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

Marginal note:Application for permit — alternative fenceline monitoring program

• 27 (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 any aspects other than, or in addition 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 an alternative 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, and

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

  • (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) a technical description of the proposed method to be used to measure the concentrations at the fenceline of the substances set out in Schedule 2;

  • (d) a description of how the proposed alternative fenceline monitoring program deviates from the standard fenceline monitoring program;

  • (e) a description of the analysis, based in part on the comparison referred to in paragraph (f) and demonstrating that the proposed alternative 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 a standard or modified fenceline monitoring program, which description includes the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis; and

  • (f) a comparison of the concentrations at the fenceline of each substance, set out in Schedule 2, as measured using the proposed method at any facility referred to in subsection 2(1) over a period of at least three years, and those measured in accordance with a standard or modified fenceline monitoring program at that facility during the same period.

• Marginal note:Condition for issuing permit

  (3) The Minister may issue a permit for an alternative fenceline monitoring program, setting out the permitted deviations from the standard fenceline monitoring program for the facility, if the proposed deviations from the standard fenceline monitoring program do not render the alternative fenceline monitoring program 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 condition referred to in subsection (3) is not met, the Minister must not issue the permit and must notify the operator to that effect.