AIR POLLUTION - DISCHARGE OF SULPHUR DIOXIDE FROM PETROLEUM FACILITIES, O. Reg. 89/22

• Jurisdiction: Ontario

ontario regulation 89/22

made under the

Environmental Protection Act

Made: February 24, 2022
Filed: February 25, 2022
Published on e-Laws: February 25, 2022
Printed in The Ontario Gazette: March 12, 2022

Amending O. Reg. 530/18

(AIR POLLUTION - DISCHARGE OF SULPHUR DIOXIDE FROM PETROLEUM FACILITIES)

1. The title to Ontario Regulation 530/18 is amended by adding “Before 2029” at the end.

2. Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“IOL-Nanticoke facility” means the petroleum refining facility located in Haldimand County that, on January 1, 2022, was owned by Imperial Oil Limited; (“installation de la CPIL de Nanticoke”)

“IOL-Sarnia facility” means the petroleum refining and petrochemical facility located in the City of Sarnia that, on January 1, 2022, was owned by Imperial Oil Limited; (“installation de la CPIL de Sarnia”)

. . . . .

“PCLI facility” means the lubricants production facility located in the City of Mississauga that, on January 1, 2022, was owned by Petro-Canada Lubricants Inc.; (“installation de LPCI”)

. . . . .

“Shell facility” means the petroleum refining facility located in the Township of St. Clair that, on January 1, 2022, was operated by Shell Canada Limited on behalf of Shell Canada Products; (“installation de Shell”)

. . . . .

“Suncor facility” means the petroleum refining facility located in the City of Sarnia that, on January 1, 2022, was owned by Suncor Energy Inc. (“installation de Suncor”)

3. Section 3 of the Regulation is revoked and the following substituted:

Application

3. (1) This Regulation applies to the following facilities:

1. The IOL-Nanticoke facility.

2. The IOL-Sarnia facility.

3. The PCLI facility.

4. The Shell facility.

5. The Suncor facility.

(2) Despite subsection (1), this Regulation does not apply to the PCLI facility before July 1, 2024.

(3) If a petroleum facility is located on a property that is, with one or more adjacent properties, part of a deemed single property under section 4 of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act, the facilities located within the deemed single property are deemed to be a single petroleum facility for the purposes of this Regulation.

4. Section 4 of the Regulation is revoked.

5. (1) Subsections 5 (1) to (4) of the Regulation are revoked.

(2) Subsection 5 (5) of the Regulation is amended by striking out “subsection (3) or clause (4) (a)” and substituting “subsection (3) or clause (4) (a), as they read immediately before they were revoked”.

(3) Subsection 5 (6) of the Regulation is amended by striking out “clause (4) (b)” and substituting “clause (4) (b), as it read immediately before it was revoked”.

(4) Subsection 5 (8) of the Regulation is revoked and the following substituted:

(8) On and after July 1, 2024,

(a) the estimates required under paragraphs 2 and 3 of subsection (7) shall be determined based on the measurements required under section 22 of Ontario Regulation 88/22 (Air Pollution - Discharge of Sulphur Dioxide From Petroleum Facilities); and

(b) an estimate under paragraph 2 of subsection (7) is not required in respect of a piece of acid gas combustion equipment if the approved continuous monitoring plan within the meaning of Ontario Regulation 88/22 for the petroleum facility indicates that the concentration of sulphur dioxide discharged into the air from the piece of equipment will be measured.

6. (1) Subsections 6 (1) to (3) of the Regulation are revoked.

(2) Subsection 6 (4) of the Regulation is revoked and the following substituted:

(4) A person who discharges or causes or permits the discharge of sulphur dioxide from a petroleum facility shall ensure that the amount of sulphur dioxide calculated in accordance with paragraph 2 of subsection (3), as that paragraph read immediately before it was revoked, is made available for examination by any person, without charge,

(a) by posting it on a website of the facility, within 60 days of the amount being calculated, for a period of five years following the day the amount was posted; and

(b) by making it available during regular business hours at the facility to which the amount relates.

(3) Subsection 6 (6) of the Regulation is revoked and the following substituted:

(6) The person referred to in subsection (4)...