GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 30
Obligation to inspect 30 (1) An equipment component at an upstream oil and gas facility must be inspected, during the periods referred to in subsection (3), for the release of hydrocarbons by means of an eligible leak detection instrument. Eligible leak detection instruments (2) The following leak detection instruments are eligible: (a) a portable monitoring instrument if it (i) meets the specifications set out in Section 6 of EPA Method 21, (ii) is operated in accordance with the requirements of Section 8.3 of EPA Method 21 to the extent that those requirements are consistent with its manufacturer’s recommendations, (iii) is calibrated in accordance with Sections 7, 8.1, 8.2 and 10 of EPA Method 21 before it is used, for each day on which it is used, and (iv) undergoes a calibration drift assessment after its last use on each of those days in accordance with the requirements set out in Section 60.485a(b)(2) of Subpart VVa, entitled Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After November 7, 2006 , in Part 60 of Title 40, Chapter I of the Code of Federal Regulations of the United States; and (b) an optical gas-imaging instrument if it is capable of imaging gas that is (i) in the spectral range for the compound of highest concentration in the hydrocarbon gas to be measured, (ii) half methane and half propane at a total concentration of at most 500 ppmv and at a flow rate of at least 60 g/h leaking from an orifice that is 0.635 cm in diameter, and (iii) at the viewing distance determined in accordance with the requirements of the alternative work practice of the Environmental Protection Agency of the United States set out in Sections 60.18(h)(7)(i)(2)(i) to (v) of Section 60.18, entitled General control device and work practice requirements , in Part 60 of Title 40, Chapter I of the Code of Federal Regulations of the United States. Period for inspections (3) The period for inspections is as follows: (a) for the first inspection, on or before the later of May 1, 2020 and the day that occurs 60 days after the day on which production at the facility first began; and (b) for subsequent inspections, at least three times per year and at least 60 days after a previous inspection. Operation and maintenance (4) An eligible leak detection instrument must be operated and maintained in accordance with the recommendations, if any, of its manufacturer. Training (5) The inspection must be conducted by an individual who, not more than five years before the inspection, has received training in (a) the operation and maintenance, in accordance with subsection (4), of eligible leak detection instruments; and (b) the calibration requirements set out in subparagraphs (2)(a)(iii) and (iv), if an eligible portable monitoring instrument is used.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 31
Leaks 31 (1) A release of hydrocarbons from an equipment component is a leak if (a) the release consists of at least 500 ppmv of hydrocarbons, as determined by an inspection conducted by means of an eligible portable monitoring instrument in accordance with EPA Method 21; or (b) the release is detected (i) during an inspection conducted by means of an eligible optical gas-imaging instrument, or (ii) by means of an auditory method, an olfactory method or a visual method, including the observation of the dripping of hydrocarbon liquids from the equipment component. Release not considered a leak (2) A release that is detected under paragraph (1)(b) is no longer considered to be a leak if the equipment component undergoes an inspection conducted by means of an eligible portable monitoring instrument in accordance with EPA Method 21 and the release is determined to consist of less than 500 ppmv of hydrocarbons.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 32
Period for repair 32 (1) A leak from an equipment component that is detected, whether as a result of an inspection or otherwise, must be repaired (a) if the repair can be carried out while the equipment component is operating, within 30 days after the day on which it was detected; and (b) in any other case, within the period before the end of the next planned shutdown unless that period is extended under section 33 . Next planned shutdown (2) The next planned shutdown must be scheduled not later than the date on which the estimated volume of hydrocarbon gas, expressed in standard m 3 , that, beginning from the day on which the leak is detected, would if no repairs are made be emitted from the leaking equipment component in question and from all other equipment components that are also leaking as of that day is equal to the volume of hydrocarbon gas, expressed in standard m 3 , that would be emitted due to purging of hydrocarbon gas from equipment components in order to carry out the repair. Repair (3) A leak in an equipment component is considered to be repaired if the release is determined to consist of less than 500 ppmv of hydrocarbons based on an inspection of the equipment component by means of an eligible portable monitoring instrument in accordance with EPA Method 21 that is capable of measuring hydrocarbon concentrations in ppmv.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 33
Extension up to six months for repair 33 (1) An operator for an upstream oil and gas facility that must repair an equipment component on or before the end of a period referred to in paragraph 32 (1)(b) may, not later than 45 days before the end of the period, apply to the Minister to extend the period for up to six months. Granting of extension (2) The Minister must grant the application and extend the period for up to six months if the application contains the information set out in Schedule 1 and (a) documents that establish that, as of the making of the application, there are reasonable grounds to conclude that it is not technically feasible to complete the repair of the equipment component before the end of the next planned shutdown; (b) documents that establish that the applicant has a plan to repair the equipment component that sets out (i) the expected date for the completion of the repair, (ii) the steps to be taken to ensure completion of the repair on or before that date, (iii) a justification, with supporting documents, for the belief that that date is the earliest feasible date to complete the repair, and (iv) measures to be taken to minimize, if not eliminate, any harmful effect on the environment or human health from the emission of hydrocarbon gas before the completion of the repair; and (c) a statement that the implementation of the plan is to begin within 30 days after the day on which the extension is granted. Renewal (3) The period granted under subsection (2) may be further extended by application made under subsection (1). At most two applications for a further extension may be made. Refusal of application (4) The Minister must refuse the application if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in the application.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 34
Revocation of extension 34 (1) The Minister must revoke the extension granted under subsection 33 (2) if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in their application for the extension. Conditions for revocation (2) The Minister must not revoke the extension unless the Minister has provided the applicant with (a) written reasons for the proposed revocation; and (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 35
Requirements for alternative program 35 (1) The alternative leak detection and repair program must include measures respecting (a) the inspection for leaks; (b) the operation, maintenance and calibration of leak detection instruments, if applicable; and (c) the repair of leaks detected. Reversion to regulatory program (2) An operator for a facility that has not made a demonstration required by paragraph 29 (1)(b) must establish and carry out a regulatory leak detection and repair program.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 36
t was obtained; and (f) for each repair that was not carried out within 30 days after the detection of the leak: (i) an indication as to why the equipment component could not be repaired while it was operating, and (ii) if applicable, the date determined in accordance with subsection 32 (2), along with the information and calculation on which that determination was based. Alternative LDAR programs (2) A record, with supporting documents, must be made of the following information related to the carrying out of an alternative leak detection and repair program: (a) the date on which each inspection was conducted and, if applicable, the name of the person who conducted it; (b) the type of equipment component that was inspected, along with its location within the facility or its GPS coordinates, to five decimal places; (c) a description as to the means by which the leak was identified; (d) if applicable, for each leak detection instrument used, a description of the operation, maintenance and calibration measures in relation to that instrument, along with the dates of its maintenance and calibrations and the names of the persons who carried out the maintenance and calibrations; (e) for each repair of a leak from an equipment component, (i) a description of the steps that were taken to repair the leak, along with the dates on which those steps were taken, and (ii) the result obtained after the repair following an inspection, along with a description of the means by which that inspection was conducted, its date and, if applicable, the name of the person who conducted it; and (f) the demonstrations referred to in paragraph 29 (1)(b). Document-keeping (3) A copy of each recommendation of the manufacturer for the operation and maintenance, if any, of each eligible leak detection instrument that is used must be kept.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 37
Pneumatic controllers — bleed rate 37 (1) A pneumatic controller at an upstream oil and gas facility must not operate using hydrocarbon gas, other than propane, unless (a) it is operated at an operational setting such that its bleed rate for that operational setting is less than or equal to 0.17 standard m 3 /h according to the manufacturer’s operating manual or according to a written demonstration, with supporting documents, made by the operator for the facility; or (b) the hydrocarbon emissions from it are captured and routed to hydrocarbon gas conservation equipment or hydrocarbon gas destruction equipment. Exception — control of production processes (2) Despite paragraph (1)(a), a pneumatic controller at an upstream oil and gas facility may operate using hydrocarbon gas, other than propane, at an operational setting such that its bleed rate for that operational setting is more than 0.17 standard m 3 /h if the operator for the facility has a written record, with supporting documents, that demonstrates that the pneumatic controller must operate at that operational setting because of the need for the pneumatic controller to have a sufficient response time to control a process in the facility’s production activities.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 38
Records — pneumatic controllers 38 A record in respect of each pneumatic controller used at an upstream oil and gas facility that operates using hydrocarbon gas must be made that indicates (a) the identifier for the pneumatic controller; (b) whether the pneumatic controller is used (i) for controlling pressure or flow rate, (ii) for controlling liquid levels, (iii) for controlling temperature, (iv) as a transducer, (v) as a positioner, or (vi) as an emergency response device, or (vii) for another purpose or as another device and, if so, the purpose or type of device; and (c) the design bleed rate for the pneumatic controller’s operational setting, including its supply pressure and, if any, its band setting, or its bleed rate according to a written demonstration, with supporting documents, made by the operator for the facility at which the controller is used.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 39
Pneumatic pumps 39 (1) Unless an operator for an upstream oil and gas facility has a permit issued in accordance with subsection 40 (2), a pneumatic pump or a group of pneumatic pumps, used at the facility that pumps methanol into a common stream or an equipment component — must not operate using hydrocarbon gas if the pump or the group of pumps has, in a month, pumped more than 20 L of methanol per day on average over the month. Demonstration of quantity of liquid pumped (2) An operator for the facility must, for each pump or group of pumps referred to in subsection (1) that operates during a month at the facility, demonstrate the quantity of liquids that it pumped, on average, per day over the month by means of (a) a record that indicates the quantity of liquid pumped during that month; or (b) documents that establish that the pump or the group of pumps could not have pumped more than 20 L of liquid per day on average over the month. When subsection (2) no longer applies (3) Subsection (2) no longer applies in respect of a pump or group of pumps as of the end of a month during which it operated at the facility and records establish that it pumped, or could have pumped, more than 20 L of liquid per day on average over the month. Non-application of subsections (1) and (2) (4) Subsections (1) and (2) do not apply in respect of any pneumatic pump if hydrocarbon emissions from it are captured and routed to hydrocarbon gas conservation equipment or hydrocarbon gas destruction equipment.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 40
Permit — pneumatic pumps 40 (1) An operator for an upstream oil and gas facility may, on or before June 30, 2022, apply to the Minister for a permit to have a pneumatic pump at the facility operate using hydrocarbon gas while its hydrocarbon emissions are not captured and routed to hydrocarbon gas conservation equipment or hydrocarbon gas destruction equipment. Issuance of permit (2) The Minister must issue the permit if the application contains the information set out in Schedule 2 and documents that establish that (a) there are reasonable grounds to conclude that it is not feasible, technically or economically, for the applicant to have the pneumatic pump operate at the facility without using hydrocarbon gas or to have the pneumatic pump function using hydrocarbon gas while its hydrocarbon emissions are captured and routed to hydrocarbon gas conservation equipment or hydrocarbon gas destruction equipment, including grounds based on (i) the capital, operating and maintenance costs of any modifications at the facility to achieve that objective, and (ii) the avoided costs and any economic benefits arising from the incurring of those capital, operating and maintenance costs; and (b) the applicant has a plan that (i) involves taking steps to minimize the emission of hydrocarbon gas from the pneumatic pump, including steps such as adjusting the capacity of the pump or its operational settings so as to achieve the desired rate of injection of chemicals from the pump with the least possible emissions, along with a schedule to implement the plan, and (ii) can reasonably be regarded as feasible for the purpose of permitting the facility to comply with subsection 39 (1) on or before January 1, 2026. Duration (3) A permit takes effect on January 1, 2023 and expires on the earliest of (a) the day on which the pneumatic pump ceases to function using hydrocarbon gas, (b) the day on which the hydrocarbon emissions from the pneumatic pump begin to be captured and routed to hydrocarbon gas conservation equipment or hydrocarbon gas destruction equipment, and (c) December 31, 2025. Refusal of application (4) The Minister must refuse the application if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in the application.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 41
Tagging 41 (1) A pneumatic controller that is referred to in subsection 37 (2) or a pneumatic pump referred to in a permit issued under subsection 40 (2) must be tagged to indicate that it is not subject to subsection 37 (1) or 39 (1) or an entry to that effect must be made in an electronic tracking system. Identifier (2) The tag or the entry must also include an identifier for the pneumatic controller or the pneumatic pump.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 42
Pipes and hatches 42 A hatch and the open end of a pipe at an upstream oil and gas facility must be closed — other than during an operation at the facility that requires the hatch or pipe to be open — in such a way as to minimize the emission of hydrocarbon gas.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 43
Sampling systems and pressure relief devices 43 A sampling system or a pressure relief device used at an upstream oil and gas facility must be installed and operated in such a way as to minimize the emission of hydrocarbon gas from the system or the pressure relief device.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 44
Records — hatches, pipes, systems and devices 44 A record must be made that indicates whether an upstream oil and gas facility has a hatch, a pipe with an open end or uses a sampling system or pressure relief device.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 45
Subsection 40 (2) 45 (1) The Minister must revoke a permit issued under subsection 40 (2) if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in their application for the permit. Conditions for revocation (2) The Minister must not revoke a permit unless the Minister has provided the applicant with (a) written reasons for the proposed revocation; and (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 54
Registration report 54 (1) An upstream oil and gas facility in respect of which any of sections 5 , 9 , 11 , 14 and 15 apply or in respect of which sections 26 to 45 apply and an offshore facility in respect of which section 46 applies must be registered by providing the Minister with a registration report for the facility that contains the information set out in Schedule 3. Date of registration (2) The facility must be registered not later than 120 days after the later of (a) January 1, 2020, and (b) the earlier of (i) the first day on which any of sections 5 , 9 , 11 , 14 , 15 and 46 apply in respect of the facility, and (ii) the first day of the month referred to in subsection 20 (1) as of which sections 26 to 45 apply in respect of the facility. Updated information (3) If there is a change such that the information provided in the facility’s registration report is no longer accurate, a notice to that effect that contains the updated information, along with the information referred to in item 4 of Schedule 3, must be sent to the Minister not later than 90 days after the change.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 55
Provision of information 55 (1) Information that is required under section 54 to be in a registration report provided to the Minister may be provided to the Minister via an approved entity. Deemed provision of registration report (2) If all of the information required to be in a registration report is provided to the Minister via an approved entity, the operator for that facility must notify the Minister to that effect. The registration report is deemed to have been provided to the Minister on the day on which the Minister receives that notice. Approval of entity (3) The Minister may approve an entity for the purpose of subsection (1) if the Minister concludes an arrangement with the entity under which information referred to in section 54 that is provided to the entity is accessible to the Minister. Publication of approved entities (4) The Minister must publish a list of approved entities in the Environmental Registry established under section 12 of the Canadian Environmental Protection Act, 1999 . Withdrawal of approval (5) The Minister may withdraw the approval of an entity and publish a notice to that effect in the Environmental Registry.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 56
Record-making and updates 56 (1) A record that is required to be made under these Regulations must be made within 30 days after the day on which the information to be recorded becomes available. The record must be updated within 30 days after the information to be updated becomes available. Record-keeping — indefinite (2) A record, along with supporting documents, of information that applies on an ongoing basis must be kept indefinitely until an update is required. Record-keeping — five years (3) If an update referred to in subsection (2) is required, the record of the information, along with its supporting documents, as recorded before the updating must be kept for five years after the updating. Record-keeping — five years (4) A record, along with supporting documents, of information that applies only in respect of a given day, must be kept for five years after that given day. Document-keeping (5) A document that is required to be kept under these Regulations must be kept for five years. Place kept (6) The records and documents must be kept at the upstream oil and gas facility to which they relate or at another place in Canada where they can be inspected. Provision of records (7) On the Minister’s request, the operator must, within 60 days after the day on which the request was made, provide any of the records or documents kept to the Minister.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 58
January 1, 2020 58 (1) Subject to subsection (2), these Regulations come into force on January 1, 2020. January 1, 2023 (2) Sections 26 , 27 and 37 to 41 of these Regulations and paragraphs 30 (p), (q), (v), (w) and (x) of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) , as enacted by section 57 of these Regulations, come into force on January 1, 2023.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 1
1 The name and civic address of the operator.