Ministry Ministère Order Issued Pursuant to s.35(14) of of the de O. Reg. 419/05 Environment l Environnement. Benzene and Climate et de l Action en

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1 Ministry Ministère Order Issued Pursuant to s.35(14) of of the de O. Reg. 419/05 Environment l Environnement Benzene and Climate et de l Action en Change matière de changement climatique Expiry Date: November 21, 2022 Order Issued to: Ruetgers Canada Inc. Site Location: Part 1: 725 Strathearne Ave. North Hamilton, Ontario L8H 5L3 Legal Authority and Reasons 1.1 Pursuant to subsection 35 (14) of O. Reg. 419/05 if the Director sets a site-specific standard under subsection 35 (1) of the Regulation, he or she may make an order requiring a person to whom the site-specific standard applies to take steps specified by the order, not later than the dates specified in the order, that are related to complying with section 20, having regard to subsection 35 (4) of the Regulation. 1.2 Ruetgers Canada Inc. (the Company) is the owner, or is in occupation of, or has charge, management, or control of the operations known as the Ruetgers Canada Inc. with the street address of 725 Strathearne Ave. North Hamilton, Ontario L8H 5L3 1.3 On April 1, 2015, the Company submitted the Request pursuant to s. 35(1) of O. Reg. 419/05 (see Part 2 for the definition of the Request). 1.4 Information provided in the Request indicates that the following benzene site-specific standards for an annual averaging period would result in the difference between the standard with an annual averaging period set out in Schedule 3 of the Regulation and the site-specific standard being the minimum difference necessary to enable the Company to comply with section 20 of the Regulation with respect to benzene: (a) From the date of issuance of the site-specific standard approval to June 30, 2018: 27.7 µg/m 3 (b) From July 1, 2018 to the expiry date of the site-specific standard approval: 12.7 µg/m A site-specific standard of 27.7 µg/m 3 (annual averaging period) from the date of sitespecific standard approval to June 30, 2018 and of 12.7 µg/m 3 (annual averaging period) from July 1, 2018 up to the expiry date of the site-specific standard approval, was set for the Facility for benzene by the Director on November 21, This Order is being made under subsection 35(14) of the Regulation and directs the Company to undertake the necessary steps that are related to complying with section 20 of the Regulation, having regard to subsection 35(4) of the Regulation. Part 2: Definitions and Application Ruetgers Canada Inc. Benzene

2 2.1 For the purpose of this Order, the following definitions apply: Action Plan for Benzene has the same meaning as Action Plan in the Approval; "Approval" means the site-specific standard approval for Benzene number rv0, reference number VDPSR issued November 21, 2017; Benzene means benzene with a chemical abstract system (CAS) number of ; Company means Ruetgers Canada Inc.; Director means a person in the Ministry, appointed under section 35 of the Regulation under the Environmental Protection Act; District Manager means the District Manager of the Ministry s Hamilton District Office; Drill and tap leak repair means a method of repairing a leaking valve by drilling a hole into the valve packing gland, tapping the gland so that a small valve and fitting can be attached to the gland, and pumping new packing material into the gland; EMT means the Environmental Monitoring Team that the Company is required by Item 4.1 to establish; Facility means the Company facility referred to as Ruetgers Canada Inc. and located at 725 Strathearne Ave. North Hamilton, Ontario L8H 5L3; Fixed leak detection system means a permanently located system of sensors that are electrically linked to an analyzer and an electronic data acquisition system. For example, a fixed leak detection system may be located near a component, sample the air at regular time intervals and analyze and record the concentration of VOCs discharged to the air from the leaking component; Inaccessible component means a component that is located, (a) at least two metres above a permanently available support surface, (b) in such a manner that scaffolding or a harness is required in order to access the component, or (c) in such a manner that the component is made inaccessible by a protective cover or insulation; Ministry means the Ontario Ministry of the Environment and Climate Change; OGI instrument means an instrument that makes emissions, that may otherwise be invisible to the naked eye, visible through the use of optical gas imaging; Order means this order number order-rv0 issued under subsection 35(14) of the Regulation in conjunction with Approval number rv0; 2

3 Portable gas detector means a handheld instrument that, when passed over a leaking component, measures the concentration of the gas leaking from the component; Regulation means Ontario Regulation 419/05: Air Pollution Local Air Quality under the Environmental Protection Act as amended from time to time; Request has the same meaning as in the Approval; SDB Director means the Director of the Ministry s Standards Development Branch; unsafe component means a component that, if assessed for leaks, is likely to, (a) expose personnel performing the assessment to imminent hazard from temperature, pressure or explosive process conditions; or (b) lead to other dangerous circumstances as defined by the Occupational Health and Safety Act; and Volatile organic compound ( VOC ) means an organic compound the composition of which makes it possible for the compound to evaporate under normal atmospheric conditions of temperature and pressure. 2.2 For the purpose of this Order, a component is in heavy liquid service if the component contains a fluid, (a) that is not in a gaseous state at operating conditions; and (b) in which the percentage of pure organic compounds that have a vapour pressure of greater than 0.3kPa at 20 o C is less than 20 per cent by weight. Part 3. Leak Measurement Instrumentation For the purposes of this Order, the Company shall ensure that, (a) if this Order requires the use of a portable gas detector, the detector meets the criteria set out in section 2 of Appendix A and is used in a manner set out in section 3 of Appendix A ; (b) if this Order requires the use of an OGI instrument, the OGI instrument used meets the criteria set out in section 1 of Appendix B and is used in a manner set out in section 2 of Appendix B and (c) if this Order requires the use of a fixed leak detection system, the fixed leak detection system meets the criteria set out in section 1 of Appendix C. Part 4: Work Ordered The Company shall take steps related to compliance with section 20 of the Regulation having regard to the site-specific standard referred to in Item 1.5 above. Pursuant to s. 35 (14) of the Regulation, I hereby order the Company to, commencing on the compliance date set out in each Item below, take all steps necessary to do the following: 3

4 ENVIRONMENTAL MONITORING TEAM (EMT) Item 4.1 Compliance Date: Commencing two months after the date the Order was issued 1. The Company shall establish, maintain and participate in an Environmental Monitoring Team to serve as a forum for dissemination, consultation, review and exchange of information regarding the operation of the Facility, environmental issues such as air monitoring, analysis of relevant monitored data, status of the Action Plan implementation and any need for new approvals or amendments to existing approvals. 2. The EMT required by paragraph 1 shall include at least one representative from the Company, one representative from the Ministry and at least three representatives from the community. 3. Subject to paragraph 6, the Company shall ensure that the EMT meets at least one time in every three month period, outside the Facility at a publicly accessible location. 4. The Company shall ensure that each member of the EMT is notified of each meeting of the EMT at least 30 days prior to the meeting. 5. The first EMT meeting shall occur no later than two months after the date that this Order was issued. 6. After June 30, 2018, the frequency of EMT meetings can be reduced to a frequency of no less than one time in every six month period if a vote is taken at an EMT meeting and all persons attending the meeting vote in favour of the change in frequency. ENVIRONMENTAL MANAGEMENT SYSTEM AND COMMUNITY ENGAGEMENT REPORT Item 4.2 Compliance Date: Commencing April 1, By March 31 of each year, the Company shall prepare an annual report titled Environmental Management System and Community Engagement Report that sets out the following information with respect to the preceding calendar year: i. Documentation of all complaints received by the Company relating to air emissions and the resolution of those complaints; ii. A written summary of the actions taken each calendar year to implement the Action Plan for Benzene, including a description of each action taken, the date of implementation of each action taken and dates for the implementation of actions yet to be taken; and iii. The minutes of the EMT meetings held during the calendar year and any related follow-up actions. 4

5 2. The Company shall make a copy of the report required by paragraph 1 available for public inspection at the Facility during office hours and available on the Company s website no later than March 31 of the year following the calendar year that the report was prepared for. 3. The Company shall present the report required by paragraph 1 to the EMT at the next meeting of the EMT following the date that the report is prepared. LEAK DETECTION AND REPAIR PROGRAM Item 4.3 Component identification the Compliance Date: Two months after the date Order was issued 1. Subject to paragraph 3, the Company shall make a written record of each of the following components at the Facility if the component is in benzene service: i. A compressor. ii. A pump. iii. A valve. iv. A pressure relief device. v. A sample point. vi. An instrumentation system. vii. An agitator. viii. A connector. 2. A component is in benzene service for the purposes of this Item if the component may contain or come in contact with a liquid or gas that contains at least 1 per cent benzene by weight. 3. The following components do not need to be included in the record required by paragraph 1: i. A pump that is equipped with, A. a dual mechanical seal; and B. a system that alerts the operator when the seal or barrier fluid has failed. ii. A valve or connector with a nominal diameter of less than centimetres or ¾ of an inch. 4. Each component required to be recorded under paragraph 1 shall be listed in a single electronic record with associated fields setting out the following information: i. The name and model number of the component. ii. The name of the manufacturer of the component. iii. The serial number of the component. 5

6 iv. The purpose of the component. v. The process unit of which the component is part. vi. Whether the component is in heavy liquid service. vii. The date the component was installed. viii. If the component replaced a component, the period of time the replaced component was in service. ix. Whether the component is an inaccessible component or an unsafe component 5. No later than 30 days after a change is made at the Facility that would affect the information in the record required by this Item, the Company shall ensure that the record is updated to reflect the change. Item 4.4 Inaccessible and unsafe components record Compliance Date: Two months after the date the Order was issued 1. The Company shall make a written record of each component at the Facility that is an inaccessible component or an unsafe component and the reason that the component is an inaccessible component or an unsafe component. 2. The record required by paragraph 1 shall be certified as complete and accurate by the highest ranking individual regularly present at the Facility who has management responsibilities relating to the Facility. 3. No later than 30 days after a change is made at the Facility that would affect the information in the record required by this Item, the Company shall ensure that the record is updated to reflect the change. Item 4.5 Component leak survey general Compliance Date: Commencing April 1, The Company shall ensure that a component leak survey is performed in accordance with this section. 2. A component leak survey shall be completed, at least three times each calendar year with at least one component leak survey being completed during each of the following periods, i. the period starting April 1 and ending June 30, ii. the period starting July 1 and ending September 30, and iii. the period starting October 1 and ending December A component leak survey required by this Item shall assess each component required to be recorded under Item 4.3 to determine if the component is leaking. 6

7 4. Despite paragraph 3 a component does not need to be included in a component leak survey if the component is identified in the record required by Item 4.4 as inaccessible or as an unsafe component. 5. No later than March 1 each year, the Company shall ensure that the Director and the District Manager are given a written summary of the dates on which component leak surveys are anticipated to occur during the calendar year and ensure that representatives of the Ministry are given an opportunity to witness the survey. Item 4.6 Component leak survey Compliance Date: Commencing April 1, 2018 Assessment and measurement of leaks 1. The Company shall ensure that a component leak survey required by Item 4.5 is performed in accordance with this Item. 2. Subject to paragraph 3, each component that is part of a component leak survey required by Item 4.5 shall be assessed using one of the following methods: i. A portable gas detector shall be used to assess for a gaseous leak and to measure the concentration of VOCs discharged to air from a leaking component. ii. iii. An OGI instrument shall be used to assess for a gaseous leak. A fixed leak detection system shall be used to assess for a gaseous leak and to measure the concentration of VOCs discharged to air from a leaking component. 3. At least one time in each 12-month period, a method set out in subparagraph 2 i or iii shall be used to assess and measure each component mentioned in paragraph Each component that is part of a component leak survey required by Item 4.5 that may contain a liquid shall be assessed for a liquid leak using an audio or visual method to measure the leak rate of liquid discharged from each leaking component. The liquid leak rate shall be measured in number of drops per minute. 5. The Company shall ensure that a person who is required to perform a component leak survey receives training on the leak assessment methods mentioned in paragraphs 2 and 4 by a person with experience in the relevant method. 6. No later than seven days after a leak is identified using an OGI instrument, the concentration of VOCs discharged to air from the leaking component shall be, i. measured using a portable gas detector; or ii. determined using an accessory device to the OGI instrument. 7. A determination made under subparagraph 6 ii is deemed to be a measurement of the concentration of VOCs discharged to air from a leaking component. 8. The leak rate mentioned in paragraph 4 shall be measured in accordance with the following rules: 7

8 i. Observe the component for at least one minute and count the number of drops seen or heard. ii. iii. Repeat the observation required by subparagraph i three times in a period of no more than ten minutes. Calculate the average of the leak rates observed under subparagraphs i and ii. Item 4.7 Component leak survey plan Compliance Date: Commencing April 1, The Company shall ensure that a component leak survey plan that meets the requirements in this Item is prepared prior to the initial component leak survey required by Item A component leak survey plan shall be in electronic form and shall include the following information: i. A general description of the planned component leak survey including a description of, A. the components that are to be part of the component leak survey, B. the location of each component that will be part of the component leak survey, C. the method that will be used to assess each component for leaks, D. the percent by weight of benzene anticipated in leaks, based on the percentage of benzene by weight to which components in a process unit are exposed, and E. the training and experience of the individuals performing the component leak survey. ii. If an OGI instrument will be used to perform the component leak survey, the number of view angles from which images will be taken for each component. iii. A checklist of things to check or tasks to perform at the start of each day on which a component leak survey is performed, including, A. if a portable gas detector will be used to perform the component leak survey, determining and recording the response factor, the calibration precision and the response time of the portable gas detector in accordance Appendix A, B. if an OGI instrument will be used to perform the component leak survey, confirmation that the date and time settings of the OGI instrument are correct, and C. if a fixed leak detection system will be used to perform any part of the component leak survey, an automated check for any malfunctioning sensors. 8

9 3. No later than March 1 each year, the Company shall update the component leak survey plan required by this Item so that the information required in the plan is accurate for the surveys to be performed in the calendar year. 4. If the information required in the component leak survey plan required by this Item changes after March 1 of a year, the Company shall ensure that the plan is updated so that it is accurate. 5. If a change mentioned in paragraph 4 affects the dates on which component leak surveys are anticipated to occur during the calendar year as set out under paragraph 5 of Item 4.5, the Company shall ensure that the Director and the District Manager are notified as soon as practicable of the change in dates. Item 4.8 Additional leak measurements - Compliance Date: Commencing two months after the date the Order was issued Pumps, compressors and pressure relief devices 1. The Company shall ensure that a pump, compressor or pressure relief valve required to be recorded under Item 4.3 is observed visually and audibly to identify gaseous and liquid leaks at least one time in every 12-hour period. 2. The Company shall ensure that the liquid leak rate from a leaking component is measured in accordance with the rules set out in paragraph 8 of Item 4.6 as soon as practicable after a liquid leak is identified under paragraph No later than seven days after a gaseous leak is identified under paragraph 1, the Company shall ensure that the concentration of VOCs discharged to air from the leaking component is measured using, i. a portable gas detector; or ii. a fixed leak detection system. Item 4.9 Leaks repair Compliance Date: Commencing the earlier of April 1, 2018 and two months after the Order was issued 1. The Company shall ensure that repairs are made in accordance with paragraph 2 if one or more of the following criteria are met: i. A measurement required by the Order indicates that the concentration of VOCs discharged to air from a leaking component is greater than or equal to 500 ppm by volume.ii. A measurement required by the Order indicates that a component has a liquid leak rate of three drops per minute or greater. 2. Subject to paragraph 3, the repairs required by paragraph 1 include, 9

10 i. no later than five days after taking a measurement mentioned in paragraph 1, making all repairs to prevent, minimize or reduce the leak that can feasibly be made in the five-day period such as, A. if the component is a pump, tightening the packing gland nuts and ensuring that the seal flush is operating at design pressure and temperature, and B. if the component is a valve, tightening the bonnet bolts, replacing the bonnet bolts, tightening the packing gland nuts, and injecting a lubricant into lubricated packing; and ii. if the measurement is in the range set out in Column 1 of Table 1, repairing the component within the repair period set out opposite the range in Column 2 of Table 1 so that, A. the concentration of VOCs discharged to air from the component is less than 500ppm by volume, or B. the liquid leak rate is zero drops per minute. 3. A component does not need to be repaired within the applicable repair period set out in subparagraph 2 ii if, i. the component is taken out of service no later than the last day in the repair period set out in Column 2 of Table 1, or ii the component is placed on a delay of repair list in accordance with Item The Company shall ensure that a component mentioned in subparagraph 3 i is repaired so that concentration of VOCs discharged to air from the component is less than 500 ppm by volume before the component is put back into service. TABLE 1: Leak Repair Item Column 1 Measurement Range 1 500ppm less than 1,000 ppm of VOCs by volume 2 Greater than 1,000 ppm of VOCs by volume 3 Greater than three drops per minute Column 2 Repair Period The 60-day period commencing the date the leak is measured. The 30-day period commencing the date the leak is measured. The 7-day period commencing the date the leak is measured. Item 4.10 Delay of repair list 10

11 Compliance Date: Commencing the earlier of April 1, 2018 and two months after the Order was issued 1. The Company shall ensure that the following information is recorded with respect to each component at the Facility that is placed on the delay of repair list: i. The name of the component, the component identifier, and the serial number of the component. ii. The process unit of which the component is part. iii. iv. The estimated fraction of benzene, by volume, that the component is exposed to. The reason that the component could not be repaired within the applicable repair period set out in Item 4.9. v. The concentration of VOCs leaking from the component as measured under Items 4.6 or 4.8. vi. vii. viii. The calculated concentration of benzene leaking from the component, calculated as the product of the values set out in subparagraphs iii and v. A description of any repairs made to the leaking component. The date and time of the next anticipated shut-down of the process unit of which the component is part. 2. A component may only be placed on the delay of repair list if one or more of the following criteria are met: i. The process unit in which the component is located must be shut down in order to repair the component. ii. The component is a valve and the only repair that could be made to the valve without shutting down the process unit in which the valve is located is a drill and tap leak repair. 3. The Company shall ensure the concentration of benzene recorded under subparagraph 1 vi for each component on the delay repair list is summed. 4. At least one time in each six-month period of each year the Company shall ensure that a report that contains the following information is signed by the highest-ranking individual regularly present at the Facility who has management responsibilities relating to the Facility and submitted to a provincial officer: i. Each component on the delay repair list. ii. The length of time each component on the delay of repair list has been on the list. iii. For each component on the delay of repair list, the concentration of benzene leaking from the component calculated in accordance with subparagraph 1 vi. iv. The sum determined under paragraph 3. v. Each component that was set out in the previous report that is not set out in the report. vi. For each component mentioned in subparagraph v, the results of the measurement required by section 4.10 following the repair to the component. 11

12 vii. viii. A comparison of the number of components set out in the report to the number of components set out in the previous report. A comparison of the sum mentioned in sub-paragraph iv to the sum set out in the previous report. 5. The Company shall ensure that the next time a process unit is shut down, each component on the delay of repair list that is part of the process unit is repaired so that the concentration of VOCs discharged to air from each component is less than 500 ppm by volume. 6. Subject to paragraph 7, if a component on the delay of repair list is a valve, the Company shall ensure that the next time the process unit in which the valve is located is shut down, the valve is replaced with a low emission valve or repacked with low emission valve packing that meets the criteria set out in paragraph 2 of Item Paragraph 6 does not apply with respect to a valve for which there is no low-emission replacement or low emission packing if the registered person notifies the Director, in writing, no later than 30 days after the date that the process unit in which the valve is located is shut down that there is no low-emission replacement or low emission packing for the valve. 8. The notification required by paragraph 7 shall include the following information: i. The date of the shut-down of the process unit in which the component is located. ii. A description of the component. iii. An explanation of why there is no low-emission replacement. iv. A description of how the component was repaired instead of replaced. 9. No later than six months after a component on the delay of repair list is repaired, the Company shall submit the following information, in writing, to a provincial officer: i. The date of the shut-down of the process unit in which the component is located. ii. iii. iv. The date the component was repaired. A description of how the component was repaired. The concentration of VOCs leaking from the component after the repair was made. Item 4.11 Re-measurement following component repair or replacement Compliance Date: Commencing the earlier of April 1, 2018 and two months after the Order was issued 12

13 1. After a component is required to be repaired in accordance with Item 4.9 or 4.10 or replaced in accordance with Item 4.12, the Company shall make the following measurements no later than the dates set out in paragraph 2: i. One of the following methods is used to measure the concentration of VOCs discharged to air from the component that was required to be repaired or replaced, ii. A. a portable gas detector, or B. a fixed leak detection system. The liquid leak rate from the component required to be repaired or replaced is measured in accordance with the rules set out in paragraph 8 of Item The measurements required by paragraph 1 shall be made, i. if the component is required to be repaired in accordance with paragraph 2 of Item 4.9, no later than the last day in the repair period set out in Column 2 of Table 1, as applicable; ii. iii. iv. if the component is required to be repaired in accordance with paragraph 4 of Item 4.9, no later than seven days after the component is put back into service; if the component is required to be repaired in accordance with paragraph 5 of Item 4.10, no later than 30 days after the date that the process unit in which the component is located is placed back into service; and if the component is required to be replaced in accordance with Item 4.12, no later than seven days after the component is replaced. Item 4.12 Component replacement Compliance Date: Commencing the earlier of April 1, 2018 and two months after the Order was issued 1. The Company shall ensure that a component required to be recorded under Item 4.3 is replaced with a new component if the component has been repaired two times in a 24- month period so that the concentration of VOCs discharged to air from the component is less than 500 ppm by volume and is required to be repaired a third time in the period. 2. Subject to paragraph 3, if the component mentioned in paragraph 1 is a valve, the valve shall be replaced with a low emission valve or repacked with low emission valve packing that meets the following criteria: i. The valve or valve packing has been tested by the manufacturer to determine the concentration of VOCs discharged from the valve or valve packing. ii. The maximum concentration of VOCs determined under subparagraph i shall not be greater than 500 ppm by volume. 13

14 iii. The average concentration determined under subparagraph i shall not be greater than 100 ppm by volume. 3. Paragraph 2 does not apply with respect to a valve for which there is no low-emission replacement or low emission packing if the Company notifies the Director, in writing, no later than 30 days after the date that the process unit in which the valve is located is shut down that there is no low-emission replacement or low emission packing for the valve. 4. The notification required by paragraph 3 shall include the following information: i. The date of the shut-down of the process unit in which the component is located. ii. iii. iv. A description of the component. An explanation of why there is no low-emission replacement. A description of how the component was repaired instead of replaced. 5. Subject to paragraph 6, the Company shall ensure that a component required to be replaced under paragraph 1 is replaced with a new component no later than the last day in the repair period associated with the third repair mentioned in paragraph 1 set out in Column 2 of Table Paragraph 5 does not apply to the replacement of a component if the component is taken out of service no later than the last day in the applicable replacement period set out in paragraph The Company shall ensure that a component mentioned in paragraph 6 is replaced before the component is put back into service. Item 4.13 Records - component leak survey Compliance Date: Commencing April 1, The Company shall ensure that for each component required to be recorded under Item 4.3 the following is recorded in the electronic record with respect to each component leak survey required by Item 4.5: i. The date the component was assessed for leaks. ii. The position title of the personnel who assigned an individual to assess the component for leaks and the date the individual received the training required by paragraph 5 of Item 4.6. iii. The method used to assess the component for leaks, in accordance with Item 4.6, including, A. if a portable gas detector or OGI instrument is used to assess the component, the unique identifier of the detector or instrument used, B. if a fixed leak detection system is used to assess the component, the distance from the component assessed by 14

15 iv. the fixed leak detection system to each sensor that assessed the component for leaks. The result of the assessment required by Item 4.6, including, if a leak is identified, A. if the assessment indicated that VOCs were being discharged to air in a concentration of 500 ppm by volume or greater, the measured concentration of VOCs, B. if an OGI instrument was used to assess the component and the follow-up measurement required by paragraph 6 of item 4.6 indicated that VOCs were being discharged to air in a concentration of 500 ppm by volume or greater, I. the method used to perform the follow-up measurement required by paragraph 6 of Item 4.6, II. copy of the image or images produced by the OGI instrument and the time that the images were taken, III. the wind speed that is published by Environment and Climate Change Canada for the area in the vicinity of the Facility on the date that the component was assessed for leaks,and IV. an indication of whether it was sunny or overcast at the time that the component was assessed for leaks, C. if the assessment indicated that the component had a liquid leak rate of three drops per minute or greater, the measured liquid leak rate. v. If a concentration indicated in accordance with sub-subparagraphs 1 iv A or B is 500 ppm by volume or greater, the estimated mass emission rate of benzene, in grams per second, and a description of how the mass emission rate was estimated. vi. vii. viii. ix. A description of each action taken to repair the leak, including the date each action was taken. The position title of the personnel who assigned an individual to make the repair. The likely cause of the leak. The date that measurements required by Item 4.11 were made. x. The method used to make to take the measurements required by Item xi. The result of the measurements required by Item 4.11, including the concentration of VOCs or liquid leak rate measured. 2. After the completion of each component leak survey performed at the Facility, the Company shall ensure that a record of the following information is made: i. The start date and end date of the component leak survey. ii. A summary of the methods used in the component leak survey. iii. iv. The percentage of leaking components, calculated in accordance with paragraph 3. An indication of whether the operating conditions at the Facility were normal on each day of the component leak survey. v. An indication of the weather conditions at the Facility on each day of the 15

16 vi. vii. viii. component leak survey. If a fixed leak detection system was used for any part of the component leak survey, for each fixed leak detection system used, A. the number of sensors used to assess components for leaks, B. the manufacturer and model number of each sensor, C. the type of each analyser linked to each sensor, D. the manufacturer and model number of each analyser, E. the year each sensor was installed, F. the year each analyser was installed, and G. a record of any sensors that malfunctioned during the automated checks required by sub-subparagraph 2 iii C of Item 4.7. If a portable gas detector was used for any part of the component leak survey, A. the manufacturer and model number of each portable gas detector, and B. for each day on which part of a component leak survey was performed using a portable gas detector, I. the unique identifier of each portable gas detector used on the day, II. the concentration of calibration gas used to determine the response factor and calibration precision of each portable gas detector used on the day, III. the response factor, calibration precision and response time of each portable gas detector used on the day determined in accordance with Appendix A. If an OGI instrument was used for any part of the component leak survey, the manufacturer, model number and unique identifier of each OGI instrument. 3.The percentage of leaking components shall be calculated in accordance with the following formula: where, RT / C T * 100 R T= the total number of components that require repair under Items 4.9 and C T= the total number of components assessed in the component leak survey required by Item 4.5. Item 4.14 Records additional leak measurements Compliance Date: Commencing two months after the Order was issued 16

17 1. If a measurement required by Item 4.8 identifies that the concentration of VOCs discharged to air from a leaking component is greater than or equal to 500 ppm by volume or that a component has a liquid leak rate of three drops per minute or greater, the Company shall ensure that the following information is recorded with respect to the leaking component in the electronic record required by Item 4.3: i. The date the component was identified as leaking. ii. The name of the individual who identified the component as leaking. iii. The concentration of VOCs discharged to air from the component or liquid leak rate measured as required by Item 4.8. iv. The date that the liquid leak rate or concentration of VOCs discharged to air from the component was measured. v. The name of the individual who measured the liquid leak rate or concentration of VOCs discharged to air from the component. vi. viii. ix. vii. The method used to measure the liquid leak rate or concentration of VOCs discharged to air from the component. If the concentration mentioned in subparagraph iii was measured using a portable gas detector, A. the unique identifier of the portable gas detector, B. the concentration of calibration gas used to determine the response factor and calibration precision of the portable gas detector, C. the response factor, calibration precision and response time of the portable gas detector determined in accordance with Appendix A. If the leak is a gaseous leak, the estimated mass emission rate of benzene, in grams per second, and a description of how the mass emission rate was estimated. A description of each action taken to repair the leak, including the date each action was taken. x. The position title of the personnel who assigned an individual to make the repair. xi. xii. xiii. The likely cause of the leak. The date that measurements required by Item 4.11 were made. The result of the measurements required by Item 4.11, including the concentration of VOCs or liquid leak rate measured, as applicable. BENZENE MONITORING Item 4.15 Compliance Date: Two months after the date the Order was issued 1. The Company shall develop and submit for approval to the District Manager, an air quality monitoring plan for the measurement of Benzene at locations near the boundary of the Facility as approved by the District Manager. 17

18 Item 4.16 Compliance Date: Two months after the plan required by Item 4.15 is approved 1. The Company shall install a monitoring station for monitoring Benzene at each location identified in the plan approved by the District Manager under Item Item 4.17 Compliance Date: Commencing three months after the plan required by Item 4.15 is approved 1. The Company shall measure Benzene at each monitoring station identified in the plan approved by the District Manager under Item 4.15, in accordance with the approved monitoring plan. Item 4.18 Compliance Date: Commencing one month after starting measuring as per Item The Company shall prepare a written summary of the measurements of Benzene taken at each monitoring station identified in the plan approved by the District Manager under Item 4.15 during each calendar month, in a format acceptable to the District Manager, and including the following information: i. Identification of each location at which a measurement was taken; ii. For each location mentioned in item 4.15 the concentration of each measurement taken; and iii.the date and time each measurement mentioned in item 4.16 was taken. 2. The Company shall submit an electronic copy of the summary required by paragraph 1 to the District Manager no later than the twentieth of each month following the calendar month that is being summarized. 3. The Company shall make a copy of the summary required by paragraph 1 available for public inspection at the Facility during office hours and on the Company s website no later than no later than the twentieth of each month following the calendar month that is being summarized. WRITTEN SUMMARY OF ACTION PLAN Item 4.19 Compliance Date: Commencing April 1, The Company shall prepare a written summary of the actions taken each calendar year to implement the Action Plan for Benzene, including a description of each action taken, 18

19 the date of implementation of each action taken, and dates for the implementation of actions yet to be taken. 2. The Company shall submit an electronic copy of the summary required by paragraph 1 to both the District Manager and the SDB Director no later than March 31 of each year following the calendar year that is being summarized. 3. The Company shall make a copy of the summary required by paragraph 1 available for public inspection at the Facility during office hours and on the Company s website no later than March 31 of each year following the calendar year that is being summarized. Part 5: General 5.1 All orders are issued in the English language and may be translated into the French language. In the event that there should be a conflict between the English original and the French translation, the English original shall prevail. 5.2 The requirements of this order are severable. If any requirement of this order or the application of any requirement to any circumstance is held invalid, the application of such requirement to other circumstances and the remainder of the order shall not be affected thereby. 5.3 Any request to change a requirement in this order shall be made in writing to the Director and District Manager with reasons for the request, at least 14 days prior to any compliance date for that requirement. 5.4 The requirements of this order are minimum requirements only and do not relieve you from: (a) complying with any other applicable order, statute, regulation, municipal, provincial or federal law; and (b) obtaining any approvals or consents not specified in this order. 5.5 Subsection 19(1) of the EPA provides that an order of the Director is binding upon the successor or assignee of the person to whom it is directed. 5.6 Subsection 186(2) of the EPA provides that non-compliance with the requirements of this order constitutes an offence. 5.7 An obligation set out in this Order may be adjusted in a manner defined by the Director, in consultation with the District Manager, if he or she is of the opinion that a party to this Order is rendered unable to perform or comply with the obligation because of: (a) natural phenomena of an exceptional, inevitable or irresistible nature, or insurrections, or 19

20 (b) (c) (d) strikes, lockouts, or other industrial disturbances, or inability to obtain materials or equipment for reasons beyond the control of the company, or any other cause whether similar to or different from the foregoing beyond the reasonable control of the parties, 5.8 To obtain an adjustment mentioned in Item 5.7, the party must notify the Director immediately of any of the occurrences set out in that Item, providing details that demonstrate that no practical alternatives are feasible in order to meet the compliance dates in question. Part 6: Expiry and appeals 6.1 The Company was provided a copy of a draft version of this Order on September 28, The Director considered the comments of the Company as well as other public comments before deciding to issue this order. 6.2 This order expires on November 21, Pursuant to section 140 of the EPA, the Company may require a hearing before the Environmental Review Tribunal (the Tribunal) if, within 15 days after service upon the Company of a copy of this Order, the Company serves written notice upon the Director and the Tribunal as set out in Item Pursuant to section 142 of the EPA, the notice requiring the hearing must include a statement of the portions of the Order for which the hearing is required and the grounds on which the Company intends to rely at the hearing. Except by leave of the Tribunal, the Company is not entitled to appeal a portion of the Order or to rely on grounds of appeal that are not stated in the notice requiring the hearing. 6.5 Written notice requiring a hearing should be served personally or by mail upon: Secretary Director Environmental Review Tribunal Standards Development Branch 2300 Yonge Street, Suite 2100 Ministry of the Environment and Climate Change Toronto, Ontario 40 St. Clair Avenue West, 7 th Floor M4P 1E4 Toronto, Ontario M4V 1M2 Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing and the time for requiring a hearing is not extended by choosing service by mail. 6.6 If you commence an appeal before the Tribunal, under section 47 of the Environmental Bill of Rights (EBR), you must give notice to the public in the EBR registry. The notice must include a brief description of this Order (sufficient to identify it) and a brief description of the grounds of appeal. The notice must be delivered to the Environmental Commissioner who will place it on the EBR Registry. The notice must be delivered to the Environmental Commissioner at Bay Street, Toronto, Ontario, M5S 2B1, by the earlier of: 20

21 days of commencing the appeal before the Tribunal; and days after service of this Order. 6.7 Pursuant to subsection 47(7) of the EBR, the Tribunal may permit any person to participate in the appeal, as a party or otherwise, in order to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the appeal. 6.8 For your information, under section 38 of the EBR, any person resident in Ontario with an interest in this Order may seek leave to appeal the Order. Under section 40 of the EBR, the application for leave to appeal must be made to the Tribunal by the earlier of: days after notice of this Order is given in the EBR registry; and if you appeal, 15 days after your notice of appeal is placed in the EBR registry by the Environmental Commissioner. To ascertain whether or not an application for leave to appeal this Order has been made by any person, you may wish to periodically check the EBR registry up to a few business days after the period mentioned in Items and above. Information about how to access the EBR registry is available from your local library or by calling the Ministry of the Environment at (416) ISSUED at Toronto this 21st day of November, "Originally Signed By" Sarah Paul, Director Ontario Regulation 419/05, s. 35 (14) cc. Mili New, Director, West-Central Region Paul Widmeyer, District Manager(Acting), Hamilton District Office Kathleen O Neill, Director, Environmental Approvals Branch/R. Wan, Supervisor L. Hussain, Manager, Local Air Quality Section, Standards Development Branch 21

22 Appendix A : Portable Gas Detector - Methodology and Instrumentation 1. Definitions (1) For the purpose of this Appendix A, calibration gas means a VOC used to adjust an instrument meter reading to a known value; calibration precision means the degree of agreement between a known concentration and an instrument s measurements of a known concentration; cylinder calibration gas means a calibration gas that is packaged in a cylinder; component interface means the surface of a component where a leak may occur; response factor means the ratio of the known concentration of a VOC to an instrument s measurements of a known concentration; response time means the time from introducing a VOC to an instrument to the time at which 90 percent of the corresponding final value is reached as displayed on the instrument readout meter; zero gas means a gas containing less than 10 ppmv VOCs that is used for the calibrating the zero point of an instrument. (2) For the purposes of the procedures set out in this Appendix, the calibration gas used shall be a VOC of a concentration that is no less than 500 ppm by volume and no more than 3,000 ppm by volume. 2. VOCs Leak Measurement - Instrument Requirements (1) A portable gas detector used for the purposes of this Order shall meet the following criteria: 1. The portable gas detector shall be designed to detect VOCs. The portable gas detector may use, for example, catalytic oxidation, flame ionization, infrared absorption, or photoionization technologies to detect VOCs. 2. The portable gas detector shall be capable of measuring concentrations of VOCs that are as low as 100 parts per million by volume. 3. The scale of the portable gas detector meter shall be readable to at least ±2.5 percent of 100 parts per million by volume. 4. The probe of the portable gas detector shall be fitted with a glass wool plug or filter to prevent plugging of the portable gas detector. 5. The portable gas detector shall be equipped with an electrically-driven pump to ensure that a sample is provided to the detector at a constant flow rate. The nominal sample flow rate, as measured at the sample probe tip, shall be between 0.10 and 3.0 litres per minute. 6. The portable gas detector shall be equipped with a probe, probe extension or sampling system not to exceed 6.4 mm (1/4in) in outside diameter, with a single end opening for admission of sample. 7. The portable gas detector shall be intrinsically safe for operation in explosive airs. 8. The response factor of the portable gas detector, determined in accordance with subsection (2), shall be less than

23 9. The calibration precision of the portable gas detector, determined in accordance with subsection (3), shall be equal to or less than 10 per cent of the calibration gas value. 10. The response time of the portable gas detector, determined in accordance with subsection (4), shall be equal to or less than 30 seconds. (2) The response factor of the portable gas detector shall be determined by recording a response factor published for the portable gas detector or by taking the following steps: 1. Introduce a calibration gas to the probe of the portable gas detector and record the observed meter reading. 2. Introduce a zero gas to the probe of the portable gas detector until a stable reading is obtained. 3. Repeat the steps set out in paragraphs 1 and 2 two more times for a total of three repetitions. 4. Calculate the response factor for each repetition by dividing the known concentration of the calibration gas by the concentration observed under paragraph Determine the response factor of the portable gas detector by taking the average of the three values calculated under paragraph 4. (3) The calibration precision shall be determined by taking the following steps: 1. Introduce a calibration gas to the probe of the portable gas detector and record the observed meter reading. 2. Introduce a zero gas to the probe of the portable gas detector until a stable reading is obtained. 3. Repeat the steps set out in paragraphs 1 and 2 two more times for a total of three repetitions. 4. Calculate the average algebraic difference between the three meter readings taken under paragraph 1 and the known concentration of the calibration gas. 5. Divide the average difference mentioned in paragraph 4 by the known concentration of the calibration gas mixture and multiply the result by 100. (4) The portable gas detector response time shall be determined by taking the following steps: 1. Introduce zero gas to the probe of the portable gas detector. 2. When the meter reading for the zero gas has stabilized, quickly introduce a calibration gas to the probe of the portable gas detector. 3. After introducing the calibration gas, measure and record the time required for the portable gas detector to attain a reading of 90 percent of the known concentration of the calibration gas. 4. Repeat the steps set out in paragraphs 1, 2 and 3 two more times for a total of three repetitions. 5. Determine the response time of the portable gas detector by taking the average of the three values recorded under paragraph 4. (5) A cylinder calibration gas shall not be used for the purposes of this section unless, (a) the concentration of the cylinder calibration gas has been certified by the manufacturer of the gas to be accurate within two per cent, and 23