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Multi-Sector Air Pollutants Regulations (SOR/2016-151)

Regulations are current to 2020-10-05 and last amended on 2020-09-21. Previous Versions

PART 1Boilers and Heaters (continued)

Testing (continued)

Marginal note:Redetermination after triggering event

  •  (1) Subject to subsection (6), the classification NOx emission intensity of the following boilers or heaters must be redetermined after the occurrence of a triggering event:

    • (a) a class 70 boiler or heater that has not undergone a major modification, if the triggering event occurs on or before December 31, 2025; and

    • (b) a class 40 boiler or heater, if the triggering event occurs on or before December 31, 2035.

  • Marginal note:Replacement

    (2) The redetermination under subsection (1) replaces the most recent classification NOx emission intensity for the boiler or heater determined under subsection 34(1) or 35(1) or redetermined under subsection 36(1) only if the redetermined classification NOx emission intensity is greater than that most recent classification NOx emission intensity.

  • Marginal note:Triggering event

    (3) There are two kinds of triggering event, namely,

    • (a) a change in the type of gaseous fossil fuel that is combusted, from natural gas to alternative gas, or vice versa; and

    • (b) the installation of equipment to preheat air on a boiler or heater that combusts gaseous fossil fuel.

  • Marginal note:Redetermination

    (4) The redetermination is to be made in accordance with paragraph 34(1)(a) or any of subparagraphs 34(1)(b)(i) to (vi) during a reference period referred to in subsection (5) while the boiler or heater is

    • (a) for a triggering event described in paragraph (3)(a), combusting natural gas or alternative gas, whichever type of gaseous fossil fuel was not combusted during the most recent determination; and

    • (b) for a triggering event described in paragraph (3)(b), operating with preheated air.

  • Marginal note:Reference period

    (5) The reference period begins on the day on which the triggering event occurs and ends on the earlier of

    • (a) the day that is six months after that day, and

    • (b) December 31, 2035.

  • Marginal note:Only one redetermination

    (6) For each kind of triggering event described in subsection (3), only one redetermination must be made under subsection (1), no matter how many triggering events of that kind may occur.

Marginal note:Compliance tests — stack or CEMS test

  •  (1) During a reference period referred to in subsection (4), a compliance test must be conducted to determine the NOx emission intensity of a boiler or heater that has a rated capacity of greater than 105 GJ/h if

    • (a) an initial test has been conducted on it under section 33; and

    • (b) for any hour during the reference period, the NOx emission intensity of the boiler or heater must not exceed a limit that is referred to in any of sections 6, 7, 9 to 11, 13 and 14.

  • Marginal note:Stack test or CEMS test

    (2) The NOx emission intensity for the compliance test must be determined

    • (a) for a boiler or heater that meets the conditions set out in paragraphs 26(1)(a) and (b), by means of both

      • (i) one or more stack tests conducted — at least 90 days after an initial test or the most recent compliance test that is conducted by means of a stack test — in the reference period with at least one of those stack tests being conducted during each period described in subsection (5), and

      • (ii) a CEMS test on another boiler or heater referred to in paragraph 26(1)(b), with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period;

    • (b) for a boiler or heater referred to in paragraph 25(b), by means of a CEMS test; and

    • (c) in any other case, by means of either

      • (i) one or more stack tests conducted — at least 90 days after an initial test or the most recent compliance test that is conducted by means of a stack test — in that reference period with at least one of those stack tests being conducted during each period described in subsection (5), or

      • (ii) a CEMS test, with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in that reference period.

  • Marginal note:Stack and CEMS tests — first compliance test

    (3) Despite paragraph (2)(b), if the NOx emission intensity of a boiler or heater that has a rated capacity of more than 262.5 GJ/h — as determined for the initial test conducted under section 33 by means of one or more stack tests — is at least 80% of the NOx emission intensity limit applicable to the boiler or heater under any of sections 6, 7, 9 to 11, 13 and 14, 9 to 11, 13 and 14, the boiler’s or heater’s NOx emission intensity in respect of the reference period for the first compliance test conducted under this section must be determined by means of

    • (a) one or more stack tests conducted in the period of that reference period that ends on the first day on which a CEMS installed on the boiler or heater is operational; and

    • (b) a CEMS test conducted in the period of that reference period that begins on the day after that first day.

  • Marginal note:Reference period

    (4) The reference period is

    • (a) for the first compliance test, the period that begins on the day after the end, determined in accordance with subsection 33(4), of the reference period for the initial test conducted on the boiler or heater and ends on December 31 of the year that follows the year in which that reference period begins; and

    • (b) for every subsequent compliance test, the year that includes the hour referred to in subsection (1).

  • Marginal note:Periods for stack test determinations

    (5) A compliance test conducted on a boiler or heater under subparagraph (2)(a)(i) or (c)(i) or paragraph (3)(a) must include at least one stack test that is conducted during each of the following periods within the reference period for the compliance test:

    • (a) if there is a change in the type of gaseous fossil fuel that is combusted during the reference period,

      • (i) a period during which natural gas is combusted, and

      • (ii) a period during which alternative gas is combusted;

    • (b) in the case of a modern heater, if equipment to preheat air is installed or removed during the reference period,

      • (i) a period during which that equipment is operating, and

      • (ii) a period during which there is no preheated air; and

    • (c) in the case of a boiler, or a heater other than a modern heater, if equipment to preheat air is installed during the reference period, a period during which that equipment is operating.

  • Marginal note:Determination of type of fuel

    (6) The type of fuel — natural gas or alternative gas — that is combusted in a boiler’s or heater’s combustion chamber must be determined for each hour during the compliance test.

Operation, Maintenance and Design

Marginal note:Specifications

 A boiler or heater must be operated and maintained in accordance with the specifications set out by its manufacturer or required by its design.

Reporting

Marginal note:Initial report

 An initial report in respect of an initial test conducted under section 33 that contains the information set out in Schedule 6 must be provided to the Minister not later than the June 1 following the end of the reference period for the initial test.

Marginal note:Classification reports — sections 34 and 35

  •  (1) A classification report — in respect of a determination of a boiler’s or heater’s classification NOx emission intensity made under subsection 34(1) or 35(1) — that contains the information set out in Schedule 5 must be provided to the Minister not later than

    • (a) for a determination made under subsection 34(1),

      • (i) if the determination was made by means of a test referred to in paragraph 34(1)(a), the day that is 18 months after the day on which these Regulations are registered, and

      • (ii) in any other case, the day that is 12 months after the day on which these Regulations are registered; and

    • (b) for a determination made under subsection 35(1), the earlier of

      • (i) the day that is six months after the day on which this Part first applied in respect of the boiler or heater, and

      • (ii) December 31, 2022.

  • Marginal note:Classification reports — 2023, 2024 and 2025

    (2) A classification report — in respect of a pre-existing boiler or heater that, in 2023, 2024 or 2025, is deemed under subsection 12(2) to be class 80 and to have a classification NOx emission intensity of 80 g/GJ — that contains the information set out in Schedule 5 must be provided to the Minister by the earlier of

    • (a) the day that is six months after the day on which this Part first applied in respect of the boiler or heater, and

    • (b) December 31, 2025.

 
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