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

Marginal note:Permit — refusal

• 82 (1) If the information required under subsections 80(3) and (4) has not been provided or is insufficient to enable the Minister to consider the application, the Minister must refuse to issue the permit, notify the applicant in writing of the reasons for the refusal and provide the applicant an opportunity to make written representations.

• Marginal note:30 days

  (2) The written representations, if any, must be submitted to the Minister within 30 days after the day on which the applicant receives the Minister's notice of refusal.

• Marginal note:Decision of the Minister

  (3) After providing the applicant an opportunity to make written representations, the Minister must take one of the following measures:

  • (a) notify the applicant in writing of the decision to issue the permit and issue the permit in accordance with section 81; or

  • (b) notify the applicant in writing of the decision to refuse to issue the permit.

Marginal note:Renewal of permit

• 83 (1) A permit holder who wishes to renew their permit must submit an application for renewal to the Minister at least 60 days before the day on which the permit expires.

• Marginal note:Contents of application for renewal

  (2) The application for renewal must contain an update of the information provided under subsection 80(3).

• Marginal note:Clarifications or additional information

  (3) The Minister may, on receiving an application for renewal, require that the applicant provide any clarifications or additional information that is necessary for the Minister to consider the application.

• Marginal note:Renewal

  (4) The Minister may renew the permit if the Minister determines that the information provided in the application for renewal demonstrates that the alternative emissions control equipment is, in all situations in which it would be used, at least as effective at controlling VOC emissions as the emissions control equipment that it would replace.

• Marginal note:Conditions

  (5) The Minister may modify any of the conditions set out in the initial permit under subsection 81(3) and if the Minister does so, the Minister must set out those modified conditions in the renewed permit.

Marginal note:Notice to Minister

84 If a permit holder receives information demonstrating that the alternative emissions control equipment does not control VOC emissions as effectively as the equipment that it replaced, or monitoring data establishing that the limits referred to in paragraph 81(3)(b) are no longer met, the permit holder must notify the Minister within 30 days after the day on which they received that information or data.

Marginal note:Modification of permit

• 85 (1) The Minister may modify a permit issued under subsection 81(1) if the Minister has reasonable grounds to believe that the alternative emissions control equipment does not control VOC emissions as effectively as the emissions control equipment that it replaced.

• Marginal note:Revocation of permit

  (2) The Minister may revoke a permit issued under subsection 81(1) if the Minister has reasonable grounds to believe that

  • (a) the alternative emissions control equipment does not control VOC emissions as effectively as the emissions control equipment that it replaced;

  • (b) the conditions set out in the permit have not been met; or

  • (c) the permit holder has provided false or misleading information in support of their application.

• Marginal note:Notice of modification or revocation

  (3) Before modifying or revoking a permit, the Minister must notify the permit holder in writing of the reasons for the modification or revocation and provide the permit holder an opportunity to make written representations concerning the modification or revocation.

• Marginal note:30 days

  (4) For the purposes of subsection (3), the permit holder may submit written representations to the Minister no later than 30 days after the day on which they receive the notice of modification or revocation.

• Marginal note:Decision of the Minister

  (5) If, after providing the permit holder an opportunity to make written representations, the Minister decides to modify or revoke the permit, the Minister must

  • (a) notify the permit holder of the modification or revocation; and

  • (b) if applicable, notify the permit holder of the date on which the permit holder must cease to use the alternative emissions control equipment and the date on which the permit holder must begin to use the emissions control equipment required under any of sections 38 to 40 and 42.

Inspection, Testing and Repair

Vapour Control Systems

Inspections and Tests

Marginal note:Monthly inspection

• 86 (1) The operator of a facility must, at least once a month and no less than 14 days after the day on which the previous inspection was performed, visually inspect all components of each vapour control system at the facility for vapour leaks and liquid leaks or any other defects that can be detected visually.

• Marginal note:Annual inspection

  (2) The operator must, at least once in a calendar year and no less than 10 months after the day on which the previous inspection was performed, inspect each vapour control system for vapour leaks with one of the leak detection instruments referred to in subsection 26(1).

• Marginal note:Excluded components

  (3) Any component of the vapour control system that is normally operated at an internal pressure that is at least 5 kPa below ambient pressure is not required to be inspected under subsection (2).

Marginal note:Performance test — defects

• 87 (1) The operator of a facility must test the performance of each vapour control system for the defects referred to in subsection 90(3) within the time limits set out in the design specifications and at least once every five years.

• Marginal note:Design specifications

  (2) Despite subsection (1), if the vapour control system is a vapour destruction system designed with the primary purpose of producing useful heat or energy, or if it is a flare, the operator is required to perform only the tests indicated in the system's design specifications.

Marginal note:Performance test — modifications

• 88 (1) If the vapour control system is a vapour recovery system or vapour destruction system, the operator must ensure that the performance test referred to in section 87 is performed in accordance with section 7 of the National Standard of Canada CAN/CGSB 3.1000–2024, entitled Vapour Control Systems in Gasoline Distribution Networks, with the following modifications:

  • (a) the test method applies to all vapour recovery systems and vapour destruction systems;

  • (b) a reference to “terminal” is to be read as a reference to “facility”;

  • (c) a reference to “gasoline” is to be read as a reference to “volatile petroleum liquid”;

  • (d) a reference to “gasoline vapour” is to be read as a reference to “ vapour”;

  • (e) if the vapour control system is used to control VOC emissions from a tank, the performance test period must be of the same duration as the performance test period set out in the standard and include at least one hour during which the tank is being filled at the maximum rate;

  • (f) the use of alternate test methods, including continuous emissions monitoring, is not permitted;

  • (g) the total hydrocarbon analyzer must be a separate device from the continuous monitoring device and both devices must independently collect data throughout the test period;

  • (h) detections of methane and ethane may be excluded from the results collected by the total hydrocarbon analyzer by either

    • (i) using a device of a type that is insensitive to those substances, or

    • (ii) subtracting the effect of those substances from the reading using a calibration or correction factor that is established on the day of the test and appropriate for the testing conditions, including temperature, pressure, overall atmospheric composition and actual vapour composition;

  • (i) in all calculations and calibrations, references to propane or the properties of propane, including density or molecular mass, must be replaced by references to another appropriate substance or to the properties of that other substance whenever necessary to accurately represent the properties of a volatile petroleum liquid;

  • (j) the volume of substances that are not volatile petroleum liquids must not be included in calculations relating to the volume of liquid loaded; and

  • (k) the results of the calculations may indicate the performance of the vapour control system in terms of the mass of VOCs emitted per m³ of vapour vented instead of the mass of VOCs emitted per litre of liquid loaded.

• Marginal note:More than one tank

  (2) For the purposes of paragraph (1)(e), if the vapour control system is used to control the emissions of multiple tanks, only one tank must be filled during the test.

• Marginal note:Continuous monitoring device

  (3) The accuracy of a continuous monitoring device referred to in paragraph 54(1)(a) is evaluated by comparing the measurements generated by the device during the test to the results of the performance test referred to in section 87.

Marginal note:Vapour balancing system — test

• 89 (1) If the vapour control system is a vapour balancing system, the operator must ensure that the performance test referred to in section 87 covers the entire duration of the loading from a tank to a vehicle tank and the entire duration of the loading from a vehicle tank to a tank.

• Marginal note:Test elements

  (2) The test must include the following elements:

  • (a) the use of a calibrated pressure gauge to monitor the pressure at the vapour outlet of the vehicle tank during loading; and

  • (b) the use of visual, auditory or olfactory methods to monitor the pressure-vacuum vents on the vehicle tank and the tank to determine whether any of the vents open during loading.

• Marginal note:Loading during the test

  (3) During the test, loading must be performed in accordance with the operator’s standard operating procedures, involve vehicles typically used at the facility and be performed without modifications to enhance system performance for the purpose of the test.

Repair

Marginal note:Repair — deadline

• 90 (1) The operator of a facility must, within 45 days after the day on which a defect of any vapour control system at the facility is detected

  • (a) repair the defect and perform any tests or inspections necessary to confirm that the repair is successful; or

  • (b) use a temporary vapour control system.

• Marginal note:Repair deadline exception

  (2) Despite subsection (1), if the operation of the vapour control system is not required on the last day of the period referred to in subsection (1), the operator must ensure that the measures referred to in paragraph 1(a) or (b) are taken before the operation of the vapour control system is next required.

• Marginal note:Defects

  (3) A vapour control system has a defect if

  • (a) it has a vapour leak or liquid leak;

  • (b) in the case of a vapour recovery system or vapour destruction system,

    • (i) it is equipped with a continuous monitoring device that does not meet the requirements of section 54, or

    • (ii) its VOC recovery or destruction performance is insufficient to allow it to meet the requirements of section 57 or 58, as the case may be;

  • (c) in the case of a vapour balancing system,

    • (i) it has a measured pressure in excess of 4.5 kPa at the vehicle tank vapour outlet, or

    • (ii) its pressure-vacuum vents are open at a pressure lower than the pressure relief setting set out in paragraph 78(b) during loading activities; or

  • (d) it has any other defect that is likely to reduce its performance.

Internal Floating Roofs and External Floating Roofs

Inspection of Internal Floating Roof

Marginal note:Monthly inspection

• 91 (1) The operator of a facility must ensure that the space above each internal floating roof at the facility is inspected at least once a month and no less than 14 days after the day on which the previous inspection was performed.

• Marginal note:Inspections omitted

  (2) Despite subsection (1), the operator may omit up to four inspections in one calendar year if weather conditions or unforeseen circumstances cause safety concerns or access problems that render inspection impracticable.

• Marginal note:LEL%

  (3) An inspection must include a determination of the value of the LEL% in the space above the internal floating roof under the control conditions and in accordance with the procedure described in Schedule 6.

Marginal note:Baseline LEL%

• 92 (1) The operator must calculate a baseline LEL% for the purposes of evaluating the performance of the internal floating roof.

• Marginal note:Calculation

  (2) Subject to subsection (3), the baseline LEL% is the arithmetic average of all the values of the LEL% determined in the space above the internal floating roof over the previous four years.

• Marginal note:Excluded

  (3) The following values are excluded from the calculation of the baseline LEL%:

  • (a) all values of the LEL% determined before any total replacement of the primary seal or secondary seal;

  • (b) all values of the LEL% that exceed 20 or, if the benzene concentration of the volatile petroleum liquid in the tank is greater than or equal to 20% by weight, that exceed 10; and

  • (c) all values of the LEL% determined before the day on which these Regulations come into force.

• Marginal note:No established baseline LEL%

  (4) Despite subsection (1), there is no established baseline LEL% if there are less than 12 LEL% values included in the calculation.

• Marginal note:Established baseline LEL%

  (5) If there is an established baseline LEL%, the value of the LEL% in the space above the internal floating roof must not exceed the following thresholds:

  • (a) 150% of the baseline LEL%, if the baseline LEL% is greater than or equal to 5; and

  • (b) 7.5, if the baseline LEL% is less than 5.

• Marginal note:No established baseline LEL%

  (6) If there is no established baseline LEL%, the value of the LEL% in the space above the internal floating roof must not exceed the following thresholds:

  • (a) 10, if the tank is a high benzene tank;

  • (b) 90, if the tank is an inerted tank that is not a high benzene tank; and

  • (c) 20, in all other cases.

• Marginal note:Excess LEL% — second inspection

  (7) If, during a first inspection, the value of the LEL% exceeds the thresholds set out in subsection (5) or (6) but does not exceed the thresholds set out in paragraphs 101(1)(b) or (c), a second inspection may be performed within seven days after the day of the first inspection and if, during the second inspection, the value of the LEL% does not exceed the applicable thresholds set out in subsection (5) or (6), the value determined during the first inspection is not a defect, despite paragraph 100(5)(d).

Marginal note:Inspection every 20 years

• 93 (1) The operator of a facility must ensure that each internal floating roof at the facility and the interior of the tank in which it is installed are inspected every 20 years and that the inspection includes

  • (a) a measurement of the seal gap under the control conditions and in accordance with the procedure described in Schedule 4, unless the rim seal is being replaced at the time of the inspection;

  • (b) an inspection of all hatches, covers and other emissions control devices, including seals and internal floats, to locate tears, holes, corrosion, swelling, embrittlement or any other damage that would reduce their emissions control efficacy;

  • (c) if applicable, a test operation of the hatches to verify that they seal automatically after use;

  • (d) if the tank is not in service at the time of inspection, the servicing, testing or replacement of vents and vacuum breakers to ensure that they are in good working order and that they will remain closed when the floating roof is floating on the liquid;

  • (e) an inspection of the floating roof and all other emissions control equipment for structural defects and corrosion;

  • (f) an inspection of the seams in the internal floating roof for potential vapour leaks or liquid leaks, openings or damage;

  • (g) if the tank is not in service at the time of inspection, an inspection of the inside of the pontoons and a determination of the value of the LEL% inside the pontoons to detect vapour leaks and liquid leaks;

  • (h) if applicable, an inspection of the bolting bar on the rim-mounted secondary seals for corrosion and broken welds;

  • (i) if applicable, a test operation of the liquid level alarms and automatic gauging systems;

  • (j) if applicable, a visual inspection of the inside of the guide pole for protrusions that are likely to damage the vapour control float;

  • (k) if applicable, an inspection of the vapour control float or cover inside the guide pole; and

  • (l) an inspection of the exposed part of the internal wall of the tank for grooving, corrosion, coating failures and out-of-roundness.

• Marginal note:Start of period

  (2) The 20-year period referred to in subsection (1) is considered to have begun on the later of the following days:

  • (a) the day on which the tank was first in service, but only if the operator’s records demonstrate that all tests or inspections verifying the correct installation and function of the tank and the internal floating roof that are required by design specifications have been performed; and

  • (b) the day on which the most recent internal inspection of the tank was performed, but only if the operator’s inspection report demonstrates that the inspection was completed by a person who holds a valid API 653 - Aboveground Storage Tank Inspector certificate issued by the American Petroleum Institute.

• Marginal note:No applicable days

  (3) If neither of the days referred to in paragraphs (2)(a) and (b) applies or if the applicable day has occurred more than ten years before the day on which these Regulations come into force, the operator must ensure that the first inspection required under subsection (1) is performed no later than ten years after the day on which these Regulations come into force.