Benzene in Gasoline Regulations (SOR/97-493)

Retention of Records

10 Every primary supplier must retain in Canada any record and any related written evidence referred to in section 9, 13 or 20

• (a) for a period of three years from the day on which the record was made, if it was made before January 1, 2004; and

• (b) for a period of five years from the day on which the record was made, if it was made on or after January 1, 2004.

Submission of Samples and Records

11 Any person who supplies, sells or offers for sale gasoline must make available to the Minister and, on the Minister’s request, provide the Minister, at an address and in a manner specified in the request, with,

• (a) a sample of their gasoline;

• (b) a copy of any records or written evidence required by section 9, 12, 13 or 20; and

• (c) the names and addresses of the persons who sold or provided the gasoline to them and the date of sale or transfer of ownership of the gasoline.

Additional Requirements for Importers

• 12 (1) Every importer must notify the Minister, at least 12 hours before the time of importation, of the importer’s intention to import in the following circumstances:

  • (a) the importation, at any one time, of more than 100 m³ of gasoline identified under subsection 9(1) or (2) as complying gasoline, U.S. reformulated gasoline, California gasoline or northern winter complying gasoline;

  • (b) the importation, at any one time, of any amount of gasoline identified under subsection 9(1) as gasoline-like blendstock; or

  • (c) the importation into a province and within any one day, of more than 1 000 m³ of gasoline identified under subsection 9(1) or (2) as complying gasoline, U.S. reformulated gasoline, California gasoline or northern winter complying gasoline.

• (2) The notice required by subsection (1) must include

  • (a) the name and registration number of the importer;

  • (b) the type of gasoline identified under subsection 9(1), unless it is complying gasoline;

  • (c) the volume of the gasoline that is scheduled to be imported;

  • (d) the point of entry of the gasoline into Canada and the estimated date and time that it will enter Canada;

  • (e) the address of the first storage facility or refuelling facility to which the gasoline is to be delivered and the estimated date and time of its delivery there; and

  • (f) the name and telephone number of a representative of the importer through whom sampling arrangements can be made.

• (3) Effective July 1, 1999, no importer shall import gasoline by cargo tanker, railway car, boat, marine vessel or aircraft unless the gasoline is accompanied at the point of entry into Canada and at the point of delivery, and everywhere between those points, by a record that shows

  • (a) the name, address and registration number of the importer;

  • (b) the name and address of the person to whom the gasoline is to be sold or ownership transferred;

  • (c) the address of the first storage facility or refuelling facility to which the gasoline is to be delivered;

  • (d) the volume of the gasoline; and

  • (e) the type of gasoline identified under subsection 9(1), unless it is complying gasoline.

Gasoline-like Blendstock — Records and Requirements

• 13 (1) For every batch identified under subsection 9(1) as gasoline-like blendstock, every primary supplier must, before dispatching the batch from its refinery or blending facility or before importing the batch, record the name and address of the person who purchases or receives the batch, the date of dispatch or importation and the volume of the batch that is scheduled to be dispatched or imported.

• (2) Every primary supplier must provide the Minister, as an annex to the report required under section 8 and for each batch of gasoline-like blendstock that was dispatched or imported during the period covered by the report, with the information prescribed under subsection (1), except the scheduled volume, and with the actual volume of the batch dispatched or imported.

• (3) Effective July 1, 1999, every person who purchases or receives a batch of gasoline-like blendstock and does not export it must

  • (a) subject to subsection (4), refine or blend the batch to manufacture complying gasoline or gasoline referred to in subsection 2(1); and

  • (b) record the name, address and registration number of the primary supplier who originally supplied the batch of gasoline-like blendstock, the name and address of the seller or provider of the batch, the date of purchase or transfer of ownership of the batch and the volume of the batch.

• (4) Effective July 1, 1999, a person who has purchased or received a batch of gasoline-like blendstock may sell or transfer ownership of the batch on condition that the person, before the sale or transfer of ownership, makes a record of the name and address of the person who purchases or receives the batch, the date of sale or transfer of ownership of the batch and the volume of the batch.

• (5) Effective July 1, 1999, no person shall, in respect of gasoline-like blendstock,

  • (a) sell it or offer it for sale

    • (i) represented as complying gasoline, or

    • (ii) for use in a spark ignition engine; or

  • (b) dispense it for use in a spark ignition engine.

PART 2Option for a Yearly Pool Average

Application

• 14 (1) Subject to subsection (2), this Part, except for subsections 16(2) to (7), applies only to primary suppliers who elect under section 15 to meet the requirements of these Regulations on the basis of a yearly pool average, and only in respect of the facility or province of importation for which the election has been made, for

  • (a) benzene;

  • (b) the benzene emissions number; or

  • (c) both benzene and the benzene emissions number.

• (2) The requirements of sections 17 to 22 with respect to the benzene emissions number or a model parameter other than benzene do not apply to a primary supplier who has elected under section 15 to meet only the requirements for benzene referred to in paragraph (1)(a).

Election — Yearly Pool Average

• 15 (1) A primary supplier may elect to meet the requirements of these Regulations on the basis of the yearly pool average for

  • (a) benzene instead of the limit specified in subsection 3(1);

  • (b) the benzene emissions number instead of the limits specified in section 4; or

  • (c) benzene and the benzene emissions number instead of the limits specified in subsection 3(1) and section 4, respectively.

• (1.1) A primary supplier who elects under subsection (1) must notify the Minister at least 60 days before the beginning of the first year for which the basis will be a yearly pool average.

• (2) A primary supplier may cancel the election by notifying the Minister any time prior to 60 days before the beginning of the first year for which the basis will not be a yearly pool average.

• (3) The Minister may revoke the election of a primary supplier who is convicted of an offence under the Act in respect of these Regulations.

Prohibition and Temporary Alternative Limits for Benzene and the Benzene Emissions Number

• 16 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for benzene on the basis of a yearly pool average shall supply gasoline that contains benzene at a concentration that exceeds 1.5% by volume or at a yearly pool average concentration, determined in accordance with section 18, that exceeds 0.95% by volume.

• (2) Despite subsections (1) and 3(1) and sections 4 and 17, a primary supplier may apply to the Minister to be temporarily subject to limits, established from laboratory and volumetric data for gasoline supplied by the primary supplier during 1994, 1995 or 1996, alternative to those specified in subsection (1) or 3(1) or section 4 or 17, for

  • (a) the limits for the yearly pool average, volumetrically weighted to account for the different requirements for gasoline supplied during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f) and gasoline supplied during the remainder of the year; and

  • (b) the limits other than those for the yearly pool average.

• (3) An application under subsection (2) shall be submitted to the Minister, by registered mail or courier, before June 4, 1999, and shall contain

  • (a) the name and address of the primary supplier and the location of the refinery or blending facility or, in the case of an importer, the province of importation, for which the primary supplier is unable to meet the requirements of subsection (1) or 3(1) by July 1, 1999;

  • (b) a geographic description of the area where gasoline supplied from the refinery or blending facility or by the importer is sold to the consumer;

  • (c) the limits proposed under subsection (2);

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

  • (e) written evidence that all laboratory and volumetric data provided have been verified by an auditor;

  • (f) a date, not later than December 31, 1999, until which the primary supplier proposes to use temporary alternative limits;

  • (g) a detailed explanation of why the primary supplier is unable to meet the requirements of subsection (1) by July 1, 1999, including reasons beyond its control;

  • (h) the reasons why the area described in paragraph (b) and the date referred to in paragraph (f) are proposed;

  • (i) a detailed explanation with supporting documentation of the reasons referred to in paragraph (4)(b); and

  • (j) if a primary supplier has elected to meet a requirement on the basis of a yearly pool average, an update of the compliance plan required under section 21, taking into account the requirements of subsections (5) to (7) and despite the deadline specified in subsection 21(3).

• (4) The Minister shall authorize the primary supplier to use the temporary alternative limits under subsection (2) only if

  • (a) the primary supplier has made all reasonable efforts to meet the requirements of subsection (1) or 3(1) by July 1, 1999;

  • (b) the non-authorization of temporary alternative limits would

    • (i) have a significant effect on the supply of gasoline or other petroleum products in the area identified under paragraph (3)(b),

    • (ii) require the primary supplier to significantly curtail operations or cease operating for a period of time and thereby result in financial hardship, or

    • (iii) result in the primary supplier going out of business;

  • (c) the temporary alternative limits are representative of or superior to the quality of gasoline supplied by the primary supplier during 1994, 1995 or 1996; and

  • (d) the reasons provided under paragraph (3)(h) are well-founded.

• (5) The primary supplier may use the temporary alternative limits under subsection (2) for the refinery, blending facility or province of importation identified under paragraph (3)(a)

  • (a) during the period beginning on July 1, 1999 and ending on December 31, 1999, for the limits referred to in paragraph (2)(a); and

  • (b) during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f), for the limits referred to in paragraph (2)(b).

• (6) A primary supplier who is subject to temporary alternative limits and who, during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f), supplies a batch from a refinery or blending facility identified under paragraph (3)(a) or imports a batch into the province identified under that paragraph, must report to the Minister, in writing, by February 14, 2000, in respect of each batch,

  • (a) the values of the model parameters;

  • (b) the benzene emissions number;

  • (c) the volume and grade; and

  • (d) the date or dates on which the batch was dispatched or imported.

• (7) A primary supplier that uses temporary alternative limits under subsection (2) must meet the limits specified in subsection (1) or 3(1) and section 4 or 17

  • (a) effective January 1, 2000, for the limits on the yearly pool average; and

  • (b) after the date established under paragraph (3)(f), for all other limits.