jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application, facilities
 2. This Regulation applies to the following facilities: 1. The IOL-Nanticoke facility. 2. The IOL-Sarnia facility. 3. The PCLI facility. 4. The Shell facility. 5. The Suncor facility.
Preparation and submission of documents
 3. (1) With respect to any plans, records, reports or other documents that a person is required to create under this Regulation, (a) if the Director has approved a form in which to prepare the plan, record, report or other document, the person shall prepare it in that form; and (b) if the Director has specified an electronic format in which to prepare the plan, record, report or other document, the person shall prepare it in that format. (2) With respect to any plans, reports or other documents that a person is required to submit to the Director or a provincial officer under this Regulation, (a) if the Director has approved a form in which to submit the plan, report or other document, the person shall submit it in that form; and (b) if the Director has specified an electronic format in which to submit the plan, report or other document, the person shall submit it in that format. Part II   Performance Requirements Application
PART II PERFORMANCE REQUIREMENTS
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Sulphur dioxide limits, etc., 2027 and 2029
 4. Sections 8 to 17 apply on and after January 1, 2027 with the following exceptions: 1. Section 8 does not apply to the IOL-Nanticoke facility. 2. Section 8 applies on and after July 1, 2024 in respect of a fluidized catalytic cracking unit at the IOL-Sarnia facility if a notice given under subsection 8 (5) of Ontario Regulation 530/18 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029) indicates that the ratio in respect of the cracking unit is based on the reduction set out in subparagraph 3 i of subsection 8 (3) of that Regulation. 3. Section 8 does not apply until January 1, 2029 in respect of, i. a thermal cracking unit at the IOL-Sarnia facility, or ii. a fluidized catalytic cracking unit at the Shell facility. 4. Sections 9 and 10 do not apply to the PCLI facility. 5. Sections 9 and 10 do not apply to the Shell facility until January 1, 2029. 6. Subsections 12 (4) and (7) do not apply to the PCLI facility. 7. Subsection 12 (5) does not apply to the IOL-Nanticoke facility. 8. Section 12 does not apply to the IOL-Sarnia facility or the Shell facility until January 1, 2029.
Sulphur recovery units — application of ss. 9, 10, 14 and 15
 5. (1) Section 10 applies in respect of a sulphur recovery unit that is associated with an incinerator at a petroleum facility if the following criteria are met: 1. An air/oxygen mixture is supplied to the Claus burner in the sulphur recovery unit rather than only ambient air. 2. The approved continuous monitoring plan for the facility indicates that oxygen in the air/oxygen mixture supplied to the Claus burner in the sulphur recovery unit will be continuously measured. 3. Oxygen is continuously measured in the air/oxygen mixture supplied to the Claus burner in the sulphur recovery unit. (2) For greater certainty, the criterion under paragraph 1 of subsection (1) is met even if an air/oxygen mixture is supplied to the Claus burner under some operating conditions but not others. (3) Section 15 applies in respect of a sulphur recovery unit that is not associated with an incinerator at a petroleum facility if the criteria in subsection (1) are met. (4) If the criteria in subsection (1) are not met, the following provisions of this Regulation apply in respect of a sulphur recovery unit: 1. Section 9, if the sulphur recovery unit is associated with an incinerator at a petroleum facility. 2. Subsection 14 (1), if the sulphur recovery unit is not associated with an incinerator at a petroleum facility.
General combustion devices — application of ss. 11 and 16
 6. The following provisions of this Regulation apply in respect of a general combustion device at a petroleum facility: 1. Section 11, if the approved continuous monitoring plan for the facility indicates that the concentration of sulphur dioxide discharged into the air from the general combustion device is to be measured. 2. Section 16, if the approved continuous monitoring plan for the facility indicates that the concentration of hydrogen sulphide in fuel gas conveyed to the general combustion device is to be measured.
Combined sources of contaminant — application of ss. 8 to 12
 7. If sulphur dioxide from two or more sources of contaminant mentioned in sections 8 to 11 is conveyed to a common air pollution control device at a petroleum facility before being discharged into the air, the concentration limits set out in section 12 apply in respect of the discharge instead of the concentration limits set out in sections 8 to 11. Sulphur Dioxide Emission Limits — Concentration
Sulphur Dioxide Emission Limits — Concentration
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Catalytic and thermal cracking units
 8. (1) A person shall not discharge or cause or permit the discharge of sulphur dioxide into the air from a cracking unit set out in Column 1 of the Table to this section at a petroleum facility if the concentration of sulphur dioxide at a measurement point in respect of the cracking unit exceeds the concentration set out opposite the cracking unit in Column 2. (2) If gases from a cracking unit set out in Column 1 of the Table to this section are combusted in a carbon monoxide boiler before being discharged into the air, the emissions limit in Column 2 of the Table applies to the concentration of sulphur dioxide at a measurement point in respect of the
carbon monoxide boiler. TABLE Item   Column 1   Type of cracking unit   Column 2   Emission limit (concentration of sulphur dioxide) 

  1.   Thermal cracking unit   i.  50 parts per million by volume of sulphur dioxide, averaged over any seven-day period, or   ii.  25 parts per million by volume of sulphur dioxide, averaged over any 365-day period. 

  2.   Fluidized catalytic cracking unit   75 parts per million by volume of sulphur dioxide, averaged over any 365-day period. 

  3.   Houdry catalytic cracking unit   150 parts per million by volume of sulphur dioxide, averaged over any 365-day period.
Sulphur recovery unit with incinerator
 9. A person shall not discharge or cause or permit the discharge of sulphur dioxide into the air from a sulphur recovery unit, in respect of which the criteria in subsection 5 (1) are not met, that is associated with an incinerator at a petroleum facility if the concentration of sulphur dioxide at a measurement point in respect of the incinerator exceeds, (a) 250 parts per million by volume of sulphur dioxide, averaged over any 12-hour period, if the sulphur recovery unit has a design production capacity of greater than 20 tonnes per day; or (b) 2,500 parts per million by volume of sulphur dioxide, averaged over any 12-hour period, if the sulphur recovery unit has a design production capacity of 20 tonnes per day or less.
Sulphur recovery unit with incinerator, measuring oxygen
 10. A person shall not discharge or cause or permit the discharge of sulphur dioxide into the air from a sulphur recovery unit in respect of which the criteria set out in subsection 5 (1) are met and that is associated with an incinerator at a petroleum facility if the concentration of sulphur dioxide, in parts per million by volume, at a measurement point in respect of the incinerator exceeds the concentration determined by the following formula, averaged over any 12-hour period: A × (-0.038 × B2 + 11.53 × B + 25.6) where, “A” is, (a) 1, if the sulphur recovery unit has a design production capacity of greater than 20 tonnes per day, or (b) 10, if the sulphur recovery unit has a design production capacity of 20 tonnes per day or less, and “B” is, (a) the concentration of oxygen gas in the air/oxygen mixture supplied to the Claus burner, as a per cent by volume, on a dry basis, averaged over a 12-hour period, or (b) 20.9, during any period when ambient air is being supplied to the Claus burner instead of the air/oxygen mixture.
General combustion devices
 11. (1) A person shall not discharge or cause or permit the discharge of sulphur dioxide into the air from a general combustion device at a petroleum facility if the concentration of sulphur dioxide at a measurement point in respect of the device exceeds, (a) 20 parts per million by volume of sulphur dioxide, averaged over any three-hour period; or (b) 8 parts per million by volume of sulphur dioxide, averaged over any 365-day period. (2) Subsection (1) does not apply in respect of a general combustion device unless the approved continuous monitoring plan for the petroleum facility indicates that the concentration of sulphur dioxide discharged into the air from the general combustion device is to be measured.
Other Performance Limits
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Flares, mass emission rate of sulphur dioxide
 13. A person shall not discharge or cause or permit the discharge of more than 225 kilograms of sulphur dioxide into the air during a 24-hour period from a flare at a petroleum facility.
Sulphur recovery unit without incinerator, total reduced sulphur and hydrogen sulphide limits
 14. (1) A person shall not discharge or cause or permit the discharge of total reduced sulphur into the air from a sulphur recovery unit, in respect of which the criteria in subsection 5 (1) are not met, that is not associated with an incinerator at a petroleum facility if the concentration of total reduced sulphur, measured as a concentration of sulphur dioxide, at a measurement point in respect of the sulphur recovery unit exceeds, (a) 300 parts per million by volume of sulphur dioxide, averaged over any 12-hour period, if the sulphur recovery unit has a design production capacity of greater than 20 tonnes per day; or (b) 3,000 parts per million by volume of sulphur dioxide, averaged over any 12-hour period, if the sulphur recovery unit has a design production capacity of 20 tonnes per day or less. (2) A person shall not discharge or cause or permit the discharge of hydrogen sulphide into the air from a sulphur recovery unit that is not associated with an incinerator at a petroleum facility if the concentration of hydrogen sulphide, measured as a concentration of sulphur dioxide, at a measurement point in respect of the sulphur recovery unit exceeds, (a) 10 parts per million by volume of sulphur dioxide, averaged over any 12-hour period, if the sulphur recovery unit has a design production capacity of greater than 20 tonnes per day; or (b) 100 parts per million by volume of sulphur dioxide, averaged over any 12-hour period, if the sulphur recovery unit has a design production capacity of 20 tonnes per day or less.
Sulphur recovery unit without incinerator, measuring oxygen, total reduced sulphur limit
 15. A person shall not discharge or cause or permit the discharge of total reduced sulphur into the air from a sulphur recovery unit in respect of which the criteria set out in subsection 5 (1) are met and that is not associated with an incinerator at a petroleum facility if the concentration of total reduced sulphur, measured as a concentration of sulphur dioxide, in parts per million by volume, at a measurement point in respect of the sulphur recovery unit exceeds the concentration determined by the following formula, averaged over any 12-hour period: A × 1.2 × (-0.038 × B2 + 11.53 × B + 25.6) where, “A” is, (a) 1, if the sulphur recovery unit has a design production capacity of greater than 20 tonnes per day, or (b) 10, if the sulphur recovery unit has a design production capacity of 20 tonnes per day or less, and “B” is, (a) the concentration of oxygen gas in the air/oxygen mixture supplied to the Claus burner, as a per cent by volume, on a dry basis, averaged over a 12-hour period, or (b) 20.9, during any period when ambient air is being supplied to the Claus burner instead of the air/oxygen mixture.
Hydrogen sulphide in fuel gas
 16. (1) A person shall not convey or cause or permit the conveyance of fuel gas to a flare, carbon monoxide boiler or general combustion device at a petroleum facility if the concentration of hydrogen sulphide in the fuel gas at a measurement point in respect of the flare, carbon monoxide boiler or general combustion device exceeds, (a) 162 parts per million by volume, averaged over any three-hour period; or (b) 60 parts per million by volume, averaged over any 365-day period. (2) Clause (1) (b) does not apply in respect of fuel gas conveyed to a flare. (3) Subsection (1) does not apply in respect of fuel gas conveyed to, (a) a carbon monoxide boiler, if the fuel gas is conveyed from the cracking unit with which the boiler is associated; or (b) a general combustion device, unless the approved continuous monitoring plan for the petroleum facility indicates that the concentration of hydrogen sulphide in the fuel gas conveyed to the general combustion device is to be measured.
Annual mass emission limits, sulphur dioxide
 17. (1) A person shall not discharge or cause or permit the discharge of a total of more than 320 tonnes of sulphur dioxide into the air during a calendar year from the Suncor facility. (2) A person shall not discharge or cause or permit the discharge of a total of more than 3,000 tonnes of sulphur dioxide into the air during a calendar year from the IOL-Nanticoke facility. (3) A person shall not discharge or cause or permit the discharge of a total of more than 495 tonnes of sulphur dioxide into the air during a calendar year from the PCLI facility. Operating Requirements
Operating Requirements
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Solid and liquid fuel use
 18. (1) In this section, “fuel oil” means a liquid petroleum product less volatile than gasoline that is used as an energy source. (2) For greater certainty, distillate fuel oil and residual fuel oil are fuel oil for the purposes of this section. (3) A person shall not cause or permit the use of solid fuel or liquid fuel, including fuel oil, in any combustion device at a petroleum facility. (4) Subsection (3) does not apply in respect of liquid fuel if, (a) the use of the liquid fuel in the combustion device is necessary to address an emergency at the petroleum facility; (b) there is an insufficient supply of natural gas to the combustion device and the supplier of the natural gas has confirmed, in writing, that the supply of natural gas to the facility is restricted; (c) the liquid fuel is a neutralized acid soluble oil that is, (i) produced at the Suncor facility as a by-product of the operation of an alkylation unit, and (ii) used at the Suncor facility; or (d) the liquid fuel, (i) has a total sulphur content of 0.5 per cent or less by weight, and (ii) is used at the PCLI facility. Note: On January 1, 2027, section 18 of the Regulation is amended by adding the following subsection: (See: O. Reg. 88/22, s. 46 (1)) (5) For greater certainty, the performance limits set out in sections 8 to 17 apply in respect of discharges from a combustion device even if subsection (3) does not apply in respect of the device. O. Reg. 88/22, s. 46 (1).
Flares
 19. (1) On and after July 1, 2024, a person shall not operate or cause or permit the operation of a flare at a petroleum facility unless the following performance criteria are met in respect of the flare: 1. A pilot flame must be present for at least 14 minutes in every 15-minute period when a substance is being conveyed to the flare. 2. There must be no more than five minutes of visible emissions from the flare in any two-hour period. 3. The flare tip velocity must be, i. less than 18 metres per second, if the approved continuous monitoring plan for the facility indicates that the maximum allowable flare tip velocity will not be calculated, or ii. if the approved continuous monitoring plan for the facility indicates that the maximum allowable flare tip velocity will be calculated, less than the lesser of, A. 122 metres per second, and B. the velocity determined in accordance with the following formula: Log10 (A) = ( Σni=1
(B × C) + 1212) ÷ 850 in which, “Σ” is the sum of the values in the enclosed expression for each component in the gas being conveyed to the flare, from i = 1 to i = n, “A” is the maximum allowable flare tip velocity, expressed in feet per second, “B” is the concentration of each component in the gas being conveyed to the flare, expressed as a volumetric fraction, “C” is the net heating value of each component in the gas being conveyed to the flare, expressed as British Thermal Units per standard cubic foot, “i” is an individual component in the gas being conveyed to the flare, and “n” is the total number of components in the gas being conveyed to the flare. 4. The net heating value of the flare combustion zone gas must be at least 10 megajoules per cubic metre, averaged over a 15-minute period. 5. If the flare uses perimeter assist air, the net heating value dilution parameter must be at least 250 kilojoules per square metre, averaged over a 15-minute period. (2) The averaging periods referred to in paragraphs 4 and 5 of subsection (1) are block averaging periods. Part III   Monitoring and calculations Continuous Monitoring
PART III MONITORING AND CALCULATIONS
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Continuous Monitoring
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Continuous monitoring system, installation
 21. A person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall ensure that all continuous monitoring systems required to measure the parameters set out in section 22 are installed before January 1, 2024.
Calculations, daily mass of sulphur dioxide discharged from flare
 25. On and after July 1, 2024, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a flare at a petroleum facility shall ensure that at least once per hour the relevant measurements taken under paragraphs 5 and 6 of subsection 22 (1) are used to calculate the total amount of sulphur dioxide, in kilograms, discharged from the flare in the preceding 24-hour period.
Calculations, quarterly total mass of sulphur dioxide discharged from facility
 26. (1) This section applies to the IOL-Nanticoke facility, the PCLI facility and the Suncor facility in respect of the first quarter of 2025 and every subsequent quarter. (2) No later than 60 days after the end of each quarter, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a facility mentioned in subsection (1) shall calculate, (a) the total amount of sulphur dioxide, in tonnes, discharged from the facility during the quarter; and (b) the aggregate amount of sulphur dioxide, in tonnes, discharged from the facility in the calendar year as of the end of the quarter. (3) The calculations required under subsection (2) shall be based on, (a) the measurements taken under section 22; and (b) an estimate of the amount of sulphur dioxide discharged from all other sources of sulphur dioxide at the facility, if any. (4) For the purposes of clause (3) (b), it is not necessary to estimate the amount of sulphur dioxide discharged from a source that discharges a negligible amount of sulphur dioxide, having regard to the total amount of sulphur dioxide that is discharged by all the sources at the facility. (5) If an estimate of the discharges from a source described in subsection (3) is not included in the calculation required under subsection (2), the person mentioned in subsection (1) shall ensure that a record is made of how it was determined that the source discharges a negligible amount of sulphur dioxide. Community Air Monitoring
Community Air Monitoring
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Community air monitoring, parameters
 28. On and after September 1, 2023, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall ensure that the following parameters are measured at least once every minute in accordance with the approved community air monitoring plan for the facility: 1. The concentration of sulphur dioxide in the air. 2. Wind speed. 3. Wind direction. Compliance
Compliance with notice
 29. A person who is required to do something by a notice given by the Director under this Part shall comply with the requirement. Part IV   Reporting
PART IV REPORTING
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Exemption, s. 13 of the Act
 30. A person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility is exempt from section 13 of the Act in relation to a contravention of sections 8 to 17 of this Regulation.
Notification re exceedance of mass emission thresholds
 31. (1) A person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall notify a provincial officer in writing as soon as reasonably possible if, (a) discharges of sulphur dioxide may result in a contravention of section 13; or (b) the amount of a difference calculated under section 24 exceeds 225 kilograms. (2) If a person would be required to give notice under subsection (1) in respect of two or more consecutive 24-hour periods, the following rules apply: 1. The person may give notice under this subsection instead of under subsection (1). 2. If the person opts to give notice under this subsection, they shall notify the provincial officer of that choice in writing as soon as reasonably possible. 3. If notice is required to be given for the reason that the discharges of sulphur dioxide may result in a contravention of section 13, the person shall notify the provincial officer as soon as reasonably possible after the total amount of sulphur dioxide discharged into the air in a 24-hour period from the flare is 225 kilograms or less. 4. If notice is required to be given for the reason that the amount of a difference calculated under section 24 exceeds 225 kilograms, the person shall notify the provincial officer as soon as reasonably possible after the amount of the difference calculated under section 24 is 225 kilograms or less.
Root cause analysis report
 32. A person who notifies a provincial officer under subsection 31 (1) shall, within 60 days after giving the notice, submit to a provincial officer a report titled “Root Cause Analysis and Corrective/Preventive Action Report” that includes the following information: 1. The date and time that the discharge into the air began and ended. 2. An estimate of the amount of sulphur dioxide discharged into the air, including all data and calculations used to arrive at the estimate. 3. A description of the circumstances surrounding the discharge, including the operating state of the source of contaminant or air pollution control device, as applicable. 4. An identification and detailed analysis of the primary cause of the discharge. 5. The steps, if any, taken to limit the duration of the discharge and the amount of sulphur dioxide discharged. 6. 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 implemented, the implementation dates, iii. if there are plans to implement any of the measures in the future, the expected implementation dates, and iv. if there are measures to which subparagraphs ii and iii do not apply, the reasons for not having implemented them and not having plans to implement them.
Notification re specified operating conditions
 33. (1) If any of the following actions are planned at a petroleum facility, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from the petroleum facility shall notify a provincial officer, in writing, at least one business day before the action is taken: 1. In respect of a sulphur recovery unit, an amine unit or a sour water stripper unit, i. the unit’s operation is to be increased from an inoperative state to an operating state, or ii. the unit’s operation is to be decreased from an operating state to an inoperative state. 2. Acid gas is to be diverted away from a sulphur recovery unit to another destination. (2) If an action mentioned in subsection (1) is not planned but nonetheless is taken, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from the petroleum facility shall notify a provincial officer, in writing, as soon as possible after the action is taken. (3) In this section, “business day” means a day that is not a Saturday or a holiday within the meaning of section 87 of the Legislation Act, 2006.
Quarterly reporting
 34. (1) This section applies in respect of the first quarter of 2023 and every subsequent quarter. (2) No later than 60 days after the end of each quarter, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall submit a report to the Director that contains the following information with respect to the quarter: 1. The date and time period of any contraventions of sections 8 to 16. 2. A summary of any measures identified under paragraph 6 of section 32 that were implemented at the facility during the quarter, their implementation dates and an assessment of their effectiveness. 3. The information required under paragraphs 1 to 3 of section 38. 4. The records required under paragraphs 3 and 5 of section 39. 5. The information required under paragraphs 1 and 3 of subsection 40 (2).
Annual reporting
 35. (1) No later than March 31, 2024, and no later than March 31 of each subsequent year, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall submit a report to the Director that sets out the following information in respect of the preceding calendar year: 1. The average, maximum and minimum hourly mass emission rate of, i. sulphur dioxide discharged into the air from the sources of contaminant mentioned in paragraphs 1 and 5 of subsection 22 (1) during the calendar year, and ii. total reduced sulphur discharged into the air from each sulphur recovery unit at the petroleum facility that is not associated with an incinerator during the calendar year. 2. The total amount, in kilograms, of, i. sulphur dioxide discharged into the air from the sources of contaminant mentioned in paragraphs 1 and 5 of subsection 22 (1) during the calendar year, and ii. total reduced sulphur discharged into the air from each sulphur recovery unit at the petroleum facility that is not associated with an incinerator during the calendar year. 3. The total amount of sulphur dioxide, in tonnes, discharged from the facility during the calendar year as required to be calculated under clause 26 (2) (b) in respect of the fourth quarter of the calendar year, if applicable. 4. A summary of the information in any reports submitted under section 32 during the calendar year. 5. An assessment of the effectiveness of any measures identified under subparagraph 6 iii of section 32 that were implemented during the calendar year. 6. Any actions taken during the calendar year to minimize, prevent or reduce the discharge of sulphur dioxide from the facility, including any actions identified in the plan required under section 36. (2) In this section, a reference to a measure with respect to minimizing, preventing or reducing discharges of sulphur dioxide includes a reference to, (a) the implementation of operational procedures; (b) the use of pollution control technology; and (c) changes to equipment, processes or materials.
Sulphur dioxide minimization plan and reports
 36. (1) No later than January 1, 2024, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall submit a plan to the Director titled “Sulphur Dioxide Emission Minimization Plan” that sets out the following information: 1. A description of the measures to be implemented at the petroleum facility to ensure compliance with sections 8 to 17. 2. For each measure, i. an indication of the anticipated resulting reduction in the amount or concentration of sulphur dioxide discharged into the air from the petroleum facility, and ii. the date by which the measure is expected to be implemented at the facility. (2) Before any of the following changes are made in respect of a source of contaminant mentioned in Part II, the person mentioned in subsection (1) shall update the plan and resubmit it to the Director: 1. A change that may increase the amount or concentration of sulphur dioxide discharged into the air from the facility including, i. a modification made to existing equipment, ii. the construction of new equipment, iii. a change in the operation of existing equipment, or iv. a change to existing emissions control equipment, including a change to an air pollution control device associated with the source of contaminant. 2. A change that will be implemented as a result of the review described in subsection (3). (3) No later than July 1, 2029 and every five years thereafter, the person mentioned in subsection (1) shall review the plan and submit a report to the Director that sets out the following information in respect of the preceding five calendar years: 1. The results of the review of the plan and any updates to the plan made during the five-year period. 2. A summary of the measures to ensure compliance with sections 8 to 17 that were implemented at the facility during the five-year period and the date on which each measure was implemented. 3. A list of the measures that are still to be implemented at the facility and the date by which each measure is expected to be implemented. 4. A description and assessment of additional measures that could be implemented at the facility to reduce the amount or concentration of sulphur dioxide discharged into the air from the facility. (4) The following documents must be dated, signed and sealed by a licensed engineering practitioner and must set out the practitioner’s name and licence number: 1. A plan submitted under subsection (1). 2. An updated plan resubmitted under subsection (2). 3. A report submitted under subsection (3). Part V   record-keeping
PART V RECORD-KEEPING
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Liquid fuel use
 37. (1) A person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall maintain a record of the following information in respect of each time liquid fuel is used in a combustion device at the facility: 1. The combustion device in which the liquid fuel is used, including a unique identifier for the device if applicable. 2. The date on which the liquid fuel is used in the combustion device. 3. The sulphur content, expressed as total sulphur by weight, and the amount of liquid fuel used in the combustion device. 4. If the liquid fuel is being used in the combustion device in accordance with clause 18 (4) (a), an explanation of the emergency at the petroleum facility. 5. If the liquid fuel is being used in the combustion device in accordance with clause 18 (4) (b), a copy of the written confirmation from the supplier of the natural gas that the supply to the facility is restricted. 6. A description of the measures that are available to prevent or reduce the risk of liquid fuel being used in the combustion device in similar circumstances in the future. (2) Subsection (1) does not apply in respect of liquid fuel being used in a combustion device in accordance with clause 18 (4) (c). (3) Paragraph 6 of subsection (1) does not apply in respect of liquid fuel being used in a combustion device in accordance with clause 18 (4) (d).
Continuous monitoring
 38. On and after July 1, 2024, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall maintain a record of the following information: 1. The value, date and time of each measurement taken under section 22. 2. If a parameter is measured under section 22 to determine the value of another parameter, the value of the parameter determined. 3. Each value calculated under sections 23 to 26, the time period to which the calculated value relates and the basis of any estimates used in the calculation. 4. The value of any other measurements taken in accordance with the continuous monitoring plan for the facility to, i. determine the amount of sulphur dioxide discharged in a 24-hour period, and ii. correct concentrations of sulphur dioxide measured to standard conditions. 5. If an operating parameter in respect of a flare is being measured under paragraph 7 of subsection 22 (1) through video monitoring, a copy of the video with an accurate time and date stamp.
Community air monitoring
 39. On and after September 1, 2023, a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall maintain a record of the following information: 1. The value, date and time of each measurement taken under section 28. 2. From the measurements mentioned in paragraph 1, a determination of the concentration of sulphur dioxide, averaged over five-minute and one-hour periods. 3. The date and time for each determination that exceeds, i. 200 parts per billion by volume of sulphur dioxide, averaged over a five-minute period, or ii. 120 parts per billion by volume of sulphur dioxide, averaged over a one-hour period. 4. For each determination mentioned in paragraph 3, a description of the operating conditions at the petroleum facility. 5. An indication of whether the discharges of sulphur dioxide from the petroleum facility contributed to the concentrations mentioned in paragraph 3, and, if so, any steps taken to prevent or reduce the contribution in the future.
Notice, additional community air monitoring
 40. (1) The Director may, by written notice, require a person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility to make a record of the information set out in subsection (2) in respect of an ambient air monitor specified in the notice if the Director is of the opinion that, (a) there is no approved community air monitoring plan for the petroleum facility or, if there is an approved community air monitoring plan for the petroleum facility, the ambient air monitor is not a monitor set out in the plan; (b) the ambient air monitor is operating at the time the notice is given and the person to whom the notice is given has access to the measurements; (c) the ambient air monitor is adequate to effectively measure the concentration of sulphur dioxide in the air; and (d) the ambient air monitor is located such that the measurements taken by the monitor may reflect the sulphur dioxide discharged from the petroleum facility. (2) The information mentioned in subsection (1) is the following: 1. The date and time that the concentration measured by the ambient air monitor exceeds, i. 200 parts per billion by volume of sulphur dioxide, averaged over a five-minute period, or ii. 120 parts per billion by volume of sulphur dioxide, averaged over a one-hour period. 2. A description of the operating conditions at the petroleum facility for each date and time mentioned in paragraph 1. 3. An indication of whether the discharges of sulphur dioxide from the petroleum facility contributed to the concentrations mentioned in paragraph 1, and, if so, any steps taken to prevent or reduce the contribution in the future. (3) Before the Director gives a person a notice under subsection (1), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.
Information to be made public
 41. (1) A person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall ensure that the following information is made available to the public by posting the information, without charge, on the petroleum facility’s website for a period of at least five years: 1. Each quarterly report required under section 34. 2. Each annual report required under section 35. 3. A summary of each document set out in subsection 36 (4). 4. The information required by paragraphs 2 and 4 to 6 of subsection 37 (1). (2) Paragraph 4 of subsection (1) does not apply in respect of liquid fuel being used in a combustion device in accordance with clause 18 (4) (d). (3) The person mentioned in subsection (1) shall ensure that the information referred to in subsection (1) is posted on the petroleum facility’s website, (a) no later than the date on which the plan or report is submitted to the Director, in the case of the information mentioned in paragraphs 1 to 3 of subsection (1); and (b) no later than 60 days after the date on which the liquid fuel is used, in the case of information mentioned in paragraph 4 of subsection (1).
Records retention
 42. (1) A person who discharges or causes or permits the discharge of sulphur dioxide into the air from a petroleum facility shall retain a copy of each plan, report and record required under this Regulation at the facility for at least five years. (2) Despite subsection (1), a video record mentioned in paragraph 5 of section 38 shall be kept for at least two years. Compliance
Compliance with notice
 43. A person who is required to do something by a notice given by the Director under this Part shall comply with the requirement. Part VI   Transition
PART VI TRANSITION
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Plans submitted under O. Reg. 530/18
 44. (1) The requirement under subsection 20 (6) that the Director be of the opinion that following a plan would accurately measure or predict the concentration of sulphur dioxide required to be measured under section 22 is deemed to be satisfied in respect of each piece of acid gas combustion equipment at the petroleum facility if the following criteria are met: 1. A
plan under subsection 7 (4) of Ontario Regulation 530/18 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029) made under the Act was submitted before this section came into force. 2. The Director under subsection 7 (1) of Ontario Regulation 530/18 was of the opinion that the plan would accurately measure or predict the amount of sulphur dioxide discharged from each piece of acid gas combustion equipment at the petroleum facility. 3. The plan submitted under subsection 7 (4) of Ontario Regulation 530/18 is appended to a plan required under subsection 20 (1) of this Regulation. (2) In this section, “acid gas combustion equipment” has the same meaning as in subsection 1 (1) of Ontario Regulation 530/18 (Air Pollution
— Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029) made under the Act. Note: Section 45 of this Regulation is not yet in force. It comes into force on January 1, 2029. Continued record-keeping requirements under O. Reg 530/18 45. The following provisions of Ontario Regulation 530/18 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029) made under the Act, as they read immediately before they were revoked, continue to apply to a petroleum facility: 1. Subsections 7 (9) and (10). 2. Subsection 7 (11). Note: On July 1, 2029, paragraph 2 of section 45 of the Regulation is revoked. (See: O. Reg. 88/22, s. 46 (2)) 3. Section 9. Note: On March 31, 2029, paragraph 3 of section 45 of the Regulation is revoked. (See: O. Reg. 88/22, s. 46 (3)) Note: On January 1, 2032, section 45 of the Regulation is revoked. (See: O. Reg. 88/22, s. 46 (4)) Part VII (OMITTED) 46. Omitted (provides for amendments to this Regulation). 47. Omitted (revokes other Regulations). 48. Omitted (provides for coming into force of provisions of this Regulation).  Français
Continued record-keeping requirements under O. Reg 530/18
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