Benzene in Gasoline Regulations (SOR/97-493)

Benzene Emissions Number — Prohibition

4 Effective July 1, 1999 and subject to section 15, no primary supplier shall supply gasoline that has a benzene emissions number that exceeds

• (a) 71, in the case of a batch supplied during the summer; and

• (b) 92, in the case of a batch supplied during the winter.

Reference Methods for Sampling and Analysis

• 5 (1) Subject to subsection 6(1), all samples must be taken in accordance with any one of the ASTM International sampling methods specifically set out in section 7 of the National Standard of Canada standard CAN/CGSB-3.5-2016, Automotive gasoline.

• (2) The concentration of benzene and that of aromatics in gasoline referred to in sections 3 and 16 and Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.

• (3) Subject to subsection 6(2), the concentration of olefins in gasoline referred to in Schedule 3 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.

• (4) The concentration of sulphur in gasoline referred to in Schedule 1 must be measured in accordance with the ASTM International method D5453 - 16e1, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.

• (5) The vapour pressure of gasoline at 37.8°C (100°F) referred to in Schedule 1 must be measured in accordance with the ASTM International method D5191 - 15, Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) and converted to “dry vapor pressure equivalent” as described in that method.

• (6) The evaporative fractions of gasoline at 93.3°C (200°F) and 148.9°C (300°F) referred to in Schedule 1 must be measured in accordance with ASTM International method D86 - 17, Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure.

• (7) The concentration of oxygen in gasoline referred to in Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.

• (8) The concentration of benzene and that of aromatics in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.

• (9) The concentration of benzene and that of aromatics in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with ASTM International method D2163 - 14e1, Standard Test Method for Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography.

• (10) The concentration of sulphur in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the ASTM International method D5453 - 16e1, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.

• (11) The concentration of sulphur in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with the ASTM International method D6667 - 14, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.

Equivalent Methods for Sampling and Analysis

• 6 (1) When the sampling method specified in subsection 5(1) cannot be reasonably applied, another sampling method may be used by the primary supplier if, at least 60 days before the use of the method, the primary supplier sends the Minister

  • (a) an explanation of why the method specified in subsection 5(1) cannot be applied;

  • (b) a description of the proposed alternative method; and

  • (c) evidence that demonstrates that the reliability and accuracy of the alternative method are comparable to those of the method specified in subsection 5(1).

• (2) For the purposes of sections 8 and 20, either the normally applicable method specified in one of subsections 5(2) to (7) or an alternative method may be used by the primary supplier on the condition that

  • (a) the equivalency of the alternative method to the normally applicable method be validated in accordance with the ASTM International method D6708 - 16b, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, or the ASTM International method D3764 - 15e1, Standard Practice for Validation of the Performance of Process Stream Analyzer Systems; and

  • (b) the primary supplier sends the Minister, at least 60 days before using the alternative method, a description of the alternative method and evidence that demonstrates that it provides results equivalent to those provided by the normally applicable method.

• (3) If the Minister determines that the alternative method is not equivalent to the normally applicable method, the Minister shall reject it and notify the primary supplier to that effect.

Registration

• 7 (1) Every primary supplier must submit the information specified in Schedule 2 to the Minister by the later of

  • (a) November 1, 1998, and

  • (b) 15 days before the primary supplier starts to supply gasoline.

• (2) The Minister must provide each primary supplier with one or more registration numbers based on the information submitted in accordance with subsection (1).

• (3) When the information submitted under subsection (1) changes, other than information on typical annual volumes, the primary supplier must submit the updated information to the Minister within five days after the change.

Report

• 8 (1) Every primary supplier must submit a report to the Minister that is signed by an authorized official of the primary supplier and that contains the information set out in Schedule 3.

• (2) The report must be submitted

  • (a) quarterly, beginning on January 1, 1999 and ending on December 31, 2002, within 45 days after the last day of each calendar quarter during which gasoline was supplied; and

  • (b) annually, beginning on January 1, 2003, on or before February 15 of the year following each year during which gasoline was supplied.

• (3) Despite sections 5 and 6, a record of analysis as required by the Regulation of Fuels and Fuel Additives: Standards for Reformulated and Conventional Gasoline, Title 40, Code of Federal Regulations of the United States, Part 80, section 80.74 or 80.104, or as required by The California Reformulated Gasoline Regulations, Title 13, California Code of Regulations, Division 3, Chapter 5, Article 1, Subarticle 2, section 2270, may be used to provide the information on gasoline composition for a report referred to in subsection (1).

• 8.1 (1) Any information, report or notice that is required, or any application that is made, under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official.

• (2) If the Minister has not specified an electronic form and format or if it is impractical to send the information, report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending it, they must send it on paper, signed by an authorized official, in the form and format specified by the Minister. However, if no form and format have been so specified, the information may be in any form and format.

Records

• 9 (1) A primary supplier may, before dispatching a batch from a refinery or blending facility or importing a batch, identify the gasoline by recording it as one of the following types:

  • (a) complying gasoline;

  • (b) gasoline for use in aircraft;

  • (c) gasoline for use in competition vehicles;

  • (d) gasoline for use in scientific research;

  • (e) gasoline for export;

  • (f) gasoline in transit through Canada;

  • (g) U.S. reformulated gasoline;

  • (h) California gasoline;

  • (i) gasoline-like blendstock; and

  • (j) northern winter complying gasoline.

• (2) Any batch of gasoline dispatched by a primary supplier from a refinery or blending facility, or imported by a primary supplier, that has not been identified under subsection (1) is considered, for the purposes of these Regulations, to have been identified as complying gasoline.

• (3) Every primary supplier must have a record for each batch it dispatches or imports that includes

  • (a) the type of gasoline as identified under subsection (1), unless it is complying gasoline;

  • (b) the date on which the batch was dispatched or imported;

  • (c) the volume and the grade of each batch; and

  • (d) the name and address of the person to whom the gasoline was sold or the address of the storage facility or refuelling facility to which the gasoline was delivered.

• (4) For each batch of complying gasoline received at a refinery or non-mobile blending facility, every primary supplier must record the name and address of the seller or provider, the date of the purchase or transfer of ownership, and the volume and the grade of the batch.

• (5) Every primary supplier must have written evidence that establishes that each batch identified under subsection (1) as one of the following types of gasoline was sold or delivered for the use appropriate to the identified type:

  • (a) gasoline for use in aircraft;

  • (b) gasoline for use in competition vehicles;

  • (c) gasoline for use in scientific research;

  • (d) gasoline for export; and

  • (e) gasoline in transit through Canada.

• (6) For each batch identified under subsection (1) as U.S. reformulated gasoline or California gasoline, every primary supplier must have written evidence that establishes that the batch meets the compositional requirements for U.S. reformulated gasoline or California gasoline, as the case may be.

Retention of Records

10 Every primary supplier must retain in Canada any record and any related written evidence referred to in section 9, 13 or 20

• (a) for a period of three years from the day on which the record was made, if it was made before January 1, 2004; and

• (b) for a period of five years from the day on which the record was made, if it was made on or after January 1, 2004.

Submission of Samples and Records

11 Any person who supplies, sells or offers for sale gasoline 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) a sample of their gasoline;

• (b) a copy of any records or written evidence required by section 9, 12, 13 or 20; and

• (c) the names and addresses of the persons who sold or provided the gasoline to them and the date of sale or transfer of ownership of the gasoline.

Additional Requirements for Importers

• 12 (1) Every importer must notify the Minister, at least 12 hours before the time of importation, of the importer’s intention to import in the following circumstances:

  • (a) the importation, at any one time, of more than 100 m³ of gasoline identified under subsection 9(1) or (2) as complying gasoline, U.S. reformulated gasoline, California gasoline or northern winter complying gasoline;

  • (b) the importation, at any one time, of any amount of gasoline identified under subsection 9(1) as gasoline-like blendstock; or

  • (c) the importation into a province and within any one day, of more than 1 000 m³ of gasoline identified under subsection 9(1) or (2) as complying gasoline, U.S. reformulated gasoline, California gasoline or northern winter complying gasoline.

• (2) The notice required by subsection (1) must include

  • (a) the name and registration number of the importer;

  • (b) the type of gasoline identified under subsection 9(1), unless it is complying gasoline;

  • (c) the volume of the gasoline that is scheduled to be imported;

  • (d) the point of entry of the gasoline into Canada and the estimated date and time that it will enter Canada;

  • (e) the address of the first storage facility or refuelling facility to which the gasoline is to be delivered and the estimated date and time of its delivery there; and

  • (f) the name and telephone number of a representative of the importer through whom sampling arrangements can be made.

• (3) Effective July 1, 1999, no importer shall import gasoline by cargo tanker, railway car, boat, marine vessel or aircraft unless the gasoline is accompanied at the point of entry into Canada and at the point of delivery, and everywhere between those points, by a record that shows

  • (a) the name, address and registration number of the importer;

  • (b) the name and address of the person to whom the gasoline is to be sold or ownership transferred;

  • (c) the address of the first storage facility or refuelling facility to which the gasoline is to be delivered;

  • (d) the volume of the gasoline; and

  • (e) the type of gasoline identified under subsection 9(1), unless it is complying gasoline.

Gasoline-like Blendstock — Records and Requirements

• 13 (1) For every batch identified under subsection 9(1) as gasoline-like blendstock, every primary supplier must, before dispatching the batch from its refinery or blending facility or before importing the batch, record the name and address of the person who purchases or receives the batch, the date of dispatch or importation and the volume of the batch that is scheduled to be dispatched or imported.

• (2) Every primary supplier must provide the Minister, as an annex to the report required under section 8 and for each batch of gasoline-like blendstock that was dispatched or imported during the period covered by the report, with the information prescribed under subsection (1), except the scheduled volume, and with the actual volume of the batch dispatched or imported.

• (3) Effective July 1, 1999, every person who purchases or receives a batch of gasoline-like blendstock and does not export it must

  • (a) subject to subsection (4), refine or blend the batch to manufacture complying gasoline or gasoline referred to in subsection 2(1); and

  • (b) record the name, address and registration number of the primary supplier who originally supplied the batch of gasoline-like blendstock, the name and address of the seller or provider of the batch, the date of purchase or transfer of ownership of the batch and the volume of the batch.

• (4) Effective July 1, 1999, a person who has purchased or received a batch of gasoline-like blendstock may sell or transfer ownership of the batch on condition that the person, before the sale or transfer of ownership, makes a record of the name and address of the person who purchases or receives the batch, the date of sale or transfer of ownership of the batch and the volume of the batch.

• (5) Effective July 1, 1999, no person shall, in respect of gasoline-like blendstock,

  • (a) sell it or offer it for sale

    • (i) represented as complying gasoline, or

    • (ii) for use in a spark ignition engine; or

  • (b) dispense it for use in a spark ignition engine.