Benzene in Gasoline Regulations (SOR/97-493)

Benzene Emissions Number — Prohibition and Alternative Limits

• 17 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for the benzene emissions number on the basis of a yearly pool average shall supply

  • (a) a batch during the summer that has a benzene emissions number exceeding 102;

  • (b) a batch during the winter that has a benzene emissions number exceeding 132; or

  • (c) gasoline if the yearly pool average for the benzene emissions number, determined in accordance with section 18, exceeds 59.5.

• (2) Despite subsection (1), a primary supplier may elect to be subject to limits alternative to those specified in that subsection if the primary supplier submits to the Minister, by registered mail or courier, before December 1, 1998,

  • (a) laboratory and volumetric data on each model parameter, measured using the methods described in section 5 or 6, for gasoline supplied by the primary supplier during one of the years 1994, 1995 and 1996;

  • (b) alternative limits for one or more of the limits specified in subsection (1) established in accordance with subsection (3); and

  • (c) written evidence that all laboratory and volumetric data and the alternative limits provided have been verified by an auditor.

• (3) The primary supplier must establish the alternative limits from the laboratory and volumetric data submitted under paragraph (2)(a), adjusted to reflect the compositional requirements of these Regulations for benzene, by using one of the following methods:

  • (a) if values for the model parameters exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by

    • (i) if the concentration of benzene for a batch exceeds 1.5% by volume, setting the value used for the concentration of benzene for that batch to 1.5% by volume,

    • (ii) once the adjustment required by subparagraph (i) has been made for all batches, calculating the benzene emissions number for each batch,

    • (iii) separately calculating for the summer and for the winter the 95th percentile of the benzene emissions numbers calculated in accordance with subparagraph (ii), and using the obtained values as limits alternative to those specified in paragraphs (1)(a) and (b), respectively, for the purposes of paragraph (2)(b),

    • (iv) setting the value used for the concentration for benzene for each batch to 0.95% by volume,

    • (v) once the adjustment required by subparagraph (iv) has been made for all batches, calculating the benzene emissions number for each batch, and

    • (vi) calculating the primary supplier’s limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the individual benzene emissions numbers calculated under subparagraph (v), and using that value for the purposes of paragraph (2)(b); and

  • (b) if values for the model parameters do not exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by

    • (i) calculating the average, on a volume-weighted basis, of each of the model parameters for both the summer and the winter of the applicable year,

    • (ii) setting the values used for the summer and winter averages for benzene to 0.95% by volume,

    • (iii) calculating the average summer benzene emissions number and the average winter benzene emissions number using the summer average and winter average of each model parameter, respectively, adjusted in accordance with subparagraph (ii),

    • (iv) calculating the limits alternative to those specified in paragraphs (1)(a) and (b) by multiplying by 2 the average summer benzene emissions number and the average winter benzene emissions number, respectively, calculated in accordance with subparagraph (iii), and using those alternative limits for the purposes of paragraph (2)(b), and

    • (v) calculating the limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the average summer benzene emissions number and the average winter benzene emissions number, calculated in accordance with subparagraph (iii), and using that value for the purposes of paragraph (2)(b).

• (4) The primary supplier may use the alternative limits provided under paragraph (2)(b) instead of the limits specified in subsection (1) on condition that the Minister determines that the laboratory and volumetric data provided under paragraph (2)(a) are representative of gasoline supplied by the primary supplier during the applicable year.

• (5) A primary supplier who has elected under subsection (2) to be subject to alternative limits may rescind that election by notifying the Minister in writing to that effect, and thereafter the primary supplier is subject to the limits specified in subsection (1).

Calculating a Yearly Pool Average

• 18 (1) Effective July 1, 1999 and subject to subsections (2) to (6), every primary supplier must calculate, for the purposes of sections 16 and 17, separate yearly pool averages for

  • (a) the gasoline manufactured in each of its refineries;

  • (b) the gasoline blended in each of its blending facilities; and

  • (c) imported gasoline, on the basis of province of importation.

• (2) To calculate its yearly pool average, a primary supplier must

  • (a) include all batches that it supplied during the year that were identified under subsection 9(1) or (2) as complying gasoline or northern winter complying gasoline; and

  • (b) exclude

    • (i) all batches that it supplied during the year that were identified under subsection 9(1) as a type of gasoline other than complying gasoline or northern winter complying gasoline,

    • (ii) all batches that were exported by the primary supplier or by an agent or affiliate of the primary supplier, and

    • (iii) all batches of complying gasoline that the primary supplier obtained from another person.

• (3) If a batch is imported and delivered to a refinery or a blending facility, the primary supplier may use a combined yearly pool average for the refinery or blending facility and the imported gasoline if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

• (4) If a primary supplier imports, or dispatches from its refinery, a batch of gasoline-like blendstock to a blending facility where it is subsequently blended resulting in complying gasoline, the primary supplier may use a combined yearly pool average for the blending facility and the refinery, or in the case of an importer, the blending facility and its applicable provincial yearly pool average, if

  • (a) the primary supplier owns the batch of gasoline-like blendstock;

  • (b) the batch of gasoline-like blendstock is segregated from all other batches of gasoline stored at the blending facility; and

  • (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

• (5) If a primary supplier imports, or dispatches from its refinery, a batch of complying gasoline that is subsequently mixed with a commercially pure oxygenate or commercially pure butane in a facility, including a mobile facility, the primary supplier may adjust the model parameters of the batch to reflect the addition of the commercially pure oxygenate or the commercially pure butane that is mixed with the batch and may use the adjusted model parameters, instead of the measured model parameters, in calculating the yearly pool average for its refinery, or in the case of an importer, its applicable provincial yearly pool average, if

  • (a) the primary supplier owns the batch of complying gasoline;

  • (b) the primary supplier’s refinery or source of importation is the facility’s sole source of gasoline, unless the facility is mobile; and

  • (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

• (6) For the purpose of calculating a yearly pool average, a primary supplier may combine several yearly pool averages calculated under subsection (1) if

  • (a) the combined yearly pool average represents an annual volume of gasoline of not more than 12 000 m³;

  • (b) the refineries, blending facilities and points of importation are all located in the same province; and

  • (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

Procedures for Sampling and Analysis

• 19 (1) Effective July 1, 1999 and subject to subsections (2) and (3), every primary supplier must take a sample from each batch supplied by the primary supplier using a method specified in subsection 5(1) or 6(1).

• (2) If a primary supplier receives gasoline for one or more cargo tankers or railway cars from a single batch at a storage facility and the batch is not blended, mixed with other gasoline or otherwise modified during the period in which the cargo tankers or railway cars receive gasoline from the storage facility, the primary supplier may take a sample from the batch instead of taking samples from each of the cargo tankers or railway cars if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the sample represents the gasoline in the cargo tankers or railway cars.

• (3) If a primary supplier imports, or dispatches from its refinery, to a blending facility gasoline-like blendstock for the purpose of manufacturing complying gasoline by blending with a commercially pure oxygenate or commercially pure butane, the primary supplier may take a sample of the gasoline-like blendstock instead of taking a sample from the resulting gasoline if the primary supplier

  • (a) is using a combined yearly pool average for the facilities under subsection 18(4);

  • (b) analyses each sample in accordance with subsection (4);

  • (c) analyses or calculates the effect of blending the gasoline-like blendstock with the commercially pure oxygenate or commercially pure butane on the model parameters of the sample of gasoline-like blendstock analysed under subsection (4);

  • (d) computes the model parameters of the resulting gasoline according to the effect calculated under paragraph (c) on the model parameters of the gasoline-like blendstock analysed under paragraph (b);

  • (e) maintains a record of

    • (i) the values of the model parameters of the gasoline-like blendstock,

    • (ii) the volumes of the commercially pure oxygenate and commercially pure butane added to the gasoline-like blendstock,

    • (iii) the volumes of the gasoline-like blendstock and the resulting gasoline,

    • (iv) the calculations performed under paragraph (c), and

    • (v) the model parameters computed under paragraph (d); and

  • (f) reports the volume of the resulting gasoline and the adjusted model parameters and adjusted benzene emissions number in the report required by section 8.

• (4) Effective July 1, 1999, for each batch supplied by a primary supplier, the primary supplier must

  • (a) for each sample taken in accordance with this section,

    • (i) analyse the sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the benzene emissions number, or

    • (ii) subject to subsection (5), combine it with other samples, thoroughly mix the composite sample, analyse the composite sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the composite value of the benzene emissions number; or

  • (b) obtain records of analysis, as described in subsection 8(3), for each of the model parameters and calculate the benzene emissions number.

• (5) Samples may only be combined under subparagraph (4)(a)(ii) if

  • (a) the samples are the same grade of gasoline;

  • (b) the samples are either summer or winter gasoline but not both;

  • (c) the samples are mixed in the proportion of the volumes of the batches;

  • (d) the primary supplier chooses whichever of the following compositions that, when combined, requires the most frequent analysis, namely,

    • (i) the composition that represents all the batches supplied by the primary supplier for a continuous period of up to 30 days, or

    • (ii) the composition that represents batches supplied by the primary supplier that have a combined volume of up to 1 000 m³; and

  • (e) the samples are collected, handled and stored in a manner that minimizes changes in gasoline composition of the sample.

• (6) Effective January 1, 2002, a primary supplier may use a statistical quality assurance program to replace the requirements of paragraph (4)(a) for a model parameter if

  • (a) a report is sent to the Minister at least 60 days before the use of the statistical quality assurance program, containing

    • (i) a description of the statistical quality assurance program,

    • (ii) laboratory and volumetric data on the model parameter of the gasoline supplied by the primary supplier for the previous two years, and

    • (iii) an analysis of the results of the statistical quality assurance program compared to the results obtained under paragraph (4)(a) for the two years referred to in subparagraph (ii); and

  • (b) the analysis required by subparagraph (a)(iii) demonstrates that the statistical quality assurance program, for the range of values of the model parameter for individual batches and the value of the yearly pool average,

    • (i) provides equivalent results compared to the results obtained under paragraph (4)(a), or

    • (ii) projects a higher concentration of benzene and a higher value for the benzene emissions number compared to that obtained under paragraph (4)(a).

• (7) No primary supplier shall continue to use the statistical quality assurance program referred to in subsection (6) if

  • (a) the mix of crude oil used to manufacture the gasoline is changed in a way that would result in the requirements of paragraph (6)(b) not being met;

  • (b) any equipment is installed or modified at the refinery or blending facility that would result in the requirements of paragraph (6)(b) not being met; or

  • (c) the primary supplier is convicted of an offence under the Act in respect of these Regulations.

• (8) Effective July 1, 1999, every primary supplier must retain in Canada

  • (a) any sample collected for the purposes of these Regulations until whichever of the following dates the primary supplier chooses, namely,

    • (i) the 30th day after the date on which the sample was analysed, or

    • (ii) the date on which the primary supplier has sampled and supplied 20 batches after the sample was analysed; and

  • (b) at least 1.7 L of the sample so that analysis for each model parameter can be performed by the Minister.