Benzene in Gasoline Regulations

19 (1) Effective July 1, 1999 and subject to subsections (2) and (3), every primary supplier must take a sample from each batch supplied by the primary supplier using a method specified in subsection 5(1) or 6(1).

(2) If a primary supplier receives gasoline for one or more cargo tankers or railway cars from a single batch at a storage facility and the batch is not blended, mixed with other gasoline or otherwise modified during the period in which the cargo tankers or railway cars receive gasoline from the storage facility, the primary supplier may take a sample from the batch instead of taking samples from each of the cargo tankers or railway cars if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the sample represents the gasoline in the cargo tankers or railway cars.

(3) If a primary supplier imports, or dispatches from its refinery, to a blending facility gasoline-like blendstock for the purpose of manufacturing complying gasoline by blending with a commercially pure oxygenate or commercially pure butane, the primary supplier may take a sample of the gasoline-like blendstock instead of taking a sample from the resulting gasoline if the primary supplier

• (a) is using a combined yearly pool average for the facilities under subsection 18(4);

• (b) analyses each sample in accordance with subsection (4);

• (c) analyses or calculates the effect of blending the gasoline-like blendstock with the commercially pure oxygenate or commercially pure butane on the model parameters of the sample of gasoline-like blendstock analysed under subsection (4);

• (d) computes the model parameters of the resulting gasoline according to the effect calculated under paragraph (c) on the model parameters of the gasoline-like blendstock analysed under paragraph (b);

• (e) maintains a record of

  • (i) the values of the model parameters of the gasoline-like blendstock,

  • (ii) the volumes of the commercially pure oxygenate and commercially pure butane added to the gasoline-like blendstock,

  • (iii) the volumes of the gasoline-like blendstock and the resulting gasoline,

  • (iv) the calculations performed under paragraph (c), and

  • (v) the model parameters computed under paragraph (d); and

• (f) reports the volume of the resulting gasoline and the adjusted model parameters and adjusted benzene emissions number in the report required by section 8.

(4) Effective July 1, 1999, for each batch supplied by a primary supplier, the primary supplier must

• (a) for each sample taken in accordance with this section,

  • (i) analyse the sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the benzene emissions number, or

  • (ii) subject to subsection (5), combine it with other samples, thoroughly mix the composite sample, analyse the composite sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the composite value of the benzene emissions number; or

• (b) obtain records of analysis, as described in subsection 8(3), for each of the model parameters and calculate the benzene emissions number.

(5) Samples may only be combined under subparagraph (4)(a)(ii) if

• (a) the samples are the same grade of gasoline;

• (b) the samples are either summer or winter gasoline but not both;

• (c) the samples are mixed in the proportion of the volumes of the batches;

• (d) the primary supplier chooses whichever of the following compositions that, when combined, requires the most frequent analysis, namely,

  • (i) the composition that represents all the batches supplied by the primary supplier for a continuous period of up to 30 days, or

  • (ii) the composition that represents batches supplied by the primary supplier that have a combined volume of up to 1 000 m³; and

• (e) the samples are collected, handled and stored in a manner that minimizes changes in gasoline composition of the sample.

(6) Effective January 1, 2002, a primary supplier may use a statistical quality assurance program to replace the requirements of paragraph (4)(a) for a model parameter if

• (a) a report is sent to the Minister at least 60 days before the use of the statistical quality assurance program, containing

  • (i) a description of the statistical quality assurance program,

  • (ii) laboratory and volumetric data on the model parameter of the gasoline supplied by the primary supplier for the previous two years, and

  • (iii) an analysis of the results of the statistical quality assurance program compared to the results obtained under paragraph (4)(a) for the two years referred to in subparagraph (ii); and

• (b) the analysis required by subparagraph (a)(iii) demonstrates that the statistical quality assurance program, for the range of values of the model parameter for individual batches and the value of the yearly pool average,

  • (i) provides equivalent results compared to the results obtained under paragraph (4)(a), or

  • (ii) projects a higher concentration of benzene and a higher value for the benzene emissions number compared to that obtained under paragraph (4)(a).

(7) No primary supplier shall continue to use the statistical quality assurance program referred to in subsection (6) if

• (a) the mix of crude oil used to manufacture the gasoline is changed in a way that would result in the requirements of paragraph (6)(b) not being met;

• (b) any equipment is installed or modified at the refinery or blending facility that would result in the requirements of paragraph (6)(b) not being met; or

• (c) the primary supplier is convicted of an offence under the Act in respect of these Regulations.

(8) Effective July 1, 1999, every primary supplier must retain in Canada

• (a) any sample collected for the purposes of these Regulations until whichever of the following dates the primary supplier chooses, namely,

  • (i) the 30th day after the date on which the sample was analysed, or

  • (ii) the date on which the primary supplier has sampled and supplied 20 batches after the sample was analysed; and

• (b) at least 1.7 L of the sample so that analysis for each model parameter can be performed by the Minister.