Short Title

1 These Regulations may be cited as the Vinyl Chloride Release Regulations, 1992.

Interpretation

2 In these Regulations,

Act

Act means the Canadian Environmental Protection Act, 1999; (Loi)

bulk polymerized resin

bulk polymerized resin means a resin that is manufactured by a polymerization process in which no diluent is used; (résine polymérisée en masse)

copolymer resin

copolymer resin means a resin that comprises repeating molecular units of two or more compounds; (copolymère)

day

day, in respect of a plant, means a period of 24 consecutive hours; (journée)

dispersion polymerized resin

dispersion polymerized resin means a resin manufactured by the polymerization of vinyl chloride in an aqueous medium that contains emulsifiers and that yields particles that measure between 0.01 and 1.0 micron; (résine polymérisée en dispersion)

fugitive emission

fugitive emission means an emission of vinyl chloride that results from the exposure of process waste water to air or from the normal operations of loading and unloading lines, pumps, compressor and agitator seals, pipe joints, open vessels, storage tanks, laboratory fume hood vents and building ventilation systems, but does not include an emission from a process vent, polymerization reactor, resin stripper or slurry stripper; (émission diffuse)

homopolymer resin

homopolymer resin means a resin that comprises repeating molecular units of a single compound; (homopolymère)

manual venting

manual venting means the controlled release of a quantity of vinyl chloride from a polymerization reactor to counteract an abnormal increase in temperature and pressure within the polymerization reactor; (ventilation manuelle)

normal operating conditions

normal operating conditions has the same meaning as in the Standard Reference Method; (conditions normales d’exploitation)

operator

operator means the person who is responsible for the operation of a plant; (exploitant)

plant

plant means a vinyl chloride plant or a polyvinyl chloride plant; (fabrique)

polymerization reactor

polymerization reactor means a reactor in which vinyl chloride is partially or totally polymerized into polyvinyl chloride; (réacteur de polymérisation)

polyvinyl chloride plant

polyvinyl chloride plant means a facility in which vinyl chloride is polymerized alone or in combination with other materials; (fabrique de chlorure de polyvinyle)

ppm

ppm means parts per million; (ppm)

process vent

process vent means a vent that emits vinyl chloride directly or indirectly into the air, other than

• (a) a building ventilation exhaust vent that vents separately,

• (b) a vent that is downstream of the slurry stripper or resin stripper that vents separately, and

• (c) a polymerization reactor vent that vents separately, when the polymerization reactor is opened; (évent de poste de fabrication)

resin stripper

resin stripper means equipment in which vinyl chloride is removed from resin; (épurateur de résine)

slurry stripper

slurry stripper means equipment in which vinyl chloride is removed from slurry; (épurateur de suspension)

Standard Reference Method

Standard Reference Method means the Standard Reference Methods for Source Testing: Measurement of Emissions of Vinyl Chloride from Vinyl Chloride and Polyvinyl Chloride Manufacturing, Department of the Environment Report EPS-1-AP-77-1, June 1979, as amended from time to time; (méthodes uniformes de référence)

suspension polymerized resin

suspension polymerized resin means a resin manufactured by the polymerization of vinyl chloride in an aqueous medium that contains a suspension agent and that yields particles that measure between 50 and 2 000 microns; (résine polymérisée en suspension)

vinyl chloride plant

vinyl chloride plant means a facility in which vinyl chloride is released during the manufacture of vinyl chloride, ethylene dichloride or 1,1,1,trichlorethane; (fabrique de chlorure de vinyle)

vinyl chloride recovery system

vinyl chloride recovery system means a system that is used in a polyvinyl chloride plant to gather and recover vinyl chloride that is present at the end of the polymerization process and to control releases of vinyl chloride that are associated with the collection and recovery thereof. (système de récupération de chlorure de vinyle)

Responsibility of Owners

3 The owner of a plant shall ensure that the operator operates the plant in accordance with these Regulations.

Release of Vinyl Chloride

• 4 (1) No operator of a vinyl chloride plant shall release from any process vent vinyl chloride in excess of both

  • (a) 10 ppm by volume; and

  • (b) 2 kg per day.

• (2) No operator of a polyvinyl chloride plant shall release vinyl chloride in excess of

  • (a) 0.002 kg per 100 kg of polyvinyl chloride produced by a polymerization reactor since the time the polymerization reactor was last opened, where the polymerization reactor is opened;

  • (b) 0.02 kg per 100 kg of polyvinyl chloride produced in the manufacture of homopolymer suspension polymerized resins, from all sources downstream of the slurry stripper;

  • (c) 0.04 kg per 100 kg of polyvinyl chloride produced in the manufacture of bulk polymerized resins, from all sources downstream of the resin stripper; or

  • (d) 0.2 kg per 100 kg of polyvinyl chloride produced in the manufacture of dispersion polymerized resins or the manufacture of copolymer resins, from all sources downstream of the slurry stripper.

• (3) No operator of a polyvinyl chloride plant shall release from any process vent vinyl chloride the concentration of which exceeds 10 ppm by volume, including the release as a result of

  • (a) the operation of the vinyl chloride recovery system;

  • (b) the exhausting and purging procedures for a polymerization reactor, slurry stripper or resin stripper;

  • (c) the slurry stripping or resin stripping procedures; or

  • (d) the depressurizing of the polymerization reactor by manual venting or other depressurizing procedures that are used as a means of controlling operating conditions.

• (4) Subject to subsection (5), no operator shall release vinyl chloride from any source other than from a process vent, a polymerization reactor that is opened, or any other source referred to in subsections (1) to (3).

• (5) Subsection (4) does not apply to the operator in respect of the release of fugitive emissions if the operator has implemented a plan referred to in section 9.

• (6) For the purposes of this section, the concentration or quantity of vinyl chloride released shall be measured by the appropriate test method described in the Standard Reference Method.

• (7) Notwithstanding subsection (6), the concentration or quantity of vinyl chloride released shall be determined by estimations and calculations obtained from the information available where the appropriate test method described in the Standard Reference Method cannot be used.

Information and Samples

• 5 (1) The Minister may, at any time, request that the operator submit to the Minister

  • (a) any information referred to in Schedules I to VI; and

  • (b) any sample of vinyl chloride and any information that relates to the sample.

• (2) For the purposes of paragraph (1)(b), an enforcement officer shall be present whenever a sample is taken if the Minister so requests.

• (3) The operator shall submit the information or sample within the time specified in the Minister’s request.

Quarterly Reports

• 6 (1) The operator shall submit to the Minister for each calendar quarter, not later than 30 days after the end of the quarter, a report in the form set out in

  • (a) Schedule I, in respect of any release of vinyl chloride from a process vent;

  • (b) Schedule II, in respect of any release of vinyl chloride from a polymerization reactor that is opened;

  • (c) Schedule III, in respect of any release of vinyl chloride from all sources downstream of the slurry stripper or resin stripper; and

  • (d) Schedule IV, in respect of any release of vinyl chloride from any source other than a process vent, a polymerization reactor that is opened or any other source referred to in paragraphs (a) to (c).

• (2) For the purposes of Schedule I and subject to subsection (5), the operator shall obtain samples from any process vent, analyse the samples and calculate the average of the results of the analysis on a dry and undiluted basis, corrected to 10 per cent oxygen and determined for each consecutive three-hour period during a day.

• (3) For the purposes of Schedule II and subject to subsection (5), the operator shall obtain samples from each polymerization reactor that is opened and shall analyse the samples.

• (4) For the purposes of Schedule III and subject to subsection (5), the operator shall obtain samples once every eight hours in the case of a continuous stripper, and immediately after the end of the stripping operation in the case of a batch stripper, and shall analyse the samples and determine the average of the results of the analysis for each day.

• (5) Subsections (2) to (4) do not apply at any time when the sampling or analysis equipment is being maintained, calibrated or repaired.

• (6) For the purposes of this section, the operator shall obtain the information required by Schedules I to IV by

  • (a) the appropriate test method described in the Standard Reference Method; or

  • (b) any other test method the result of which can be confirmed by the method referred to in paragraph (a).

Report Under Paragraph 95(1)(a) of the Act

• 7 (1) The operator is not required to make a report under paragraph 95(1)(a) of the Act if the amount of vinyl chloride released

  • (a) from process vents, is less than 100 kg per day;

  • (b) from a polymerization reactor that is opened, is less than 100 kg per day;

  • (c) from sources downstream of the slurry stripper or resin stripper, exceeds the quantity set out in paragraph 4(2)(b), (c) or (d), as applicable, for a period of seven continuous days or less; and

  • (d) from any source other than a process vent, a polymerization reactor that is opened or any other source referred to in paragraphs (a) to (c),

    • (i) is less than 100 kg, or

    • (ii) is a fugitive emission and the operator has implemented a plan referred to in section 9.

• (2) The operator shall, within 20 days after reporting a release to an enforcement officer pursuant to paragraph 95(1)(a) of the Act, submit a written report to the Minister in the form set out in Schedule V in accordance with a test method referred to in subsection 6(6).

• (3) Notwithstanding subsection (2), the operator shall provide information regarding a release of vinyl chloride obtained from estimations and calculations made from information available to the operator where any information that is required by Schedule V cannot be obtained in accordance with any test method referred to in subsection 6(6).

Compliance Report

• 8 (1) The operator shall submit to the Minister a compliance report in the form set out in Schedule VI as well as all supporting information in the form set out in the Standard Reference Method

  • (a) once in each calendar year; and

  • (b) at any time on the request of the Minister.

• (2) For the purposes of subsection (1) and in accordance with the appropriate test method described in the Standard Reference Method, the operator shall take samples during normal operating conditions of the plant and shall analyse the samples.

• (3) For the purposes of paragraph (1)(a), the operator shall

  • (a) where a compliance report has previously been submitted to the Minister, take samples no earlier than 6 months and no later than 18 months after the date of the completion of the taking of samples for the previous report;

  • (b) give notice in writing to the Minister, at least six weeks in advance, of the day on which the taking of samples is to begin;

  • (c) when requested to do so by the Minister, take and analyse samples in the presence of an enforcement officer; and

  • (d) submit the compliance report within 90 days after the completion of the taking of samples.

• (4) For the purposes of paragraph (1)(b), the operator shall

  • (a) when requested to do so by the Minister, take and analyse samples in the presence of an enforcement officer; and

  • (b) submit the compliance report within 90 days after the day on which the Minister requested the report.

Control of Fugitive Emissions

• 9 (1) The operator shall submit to the Minister a plan for the control of fugitive emissions by the later of

  • (a) the day that is 60 days after the day on which these Regulations come into force, and

  • (b) the day on which the plant initially commences operations.

• (2) The operator shall, in a plan referred to in subsection (1), describe

  • (a) the technology used to reduce fugitive emissions, as described in the Code of Good Operating Practice for Vinyl Chloride and Polyvinyl Chloride Manufacturing Operations, published on December 21, 1991 in the Canada Gazette Part I, as amended from time to time;

  • (b) the location and number of work area monitors and shall include information that relates to the frequency of sampling, the analyzer range and the alarm set-points of the monitors;

  • (c) the schedule for the repair of leaks in accordance with their magnitude; and

  • (d) the preventive maintenance program, including the schedule for refurbishing and replacing parts and the nature and frequency of inspections and of any actions to be taken in respect of that program.

• (3) The operator shall implement the plan referred to in subsection (1) within 60 days after the day on which the plan is submitted to the Minister.

• (4) The operator shall keep a record of maintenance, repairs and other actions taken regarding the implementation of the plan referred to in subsection (1).

Plan to Prevent Accidental Releases

• 10 (1) The operator shall submit to the Minister a plan respecting the reduction of the potential and impact of releases of vinyl chloride, other than releases in respect of which a report is not required pursuant to section 7, by the later of

  • (a) the day that is 60 days after the day on which these Regulations come into force, and

  • (b) the day on which the plant initially commences operations.

• (2) The operator shall include in a plan required by subsection (1) the elements for such a plan as described in the Code referred to in paragraph 9(2)(a).

• (3) The operator shall implement the plan referred to in subsection (1) within 60 days after the day on which the plan is submitted to the Minister.

Signing of Plans and Reports

11 Any plan or report that is submitted under any of sections 6 to 10 by a corporation shall be signed by an officer of the corporation who is authorized to do so.

Record-Keeping

12 The operator shall retain at the plant, for a period of three years, the information in respect of any plan or report that is submitted pursuant to these Regulations and shall make the information available to an enforcement officer on request within the time established in the request.