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

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

Marginal note:Action plan

• 49 (1) An operator must develop and implement an action plan before

  • (a) reducing the level of liquid in a high benzene tank such that its internal floating roof or external floating roof no longer floats at all times on the surface of the liquid;

  • (b) cleaning the interior of a high benzene tank; or

  • (c) replacing the primary seal of the internal floating roof or external floating roof of a high benzene tank.

• Marginal note:Contents of plan

  (2) The operator must submit the action plan to the Minister at least 30 days before the day on which the operator intends to implement the plan and the plan must contain the information referred to in Part 3 of Schedule 3.

• Marginal note:Plans — conditions

  (3) Within 15 days after the day on which the action plan is received, the Minister must notify the operator in writing if the Minister requires the operator to include conditions in the plan respecting

  • (a) monitoring;

  • (b) the repair of a defect of a high benzene tank, internal floating roof, external floating roof or primary seal and the applicable time limits;

  • (c) the replacement of a primary seal and the applicable time limits;

  • (d) the use of an internal floating roof, external floating roof or temporary vapour control system or any other emissions control equipment;

  • (e) the implementation of other VOC emissions reduction measures;

  • (f) reporting and notification;

  • (g) record-keeping; and

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

• Marginal note:Revised action plan

  (4) If the Minister requires the operator to include conditions in the action plan under subsection (3), the operator must not implement the action plan until the operator submits a revised action plan to the Minister including those conditions.

• Marginal note:Implementation

  (5) Despite the time limit referred to in subsection (2), the operator may implement the action plan if the Minister has notified the operator in writing that they may do so.

• Marginal note:Update and notification

  (6) The operator must notify the Minister of the completion of any activity referred to in subsection (1) within five days after the day on which the activity is completed.

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.