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ARCHIVED - Questions and Answers on the Federal Questions and Answers on the Federal Sulphur in Diesel Fuel Regulations
- Outline of the Regulations
- General Questions
- 1. Interpretation
- 2. Application
- 3. Maximum Concentration of Sulphur
- 4. Analysis
- 5. Reports
- 6. Records
- 7. Repeal
- 8. Coming Into Force
- Other Questions
- New Questions
- Appendix A: Addresses of Environment Canada's Regional Offices
- Appendix B: Maps of Northern Supply Area
- How long are records required to be kept under the Sulphur in Diesel Fuel Regulations?
Under the Sulphur in Diesel Fuel Regulations, records must be maintained for five years after they are made.
- How long are records required to be kept under the Diesel Fuel Regulations?
Under the Diesel Fuel Regulations, records must be maintained for five years after they are made. All obligations to maintain records under the Diesel Fuel Regulations will continue for a period of five years even after the Sulphur in Diesel Fuel Regulations come into force.
- Where must the records be kept?
Subsection 6(3) requires that records be kept at the production facility in Canada or at the place of business of the importer in Canada as identified in Schedule 2. All records must be kept in Canada, and enforcement officers, as well as analysts designated under section 217 of CEPA 1999, must have ready access to them.
- How will records be requested by Environment Canada?
Access to records would normally be requested by Environment Canada enforcement officers and/or CEPA analysts inspecting a facility. During an inspection, the officers or analysts may also request samples of diesel fuel.
- I produce or import only off-road diesel fuel. What records do the regulations require me to keep?
Every person who produces or imports diesel fuel shall keep a record of each batch of diesel fuel produced or imported that indicates the volume of the batch and,
a) until May 31, 2006, whether the concentration of sulphur of the batch exceeded 500 mg/kg; and
b) after May 31, 2006, whether the concentration of sulphur of the batch exceeded 15 mg/kg.
Every person who produces or imports diesel fuel with a concentration of sulphur exceeding the concentration referred to above (a and b) must, prior to dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as "not suitable for use in on-road vehicles", along with the date of the dispatch or importation of the batch.
- I only sell diesel fuel. What records do the regulations require me to keep?
- Am I required to identify whether diesel fuel is for on-road or off-road use?
For each batch of diesel fuel that you produce or import, you must keep a record of whether the concentration of sulphur exceeded the 500 mg/kg or 15 mg/kg limits. Prior to dispatch or importation of a batch that exceeds those limits, you must identify the batch in a record as "not suitable for use in on-road vehicles".
- When do the records need to be made?
A record identifying the type of diesel fuel (subsection 6(2)) must be made prior to the dispatch or importation of a batch. Other records required by the regulations (Section 5) should be made as soon as possible, so that the record is available to an enforcement officer and/or analyst making an inspection of your facility.
- Continuous blending and on-line blending may involve a combination of testing and calculations to derive the sulphur concentration and quality of a blend, instead of a single concentration as measured in accordance with Section 4. How do I identify the batch to satisfy the records requirements under Section 6?
Section 6 requires that a person producing diesel fuel identify in a record any batch that exceeds the prescribed limits as "not suitable for use in on-road vehicles" prior to dispatch from the production facility. Under the regulations, a batch is an identifiable quantity of diesel fuel with a single concentration of sulphur as measured in accordance with Section 4.
- What do I do if I did not identify a batch as "diesel not suitable for use in on-road vehicles" and later I discovered it did not meet the limits in the regulations?
You would be in violation of the regulations. The batch must be identified properly prior to dispatch.
- Can I identify a batch as "not suitable for use in on-road vehicles, pending completion of analysis" and then re-designate it as on-road diesel fuel, depending on the results of the test?
No. If you are a producer or importer, you must identify any batch of diesel fuel with a sulphur concentration exceeding 500 mg/kg (up to May 31, 2006) or exceeding 15 mg/kg (after May 31, 2006) as "not suitable for use in on-road vehicles" as per subsection 6(2) prior to dispatch from your facility or prior to importation.
- Are other similar wordings for "diesel not suitable for use in on-road vehicles" for the purposes of Section 6(2) acceptable?
- What date is deemed the date of dispatch for batches that continue over more than one calendar day?
The regulations do not specify the date of dispatch for batches that continue over more that one day.
- What are the identification requirements for inter-refinery transfers of diesel fuel?
The requirements of subsection 6(2) apply to all diesel fuel that a person produces or imports.
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