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O. Reg. 335/24: GASOLINE VOLATILITY
filed August 30, 2024 under Environmental Protection Act, R.S.O. 1990, c. E.19
Skip to contentontario regulation 335/24
made under the
Environmental Protection Act
Made: August 29, 2024
Filed: August 30, 2024
Published on e-Laws: August 30, 2024
Published in The Ontario Gazette: September 14, 2024
Amending O. Reg. 271/91
(GASOLINE VOLATILITY)
1. Subsection 1 (1) of Ontario Regulation 271/91 is amended by adding the following definitions:
“bulk plant” means a gasoline distribution facility equipped with one or more storage tanks, but no floating roof storage tank, where gasoline is received and stored in bulk for subsequent shipment;
“terminal” means a gasoline distribution facility equipped with one or more floating roof storage tanks where gasoline is received and stored in bulk for subsequent shipment and includes a cargo tank truck loading facility at a petroleum refinery or petroleum processing plant;
2. Section 2 of the Regulation is revoked and the following substituted:
Summer Gasoline
2. (1) No person who owns or operates a bulk plant, service station or terminal shall cause or permit any motor gasoline to leave the bulk plant, service station or terminal in summer if the motor gasoline has a vapour pressure exceeding the volatility limit.
(2) With respect to motor gasoline that is transported to the North, subsection (1) applies,
(a) only in Northern summer; and
(b) with the Northern volatility limit instead of the volatility limit.
(3) A person who owns or operates a bulk plant or terminal and causes or permits motor gasoline to leave the bulk plant or terminal in summer shall comply with section 5 (Testing and Reporting).
(4) This section does not apply in respect of motor gasoline at a bulk plant, service station or terminal unless,
(a) the motor gasoline is provided to the bulk plant, service station or terminal directly from a refinery; or
(b) the motor gasoline is imported to the bulk plant, service station or terminal directly from outside of Ontario.
(5) For greater certainty, this section applies in respect of a bulk plant, service station or terminal whether or not the bulk plant, service station or terminal is located on the same site as a refinery.
3. Section 3 of the Regulation is revoked.
4. (1) Section 5 of the Regulation is amended by striking out “section 2, 3 or 4” wherever it appears and substituting in each case “section 2 or 4”.
(2) Subsection 5 (1) of the Regulation is amended by striking out “every batch of motor gasoline” in the portion before clause (a) and substituting “every batch of motor gasoline described in those sections”.
(3) Subsections 5 (5) and (6) of the Regulation are revoked and the following substituted:
(5) Subsection (1) does not apply in respect of a batch of motor gasoline if,
(a) the refiner of the motor gasoline has had the vapour pressure of the batch of motor gasoline determined in accordance with a method referred to in section 6 by a laboratory described in subsection (1) of this section;
(b) the person obtains from the refiner,
(i) a copy of the record of the vapour pressure determination, and
(ii) written assurance that the refiner will keep the original record for at least five years and will make it available, upon request, to the person or a provincial officer for inspection; and
(c) the person complies with subsections (3), (4) and (4.1).
(6) Clause (5) (c) does not apply if the batch is less than or equal to 25,000 litres.
5. Section 6 of the Regulation is revoked and the following substituted:
Test Methodology
6. For the purposes of clause 5 (5) (a), the vapour pressure of a batch of motor gasoline shall be determined by one or more of the following methods:
1. ASTM D323, “Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)”, published by ASTM International, as it may be amended from time to time.
2. ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel”, published by ASTM International, as it may be amended from time to time.
3. ASTM D4953, “Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method)”, published by ASTM International, as it may be amended from time to time.
4. ASTM D5191, “Standard Test Method for Vapor Pressure of Petroleum Products and Liquid Fuels (Mini Method)”, published by ASTM International, as it may be amended from time to time.
5. ASTM D5482, “Standard Test Method for Vapor Pressure of Petroleum Products and Liquid Fuels (Mini Method—Atmospheric)”, published by ASTM International, as it may be amended from time to time.
6. ASTM D6378, “Standard Test Method for Determination of Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method)”, published by ASTM International, as it may be amended from time to time.
7. Another method of determining the vapour pressure of motor gasoline that is acceptable to the Director.
6. The Regulation is amended by adding the following section:
Transition
7. If section 2, as it read immediately before August 30, 2024 did not apply to a person at that time, that section shall not apply to the person until May 16, 2025.
Commencement
7. This Regulation comes into force on the day it is filed.