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

Marginal note:Fourth year — existing tanks

• 126 (1) In the fourth year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

  • (a) 20%, rounded up to the nearest whole number, of the total number of tanks indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

  • (b) 12.

• Marginal note:Two existing loading racks

  (2) In the fourth year after the day on which these Regulations come into force, the number of existing loading racks at a facility that are designated under subsection 125(1) must not exceed two.

Marginal note:Fifth year — existing tanks

• 127 (1) In the fifth year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

  • (a) 15%, rounded up to the nearest whole number, of the total number of tanks indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

  • (b) nine.

• Marginal note:One existing loading rack

  (2) In the fifth year after the day on which these Regulations come into force, the number of existing loading racks at a facility that are designated under subsection 125(1) must not exceed one.

Marginal note:Sixth year — existing tanks

• 128 (1) In the sixth year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

  • (a) 10%, rounded up to the nearest whole number, of the total number of tanks indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

  • (b) six.

• Marginal note:No existing loading racks

  (2) Beginning in the sixth year after the day on which these Regulations come into force, there must not be any existing loading racks at a facility that are designated under subsection 125(1).

Marginal note:Seventh year — existing tanks

129 In the seventh year after the day on which these Regulations come into force, the number of existing tanks at a facility that are designated under subsection 125(1) must not exceed the lesser of the following values:

• (a) 5%, rounded up to the nearest whole number, of the total number of tanks at the facility indicated in the report of registration of the facility in accordance with item 11 of Schedule 11, and

• (b) three.

Marginal note:Eighth year — no existing tanks

130 Beginning in the eighth year after the day on which these Regulations come into force, there must not be any existing tanks at a facility that are designated under subsection 125(1).

Transitional Provisions

Marginal note:Existing vapour control systems

• 131 (1) Despite subsection 33(2), the requirements set out in sections 50 to 55, subsection 58(1), sections 59 and 86 to 90 do not apply to existing vapour control systems until the first anniversary of the day on which these Regulations come into force.

• Marginal note:Exception

  (2) Despite subsection 33(2), the requirements set out in section 36 and subsection 58(2) do not apply to existing vapour recovery systems or existing vapour destruction systems until the third anniversary of the day on which these Regulations come into force.

Marginal note:Existing tanks — internal floating roofs

132 Despite subsection 33(2), the requirements set out in sections 62 to 63, subsection 64(2) and sections 66 to 68 do not apply to existing tanks equipped with an internal floating roof that was installed before the day on which these Regulations come into force until the day on which

• (a) an inspection of the tank is performed in accordance with subsection 93(1);

• (b) the time limit for the inspection of the tank under subsection 93(1) has passed; or

• (c) in the case of a tank that is removed from service, the tank is returned to service.

Marginal note:First anniversary — existing tanks

133 Despite subsection 33(2), the requirements set out in sections 78, 79, 91, 92 and 94 to 96, subsections 100(1) to (5) and sections 103 to 105 do not apply to existing tanks until the first anniversary of the day on which these Regulations come into force.

Marginal note:Existing high benzene tanks

• 134 (1) Despite subsection 33(1) and subject to subsections (2) and (3), the requirements set out in section 38 do not apply to existing high benzene tanks until the first anniversary of the day on which these Regulations come into force.

• Marginal note:Three or more tanks

  (2) Subject to subsection (3), if, on the day on which these Regulations come into force, a facility has three or more existing high benzene tanks that contain a liquid with a benzene concentration greater than 20% by weight and that do not meet the requirements set out in section 38, the operator of that facility must

  • (a) ensure that on the first anniversary of that day, at least two of the existing high benzene tanks meet the requirements of section 38 and that the remainder of the existing high benzene tanks are no longer high benzene tanks or are equipped with a temporary vapour control system; and

  • (b) ensure that on the second anniversary of the day on which these Regulations come into force, all of the existing high benzene tanks meet the requirements of section 38 or are no longer high benzene tanks.

• Marginal note:Exception — Interim Order

  (3) If an existing high benzene tank is located at a facility that was subject to the Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario made by the Minister on May 16, 2024 and published in Part 1 of the Canada Gazette on May 21, 2024, the requirements of section 38 apply to that existing high benzene tank beginning on the day on which these Regulations come into force.

• Marginal note:Existing high benzene loading racks

  (4) Despite subsection 33(1), the requirements under section 42 do not apply to existing high benzene loading racks until the first anniversary of the day on which these Regulations come into force.

Marginal note:Third anniversary — existing tanks

• 135 (1) Despite subsection 33(1), the requirements set out in sections 38 to 40 do not apply to existing tanks, other than existing high benzene tanks, until the third anniversary of the day on which these Regulations come into force.

• Marginal note:Existing tanks — external floating roofs

  (2) Despite subsection 33(2), the requirements set out in sections 71 and 72, subsections 73(2) to (4) and sections 75 to 77 do not apply to existing tanks equipped with an external floating roof that was installed before the day on which these Regulations come into force until the third anniversary of that day.

• Marginal note:Existing loading racks

  (3) Despite subsection 33(1) and subject to section 136, the requirements set out in section 42 do not apply to existing loading racks, other than existing high benzene loading racks, until the third anniversary of the day on which these Regulations come into force.

Marginal note:Fourth anniversary

136 The requirements set out in section 42 do not apply to existing loading racks that are used to load to ships or transport barges, other than existing high benzene loading racks, until the fourth anniversary of the day on which these Regulations come into force.

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

137 [Amendments]

Coming into Force

Marginal note:Registration

• 138 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

• Marginal note:120th day after registration

  (2) Subsection 43(3) and section 49 come into force on the 120th day after the day on which these Regulations are registered.