| (1) | A holder must minimise the emissions associated with the venting of hydrocarbon fluids and natural gas during hydraulic fracturing operations by— |
| (a) | routing the recovered fluids into storage vessels and— |
| (i) | routing the recovered gas into a gas gathering line, collection system, or to a generator for onsite energy generation subject to section 20 of the Act; or |
| (ii) | using a method other than venting. |
| (b) | employing sand traps, surge vessels, separators and tanks as soon as practicable during cleanout operations to safely maximise resource recovery and minimise releases to the environment. |
| (2) | If a holder establishes that it is technically infeasible to minimise emissions associated with the venting of hydrocarbon fluids and natural gas during hydraulic fracturing using the methods specified in subregulation (1), the designated agency must require the holder to capture and direct any natural gas produced during the hydraulic fracturing operations phase to a flare, except in conditions that may result in fire hazards or explosion. |
| (3) | A flare used as contemplated in subregulation (2) must be equipped with a reliable continuous ignition source over the duration of hydraulic fracturing operations and a holder must maintain and operate the flare in accordance with the manufacturer's specifications. |
| (4) | In order to establish the technical infeasibility contemplated in subregulation (2), a holder must demonstrate, for each well site, on an annual basis, that taking the actions listed in subregulation (1) is not feasible based on a site-specific analysis. |
| (5) | A holder that uses a flare during hydraulic fracturing, other than emergency conditions, must file an updated site-specific analysis, annually, with the designated agency. |
| (6) | The site-specific analysis contemplated in subregulation (4) must have details about whether any changes have occurred that alter the technical infeasibility of a holder to reduce the emissions as contemplated in subregulation (1). |
| (7) | A holder must, on a quarterly basis, record and report to the designated agency, the amount of gas flared or vented from each hydraulic fracturing well. |
[Regulation 127 inserted by section 2 of Notice No. R. 466 dated 3 June 2015]
