Order Adding a Substance to the
List of Toxic Substances in Schedule I to the Canadian
Environmental Protection Act
(SOR/97-492,
OIC 1997-1620); Benzene in Gasoline Regulations, 1997
(SOR/97-493,
OIC 1997-1621)
The Order adds Benzene to
the List of Toxic Substances in Schedule I to the
Canadian Environmental Protection Act, effective November
6, 1997. Benzene has been found to cause cancer in
laboratory animals and in humans, and is considered to be
a "non-threshold toxicant"; i.e., a substance for which
there is some chance of adverse effects at any level of
exposure.
In parallel, the regulations
introduce a freeze on the Benzene Emissions Number (BEN)
and caps on the levels of benzene in gasoline, in order
to reduce releases of benzene, a known human carcinogen,
from gasoline-powered vehicles by improving the
environmental performance of Canadian gasoline.
More specifically, the
proposed regulations would limit benzene in gasoline to
1% by volume with the option for primary suppliers to
meet a 0.95% by volume yearly pool average with a
never-to-be-exceeded cap of 1.5% by volume.
The Regulations prohibit
"primary suppliers" from supplying gasoline with benzene
levels or a Benzene Emissions Number exceeding the limits
set out in the Regulations. The compliance date for
benzene and the benzene emissions number is July 1, 1999
-- somewhat delayed as a result of industry concerns that
it needed almost two years to plan and implement changes
to facilities for the benzene restrictions.
"Primary suppliers" are
defined as produces, importers or blenders of gasoline in
Canada. Primary suppliers may elect to either meet the
limits for each batch of gasoline or to opt for a lower
yearly pool average for either benzene or BEN.
Primary suppliers that elect
to meet the compositional requirements of the Regulations
on the basis of a yearly pool average are subject to more
extensive administrative requirements. These additional
requirements include providing the Minister with a
compliance plan, more detailed records on the composition
of the gasoline supplied, and engaging an independent
person to audit records and procedures. These features
arc required in order to enforce the yearly pool average.
The Regulations do not apply
to gasoline supplied for export, in transit through
Canada, or for use in aircraft, scientific research or a
sanctioned competitive event. Furthermore, reformulated
gasoline produced in the United States under EPA or
California regulations can be imported into Canada
without further processing or testing. Oxygenates or
butane can be added to gasoline that meets the
compositional requirements of the regulation without
further testing. (The addition of oxygenates and butane
tends to reduce emissions of benzene by dilution.)
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Canadian Environmental
Protection Act, sections 34 and 87 and subsection
33(1)
EC/96-9-M
To be published in Canada
Gazette November 26, 1997
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The Regulations require all
primary suppliers to submit the information outlined in
schedule 11 (Registration Form) to the Minister of the
Environment by November 1, 1998. Every primary supplier
is required to submit to the Minister the infommation set
out in schedule 111 (Report Form) for each calendar
quarter during which gasoline is supplied. In 2003 and
thereafter, primary suppliers are required to submit this
report only once per year. Finally, the Regulations
prohibit the sale or the offer of sale of gasoline that
contains benzene at concentrations exceedingly percent by
volume. The compliance date in this regard is October 1,
1999.
The compliance date for sale
is three months after the compliance date for supply to
allow pre-regulation gasoline to make its way through the
distribution system. Due to the special gasoline turnover
circumstances in remote northerly locations, the final
regulations were changed to allow a longer turnover
period in the north (12 months in remote northern sites).
Most sections of the
regulations come into effect july 1, 1999.
- Contacts: Ross White,
Oil, Gas and Energy Division, Air Pollution Prevention
Directorate, Environment Canada, Hull, Quebec, K1A
0H3. Tel: 819-953-1120; Fax: 819-953-8903. Arthur
Sheffield, Regulatory and Economic Assessment Branch,
Regulatory Affairs and Program, Integration
Directorate, Environment Canada, Hull, Quebec, K1A
0H3. Tel: 819-953-1172.
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