Multi-Sector Air Pollutants Regulations

 
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ARCHIVED — Vol. 150, No. 13 — June 29, 2016

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Registration

SOR/2016-151 June 17, 2016

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Multi-Sector Air Pollutants Regulations

P.C. 2016-567 June 17, 2016

Whereas, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment published in the Canada Gazette, Part I, on June 7, 2014 a copy of the proposed Multi-Sector Air Pollutants Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 (see footnote c) of that Act;

And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsections 93(1) and 330(3.2) (see footnote d) of the Canadian Environmental Protection Act, 1999 (see footnote e), makes the annexed Multi-Sector Air Pollutants Regulations.

TABLE OF PROVISIONS

MULTI-SECTOR AIR POLLUTANTS REGULATIONS

Overview

1 Parts 1, 2 and 3

Interpretation

2 Definitions

Responsibility

3 Who must comply

PART 1

Boilers and Heaters

Interpretation

4 Definitions

Application

5 Rated capacity at least 10.5 GJ/h

Main Requirements

6 Modern boilers

7 Modern heaters

8 Determination of type of gaseous fossil fuel

9 Transitional boilers and heaters

10 Redesigned boilers and heaters — NOx emission intensity

11 Class 80 and class 70

12 Pre-existing boilers and heaters — classification

13 Major modifications — class 80 and class 70

14 Exception — impossibility

Quantification

Elements of Requirements

15 Input energy from gaseous fossil fuel

Type of Gas

16 Percentage of methane

17 Fixed HHV of commercial grade natural gas

Thermal Efficiency

18 Modern boiler

19 Determination of Ldfg

20 Determination of Lw

21 Commercial grade natural gas — determined or fixed

22 Required HHV methods

23 Constituents of fuel

24 Difference of temperature — preheated air

Determination of NOx Emission Intensity

Stack Test or CEMS Test

25 Conditions

26 Identification — exception to paragraph 25(b)

Stack Tests

27 Three test runs

28 Concentrations of NOx and O2

29 Determination of NOx emission intensity

30 NOx emission intensity — average

31 NOx emission intensity — deemed hours

Continuous Emission Monitoring System

32 Rolling hourly average

Testing

33 Initial test

34 Classification NOx emission intensity — on registration

35 Classification NOx emission intensity — after registration

36 Redetermination after election under subparagraph 34(1)(b)(vi)

37 Redetermination after triggering event

38 Compliance tests — stack or CEMS test

Operation, Maintenance and Design

39 Specifications

Reporting

40 Initial report

41 Classification reports — sections 34 and 35

42 Compliance report

43 Change report

Recording of Information

44 Record-making

PART 2

Stationary Spark-ignition Engines

Interpretation

45 Definitions

Application

46 Pre-existing and modern engines

47 Non-application — low revenue and power

48 Non-application — new owners

49 Synthetic gas and still gas

General

50 Regular-use engines

51 Low-use engines — election

52 Designation as rich-burn engine

53 Applicable units — NOx emission intensity limit

Modern Engines

54 Regular-use — limit

55 Low-use — limit

Pre-existing Engines

Groups

56 Establishment

NOx Emission Intensity Limits

57 Engines not belonging to a group

58 Engines belonging to a group after 2025

59 Engines belonging to a group from 2021 to 2025

Yearly Average NOx Emission Intensity Limits — on Election

60 After 2025 and from 2021 to 2025

61 Election

62 Revocation — on notice

63 Revocation — after conviction

64 Replacement units

65 Designation of subgroups

66 Assignment of default NOx emission value

67 Assignment of non-default NOx emission value

68 NOx emission intensity limit — non-default NOx emission values

Determination of NOx Emission Intensity

Performance Tests

69 NOx emission intensity limits

70 Three test runs

71 Sampling ports

72 Concentration of NOx

73 ppmvd15%

74 g/kWh

75 NOx emission intensity — average

76 NOx emission intensity — deemed days

77 Performance tests

78 Subsequent performance test

Emissions Checks

79 When emissions check required for certain engines

80 Using electrochemical analyzer

81 Calibration error checks and interference responses

82 Analyzer — operation and maintenance

83 Sequence of calibration error checks

84 Reading for CO and NO interference responses

85 Invalid emissions check — calibration and interference

86 Emissions check — sampling ports

87 Operating conditions for emissions checks

88 Emissions check — sampling procedure

89 Concentration of O2, CO, NO and NO2 — average

90 Invalid emissions check — temperature

Performance Tests and Emissions Checks

91 Periods when not conducted

92 Extended period for new owners

93 Extended period — last day

Engine Management

94 Nameplate

95 Operation and maintenance

96 Air-fuel ratio

Registry, Reporting and Recording of Information

97 Engine registry

98 Change of information — engine registry

99 Compliance reports

100 Record-making

PART 3

Cement

101 Definitions

102 Application — grey cement

103 Obligation — over two consecutive years

104 Emission limit — NOx

105 Emission limit — SO2

106 Quantity of NOx and SO2 — CEMS

107 Quantity of clinker

108 Compliance report

PART 4

General

Continuous Emission Monitoring Systems

109 CEMS Reference Method — compliance

110 Annual audit

Measuring Devices

111 Installation, operation, maintenance and calibration

Alternative Rules

112 Application

113 Approval

114 Application of approved alternative rule

115 Notice to apply replaced rule

116 Refusal — false, misleading or incomplete information

117 Revocation by Minister

118 Revocation under law

119 Rule after notification or revocation

Reporting, Providing, Recording and Retention of Information

120 Electronic provision

121 Record-making

122 Corrections

123 Notification of testing

Amendments to these Regulations

124 Section 11

125 Subsection 12(1)

126 Paragraph 26(4)(a)

127 Paragraph 33(3)(c)

128 Section 35 and 36

129 Subsection 37(1)

130 Subsection 41(1)

131 Paragraph 43(1)(g)

132 Section 45 — definition subset

133 Section 49

134 Section 53

135 Section 57

136 Sections 58 and 59

137 Section 60

138 Paragraph 62(2)(c)

139 Paragraph 63(2)(b)

140 Section 69

141 Paragraph 77(b)

142 Subsection 94(1)

143 Paragraph 95(1)(b)

144 Paragraph 96(b)

145 Reference to Schedule 5

146 Paragraph 3(n) of Schedule 9

147 Section 4 of Schedule 10

Coming into Force

148 Registration

SCHEDULE 1

EC CEMS Code Modifications

SCHEDULE 2

Alberta CEMS Code Modifications

SCHEDULE 3

Default Higher Heating Values

Table 1

Solid Fuels

Table 2

Liquid Fuels

Table 3

Gaseous Fuels

SCHEDULE 4

Loss of Thermal Efficiency — Watertube Boilers

SCHEDULE 5

Classification Report (Boilers and Heaters) — Information Required

SCHEDULE 6

Initial Report (Boilers and Heaters) — Information Required

SCHEDULE 7

Compliance Report (Boilers and Heaters) — Information Required

SCHEDULE 8

Non-application (Engines) — Information Required

SCHEDULE 9

Engine Registry — Information Required

SCHEDULE 10

Compliance Report (Engines) — Information Required

SCHEDULE 11

Compliance Report (Cement Manufacturing Facilities) — Information Required

SCHEDULE 12

Auditor’s Report — Information Required

Multi-Sector Air Pollutants Regulations

Overview

Parts 1, 2 and 3

1 (1) For the purpose of protecting the environment and human health, Parts 1, 2 and 3 of these Regulations establish, respectively, requirements for the emission of the following air pollutants:

  • (a) NOx from boilers and heaters in certain regulated facilities in various industrial sectors;
  • (b) NOx from stationary spark-ignition engines that combust gaseous fuels in certain regulated facilities in various industrial sectors; and
  • (c) NOx and SO2 from cement manufacturing facilities.
  • Part 4 — General

    (2) Part 4 sets out general rules related to

    • (a) the CEMS Reference Method that governs the use of a Continuous Emissions Monitoring System;
    • (b) alternative rules to those set out in documents incorporated by reference into these Regulations; and
    • (c) the reporting, providing, recording and retention of information.
    • Interpretation

      Definitions

      2 (1) The following definitions apply in these Regulations.

      Act means the Canadian Environmental Protection Act, 1999. (Loi)

      Alberta CEMS Code means the method entitled Continuous Emission Monitoring System (CEMS) Code (Pub. No.: Ref. 107) — published in May 1998 by Her Majesty the Queen in right of Alberta, as represented by the Minister responsible for Alberta Environmental Protection — as read in accordance with subsection (4). (Code SMECE de l’Alberta)

      alumina facility means a facility that is used or designed to produce alumina from bauxite for use in the production of aluminum. (installation de production d’alumine)

      aluminum facility means a facility that is used or designed

      • (a) to produce aluminum from alumina;
      • (b) to produce prebaked anodes for use in the production of aluminum; or
      • (c) to calcinate petroleum coke for use in the production of aluminum. (aluminerie)
      • asphalt refinery means a facility — other than a petroleum...

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