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B.C. Reg. 498/95
O.C. 1421/95
Deposited December 1, 1995
effective December 31, 1995
This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here.

Environmental Management Act

Cleaner Gasoline Regulation

[includes amendments up to B.C. Reg. 321/2004]

Contents
1 Interpretation
Part 1— Compliance Requirements for Gasoline
2 Compliance with gasoline standards required
3 Gasoline standard
4 Vapour pressure
5 Benzene
6 Sulphur
7 Aromatics and olefins
8 Model based emission standards
Part 2— Administrative Requirements
9 Analytical methods
10 Records
11 Offence and penalty
12 Repealed
Schedule 1
Schedule 2

Interpretation

1In this regulation:

"additive compliance record" means

(a)a written record, prepared in accordance with Note 6 of the Canadian General Standards Board Standard CAN/CGSB 3.5 - 94 "Unleaded Automotive Gasoline", of deposit control additive, added to the gasoline to meet the requirements of section 7.17 of that Standard, or

(b)a written confirmation provided to a primary distributor or wholesale purchaser under section 2 (5) or (6);

"aromatics" means benzene and other cyclic hydrocarbon compounds that contain a single benzene ring as determined by the analytical method specified in section 9;

"alternative baseline gasoline" means the average composition and properties of all gasoline possessed by a primary distributor for sale in British Columbia during the calendar year 1993, as approved by a director based on laboratory and volumetric data supplied by the primary distributor and corrected as appropriate for the mandated removal of MMT;

"baseline gasoline" means the average composition and properties of all gasoline possessed by a primary distributor for sale in British Columbia during the calendar year 1993 as specified in Schedule 2;

"biomass" means material that is produced solely from grains, plants, trees or biological refuse, but does not include any material produced from petroleum;

"blend" means the mixing together of gasoline components including, but not limited to, oxygenates, but does not include the addition of additives to gasoline that do not materially affect the composition of the gasoline or the mixing together of gasolines;

"blender" means a person engaged in blending;

"cargo tanker" means a trailer having a bulk liquid tank on it, or a motor vehicle having a bulk liquid tank mounted on the frame or chassis of the motor vehicle, that is used for the transportation between facilities of gasoline alone or gasoline and other petroleum products;

"compliance record" means a written record, including an additive compliance record, demonstrating that gasoline complies with the applicable gasoline standard;

"deposit control additive" means deposit control additive as the term is used in the Canadian General Standards Board Standard CAN/CGSB 3.5 - 94 "Unleaded Automotive Gasoline;

"emissions model" means the U.S. Environmental Protection Agency Complex Model, Phase 2, Region 2, Area Class C, as set out in the U.S. Code of Federal Regulations, Part 80 of Title 40, Subpart D, section 80.45;

"gasoline" means a petroleum distillate, or a mixture of petroleum distillates and oxygenates, that is liquid at atmospheric pressure with a vapour pressure greater than 41 kiloPascals and which is intended for use in an automobile or marine internal combustion engine;

"gasoline shipment" means the gasoline contained within a single shipment of gasoline by cargo tanker, rail car or marine vessel;

"gasoline standard" means a gasoline standard set out in Schedule 1 and, if the gasoline standard has been amended and the amendment has been published by the Canadian General Standards Board, that gasoline standard must be read as amended on and after the first day of the 4th month after the publication;

"import" means to bring gasoline into British Columbia by cargo tanker, rail car or marine vessel;

"importer" means a person who possesses for sale gasoline which is imported into British Columbia;

"Lower Fraser Valley" means that part of British Columbia bounded on the north by latitude 49°30', on the east by longitude 121°15' and on the west by longitude 123° 20';

"olefins" means any unsaturated aliphatic hydrocarbon compounds containing one or more double bonds as determined by the analytical method specified in section 9;

"parameter" means a measure of gasoline quality with respect to its vapour pressure, benzene concentration, sulphur concentration, aromatics concentration, olefins concentration, distillation or oxygen concentration;

"possess for sale" means to possess gasoline for sale or eventual sale in British Columbia;

"primary distributor" means,

(a)for gasoline distributed from a terminal in British Columbia, the owner or operator of the terminal in British Columbia unless

(i)the gasoline is received from another terminal in British Columbia, or

(ii)blending occurs in a cargo tanker at the terminal or after gasoline has been shipped from the terminal,

(b)for gasoline which is blended in a cargo tanker or after gasoline has been shipped from a terminal, the person who has possession of the gasoline when blended, or

(c)for gasoline imported into British Columbia and not referred to in paragraph (a) or (b), the importer;

"quality assurance program" means a combination of testing and statistical techniques to determine whether gasoline possessed for sale complies with the requirements of Part 1;

"retail sale" means a sale or offer to sell or deliver gasoline to a final user;

"sale" includes to sell at retail, to offer for sale at retail and to deliver to a final user;

"service station" means any premises equipped to dispense gasoline into the fuel tanks of motor vehicles or vessels and includes a retail service station, card lock or fleet refuelling station;

"summer" means April 15 to September 15 of each year;

"summer pool average" means the volume weighted arithmetic average value for gasoline parameters for all grades of gasoline received or blended by a primary distributor for sale in British Columbia, or for sale in a region of British Columbia specified in this regulation, during the summer;

"terminal" means a gasoline distribution facility where gasoline is normally received by pipeline or marine transfer, or is normally received directly from a refinery, and is stored in bulk for distribution by cargo tanker, rail car, pipeline or marine transfer;

"toxics" means toxics as defined in the emissions model;

"wholesale purchaser" means a person who purchases or takes possession of gasoline except in a retail transaction;

"winter" means January 1 to April 14 and September 16 to December 31 of each year;

"winter pool average" means the volume weighted arithmetic average value for gasoline parameters for all grades of gasoline received or blended by a primary distributor for sale in British Columbia, or for sale in a region of British Columbia specified in this regulation, during the winter;

"written confirmation" means a written record, signed and dated by a representative of a wholesale purchaser

(a)stating that deposit control additive will be added to the gasoline before its retail sale, and

(b)including a statement of who will add the deposit control additive and the volume of gasoline to which the record applies;

"yearly pool average" means the volume weighted arithmetic average value for gasoline parameters for all grades of gasoline received or blended by a primary distributor for sale in British Columbia, or for sale in a region of British Columbia specified in this regulation, during the current calendar year.

[am. B.C. Regs. 347/99, s. 1; 321/2004, s. 6 (a).]

Part 1— Compliance Requirements for Gasoline

Compliance with gasoline standards required

2(1)  A primary distributor must not possess for sale in British Columbia gasoline which does not comply with the standards for gasoline under this Part.

(2)  A primary distributor must maintain a compliance record of the gasoline parameters, measured in accordance with this Part, for all gasoline possessed by the primary distributor for sale in British Columbia during the calendar year.

(3)  A wholesale purchaser must not possess gasoline for sale in British Columbia which does not comply with the requirement for the addition of deposit control additive specified in the applicable gasoline standard.

(4)  A wholesale purchaser must maintain an additive compliance record by calendar year for all gasoline possessed by the wholesale purchaser.

(5)  Subsections (1) and (2) do not apply to a primary distributor in respect of the requirement, specified in the applicable gasoline standard, for the addition of deposit control additive to gasoline provided the primary distributor

(a)sells or transfers possession of the gasoline to a wholesale purchaser, and

(b)possesses a written confirmation.

(6)  Subsections (3) and (4) do not apply to a wholesale purchaser in respect of the requirement, specified in the applicable gasoline standard, for the addition of deposit control additive to gasoline provided the wholesale purchaser sells or transfers possession to another person and

(a)possesses an additive compliance record completed by the primary distributor of the gasoline demonstrating that the primary distributor has complied on an earlier occasion with subsections (1) and (2) respecting the gasoline,

(b)possesses an additive compliance record completed by a previous wholesale purchaser of the gasoline demonstrating that the previous wholesale purchaser has complied on an earlier occasion with subsections (3) and (4) respecting the gasoline, or

(c)obtains the written confirmation of a subsequent wholesale purchaser.

[am. B.C. Reg. 347/99, s. 2.]

Gasoline standard

3(1)  Except as provided in sections 2 (5) and 4 to 7, on and after January 1, 1996, a primary distributor must not possess gasoline for sale in British Columbia unless the gasoline complies with one of the gasoline standards set out in Schedule 1.

(2)  A reference in this regulation to a gasoline standard is a reference to that gasoline standard as it may be amended from time to time.

[am. B.C. Reg. 347/99, s. 3.]

Vapour pressure

4(1)  On and after April 15, 1996, a primary distributor must not possess gasoline for sale in the Lower Fraser Valley during the period from April 15 to May 31 and from September 1 to September 15 in each year if the gasoline has a vapour pressure greater than 72 kiloPascals.

(2)  On and after June 1, 1996, a primary distributor must not possess gasoline for sale in the Lower Fraser Valley during the period from June 1 to July 15 and from August 15 to August 31 in each year if the gasoline has a vapour pressure greater than 62 kiloPascals.

(3)  On and after July 16, 1996, a primary distributor must not possess gasoline for sale in the Lower Fraser Valley during the period from July 16 to August 14 in each year if the gasoline has a vapour pressure greater than 55 kiloPascals.

(4)  Despite subsections (1) to (3), if

(a)gasoline contains oxygen greater than 3.4% by weight, and

(b)the oxygen is supplied by alcohols produced wholly from biomass or by ethers where the alcohol component of the ether is produced wholly from biomass,

the maximum gasoline vapour pressure is the maximum value in subsection (1), (2) or (3) plus 7 kiloPascals.

Benzene

5(1)  Repealed. [B.C. Reg. 321/2004, s. 6 (b).]

(2)  A primary distributor must not possess gasoline for sale in British Columbia which contains benzene in a yearly pool average concentration that exceeds 0.95% by volume.

[am. B.C. Reg. 321/2004, s. 6 (b) and (c).]

Sulphur

6(1)  Repealed. [B.C. Reg. 321/2004, s. 6 (b).]

(2)  A primary distributor must not possess gasoline for sale in the Lower Fraser Valley and Vancouver Island which contains sulphur in a yearly pool average concentration that exceeds 0.015% by weight.

(3)  A primary distributor must not possess gasoline for sale in that part of British Columbia not referred to in subsection (2) which contains sulphur in a yearly pool average concentration that exceeds 0.02% by weight.

(4)  A primary distributor may, instead of complying with this section, elect to comply with section 8.

[am. B.C. Reg. 321/2004, s. 6 (b) to (d).]

Aromatics and olefins

7(1)  Repealed. [B.C. Reg. 321/2004, s. 6 (b).]

(2)  A primary distributor must not possess gasoline for sale in British Columbia which contains aromatics in a yearly pool average concentration that exceeds 31.3% by volume.

(3)  Repealed. [B.C. Reg. 321/2004, s. 6 (b).]

(4)  A primary distributor must not possess gasoline for sale in British Columbia which contains olefins in a yearly pool average concentration that exceeds 13.9% by volume.

(5)  A primary distributor may, instead of complying with this section, elect to comply with section 8.

[am. B.C. Reg. 321/2004, s. 6 (b) and (e).]

Model based emission standards

8(1)  For the purpose of complying with the parameter standards for sulphur, aromatics or olefins, a primary distributor may elect to comply with the model based emission standards as provided in this section.

(2)  On and after January 1, 1996, a primary distributor must not possess gasoline for sale in British Columbia which has total yearly pool average emissions of each of toxics and oxides of nitrogen, calculated in accordance with the emissions model, that exceed the total yearly pool average emissions of each of toxics and oxides of nitrogen from the baseline gasoline, calculated in accordance with the emissions model.

(3)  For the purpose of this section, calculated pool average emissions for the primary distributor's gasoline and for the baseline gasoline are to be determined using the emissions model and the following parameter values:

(a)in the case of pool average emissions for the baseline gasoline, by using the summer or winter parameters values in Columns 2 or 3 of Schedule 2 set out opposite the parameter in Column 1, or the parameters values for an alternative baseline gasoline;

(b)in the case of pool average emissions for a primary distributor's gasoline, by using the primary distributor's summer pool average or winter pool average gasoline parameter values.

(4)  The total yearly pool average emissions of each of toxics and oxides of nitrogen from gasoline during a calendar year is determined by the total of volume weighted emissions calculated during the summer period and volume weighted emissions calculated during the winter period.

(5)  For the purpose of subsection (4), summer or winter volume weighted emissions for gasoline are calculated using the following equation:

  Vs
Volume Weighted Emissions  =  Es  x 
  Vt

where

Es = estimated emissions from a primary distributor's gasoline as determined by subsection (3) for the appropriate season,

Vs = total gasoline possessed for sale in British Columbia by that primary distributor during the summer or winter, and

Vt = total gasoline possessed for sale in British Columbia by that primary distributor during a calendar year.

(6)  In the case of a primary distributor having tanks containing gasoline from more than one gasoline refiner, for the purpose of an alternative baseline gasoline, the alternative baseline gasoline is the volumetric average of the alternative baseline gasolines of the individual refiners.

[am. B.C. Reg. 321/2004, s. 6 (f).]

Part 2— Administrative Requirements

Analytical methods

9(1)  To determine parameter values for the purposes of this regulation, the analytical methods referred to in the Canadian General Standards Board Standard CAN/CGSB 3.5 - 94 "Unleaded Automotive Gasoline" must be used.

(2)  Despite subsection (1) a primary distributor may use an analytical method other than one referred to in subsection (1) to determine parameter values for the purposes of this regulation provided

(a)the equivalency of the alternative analytical method to an analytical method referred to in subsection (1) is established by applying the American Society for Testing and Measurements method ASTM D4855-91, Standard Practice for Comparing Test Methods, or the American Society for Testing and Measurements method ASTM D3764-92, Standard Practice for Validation of Process Steam Analyzers; and

(b)60 days before using the alternative analytical method, the primary distributor sends to a director by registered mail notice that the alternative analytical method will be used and reasons why the alternative method is equivalent to an analytical method referred to in subsection (1).

(3)  Despite subsection (2), if the director notifies the primary distributor that an alternative analytical method referred to in subsection (2) may not be used, the primary distributor must

(a)not use the alternative analytical method, or

(b)if use of the alternative analytical method was commenced before notice from the director was received by the primary distributor, cease to use the alternative analytical method.

[en. B.C. Reg. 347/99, s. 4; am. B.C. Reg. 321/2004, s. 6 (g).]

Records

10(1)  For the purpose of section 2 (2), a primary distributor must do all of the following:

(a)conduct a quality assurance program to ascertain that gasoline possessed for sale in British Columbia conforms to the requirements of Part 1;

(b)maintain records of volumes of different grades of gasoline possessed for sale in British Columbia;

(c)maintain records of the tests conducted in accordance with paragraph (a) including, without limitation, the following information:

(i)the value of any parameter tested for under paragraph (a);

(ii)the quantity of gasoline represented by the sample tested;

(iii)the date the test was performed.

(2)  A person who is required by this section to maintain a record must do all of the following:

(a)keep the record at the person's place of business for at least 2 years after the date of preparing or first obtaining the record;

(b)if requested to do so by an officer, produce the record for inspection within 30 working days;

(c)if requested to do so by a director, copy or report in writing to the director, within 30 working days, the contents of any such record that the director specifies in making the request.

(3)  A director may require any test referred to in subsection (1) (a) to be performed by a laboratory specified by the director.

(4)  A director may, after a record referred to in subsection (1) has been prepared, require that the record be certified as to its accuracy by a professional engineer registered in British Columbia or by another person acceptable to the director.

(5)  In a record required by this section, all quantities of gasoline must be recorded in cubic metres or litres.

(6)  A director may require importers or blenders of gasoline to provide 24 hours advance notification of gasoline import shipments to a person designated by the director.

(7)  An importer must keep records of the source and disposition of each gasoline shipment.

(8)  A blender must keep records of the volumes of components blended.

(9)  On and after January 1, 1997, every primary distributor must submit an annual compliance report to a director by April 1 of the following year which contains the following information:

(a)the name of the person or company who is the primary distributor;

(b)the mailing address of the primary distributor;

(c)for gasoline distributed from a terminal in British Columbia, the location of the terminal;

(d)the records referred in subsection (1) (b) on a calendar year basis;

(e)the yearly pool average value for benzene;

(f)the yearly pool average value for sulphur if the primary distributor elects to comply with section 6 (1) to (3);

(g)the yearly pool average value for aromatics and olefins if the primary distributor elects to comply with section 7 (1) to (4);

(h)in the case of a primary distributor who elects to comply with section 8

(i)a record of the baseline gasoline or alternative baseline gasoline used and the associated calculated yearly pool average emissions of each of toxics and oxides of nitrogen for summer, winter and on a yearly basis, and

(ii)a record of the pool average parameters used as input to the emissions model and the associated calculated emissions of toxics and oxides of nitrogen for summer, winter and on a yearly basis;

(i)a statement signed by a professional engineer registered in British Columbia, or by another person acceptable to the director, certifying that the information contained in the annual compliance report is accurate.

[am. B.C. Reg. 321/2004, s. 6 (h) to (j).]

Offence and penalty

11(1)  A person who contravenes Part 1 commits an offence and is liable on conviction to a fine not exceeding $200 000.

(2)  A person who contravenes section 10 commits an offence and is liable on conviction to a fine not exceeding $100 000.

Repealed

12Repealed. [B.C. Reg. 321/2004, s. 6 (b).]

Schedule 1

(section 3)

Gasoline Standards

1For the purpose of section 3, the following gasoline standards apply:

(a)the Canadian General Standards Board "Standard for Unleaded Automotive Gasoline", CGSB document CAN/CGSB-3.5-94;

(b)the Canadian General Standards Board "Standard for Oxygenated Unleaded Gasoline Containing Ethanol", CGSB document CAN/CGSB-3.511-M93;

(c)the Canadian General Standards Board "Standard for Oxygenated Unleaded Gasoline Containing C3, C4 and/or C5 Alcohols", CGSB document CAN/CGSB-3.519-94;

(d)the Canadian General Standards Board "Standard for Leaded Automotive Gasoline", CGSB document CAN/CGSB-3.1-92;

(e)the Canadian General Standards Board "Standard for Oxygenated Automotive Gasoline Containing Methanol and Cosolvent", CGSB document CAN/CGSB-3.515-93.

Schedule 2

[am. B.C. Regs. 347/99, s. 5.; 321/2004 s. 6 (k)]

(section 8 (3) (a))

Baseline Gasoline

Column 1 Column 2 Column 3
Parameter Summer Winter
Vapour Pressure (psi) 9.4, 11.0 or 12.9(1) 15.5
Benzene (percent by volume) 1.8(2) 2.1(2)
Sulphur (percent by weight) 0.0250(3, 4) 0.0250(3, 4)
Aromatics (percent by volume) 41.6(5) 37.1(5)
Olefins (percent by volume) 16(5) 18.3(5)
Oxygenates (percent by weight) 0.53 0.14
Distillation - E200 (percent by volume) 50 58
Distillation - E300 (percent by volume) 83.3 87.7

Notes:

1. Vapour pressure is set to 9.4 psi for gasoline possessed for sale in the Lower Fraser Valley, 11.0 psi for gasoline possessed for sale in Zone 1 of British Columbia except for the Lower Fraser Valley, and 12.9 psi for gasoline possessed for sale in Zone 2 of British Columbia, where Zone 1 and 2 are as specified in the standard referred to section 1 (a) of Schedule 1.
2. The summer and winter value for benzene is set to 0.95 percent by volume on and after January 1, 1999.
3. On and after January 1, 1999, the summer and winter value for sulphur is set to 0.015 percent by weight for gasoline possessed for sale in the Lower Fraser Valley and Vancouver Island.
4. On and after January 1, 2000, the summer and winter volume for sulphur is set to 0.020 percent by weight for gasoline possessed for sale in that part of British Columbia not referred to in note 3.
5. On and after January 1, 2005, the values for aromatics are 33.3 and 29.7 percent by volume in the summer and winter, and for olefins are 12.8 and 14.6 percent by volume in the summer and winter.
6 and 7. Repealed. [B.C. Reg. 321/2004, s. 6 (k).]

Note: this regulation repeals B.C. Reg. 63/92.