Benzene in Gasoline Regulations — 17
17 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for the benzene emissions number on the basis of a yearly pool average shall supply (a) a batch during the summer that has a benzene emissions number exceeding 102; (b) a batch during the winter that has a benzene emissions number exceeding 132; or (c) gasoline if the yearly pool average for the benzene emissions number, determined in accordance with section 18, exceeds 59.5. (2) Despite subsection (1), a primary supplier may elect to be subject to limits alternative to those specified in that subsection if the primary supplier submits to the Minister, by registered mail or courier, before December 1, 1998, (a) 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; (b) alternative limits for one or more of the limits specified in subsection (1) established in accordance with subsection (3); and (c) written evidence that all laboratory and volumetric data and the alternative limits provided have been verified by an auditor. (3) The primary supplier must establish the alternative limits from the laboratory and volumetric data submitted under paragraph (2)(a), adjusted to reflect the compositional requirements of these Regulations for benzene, by using one of the following methods: (a) if values for the model parameters exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by (i) if the concentration of benzene for a batch exceeds 1.5% by volume, setting the value used for the concentration of benzene for that batch to 1.5% by volume, (ii) once the adjustment required by subparagraph (i) has been made for all batches, calculating the benzene emissions number for each batch, (iii) separately calculating for the summer and for the winter the 95th percentile of the benzene emissions numbers calculated in accordance with subparagraph (ii), and using the obtained values as limits alternative to those specified in paragraphs (1)(a) and (b), respectively, for the purposes of paragraph (2)(b), (iv) setting the value used for the concentration for benzene for each batch to 0.95% by volume, (v) once the adjustment required by subparagraph (iv) has been made for all batches, calculating the benzene emissions number for each batch, and (vi) calculating the primary supplier’s limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the individual benzene emissions numbers calculated under subparagraph (v), and using that value for the purposes of paragraph (2)(b); and (b) if values for the model parameters do not exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by (i) calculating the average, on a volume-weighted basis, of each of the model parameters for both the summer and the winter of the applicable year, (ii) setting the values used for the summer and winter averages for benzene to 0.95% by volume, (iii) calculating the average summer benzene emissions number and the average winter benzene emissions number using the summer average and winter average of each model parameter, respectively, adjusted in accordance with subparagraph (ii), (iv) calculating the limits alternative to those specified in paragraphs (1)(a) and (b) by multiplying by 2 the average summer benzene emissions number and the average winter benzene emissions number, respectively, calculated in accordance with subparagraph (iii), and using those alternative limits for the purposes of paragraph (2)(b), and (v) calculating the limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the average summer benzene emissions number and the average winter benzene emissions number, calculated in accordance