GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 88
Performance test — modifications 88 (1) If the vapour control system is a vapour recovery system or vapour destruction system, the operator must ensure that the performance test referred to in section 87 is performed in accordance with section 7 of the National Standard of Canada CAN/CGSB 3.1000–2024, entitled Vapour Control Systems in Gasoline Distribution Networks , with the following modifications: (a) the test method applies to all vapour recovery systems and vapour destruction systems; (b) a reference to “terminal” is to be read as a reference to “facility”; (c) a reference to “gasoline” is to be read as a reference to “volatile petroleum liquid”; (d) a reference to “gasoline vapour” is to be read as a reference to “ vapour”; (e) if the vapour control system is used to control VOC emissions from a tank, the performance test period must be of the same duration as the performance test period set out in the standard and include at least one hour during which the tank is being filled at the maximum rate; (f) the use of alternate test methods, including continuous emissions monitoring, is not permitted; (g) the total hydrocarbon analyzer must be a separate device from the continuous monitoring device and both devices must independently collect data throughout the test period; (h) detections of methane and ethane may be excluded from the results collected by the total hydrocarbon analyzer by either (i) using a device of a type that is insensitive to those substances, or (ii) subtracting the effect of those substances from the reading using a calibration or correction factor that is established on the day of the test and appropriate for the testing conditions, including temperature, pressure, overall atmospheric composition and actual vapour composition; (i) in all calculations and calibrations, references to propane or the properties of propane, including density or molecular mass, must be replaced by references to another appropriate substance or to the properties of that other substance whenever necessary to accurately represent the properties of a volatile petroleum liquid; (j) the volume of substances that are not volatile petroleum liquids must not be included in calculations relating to the volume of liquid loaded; and (k) the results of the calculations may indicate the performance of the vapour control system in terms of the mass of VOCs emitted per m 3 of vapour vented instead of the mass of VOCs emitted per litre of liquid loaded. More than one tank (2) For the purposes of paragraph (1)(e), if the vapour control system is used to control the emissions of multiple tanks, only one tank must be filled during the test. Continuous monitoring device (3) The accuracy of a continuous monitoring device referred to in paragraph 54 (1)(a) is evaluated by comparing the measurements generated by the device during the test to the results of the performance test referred to in section 87 .
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 89
Vapour balancing system — test 89 (1) If the vapour control system is a vapour balancing system, the operator must ensure that the performance test referred to in section 87 covers the entire duration of the loading from a tank to a vehicle tank and the entire duration of the loading from a vehicle tank to a tank. Test elements (2) The test must include the following elements: (a) the use of a calibrated pressure gauge to monitor the pressure at the vapour outlet of the vehicle tank during loading; and (b) the use of visual, auditory or olfactory methods to monitor the pressure-vacuum vents on the vehicle tank and the tank to determine whether any of the vents open during loading. Loading during the test (3) During the test, loading must be performed in accordance with the operator’s standard operating procedures, involve vehicles typically used at the facility and be performed without modifications to enhance system performance for the purpose of the test.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 90
Repair — deadline 90 (1) The operator of a facility must, within 45 days after the day on which a defect of any vapour control system at the facility is detected (a) repair the defect and perform any tests or inspections necessary to confirm that the repair is successful; or (b) use a temporary vapour control system. Repair deadline exception (2) Despite subsection (1), if the operation of the vapour control system is not required on the last day of the period referred to in subsection (1), the operator must ensure that the measures referred to in paragraph 1(a) or (b) are taken before the operation of the vapour control system is next required. Defects (3) A vapour control system has a defect if (a) it has a vapour leak or liquid leak; (b) in the case of a vapour recovery system or vapour destruction system, (i) it is equipped with a continuous monitoring device that does not meet the requirements of section 54 , or (ii) its VOC recovery or destruction performance is insufficient to allow it to meet the requirements of section 57 or 58 , as the case may be; (c) in the case of a vapour balancing system, (i) it has a measured pressure in excess of 4.5 kPa at the vehicle tank vapour outlet, or (ii) its pressure-vacuum vents are open at a pressure lower than the pressure relief setting set out in paragraph 78 (b) during loading activities; or (d) it has any other defect that is likely to reduce its performance.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 91
Monthly inspection 91 (1) The operator of a facility must ensure that the space above each internal floating roof at the facility is inspected at least once a month and no less than 14 days after the day on which the previous inspection was performed. Inspections omitted (2) Despite subsection (1), the operator may omit up to four inspections in one calendar year if weather conditions or unforeseen circumstances cause safety concerns or access problems that render inspection impracticable. LEL% (3) An inspection must include a determination of the value of the LEL% in the space above the internal floating roof under the control conditions and in accordance with the procedure described in Schedule 6.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 92
Baseline LEL% 92 (1) The operator must calculate a baseline LEL% for the purposes of evaluating the performance of the internal floating roof. Calculation (2) Subject to subsection (3), the baseline LEL% is the arithmetic average of all the values of the LEL% determined in the space above the internal floating roof over the previous four years. Excluded (3) The following values are excluded from the calculation of the baseline LEL%: (a) all values of the LEL% determined before any total replacement of the primary seal or secondary seal; (b) all values of the LEL% that exceed 20 or, if the benzene concentration of the volatile petroleum liquid in the tank is greater than or equal to 20% by weight, that exceed 10; and (c) all values of the LEL% determined before the day on which these Regulations come into force. No established baseline LEL% (4) Despite subsection (1), there is no established baseline LEL% if there are less than 12 LEL% values included in the calculation. Established baseline LEL% (5) If there is an established baseline LEL%, the value of the LEL% in the space above the internal floating roof must not exceed the following thresholds: (a) 150% of the baseline LEL%, if the baseline LEL% is greater than or equal to 5; and (b) 7.5, if the baseline LEL% is less than 5. No established baseline LEL% (6) If there is no established baseline LEL%, the value of the LEL% in the space above the internal floating roof must not exceed the following thresholds: (a) 10, if the tank is a high benzene tank; (b) 90, if the tank is an inerted tank that is not a high benzene tank; and (c) 20, in all other cases. Excess LEL% — second inspection (7) If, during a first inspection, the value of the LEL% exceeds the thresholds set out in subsection (5) or (6) but does not exceed the thresholds set out in paragraphs 101 (1)(b) or (c), a second inspection may be performed within seven days after the day of the first inspection and if, during the second inspection, the value of the LEL% does not exceed the applicable thresholds set out in subsection (5) or (6), the value determined during the first inspection is not a defect, despite paragraph 100 (5)(d).
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 94
Monthly inspection 94 (1) The operator of a facility must ensure that the upper surface of each external floating roof at the facility is visually inspected at least once a month and no less than 14 days after the day on which the previous inspection was performed, for the defects referred to in paragraphs 100 (5)(e) to (g). Inspection without delay (2) Despite subsection (1), if weather conditions or unforeseen circumstances cause safety concerns or access problems that render an inspection impracticable, the operator may delay the inspection but must perform it without delay once the circumstances permit and must not delay it by more than seven days.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 95
Annual inspection 95 (1) The operator of a facility must ensure that the upper surface of each external floating roof at the facility is visually inspected annually – no less than 10 months after the day on which the previous inspection was performed – for the defects referred to in paragraphs 100 (5)(a), (c) and (e) to (h) and must ensure that the secondary seal gaps are measured annually under the control conditions and in accordance with the procedure described in Schedule 4. No more than two metres (2) The inspection of an opening of the external floating roof deck, as part of the visual inspection referred to in subsection (1), must be performed from a distance of no more than two metres from the opening.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 96
Inspection every five years 96 The operator of a facility must ensure that each external floating roof at the facility and the exposed part of the internal wall of the tank in which it is installed are inspected every five years and that the inspection includes (a) a measurement of the primary seal gaps under the control conditions and in accordance with the procedure described in Schedule 4, unless the rim seal is being replaced at the time of the inspection; (b) an inspection of the primary and secondary seals in which they are pulled back all around the internal wall and checked for their proper operation; (c) an inspection of the secondary seals for signs of buckling or indications that the angle with the internal wall is too shallow; (d) an inspection of all hatches, covers and other emissions control devices, including seals and internal floats, to locate tears, holes, corrosion, swelling, embrittlement or any other damage that would substantially reduce their emissions control efficacy; (e) an inspection of the exposed part of internal wall of the tank for grooving, corrosion, coating failures and out-of-roundness; (f) if applicable, an inspection of the automatic gauging guide of the tank and the lower sheave housing for signs of vapour leaks and liquid leaks; (g) an inspection of the wind girder for corrosion damage; (h) a visual inspection of the external floating roof for inadequate drainage; (i) if applicable, a test operation of the hatches to verify that they seal automatically after use; (j) if applicable, an inspection of all guide poles and gauge wells for thinning and signs of grooving or wear; (k) an inspection of the levelness of the external floating roof, at a minimum of three locations, in which the distance from the roof rim to a horizontal weld seam that is above the floating roof is measured; (l) an inspection of the emergency drains to ensure that the covers or sealing are adequate; (m) if applicable, an inspection of the inside the pontoons and a determination of the value of the LEL% inside of the pontoons to detect vapour leaks and liquid leaks; (n) an inspection of the upper deck of the external floating roof for paint failure and corrosion; and (o) if applicable, an inspection of the bolting bar on the rim-mounted secondary seals for corrosion and broken welds.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 97
Measurement of seal gap 97 Within 60 days after the day on which a rim seal of an external floating roof is replaced, the operator must measure the seal gaps under the control conditions and in accordance with the procedure described in Schedule 4.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 98
Inspector certificate 98 The operator must ensure that all inspections referred to in subsection 93 (1) and section 96 are performed by a person who holds a valid API 653 - Aboveground Storage Tank Inspector certificate issued by the American Petroleum Institute.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 99
Reduced inspection intervals 99 If design specifications or inspection findings indicate that the estimated life expectancy of any component of an internal floating roof or external floating roof is shorter than the inspection interval specified in subsection 93 (1) or section 96 , as the case may be, the interval between inspections in respect of the component must be reduced to match its estimated life expectancy.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 101
Major defects 101 (1) An operator must take the measures described in subsections (2) and (5) when any of the following defects are detected: (a) an internal floating roof or external floating roof has sunk; (b) the value of the LEL% in the space above an internal floating roof in a high benzene tank exceeds 20; or (c) the value of the LEL% in the space above an internal floating roof in a tank, other than an inerted tank, exceeds 50. Measures (2) Subject to subsections (3) and (4), if a defect referred to in subsection (1) is detected, the operator must, as soon as the circumstances permit, cease to load volatile petroleum liquids into the tank and either (a) empty the tank of all volatile petroleum liquid; or (b) use a temporary vapour control system to control emissions from the tank. Choice of measure (3) If the measures referred to in paragraphs (2)(a) and (b) can both be performed safely, the operator of a facility must choose the measure that can be completed the soonest. Additional measures (4) If the operator takes the measure referred to in paragraph (2)(b), the operator must, as soon as the circumstances permit, either repair the defect and perform any tests or inspections necessary to confirm that the repair is successful or empty the tank of all volatile petroleum liquid. Report (5) For the purposes of subsection (1), the operator must (a) as soon as feasible after the defect is detected, submit a report to the Minister that contains the information referred to in Schedule 7; (b) notify the Minister as soon as feasible of any change to the planned measures or expected timelines described in the report; and (c) update the report and submit the update to the Minister within five days after the day on which the defect is repaired.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 102
Defects — existing tanks 102 For the purposes of subsection 100 (1), all defects detected during an inspection of an existing tank performed before the day on which these Regulations come into force are considered to have been detected one year after the day on which these Regulations come into force.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 103
Plan 103 (1) Before removing a tank – other than a high benzene tank – from service or replacing the primary seal of the internal floating roof or external floating roof of such a tank while it is in service, an operator must develop a VOC emissions minimization plan that includes the information referred to in Schedule 8 and must implement that plan during the removal or replacement. Measures — removal from service (2) In the case of the removal of a tank from service, the VOC emissions minimization plan must include at least one of the following measures: (a) substitution, dilution or chemical decontamination of the liquid in the tank such that the liquid is no longer considered to be a volatile petroleum liquid; (b) completion of the removal within 15 days after the tank’s internal floating roof or external floating roof is no longer floating on the surface of the liquid; or (c) use of a temporary vapour control system under section 43 . Record (3) The operator must record any deviations to the measures included in the plan and the date of completion of the plan.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 104
Pressure-vacuum vent 104 (1) The operator of a facility must ensure that each pressure-vacuum vent at the facility is inspected annually and no less than 10 months after the day on which the previous inspection was performed to ensure that it meets the requirements set out in paragraph 78 (a). Five years (2) The operator must ensure that the pressure-vacuum vent is inspected every five years to ensure it meets the requirements set out in paragraphs 78 (b) and (c).
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 105
Defect detected 105 (1) If a defect of a pressure-vacuum vent is detected while the tank on which it is installed is in service, the operator must ensure that the defect is repaired as soon as feasible and no later than 45 days after the day on which it was detected. Defects (2) A pressure-vacuum vent for which the requirements set out in section 78 have not been met is considered to have a defect.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 106
Reasons 106 (1) The operator of a facility must develop an extended repair plan for a defect of a tank or its internal floating roof or external floating roof if an authorized official determines that the tank needs to be removed from service so that the defect may be repaired but the tank cannot, for one of the following reasons, be removed from service such that the repair can be completed within the applicable time limit set out in section 100 : (a) the tank’s removal from service would require a shutdown of some or all of the petroleum processing equipment at the facility; (b) there are no options at the facility or elsewhere for the storage, processing, treatment or disposal of the contents of the tank; or (c) there are significant risks to safety, human health or the environment associated with the tank’s removal from service that would be mitigated with additional repair time. Submission to Minister and content of plan (2) The extended repair plan must be submitted to the Minister at least 30 days before the applicable time limit set out in section 100 ends and must include the information referred to in Schedule 9. Clarifications or additional information (3) The Minister may, on receiving the extended repair plan, require that the operator provide any clarifications or additional information. Re-submission of plan (4) If, on receiving the extended repair plan, the Minister has reasonable grounds to believe that the date set out in the plan for the tank’s removal from service is later than warranted by the circumstances, the Minister may require that the operator resubmit the plan and change that date to a date specified by the Minister. Implementation (5) The operator must implement the extended repair plan beginning the day after the day on which the applicable time limit set out in section 100 ends and must remove the tank from service within the time limit set out in the extended repair plan. Reason referred to in paragraph (1)(b) or (c) (6) If an operator implements an extended repair plan for a reason referred to in paragraph (1)(b) or (c), the operator must cease filling the tank with any volatile petroleum liquids beginning on the day after the day on which the applicable time limit set out in section 100 ends. Update and notification (7) An operator that implements an extended repair plan must (a) if there is a change to the information referred to in items 9 to 11 of Schedule 9, update and resubmit the extended repair plan to the Minister as soon as feasible before the change takes effect; and (b) notify the Minister of the day on which the tank is removed from service within five days after that day.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 107
Federal, provincial or municipal approval 107 (1) If the measures that an operator has to take to repair a defect require approval from a federal, provincial or municipal authority, the following periods are not included in the calculation of the time limits set out in subsections 90 (1) and 100 (1), (3) and (4), subsection 105 (1) and section 106 , as applicable: (a) a single period beginning on the day on which the defect is detected and ending 14 days after that day, so that the approval may be requested from the federal, provincial or municipal authority; and (b) any period during which the federal, provincial or municipal authority’s approval is pending. Request as soon as feasible (2) The operator must request the approval of the federal, provincial or municipal authority as soon as the circumstances permit.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 108
Inventory 108 The operator of a facility must establish and maintain an inventory in respect of the facility that contains the information referred to in Schedule 10.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 109
 description and the location of any detected leak or defect, and (v) the name of the person who performed each inspection and the name of their employer; (j) if the emissions control equipment is a pressure-vacuum vent, information on the inspections required under section 104 , including (i) the date of each inspection performed, (ii) if an inspection was omitted or not performed within the required time limits, the reason why, (iii) the results of each inspection, including a description and the location of any detected leak or defect, and (iv) the name of the person who performed each inspection and the name of their employer; and (k) if the emissions control equipment is a vapour control system or pressure-vacuum vent, information on any detected defect of it referred to in subsection 90 (3) or 105 (2), including, as applicable, (i) the date on which the defect is detected, (ii) a description of the defect, (iii) the date of which the defect is repaired, (iv) a description of the repair and the results of any necessary tests or inspections that are performed to confirm whether the repair is successful, (v) an indication of whether the repair was performed while the tank or loading rack on which it is installed was in service, and (vi) the reasons why the defect was not repaired within the time limit set out in subsection 90 (1) or 105 (1), if applicable.