Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector)

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on May 27, 2017, a copy of the proposed Regulations Respecting Reduction in the Release of Volatile Organic Compounds (Petroleum Sector) and the proposed Regulations Amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999), and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;^note^noteWhereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 of that Act;^noteAnd whereas the Governor in Council, in accordance with subsection 93(4) of that Act, is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that, in the opinion of the Governor in Council, provides sufficient protection to the environment and human health;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and section 286.1 of the Canadian Environmental Protection Act, 1999, makes the annexed Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector).^note

Interpretation

1Definitions#

(1)The following definitions apply in these Regulations.

authorized official means

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

liquid petroleum product means

(a)naphtha;

(b)gasoline;

(c)aviation turbine fuel;

(d)kerosene;

(e)diesel fuel;

(f)light fuel oil;

(g)heavy fuel oil;

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

(i)gas oil;

(j)lubricant basestock or petroleum-based lubricant;

(k)asphalt; or

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

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

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

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

ppmv means parts per million by volume. (ppmv)

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

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

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

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

Application

2Facilities subject to the Regulations#

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

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

(i)crude oil or bitumen,

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

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

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

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

Leak Detection and Repair Requirements

3Leak detection and repair program#

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

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

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

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

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

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

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

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

4Equipment components to be listed in inventory#

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

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

(b)equipment components that are located underground;

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

(d)bellows seal valves;

(e)diaphragm valves;

(f)storage vessels;

(g)oil-water separators; and

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

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

(a)its identification number;

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

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

(d)its location within the process unit; and

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

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

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

5Portable monitoring instruments#

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6Inspection — equipment components#

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

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

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

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

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

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

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

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

(i)the dual mechanical seal system is

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

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

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

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

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

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

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

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

7Required training#

(1)The inspections referred to in paragraphs 6(1)(b) and (2)(b), subsection 8(4) and paragraph 8(10)(b) must be carried out by an individual who, not more than 12 months before the first time that they carry out an inspection, has received training in operating, maintaining and calibrating leak detection instruments, in accordance with section 5, and carrying out inspections for leaks using those instruments.

(2)The operator must keep a record of the training completed by the individual carrying out the inspections that contains

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

(b)the date on which the training was completed;

(c)the name of the entity that provided the training; and

(d)a description of the training.

(3)The operator must retain the record, as well as any supporting documents, at the facility for at least five years.

8Repairs#

(1)An equipment component that has a significant leak must be repaired not later than 15 days after the day on which the leak is detected, unless it has been flagged for repair under subsection (6). However, before flagging an equipment component for repair under that subsection, the operator must attempt to repair the component within 15 days using generally accepted best repair practices for the component.

(2)A leak in an equipment component that is detected by using a leak detection instrument or by using sensory methods, including auditory, visual or olfactory methods, or that is detected as a result of an indication from a sensor that the component’s barrier fluid system has failed, is considered to be a significant leak unless

(a)the leak is in a heavy-liquid component and the heavy-liquid drop rate is less than three drops per minute;

(b)the leak is in a compressor and the concentration of VOCs, as measured using a portable monitoring instrument that meets the requirements of subsection 5(1), is less than 1000 ppmv; or

(c)the leak is in an equipment component, other than one referred to in paragraph (a) or (b), and the concentration of VOCs, as measured using a portable monitoring instrument that meets the requirements of subsection 5(1), is less than

(i)10,000 ppmv, if the leak is detected on or before December 31, 2026, and

(ii)1000 ppmv, if the leak is detected after December 31, 2026.

(3)If a leak in a heavy-liquid equipment component is detected by a means other than a visual inspection, the equipment component must, before it is repaired, be inspected visually for leaks.

(4)If a leak in an equipment component, other than a heavy-liquid component, is detected by a means other than a portable monitoring instrument, the component must, before it is repaired, be inspected for leaks using a portable monitoring instrument that meets the requirements of subsection 5(1).

(5)Subsections (3) and (4) do not apply if an authorized official determines that the equipment component cannot be inspected before it is repaired without exposing any individual to immediate danger.

(6)An equipment component that has a significant leak but cannot be repaired within 15 days after the day on which the leak is detected, despite the operator’s attempt to repair the component using generally accepted best repair practices for the component, must be flagged for repair — either by attaching a tag to the component or by noting the need for the repair in an electronic tracking system — as follows:

(a)if the repair does not require a full or partial shutdown of the facility, the tag or note must indicate that the equipment component is to be repaired not later than 60 days after the day on which the leak is detected; and

(b)if the repair requires a full or partial shutdown of the facility, the tag or note must indicate that the equipment component is to be repaired before the end of the next shutdown, whether full or partial.

(7)An equipment component that has a significant leak and is flagged for repair under subsection (6) must be repaired

(a)not later than 60 days after the day on which the leak is detected, if it is flagged in accordance with paragraph (6)(a); and

(b)before the end of the next shutdown, whether full or partial, if it is flagged in accordance with paragraph (6)(b).

(8)A valve, other than a control valve, that has three significant leaks in any period of 24 consecutive months must be replaced with a certified low-leaking valve or repacked with certified low-leaking valve packing within the period required by subsection (1).

(9)Subsection (8) does not apply in respect of a valve for which no certified low-leaking valve and no certified low-leaking valve are commercially available.

(10)The repair of the equipment component is considered to be completed when, following the repair,

(a)a visual inspection of the component indicates that there is no longer any significant leak in the component, if the component is a heavy-liquid component; and

(b)an inspection of the component using a portable monitoring instrument that meets the requirements of subsection 5(1) indicates that there is no longer any significant leak in the component, if the component is not a heavy-liquid component.

9Record keeping#

(1)The operator must, for each calendar year, keep a record of the following information:

(a)in respect of each portable monitoring instrument,

(i)the identification number of the instrument,

(ii)the manufacturer’s specifications for the instrument, if any,

(iii)the days on which the instrument was calibrated in accordance with paragraph 5(1)(c), as well as the name of the individual who carried out the calibration,

(iv)for each calibration gas used to carry out the calibration, the identification number of the cylinder in which the gas was stored, the certified concentration of the gas and the day on which the concentration of the gas was certified, and

(v)the days on which the instrument underwent a calibration drift assessment in accordance with paragraph 5(1)(e), as well as the name of the individual who carried out the assessment and the results of the assessment;

(b)in respect of each optical gas-imaging instrument,

(i)the identification number of the instrument,

(ii)the manufacturer’s specifications for that instrument, if any,

(iii)the days on which the instrument was checked in accordance with paragraph 5(2)(c), as well as the name of the individual who checked the instrument, and

(iv)the method and calculations used to determine the mass flow rate of the gas during each instrument check;

(c)in respect of each inspection of an equipment component carried out under subsection 6(1) or (2),

(i)the identification number of the equipment component,

(ii)the day on which the inspection was carried out,

(iii)the name of the individual who carried out the inspection,

(iv)the method used to inspect the equipment component,

(v)if the inspection was carried out visually, an indication of whether or not the heavy-liquid drop rate determined by means of the inspection was less than three drops per minute,

(vi)if the inspection was carried out using a portable monitoring instrument, the identification number of the instrument, the resulting reading and the response factor referred to in subparagraph 5(1)(c)(i), if any, that was applied, and

(vii)if the inspection was carried out using an optical gas-imaging instrument, the identification number of the instrument and an indication of whether a leak was detected;

(d)in respect of each visual inspection of a pump carried out under subsection 6(5),

(i)the identification number of the pump,

(ii)the day on which the inspection was carried out,

(iii)the name of the individual who carried out the inspection,

(iv)if the inspection was carried out on a heavy-liquid pump, an indication of whether or not the heavy-liquid drop rate determined by means of the inspection was less than three drops per minute, and

(v)if the inspection was carried out on a light-liquid pump, an indication of whether a leak was detected;

(e)in respect of each pump that is exempt from inspection under paragraph 6(3)(a),

(i)the identification number of the pump,

(ii)an indication that the pump’s dual mechanical seal system meets the requirements set out in in clause 6(3)(a)(i)(A), (B) or (C), as applicable,

(iii)an indication that the barrier fluid referred to in subparagraph 6(3)(a)(ii) contains less than 10% VOCs by weight,

(iv)an indication that the pump is equipped with the sensor referred to in subparagraph 6(3)(a)(iii), and

(v)an indication of whether or not the sensor is equipped with an audible alarm for the purpose of indicating a failure of the barrier fluid system or a mechanism that shuts down the pump in the event of such a failure;

(f)in respect of each daily sensor check carried out under subsection 6(4),

(i)the identification number of the pump that is equipped with the sensor that was checked,

(ii)the day on which the sensor check was carried out, and

(iii)the results of the sensor check;

(g)in respect of each heavy-liquid equipment component that had a leak that was detected by a means other than a visual inspection,

(i)the identification number of the equipment component,

(ii)the day on which the inspection referred to in subsection 8(3) was carried out,

(iii)the name of the individual who carried out the inspection referred to in subsection 8(3),

(iv)an indication of whether or not the heavy-liquid drop rate determined by the inspection referred to in subsection 8(3) was less than three drops per minute, and

(v)if an authorized official determined under subsection 8(5) that the component could not be inspected before it was repaired without exposing any individual to immediate danger, the name, title and business address of that official, the day on which they made that determination and their reasons for making that determination;

(h)in respect of each equipment component, other than a heavy-liquid component, that had a leak that was detected by a means other than a portable monitoring instrument,

(i)the identification number of the equipment component,

(ii)the day on which the inspection referred to in subsection 8(4) was carried out,

(iii)the name of the individual who carried out the inspection referred to in subsection 8(4),

(iv)the identification number of the portable monitoring instrument used to carry out the inspection referred to in subsection 8(4), the reading resulting from that inspection and the response factor referred to in subparagraph 5(1)(c)(i), if any, that was applied, and

(i)in respect of each equipment component that had a significant leak whose repair was possible within 15 days after the day on which the leak was detected,

(i)the identification number of the equipment component,

(ii)the day on which the repair was completed,

(iii)the name of the individual who carried out the inspection referred to in paragraph 8(10)(a) or (b), as applicable,

(iv)if the component is a heavy-liquid component, the heavy-liquid drop rate determined by the inspection referred to in paragraph 8(10)(a), and

(v)if the component is not a heavy-liquid component, the identification number of the portable monitoring instrument used to carry out the inspection referred to in paragraph 8(10)(b), the reading resulting from that inspection and the response factor referred to in subparagraph 5(1)(c)(i), if any, that was applied;

(j)in respect of each equipment component that was flagged for repair under subsection 8(6), the identification number of the equipment component and the day on which it was flagged, as well as

(i)in the case of a repair referred to in paragraph 8(6)(a),

(A)the reasons why the equipment component could not be repaired within 15 days after the day on which the leak was detected in the component and a description of the attempt made in accordance with subsection 8(1) to repair the component within that period,

(B)the day on which the repair was completed,

(C)the name of the individual who carried out the inspection referred to in paragraph 8(10)(a) or (b), as applicable,

(D)if the equipment component is a heavy-liquid component, the heavy-liquid drop rate determined by means of the inspection referred to in paragraph 8(10)(a), and

(E)if the component is not a heavy-liquid component, the identification number of the portable monitoring instrument used to carrry out the inspection referred to in paragraph 8(10)(b), the reading resulting from that inspection and the response factor referred to in subparagraph 5(1)(c)(i), if any, that was applied, and

(ii)in the case of a repair referred to in paragraph 8(6)(b),

(A)the reasons why a shutdown was required in order to carry out the repair and a description of the attempt made in accordance with subsection 8(1) to repair the component within 15 days after the day on which the leak was detected in the component,

(B)the day on which the shutdown began and the day on which it ended,

(C)the day on which the repair was completed,

(D)the name of the individual who carried out the inspection referred to in paragraph 8(10)(a) or (b), as applicable,

(E)if the component is a heavy-liquid component, the heavy-liquid drop rate determined by means of the inspection referred to in paragraph 8(10)(a), and

(F)if the component is not a heavy-liquid component, the identification number of the portable monitoring instrument used to carrry out the inspection referred to in paragraph 8(10)(b), the reading resulting from that inspection and the response factor referred to in subparagraph 5(1)(c)(i), if any, that was applied;

(k)in respect of each valve that was replaced with a certified low-leaking valve or repacked with certified low-leaking valve packing as required by subsection 8(8), the identification number of the valve and the manufacturer’s written warranty for that certified valve or packing;

(l)in respect of a valve referred to in subsection 8(9), the identification number of the valve and the method used by the operator to determine that no certified low-leaking valve and no certified low-leaking valve packing were commercially available;

(m)in respect of each equipment component designated in the inventory under paragraph 4(2)(e) as “unsafe to inspect”,

(i)the identification number of the component,

(ii)the name, title, and business address of the authorized official who made the determination referred to in that paragraph,

(iii)the day on which the authorized official made that determination, and

(iv)the authorized official’s reasons for making that determination; and

(n)in respect of each individual referred to in subparagraph (a)(iii) or (v), (b)(iii), (c)(iii), (d)(iii), (g)(iii), (h)(iii) or (i)(iii) or clause (j)(i)(C) or (ii)(D), their title and business address and the name of their employer.

(2)The operator must, in addition to the record referred to in subsection (1), keep the following optical gas-imaging records for each calendar year:

(a)a video recording, with an embedded indication of the date, time and place, that is made by an optical gas-imaging instrument during each check of that instrument carried out under paragraph 5(2)(c);

(b)in respect of each inspection of an equipment component referred to in subsection 6(1) or (2) that is carried out using an optical gas-imaging instrument, a photograph, with an embedded indication of the date, time and place, that is taken by that instrument during that inspection; and

(c)in respect of each equipment component that was inspected under subsection 6(1) or (2) using an optical gas-imaging instrument, a video recording, with an embedded indication of the date, time and place, that is made by that instrument during one such inspection.

10Retention period#

The operator of a facility must retain the inventory of equipment components referred to in paragraph 3(2)(a) and the records referred to in section 9, as well as any supporting documents, at the facility for at least five years after the inventory is established or updated or the records are created.

Requirements for Certain Equipment Components

11Responsibilities of operator#

The operator of a facility must ensure that the equipment components at the facility meet the requirements set out in sections 12 to 15.

12Pipes#

(1)The ends of a pipe that is not located in an emergency shutdown system must be plugged at all times using a method that minimizes, to the extent possible, the release of VOCs into the environment, including the use of a cap, a blind flange or a plug or the use of two valves that are operated so that the valve on the process fluid end is closed before the other valve is closed.

(2)Subsection (1) does not apply in respect of a pipe that comes into contact with a fluid that would autocatalytically polymerize or would create any other safety hazard, if the pipe were plugged in accordance with that subsection.

(3)Subsection (1) does not apply during an operation that requires the ends of a pipe to be open.

13Sampling systems#

Every sampling system that is connected to a pipe must be designed and used in a manner that minimizes, to the extent possible, the release of VOCs into the environment. The design may consist of a closed-purge, closed-loop or closed-vent system.

14Pressure relief devices#

(1)Every pressure relief device must be designed and used in a manner that minimizes, to the extent possible, the release of VOCs into the environment. The design may consist of the installation of a rupture disk upstream of the pressure relief device or the installation of a closed-vent connection between the pressure relief device and a process gas system, a fuel gas system or a control device.

(2)If a pressure release occurs, the pressure relief device must, not more than five days after the day on which the release ends, be returned to a condition that minimizes, to the extent possible, the release of VOCs into the environment.

15Centrifugal compressors#

(1)Every centrifugal compressor must be equipped with a mechanical seal system that has a barrier fluid system.

(2)The mechanical seal system of the compressor must be

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

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

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

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

(4)The barrier fluid system must be equipped with a sensor that is intended to detect any failure of the system.

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

(6)The requirements of this section do not apply in respect of a centrifugal compressor that is equipped with a closed-vent system designed to capture any leakage from the compressor drive shaft and transport it to a process gas system, a fuel gas system or a control device.

16Record keeping#

(1)The operator must, for each calendar year, keep a record of the following information:

(a)in respect of an open-ended pipe that is not located in an emergency shutdown system, the identification number of the open-ended pipe and a description of the design considerations taken into account, and the control technologies and operating practices used, to ensure that the ends of the pipe are plugged in accordance with section 12;

(b)in respect of a sampling system that is connected to a pipe, the identification number of the sampling system and a description of the design considerations taken into account, and the control technologies and operating practices used, to ensure that the sampling system is designed and used in accordance with section 13;

(c)in respect of a pressure relief device, the identification number of the pressure relief device and a description of the design considerations taken into account, and the control technologies and operating practices used, to ensure that the device is designed and used in accordance with section 14;

(d)in respect of a pressure release referred to in subsection 14(2), if the pressure relief device did not minimize, to the extent possible, the release of VOCs into the environment during a period of more than one hour,

(i)the identification number of the pressure relief device,

(ii)the day on which the pressure release ended, and

(iii)the day on which the pressure relief device was returned to a condition that minimizes, to the extent possible, the release of VOCs into the environment;

(e)in respect of a centrifugal compressor, other than one referred to in subsection 15(6),

(i)the identification number of the compressor,

(ii)an indication that the mechanical seal system of the compressor meets the requirements referred to in paragraph 15(2)(a), (b) or (c), as applicable,

(iii)an indication that the barrier fluid referred to in subsection 15(3) contains less than 10% VOCs by weight,

(iv)an indication that the compressor is equipped with the sensor referred to in subsection 15(4), and

(f)in respect of each daily sensor check carried out under subsection 15(5),

(i)the identification number of the compressor that has the sensor that was checked,

(ii)the day on which the sensor check was carried out, and

(iii)the results of the sensor check; and

(g)in respect of a centrifugal compressor referred to in subsection 15(6), the identification number of the compressor and a description of its closed-vent system.

(2)The operator must retain the record, as well as any supporting documents, at the facility for at least five years.

Fenceline Monitoring Requirements

17Standard fenceline monitoring program#

(1)Subject to subsections (2) and (3), the operator of a facility must, not later than January 1, 2022, establish and maintain for the facility a standard fenceline monitoring program, in accordance with sections 18 to 25 and 28, that consists of the collection of samples — using sampling tubes — and the analysis of those samples, in order to measure the concentrations at the fenceline of each substance set out in Schedule 2.

(2)The operator of a facility may, instead of the standard fenceline monitoring program referred to in subsection (1), establish and maintain for the facility one of the following programs in order to measure the concentrations at the fenceline of each substance set out in Schedule 2:

(a)a modified fenceline monitoring program that consists of the collection of samples — using sampling tubes — and the analysis of those samples in accordance with a permit issued by the Minister under subsection 26(3) and in accordance with sections 19, 21 to 25 and 28; or

(b)an alternative fenceline monitoring program in accordance with a permit issued by the Minister under subsection 27(3).

(3)A program referred to in paragraphs (2)(a) or (b) must be established not later than six months after the permit for the program is issued.

(4)If an application for a permit to establish a modified or alternative fenceline monitoring program for a facility is received by the Minister on or before January 1, 2021 or, in the case of a facility that begins operating on or after December 1, 2020, not later than 30 days after the day on which the facility begins operating, the operator of the facility is not required to establish a fenceline monitoring program until 6 months after the day on which the Minister issues the permit under subsection 26(3) or 27(3), as applicable, or a notification under subsection 26(4) or 27(4), as applicable, that no permit will be issued for the modified or alternative program.

(5)Despite being issued a permit for a modified or alternative fenceline monitoring program in respect of a facility, the operator may establish and maintain a standard fenceline monitoring program for that facility in accordance with subsection (1) if they give 30 days notice in writing to the Minister of their intention to do so, together with a standard fenceline monitoring plan containing the information referred to in paragraphs 31(1)(a) to (d).

18Selection of fenceline#

The operator may select either the property boundary of the facility or an internal monitoring perimeter as the fenceline for the purpose of the fenceline monitoring program. If an internal monitoring perimeter is to serve as the fenceline, it must be established in accordance with sections 8.2 to 8.2.3.2 of EPA Method 325A, except that tailings ponds and mining areas are to be excluded from the emission sources encompassed by the fenceline.

19Selection of sampling equipment and supplies#

(1)The sampling equipment and supplies must be selected in accordance with sections 6.1 to 6.4 of EPA Method 325A.

(2)Sampling tubes must meet the specifications set out in section 3.8 of EPA Method 325A.

(3)The sorbent used in the sampling tubes must be selected in accordance with sections 7.1 to 7.1.6 of EPA Method 325B.

20Sampling locations#

The number of sampling tubes and their location at the fenceline must be established in accordance with sections 8.1 to 8.2.3.2 of EPA Method 325A.

21Deployment of sampling tubes#

(1)The sampling tubes must be deployed at the facility fenceline in accordance with the procedures set out in sections 8.5 to 8.5.10 and 9.3 to 9.3.2 of EPA Method 325A, with the following modifications:

(a)for the purpose of section 8.5.9 of that Method, the required sampling period is 13 to 15 days; and

(b)for the purpose of section 9.3.1 of that Method, at least two sampling tubes must be deployed at the fenceline for the purpose of collecting duplicate samples during each sampling period.

(2)The sampling tubes deployed at the fenceline must be collected in accordance with the procedures set out in sections 8.6 to 8.6.5 of EPA Method 325A and must all be collected on the same day and, subject to subsection 24(3), every 13 to 15 days.

(3)When sampling tubes are collected at the fenceline in accordance with subsection (2) on any day, the subsequent deployment of sampling tubes must be carried out on the same day, so that the sampling is continuous.

22Storage of sampling tubes#

Sampling tubes must be stored in accordance with the procedures set out in sections 6.4 to 6.4.2 of EPA Method 325B.

23Analysis of samples#

The analysis of all samples collected under the fenceline monitoring program for the purpose referred to in subsection 17(1) must meet the following requirements:

(a)the gas chromatography and mass spectrometry equipment must meet the requirements set out in sections 6.8 to 6.10 of EPA Method 325B;

(b)the laboratory reagents and standard compounds used must meet the requirements set out in sections 7.2 to 7.6 of EPA Method 325B;

(c)the samples must be analyzed within the period required by section 8.5.4 of EPA Method 325B;

(d)all quality control procedures must be carried out in accordance with sections 9.0 to 9.5 and 9.12 to 9.17 of EPA Method 325B;

(e)the method detection limit of the gas chromatograph for each substance set out in Schedule 2 must be determined in accordance with section 9.6 of EPA Method 325B;

(f)if the concentration of a substance in a sample is below the method detection limit for that substance, the method detection limit must be used as the sampling result for that substance;

(g)the analytical bias, the analytical precision and the field replicate precision must be determined in accordance with sections 9.7, 9.8 and 9.9, respectively, of EPA Method 325B;

(h)the sample desorption efficiency and the compound recovery and audit must meet the requirements of sections 9.10 to 9.11 of EPA Method 325B; and

(i)the calibration and standardization protocols for the gas chromatography and mass spectrometry equipment must be in accordance with those set out in sections 10.0 to 10.9.5.2 of EPA Method 325B.

24Condition for less frequent analysis#

(1)If the concentration of a substance set out in Schedule 2 remains below the method detection limit for that substance in 52 consecutive samples collected at each location at the fenceline in accordance with section 21, samples subsequently collected at each of those locations may be analyzed for that substance, in accordance with section 23, only twice per calendar year and, in that case, the interval between each collection of the samples to be analyzed for that substance in a calendar year must be at least five months, but not more than seven months.

(2)Despite subsection (1), if the concentration of the substance in any sample analyzed at the frequency referred to in that subsection is above the method detection limit for that substance, every sample subsequently collected at each location must be analyzed for that substance in accordance with section 23.

(3)If the concentration of each substance set out in Schedule 2 remains below the method detection limit for that substance in 52 consecutive samples collected at each location at the fenceline in accordance with section 21, samples may subsequently be collected at each of those locations only twice per calendar year and, in that case, samples must be collected at least five months, but not more than seven months, after the most recent collection of a sample.

(4)Despite subsection (3), if the concentration of a substance set out in Schedule 2 is above the method detection limit for that substance in any sample collected in accordance with that subsection, samples must subsequently be collected in accordance with subsection 21(2).

25Meteorological data#

(1)The meteorological data referred to in section 8.3.4 of EPA Method 325A must be collected at a meteorological station in accordance with that section. The meteorological station must be located at the facility, or within 40 kilometres of the fenceline, and must be operated in accordance with sections 8.3 to 8.3.3 of EPA Method 325A.

(2)The calibration procedures set out in sections 2.5 to 2.5.2.6, 3.4 to 3.4.2, and 7.5 of the standard of the Environmental Protection Agency of the United States entitled Quality Assurance Handbook for Air Pollution Measurement Systems, Volume IV: Meteorological Measurements, Version 2.0 (Final) (EPA-454/B-08-002) must be followed for the meteorological instruments at the meteorological station.

26Application for permit — modified fenceline monitoring program#

(1)The operator of a facility who wishes to deviate from the standard fenceline monitoring program referred to in subsection 17(1) in relation to the selection of the fenceline, or the number of sampling tubes or their location at the fenceline, may apply to the Minister for a permit to establish and maintain a modified fenceline monitoring program for the facility.

(2)An application for a permit referred to in subsection (1) must contain the following information:

(a)a diagram that includes

(i)the property boundary, process units, storage vessels, product loading areas and wastewater treatment areas,

(ii)the proposed fenceline, encompassing all emission sources at the facility except tailings ponds and mining areas, and

(iii)the proposed sampling locations at the fenceline;

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

(c)the proposed number of sampling tubes and their proposed location at the fenceline, and a description of the analysis that formed the basis for those proposals, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis;

(d)a description of how the proposed fenceline, the proposed number of sampling tubes and their proposed location at the fenceline deviate from those required by the standard fenceline monitoring program; and

(e)a description of the analysis demonstrating that the proposed modified fenceline monitoring program would be at least as effective at measuring the concentrations at the fenceline of the substances set out in Schedule 2 as the standard fenceline monitoring program, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis.

(3)The Minister may issue a permit for a modified fenceline monitoring program, setting out the permitted deviations from the standard fenceline monitoring program for the facility, if the proposed modified fenceline monitoring program meets the following conditions:

(a)it deviates from the standard fenceline monitoring program only in the selection of the fenceline or the number of sampling tubes or their location at the fenceline; and

(b)the deviations do not render it less effective than the standard fenceline monitoring program in measuring the concentrations at the fenceline of the substances set out in Schedule 2.

(4)If the conditions referred to in subsection (3) are not met, the Minister must not issue the permit and must notify the operator to that effect.

27Application for permit — alternative fenceline monitoring program#

(1)The operator of a facility who wishes to deviate from the standard fenceline monitoring program referred to in subsection 17(1) in relation to any aspects other than, or in addition to, the selection of the fenceline or the number of sampling tubes or their location at the fenceline, may apply to the Minister for a permit to establish and maintain an alternative fenceline monitoring program for the facility.

(2)An application for a permit referred to in subsection (1) must contain the following information:

(a)a diagram that includes

(i)the property boundary, process units, storage vessels, product loading areas and wastewater treatment areas, and

(ii)the proposed fenceline, encompassing all emission sources at the facility except tailings ponds and mining areas;

(c)a technical description of the proposed method to be used to measure the concentrations at the fenceline of the substances set out in Schedule 2;

(d)a description of how the proposed alternative fenceline monitoring program deviates from the standard fenceline monitoring program;

(e)a description of the analysis, based in part on the comparison referred to in paragraph (f) and demonstrating that the proposed alternative fenceline monitoring program would be at least as effective at measuring the concentrations at the fenceline of the substances set out in Schedule 2 as a standard or modified fenceline monitoring program, which description includes the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis; and

(f)a comparison of the concentrations at the fenceline of each substance, set out in Schedule 2, as measured using the proposed method at any facility referred to in subsection 2(1) over a period of at least three years, and those measured in accordance with a standard or modified fenceline monitoring program at that facility during the same period.

(3)The Minister may issue a permit for an alternative fenceline monitoring program, setting out the permitted deviations from the standard fenceline monitoring program for the facility, if the proposed deviations from the standard fenceline monitoring program do not render the alternative fenceline monitoring program less effective than the standard fenceline monitoring program in measuring the concentrations at the fenceline of the substances set out in Schedule 2.

(4)If the condition referred to in subsection (3) is not met, the Minister must not issue the permit and must notify the operator to that effect.

28Record keeping — standard or modified fenceline monitoring program#

(1)The operator of a facility must, for each calendar year in which it maintains a standard or modified fenceline monitoring program, keep a record of the following information:

(a)an indication of any changes made to the fenceline or the number of sampling tubes or their location at the fenceline;

(b)a description of the analysis that formed the basis for those changes, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis;

(c)for each sampling period,

(i)the concentration, at each sampling location, of each substance set out in Schedule 2, together with the concentration of each of those substances in each field blank and duplicate sample, and

(ii)the meteorological data collected in accordance with subsection 25(1); and

(d)the annual average concentration, at each sampling location, of each substance set out in Schedule 2, calculated using the methodology set out in sections 12.0 and 12.1 of EPA Method 325A.

(2)The operator must retain the record, as well as any supporting documents, at the facility for at least five years.

Reporting Requirements

29Information to be provided on request#

The operator must, not later than 30 days after receiving a request from the Minister, submit to the Minister a copy of any record required to be kept by the operator under these Regulations.

30Information to be submitted for existing facility#

(1)The operator of a facility that was operating before December 1, 2020 must, not later than December 31, 2020, submit the following information to the Minister:

(a)the name of the operator of the facility;

(b)the civic address and the name, if any, of the facility;

(c)the name, title, civic and postal addresses, telephone number and email address of a contact person;

(d)the facility’s National Pollutant Release Inventory identification number; and

(e)an indication of which of the following activities the facility is engaged in:

(i)petroleum refining,

(ii)upgrading of heavy crude oil or bitumen, and

(iii)petrochemical production.

(3)If there is a change in any of the information referred to in subsection (1) or (2) in respect of a facility, the operator of the facility must, not later than five days after that change, submit the updated information to the Minister.

31Standard fenceline monitoring plan for existing facility#

(1)The operator of a facility that was operating before December 1, 2020 and in respect of which the Minister does not receive an application for a modified or alternative fenceline monitoring program on or before January 1, 2021 must, not later than January 1, 2022, submit to the Minister a standard fenceline monitoring plan for the facility that contains the following information:

(a)a description of the fenceline selected under section 18;

(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 in the course of the analysis;

(c)the number of sampling tubes and their location at the fenceline, established as required by section 20, and a description of the analysis used to determine that number and those locations, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis; and

(d)a diagram that includes the property boundary, fenceline, sampling locations, process units, storage vessels, product loading areas and wastewater treatment areas.

(2)The operator of a facility that begins operating on or after December 1, 2020 must, not later than 30 days after the day on which the facility begins operating, submit to the Minister either a standard fenceline monitoring plan for the facility that contains the information referred to in paragraphs (1)(a) to (d), or an application for a modified fenceline monitoring program in accordance with subsection 26(1) or an alternative fenceline monitoring program in accordance with subsection 27(1).

32Annual report beginning in 2023#

(1)Beginnning in 2023 and ending in 2027, the operator of a facility must, on or before June 30 in each year, submit a report to the Minister that contains the information required by sections 33 to 41 in respect of the facility for the preceding calendar year.

(2)Beginning in 2028, the operator of a facility must, on or before June 30 in each year, submit a report to the Minister that contains the information required by subsections 33(1) and (3) and 34(1) and (3) and sections 35 to 41 in respect of the facility for the preceding calendar year.

33Heavy-liquid equipment components — three inspections#

(1)The annual report must contain, with respect to the heavy-liquid equipment components that are required to be inspected visually three times per calendar year under paragraph 6(1)(a) and that are set out by type in Schedule 1, the following information with respect to those inspections for each of those types of equipment components:

(a)the number of equipment components that were required to be inspected;

(b)the number of inspections that were carried out under paragraph 6(1)(a);

(c)the number of those inspections during which a significant leak was detected in an equipment component;

(d)the number of repairs that were completed

(i)within 15 days after the day on which a significant leak was detected in an equipment component during such an inspection,

(ii)more than 15 days but not more than 60 days after the day on which such a leak was detected,

(iii)more than 60 days but not more than 365 days after the day on which such a leak was detected, and

(iv)more than 365 days after the day on which such a leak was detected; and

(e)the number of equipment components in which a significant leak was detected during such an inspection but that were not repaired as of the date of the report.

(2)The annual report must contain, with respect to the heavy-liquid equipment components that are required to be inspected visually once per calendar year under paragraph 6(2)(a) and that are set out by type in Schedule 1, the following information with respect to those inspections for each of those types of equipment components:

(a)the number of equipment components that were required to be inspected;

(b)the number of inspections that were carried out under paragraph 6(2)(a);

(c)the number of those inspections during which a significant leak was detected in an equipment component;

(d)the number of repairs that were completed

(i)within 15 days after the day on which a significant leak was detected in an equipment component during such an inspection,

(ii)more than 15 days but not more than 60 days after the day on which such a leak was detected,

(iii)more than 60 days but not more than 365 days after the day on which such a leak was detected, and

(iv)more than 365 days after the day on which such a leak was detected; and

(e)the number of equipment components in which a significant leak was detected during such an inspection but that were not repaired as of the date of the report.

(3)The annual report must contain, with respect to the heavy-liquid equipment components that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in Schedule 1, the following information for each of those types of equipment components:

(a)the number of leaks that were detected, other than during the inspections required by paragraphs 6(1)(a) and (2)(a), for which the heavy-liquid drop rate was

(i)less than three drops per minute, and

(ii)equal to or greater than three drops per minute;

(b)the number of leaks that were detected, other than during the inspections required by paragraphs 6(1)(a) and (2)(a), in an equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8(5), that it could not be inspected without exposing any individual to immediate danger;

(c)the number of repairs, following the detection of a significant leak in an equipment component other than during the inspections required by paragraphs 6(1)(a) and (2)(a), that were completed

(i)within 15 days after the day on which the leak was detected,

(ii)more than 15 days but not more than 60 days after the day on which the leak was detected,

(iii)more than 60 days but not more than 365 days after the day on which the leak was detected, and

(iv)more than 365 days after the day on which the leak was detected; and

(d)the number of equipment components in which a significant leak was detected, other than during the inspections required by paragraphs 6(1)(a) and (2)(a), but that were not repaired as of the date of the report.

34Gas and light-liquid equipment components — three inspections#

(1)The annual report must contain, with respect to the gas and light-liquid equipment components that are required to be inspected three times per calendar year under paragraph 6(1)(b) and that are set out by type in Schedule 1, the following information with respect to those inspections for each of those types of equipment components:

(a)the number of equipment components that were required to be inspected;

(b)the number of inspections that were carried out under paragraph 6(1)(b) using a portable monitoring instrument;

(c)the number of inspections referred to in paragraph (b) during which a leak was detected in an equipment component and the concentration of VOCs, as measured by the portable monitoring instrument, was

(i)equal to or greater than 500 ppmv and less than 1000 ppmv,

(ii)equal to or greater than 1000 ppmv and less than 10,000 ppmv, and

(iii)equal to or greater than 10,000 ppmv;

(d)the number of inspections that were carried out under paragraph 6(1)(b) using an optical gas-imaging instrument;

(e)the number of inspections referred to in paragraph (d) during which a leak was detected in an equipment component and the concentration of VOCs measured during the inspection required by subsection 8(4) was

(i)less than 500 ppmv,

(ii)equal to or greater than 500 ppmv and less than 1000 ppmv,

(iii)equal to or greater than 1000 ppmv and less than 10,000 ppmv, and

(iv)equal to or greater than 10,000 ppmv;

(f)the number of inspections referred to in paragraph (d) during which a leak was detected in an equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8(5), that it could not be inspected without exposing any individual to immediate danger;

(g)the number of repairs, following the detection of a significant leak in an equipment component during an inspection carried out under paragraph 6(1)(b), that were completed

(i)within 15 days after the day on which the leak was detected,

(ii)more than 15 days but not more than 60 days after the day on which the leak was detected,

(iii)more than 60 days but not more than 365 days after the day on which the leak was detected, and

(iv)more than 365 days after the day on which the leak was detected; and

(h)the number of equipment components in which a significant leak was detected during such an inspection but that were not repaired as of the date of the report.

(2)The annual report must contain, with respect to the gas and light-liquid equipment components that are required to be inspected once per calendar year under paragraph 6(2)(b) and that are set out by type in Schedule 1, the following information with respect to those inspections for each of those types of equipment components:

(a)the number of equipment components that were required to be inspected;

(b)the number of inspections that were carried out under paragraph 6(2)(b) using a portable monitoring instrument;

(i)equal to or greater than 500 ppmv and less than 1000 ppmv,

(ii)equal to or greater than 1000 ppmv and less than 10,000 ppmv, and

(iii)equal to or greater than 10,000 ppmv;

(d)the number of inspections that were carried out under paragraph 6(2)(b) using an optical gas-imaging instrument;

(e)the number of inspections referred to in paragraph (d) during which a leak was detected in an equipment component, and the concentration of VOCs measured during the inspection required by subsection 8(4) was

(i)less than 500 ppmv,

(ii)equal to or greater than 500 ppmv and less than 1000 ppmv,

(iii)equal to or greater than 1000 ppmv and less than 10,000 ppmv, and

(iv)equal to or greater than 10,000 ppmv;

(g)the number of repairs, following the detection of a significant leak in an equipment component during an inspection carried out under paragraph 6(2)(b), that were completed

(i)within 15 days after the day on which the leak was detected,

(ii)more than 15 days but not more than 60 days after the day on which the leak was detected,

(iii)more than 60 days but not more than 365 days after the day on which the leak was detected, and

(iv)more than 365 days after the day on which the leak was detected; and

(h)the number of equipment components in which a significant leak was detected during such an inspection but that were not repaired as of the date of the report.

(3)The annual report must contain, with respect to the gas and light-liquid equipment components that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in Schedule 1, the following information for each of those types of equipment components:

(a)the number of leaks that were detected, other than during the inspections required by paragraphs 6(1)(b) and (2)(b), for which the concentration of VOCs, as measured by a portable monitoring instrument that meets the requirements of subsection 5(1), was

(i)less than 500 ppmv,

(ii)equal to or greater than 500 ppmv and less than 1000 ppmv,

(iii)equal to or greater than 1000 ppmv and less than 10,000 ppmv, and

(iv)equal to or greater than 10,000 ppmv;

(b)the number of leaks that were detected, other than during the inspections required by paragraphs 6(1)(b) and (2)(b), in an equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8(5), that it could not be inspected without exposing any individual to immediate danger;

(c)the number of repairs, following the detection of a significant leak in an equipment component other than during the inspections required by paragraphs 6(1)(b) and (2)(b), that were completed

(i)within 15 days after the day on which the leak was detected,

(ii)more than 15 days but not more than 60 days after the day on which the leak was detected,

(iii)more than 60 days but not more than 365 days after the day on which the leak was detected, and

(iv)more than 365 days after the day on which the leak was detected; and

(d)the number of equipment components in which a significant leak was detected, other than during the inspections required by paragraphs 6(1)(b) and (2)(b), but that were not repaired as of the date of the report.

35Valves with three significant leaks#

The annual report must indicate, with respect to the valves that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in items 1 to 3 of Schedule 1, the number of each of those types of valves

(a)in which a significant leak was detected for the third time in 24 consecutive months;

(b)that are referred to in paragraph (a) and that were replaced or re-packed as required by subsection 8(8); and

(c)that are referred to in subsection 8(9).

36Equipment components exempt from certain inspections#

The annual report must indicate

(a)the number of each of the types of pumps set out in items 4 and 5 of Schedule 1 that were exempt from the inspections required by subsections 6(1) and (2) because they met the criteria described in paragraph 6(3)(a); and

(b)the number of each of the types of equipment components set out in Schedule 1 that were exempt from the inspections required by subsections 6(1) and (2) because they were designated in the inventory under paragraph 4(2)(e) as “unsafe to inspect”.

37Reasons for no inspection#

The annual report must indicate the identification number of each equipment component listed in the inventory that was not inspected in accordance with subsection 6(1) or (2), as applicable, and the reasons why it was not inspected in accordance with the applicable subsection.

38Reasons for no inspection before repair#

The annual report must indicate, with respect to each equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8(5), that it could not be inspected without exposing any individual to immediate danger, the identification number of the component and the reasons for that determination.

39Significant leak not repaired within 15 days#

The annual report must contain, with respect to each equipment component that was not repaired within 15 days after the day on which a significant leak was detected in the component, the following information:

(a)the identification number of the component;

(b)the day on which the leak was detected;

(c)an indication of whether the component was flagged for repair under paragraph 8(6)(a) or (b) or not flagged for repair at all;

(d)the reasons why the component could not be repaired within that period and a description of the attempt made in accordance with subsection 8(1) to repair it within that period; and

(e)if the component was repaired, the day on which the repair was completed.

40Estimated VOC releases by type of component#

(1)The annual report must indicate, with respect to the equipment components that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in Schedule 1, the estimated total quantity of VOCs — expressed in kilograms — that is released by each type of equipment component during the calendar year that is the subject of the report. The quantity is to be calculated in accordance with the instructions set out in Schedule 3.

(2)The annual report must indicate the estimated total quantity of VOCs — expressed in kilograms — that is released during the calendar year that is the subject of the report by the equipment components of all types, which is to be calculated by adding together the estimated total quantity of VOCs released that year by each type of component referred to in subsection (1).

41Monitoring data — standard or modified fenceline monitoring program#

If the facility maintained a standard or modified fenceline monitoring program during the calendar year that is the subject of the annual report, that report must contain the following information in respect of the program:

(a)an indication of any changes made to the fenceline or the number of sampling tubes or their location at the fenceline;

(c)for each sampling period, the concentration, at each sampling location, of each substance set out in Schedule 2, together with the concentration of each of those substances in each field blank and duplicate sample; and

(d)the annual average concentration, at each sampling location, of each substance set out in Schedule 2, calculated using the methodology set out in sections 12.0 and 12.1 of EPA Method 325A.

42Auditor’s report to be submitted in 2024#

(1)The operator of a facility must, on or before June 30, 2024, submit to the Minister a report prepared by an auditor that assesses the operator’s compliance with these Regulations in respect of the facility during the preceding two calendar years.

(2)The operator of a facility must, on or before June 30 of every fourth year, beginning in 2028, submit to the Minister a report prepared by an auditor that assesses the operator’s compliance with these Regulations in respect of the facility during the preceding four calendar years.

(3)The auditor’s report must contain the following information:

(a)the auditor’s name, civic and postal addresses, telephone number and email address and a description of their qualifications;

(b)their assessment of whether the operator’s equipment, procedures and records are appropriate to ensure the operator’s compliance with

(i)the leak detection and repair requirements set out in sections 3 to 10,

(ii)the requirements for certain equipment components set out in sections 11 to 16,

(iii)the fenceline monitoring requirements set out in sections 17 to 28, and

(iv)the reporting requirements set out in sections 29 to 45;

(c)details of how they made the assessment required by paragraph (b);

(d)if, in the auditor’s opinion, the operator of the facility was in compliance with these Regulations in respect of the facility, a statement to that effect;

(e)if, in the auditor’s opinion, the operator of the facility failed to comply with any requirements of these Regulations in respect of the facility, an indication of those requirements; and

(f)a statement by the auditor that they are independent of the operator of the facility that is the subject of the audit and have no conflict of interest with the operator or any contractor who carries out any activity required by these Regulations on behalf of the operator.

(4)The auditor’s report must be signed by a licensed member of an engineering or scientific professional organization who is

(a)if the auditor is an individual, the auditor; or

(b)if the auditor is a firm, a duly authorized representative of that firm.

43Corrective action plan#

If the auditor’s report referred to in subsection 42(1) or (2), as applicable, identifies any requirements of these Regulations with which the operator failed to comply in respect of the facility, the operator must submit to the Minister, together with that report, a corrective action plan that sets out the measures that the operator has already taken or plans to take in order to meet those requirements.

44Independent auditor with no conflict of interest#

(1)The audit must be conducted by an individual or a firm that

(a)is independent of the operator of the facility that is the subject of the audit; and

(b)has no conflict of interest with the operator or any contractor who carries out any activity required by these Regulations on behalf of the operator.

(2)If the audit is conducted by an individual, including an individual who is a member of a firm, the individual must

(a)be a licensed member of an engineering or scientific professional organization;

(b)have technical expertise in leak detection and repair;

(c)have technical expertise in fenceline monitoring;

(d)have completed the training specified in subsection 7(1); and

(e)be certified by the International Register of Certificated Auditors, or by any other nationally or internationally recognized accreditation organization, for the purposes of carrying out assessments in accordance with the International Organization for Standardization standard ISO 14001 entitled Environmental Management Systems.

(3)If the audit is conducted by two or more individuals who are members of a firm, each requirement set out in subsection (2) must be met by at least one of those individuals.

45Format of applications, reports and plans#

(1)An application made under these Regulations and a report or plan required by these Regulations must be submitted electronically in the format specified by the Minister and must bear the electronic signature of an authorized official.

(2)If the Minister has not specified an electronic format, or if it is impractical to submit the application, report or plan electronically in accordance with subsection (1) because of circumstances beyond the operator’s control, the application, report or plan must be submitted on paper in the form specified by the Minister and be signed by an authorized official. However, if no form has been specified, it may be in any form.

Related Amendment

46 #

[Amendments]

Coming into Force

47December 1, 2020#

(1)Subject to subsections (2) and (3), these Regulations come into force on December 1, 2020.

(2)Sections 3 to 10 come into force on January 1, 2022.

(3)Sections 11 to 16 come into force on January 1, 2023.

Schedule 1 · Types of Equipment Components for Inventory and Annual Report (Paragraph 4(2)(b), sections 33 to 36, subsection 40(1) and section 2 of Schedule 3)

1 Gas valves2 Light-liquid valves3 Heavy-liquid valves4 Light-liquid pumps5 Heavy-liquid pumps6 Gas flanges7 Light-liquid flanges8 Heavy-liquid flanges9 Gas connectors other than flanges10 Light-liquid connectors other than flanges11 Heavy-liquid connectors other than flanges12 Gas pressure relief devices13 Light-liquid pressure relief devices14 Heavy-liquid pressure relief devices15 Compressors16 Gas open-ended pipes17 Light-liquid open-ended pipes18 Heavy-liquid open-ended pipes19 Gas sampling connections20 Light-liquid sampling connections21 Heavy-liquid sampling connections22 Gas agitators23 Light-liquid agitators24 Heavy-liquid agitators25 Gas minor assemblies26 Light-liquid minor assemblies27 Heavy-liquid minor assemblies28 Other gas equipment components29 Other light-liquid equipment components30 Other heavy-liquid equipment components

Schedule 2 · List of Substances for Fenceline Monitoring Program (Subsections 17(1) and (2), paragraph 23(e), subsections 24(1), (3) and (4), paragraphs 26(2)(e) and (3)(b) and 27(2)(c), (e) and (f), subsection 27(3), subparagraph 28(1)(c)(i) and paragraphs 28(1)(d) and 41(c) and (d))

1 Benzene2 1,3-Butadiene3 Ethylbenzene4 Toluene5 m,p-Xylene6 o-Xylene

Schedule 3 · Instructions for Calculating Estimated VOC Releases (Subsection 40(1))

1 #

The following definitions apply in this Schedule.

pegged, in respect of a reading on a portable monitoring instrument, means a reading indicating that the concentration of VOCs is above the highest concentration of VOCs that the instrument is capable of measuring. (arrimée)

screening value or SV means the measured concentration of VOCs, expressed in ppmv, that is determined in the course of the inspection of an equipment component using a portable monitoring instrument. (concentration mesurée ou CM)

2 #

For the purpose of subsection 40(1) of these Regulations, the estimated total quantity of VOCs, expressed in kilograms, that is released by a type of equipment component set out in Schedule 1 during the calendar year that is the subject of the annual report is calculated by adding together the estimated quantity of VOCs that is released by each component of that type in that year and that is determined in accordance with section 4.

3 #

(1)Subject to subsections (2) and (3), the hourly leak rate — expressed in kilograms per hour (kg/hr) — of an equipment component of a type set out in column 1 of the table to this Schedule is:

(a)if the screening value is zero, or if the inspection was carried out using an optical gas-imaging instrument and no leak was detected, the hourly default zero leak rate set out in column 2 for that type of equipment component;

(b)if the reading on the portable monitoring instrument is pegged or if no inspection was carried out, the hourly pegged leak rate set out in column 3 for that type of equipment component; and

(c)in any other case, the result of the correlation equation set out in column 4 for that type of equipment component.

(2)Subject to subsection (3), the hourly leak rate of a minor assembly of a type set out in column 1 of the table to this Schedule is:

(b)if the reading on the portable monitoring instrument is pegged or if no inspection was carried out, the hourly pegged leak rate set out in column 3 for that type of minor assembly; and

(c)in any other case, the sum of the hourly leak rates of all of the equipment components of which the minor assembly is composed and for which the screening value is not zero, with each of those hourly leak rates calculated using the correlation equation set out in column 4 for the respective type of component.

(3)The hourly leak rate of a heavy-liquid equipment component of a type set out in column 1 of the table to this Schedule is:

(a)if no leak was detected or a leak was detected and the heavy-liquid drop rate was less than three drops per minute, the hourly default zero leak rate set out in column 2 for that type of equipment component; and

(b)if a leak was detected and the heavy-liquid drop rate was equal to or greater than three drops per minute, or if no inspection was carried out, the hourly pegged leak rate set out in column 3 for that type of equipment component.

(4)For the purpose of subsections (1) to (3),

(a)for an equipment component that is located in a process unit primarily engaged in activities classified under North American Industry Classification System (NAICS) code 325 (Chemical Manufacturing) and that is of a type set out in one of items 1 to 12 of column 1 of the table to this Schedule, the corresponding hourly leak rate is the rate set out in column 2, 3 or 4, as applicable; and

(b)for an equipment component that is located in any other process unit and that is of a type set out in one of items 13 to 22 of column 1 of the table to this Schedule, the corresponding hourly leak rate is the rate set out in column 2, 3 or 4, as applicable.

4 #

The estimated quantity of VOCs, expressed in kilograms, that is released by an equipment component during the applicable calendar year is determined by adding together the hourly leak rates for that equipment component, as determined in accordance with section 5, for every hour in that calendar year.

5 #

(1)For the purpose of section 4, for every hour in the applicable calendar year, the hourly leak rate is the rate determined under section 3 that is based on the inspection carried out closest to that hour, whether that inspection took place in that calendar year or in the preceding or subsequent calendar year.

(2)If the number of hours between the hour referred to in subsection (1) and the preceding inspection is the same as the number of hours between that hour and the subsequent inspection, the hourly leak rate is the rate based on the preceding inspection.

(3)Despite subsection (1), if an inspection indicates that there is a significant leak in the equipment component, the hourly leak rate is determined on the basis of that inspection for every hour in the period beginning with the hour in which the inspection took place and ending with the hour before the hour in which the equipment component was repaired.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.