Petroleum Refinery Liquid Effluent Regulations (C.R.C., c. 828)

Short Title

1 These Regulations may be cited as the Petroleum Refinery Liquid Effluent Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fisheries Act; (Loi)

  actual deposit

  actual deposit means the aggregate quantity, measured in pounds per day, of a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) that is contained in all liquid effluent and once-through cooling water and that is actually deposited in any one day by a refinery; (rejet réel)

  ammonia nitrogen

  ammonia nitrogen means the nitrogen in ammonia that results from the operation of a refinery, that is contained in liquid effluent or once-through cooling water from that refinery and that is determined to be present therein by the test method referred to in item 4 of the table to Schedule IV; (azote ammoniacal)

  authorized deposit

  authorized deposit means the aggregate quantity, measured in pounds per day, of a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) that is contained in all liquid effluent and once-through cooling water and that may be deposited in any one day by a refinery under the authority of these Regulations; (rejet autorisé)

  ballast water

  ballast water means water, carried in a vessel for stability and seaworthiness, that is discharged from the vessel to a refinery prior to loading the vessel and includes water used for cargo or ballast tank cleaning; (eau de ballast)

  crude oil

  crude oil means virgin or naturally occurring unrefined petroleum and any hydrocarbons or mixture of hydrocarbons similar in composition to petroleum brought into a refinery for processing, but does not include hydrocarbons and residual fuels brought into a refinery primarily to meet the fuel requirements of that refinery or primarily for direct blending into finished products; (pétrole brut)

  day

  day means a period of 24 consecutive hours; (jour)

  deposit

  deposit means to deposit or permit the deposit in water frequented by fish; (rejeter)

  liquid effluent

  liquid effluent means, subject to subsection (3), waste water and includes process water, cooling tower blow-down, tank draining, ballast water, storm water, wastes from water treatment facilities and run-off from land used for the disposition of waste water and sludges associated with the operation of a refinery; (effluent)

  Minister

  Minister means the Minister of the Environment; (ministre)

  oil and grease

  oil and grease means the oil and grease that results from the operation of a refinery, that is contained in liquid effluent or once-through cooling water from that refinery and that is determined to be present therein by the test method referred to in item 1 of the table to Schedule IV; (huiles et graisses)

  once-through cooling water

  once-through cooling water means, subject to subsection (3), water that has been circulated once through heat exchangers, either singly or in series, for the purpose of removing heat from process streams and that is not intended to come into contact with the process streams; (eau de refroidissement non recyclée)

  owner

  owner means the owner or operator of a refinery or his authorized representative; (propriétaire)

  phenols

  phenols means the hydroxy derivatives of benzene and its condensed nuclei that result from the operation of a refinery, that are contained in liquid effluent or once-through cooling water from that refinery and that are determined to be present therein by the test method referred to in item 2 of the table to Schedule IV; (phénols)

  process water

  process water means water that is intended to come into contact with hydrocarbons or treating chemicals at a refinery; (eau de traitement)

  reference crude rate

  reference crude rate means the quantity of crude oil, expressed in thousand barrels per day, that, in accordance with section 6, has been declared by the owner of a refinery to be the reference crude rate of the refinery; (taux de référence de brut)

  refinery

  refinery means facilities intended primarily for the separation and conversion of crude oil into products, including liquified petroleum gas, gasolines, naphthas, heating oils, fuel oils, asphalts, lubricating oils and greases, benzene, toluene, xylene, hydrogen, sulphur and coke, and includes blending, shipping and packaging facilities located on the refinery property and all properties developed for the operation of those facilities, but does not include facilities associated with the processing of natural gas or the production of synthetic petroleum originating from coal or bituminous sands; (raffinerie)

  storm water

  storm water means, subject to subsection (2), water run-off that results from precipitation of any kind that falls on a refinery and includes water run-off originating from outside the refinery that passes over or through the refinery; (eaux pluviales)

  stream day crude rate

  stream day crude rate means the rate, in barrels per day, at which crude oil is processed in a refinery; (taux de brut par jour de fonctionnement effectif)

  sulfide

  sulfide means dissolved sulfide that results from the operation of a refinery that is contained in liquid effluent or once-through water from that refinery and that is determined to be present therein by the test method referred to in item 3 of the table to Schedule IV; (sulfures)

  total suspended matter

  total suspended matter means the non-filterable residue that results from the operation of a refinery, that is contained in liquid effluent or once-through cooling water from that refinery and that is determined to be present therein by the test method referred to in item 5 of the table to Schedule IV. (matières en suspension de toute nature)

• (2) When storm water is protected, in such manner as the Minister may approve in writing, from contamination by the deleterious substances prescribed in section 4 that originate from the refinery, the storm water shall be deemed not to be storm water for the purpose of these Regulations.

• (3) When, prior to being deposited, liquid effluent or once-through cooling water has been treated, in such manner as the Minister may approve in writing, at a site outside a refinery for the purpose of removing therefrom the deleterious substances prescribed in section 4, the liquid effluent or once-through cooling water shall be deemed not to be liquid effluent or once-through cooling water for the purpose of these Regulations.

Application

3 These Regulations apply to every refinery that has not commenced the processing of crude oil prior to November 1, 1973 and that commences the processing of crude oil on or after that date.

Substances Prescribed as Deleterious Substances

4 For the purpose of paragraph (c) of the definition deleterious substance in subsection 33(11) of the Act, the following substances are prescribed as deleterious substances;

• (a) oil and grease;

• (b) phenols;

• (c) sulfide;

• (d) ammonia nitrogen;

• (e) total suspended matter; and

• (f) any substance capable of altering the pH of liquid effluent or once-through cooling water.

Authorized Deposit of a Deleterious Substance

• 5 (1) Subject to these Regulations, the owner of a refinery may deposit a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) if

  • (a) the arithmetic mean of the actual deposits of each such substance during the month in which the deposit is made does not exceed the arithmetic mean of the authorized deposits of that substance in the same month for the refinery, as calculated in accordance with section 7;

  • (b) the actual deposit of each such substance deposited in each day by the refinery does not exceed, for more than one day in each month, the authorized deposit of that substance for the refinery, as calculated in accordance with subsection 8(1); and

  • (c) the actual deposit of each such substance deposited in each day by the refinery does not exceed the authorized deposit of that substance for the refinery as calculated in accordance with subsection 8(2).

• (2) Subject to these Regulations, the owner of a refinery may deposit the deleterious substance prescribed in paragraph 4(f) if the pH of the liquid effluent or once-through cooling water is within the limits of 6.0 and 9.5.

• (3) Subject to these Regulations, the owner of a refinery may deposit a deleterious substance prescribed in paragraph 4(a), (b) or (e), if the aggregate quantity of that substance contained in storm water being deposited in any month does not exceed the limit of the deposit authorized of that substance in the same month for the refinery, as calculated in accordance with subsection 9(2).

Reference Crude Rates

• 6 (1) When the owner of a refinery intends to deposit a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e), he shall, before making the deposit, sign, date and forward to the Minister a declaration, in such form as the Minister may prescribe, stating the reference crude rate of the refinery.

• (2) For the purpose of subsection (1), the reference crude rate of a refinery is the maximum design stream day crude rate of the refinery, divided by 1,000.

• (3) The owner of a refinery may revise the reference crude rate of the refinery at any time by signing, dating and forwarding to the Minister a declaration, in such form as the Minister may prescribe, stating the revised reference crude rate of the refinery.

• (4) The owner of a refinery that deposits a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) shall revise the reference crude rate of the refinery if the arithmetic mean of the stream day crude rates during any two consecutive months, divided by 1,000, excluding days when crude rates have been reduced due to refinery maintenance, is less than 85 per cent of the last declared reference crude rate of the refinery and shall sign, date and forward a declaration, in such form as the Minister may prescribe, stating the revised reference crude rate of the refinery.

• (5) For the purpose of subsection (3), the revised reference crude rate of a refinery is the arithmetic mean of stream day crude rates sustained in commercial operation for at least seven consecutive days, divided by 1,000.

• (6) For the purpose of subsection (4), the revised reference crude rate of a refinery is the arithmetic mean of stream day crude rates sustained in commercial operation for at least 14 consecutive days, divided by 1,000.

• (7) The revised reference crude rate of a refinery takes effect on the first day of the month in which it is declared.

Calculation of Authorized Deposits

• 7 (1) For the purpose of paragraph 5(1)(a), the arithmetic mean of the authorized deposits for a refinery for a month shall be calculated using the amounts obtained in the calculations made under subsection (2).

• (2) The authorized deposit for a refinery of a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) shall, subject to section 9, be calculated for each day by multiplying the amount in Column II of an item of Schedule I for the deleterious substance set out in Column I of that item by the reference crude rate of the refinery for that month.

• 8 (1) For the purpose of paragraph 5(1)(b), the authorized deposit for a refinery of a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) shall, subject to section 9, be calculated by multiplying the amount set out in Column III of an item of Schedule I for the deleterious substance set out in Column I of that item by the reference crude rate of the refinery for that month.

• (2) For the purpose of paragraph 5(1)(c), the authorized deposit for a refinery of a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) shall, subject to section 9, be calculated by multiplying the amount set out in Column IV of an item of Schedule I for the deleterious substance set out in Column I of that item by the reference crude rate of the refinery for that month.

• 9 (1) When storm water is deposited by a refinery in any day, the authorized deposit for the refinery of a deleterious substance prescribed in paragraph 4(a), (b) or (e), calculated in accordance with sections 7 and 8, may be increased for that day by the amount set out in Column II of an item of Schedule II for the deleterious substance set out in Column I of that item for each 10,000 Canadian gallons of storm water that is deposited.

• (2) The limit of the deposit authorized in pounds per month of a deleterious substance prescribed in paragraph 4(a), (b) or (e) contained in storm water being deposited by a refinery in any month shall be calculated by multiplying the amount set out in Column III of an item of Schedule II for the deleterious substance set out in Column I of that item by the reference crude rate of the refinery for that month.

Calculation of Actual Deposits

10 For the purposes of subsection 5(1), when the owner of a refinery deposits a deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e), he shall, within 30 days after the end of the month in which the deposit is made, determine for that month the actual deposit of each substance deposited by the refinery by making the measurements and calculations in accordance with Schedule IV.

11 The owner of a refinery that deposits the deleterious substance prescribed in paragraph 4(f) shall, every day in the month during which the deposit is made or when requested by the Minister, monitor the deposit for the purpose of subsection 5(2) by performing the test referred to in Schedule III.

Reporting

• 12 (1) The owner of a refinery that has deposited a deleterious substance prescribed in section 4 in any month shall sign, date and forward to the Minister within 30 days after the end of that month or when requested by the Minister, a report, in such form as the Minister may prescribe, indicating

  • (a) the arithmetic mean of the authorized deposits of that substance in that month for the refinery as calculated in accordance with section 7 and, where applicable, section 9;

  • (b) the authorized deposits of that substance in each day of that month for the refinery as calculated in accordance with sections 7 and 8 and, where applicable, section 9;

  • (c) the actual deposits of the deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) deposited in each day of that month by the refinery as calculated in accordance with Schedule IV;

  • (d) the arithmetic mean of the actual deposits of the deleterious substance prescribed in paragraph 4(a), (b), (c), (d) or (e) deposited in that month by the refinery as calculated in accordance with Schedule IV;

  • (e) the pH of composite samples measured in accordance with Schedule III;

  • (f) the reference crude rate of the refinery in that month; and

  • (g) such other information as may be requested by the Minister to enable him to determine whether the refinery is operating in compliance with the requirements of these Regulations.

13 The owner of a refinery that deposits a deleterious substance prescribed in section 4 shall install and maintain facilities including sampling connections and flow-measuring devices that are acceptable to the Minister to enable the Minister to determine whether the refinery is operating in compliance with the requirements of these Regulations.