Environmental Quality Branch

AIR QUALITY LEGISLATION

1. British Columbia Statutes

Environmental Management Act

The Environmental Management Act (EMA) replaces the Waste Management Act and the Environment Management Act and brings provisions from both of those acts into one statute. The EMA provides enabling provisions for modern environmental-management tools — such as area-based planning and administrative monetary penalties.

Along with the commencement of the EMA, several new regulations and regulatory amendments have been made. For more information on the EMA, including the new and amended regulations, see the Environmental Management Act website.

2. Regulations under the Environment Management Act

Ozone Depletion

Ozone Depleting Substances and Other Halocarbons Regulation
February 1993, amended November 1999 and July 2004

In February 1993, the B.C. government passed a regulation to control ozone-depleting substances (ODS) stored in products and equipment, and encourage consumers and industry to use environmentally safe alternatives. Originally called the Ozone-depleting Substances Regulation, the regulation covered all CFCs, halons and HCFCs, as well as methyl chloroform and carbon tetrachloride.

This regulation was amended in November 1999, mainly to include HFCs and PFCs, and strengthen certain requirements. It is now called the Ozone-Depleting Substances and Other Halocarbons Regulation.

On July 8, 2004, the regulation was amended again, to harmonize with the updated National Action Plan. This plan, developed by the Canadian Council of Ministers of the Environment, aims to accelerate the phaseout of CFC and halon use, and dispose of surplus stocks of these ODS.

The amendments to the B.C. regulation include:

• additional restrictions on CFC refills in the mobile and commercial refrigeration sectors;
• refill restrictions on halon fire extinguishers; and
• revised provisions regarding seller take-backs of surplus CFC refrigerants.

For more details on the 2004 amendment, visit this website.

Smoke and Burning

Open Burning Smoke Control Regulation
April 1993, amended 1998, 2000

The Open Burning Smoke Control Regulation (B.C. Reg. 145/93) is meant to encourage the reduction and reuse of vegetative debris from these operations, whenever possible.

A Guide to the Open Burning Smoke Control Regulation
Updated September 2000

This is a general guide to the Open Burning Smoke Control Regulation, which is part of the Environmental Management Act. It will help you determine if the regulation applies to the burn you intend to undertake. It also describes the regulatory limits on burning, and the circumstances under which you may have to ask the Ministry of Environment (or the Greater Vancouver Regional District within its boundaries) for permission to burn.

Solid Fuel Burning Domestic Appliance Regulation
August 1994

This specifies particulate emission limits, and labeling and testing requirements, for new solid fuel (wood) stoves, fireplace inserts and factory-built fireplaces manufactured after November 1, 1994.

Wood Residue Burner and Incinerator Regulation
December 1995, includes amendments up to 2004

Under this regulation, wood residue (beehive and silo) burners in populated areas (Tier 1) are to be shut down by the end of 2007. Of the original 80 Tier 1 burners, 73 have now been shut down. Eliminating these inefficient burners, which frequently cast palls of smoke over many valleys, will lead to cleaner air in many regions.

Vehicle and Fuel Emissions

Cleaner Gasoline Regulation
December 1995

The Cleaner Gasoline Regulation establishes standards for gasoline that will significantly reduce emissions of harmful pollutants, such as volatile organics, nitrogen oxides, sulphur oxides and toxics.

Gasoline Vapour Control Regulation
May 1995

This regulation requires the installation and use of gasoline vapour control systems at service stations, bulk gasoline storage plants, gasoline terminals and on truck cargo tankers. These systems are designed to prevent the escape of gasoline vapours into the atmosphere during the transfer of gasoline between fuel storage tanks and cargo tankers.

Gasoline Vapour Control Regulation Guide to Compliance
March 1996

This guide has been published to help individuals and companies install and use gasoline vapour control systems, in compliance with the Gasoline Vapour Control Regulation.

Motor Vehicle Emissions Control Warranty Regulation
April 1996

This prohibits the sale or the making available for sale, of a motor vehicle in British Columbia unless the manufacturer promises to fix the vehicle free of charge if there are defects in materials or workmanship that cause the vehicle to fail emission standards, or the vehicle fails AirCare.

Industrial Emissions

Sulphur Content of Fuel Regulation
March 1989

This regulation deals with the allowable content of sulphur in all fuel in British Columbia.

Asphalt Plant Regulation
June 1997

The Asphalt Plant Regulation sets safe environmental limits for asphalts plants, and moves away from the previous practice of making a separate permit for each asphalt plant.