Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 8.16
Application — repair while in operation 8.16 (1) The operator of an upstream oil and gas facility may apply to the Minister to extend the repair period referred to in paragraph 8.15(3)(a) or (b) or subsection 8.15(4) or, in the case where the repair has been deferred in accordance with subsection 8.15(6), to extend the period to complete the repair, if (a) they make the application at least 15 days before the day on which the repair period ends or the day to which the repair has been deferred, as the case may be; and (b) the equipment component is emitting hydrocarbon gas at a flow rate of less than 10 kg/h. Application — deferral of shutdown (2) The operator of an upstream oil and gas facility may apply to the Minister to defer the scheduled day of the next planned shutdown of the facility determined in accordance with subsection 8.15(7) if they make the application at least 15 days before that scheduled day. Content (3) An application made under subsection (1) or (2) must contain the information referred to in Schedule 1 and the following information and documents: (a) in the case of an application made under subsection (1), documents that establish that, as of the making of the application, there are reasonable grounds to conclude that it is not technically feasible for the operator to complete the repair of the equipment component before the end of the applicable repair period or the day to which the repair has been deferred, as the case may be; (b) in the case of an application made under subsection (2), documents that establish that, as of the making of the application, there are reasonable grounds to conclude that it is not technically feasible for the operator to complete the repair of the equipment component before the end of the next planned shutdown of the upstream oil and gas facility; (c) documents that establish that the operator has a plan to repair the equipment component that sets out (i) the expected date for the completion of the repair, (ii) the measures to be taken to ensure completion of the repair on or before that date, (iii) a justification, with supporting documents, for the belief as to why that date is the earliest feasible date to complete the repair, and (iv) the measures to be taken to minimize, if not eliminate, any harmful effect on the environment or human health and safety from the emission of hydrocarbon gas before the completion of the repair; and (d) a statement that the implementation of the plan is to begin within 30 days after the day on which the extension or deferral is granted. Conditions (4) If the application contains the information and documents referred to in subsection (3), the Minister must (a) in the case of an application referred to in subsection (1), extend the repair period or the period of time to complete the repair, as the case may be, for a period of no more than six months; and (b) in the case of an application referred to in subsection (2), defer the scheduled day of the next planned shutdown for a period of no more than six months. Renewal (5) The Minister must renew an extension or deferral granted under subsection (4) if (a) the operator provides the Minister with a renewal application that contains the information referred to in Schedule 1 and the following information and documents: (i) the information referred to in paragraphs (3)(c) and (d), (ii) in the case of an application to renew an extension granted under paragraph (4)(a), documents that establish that, as of the making of the application, there are reasonable grounds to conclude that it is not technically feasible for the operator to complete the repair of the equipment component before the day on which the extended repair period ends or the additional time to complete the repair ends, as the case may be, and (iii) in the case of an application to renew a deferral granted under paragraph (4)(b), documents that establish that, as of the making of the application, there are reasonable grounds to conclude