Benzene in Gasoline Regulations — 16
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