Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations (SOR/2025-88)

Marginal note:Fenceline monitoring program

• 45 (1) For the purposes of paragraph 44(1)(c), the benzene concentrations measured in at least 24 of the 26 most recent sampling periods must be less than or equal to the following values:

  • (a) in the case of a sampling period that ends before the first anniversary of the day on which these Regulations come into force, 19 μg/m³;

  • (b) in the case of a sampling period that ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 17 µg/m³;

  • (c) in the case of a sampling period that ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 15 µg/m³; and

  • (d) in the case of a sampling period that ends on or after the third anniversary of the day on which these Regulations come into force, 13 µg/m³.

• Marginal note:Arithmetic average

  (2) For the purposes of paragraph 44(1)(c), the arithmetic average of the benzene concentrations measured for the 26 most recent sampling periods must be less than or equal to the following values:

  • (a) if the most recent sampling period ends before the first anniversary of the day on which these Regulations come into force, 6.5 µg/m³;

  • (b) if the most recent sampling period ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 5.5 µg/m³;

  • (c) if the most recent sampling period ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 4.5 µg/m³; and

  • (d) if the most recent sampling period ends on or after the third anniversary of the day on which these Regulations come into force, 3.5 µg/m³.

• Marginal note:Excluded data

  (3) For the purposes of paragraph 44(1)(c), the operator must exclude data collected during

  • (a) sampling periods that ended before the ones for which data is included in the report submitted to the Minister under subsection 47(2);

  • (b) sampling periods that ended before the day on which the operator equipped an existing high benzene tank at the facility with a vapour control system in accordance with section 38 and the first two sampling periods that ended after that day, if the arithmetic average of the benzene concentrations measured at every sampling location of the fenceline monitoring program in respect of that facility for the third to the eighth sampling periods that ended after that day was less than or equal to the following values:

    • (i) if the eighth sampling period ends before the first anniversary of the day on which these Regulations come into force, 6.5 µg/m³;

    • (ii) if the eighth sampling period ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 5.5 µg/m³;

    • (iii) if the eighth sampling period ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 4.5 µg/m³; and

    • (iv) if the eighth sampling period ends on or after the third anniversary of the day on which these Regulations come into force, 3.5 µg/m³; and

  • (c) sampling periods that the Minister indicated under subsection 48(2) must be excluded.

• Marginal note:Excluded data — arithmetic average

  (4) When calculating the arithmetic average referred to in subsection (2), if the operator excludes data under subsection (3), the benzene concentration measured for each excluded sampling period at every sampling location must be replaced by the applicable value set out in paragraphs (2)(a) to (d) for the year in which the most recent included sampling period ended.

• Marginal note:Concentration less than limit

  (5) For the purposes of subsections (1) and (2) and section 47, if the benzene concentration in a sample is less than the method detection limit, the method detection limit is considered to be the value of the benzene concentration in the sample.