Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations (SOR/2025-88)

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.