Guidance document on Benzene in Gasoline Regulations: chapter 1

Outline of the federal Benzene in Gasoline Regulations

Section 1: Interpretation

This section provides the definitions that are used in the regulations. Some of the more important definitions are "gasoline", "supply", "primary supplier", "blend" and "batch".

Section 2: Application

This section defines types of gasoline which do not have to meet the compositional requirements of the regulations. For each type of gasoline, the sections that do apply are specified.

Part 1 - Requirements Pertaining to Benzene in Gasoline

Note: Part 1 applies to all primary suppliers and all sellers of gasoline.

Section 3: Benzene -- Prohibition

This section specifies the maximum levels of benzene in gasoline, both for gasoline supplied and gasoline sold. (A primary supplier may instead elect to meet the requirement for benzene on the basis of a yearly pool average -- refer to section 15.)

Section 4: Benzene Emissions Number -- Prohibition

The benzene emissions number is defined by a set of equations that relate gasoline properties to benzene emissions from a "typical" 1990 automobile. The benzene emissions number is calculated in accordance with Schedule 1.

This section specifies the acceptable seasonal levels of the benzene emissions number in gasoline supplied. (A primary supplier may instead elect to meet the requirement for the benzene emissions number on the basis of a yearly pool average -- refer to section 15.)

Section 5: Reference Methods for Sampling and Analysis

This section specifies the methods for sampling and analysis that will be used to determine compliance with the compositional requirements of the regulations.

Section 6: Equivalent Methods for Sampling and Analysis

This section contains provisions which allow, for the purposes of records and reports, alternative methods to be used. Such alternative methods must be "equivalent" to the applicable reference method.

Section 7: Registration

All primary suppliers must register with Environment Canada. This is done by the primary supplier submitting the Registration Form to Environment Canada (refer to Schedule 2).

Section 8: Report

All primary suppliers must submit a report to Environment Canada on their gasoline composition (refer to Schedule 3). This report must be submitted once per quarter until 2003 and once per year thereafter.

Section 9: Records

This section specifies how primary suppliers identify the types of gasoline supplied and the records required for each type.

Section 10: Retention of Records

This section specifies how long the records referred to in the regulations are to be kept.

Section 11: Submission of Samples and Records

This section requires that primary supplier or seller of gasoline provide Environment Canada, upon request, with their records and samples of their gasoline.

Section 12: Additional Requirements for Importers

This section specifies notification and record keeping requirements for importers of gasoline.

Section 13: Gasoline-like Blendstock -- Records and Requirements

This section specifies the requirements for all gasoline identified by the primary supplier as "gasoline-like blendstock" (i.e., gasoline that meets the definition of gasoline but is intended to be further blended downstream of the refinery, blending facility or point of importation).

Part 2 -- Option for a Yearly Pool Average

Note: Part 2 only applies to those primary suppliers that elect under section 15 to meet the requirements for benzene or the benzene emissions number on the basis of a yearly pool average.

Section 14: Application

This section specifies how and to whom Part 2 is to be applied.

Section 15: Election -- Yearly Pool Average

This section provides primary suppliers the option of meeting limits for benzene and the benzene emissions number on the basis of a yearly pool average and the associated never-to-be-exceeded caps (instead of the per-litre limits specified in Part 1).

Section 16: Benzene -- Prohibition

This section allows a primary supplier to use an alternative averaging calculation method during the period from July 1, 2002 to December 31, 2004. The alternative method allows the primary supplier to compute its pool average over the first 2½ years instead of each year of those 2½ years.

Section 17: Benzene Emissions Number -- Prohibition and Alternative Limits

This section specifies the maximum levels of the benzene emissions number on the basis of a yearly pool average and the associated seasonal never-to-be-exceeded caps. These limits apply to those primary suppliers who have elected to meet average limits, instead of the per-litre limit specified in section 4.

This section also allows primary suppliers to meet limits for the yearly pool average of the benzene emissions number based on historical data of a facility or import pool.

Section 18: Calculating a Yearly Pool Average

This section specifies how a yearly pool average is to be calculated. It also sets out how a primary supplier may combine two or more of its facilities or import pools.

Section 19: Procedures for Sampling and Analysis

This section specifies how samples are to be taken and analyzed, and how long samples are to be kept. It also, under certain conditions, allows for analyzing composite samples and the use of a "statistical quality assurance program".

Section 20: Record of Composition

This section specifies what information on the composition of gasoline must be recorded.

Section 21: Compliance Plan

This section specifies the requirements for a compliance plan that must be submitted to Environment Canada. This plan must describe how the primary supplier will demonstrate that the yearly pool average will be met.

Section 22: Audit

This section requires that an annual third-party audit be done by all primary suppliers who have elected to meet a requirement on the basis of a yearly pool average. The qualifications of the auditor are set out in Section 1.

Part 3 -- Amendment to Schedule 1 to the Act (Section 23)

This section adds the Benzene in Gasoline Regulations to Schedule 1 of the Canadian Environmental Protection Act. It does not in itself impose any requirements.

Part 4 -- Coming into Force (Section 24)

The regulations came into force when they were registered (i.e., November 6, 1997), however all relevant sections in the regulations specify dates upon which they become effective.

Schedules

Schedule 1: Model for Calculating Benzene Emissions Numbers

This schedule provides the equations, adjustments and constraints that are used in calculating the benzene emissions number. These are based on the Phase 2 equations of the Complex Model for benzene exhaust and non-exhaust emissions from vehicles, as used in the northern half of the U.S.

Schedule 2: Registration Form

This schedule provides a description of the information that a primary supplier must provide to register with Environment Canada.

Schedule 3: Report on Composition of Gasoline

This schedule provides a description of the information that a primary supplier must provide in reporting its gasoline composition to Environment Canada.