Benzene in Gasoline Regulations (SOR/97-493)

6. (1) When the sampling method specified in subsection 5(1) cannot be reasonably applied, another sampling method may be used by the primary supplier if, at least 60 days before the use of the method, the primary supplier sends the Minister, by registered mail or courier,

• (a) an explanation of why the method specified in subsection 5(1) cannot be applied;

• (b) a description of the proposed alternative method; and

• (c) evidence that demonstrates that the reliability and accuracy of the alternative method are comparable to those of the method specified in subsection 5(1).

(2) For the purposes of sections 8 and 20, either the normally applicable method specified in one of subsections 5(2) to (7) or an alternative method may be used by the primary supplier on the condition that

• (a) the equivalency of the alternative method to the normally applicable method be validated in accordance with the American Society for Testing and Materials method D 4855-97, Standard Practice for Comparing Test Methods, or the American Society for Testing and Materials method D 3764-01, Standard Practice for Validation of Process Stream Analyzer Systems; and

• (b) the primary supplier sends the Minister, by registered mail or courier at least 60 days before using the alternative method, a description of the alternative method and evidence that demonstrates that it provides results equivalent to those provided by the normally applicable method.

(3) If the Minister determines that the alternative method is not equivalent to the normally applicable method, the Minister shall reject it and notify the primary supplier to that effect.

7. (1) Every primary supplier must submit the information specified in Schedule 2 to the Minister by the later of

• (a) November 1, 1998, and

• (b) 15 days before the primary supplier starts to supply gasoline.

(2) The Minister must provide each primary supplier with one or more registration numbers based on the information submitted in accordance with subsection (1).

(3) When the information submitted under subsection (1) changes, other than information on typical annual volumes, the primary supplier must submit the updated information to the Minister within five days after the change.

8. (1) Every primary supplier must submit a report to the Minister that is signed by an authorized official of the primary supplier and that contains the information set out in Schedule 3.

(2) The report must be submitted

• (a) quarterly, beginning on January 1, 1999 and ending on December 31, 2002, within 45 days after the last day of each calendar quarter during which gasoline was supplied; and

• (b) annually, beginning on January 1, 2003, on or before February 15 of the year following each year during which gasoline was supplied.

(3) Despite sections 5 and 6, a record of analysis as required by the Regulation of Fuels and Fuel Additives: Standards for Reformulated and Conventional Gasoline, Title 40, Code of Federal Regulations of the United States, Part 80, section 80.74 or 80.104, or as required by The California Reformulated Gasoline Regulations, Title 13, California Code of Regulations, Division 3, Chapter 5, Article 1, Subarticle 2, section 2270, may be used to provide the information on gasoline composition for a report referred to in subsection (1).