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Regulation Proposal Notice:   EBR Registry Number:   012-6013
Title:
Amendment to O. Reg. 535/05 – Ethanol in Gasoline
 
Ministry:
Ministry of the Environment and Climate Change
Date Proposal loaded to the Registry:
February 01, 2016
 
 
Keyword(s):   Air
The comment period for this proposal is now over.
 
Description of Regulation:

The Ministry is proposing to make the following amendments to the Ethanol in Gasoline regulation (O. Reg. 535/05) under the Environmental Protection Act, R.S.O. 1990, c.E.19.

  1. That the definition of “cellulosic ethanol” in Subsection 1(1) of the regulation be revised to include the addition of the bio-based component of post-diverted Municipal Solid Waste and that a subsection be added to Section 4 to require that this bio-based component be determined according to a prescribed testing frequency and the following test method:

    • American Society for Testing and Materials (ASTM) document ASTM D6866-12

  2. That the following be removed from the regulation:

    • Outdated, time-limited exemption for, and references to, Northern Ontario (definition of “Northern Ontario” in Subsection 1(1) and definition “F” in subsection 4(1); Subsections 3(3) and Clause 5(2)(c))
    • Outdated exemption for fuel produced for a limited time under a fuel quality variance (Subsections 2(6) and 2(7))

  3. That Subsection 2(1) be updated to reference the latest versions of applicable fuel standards for ethanol-blended gasoline:

    • Canadian General Standards Board (CGSB) document CAN/CGSB -3.511-2011
    • American Society for Testing and Materials (ASTM) document ASTM D5798-12

  4. That Subsection 2(2) be updated to reference the latest versions of applicable fuel standards for ethanol:

    • Canadian General Standards Board (CGSB) document CAN/CGSB-3.516-2011
    • American Society for Testing and Materials (ASTM) document ASTM D4806-15

Purpose of Regulation:

The Ethanol in Gasoline regulation mandates that gasoline placed in the Ontario market contain an annual average of at least 5 per cent ethanol content by volume. In recognition of its broad environmental benefits, volumes of fuels meeting the definition of cellulosic ethanol are multiplied by 2.5 when determining compliance.

The proposed amendments would allow Municipal Solid Waste to qualify for the cellulosic ethanol multiplier in proportion to the demonstrated bio-based content of post-diverted feedstock. The proportion of ‘bio-based’ content would have to be demonstrated using the carbon test methodology ASTM D6866-12 “Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis” and calculated in accordance with O. Reg. 535/05 Section 4.

Fuel suppliers will continue to be required to keep records necessary to verify the information in each compliance report for a period of seven years following the end of the relevant compliance year.

The proposed amendments would also streamline the regulation by removing portions that are no longer applicable: outdated implementation references to Northern Ontario and to fuel produced for a limited time under a fuel quality variance.

The proposed amendments would incorporate the current CGSB and ASTM standards for ethanol and ethanol-blended gasoline.

Public Consultation:

This proposal was posted for a 60 day public review and comment period starting February 01, 2016. Comments were to be received by April 01, 2016.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

 
Contact:

Glynn Robinson
Senior Policy Coordinator
Ministry of the Environment and Climate Change
Climate Change and Environmental Policy Division
Air Policy Instruments and Programs Design Branch
77 Wellesley Street West
Floor 10
Ferguson Block
Toronto Ontario
M7A2T5
Phone: (416) 314-2412

Additional Information:

The following government offices have additional information regarding this Proposal. To arrange a viewing of these documents please call the Ministry Contact or the Office listed below.

Air Policy Instruments and Programs Design Branch
77 Wellesley Street West
Floor 10
Ferguson Block
Toronto Ontario
M7A2T5
Phone: (416) 314-3923

The documents linked below are provided for the purposes of enhancing public consultation.
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