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

Marginal note:Loading racks

• 112 (1) The operator of a facility must maintain, in respect of each loading rack at the facility designated under section 13 other than one designated under paragraph 13(c), a record that contains the following information and any supporting documents:

  • (a) the identifier of the loading rack;

  • (b) the year of the loading rack’s installation and the design specifications of the loading rack, including the type and identifier of any emissions control equipment installed on the loading rack;

  • (c) the types of vehicles loaded with the loading rack;

  • (d) information on each volatile petroleum liquid that is loaded with the loading rack, including

    • (i) a description of the volatile petroleum liquid, including its vapour pressure, benzene concentration and, if it is an oil-water mixture, VOC concentration,

    • (ii) the volume of the volatile petroleum liquid that is loaded each day while the emissions control equipment is in service, and

    • (iii) the volume of the volatile petroleum liquid that is loaded each day while the emissions control equipment is not in service;

  • (e) the category to which the loading rack was designated to belong under section 13, the date on which it was first designated, any changes made to the designation, the date on which those changes were made and the reasons for those changes;

  • (f) the total volume of liquids switch loaded with the loading rack in each calendar year without the use of a vapour control system or a declaration from the authorized official that less than 30% of the total volume of liquids loaded in the calendar year with the loading rack was switch loaded without the use of a vapour control system; and

  • (g) an indication of whether the loading rack has been designated under subsection 125(1) as a deferred application loading rack and, if applicable, the expected date on which the designation will no longer apply to the loading rack.

• Marginal note:Other loading racks

  (2) The operator must maintain a record containing the following information and supporting documents in respect of each loading rack at the facility not designated under section 13 and each loading rack designated under paragraph 13(c):

  • (a) the identifier of the loading rack;

  • (b) the description of the liquids loaded with the loading rack, if any; and

  • (c) in the case of a loading rack designated under paragraph 13(c), the loading factor of the loading rack or a declaration from the authorized official that the total loading factor does not exceed 0.04.

• Marginal note:Loading factors

  (3) The operator must maintain a record that contains the total loading factor and maximum daily loading factor of the facility and any supporting documents.

• Marginal note:Modification of loading factor

  (4) The operator must maintain a record of any modification under subsection 16(2) of the calculation of the loading rack’s loading factor that contains the following information and any supporting documents:

  • (a) the identifier of the loading rack;

  • (b) the types of vehicles loaded with the loading rack;

  • (c) a description of the exceptional event that led to the modification;

  • (d) the start and end dates of the exceptional event;

  • (e) the start and end dates of the period during which the exceptional event caused the volume of volatile petroleum liquids loaded with the loading rack to increase;

  • (f) the volume of each volatile petroleum liquid loaded per day during the period referred to in paragraph (e);

  • (g) the volume of each volatile petroleum liquid loaded as determined in accordance with subparagraph 1(c)(iv) of Schedule 1; and

  • (h) a document setting out the reasons why the authorized official made the determination referred to in subsection 16(2), dated and signed by the authorized official.

• Marginal note:Vehicle-to-vehicle loading

  (5) The operator must maintain a record of the dates on which vehicle-to-vehicle loading is performed at the facility, the types of vehicles used for the loading and the distance from the loading location to the nearest occupied building.

Marginal note:Sample of liquids

113 The operator of a facility must maintain, in respect of each sample taken at the facility for the purposes of determining the vapour pressure, benzene concentration or VOC concentration of a liquid stored in a tank or loaded with a loading rack, a record that contains the following information and any supporting documents:

• (a) a description of the liquid;

• (b) the identifier of the tank or loading rack from which the sample was taken;

• (c) the date on which the sample was taken, the name of the person who took the sample, the name of their employer and the sampling method used;

• (d) the date on which the sample was tested, the name of the person who performed the test, the name of their employer and the test method used to determine the vapour pressure, the benzene concentration or the VOC concentration of the liquid;

• (e) the test conditions and the results of the test; and

• (f) any information needed to identify the sample and link it to the test results.

Marginal note:Instrument and continuous monitoring device

114 The operator of a facility must maintain a record that contains the following information and any supporting documents in respect of each instrument or continuous monitoring device used at the facility for the purposes of these Regulations:

• (a) in the case of an instrument, its the identifier;

• (b) the design specifications of the instrument or continuous monitoring device; and

• (c) the results of each calibration or test performed on the instrument or continuous monitoring device, the date on which it was performed, the name of the person who performed it and the name of their employer.

Marginal note:Measurements and calculations

115 An operator must maintain a record, along with any supporting documents, of each measurement or calculation that is used to determine the value of a variable of a formula set out in these Regulations, including the methodology that is used to determine that value.

Marginal note:Units of measurement

116 Unless otherwise specified, all units of measurement used in any record, notice, plan or report required or application submitted under these Regulations must be expressed using the following units:

• (a) in the case of the volume of a tank, m³;

• (b) in the case of the volume of a fluid, standard m³;

• (c) in the case of the benzene concentration of a liquid, % by weight;

• (d) in the case of VOC concentration of a liquid, % by weight;

• (e) in the case of vapour pressure, kPa;

• (f) in the case of the benzene concentration measured under a fenceline monitoring program, μg/m³; and

• (g) in the case of a distance, metric units.

Marginal note:Person performing sampling

• 117 (1) The operator of a facility must maintain a record that contains the following information and any supporting documents in respect of any person performing sampling at the facility for the purposes of these Regulations:

  • (a) the name, title and business address of the person and the name of their employer;

  • (b) an indication of whether the person meets the requirements set out in at least one of paragraphs 22(a) to (c) and which one;

  • (c) if the person is a qualified professional, their qualifications; and

  • (d) in the case of a person who meets the requirements set out in paragraph 22(b) or (c), the qualifications of the qualified professional referred to in that paragraph.

• Marginal note:Person performing testing

  (2) The operator must maintain a record that contains the following information and any supporting documents in respect of any person performing testing required under sections 23 to 25:

  • (a) the name, title and business address of the person and the name of their employer;

  • (b) an indication of whether the person meets the requirements set out in at least one of paragraphs 29(a) to (c) and which one;

  • (c) if the person is a qualified professional, their qualifications; and

  • (d) in the case of a person who meets the requirements set out in paragraph 29(b) or (c), the qualifications of the qualified professional referred to in that paragraph.

• Marginal note:Training — emissions control equipment

  (3) The operator must maintain a record that contains the following information and any supporting documents in respect of any training completed by any person in relation to the activities referred to in section 35:

  • (a) the name, title and business address of the person and the name of their employer;

  • (b) the name of the entity that provides the training;

  • (c) a description of the training; and

  • (d) the date on which the training is completed.

Marginal note:Person designated as operator

118 If the operator is a person who is designated under a written agreement referred to in paragraph (b) of the definition operator in subsection 1(1), the operator must keep a record of that agreement.

Marginal note:Person designated as authorized official

119 If the authorized official is a person who is the subject of a designation referred to in the definition authorized official in subsection 1(1), the operator must keep a record of that designation.

Marginal note:Notices, plans and reports

120 An operator must maintain a record, including any supporting documents, of any notices, plans or reports required under these Regulations.

Marginal note:Information submitted electronically

• 121 (1) Any application, notice, plan or report submitted to the Minister under these Regulations must be submitted, dated and signed electronically by an authorized official in the form and format specified by the Minister.

• Marginal note:Paper submission

  (2) If no electronic form and format is specified or it is impractical to submit the application, notice, plan or report electronically in accordance with subsection (1) because of circumstances beyond the control of the operator , they must be submitted on paper, and dated and signed by an authorized official in the form and format, if any, specified by the Minister. However, if no form and format have been so specified by the Minister, they may be in any form and format.

• Marginal note:Subsection 124(3)

  (3) Despite subsections (1) and (2), the dated signature of the authorized official is not required when notifying the Minister under subsection 124(3) of any change to the information provided.

Marginal note:Minister’s request — records

• 122 (1) On the Minister’s request, the operator of a facility must, within 30 days after the day on which the request is made, provide the Minister with a copy of any records that the operator is required to maintain under these Regulations.

• Marginal note:Minister’s request — sample

  (2) The operator must make available to the Minister and, on the Minister’s request, provide the Minister, at an address and in a manner specified in the request, with a sample of any liquid that is contained in a tank or that is loaded with a loading rack at the facility.

Retention of Records

Marginal note:Information recorded

• 123 (1) Except as otherwise provided in these Regulations, the operator of a facility must ensure that all information that they are required to record under these Regulations, is recorded as soon as feasible but no later than 30 days after the information to be recorded becomes available.

• Marginal note:Period

  (2) The operator must ensure that any record that they are required to maintain under these Regulations is retained for at least six years after the day on which the record is made or updated.

• Marginal note:Inspections — subsection 93(1)

  (3) Despite subsection (2), the records of any inspection of the interior of a tank and an internal floating roof performed under subsection 93(1) and any repair made as a result of the inspection must be retained until the day on which the next inspection is performed under that section.

• Marginal note:Electronically readable format

  (4) Records that are retained electronically must be in an electronic format that is compatible with the format that is used by the Minister.

• Marginal note:Location of records

  (5) The records must be retained at the facility or at any other place in Canada where the records can be inspected.

• Marginal note:Language

  (6) All records that are required to be maintained under these Regulations must be in English or French or, if in another language, be accompanied by a translation into English or French and an affidavit attesting to the accuracy of the translation.

Registration of Facility

Marginal note:Report of registration

• 124 (1) An operator must submit to the Minister, for each facility that they operate, a report of registration that contains the information referred to in Schedules 10 and 11.

• Marginal note:Time limit — submission

  (2) The operator must submit the report of registration within 30 days after the day on which the facility begins to operate or within 120 days after the day on which these Regulations come into force, whichever is later.

• Marginal note:Change of information

  (3) The operator must notify the Minister of any change to the information referred to in items 1 to 3 and 7 in Schedule 11 within 15 days after the day on which the change occurs.

• Marginal note:Update

  (4) Each calendar year, the operator must, within 30 days after the anniversary of the day on which these Regulations come into force, submit to the Minister an update of the information referred to in Schedule 10 and in items 1 to 9 and 12 of Schedule 11 or notify the Minister that there has been no change to the information.

Deferred Application to Existing Tanks and Existing Loading Racks

Marginal note:Designation

• 125 (1) Subject to subsections (2), (3) and (4) and sections 126 to 130, the operator of a facility may designate an existing tank as a deferred application tank or existing loading rack as a deferred application loading rack and extend the non-application of the requirements referred to in section 135, for as long as the designation applies to the tank or loading rack.

• Marginal note:High benzene

  (2) A designation referred to in subsection (1) must not be applied to an existing high benzene tank or to an existing high benzene loading rack.

• Marginal note:At least two existing tanks

  (3) An existing tank at a facility may be designated under subsection (1) only if at least two existing tanks at the facility meet one of the following criteria:

  • (a) they have been equipped with an internal floating roof after the day on which these Regulations come into force;

  • (b) they have been equipped with a vapour control system after the day on which these Regulations come into force; or

  • (c) they have been removed from service to complete a repair under section 100 or 101 after the day on which these Regulations come into force.

• Marginal note:At least one existing loading rack

  (4) In the case of a facility with a total loading factor that is greater than or equal to 8 on the day on which these Regulations come into force, an existing loading rack at that facility may be designated under subsection (1) only if at least one existing loading rack at the facility has been equipped with a vapour control system after that day.