GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) — 21
Deployment of sampling tubes 21 (1) The sampling tubes must be deployed at the facility fenceline in accordance with the procedures set out in sections 8.5 to 8.5.10 and 9.3 to 9.3.2 of EPA Method 325A, with the following modifications: (a) for the purpose of section 8.5.9 of that Method, the required sampling period is 13 to 15 days; and (b) for the purpose of section 9.3.1 of that Method, at least two sampling tubes must be deployed at the fenceline for the purpose of collecting duplicate samples during each sampling period. Collection of sampling tubes (2) The sampling tubes deployed at the fenceline must be collected in accordance with the procedures set out in sections 8.6 to 8.6.5 of EPA Method 325A and must all be collected on the same day and, subject to subsection 24 (3), every 13 to 15 days. Continuous sampling (3) When sampling tubes are collected at the fenceline in accordance with subsection (2) on any day, the subsequent deployment of sampling tubes must be carried out on the same day, so that the sampling is continuous.
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Storage of sampling tubes 22 Sampling tubes must be stored in accordance with the procedures set out in sections 6.4 to 6.4.2 of EPA Method 325B.
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Analysis of samples 23 The analysis of all samples collected under the fenceline monitoring program for the purpose referred to in subsection 17 (1) must meet the following requirements: (a) the gas chromatography and mass spectrometry equipment must meet the requirements set out in sections 6.8 to 6.10 of EPA Method 325B; (b) the laboratory reagents and standard compounds used must meet the requirements set out in sections 7.2 to 7.6 of EPA Method 325B; (c) the samples must be analyzed within the period required by section 8.5.4 of EPA Method 325B; (d) all quality control procedures must be carried out in accordance with sections 9.0 to 9.5 and 9.12 to 9.17 of EPA Method 325B; (e) the method detection limit of the gas chromatograph for each substance set out in Schedule 2 must be determined in accordance with section 9.6 of EPA Method 325B; (f) if the concentration of a substance in a sample is below the method detection limit for that substance, the method detection limit must be used as the sampling result for that substance; (g) the analytical bias, the analytical precision and the field replicate precision must be determined in accordance with sections 9.7, 9.8 and 9.9, respectively, of EPA Method 325B; (h) the sample desorption efficiency and the compound recovery and audit must meet the requirements of sections 9.10 to 9.11 of EPA Method 325B; and (i) the calibration and standardization protocols for the gas chromatography and mass spectrometry equipment must be in accordance with those set out in sections 10.0 to 10.9.5.2 of EPA Method 325B.
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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. 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 . 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. 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).
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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. 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.
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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. 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. 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. 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.
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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. 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. 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. 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.
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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. Retention period (2) The operator must retain the record, as well as any supporting documents, at the facility for at least five years.
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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.
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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. 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). 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.
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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. 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).
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Annual report beginning in 2023 32 (1) Beginnning in 2023 and ending in 2027, the operator of a facility must, on or before June 30 in each year, submit a report to the Minister that contains the information required by sections 33 to 41 in respect of the facility for the preceding calendar year. Annual report beginning in 2028 (2) Beginning in 2028, the operator of a facility must, on or before June 30 in each year, submit a report to the Minister that contains the information required by subsections 33 (1) and (3) and 34 (1) and (3) and sections 35 to 41 in respect of the facility for the preceding calendar year.
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the leak was detected, (iii) more than 60 days but not more than 365 days after the day on which the leak was detected, and (iv) more than 365 days after the day on which the leak was detected; and (d) the number of equipment components in which a significant leak was detected, other than during the inspections required by paragraphs 6 (1)(a) and (2)(a), but that were not repaired as of the date of the report.
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i) less than 500 ppmv, (ii) equal to or greater than 500 ppmv and less than 1000 ppmv, (iii) equal to or greater than 1000 ppmv and less than 10,000 ppmv, and (iv) equal to or greater than 10,000 ppmv; (f) the number of inspections referred to in paragraph (d) during which a leak was detected in an equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8 (5), that it could not be inspected without exposing any individual to immediate danger; (g) the number of repairs, following the detection of a significant leak in an equipment component during an inspection carried out under paragraph 6(2)(b), that were completed (i) within 15 days after the day on which the leak was detected, (ii) more than 15 days but not more than 60 days after the day on which the leak was detected, (iii) more than 60 days but not more than 365 days after the day on which the leak was detected, and (iv) more than 365 days after the day on which the leak was detected; and (h) the number of equipment components in which a significant leak was detected during such an inspection but that were not repaired as of the date of the report. Gas and light-liquid equipment components — other detections (3) The annual report must contain, with respect to the gas and light-liquid equipment components that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in Schedule 1, the following information for each of those types of equipment components: (a) the number of leaks that were detected, other than during the inspections required by paragraphs 6 (1)(b) and (2)(b), for which the concentration of VOCs, as measured by a portable monitoring instrument that meets the requirements of subsection 5 (1), was (i) less than 500 ppmv, (ii) equal to or greater than 500 ppmv and less than 1000 ppmv, (iii) equal to or greater than 1000 ppmv and less than 10,000 ppmv, and (iv) equal to or greater than 10,000 ppmv; (b) the number of leaks that were detected, other than during the inspections required by paragraphs 6 (1)(b) and (2)(b), in an equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8 (5), that it could not be inspected without exposing any individual to immediate danger; (c) the number of repairs, following the detection of a significant leak in an equipment component other than during the inspections required by paragraphs 6(1)(b) and (2)(b), that were completed (i) within 15 days after the day on which the leak was detected, (ii) more than 15 days but not more than 60 days after the day on which the leak was detected, (iii) more than 60 days but not more than 365 days after the day on which the leak was detected, and (iv) more than 365 days after the day on which the leak was detected; and (d) the number of equipment components in which a significant leak was detected, other than during the inspections required by paragraphs 6 (1)(b) and (2)(b), but that were not repaired as of the date of the report.
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Valves with three significant leaks 35 The annual report must indicate, with respect to the valves that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in items 1 to 3 of Schedule 1, the number of each of those types of valves (a) in which a significant leak was detected for the third time in 24 consecutive months; (b) that are referred to in paragraph (a) and that were replaced or re-packed as required by subsection 8 (8); and (c) that are referred to in subsection 8 (9).
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Equipment components exempt from certain inspections 36 The annual report must indicate (a) the number of each of the types of pumps set out in items 4 and 5 of Schedule 1 that were exempt from the inspections required by subsections 6 (1) and (2) because they met the criteria described in paragraph 6 (3)(a); and (b) the number of each of the types of equipment components set out in Schedule 1 that were exempt from the inspections required by subsections 6 (1) and (2) because they were designated in the inventory under paragraph 4 (2)(e) as “unsafe to inspect”.
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Reasons for no inspection 37 The annual report must indicate the identification number of each equipment component listed in the inventory that was not inspected in accordance with subsection 6 (1) or (2), as applicable, and the reasons why it was not inspected in accordance with the applicable subsection.
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Reasons for no inspection before repair 38 The annual report must indicate, with respect to each equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8 (5), that it could not be inspected without exposing any individual to immediate danger, the identification number of the component and the reasons for that determination.
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Significant leak not repaired within 15 days 39 The annual report must contain, with respect to each equipment component that was not repaired within 15 days after the day on which a significant leak was detected in the component, the following information: (a) the identification number of the component; (b) the day on which the leak was detected; (c) an indication of whether the component was flagged for repair under paragraph 8 (6)(a) or (b) or not flagged for repair at all; (d) the reasons why the component could not be repaired within that period and a description of the attempt made in accordance with subsection 8 (1) to repair it within that period; and (e) if the component was repaired, the day on which the repair was completed.