GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 16
Loading factors 16 (1) The loading factor, the total loading factor and the maximum daily loading factor of a facility must be calculated in accordance with Schedule 1. Exceptional event (2) If an authorized official determines that the volume of volatile petroleum liquids loaded with a loading rack was increased temporarily due to an exceptional event that was not the result of scheduled maintenance that is under the control of the operator and determines that the operator minimized the duration and increase in volume loaded during the event to the extent possible, the calculation of the loading factor may be modified in accordance with item 1(c)(iv) of Schedule 1.
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Vehicle-to-vehicle loading 17 (1) The operator of a facility must reduce the frequency of vehicle-to-vehicle loading at the facility to a minimum. Safe location (2) The operator must ensure that vehicle-to-vehicle loading is performed in a safe location as far away as possible from occupied buildings.
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Requirements 18 The operator must ensure that sampling and testing conducted for the purposes of these Regulations are conducted in accordance with sections 19 to 29 .
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Immiscible phases 19 (1) For the purposes of these Regulations, VOC concentration, vapour pressure or benzene concentration of a liquid with multiple immiscible phases is the highest value of the VOC concentration, vapour pressure or benzene concentration of any single immiscible phase of the liquid. Samples (2) If it is impossible to determine the value referred to in subsection (1), one of the following samples must be used: (a) if an immiscible phase is not present in a large enough quantity to form a separate layer from another more abundant phase, a well-mixed sample of both phases together; or (b) if an immiscible phase forms a stable emulsion in another phase and a sample of the pure phase cannot be obtained, a sample of the emulsion.
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Gasoline 20 For the purposes of these Regulations, all gasoline is considered to have a VOC concentration of 100% by weight, a vapour pressure of 65 kPa and a benzene concentration of 1% by weight.
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Sampling method included 21 (1) If the applicable test methods referred to in sections 23 to 25 or an accepted alternative test method includes methods for sampling liquids, an operator must use one of those sampling methods. Sampling method not included (2) If the applicable test methods referred to in sections 23 to 25 or an accepted alternative test method do not include a method for sampling liquids, the sampling of liquids must be performed in accordance with one of the following sampling methods: (a) the method set out in the standard ASTM D3700–21, entitled Standard Practice for Obtaining LPG Samples Using a Floating Piston Cylinder ; (b) the method set out in the standard ASTM D8009–22, entitled Standard Practice for Manual Piston Cylinder Sampling for Volatile Crude Oils, Condensates, and Liquid Petroleum Products ; or (c) the method set out in standard ASTM D4057–22, entitled Standard Practice for Manual Sampling of Petroleum and Petroleum Products . Crude oil and other (3) Despite subsection (2), the sampling of crude oil, natural gas condensate and other naturally occurring petroleum and the sampling of other liquids that are known or suspected to contain hydrocarbon components that exist as a vapour under ambient conditions must be performed in accordance with the method referred to in paragraph (2)(a). Insufficient pressure (4) Despite subsections (2) and (3), if the pressure at the sampling point is insufficient to permit sample collection, the sampling must be performed in accordance with the method referred to in paragraph (2)(b). Liquid too viscous (5) Despite subsections (2), (3) and (4), if the liquid is too viscous to permit sample collection, the sampling must be performed in accordance with the method referred to in paragraph (2)(c). Sample containers (6) Sample containers must remain sealed after the sample is collected and may be opened only for testing in accordance with the applicable testing method.
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Qualified professional 22 All sampling must be performed by one of the following persons: (a) a qualified professional; (b) a person supervised by a qualified professional; or (c) a person who has, not more than 12 months before the first time that they perform sampling, received training on the relevant sampling methods for the purposes of these Regulations from a qualified professional.
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Vapour pressure 23 (1) The vapour pressure of a liquid must be determined in accordance with one of the following test methods: (a) the method ASTM D2879–23, entitled Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope ; or (b) the method ASTM D6377–20, entitled Standard Test Method for Determination of Vapor Pressure of Crude Oil: VPCRx (Expansion Method) . Limitation (2) The test method referred to in paragraph (1)(a) may be used only to measure the vapour pressure of a liquid that consists of a single chemical species or of a single chemical species with an amount of impurities that is acceptable for general commercial trade. Vapour-liquid ratio (3) A vapour-liquid ratio of 4:1 must be used to determine the vapour pressure of a liquid in accordance with the test method referred to in paragraph (1)(b). Temperature (4) The following temperatures must be used to determine the vapour pressure of a liquid in accordance with one of the test methods referred to in subsection (1): (a) if the liquid is at ambient temperature, 20°C; and (b) if the liquid is artificially heated or cooled, the highest monthly average operating temperature observed during the preceding 12 months.
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Benzene concentration 24 The benzene concentration of a liquid must be determined in accordance with one of the following test methods: (a) the method ASTM D3606–24a, entitled Standard Test Method for Determination of Benzene and Toluene in Spark Ignition Fuels by Gas Chromatography ; (b) the method ASTM D4367–22, entitled Standard Test Method for Benzene in Hydrocarbon Solvents by Gas Chromatography ; (c) the method ASTM D5134–21, entitled Standard Test Method for Detailed Analysis of Petroleum Naphthas through n-Nonane by Capillary Gas Chromatography ; (d) the method ASTM D5580–21, entitled Standard Test Method for Determination of Benzene, Toluene, Ethylbenzene, p/m-Xylene, o-Xylene, C9 and Heavier Aromatics, and Total Aromatics in Finished Gasoline by Gas Chromatography ; (e) the method ASTM D5769–22, entitled Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry ; (f) the method ASTM D6229–06, entitled Standard Test Method for Trace Benzene in Hydrocarbon Solvents by Capillary Gas Chromatography ; (g) the method ASTM D7504–23, entitled Standard Test Method for Trace Impurities in Monocyclic Aromatic Hydrocarbons by Gas Chromatography and Effective Carbon Number ; or (h) the method National Standard of Canada CAN/CGSB-3.0 No. 14.3-2022, entitled Methods of testing petroleum and associated products: Standard test method for the identification of components in automotive gasoline using gas chromatography .
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VOC concentrations — liquids 25 (1) Subject to subsection (2), the VOC concentration of a liquid must be determined in accordance with one of the following test methods: (a) the method set out in the standard ASTM E169–16, entitled Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis ; or (b) the method set out in the standard ASTM E260–96, entitled Standard Practice for Packed Column Gas Chromatography . Oil-water mixture (2) If the liquid is an oil-water mixture, its VOC concentration may be determined by any method that conforms to generally accepted engineering practices, including a method that involves the use of physical simulation or the application of standards or supplier specifications.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 26
VOC concentrations — vapour 26 (1) An instrument used to determine the presence of VOCs in vapour form, including for the purpose of detecting vapour leaks, must be of one of the following types: (a) a portable monitoring instrument that meets the requirements set out in subsection 5(1) of the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) ; (b) an optical gas-imaging instrument that meets the requirements set out in subsections 5(2) and (3) of those Regulations; or (c) a combustible gas detector that uses a catalytic bead sensor and meets the requirements set out in section 28 of these Regulations. Instruments — LEL% (2) An instrument used to determine an LEL% must be of the type referred to in paragraph (1)(a) or (c). Instruments — emission of gas or vapour (3) An instrument used to determine whether a release of a vapour is a vapour leak must be of the type referred to in paragraph (1)(a). Equivalent VOC concentration (4) If an LEL% is calculated from a measurement obtained with a portable monitoring instrument that produces a result in units of volume concentration, a VOC concentration of 140 parts per million by volume is considered to equal an LEL% of 1.
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Instruments – use and calibration 27 Any instrument referred to in these Regulations must be used and calibrated in accordance with its design specifications.
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Combustible gas detector — requirements 28 (1) A combustible gas detector that uses a catalytic bead sensor must meet the following requirements: (a) each day before it is used, it must be calibrated in accordance with its design specifications using output correction factors, if necessary, and a calibration gas that are appropriate for the expected vapour composition; (b) it must produce an output directly as an LEL%; (c) it must have an output range that spans an LEL% of at least 1 to 100; and (d) it must have an output accuracy that is within plus or minus 5% of a reading or plus or minus LEL% of 2, whichever value is greater, when used with the expected vapour composition. Combustible gas detector — environment (2) A combustible gas detector that uses a catalytic bead sensor must not be used in the following environments: (a) an atmosphere that contains less than 10% oxygen by volume; (b) an atmosphere that contains substances that are likely to poison the catalyst; or (c) any other environment in which, according to the design specifications of the combustible gas detector, the detector may not provide an accurate output.
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Qualified professional 29 All testing required under sections 23 to 25 must be performed by one of the following persons: (a) a qualified professional; (b) a person supervised by a qualified professional; or (c) a person who has, not more than 12 months before the first time that they perform testing, received training from a qualified professional on the testing methods that are relevant for the purposes of these Regulations.
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Application to the Minister 30 (1) An operator may apply to the Minister to use an alternative test method to those required under sections 23 to 25 for one of the following purposes: (a) to test a substance with properties that fall outside the scope of applicability of the required test methods; (b) to perform automated or continuous testing that cannot be accomplished using any of the required test methods; or (c) to achieve accuracy or precision that is superior to that of one of the required test methods. Conditions (2) The alternative test method must (a) measure the same physical properties as one of the test methods required under sections 23 to 25 ; and (b) for all cases in which it would be used, be equivalent or superior to, including in precision and accuracy, one of the test methods required under sections 23 to 25 . Equivalency (3) For the purposes of paragraph (2)(b), the operator must determine the equivalency of the alternative test method in accordance with one of the following test methods: (a) the method set out in the standard ASTM D3764–23, entitled Standard Practice for Validation of the Performance of Process Stream Analyzer Systems ; or (b) the method set out in the standard ASTM D6708–24, entitled Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material . Time limit (4) The application must be submitted at least 60 days before the day on which the alternative test method is to be used. Contents of application (5) The application must contain the information referred to in Schedule 2 and may be submitted in respect of more than one of the operator’s facilities. Clarifications or additional information (6) The Minister may, on receiving the application, require that the applicant provide any clarifications or additional information that is necessary for the Minister to consider the application.
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Acceptance of alternative test method 31 (1) If the Minister determines that the alternative test method meets the conditions set out in subsection 30 (2), the Minister may accept the use of the alternative test method and must notify the applicant in writing of the decision, of any conditions of use of the method and of the situations in which the use of the method is permitted. Use of method (2) The applicant may begin using the alternative test method only after receipt of the notice of acceptance from the Minister. Records (3) An operator whose application to use an alternative test method has been accepted must maintain all records and supporting documents relating to the application. Rejection of application (4) The Minister must reject the application and must notify the applicant of that decision if (a) the Minister determines that the alternative test method does not meet the conditions set out in subsection 30 (2); or (b) the information required under subsection 30 (5) has not been provided or is insufficient to enable the Minister to consider the application.
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Publication of accepted alternative methods 32 (1) The Minister may publish a list of accepted alternative test methods, including the conditions of use of the methods and the situations in which their use is permitted. Use of accepted alternative test method (2) An operator may use an accepted alternative test method that is on the list published under subsection (1) and, if they do so, they must maintain records and any supporting documents that demonstrate that the conditions for the use of the accepted alternative test method have been met.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 33
Emissions control equipment 33 (1) The operator of a facility must ensure that any tank at the facility that must be designated under section 12 and any loading rack at the facility that must be designated under section 13 is equipped with emissions control equipment in accordance with the requirements set out in sections 38 to 42 , as applicable. Compliance (2) The operator must ensure that the emissions control equipment meets the requirements with respect to design and operation set out in sections 50 to 79 and the requirements with respect to inspection, testing and repair set out in sections 86 to 106 , as applicable. Internal floating roof (3) Despite subsection (2), if a tank designated under section 12 is equipped with a vapour control system and an internal floating roof, the operator is not required to ensure that the internal floating roof meets the applicable requirements referred to in subsection (2).
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Not in service 34 (1) Despite subsections 33 (1) and (2), during a period when a tank or loading rack is not in service, sections 38 to 42 and 50 to 79 do not apply to that tank or loading rack. Delay or omissions of inspections or tests (2) During a period when a tank or loading rack is not in service, an operator may delay or omit the inspections referred to in sections 86 and 91 , subsection 93 (1) and sections 94 to 96 and 104 , the tests referred to in sections 87 to 89 and the measurement referred to in section 97 until 30 days after the tank or loading rack is returned to service. Repairs (3) Despite any repair timelines established in sections 100 , 101 , 105 and 106 , an operator must repair defects that are present when the tank or loading rack is not in service before the tank or loading rack is returned to service.
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Required training 35 The operator of a facility must ensure that the emissions control equipment at the facility is operated, maintained, inspected and repaired only by a person who has, not more than 12 months before the first time that they operate, maintain, inspect or repair the emissions control equipment, received training on (a) the safe operation, maintenance and calibration of the emissions control equipment and, if applicable, leak detection instruments; and (b) the applicable requirements of these Regulations.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 36
Flare 36 The operator of a facility may use a flare as a vapour control system only if it meets one of the following conditions: (a) the flare is in service at the facility before the day on which these Regulations come into force, or under construction on that day, and is used to control emissions from a tank that is not a high benzene tank or loading rack that is not a high benzene loading rack; or (b) the flare is used only for limited periods to receive excess vapours when flowrates exceed the capacity of the primary vapour control system or the primary vapour control system is inoperative.
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Emissions control equipment 37 The operator of a facility must ensure that each tank at the facility is designed, operated and maintained in a manner that allows for the effective operation of the emissions control equipment that is installed on that tank.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 38
Vapour control system 38 Subject to section 44 , the operator of a facility must ensure that each tank at the facility that is a high benzene tank or is designated as a high volatility liquid tank under paragraph 12 (b) is equipped with a vapour recovery system or vapour destruction system.
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Volatile petroleum liquid tank 39 The operator of a facility must ensure that each tank at the facility that is designated as a volatile petroleum liquid tank under paragraph 12 (c) is equipped with at least one of the following: (a) a vapour recovery system; (b) a vapour destruction system; (c) an internal floating roof; or (d) an external floating roof.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 40
Small volatile petroleum liquid tank 40 The operator of a facility must ensure that each tank at the facility that is designated as a small volatile petroleum liquid tank under paragraph 12 (d) is equipped with at least one of the following: (a) a vapour recovery system; (b) a vapour destruction system; (c) an internal floating roof; (d) an external floating roof; or (e) a pressure-vacuum vent.
Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations — 41
Position of liquid inlet 41 An operator must ensure that the liquid inlet of a tank designated under section 12 is positioned such that liquid enters the tank no more than 15 cm above the bottom of the tank unless (a) the tank is equipped with a vapour control system; (b) the liquid level in the tank always remains above the inlet during normal operation; or (c) the tank is an existing tank.
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Vapour control systems 42 The operator of a facility must ensure that each loading rack at the facility that is a high benzene loading rack or is designated as a volatile petroleum liquid loading rack under paragraph 13 (b) is equipped with one of the following vapour control systems: (a) a vapour recovery system, a vapour destruction system or a vapour balancing system, in the case of a loading rack at a facility where all volatile petroleum liquids loaded, are fuels that are stored either in fixed roof tanks that each have an internal volume of less than 150 m 3 or, if the tanks are in the form of a vertically oriented cylinder capable of accommodating a floating roof, an internal diameter of less than 5 m, or in underground tanks of any size; (b) a vapour recovery system, in the case of a loading rack that is used to load gasoline to trucks at a facility where more than 250 000 standard m 3 per year of gasoline is loaded per calendar year and that was not equipped with an existing vapour destruction system on the day on which these Regulations came into force; and (c) a vapour recovery system or vapour destruction system, in any other case.