Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) (SOR/2020-231)

Marginal note:Equipment components exempt from certain inspections

36 The annual report must indicate

• (a) the number of each of the types of pumps set out in items 4 and 5 of Schedule 1 that were exempt from the inspections required by subsections 6(1) and (2) because they met the criteria described in paragraph 6(3)(a); and

• (b) the number of each of the types of equipment components set out in Schedule 1 that were exempt from the inspections required by subsections 6(1) and (2) because they were designated in the inventory under paragraph 4(2)(e) as “unsafe to inspect”.

Marginal note:Reasons for no inspection

37 The annual report must indicate the identification number of each equipment component listed in the inventory that was not inspected in accordance with subsection 6(1) or (2), as applicable, and the reasons why it was not inspected in accordance with the applicable subsection.

Marginal note:Reasons for no inspection before repair

38 The annual report must indicate, with respect to each equipment component that was not inspected before it was repaired because an authorized official determined, under subsection 8(5), that it could not be inspected without exposing any individual to immediate danger, the identification number of the component and the reasons for that determination.

Marginal note:Significant leak not repaired within 15 days

39 The annual report must contain, with respect to each equipment component that was not repaired within 15 days after the day on which a significant leak was detected in the component, the following information:

• (a) the identification number of the component;

• (b) the day on which the leak was detected;

• (c) an indication of whether the component was flagged for repair under paragraph 8(6)(a) or (b) or not flagged for repair at all;

• (d) the reasons why the component could not be repaired within that period and a description of the attempt made in accordance with subsection 8(1) to repair it within that period; and

• (e) if the component was repaired, the day on which the repair was completed.

Marginal note:Estimated VOC releases by type of component

• 40 (1) The annual report must indicate, with respect to the equipment components that are listed in the inventory referred to in paragraph 3(2)(a) and that are set out by type in Schedule 1, the estimated total quantity of VOCs — expressed in kilograms — that is released by each type of equipment component during the calendar year that is the subject of the report. The quantity is to be calculated in accordance with the instructions set out in Schedule 3.

• Marginal note:Estimated VOC releases by all components

  (2) The annual report must indicate the estimated total quantity of VOCs — expressed in kilograms — that is released during the calendar year that is the subject of the report by the equipment components of all types, which is to be calculated by adding together the estimated total quantity of VOCs released that year by each type of component referred to in subsection (1).

Marginal note:Monitoring data — standard or modified fenceline monitoring program

41 If the facility maintained a standard or modified fenceline monitoring program during the calendar year that is the subject of the annual report, that report must contain the following information in respect of the program:

• (a) an indication of any changes made to the fenceline or the number of sampling tubes or their location at the fenceline;

• (b) a description of the analysis that formed the basis for those changes, including the method used, the factors taken into account and the calculations, if any, carried out in the course of the analysis;

• (c) for each sampling period, the concentration, at each sampling location, of each substance set out in Schedule 2, together with the concentration of each of those substances in each field blank and duplicate sample; and

• (d) the annual average concentration, at each sampling location, of each substance set out in Schedule 2, calculated using the methodology set out in sections 12.0 and 12.1 of EPA Method 325A.

Marginal note:Auditor’s report to be submitted in 2024

• 42 (1) The operator of a facility must, on or before June 30, 2024, submit to the Minister a report prepared by an auditor that assesses the operator’s compliance with these Regulations in respect of the facility during the preceding two calendar years.

• Marginal note:Auditor’s report beginning in 2028

  (2) The operator of a facility must, on or before June 30 of every fourth year, beginning in 2028, submit to the Minister a report prepared by an auditor that assesses the operator’s compliance with these Regulations in respect of the facility during the preceding four calendar years.

• Marginal note:Contents

  (3) The auditor’s report must contain the following information:

  • (a) the auditor’s name, civic and postal addresses, telephone number and email address and a description of their qualifications;

  • (b) their assessment of whether the operator’s equipment, procedures and records are appropriate to ensure the operator’s compliance with

    • (i) the leak detection and repair requirements set out in sections 3 to 10,

    • (ii) the requirements for certain equipment components set out in sections 11 to 16,

    • (iii) the fenceline monitoring requirements set out in sections 17 to 28, and

    • (iv) the reporting requirements set out in sections 29 to 45;

  • (c) details of how they made the assessment required by paragraph (b);

  • (d) if, in the auditor’s opinion, the operator of the facility was in compliance with these Regulations in respect of the facility, a statement to that effect;

  • (e) if, in the auditor’s opinion, the operator of the facility failed to comply with any requirements of these Regulations in respect of the facility, an indication of those requirements; and

  • (f) a statement by the auditor that they are independent of the operator of the facility that is the subject of the audit and have no conflict of interest with the operator or any contractor who carries out any activity required by these Regulations on behalf of the operator.

• Marginal note:Signature

  (4) The auditor’s report must be signed by a licensed member of an engineering or scientific professional organization who is

  • (a) if the auditor is an individual, the auditor; or

  • (b) if the auditor is a firm, a duly authorized representative of that firm.

Marginal note:Corrective action plan

43 If the auditor’s report referred to in subsection 42(1) or (2), as applicable, identifies any requirements of these Regulations with which the operator failed to comply in respect of the facility, the operator must submit to the Minister, together with that report, a corrective action plan that sets out the measures that the operator has already taken or plans to take in order to meet those requirements.

Marginal note:Independent auditor with no conflict of interest

• 44 (1) The audit must be conducted by an individual or a firm that

  • (a) is independent of the operator of the facility that is the subject of the audit; and

  • (b) has no conflict of interest with the operator or any contractor who carries out any activity required by these Regulations on behalf of the operator.

• Marginal note:Qualifications of auditing individual

  (2) If the audit is conducted by an individual, including an individual who is a member of a firm, the individual must

  • (a) be a licensed member of an engineering or scientific professional organization;

  • (b) have technical expertise in leak detection and repair;

  • (c) have technical expertise in fenceline monitoring;

  • (d) have completed the training specified in subsection 7(1); and

  • (e) be certified by the International Register of Certificated Auditors, or by any other nationally or internationally recognized accreditation organization, for the purposes of carrying out assessments in accordance with the International Organization for Standardization standard ISO 14001 entitled Environmental Management Systems.

• Marginal note:Qualifications of auditing members of a firm

  (3) If the audit is conducted by two or more individuals who are members of a firm, each requirement set out in subsection (2) must be met by at least one of those individuals.

Marginal note:Format of applications, reports and plans

• 45 (1) An application made under these Regulations and a report or plan required by these Regulations must be submitted electronically in the format specified by the Minister and must bear the electronic signature of an authorized official.

• Marginal note:Non-electronic format for reports and plans

  (2) If the Minister has not specified an electronic format, or if it is impractical to submit the application, report or plan electronically in accordance with subsection (1) because of circumstances beyond the operator’s control, the application, report or plan must be submitted on paper in the form specified by the Minister and be signed by an authorized official. However, if no form has been specified, it may be in any form.

Related Amendment

46 [Amendments]

Coming into Force

Marginal note:December 1, 2020

• 47 (1) Subject to subsections (2) and (3), these Regulations come into force on December 1, 2020.

• Marginal note:January 1, 2022

  (2) Sections 3 to 10 come into force on January 1, 2022.

• Marginal note:January 1, 2023

  (3) Sections 11 to 16 come into force on January 1, 2023.