Sulphur dioxide, discharge limit and reporting
 5. (1) Subject to subsection (2), on or after July 1, 2019, a person shall not discharge or cause or permit the discharge of a total of more than 225 kilograms of sulphur dioxide in a 24-hour period from one or more pieces of acid gas combustion equipment at a petroleum facility. Note: On January 1, 2027, subsection 5 (1) of the Regulation is revoked. (See: O. Reg. 89/22, s. 5 (1)) (2) For the purposes of determining the total amount of sulphur dioxide discharged in a 24-hour period under subsection (1), any discharge that occurs when the sulphur recovery unit is operating in a normal manner must be excluded. Note: On January 1, 2027, subsection 5 (2) of the Regulation is revoked. (See: O. Reg. 89/22, s. 5 (1)) (3) If a discharge results in a contravention of subsection (1), the person who discharges or causes or permits the discharge of sulphur dioxide from the petroleum facility shall notify a provincial officer in writing as soon as practicable after the contravention. Note: On January 1, 2027, subsection 5 (3) of the Regulation is revoked. (See: O. Reg. 89/22, s. 5 (1)) (4) If a discharge results in two or more contraventions of subsection (1), after providing notice under subsection (3), the person who discharges or causes or permits the discharge of sulphur dioxide from the petroleum facility shall notify a provincial officer in writing as soon as practicable, (a) after each subsequent contravention; or (b) after the total amount of sulphur dioxide discharged in a 24-hour period is 225 kilograms or less. Note: On January 1, 2027, subsection 5 (4) of the Regulation is revoked. (See: O. Reg. 89/22, s. 5 (1)) (5) Subject to subsection (6), within 60 days after notifying a provincial officer in accordance with subsection (3) or clause (4) (a), the person who gave the notice shall submit a report to the provincial officer titled “Root Cause Analysis and Corrective Action Report” that sets out the date and time the 24-hour contravention period began and ended and the information required under subsection (7) for each piece of acid gas combustion equipment that discharged sulphur dioxide during that period. Note: On January 1, 2027, subsection 5 (5) of the Regulation is amended by striking out “subsection (3) or clause (4) (a)” and substituting “subsection (3) or clause (4) (a), as they read immediately before they were revoked”. (See: O. Reg. 89/22, s. 5 (2)) (6) If a person has notified a provincial officer in accordance with clause (4) (b), the report required under subsection (5) shall set out the date and time each 24-hour contravention period began and ended and the information required under subsection (7) for each piece of acid gas combustion equipment that discharged sulphur dioxide during those periods. Note: On January 1, 2027, subsection 5 (6) of the Regulation is amended by striking out “clause (4) (b)” and substituting “clause (4) (b), as it read immediately before it was revoked”. (See: O. Reg. 89/22, s. 5 (3)) (7) The information referred to in subsections (5) and (6) is the following: 1. The date and time the discharge from the acid gas combustion equipment began and ended. 2. Subject to subsection (8), an estimate of, i. the flow rate of the acid gas entering the acid gas combustion equipment during the discharge; and ii. the concentration of hydrogen sulphide in the acid gas. 3. Subject to subsection (8), an estimate of the quantity of sulphur dioxide discharged from the acid gas combustion equipment. 4. The calculations used to arrive at the estimates referred to in paragraphs 2 and 3. 5. A description of the circumstances surrounding the discharge from the acid gas combustion equipment. 6. An identification and detailed analysis of the primary cause of the discharge from the acid gas combustion equipment, including an explanation of whether it was caused by any of the following: i. An error resulting from the improper operation of a sulphur recovery unit, a tail gas unit or any process unit upstream of a sulphur recovery unit. ii. An error resulting from inadequate written procedures. iii. A failure to follow written procedures. iv. A failure of equipment that is due to a failure to operate or maintain equipment in a manner consistent with good engineering practices. 7. The steps, if any, taken to limit the duration of the discharge. 8. If the discharge was necessary to prevent an emergency, a detailed description of the emergency. 9. An identification of the measures that are available to prevent or reduce the risk of a similar discharge happening again, including, i. the probable effectiveness of each measure, ii. if any of the measures have already been taken, the dates those measures were implemented, iii. if there are plans to implement any of the measures in the future, the date those measures are expected to be implemented, and iv. if there are measures to which subparagraphs ii and iii do not apply, the reasons for not having implemented and not having plans to implement those measures. (8) On and after the first day a continuous emissions monitoring system is installed and operated at the petroleum facility in accordance with subsection 7 (1), the estimates required under paragraphs 2 and 3 of subsection (7) of this section must be determined in accordance with the “Acid Gas Combustion Equipment Continuous Emissions Monitoring Plan” for the facility required under section 7, if the plan addresses the determination. Note: On July 1, 2024, subsection 5 (8) of the Regulation is revoked and the following substituted: (See: O. Reg. 89/22, s. 5 (4)) (8) On and after July 1, 2024, (a) the estimates required under paragraphs 2 and 3 of subsection (7) shall be determined based on the measurements required under section 22 of Ontario Regulation 88/22 (Air Pollution - Discharge of Sulphur Dioxide From Petroleum Facilities); and (b) an estimate under paragraph 2 of subsection (7) is not required in respect of a piece of acid gas combustion equipment if the approved continuous monitoring plan within the meaning of Ontario Regulation 88/22 for the petroleum facility indicates that the concentration of sulphur dioxide discharged into the air from the piece of equipment will be measured.
O. Reg. 89/22, s. 5 (4). (9) For the purposes of paragraph 9 of subsection (7), the following measures must be considered: 1. Constructing or installing air pollution control equipment. 2. Installing and maintaining mechanisms or equipment to monitor the operations of the petroleum facility, including an alarm system or other notification system to alert personnel that combustion of acid gas is imminent. 3. Altering or redesigning industrial processes used at the petroleum facility to prevent or reduce the risk of acid gas combustion, or installing equipment for that purpose. 4. Maintaining structures, equipment or mechanisms in good repair.