Benzene in Gasoline

Act: Canadian Environmental Protection Act, 1999, c. 33
Regulation: Benzene in Gasoline Regulations, SOR/97-493 (amended SOR/99-204, SOR/2000-102 and SOR/2003-318)

To Whom Does This Apply?

The Benzene in Gasoline Regulations prohibits the supply of gasoline that contains benzene at a concentration exceeding 0.95% by volume on an annual average basis, or 1.0% by volume on a per litre basis. Choosing to meet the requirements on the basis of a yearly pool average is optional. The sale or the offer for sale of gasoline that contains benzene at a concentration that exceeds 1.5% by volume is prohibited.

The Regulation also prohibits the supply of gasoline that exceeds a benzene emission number of 71 during the summer, and 92 during the winter.

Eligible Activities

Manufacturing, blending, importing or sale of gasoline.

Summary

Various reporting and record-keeping requirements are specified in different sections of the Benzene in Gasoline Regulations.

Example Requirements

• Section 6 requires that information on alternative sampling or analysis methods be submitted 60 days prior to use.
• Section 7 specifies that registration as per Schedule 2 is required with Environment Canada 15 days prior to commencing operations for new refiners, importers or blenders.
• Section 8 requires every primary supplier to submit gasoline composition reports due annually by February 15.
• Section 12 specifies additional reporting requirements for importers.
• Subsection 21(2) requires that a compliance plan be signed by an authorized official of the primary supplier and sent to the Minister by registered mail or courier at least 150 days before the beginning of the first year (i.e., by August 4) for which the primary supplier has elected to meet a requirement on the basis of a yearly pool average. Any changes to the compliance plan require at least 45 days notice to the Minister as per subsection 21(3).
• Subsection 22(3) requires that auditor's reports for those on a yearly pool average be submitted each year by May 31.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

 

---

National Contact(s):
Mr. Bruce McEwen
Chief, Fuels Section
Oil and Gas and Alternative Energy
Environment Canada
Place Vincent Massey
351 Saint-Joseph Boulevard
Gatineau, Quebec  K1A 0H3
Telephone: 819-953-4673
Fax: 819-953-8903
E-mail: Bruce.McEwen@ec.gc.ca
Web site: http://www.ec.gc.ca/cleanair-airpur/Pollution_Sources/Fossil_Fuels/Fuel_Regulations-WSFB0BA68A-1_En.htm