Benzene in Gasoline Regulations — 18
18 (1) Effective July 1, 1999 and subject to subsections (2) to (6), every primary supplier must calculate, for the purposes of sections 16 and 17, separate yearly pool averages for (a) the gasoline manufactured in each of its refineries; (b) the gasoline blended in each of its blending facilities; and (c) imported gasoline, on the basis of province of importation. (2) To calculate its yearly pool average, a primary supplier must (a) include all batches that it supplied during the year that were identified under subsection 9(1) or (2) as complying gasoline or northern winter complying gasoline; and (b) exclude (i) all batches that it supplied during the year that were identified under subsection 9(1) as a type of gasoline other than complying gasoline or northern winter complying gasoline, (ii) all batches that were exported by the primary supplier or by an agent or affiliate of the primary supplier, and (iii) all batches of complying gasoline that the primary supplier obtained from another person. (3) If a batch is imported and delivered to a refinery or a blending facility, the primary supplier may use a combined yearly pool average for the refinery or blending facility and the imported gasoline if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met. (4) If a primary supplier imports, or dispatches from its refinery, a batch of gasoline-like blendstock to a blending facility where it is subsequently blended resulting in complying gasoline, the primary supplier may use a combined yearly pool average for the blending facility and the refinery, or in the case of an importer, the blending facility and its applicable provincial yearly pool average, if (a) the primary supplier owns the batch of gasoline-like blendstock; (b) the batch of gasoline-like blendstock is segregated from all other batches of gasoline stored at the blending facility; and (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met. (5) If a primary supplier imports, or dispatches from its refinery, a batch of complying gasoline that is subsequently mixed with a commercially pure oxygenate or commercially pure butane in a facility, including a mobile facility, the primary supplier may adjust the model parameters of the batch to reflect the addition of the commercially pure oxygenate or the commercially pure butane that is mixed with the batch and may use the adjusted model parameters, instead of the measured model parameters, in calculating the yearly pool average for its refinery, or in the case of an importer, its applicable provincial yearly pool average, if (a) the primary supplier owns the batch of complying gasoline; (b) the primary supplier’s refinery or source of importation is the facility’s sole source of gasoline, unless the facility is mobile; and (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met. (6) For the purpose of calculating a yearly pool average, a primary supplier may combine several yearly pool averages calculated under subsection (1) if (a) the combined yearly pool average represents an annual volume of gasoline of not more than 12 000 m 3 ; (b) the refineries, blending facilities and points of importation are all located in the same province; and (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met. SOR/99-204, s. 11; SOR/2003-318, s. 10