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

Regulations are current to 2022-09-11 and last amended on 2021-01-01. Previous Versions

PART 3Cement (continued)

Marginal note:Compliance report

 As of January 1, 2019, on or before June 1 of every year a compliance report that contains the information for the cement manufacturing facility that is set out in Schedule 11 in respect of the preceding year must be provided to the Minister.

PART 4General

Continuous Emission Monitoring Systems

Marginal note:CEMS Reference Method — compliance

 If a CEMS is used to determine a NOx emission intensity under Part 1 or a quantity of emissions under section 106, the CEMS Reference Method must be complied with, notably

  • (a) the design specifications and any related requirements that are set out in

    • (i) Section 3.0 of the EC CEMS Code entitled “Design Specifications and Test Procedures”, or

    • (ii) Section 2.0 of the Alberta CEMS Code entitled “Design Specifications”;

  • (b) the installation specifications and any related requirements that are set out in

    • (i) Section 4.0 of the EC CEMS Code entitled “Installation Specifications”, or

    • (ii) Section 3.0 of the Alberta CEMS Code entitled “Installation Specifications”;

  • (c) the performance specifications and any related requirements, particularly in respect of testing, that are set out in

    • (i) Section 5.0 of the EC CEMS Code entitled “Certification Performance Specifications and Test Procedures”, including certification of the CEMS and the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA), or

    • (ii) Section 4.0 of the Alberta CEMS Code entitled “Performance Specifications and Test Procedures”, including certification of the CEMS and the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA); and

  • (d) the requirements concerning the development and implementation of manuals or plans for quality assurance and quality control that are set out in

    • (i) Section 6.0 of the EC CEMS Code entitled “Quality Assurance and Quality Control”, or

    • (ii) Section 5.0 of the Alberta CEMS Code entitled “Quality Assurance and Quality Control”.

Marginal note:Annual audit

  •  (1) For each year during which a responsible person uses a CEMS to determine a NOx emission intensity under Part 1 or a quantity of emissions under section 106, the responsible person must ensure that an auditor evaluates whether, in the auditor’s opinion, the responsible person has complied with the CEMS Reference Method and, in particular, whether

    • (a) the CEMS has met the specifications set out in the CEMS Reference Method;

    • (b) the results of each relative accuracy test and each bias test for each of the relative accuracy test audits (RATA) for the 12 months preceding the auditor’s audit have not exceeded the applicable limit referred to in the CEMS Reference Method; and

    • (c) the responsible person has established a Quality Assurance/Quality Control manual that complies with Section 6.0 of the EC CEMS Code or a Quality Assurance Plan that complies with Section 5.1 of the Alberta CEMS Code and, if so, whether

      • (i) the responsible person has implemented it,

      • (ii) its implementation ensures that the data generated by the CEMS is complete, accurate and precise, and

      • (iii) it has been updated in accordance with the CEMS Reference Method.

  • Marginal note:Auditor’s report

    (2) The responsible person must, within 30 days after the day on which the auditor completes their audit, obtain a report, signed by the auditor, that contains the information set out in Schedule 12.

  • Marginal note:Request for auditor’s report

    (3) The responsible person must, on the Minister’s request, provide the Minister with a copy of an auditor’s report within 15 days after the request.

  • Marginal note:Provision of auditor’s report to Minister

    (4) A responsible person who uses a CEMS to determine a NOx emission intensity under Part 1 must, for each year during which they use a CEMS, provide the Minister with a copy of the auditor’s report for that year by June 1 of the following year, if the opinion stated by the auditor in the report is that the responsible person has not complied with any aspect of the CEMS Reference Method.

  • Marginal note:Auditor

    (5) For the purpose of this section, an auditor is a person who

    • (a) is independent of the responsible person who uses a CEMS; and

    • (b) has demonstrated knowledge of and experience in

      • (i) the certification, operation and relative accuracy test audit (RATA) of Continuous Emission Monitoring Systems,

      • (ii) quality assurance and quality control procedures in relation to those systems, and

      • (iii) the conducting of audits in relation to those systems.

Measuring Devices

Marginal note:Installation, operation, maintenance and calibration

 Unless otherwise provided by these Regulations, any measuring device that is used to determine a quantity for the purpose of these Regulations must be installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications or any applicable generally recognized national or international industry standard.

Alternative Rules

Marginal note:Application

  •  (1) The Minister may — on written application by a responsible person for a boiler, heater, engine or cement manufacturing facility — approve an alternative rule in respect of the boiler, heater or engine or a kiln located in the cement manufacturing facility to replace a rule set out in a document that is incorporated by reference into these Regulations with respect to

    • (a) any requirement for sampling, analyses, tests, measurements or monitoring; or

    • (b) any condition, test procedure or laboratory practice that is relevant to those requirements.

  • Marginal note:Exception for rule to be replaced

    (2) The rule that is to be replaced must not be a rule that is contained in EPA Method 7E or EPA Method 6C in relation to the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA) referred to in subparagraph 109(c)(i) or (ii).

  • Marginal note:Alternative rule

    (3) The proposed alternative rule must be a rule that the responsible person may comply with in order to comply with a provincial law in respect of the boiler, heater, engine or kiln and be

    • (a) a modification of a rule set out in a document that is incorporated by reference in these Regulations; or

    • (b) a rule, other than a rule referred to in paragraph (a), that consists of

      • (i) the whole or a part of a standard or method published by

        • (A) a government of any state or of a subdivision of any state, or any institution of such a state or subdivision,

        • (B) an international organization of states or an international organization that is established by the governments of states, or any institution of one of those international organizations, or

        • (C) an organization that develops standards or methods based on consensus and that is internationally recognized as being competent to establish that standard or method; or

      • (ii) a modification of a rule described in subparagraph (i).

  • Marginal note:Information for application

    (4) The application must include

    • (a) the following information respecting the responsible person who is the applicant:

      • (i) their name, civic address and email address, along with an indication as to whether they are an owner or operator, or both, of the boiler, heater, engine or cement manufacturing facility,

      • (ii) the name, title, civic and postal addresses, if any, telephone number and email address of their authorized official, and

      • (iii) the name, title, civic and postal addresses, if any, telephone number and email address of a contact person, if different from the authorized official;

    • (b) for each responsible person for the boiler, heater, engine or cement manufacturing facility other than the applicant, their name, civic address and email address, along with an indication as to whether they are an owner or operator of it, or both;

    • (c) an indication of the rule that is to be replaced, along with an indication of

      • (i) the provisions of the document incorporated by reference into these Regulations that set out the rule that is to be replaced, and

      • (ii) the provisions of these Regulations that refer to that document and that invoke that rule;

    • (d) the text of the proposed alternative rule, along with

      • (i) the source of that proposed alternative rule, namely,

        • (A) an indication of the provisions of provincial law that set out that proposed alternative rule,

        • (B) a copy of a permit issued under provincial law along with an indication of the provisions of the permit that set out that proposed alternative rule, or

        • (C) the sources referred to in both clauses (A) and (B), and

      • (ii) an indication of the provisions of the standard or method referred to in subparagraph (3)(b)(i) that constitutes the proposed alternative rule or that were modified to constitute the proposed alternative rule, along with a copy of that standard or method;

    • (e) a demonstration that the proposed alternative rule — read in the entire context of the rule that is to be replaced, including the context of the document within which that replaced rule is found, and read harmoniously within the scheme of these Regulations — is at least as rigorous and effective as the rule that is to be replaced;

    • (f) information that identifies the boiler, heater, engine or kiln, including

      • (i) for the boiler or heater,

        • (A) an indication as to whether it is a boiler or a heater,

        • (B) the name of its manufacturer, along with its serial number, make and model,

        • (C) its rated capacity, and

        • (D) in respect of the facility where it is located, its identifier, if any, within that facility and the facility’s

          • (I) civic address,

          • (II) National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act, and

          • (III) provincial identification number,

      • (ii) for the engine,

        • (A) its serial number or, if the serial number is not known or cannot be obtained, its unique alphanumeric identifier,

        • (B) its make and model, and

        • (C) in respect of the facility where it is located, its identifier, if any, within that facility and the facility’s

          • (I) civic address or, if there is no civic address, its latitude and longitude,

          • (II) National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act, and

          • (III) provincial identification number,

      • (iii) for the kiln ,

        • (A) the name of the cement manufacturing facility where it is located,

        • (B) the civic address of the cement manufacturing facility or, if there is no civic address, its latitude and longitude,

        • (C) the cement manufacturing facility’s National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act,

        • (D) information that identifies the kiln, and

        • (E) the kiln’s type, that is, whether it is

          • (I) a precalciner kiln,

          • (II) a preheater kiln,

          • (III) a wet kiln, or

          • (IV) a long dry kiln; and

    • (g) any other information that is necessary to consider in order to grant the application.

  • Marginal note:Paragraph (4)(e) — concentration of NOx

    (5) If a proposed alternative rule described in paragraph (3)(b) concerns the determination of the concentration of NOx in a gas, other than by means of a CEMS, the demonstration referred to in paragraph (4)(e) must compare its rigour and effectiveness to the rigour and effectiveness of making that determination based on EPA Method 7E or ASTM D6522-11.

Marginal note:Approval

  •  (1) The Minister must grant the application and approve the proposed alternative rule — with any modification, or subject to any conditions, that the Minister considers desirable — if the Minister is of the opinion that

    • (a) the rule that is to be replaced is described by paragraph 112(1)(a) or (b);

    • (b) the proposed alternative rule is described by paragraph 112(3)(a) or (b); and

    • (c) the proposed alternative rule — read in the entire context of the rule that is to be replaced, including the context of the document within which that replaced rule is found, and read harmoniously within the scheme of these Regulations — is at least as rigorous and effective as the rule that is to be replaced.

  • Marginal note:Provision of approved alternative rule

    (2) Without delay after approving an alternative rule, the Minister must provide the applicant — and every other responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, set out in the application — with the alternative rule, as approved.

  • Marginal note:Provision of rule to another responsible person

    (3) A responsible person referred to in subsection (2) must — on another person becoming a responsible person for it — provide that other person with the alternative rule, as approved.

Marginal note:Application of approved alternative rule

  •  (1) Subject to section 115, an alternative rule, as approved by the Minister, replaces the rule in question that is set out in a document that is incorporated by reference into these Regulations and applies in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility.

  • Marginal note:Interpretation of incorporated document

    (2) For greater certainty, the document is to be read with reference to the alternative rule, as approved, and not the rule that the alternative rule replaces.

Marginal note:Notice to apply replaced rule

 A responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, may in writing notify the Minister and every other responsible person for it that the alternative rule, as approved, no longer applies — as of the date indicated in the notice — in respect of that boiler, heater, engine or kiln located in the cement manufacturing facility.

Marginal note:Refusal — false, misleading or incomplete information

  •  (1) The Minister must refuse the application if the Minister has reasonable grounds to believe that the responsible person has, with their application, provided false, misleading or incomplete information.

  • Marginal note:Refusal — informing applicant

    (2) Without delay after refusing the application, the Minister must inform the applicant of the refusal, along with the reasons for it.

Marginal note:Revocation by Minister

  •  (1) The Minister must revoke the alternative rule as approved by the Minister if

    • (a) new information, with supporting documents, demonstrates that the alternative rule, as approved — read in the entire context of the rule that is to be replaced, including the context of the document within which that replaced rule is found, and read harmoniously within the scheme of these Regulations — is not at least as rigorous and effective as the rule it replaces; or

    • (b) the Minister has reasonable grounds to believe that the responsible person had, with their application, provided false or misleading information to the Minister.

  • Marginal note:Revocation — informing responsible persons

    (2) Without delay after the revocation, the Minister must notify each responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, of the revocation, along with the reasons for it and an indication of the date of the revocation.

 
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