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

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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) shall ensure that, with respect to the calculations referred to in subsection (3), as it read immediately before it was revoked, a record of each calculation, including the date of the calculation and the amount calculated, is kept at the facility to which the record relates for a period of five years following the day on which it was created.

7. (1) Subsections 7 (1) to (7) of the Regulation are revoked.

(2) Subsection 7 (8) of the Regulation is revoked and the following substituted:

(8) If a sulphur recovery unit fails to operate in a normal manner, a person who discharges or causes or permits the discharge of sulphur dioxide from a petroleum facility shall, no later than one hour after the failure began and in each hour the failure continues, calculate the total amount of sulphur dioxide discharged in the preceding 24-hour period from all acid gas combustion equipment at the facility when the sulphur recovery unit failed to operate in a normal manner using the measurements required under section 22 of Ontario Regulation 88/22 (Air Pollution - Discharge of Sulphur Dioxide From Petroleum Facilities).

(3) Subsection 7 (8) of the Regulation, as remade by subsection (2), is revoked.

(4) Subsection 7 (9) of the Regulation is amended by striking out “subsection (1)” in the portion before clause (a) and substituting “subsection (8)”.

(5) Subsection 7 (9) of the Regulation, as amended by subsection (4), is amended by striking out the portion before clause (a) and substituting the following:

(9) 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 subsection (8), as it read immediately before it was revoked, is made available for examination by any person without charge,

. . . . .

(6) Subsection 7 (11) of the Regulation is revoked and the following substituted:

(11) The person referred to in subsection (8) shall ensure that a record of the following information is kept at the facility to which the record relates for a period of five years following the day on which it was created:

1. With respect to the measurements referred to in subparagraph 2 i of subsection (4) and the calculations and measured parameters referred to in subparagraph 3 v of subsection (4), as those provisions read immediately before they were revoked, a record of each measurement and calculation, including the date of the measurement or calculation and the amount measured or calculated.

2. Each action referred to under paragraph 1 of subsection (4), as that paragraph read immediately before it was revoked, including the time and date the action was taken.

(7) Subsection 7 (11) of the Regulation, as remade by subsection (6), is amended by striking out “subsection (8)” in the portion before paragraph 1 and substituting “subsection (8), as it read immediately before it was revoked,”.

8. (1) Sections 8 to 10 of the Regulation are revoked and the following substituted:

Fluidized catalytic cracking units, additives

8. (1) No person shall operate a fluidized catalytic cracking unit at the IOL-Nanticoke facility, the IOL-Sarnia facility or the Shell facility unless the following ratio is equal to or greater than the ratio determined under subsection (3):

A ÷ B

where,

  “A” is the amount of sulphur dioxide-reducing additives, in kilograms, added to the fluidized catalytic cracking unit in a calendar day, and

  “B” is the amount of fresh catalyst, in kilograms, added to the fluidized catalytic cracking unit in a calendar day.

(2) Despite subsection (1), if notice has been given under subsection 10 (2) in respect of an updated ratio, no person shall operate the fluidized catalytic cracking unit that is the subject of the notice unless the ratio set out in subsection (1) is equal to or greater than the ratio determined under subsection 10 (1) in respect of the unit.

(3) The ratio mentioned in subsection (1) shall be determined in respect of each fluidized catalytic cracking unit at the petroleum facility using the following method:

1. Determine the rate at which fresh catalyst is added to the fluidized catalytic cracking unit.

2. Estimate the concentration of sulphur dioxide discharged from the unit when no sulphur dioxide-reducing additives are added to the unit, expressed as parts per million by volume of sulphur dioxide, averaged over a 365-day period.

3. Determine the rate at which sulphur dioxide-reducing additives would need to be added to the unit to,

i. reduce the concentration estimated under paragraph 2 to 75 parts per million or less, or

ii. reduce the concentration estimated under paragraph 2 by,

A. 35 per cent, in respect of a fluidized catalytic cracking unit at the IOL-Nanticoke facility and the Shell facility, and

B. 95 per cent, in respect of a fluidized catalytic cracking unit at the IOL-Sarnia facility.

4. Calculate the following ratio:

A ÷ B

where,

“A” is the rate determined under paragraph 3 in respect of sulphur dioxide-reducing additives, and

“B” is the rate determined under paragraph 1, in respect of fresh catalyst.

(4) A rate determined under subsection (3) shall be expressed as kilograms per day.

(5) On the day this section comes into force, a person to whom subsection (1) applies shall notify the Director, in writing, of each ratio determined under paragraph 4 of subsection (3) and shall include in the notice, for each ratio,

(a) an indication of whether the ratio is based on the reduction set out in subparagraph 3 i or ii of subsection (3); and

(b) the calculations and any assumptions used to determine the ratio, including any measurements taken and any information relied upon from the supplier of the sulphur dioxide-reducing additives.

(6) A notice given under subsection (5) must be dated, signed and sealed by a licensed engineering practitioner and must set out the practitioner’s name and licence number, and the notice must be accompanied by a statement from the supplier of the sulphur dioxide-reducing additives indicating that the ratio determined under paragraph 4 of subsection (3) is sufficient to reduce the concentration of sulphur dioxide discharged from the fluidized catalytic cracking unit by the applicable amount set out in paragraph 3 of subsection (3).

(7) If a notice given under subsection (5) in respect of the IOL-Sarnia facility indicates that a ratio is based on the reduction set out in subparagraph 3 i of subsection (3), subsections (1) and (2) do not apply in respect of the fluidized catalytic cracking unit to which the ratio relates on and after July 1, 2024.

Additives report

9. (1) If section 8 applies in respect of a fluidized catalytic cracking unit at any time during a calendar year, the person who discharges or causes or permits the discharge of sulphur dioxide from the unit shall, no later than January 31 of the following year, submit a report to the Director that sets out the following information in respect of each day during the calendar year that section 8 applied to the unit:

1. The amount of sulphur dioxide-reducing additives, in kilograms, added to the fluidized catalytic cracking unit each day.

2. The amount of fresh catalyst, in kilograms, added to the fluidized catalytic cracking unit each day.

3. The following ratio in respect of each day section 8 applied to the unit:

A ÷ B

where,

“A” is the amount determined under paragraph 1 in respect of sulphur dioxide-reducing additives, and

“B” is the amount determined under paragraph 2, in respect of fresh catalyst.

(2) If section 8 applies in respect of more than one fluidized catalytic cracking unit at a petroleum facility, a single report may be submitted under subsection (1) if the report contains all the required information with respect to each unit.

(3) A report submitted under subsection (1) must be dated, signed and sealed by a licensed engineering practitioner and must set out the practitioner’s name and licence number.

Updated additives ratio

10. (1) If information in a report submitted under section 9 in respect of a fluidized catalytic cracking unit indicates that a ratio different than the ratio determined under paragraph 4 of subsection 8 (3) is required to achieve the reductions set out in paragraph 3 of subsection 8 (3), a person to whom subsection 8 (1) applies shall determine an updated ratio in respect of the fluidized catalytic cracking unit using the method set out in subsection 8 (3) with the information from the report.

(2) No later than 30 days after the report mentioned in subsection (1) is submitted, a person to whom subsection (1) applies shall notify the Director, in writing, of the updated ratio and shall provide the calculations and any assumptions used to determine the updated ratio, including any measurements taken and any information relied upon from the supplier of the sulphur dioxide-reducing additives.

(3) A notice given under subsection (2) must be dated, signed and sealed by a licensed engineering practitioner and must set out the practitioner’s name and licence number, and the notice must be accompanied by a statement from the supplier of the sulphur dioxide-reducing additives indicating that the updated ratio is sufficient to reduce the concentration of sulphur dioxide estimated under paragraph 2 of subsection 8 (3) by the applicable amount set out in paragraph 3 of subsection 8 (3).

(2) Subsection 8 (1) of the Regulation, as remade by subsection (1), is amended by striking out “the IOL-Nanticoke facility, the IOL-Sarnia facility or”.

(3) Subsection 9 (1) of the Regulation, as remade by subsection (1), is amended by adding the following paragraph:

4. The concentration of sulphur dioxide, in parts per million, discharged from the fluidized catalytic cracking unit.

(4) Subsection 9 (1) of the Regulation, as remade by subsection (1), is amended by adding the following paragraphs:

5. The rolling 365-day average of the concentrations determined under paragraph 4.

6. The percentage by which the concentration determined under paragraph 5 differs from the concentration estimated under paragraph 2 of subsection 8 (3).

Commencement

9. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Subsection 8 (1) comes into force on the day that is 60 days after the day this Regulation is filed.

(3) Section 4 comes into force on July 1, 2023.

(4) Subsection 5 (4), section 6, and subsections 7 (1), (2), (4), (6) and 8 (3) come into force on July 1, 2024.

(5) Subsection 8 (4) comes into force on July 1, 2025.

(6) Subsections 5 (1) to (3), 7 (3), (5), (7) and 8 (2) come into force on January 1, 2027.

 

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