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ARCHIVED - Questions and Answers on the Federal Questions and Answers on the Federal Sulphur in Diesel Fuel Regulations

5. Reports

Identification Information (subsections 5(4) and 5(5))

  1. Who is required to submit information under subsection 5(4)?

    Every person who produces or imports diesel fuel (low-sulphur or regular).

  2. When do I submit the information under subsection 5(4)?

    If you produce or import diesel fuel, you are required to submit the information within 60 days after the regulations come into force, (i.e. by March 2nd, 2003). If you commence to produce or import diesel fuel after that date, you are required to submit the information 15 days before you produce or import diesel fuel for the first time.

  3. What are the requirements under Section 4(b) if I will be importing diesel fuel from a new location during the first 15 days of January 2003?

    The regulations specify that the information set out in Schedule 2 be submitted the latter of:
    (a) 60 days after the day on which these Regulations come into force, and
    (b) 15 days before the person produces or imports diesel fuel for the first time.

    You would therefore be required to submit the information by March 2, 2003.

  4. How do I submit the information?

    You submit the information set out in Schedule 2 of the Sulphur in Diesel Fuel Regulations to the applicable regional office of Environment Canada. The addresses of these offices are provided in Appendix A of this guidance document. You must provide information on all of your production facilities and all usual points of importation.

  5. Will Environment Canada issue me a registration or identification number after I submit the information required in Schedule 2?

    Environment Canada does not plan to issue such numbers under the Sulphur in Diesel Fuel Regulation.

  6. What am I required to do if there are changes to the information that I submitted?

    You must notify the Minister in writing of any changes in the information that you have provided in Schedule 2, no more than five days after the change. The only exception to that requirement is any change in the information on your typical annual volumes. If typical annual volume changes, no update is required.

    Submit changes to the applicable regional office of Environment Canada. The addresses of these offices are provided in Appendix A.

  7. Why are producers and importers required to submit identification information?

    The purpose of requiring the submission of identifying information to Environment Canada is to aid in the administration of the regulations. It allows Environment Canada to identify persons who produce or import diesel fuel and provides basic information needed to administer the regulations.

  8. Quarterly Reports

  9. I produce or import both on-road and off-road diesel fuel. What information do the regulations require me to report quarterly?

    You are required to submit the information set out in Schedule 1 of the Sulphur in Diesel Fuel Regulations along with the total volume of diesel fuel, in cubic metres, with a concentration of sulphur that was less than or equal to 500 mg/kg until May 31, 2006 or that was less than or equal to 15 mg/kg after May 31, 2006 that you sold in each province or territory.

  10. What units should be used for reporting requirements?

    Subsection 7(1) of Schedule 1 of the regulations specifies that sulphur concentration is to be reported as mg/kg, or percent by weight if the units are identified.

  11. I produce/import only off-road diesel fuel (sulphur concentration greater than 500 mg/kg until May 31, 2006, greater than 15 mg/kg after that date ). What do I report?

    You are required to submit the information set out in Schedule 1 of the Sulphur in Diesel Fuel Regulations. If all the diesel fuel you produce has a sulphur concentration greater than 500 mg/kg until May 31, 2006, and greater than 15 mg/kg after that date, then paragraph 5 (1) (a) will not apply to you. (That paragraph requires reporting of the total volume of diesel fuel with a concentration of sulphur that was less than or equal to 500 mg/kg until May 31, 2006 or that was less than or equal to 15 mg/kg after May 31, 2006 that was sold in each province or territory by the producer or importer.)

  12. I only sell diesel fuel, what do I report under the regulations?

    If you are not a producer or importer of diesel fuel, and only sell diesel fuel, you are not required to report under the regulations.

  13. When must the quarterly reports be submitted?

    Quarterly reports are to be submitted within 45 days after the end of each calendar quarter. The first report under the Sulphur in Diesel Fuel Regulations is due by May 15th, 2003. You are not required to submit a quarterly report for last quarter of 2002 under the Sulphur in Diesel Fuel Regulations. However, the quarterly report required by the Diesel Fuel Regulations for the last quarter of 2002 must be submitted by January 30, 2003.

  14. a) The Diesel Fuel Regulations remain in effect until December 31, 2002. Those regulations require producers and importers to report information quarterly. The Sulphur in Diesel Fuel Regulations also require quarterly reporting, but there are some differences in the information that must be reported.

    What information am I required under the Diesel Fuel Regulations to report by January 30, 2003 in respect of diesel fuel that I produced or imported during the last quarter of 2002?

    The quarterly report required by the Diesel Fuel Regulations for the last quarter of 2002 must be submitted by January 30, 2003.

    b) What information am I required under the Sulphur in Diesel Fuel Regulations to report by February 14, 2003 in respect of diesel fuel that I produced or imported during the last quarter of 2002?

    You are not required to submit a quarterly report for last quarter of 2002 under the Sulphur in Diesel Fuel Regulations. (See (a) above). The first report under the Sulphur in Diesel Fuel Regulations is due May 15, 2003.

  15. For which facilities do I submit the quarterly report?

    The Quarterly Report of Sulphur Concentration in Diesel Fuel (Schedule 1) must be submitted separately for each facility at which a person produces diesel fuel and for each province or territory into which a person imports diesel fuel.

  16. Are reports required for facilities in the distribution network that may occasionally blend diesel and other distillate components?

    Paragraph 5 (1) (b) of the regulations requires you to submit a report for each facility at which you produce diesel fuel.

  17. I have multiple import points in a province or territory. Do I submit a quarterly report for each import point?

    There is only one report required per province or territory of import.

  18. To whom do I send the report?

    Reports are to be submitted to the applicable regional office of Environment Canada. The addresses of these offices are provided in Appendix A.

  19. Who is an authorized official?

    In respect of a corporation, an "authorized official" is an officer of the corporation who is authorized to act on its behalf. In respect to any other person (whether an individual, a commercial entity or a government body) the authorized official is the person authorized to act on behalf of the individual, commercial entity or government body.

  20. Can an officer of a corporation delegate a senior official of the corporation to act on his/her behalf for the purposes of being an "authorized official"?

    No. If the producer or importer is a corporation, the regulations require that an officer of the corporation sign the relevant forms.

  21. Why has the quarterly reporting submission deadline been changed to 45 days in this regulation from 30 days in the repealed Diesel Fuel Regulation?

    The date specified for submission of reports has been changed from 30 days after the quarter in the Diesel Fuel Regulations to 45 days after the quarter in the Sulphur in Diesel Fuel Regulations to make it consistent with reporting requirements of the Benzene in Gasoline Regulations and Sulphur in Gasoline Regulations under CEPA 1999.

  22. Are the reports the same as those I submit under the Fuels Information Regulations, No. 1?

    No. The reports under the Fuels Information Regulations, No. 1 contain quarterly data on sulphur levels in a number of liquid fuels, including diesel fuel. Those reports are required to be submitted by January 31 of the following year.

  23. Under the old Diesel Fuel Regulations, I could use the same forms that I used for submitting information under the Fuels Information Regulations, No. 1. Can I still use these forms under the new Sulphur in Diesel Fuel Regulations?

    The new regulations do not specify what forms can be used. They require that the regulatee submit the information listed in Schedule 1. This information contains items not found in the current form for the quarterly reports under the Fuels Information Regulations, No. 1.

  24. If I do not produce or import diesel fuel during a reporting period, do I still have to submit a report?

    No. However a courtesy nil report is welcome if this is an unusual occurrence, and will reduce calls from Environment Canada.

  25. Are there any further reporting requirements outside of Schedule 1 and Schedule 2?

    Yes. Paragraph 5(1)(a) requires producers and importers to report the total volume of diesel fuel, in cubic metres, with a concentration of sulphur that was less than or equal to 500 mg/kg until May 31, 2006 or that was less than or equal to 15 mg/kg after May 31, 2006 that was sold in each province or territory by the producer or importer.

  26. Is there a form for the reporting of sales in each province or territory?

    No.

  27. Is report form 45-004-xpb, Refined Petroleum Products, which is provided to Statistics Canada an acceptable means to fulfill the requirements of Section 5(1)(a).

    The regulations specify the information to be provided and do not address the form in which it is to be provided. If the form provides the information specified in Section 5(1)(a), then it is acceptable.

  28. Why are quarterly reports required?

    Environment Canada considers that a certain minimum amount of information is required to be reported for monitoring purposes. The regulations retain the requirement for quarterly reporting of diesel sulphur levels that was required under the existing Diesel Fuel Regulations.

  29. Can I submit electronic copies for reporting purposes?

    A report signed by an authorized official is required.

  30. Where and when do I submit the reports to Environment Canada?

    Reports are submitted to the applicable regional office of Environment Canada (addresses are listed in Appendix A).

  31. The quarterly reporting requirements contain confidential business information. How will Environment Canada protect this information from disclosure?

    Information that is submitted will be subject to the Access to Information Act, and the Privacy Act. In addition, section 313 of CEPA 1999 allows any person submitting information to the Minister of Environment to request that information be treated as confidential. The request for confidentiality must be made to the Minister in writing, and section 315 of the Act allows the Minister to over-ride that request in specific circumstances set out in that section of the Act.

  32. If the information submitted under the quarterly reporting requirements of the regulations is used in reports or other publications by Environment Canada, will individual company data be aggregated regionally, to maintain data confidentiality?

    Environment Canada considers information on volume of fuels produced or imported by a company to be confidential. Company reported information on fuel quality may be presented in public reports.

  33. How will the information that is submitted under the quarterly reporting requirements be used?

    The information will be used by Environment Canada to report on and monitor diesel fuel quality.

  34. Alternative Test Methods

  35. Subsection 5(3) states "… methods referred to in paragraphs (2)(b), (c), (e) and (f) are to be used for reporting purposes only and shall not be used for the purpose of determining compliance … ". What does this mean?

    The methods referred to in section 5(2) may be used for reporting purposes. The test methods specified in section 4 are used to determine compliance with the regulations. In the case of any conflict in the results obtained from the methods, the reference test methods specified in section 4 will prevail.

  36. Can I use an alternative test method to determine if diesel fuel that I produce, import or sell meets the sulphur limit?

    No. The regulations specify that an alternative test, that is equivalent to the one stipulated in the regulations, may be used for reporting purposes only.

  37. Subsection 4(1) specifies method CGSB-3.0 No. 16.0-95 for analysis until December 31, 2003. Subsection 5(2) allows use of other methods for the purposes of reporting. If a refinery implements ASTM D5453 or D-2622 prior to 2004, will it be necessary to run duplicate sulphur measurements until December 31, 2003?

    The regulations do not require companies to run duplicate sulphur measurements. A company may choose to use a method specified in subsection 5(2) for the purposes of reporting. The methods specified in section 4 will be used to determine compliance with the limits set out in section 3.

  38. How do I apply to use an equivalent test method?

    At least 60 days before the method is to be used, you must send to Environment Canada, by registered mail or courier, (i) a description of the proposed equivalent method, and (ii) evidence demonstrating that the proposed analysis method is "equivalent" to the method specified in Section 4 of the Sulphur in Diesel Fuel Regulations. The information should be sent to the applicable regional office of Environment Canada. The addresses of these offices are provided in Appendix A.

  39. How do I demonstrate that the alternative method is equivalent to the one specified in Section 4 of the Sulphur in Diesel Fuel Regulations?

    Methods must be validated as equivalent in accordance with ASTM D-4855-97 published by the American Society of Testing and Materials.

  40. If equivalency of a test method has been demonstrated by another regulatee, may I use it?

    A producer or importer of diesel fuel may use alternative analysis methods to meet reporting requirements, provided that it advises Environment Canada and submits evidence demonstrating equivalency at least 60 days before use of the method. Alternative test methods must be validated as equivalent under subparagraph 5(2)(f)(i).

    Producers or importers of diesel fuel intending to use an alternative analysis method approved for use by another regulatee may reference the evidence provided by the other regulatee in demonstrating equivalency. The producer or importer of diesel fuel still must advise Environment Canada if it intends to use an alternative analysis method at least 60 days before use (subparagraph 5 (2)(f)(ii)).

  41. Is a test method for measuring sulphur that has been approved for use under a U.S. fuel regulation automatically equivalent under section 5?

    No. An alternative test method must be demonstrated to be equivalent under section 5(2)(f) in order to be used. See question 5.28.

  42. Can I use an equivalent method that was approved under the Benzene In Gasoline Regulations?

    You can only use a test method pursuant to paragraph 5(2)(f) of the Sulphur in Diesel Fuel Regulations, which requires that test methods be validated as equivalent and that you provide the Minister with the specified information.

  43. Why do the regulations allow equivalent methods of analysis for sulphur content for reporting purposes?

    The Sulphur in Diesel Fuel Regulations allow test methods that are validated as being equivalent to be used for reporting purposes. The regulations allow such methods to reduce administrative costs to industry associated with the regulations

  44. Under what circumstances can Environment Canada reject an alternative method?

    Environment Canada may reject an alternative method for reporting purposes at any time if it is determined that the alternative method does not provide equivalent results to the applicable method. Environment Canada will notify the producer or importer of diesel fuel if a method is rejected.

  45. Will Environment Canada issue a list of methods that have been demonstrated to be equivalent to the test method for reporting purposes?

    Environment Canada plans to establish and maintain a list of test methods that have been validated as equivalent to the test method for reporting purposes identified in the regulations.

  46. Why are several alternative test methods allowed only until December 31, 2003 (e.g. ASTM D 6428-99, ASTM D 2622-98, CAN/CGSB-3.0 No. 16.0-95, and ASTM 1266-98)

    The Diesel Fuel Regulations specified several methods as acceptable for reporting the sulphur content of diesel fuel. The Sulphur in Diesel Fuels Regulations allow continued use of these methods for reporting purposes until December 31, 2003, at which point the reference test method changes to ASTM D5453-00. After December 31, 2003, alternative test methods may be used only if they are validated as equivalent to that method under paragraph 5(2)(f).

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