Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) (SOR/2020-231)

Marginal note:Application for permit — modified fenceline monitoring program

• 26 (1) The operator of a facility who wishes to deviate from the standard fenceline monitoring program referred to in subsection 17(1) in relation to the selection of the fenceline, or the number of sampling tubes or their location at the fenceline, may apply to the Minister for a permit to establish and maintain a modified fenceline monitoring program for the facility.

• Marginal note:Contents of application

  (2) An application for a permit referred to in subsection (1) must contain the following information:

  • (a) a diagram that includes

    • (i) the property boundary, process units, storage vessels, product loading areas and wastewater treatment areas,

    • (ii) the proposed fenceline, encompassing all emission sources at the facility except tailings ponds and mining areas, and

    • (iii) the proposed sampling locations at the fenceline;

  • (b) a description of the analysis used to select the proposed fenceline, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis;

  • (c) the proposed number of sampling tubes and their proposed location at the fenceline, and a description of the analysis that formed the basis for those proposals, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis;

  • (d) a description of how the proposed fenceline, the proposed number of sampling tubes and their proposed location at the fenceline deviate from those required by the standard fenceline monitoring program; and

  • (e) a description of the analysis demonstrating that the proposed modified fenceline monitoring program would be at least as effective at measuring the concentrations at the fenceline of the substances set out in Schedule 2 as the standard fenceline monitoring program, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis.

• Marginal note:Conditions for issuing permit

  (3) The Minister may issue a permit for a modified fenceline monitoring program, setting out the permitted deviations from the standard fenceline monitoring program for the facility, if the proposed modified fenceline monitoring program meets the following conditions:

  • (a) it deviates from the standard fenceline monitoring program only in the selection of the fenceline or the number of sampling tubes or their location at the fenceline; and

  • (b) the deviations do not render it less effective than the standard fenceline monitoring program in measuring the concentrations at the fenceline of the substances set out in Schedule 2.

• Marginal note:Notification — no permit to be issued

  (4) If the conditions referred to in subsection (3) are not met, the Minister must not issue the permit and must notify the operator to that effect.