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

Marginal note:Condition for less frequent analysis

• 24 (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.

• Marginal note:Return to original analysis frequency

  (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.

• Marginal note:Condition for less frequent collection

  (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.

• Marginal note:Return to original collection frequency

  (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).

Marginal note:Meteorological data

• 25 (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.

• Marginal note:Calibration of meteorological instruments

  (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.

Marginal note:Application for permit — modified fenceline monitoring program

• 26 (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.

• Marginal note:Contents of application

  (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.

• Marginal note:Conditions for issuing permit

  (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.

• Marginal note:Notification — no permit to be issued

  (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.

Marginal note:Application for permit — alternative fenceline monitoring program

• 27 (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.

• Marginal note:Contents of application

  (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;

  • (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) 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.

• Marginal note:Condition for issuing permit

  (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.

• Marginal note:Notification — no permit to be issued

  (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.

Marginal note:Record keeping — standard or modified fenceline monitoring program

• 28 (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.

• Marginal note:Retention period

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

Reporting Requirements

Marginal note:Information to be provided on request

29 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.

Marginal note:Information to be submitted for existing facility

• 30 (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.

• Marginal note:Information to be submitted for new facility

  (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, in respect of that facility, the information referred to in paragraphs (1)(a) to (e).

• Marginal note:Updated information to be submitted

  (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.

Marginal note:Standard fenceline monitoring plan for existing facility

• 31 (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.

• Marginal note:Standard fenceline monitoring plan or application for new facility

  (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).