Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) (SOR/2020-231)

Marginal note:Required training

• 7 (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.

• Marginal note:Record of training

  (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.

• Marginal note:Retention period

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

Marginal note:Repairs

• 8 (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.

• Marginal note:Presumed significant leak

  (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.

• Marginal note:Inspection before repair — heavy-liquid equipment component

  (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.

• Marginal note:Inspection before repair — gas or light-liquid equipment component

  (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).

• Marginal note:Exception

  (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.

• Marginal note:Flagging for repair

  (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.

• Marginal note:Repairs — time limits for flagged equipment components

  (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).

• Marginal note:Valve with three significant leaks

  (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).

• Marginal note:Exception

  (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.

• Marginal note:Completed repairs

  (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.

Marginal note:Record keeping

• 9 (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

    • (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;

  • (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.

• Marginal note:Requirements — photographs and video recordings

  (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.