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Bulletin 2008-47

December 17, 2008

New ERCB Directive 073: Requirements for Inspection and Compliance of Oil Sands Mining and Processing Plant Operations in the Oil Sands Mining Area Issued

The Energy Resources Conservation Board (ERCB) announces the release of Directive 073: Requirements for Inspection and Compliance of Oil Sands Mining and Processing Plant Operations in the Oil Sands Mining Area. The directive codifies existing ERCB requirements and presents procedures for inspection and compliance of oil sands mining and processing plant operations in the oil sands mining area. The directive also includes new requirements for oil sands mining and processing plant operations. It will aid staff in carrying out detailed inspections of oil sands mining and processing plant operations in a consistent manner, as well as inform industry personnel about what is required to achieve a satisfactory ERCB inspection.

The ERCB earlier invited stakeholder feedback on the draft directive, as discussed in Bulletin 2008-16. A review of comments and questions received resulted in the following key changes incorporated into the final directive:

• clarification of the issue of superseding existing directives,
• clarification concerning overlapping jurisdictions of the ERCB and AENV, and
• providing grandfathered facilities (existing facilities and approved projects) with the option of meeting Directive 055: Storage Requirements for the Upstream Petroleum Industry or verifying the integrity of aboveground and underground tanks using Canadian Council of Ministries of the Environment (CCME) or API 653 guidelines.

The requirements in Directive 073 are effective December 17, 2008. A six-month phase-in period for this directive will take place before the new requirements face enforcement measures. This will allow operators and ERCB staff to assess the applicability of the risk-ranked items in Appendix 1 associated with the new requirements. If there are any discrepancies with the risk ranking, changes can be made during this timeframe. If a noncompliance issue is identified regarding existing requirements, the ERCB will take enforcement measures as appropriate on a case-by-case basis. However, enforcement will not be issued on new requirements during the phase-in period.

Directive 073 is available on the ERCB Web site www.ercb.ca under Industry Zone : Rules, Regulations, Requirements : Directives. Questions and answers, updates, and further details on the inspection and compliance requirements and procedures will be posted on the Web site as available.

<original signed by>

Stephen Smith
Executive Manager
ERCB Fort McMurray Regional Office