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

Marginal note:Publication of accepted alternative methods

• 32 (1) The Minister may publish a list of accepted alternative test methods, including the conditions of use of the methods and the situations in which their use is permitted.

• Marginal note:Use of accepted alternative test method

  (2) An operator may use an accepted alternative test method that is on the list published under subsection (1) and, if they do so, they must maintain records and any supporting documents that demonstrate that the conditions for the use of the accepted alternative test method have been met.

VOC Emissions Control

Emissions Control Equipment

Marginal note:Emissions control equipment

• 33 (1) The operator of a facility must ensure that any tank at the facility that must be designated under section 12 and any loading rack at the facility that must be designated under section 13 is equipped with emissions control equipment in accordance with the requirements set out in sections 38 to 42, as applicable.

• Marginal note:Compliance

  (2) The operator must ensure that the emissions control equipment meets the requirements with respect to design and operation set out in sections 50 to 79 and the requirements with respect to inspection, testing and repair set out in sections 86 to 106, as applicable.

• Marginal note:Internal floating roof

  (3) Despite subsection (2), if a tank designated under section 12 is equipped with a vapour control system and an internal floating roof, the operator is not required to ensure that the internal floating roof meets the applicable requirements referred to in subsection (2).

Marginal note:Not in service

• 34 (1) Despite subsections 33(1) and (2), during a period when a tank or loading rack is not in service, sections 38 to 42 and 50 to 79 do not apply to that tank or loading rack.

• Marginal note:Delay or omissions of inspections or tests

  (2) During a period when a tank or loading rack is not in service, an operator may delay or omit the inspections referred to in sections 86 and 91, subsection 93(1) and sections 94 to 96 and 104, the tests referred to in sections 87 to 89 and the measurement referred to in section 97 until 30 days after the tank or loading rack is returned to service.

• Marginal note:Repairs

  (3) Despite any repair timelines established in sections 100, 101, 105 and 106, an operator must repair defects that are present when the tank or loading rack is not in service before the tank or loading rack is returned to service.

Marginal note:Required training

35 The operator of a facility must ensure that the emissions control equipment at the facility is operated, maintained, inspected and repaired only by a person who has, not more than 12 months before the first time that they operate, maintain, inspect or repair the emissions control equipment, received training on

• (a) the safe operation, maintenance and calibration of the emissions control equipment and, if applicable, leak detection instruments; and

• (b) the applicable requirements of these Regulations.

Marginal note:Flare

36 The operator of a facility may use a flare as a vapour control system only if it meets one of the following conditions:

• (a) the flare is in service at the facility before the day on which these Regulations come into force, or under construction on that day, and is used to control emissions from a tank that is not a high benzene tank or loading rack that is not a high benzene loading rack; or

• (b) the flare is used only for limited periods to receive excess vapours when flowrates exceed the capacity of the primary vapour control system or the primary vapour control system is inoperative.

Tanks

Marginal note:Emissions control equipment

37 The operator of a facility must ensure that each tank at the facility is designed, operated and maintained in a manner that allows for the effective operation of the emissions control equipment that is installed on that tank.

Marginal note:Vapour control system

38 Subject to section 44, the operator of a facility must ensure that each tank at the facility that is a high benzene tank or is designated as a high volatility liquid tank under paragraph 12(b) is equipped with a vapour recovery system or vapour destruction system.

Marginal note:Volatile petroleum liquid tank

39 The operator of a facility must ensure that each tank at the facility that is designated as a volatile petroleum liquid tank under paragraph 12(c) is equipped with at least one of the following:

• (a) a vapour recovery system;

• (b) a vapour destruction system;

• (c) an internal floating roof; or

• (d) an external floating roof.

Marginal note:Small volatile petroleum liquid tank

40 The operator of a facility must ensure that each tank at the facility that is designated as a small volatile petroleum liquid tank under paragraph 12(d) is equipped with at least one of the following:

• (a) a vapour recovery system;

• (b) a vapour destruction system;

• (c) an internal floating roof;

• (d) an external floating roof; or

• (e) a pressure-vacuum vent.

Marginal note:Position of liquid inlet

41 An operator must ensure that the liquid inlet of a tank designated under section 12 is positioned such that liquid enters the tank no more than 15 cm above the bottom of the tank unless

• (a) the tank is equipped with a vapour control system;

• (b) the liquid level in the tank always remains above the inlet during normal operation; or

• (c) the tank is an existing tank.

Loading Racks

Marginal note:Vapour control systems

42 The operator of a facility must ensure that each loading rack at the facility that is a high benzene loading rack or is designated as a volatile petroleum liquid loading rack under paragraph 13(b) is equipped with one of the following vapour control systems:

• (a) a vapour recovery system, a vapour destruction system or a vapour balancing system, in the case of a loading rack at a facility where all volatile petroleum liquids loaded, are fuels that are stored either in fixed roof tanks that each have an internal volume of less than 150 m³ or, if the tanks are in the form of a vertically oriented cylinder capable of accommodating a floating roof, an internal diameter of less than 5 m, or in underground tanks of any size;

• (b) a vapour recovery system, in the case of a loading rack that is used to load gasoline to trucks at a facility where more than 250 000 standard m³ per year of gasoline is loaded per calendar year and that was not equipped with an existing vapour destruction system on the day on which these Regulations came into force; and

• (c) a vapour recovery system or vapour destruction system, in any other case.

Temporary Vapour Control System

Marginal note:Temporary vapour control system

• 43 (1) An operator may use a temporary vapour control system on a tank or loading rack instead of the emissions control equipment required under section 38, 39, 40 or 42, as the case may be, during the following time periods:

  • (a) if the requirements set out in those sections do not, under sections 135 and 136, apply to the tank or the loading rack on the day on which these Regulations come into force, or if the tank or loading rack has been designated as a deferred application tank or loading rack under section 125, a period not exceeding one year beginning on the day on which section 38, 39, 40 or 42 begins to apply to the tank or loading rack;

  • (b) if the emissions control equipment requires scheduled maintenance or is to be replaced, a period not exceeding 180 days;

  • (c) if a defect of the emissions control equipment is detected and the temporary vapour control system is used under paragraph 90(1)(b) or 101(2)(b), a period not exceeding one year;

  • (d) if a defect of the emissions control equipment is detected and the temporary vapour control system is used under paragraph 100(1)(b), for the repair period referred to in that paragraph; and

  • (e) in the case of a tank, the period during which the tank’s interior is being cleaned or the tank is being emptied until the tank is no longer in service.

• Marginal note:Indefinite period of time

  (2) If the requirements of subsection 53(2) and section 57 are met with respect to the temporary vapour control system, the operator may use it for an indefinite period instead of the applicable period referred to in any of paragraphs (1)(a) to (d).

• Marginal note:Obligation to use

  (3) An operator must use a temporary vapour control system during the following periods:

  • (a) the period during which any of the activities referred to in paragraphs 49(1)(a) to (c) are being carried out, if the high benzene tank in question has not been equipped with a vapour control system or its vapour control system is inoperable;

  • (b) the period during which a vapour control system that is being used to control emissions from a high benzene tank is inoperable due to scheduled maintenance; and

  • (c) the period during which a vapour control system that is being used to control emissions from a high benzene loading rack is inoperable and that loading rack is being used to load a volatile petroleum liquid with a benzene concentration greater than 20% by weight.

High Benzene Tanks

Existing High Benzene Tanks

Marginal note:Use of floating roof

• 44 (1) Subject to subsections (2) and (3), the operator of a facility may continue to use an internal floating roof or external floating roof instead of a vapour control system to control VOC emissions from any existing high benzene tank at the facility that contained a liquid with a benzene concentration greater than 20% by weight on the day on which these Regulations come into force or during the period of one year that precedes that day if

  • (a) the tank is located more than 300 m from any occupied building;

  • (b) the tank is equipped with an internal floating roof or external floating roof that was installed before the day on which these Regulations come into force and that is free from the defects referred to in paragraphs 100(5)(d) and 101(1)(a); and

  • (c) the operator of the facility has established a fenceline monitoring program at the facility, the benzene concentration measured at every sampling location of the fenceline monitoring program is less than or equal to the values set out in subsection 45(1) and the arithmetic average of the benzene concentration measured at every sampling location of the fenceline monitoring program in respect of that facility is less than or equal to the applicable value set out in subsection 45(2).

• Marginal note:External floating roof — non-application

  (2) Subsection (1) ceases to apply in respect of existing high benzene tanks equipped with external floating roofs on the seventh anniversary of the day on which these Regulations come into force.

• Marginal note:Interim Order

  (3) Subsection (1) does not apply in respect of existing high benzene tanks 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.

Marginal note:Fenceline monitoring program

• 45 (1) For the purposes of paragraph 44(1)(c), the benzene concentrations measured in at least 24 of the 26 most recent sampling periods must be less than or equal to the following values:

  • (a) in the case of a sampling period that ends before the first anniversary of the day on which these Regulations come into force, 19 μg/m³;

  • (b) in the case of a sampling period that ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 17 µg/m³;

  • (c) in the case of a sampling period that ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 15 µg/m³; and

  • (d) in the case of a sampling period that ends on or after the third anniversary of the day on which these Regulations come into force, 13 µg/m³.

• Marginal note:Arithmetic average

  (2) For the purposes of paragraph 44(1)(c), the arithmetic average of the benzene concentrations measured for the 26 most recent sampling periods must be less than or equal to the following values:

  • (a) if the most recent sampling period ends before the first anniversary of the day on which these Regulations come into force, 6.5 µg/m³;

  • (b) if the most recent sampling period ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 5.5 µg/m³;

  • (c) if the most recent sampling period ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 4.5 µg/m³; and

  • (d) if the most recent sampling period ends on or after the third anniversary of the day on which these Regulations come into force, 3.5 µg/m³.

• Marginal note:Excluded data

  (3) For the purposes of paragraph 44(1)(c), the operator must exclude data collected during

  • (a) sampling periods that ended before the ones for which data is included in the report submitted to the Minister under subsection 47(2);

  • (b) sampling periods that ended before the day on which the operator equipped an existing high benzene tank at the facility with a vapour control system in accordance with section 38 and the first two sampling periods that ended after that day, if the arithmetic average of the benzene concentrations measured at every sampling location of the fenceline monitoring program in respect of that facility for the third to the eighth sampling periods that ended after that day was less than or equal to the following values:

    • (i) if the eighth sampling period ends before the first anniversary of the day on which these Regulations come into force, 6.5 µg/m³;

    • (ii) if the eighth sampling period ends on or after the first anniversary of the day on which these Regulations come into force but before the second anniversary of that day, 5.5 µg/m³;

    • (iii) if the eighth sampling period ends on or after the second anniversary of the day on which these Regulations come into force but before the third anniversary of that day, 4.5 µg/m³; and

    • (iv) if the eighth sampling period ends on or after the third anniversary of the day on which these Regulations come into force, 3.5 µg/m³; and

  • (c) sampling periods that the Minister indicated under subsection 48(2) must be excluded.

• Marginal note:Excluded data — arithmetic average

  (4) When calculating the arithmetic average referred to in subsection (2), if the operator excludes data under subsection (3), the benzene concentration measured for each excluded sampling period at every sampling location must be replaced by the applicable value set out in paragraphs (2)(a) to (d) for the year in which the most recent included sampling period ended.

• Marginal note:Concentration less than limit

  (5) For the purposes of subsections (1) and (2) and section 47, if the benzene concentration in a sample is less than the method detection limit, the method detection limit is considered to be the value of the benzene concentration in the sample.

Marginal note:Conditions not met

• 46 (1) If a condition set out in paragraph 44(1)(a) or (b) is no longer met with respect to an existing high benzene tank at a facility, the operator of the facility must ensure that that tank meets the requirements of section 38 within one year after the day on which the condition was no longer met.

• Marginal note:Reduce number of tanks

  (2) If the conditions set out in paragraph 44(1)(c) are no longer met with respect to a facility, the operator of the facility must reduce by one the number of existing high benzene tanks at the facility for which an internal floating roof or external floating roof is used instead of a vapour control system, within one year after the day on which the condition was no longer met.

• Marginal note:Reduction of two additional tanks

  (3) If the conditions set out in paragraph 44(1)(c) are still not met at the end of the one-year period referred to in subsection (2), the operator must reduce by two the number of existing high benzene tanks at the facility for which an internal floating roof or external floating roof is used instead of a vapour control system each subsequent year until either

  • (a) the conditions set out in paragraph 44(1)(c) are met; or

  • (b) all existing high benzene tanks at the facility meet the requirements of section 38.