of each loading rack at the facility not designated under section 13 and each loading rack designated under paragraph 13(c):

  • (a) the identifier of the loading rack;

  • (b) the description of the liquids loaded with the loading rack, if any; and

  • (c) in the case of a loading rack designated under paragraph 13(c), the loading factor of the loading rack or a declaration from the authorized official that the total loading factor does not exceed 0.04.

• Marginal note:Loading factors

  (3) The operator must maintain a record that contains the total loading factor and maximum daily loading factor of the facility and any supporting documents.

• Marginal note:Modification of loading factor

  (4) The operator must maintain a record of any modification under subsection 16(2) of the calculation of the loading rack’s loading factor that contains the following information and any supporting documents:

  • (a) the identifier of the loading rack;

  • (b) the types of vehicles loaded with the loading rack;

  • (c) a description of the exceptional event that led to the modification;

  • (d) the start and end dates of the exceptional event;

  • (e) the start and end dates of the period during which the exceptional event caused the volume of volatile petroleum liquids loaded with the loading rack to increase;

  • (f) the volume of each volatile petroleum liquid loaded per day during the period referred to in paragraph (e);

  • (g) the volume of each volatile petroleum liquid loaded as determined in accordance with subparagraph 1(c)(iv) of Schedule 1; and

  • (h) a document setting out the reasons why the authorized official made the determination referred to in subsection 16(2), dated and signed by the authorized official.

• Marginal note:Vehicle-to-vehicle loading

  (5) The operator must maintain a record of the dates on which vehicle-to-vehicle loading is performed at the facility, the types of vehicles used for the loading and the distance from the loading location to the nearest occupied building.

Marginal note:Sample of liquids

113 The operator of a facility must maintain, in respect of each sample taken at the facility for the purposes of determining the vapour pressure, benzene concentration or VOC concentration of a liquid stored in a tank or loaded with a loading rack, a record that contains the following information and any supporting documents:

• (a) a description of the liquid;

• (b) the identifier of the tank or loading rack from which the sample was taken;

• (c) the date on which the sample was taken, the name of the person who took the sample, the name of their employer and the sampling method used;

• (d) the date on which the sample was tested, the name of the person who performed the test, the name of their employer and the test method used to determine the vapour pressure, the benzene concentration or the VOC concentration of the liquid;

• (e) the test conditions and the results of the test; and

• (f) any information needed to identify the sample and link it to the test results.

Marginal note:Instrument and continuous monitoring device

114 The operator of a facility must maintain a record that contains the following information and any supporting documents in respect of each instrument or continuous monitoring device used at the facility for the purposes of these Regulations:

• (a) in the case of an instrument, its the identifier;

• (b) the design specifications of the instrument or continuous monitoring device; and

• (c) the results of each calibration or test performed on the instrument or continuous monitoring device, the date on which it was performed, the name of the person who performed it and the name of their employer.

Marginal note:Measurements and calculations

115 An operator must maintain a record, along with any supporting documents, of each measurement or calculation that is used to determine the value of a variable of a formula set out in these Regulations, including the methodology that is used to determine that value.

Marginal note:Units of measurement

116 Unless otherwise specified, all units of measurement used in any record, notice, plan or report required or application submitted under these Regulations must be expressed using the following units:

• (a) in the case of the volume of a tank, m³;

• (b) in the case of the volume of a fluid, standard m³;

• (c) in the case of the benzene concentration of a liquid, % by weight;

• (d) in the case of VOC concentration of a liquid, % by weight;

• (e) in the case of vapour pressure, kPa;

• (f) in the case of the benzene concentration measured under a fenceline monitoring program, μg/m³; and

• (g) in the case of a distance, metric units.

Marginal note:Person performing sampling

• 117 (1) The operator of a facility must maintain a record that contains the following information and any supporting documents in respect of any person performing sampling at the facility for the purposes of these Regulations:

  • (a) the name, title and business address of the person and the name of their employer;

  • (b) an indication of whether the person meets the requirements set out in at least one of paragraphs 22(a) to (c) and which one;

  • (c) if the person is a qualified professional, their qualifications; and

  • (d) in the case of a person who meets the requirements set out in paragraph 22(b) or (c), the qualifications of the qualified professional referred to in that paragraph.

• Marginal note:Person performing testing

  (2) The operator must maintain a record that contains the following information and any supporting documents in respect of any person performing testing required under sections 23 to 25:

  • (a) the name, title and business address of the person and the name of their employer;

  • (b) an indication of whether the person meets the requirements set out in at least one of paragraphs 29(a) to (c) and which one;

  • (c) if the person is a qualified professional, their qualifications; and

  • (d) in the case of a person who meets the requirements set out in paragraph 29(b) or (c), the qualifications of the qualified professional referred to in that paragraph.

• Marginal note:Training — emissions control equipment

  (3) The operator must maintain a record that contains the following information and any supporting documents in respect of any training completed by any person in relation to the activities referred to in section 35:

  • (a) the name, title and business address of the person and the name of their employer;

  • (b) the name of the entity that provides the training;

  • (c) a description of the training; and

  • (d) the date on which the training is completed.

Marginal note:Person designated as operator

118 If the operator is a person who is designated under a written agreement referred to in paragraph (b) of the definition operator in subsection 1(1), the operator must keep a record of that agreement.

Marginal note:Person designated as authorized official

119 If the authorized official is a person who is the subject of a designation referred to in the definition authorized official in subsection 1(1), the operator must keep a record of that designation.

Marginal note:Notices, plans and reports

120 An operator must maintain a record, including any supporting documents, of any notices, plans or reports required under these Regulations.

Marginal note:Information submitted electronically

• 121 (1) Any application, notice, plan or report submitted to the Minister under these Regulations must be submitted, dated and signed electronically by an authorized official in the form and format specified by the Minister.

• Marginal note:Paper submission

  (2) If no electronic form and format is specified or it is impractical to submit the application, notice, plan or report electronically in accordance with subsection (1) because of circumstances beyond the control of the operator , they must be submitted on paper, and dated and signed by an authorized official in the form and format, if any, specified by the Minister. However, if no form and format have been so specified by the Minister, they may be in any form and format.

• Marginal note:Subsection 124(3)

  (3) Despite subsections (1) and (2), the dated signature of the authorized official is not required when notifying the Minister under subsection 124(3) of any change to the information provided.

Marginal note:Minister’s request — records

• 122 (1) On the Minister’s request, the operator of a facility must, within 30 days after the day on which the request is made, provide the Minister with a copy of any records that the operator is required to maintain under these Regulations.

• Marginal note:Minister’s request — sample

  (2) The operator must make available to the Minister and, on the Minister’s request, provide the Minister, at an address and in a manner specified in the request, with a sample of any liquid that is contained in a tank or that is loaded with a loading rack at the facility.

Retention of Records

Marginal note:Information recorded

• 123 (1) Except as otherwise provided in these Regulations, the operator of a facility must ensure that all information that they are required to record under these Regulations, is recorded as soon as feasible but no later than 30 days after the information to be recorded becomes available.

• Marginal note:Period

  (2) The operator must ensure that any record that they are required to maintain under these Regulations is retained for at least six years after the day on which the record is made or updated.

• Marginal note:Inspections — subsection 93(1)

  (3) Despite subsection (2), the records of any inspection of the interior of a tank and an internal floating roof performed under subsection 93(1) and any repair made as a result of the inspection must be retained until the day on which the next inspection is performed under that section.

• Marginal note:Electronically readable format

  (4) Records that are retained electronically must be in an electronic format that is compatible with the format that is used by the Minister.

• Marginal note:Location of records

  (5) The records must be retained at the facility or at any other place in Canada where the records can be inspected.

• Marginal note:Language

  (6) All records that are required to be maintained under these Regulations must be in English or French or, if in another language, be accompanied by a translation into English or French and an affidavit attesting to the accuracy of the translation.

Registration of Facility

Marginal note:Report of registration

• 124 (1) An operator must submit to the Minister, for each facility that they operate, a report of registration that contains the information referred to in Schedules 10 and 11.

• Marginal note:Time limit — submission

  (2) The operator must submit the report of registration within 30 days after the day on which the facility begins to operate or within 120 days after the day on which these Regulations come into force, whichever is later.

• Marginal note:Change of information

  (3) The operator must notify the Minister of any change to the information referred to in items 1 to 3 and 7 in Schedule 11 within 15 days after the day on which the change occurs.

• Marginal note:Update

  (4) Each calendar year, the operator must, within 30 days after the anniversary of the day on which these Regulations come into force, submit to the Minister an update of the information referred to in Schedule 10 and in items 1 to 9 and 12 of Schedule 11 or notify the Minister that there has been no change to the information.

Deferred Application to Existing Tanks and Existing Loading Racks

Marginal note:Designation

• 125 (1) Subject to subsections (2), (3) and (4) and sections 126 to 130, the operator of a facility may designate an existing tank as a deferred application tank or existing loading rack as a deferred application loading rack and extend the non-application of the requirements referred to in section 135, for as long as the designation applies to the tank or loading rack.

• Marginal note:High benzene

  (2) A designation referred to in subsection (1) must not be applied to an existing high benzene tank or to an existing high benzene loading rack.

• Marginal note:At least two existing tanks

  (3) An existing tank at a facility may be designated under subsection (1) only if at least two existing tanks at the facility meet one of the following criteria:

  • (a) they have been equipped with an internal floating roof after the day on which these Regulations come into force;

  • (b) they have been equipped with a vapour control system after the day on which these Regulations come into force; or

  • (c) they have been removed from service to complete a repair under section 100 or 101 after the day on which these Regulations come into force.

• Marginal note:At least one existing loading rack

  (4) In the case of a facility with a total loading factor that is greater than or equal to 8 on the day on which these Regulations come into force, an existing loading rack at that facility may be designated under subsection (1) only if at least one existing loading rack at the facility has been equipped with a vapour control system after that day.

Marginal note:Fourth year — existing tanks

• 126 (1) In the fourth year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

  • (a) 20%, rounded up to the nearest whole number, of the total number of tanks indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

  • (b) 12.

• Marginal note:Two existing loading racks

  (2) In the fourth year after the day on which these Regulations come into force, the number of existing loading racks at a facility that are designated under subsection 125(1) must not exceed two.

Marginal note:Fifth year — existing tanks

• 127 (1) In the fifth year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

  • (a) 15%, rounded up to the nearest whole number, of the total number of tanks indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

  • (b) nine.

• Marginal note:One existing loading rack

  (2) In the fifth year after the day on which these Regulations come into force, the number of existing loading racks at a facility that are designated under subsection 125(1) must not exceed one.

Marginal note:Sixth year — existing tanks

• 128 (1) In the sixth year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

  • (a) 10%, rounded up to the nearest whole number, of the total number of tanks indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

  • (b) six.

• Marginal note:No existing loading racks

  (2) Beginning in the sixth year after the day on which these Regulations come into force, there must not be any existing loading racks at a facility that are designated under subsection 125(1).

Marginal note:Seventh year — existing tanks

129 In the seventh year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

• (a) 5%, rounded up to the nearest whole number, of the total number of tanks at the facility indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

• (b) three.

Marginal note:Eighth year — no existing tanks

130 Beginning in the eighth year after the day on which these Regulations come into force, there must not be any existing tanks at a facility that are designated under subsection 125(1).

Transitional Provisions

Marginal note:Existing vapour control systems

• 131 (1) Despite subsection 33(2), the requirements set out in sections 50 to 55, subsection 58(1), sections 59 and 86 to 90 do not apply to existing vapour control systems until the first anniversary of the day on which these Regulations come into force.

• Marginal note:Exception

  (2) Despite subsection 33(2), the requirements set out in section 36 and subsection 58(2) do not apply to existing vapour recovery systems or existing vapour destruction systems until the third anniversary of the day on which these Regulations come into force.

Marginal note:Existing tanks — internal floating roofs

132 Despite subsection 33(2), the requirements set out in sections 62 to 63, subsection 64(2) and sections 66 to 68 do not apply to existing tanks equipped with an internal floating roof that was installed before the day on which these Regulations come into force until the day on which

• (a) an inspection of the tank is performed in accordance with subsection 93(1);

• (b) the time limit for the inspection of the tank under subsection 93(1) has passed; or

• (c) in the case of a tank that is removed from service, the tank is returned to service.

Marginal note:First anniversary — existing tanks

133 Despite subsection 33(2), the requirements set out in sections 78, 79, 91, 92 and 94 to 96, subsections 100(1) to (5) and sections 103 to 105 do not apply to existing tanks until the first anniversary of the day on which these Regulations come into force.

Marginal note:Existing high benzene tanks

• 134 (1) Despite subsection 33(1) and subject to subsections (2) and (3), the requirements set out in section 38 do not apply to existing high benzene tanks until the first anniversary of the day on which these Regulations come into force.

• Marginal note:Three or more tanks

  (2) Subject to subsection (3), if, on the day on which these Regulations come into force, a facility has three or more existing high benzene tanks that contain a liquid with a benzene concentration greater than 20% by weight and that do not meet the requirements set out in section 38, the operator of that facility must

  • (a) ensure that on the first anniversary of that day, at least two of the existing high benzene tanks meet the requirements of section 38 and that the remainder of the existing high benzene tanks are no longer high benzene tanks or are equipped with a temporary vapour control system; and

  • (b) ensure that on the second anniversary of the day on which these Regulations come into force, all of the existing high benzene tanks meet the requirements of section 38 or are no longer high benzene tanks.

• Marginal note:Exception — Interim Order

  (3) If an existing high benzene tank is located at a facility that was subject to the Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario made by the Minister on May 16, 2024 and published in Part 1 of the Canada Gazette on May 21, 2024, the requirements of section 38 apply to that existing high benzene tank beginning on the day on which these Regulations come into force.

• Marginal note:Existing high benzene loading racks

  (4) Despite subsection 33(1), the requirements under section 42 do not apply to existing high benzene loading racks until the first anniversary of the day on which these Regulations come into force.

Marginal note:Third anniversary — existing tanks

• 135 (1) Despite subsection 33(1), the requirements set out in sections 38 to 40 do not apply to existing tanks, other than existing high benzene tanks, until the third anniversary of the day on which these Regulations come into force.

• Marginal note:Existing tanks — external floating roofs

  (2) Despite subsection 33(2), the requirements set out in sections 71 and 72, subsections 73(2) to (4) and sections 75 to 77 do not apply to existing tanks equipped with an external floating roof that was installed before the day on which these Regulations come into force until the third anniversary of that day.

• Marginal note:Existing loading racks

  (3) Despite subsection 33(1) and subject to section 136, the requirements set out in section 42 do not apply to existing loading racks, other than existing high benzene loading racks, until the third anniversary of the day on which these Regulations come into force.

Marginal note:Fourth anniversary

136 The requirements set out in section 42 do not apply to existing loading racks that are used to load to ships or transport barges, other than existing high benzene loading racks, until the fourth anniversary of the day on which these Regulations come into force.

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

137 [Amendments]

Coming into Force

Marginal note:Registration

• 138 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

• Marginal note:120th day after registration

  (2) Subsection 43(3) and section 49 come into force on the 120th day after the day on which these Regulations are registered.