Benzene in Gasoline Regulations (SOR/97-493)
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Regulations are current to 2024-04-01 and last amended on 2018-02-02. Previous Versions
PART 2Option for a Yearly Pool Average
Application
14 (1) Subject to subsection (2), this Part, except for subsections 16(2) to (7), applies only to primary suppliers who elect under section 15 to meet the requirements of these Regulations on the basis of a yearly pool average, and only in respect of the facility or province of importation for which the election has been made, for
(a) benzene;
(b) the benzene emissions number; or
(c) both benzene and the benzene emissions number.
(2) The requirements of sections 17 to 22 with respect to the benzene emissions number or a model parameter other than benzene do not apply to a primary supplier who has elected under section 15 to meet only the requirements for benzene referred to in paragraph (1)(a).
- SOR/99-204, s. 7
Election — Yearly Pool Average
15 (1) A primary supplier may elect to meet the requirements of these Regulations on the basis of the yearly pool average for
(a) benzene instead of the limit specified in subsection 3(1);
(b) the benzene emissions number instead of the limits specified in section 4; or
(c) benzene and the benzene emissions number instead of the limits specified in subsection 3(1) and section 4, respectively.
(1.1) A primary supplier who elects under subsection (1) must notify the Minister at least 60 days before the beginning of the first year for which the basis will be a yearly pool average.
(2) A primary supplier may cancel the election by notifying the Minister any time prior to 60 days before the beginning of the first year for which the basis will not be a yearly pool average.
(3) The Minister may revoke the election of a primary supplier who is convicted of an offence under the Act in respect of these Regulations.
- SOR/99-204, s. 8
- SOR/2003-318, s. 9
- SOR/2018-11, s. 10
Prohibition and Temporary Alternative Limits for Benzene and the Benzene Emissions Number
- SOR/99-204, s. 9
16 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for benzene on the basis of a yearly pool average shall supply gasoline that contains benzene at a concentration that exceeds 1.5% by volume or at a yearly pool average concentration, determined in accordance with section 18, that exceeds 0.95% by volume.
(2) Despite subsections (1) and 3(1) and sections 4 and 17, a primary supplier may apply to the Minister to be temporarily subject to limits, established from laboratory and volumetric data for gasoline supplied by the primary supplier during 1994, 1995 or 1996, alternative to those specified in subsection (1) or 3(1) or section 4 or 17, for
(a) the limits for the yearly pool average, volumetrically weighted to account for the different requirements for gasoline supplied during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f) and gasoline supplied during the remainder of the year; and
(b) the limits other than those for the yearly pool average.
(3) An application under subsection (2) shall be submitted to the Minister, by registered mail or courier, before June 4, 1999, and shall contain
(a) the name and address of the primary supplier and the location of the refinery or blending facility or, in the case of an importer, the province of importation, for which the primary supplier is unable to meet the requirements of subsection (1) or 3(1) by July 1, 1999;
(b) a geographic description of the area where gasoline supplied from the refinery or blending facility or by the importer is sold to the consumer;
(c) the limits proposed under subsection (2);
(d) laboratory and volumetric data on each model parameter, measured using the methods described in section 5 or 6, for gasoline supplied by the primary supplier during one of the years 1994, 1995 and 1996;
(e) written evidence that all laboratory and volumetric data provided have been verified by an auditor;
(f) a date, not later than December 31, 1999, until which the primary supplier proposes to use temporary alternative limits;
(g) a detailed explanation of why the primary supplier is unable to meet the requirements of subsection (1) by July 1, 1999, including reasons beyond its control;
(h) the reasons why the area described in paragraph (b) and the date referred to in paragraph (f) are proposed;
(i) a detailed explanation with supporting documentation of the reasons referred to in paragraph (4)(b); and
(j) if a primary supplier has elected to meet a requirement on the basis of a yearly pool average, an update of the compliance plan required under section 21, taking into account the requirements of subsections (5) to (7) and despite the deadline specified in subsection 21(3).
(4) The Minister shall authorize the primary supplier to use the temporary alternative limits under subsection (2) only if
(a) the primary supplier has made all reasonable efforts to meet the requirements of subsection (1) or 3(1) by July 1, 1999;
(b) the non-authorization of temporary alternative limits would
(i) have a significant effect on the supply of gasoline or other petroleum products in the area identified under paragraph (3)(b),
(ii) require the primary supplier to significantly curtail operations or cease operating for a period of time and thereby result in financial hardship, or
(iii) result in the primary supplier going out of business;
(c) the temporary alternative limits are representative of or superior to the quality of gasoline supplied by the primary supplier during 1994, 1995 or 1996; and
(d) the reasons provided under paragraph (3)(h) are well-founded.
(5) The primary supplier may use the temporary alternative limits under subsection (2) for the refinery, blending facility or province of importation identified under paragraph (3)(a)
(a) during the period beginning on July 1, 1999 and ending on December 31, 1999, for the limits referred to in paragraph (2)(a); and
(b) during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f), for the limits referred to in paragraph (2)(b).
(6) A primary supplier who is subject to temporary alternative limits and who, during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f), supplies a batch from a refinery or blending facility identified under paragraph (3)(a) or imports a batch into the province identified under that paragraph, must report to the Minister, in writing, by February 14, 2000, in respect of each batch,
(a) the values of the model parameters;
(b) the benzene emissions number;
(c) the volume and grade; and
(d) the date or dates on which the batch was dispatched or imported.
(7) A primary supplier that uses temporary alternative limits under subsection (2) must meet the limits specified in subsection (1) or 3(1) and section 4 or 17
(a) effective January 1, 2000, for the limits on the yearly pool average; and
(b) after the date established under paragraph (3)(f), for all other limits.
- SOR/99-204, s. 10
Benzene Emissions Number — Prohibition and Alternative Limits
17 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for the benzene emissions number on the basis of a yearly pool average shall supply
(a) a batch during the summer that has a benzene emissions number exceeding 102;
(b) a batch during the winter that has a benzene emissions number exceeding 132; or
(c) gasoline if the yearly pool average for the benzene emissions number, determined in accordance with section 18, exceeds 59.5.
(2) Despite subsection (1), a primary supplier may elect to be subject to limits alternative to those specified in that subsection if the primary supplier submits to the Minister, by registered mail or courier, before December 1, 1998,
(a) laboratory and volumetric data on each model parameter, measured using the methods described in section 5 or 6, for gasoline supplied by the primary supplier during one of the years 1994, 1995 and 1996;
(b) alternative limits for one or more of the limits specified in subsection (1) established in accordance with subsection (3); and
(c) written evidence that all laboratory and volumetric data and the alternative limits provided have been verified by an auditor.
(3) The primary supplier must establish the alternative limits from the laboratory and volumetric data submitted under paragraph (2)(a), adjusted to reflect the compositional requirements of these Regulations for benzene, by using one of the following methods:
(a) if values for the model parameters exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by
(i) if the concentration of benzene for a batch exceeds 1.5% by volume, setting the value used for the concentration of benzene for that batch to 1.5% by volume,
(ii) once the adjustment required by subparagraph (i) has been made for all batches, calculating the benzene emissions number for each batch,
(iii) separately calculating for the summer and for the winter the 95th percentile of the benzene emissions numbers calculated in accordance with subparagraph (ii), and using the obtained values as limits alternative to those specified in paragraphs (1)(a) and (b), respectively, for the purposes of paragraph (2)(b),
(iv) setting the value used for the concentration for benzene for each batch to 0.95% by volume,
(v) once the adjustment required by subparagraph (iv) has been made for all batches, calculating the benzene emissions number for each batch, and
(vi) calculating the primary supplier’s limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the individual benzene emissions numbers calculated under subparagraph (v), and using that value for the purposes of paragraph (2)(b); and
(b) if values for the model parameters do not exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by
(i) calculating the average, on a volume-weighted basis, of each of the model parameters for both the summer and the winter of the applicable year,
(ii) setting the values used for the summer and winter averages for benzene to 0.95% by volume,
(iii) calculating the average summer benzene emissions number and the average winter benzene emissions number using the summer average and winter average of each model parameter, respectively, adjusted in accordance with subparagraph (ii),
(iv) calculating the limits alternative to those specified in paragraphs (1)(a) and (b) by multiplying by 2 the average summer benzene emissions number and the average winter benzene emissions number, respectively, calculated in accordance with subparagraph (iii), and using those alternative limits for the purposes of paragraph (2)(b), and
(v) calculating the limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the average summer benzene emissions number and the average winter benzene emissions number, calculated in accordance with subparagraph (iii), and using that value for the purposes of paragraph (2)(b).
(4) The primary supplier may use the alternative limits provided under paragraph (2)(b) instead of the limits specified in subsection (1) on condition that the Minister determines that the laboratory and volumetric data provided under paragraph (2)(a) are representative of gasoline supplied by the primary supplier during the applicable year.
(5) A primary supplier who has elected under subsection (2) to be subject to alternative limits may rescind that election by notifying the Minister in writing to that effect, and thereafter the primary supplier is subject to the limits specified in subsection (1).
Calculating a Yearly Pool Average
18 (1) Effective July 1, 1999 and subject to subsections (2) to (6), every primary supplier must calculate, for the purposes of sections 16 and 17, separate yearly pool averages for
(a) the gasoline manufactured in each of its refineries;
(b) the gasoline blended in each of its blending facilities; and
(c) imported gasoline, on the basis of province of importation.
(2) To calculate its yearly pool average, a primary supplier must
(a) include all batches that it supplied during the year that were identified under subsection 9(1) or (2) as complying gasoline or northern winter complying gasoline; and
(b) exclude
(i) all batches that it supplied during the year that were identified under subsection 9(1) as a type of gasoline other than complying gasoline or northern winter complying gasoline,
(ii) all batches that were exported by the primary supplier or by an agent or affiliate of the primary supplier, and
(iii) all batches of complying gasoline that the primary supplier obtained from another person.
(3) If a batch is imported and delivered to a refinery or a blending facility, the primary supplier may use a combined yearly pool average for the refinery or blending facility and the imported gasoline if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.
(4) If a primary supplier imports, or dispatches from its refinery, a batch of gasoline-like blendstock to a blending facility where it is subsequently blended resulting in complying gasoline, the primary supplier may use a combined yearly pool average for the blending facility and the refinery, or in the case of an importer, the blending facility and its applicable provincial yearly pool average, if
(a) the primary supplier owns the batch of gasoline-like blendstock;
(b) the batch of gasoline-like blendstock is segregated from all other batches of gasoline stored at the blending facility; and
(c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.
(5) If a primary supplier imports, or dispatches from its refinery, a batch of complying gasoline that is subsequently mixed with a commercially pure oxygenate or commercially pure butane in a facility, including a mobile facility, the primary supplier may adjust the model parameters of the batch to reflect the addition of the commercially pure oxygenate or the commercially pure butane that is mixed with the batch and may use the adjusted model parameters, instead of the measured model parameters, in calculating the yearly pool average for its refinery, or in the case of an importer, its applicable provincial yearly pool average, if
(a) the primary supplier owns the batch of complying gasoline;
(b) the primary supplier’s refinery or source of importation is the facility’s sole source of gasoline, unless the facility is mobile; and
(c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.
(6) For the purpose of calculating a yearly pool average, a primary supplier may combine several yearly pool averages calculated under subsection (1) if
(a) the combined yearly pool average represents an annual volume of gasoline of not more than 12 000 m3;
(b) the refineries, blending facilities and points of importation are all located in the same province; and
(c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.
- SOR/99-204, s. 11
- SOR/2003-318, s. 10
Procedures for Sampling and Analysis
19 (1) Effective July 1, 1999 and subject to subsections (2) and (3), every primary supplier must take a sample from each batch supplied by the primary supplier using a method specified in subsection 5(1) or 6(1).
(2) If a primary supplier receives gasoline for one or more cargo tankers or railway cars from a single batch at a storage facility and the batch is not blended, mixed with other gasoline or otherwise modified during the period in which the cargo tankers or railway cars receive gasoline from the storage facility, the primary supplier may take a sample from the batch instead of taking samples from each of the cargo tankers or railway cars if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the sample represents the gasoline in the cargo tankers or railway cars.
(3) If a primary supplier imports, or dispatches from its refinery, to a blending facility gasoline-like blendstock for the purpose of manufacturing complying gasoline by blending with a commercially pure oxygenate or commercially pure butane, the primary supplier may take a sample of the gasoline-like blendstock instead of taking a sample from the resulting gasoline if the primary supplier
(a) is using a combined yearly pool average for the facilities under subsection 18(4);
(b) analyses each sample in accordance with subsection (4);
(c) analyses or calculates the effect of blending the gasoline-like blendstock with the commercially pure oxygenate or commercially pure butane on the model parameters of the sample of gasoline-like blendstock analysed under subsection (4);
(d) computes the model parameters of the resulting gasoline according to the effect calculated under paragraph (c) on the model parameters of the gasoline-like blendstock analysed under paragraph (b);
(e) maintains a record of
(i) the values of the model parameters of the gasoline-like blendstock,
(ii) the volumes of the commercially pure oxygenate and commercially pure butane added to the gasoline-like blendstock,
(iii) the volumes of the gasoline-like blendstock and the resulting gasoline,
(iv) the calculations performed under paragraph (c), and
(v) the model parameters computed under paragraph (d); and
(f) reports the volume of the resulting gasoline and the adjusted model parameters and adjusted benzene emissions number in the report required by section 8.
(4) Effective July 1, 1999, for each batch supplied by a primary supplier, the primary supplier must
(a) for each sample taken in accordance with this section,
(i) analyse the sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the benzene emissions number, or
(ii) subject to subsection (5), combine it with other samples, thoroughly mix the composite sample, analyse the composite sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the composite value of the benzene emissions number; or
(b) obtain records of analysis, as described in subsection 8(3), for each of the model parameters and calculate the benzene emissions number.
(5) Samples may only be combined under subparagraph (4)(a)(ii) if
(a) the samples are the same grade of gasoline;
(b) the samples are either summer or winter gasoline but not both;
(c) the samples are mixed in the proportion of the volumes of the batches;
(d) the primary supplier chooses whichever of the following compositions that, when combined, requires the most frequent analysis, namely,
(i) the composition that represents all the batches supplied by the primary supplier for a continuous period of up to 30 days, or
(ii) the composition that represents batches supplied by the primary supplier that have a combined volume of up to 1 000 m3; and
(e) the samples are collected, handled and stored in a manner that minimizes changes in gasoline composition of the sample.
(6) Effective January 1, 2002, a primary supplier may use a statistical quality assurance program to replace the requirements of paragraph (4)(a) for a model parameter if
(a) a report is sent to the Minister at least 60 days before the use of the statistical quality assurance program, containing
(i) a description of the statistical quality assurance program,
(ii) laboratory and volumetric data on the model parameter of the gasoline supplied by the primary supplier for the previous two years, and
(iii) an analysis of the results of the statistical quality assurance program compared to the results obtained under paragraph (4)(a) for the two years referred to in subparagraph (ii); and
(b) the analysis required by subparagraph (a)(iii) demonstrates that the statistical quality assurance program, for the range of values of the model parameter for individual batches and the value of the yearly pool average,
(i) provides equivalent results compared to the results obtained under paragraph (4)(a), or
(ii) projects a higher concentration of benzene and a higher value for the benzene emissions number compared to that obtained under paragraph (4)(a).
(7) No primary supplier shall continue to use the statistical quality assurance program referred to in subsection (6) if
(a) the mix of crude oil used to manufacture the gasoline is changed in a way that would result in the requirements of paragraph (6)(b) not being met;
(b) any equipment is installed or modified at the refinery or blending facility that would result in the requirements of paragraph (6)(b) not being met; or
(c) the primary supplier is convicted of an offence under the Act in respect of these Regulations.
(8) Effective July 1, 1999, every primary supplier must retain in Canada
(a) any sample collected for the purposes of these Regulations until whichever of the following dates the primary supplier chooses, namely,
(i) the 30th day after the date on which the sample was analysed, or
(ii) the date on which the primary supplier has sampled and supplied 20 batches after the sample was analysed; and
(b) at least 1.7 L of the sample so that analysis for each model parameter can be performed by the Minister.
- SOR/2003-318, s. 11
- SOR/2004-252, s. 4(F)
- SOR/2011-41, s. 1
- SOR/2018-11, s. 11
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