Is vapour from diesel and furnace oil storage tanks at petroleum terminals exempt from section 9 of the Environmental Protection Act?
It is not exempt. A Certificate of Approval is required. Exemptions under Ontario Reg. 455/94 are listed below: Section 9 of the Act does not apply to the discharge or potential discharge of gasoline vapour into the natural environment from terminals, bulk plants or service stations. Ontario Reg. 455/94, s. 2. (Note: Ontario Reg. 455/94, Recovery of Gasoline Vapour in Bulk Transfers, under the EPA is specific to those that have a vapour recovery unit). In addition, Section 9 of the Act does not apply to any equipment, apparatus, mechanism or thing that is used at a retail facility to dispense natural gas or propane to vehicles or for direct sale. Ontario Reg. 524/98 Certificate of Approval Exemptions – Air, s. 1.(1) 16.