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

Regulations are current to 2022-05-02 and last amended on 2021-01-01. Previous Versions

Responsibility

Marginal note:Who must comply

 Unless the context requires that a particular responsible person complies, a requirement set out in these Regulations in respect of, respectively, a boiler or heater, an engine or a cement manufacturing facility, including a requirement in respect of a kiln located in it, must be complied with by a responsible person for the boiler or heater, engine or cement manufacturing facility.

PART 1Boilers and Heaters

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part and in Schedules 3 to 7.

alternative gas

alternative gas means a gaseous fossil fuel other than natural gas. (gaz de remplacement)

amendment day

amendment day means the day on which the Regulations Amending the Multi-Sector Air Pollutants Regulations (Part 1 — Biomass) come into force. (date de modification)

anode-baking furnace

anode-baking furnace means a heater that bakes green anodes to produce blocks of carbon for use in the production of aluminum. (four de cuisson d’anodes)

ASTM D1945-03

ASTM D1945-03 means the method entitled Standard Test Method for Analysis of Natural Gas by Gas Chromatography, published by ASTM. (méthode ASTM D1945-03)

ASTM D1946-90

ASTM D1946-90 means the method entitled Standard Practice for Analysis of Reformed Gas by Gas Chromatography, published by ASTM. (méthode ASTM D1946-90)

biomass

biomass means a liquid or solid fuel that consists only of non-fossilized organic material that originates from plants or animals but does not come from a geological formation, including

  • (a) liquid and solid products or waste produced from that material;

  • (b) liquids and solids recovered from that material, including from organic waste; and

  • (c) sludge from wastewater treatment. (biomasse)

biomass boiler

biomass boiler means

  • (a) a boiler that can reach at least 50% of its rated capacity when it is in a steady state and at least 90% of the input energy in its combustion chamber results from the introduction of biomass; and

  • (b) in the case of a boiler that is commissioned or recommissioned on or after amendment day, a boiler that is linked to equipment that is capable of introducing a sufficient quantity of biomass as the input energy in its combustion chamber to allow it to meet the criteria set out in paragraph (a). (chaudière à biomasse)

biomass heater

biomass heater means

  • (a) a heater that can reach at least 50% of its rated capacity when it is in a steady state and at least 90% of the input energy in its combustion chamber results from the introduction of biomass; and

  • (b) in the case of a heater that is commissioned or recommissioned on or after amendment day, a heater that is linked to equipment that is capable of introducing a sufficient quantity of biomass as the input energy in its combustion chamber to allow it to meet the criteria set out in paragraph (a). (four industriel à biomasse)

blast furnace stove

blast furnace stove means a vertical cylindrical regenerator filled with refractory and used to preheat ambient air that is then introduced into a blast furnace used in ironmaking. (récupérateur de haut fourneau)

CEMS test

CEMS test means a determination, by means of a CEMS in accordance with section 32, of the NOx emission intensity of a boiler or heater. (essai SMECE)

chemical recovery boiler

chemical recovery boiler means a boiler whose fuel includes spent pulping liquor and that recovers chemical constituents from the combustion of that spent pulping liquor. (chaudière de récupération chimique)

class 40

class 40, in relation to a pre-existing boiler or heater, describes a class 40 boiler or heater within the meaning of section 12. (classe 40)

class 70

class 70, in relation to a pre-existing boiler or heater, describes a class 70 boiler or heater within the meaning of section 12. (classe 70)

class 80

class 80, in relation to a pre-existing boiler or heater, describes a class 80 boiler or heater within the meaning of section 12. (classe 80)

coke oven

coke oven means an oven that converts coal to coke through distillation. (four à coke)

coke oven battery

coke oven battery means a heater that consists of a combustion chamber, with more than one burner, whose exhaust gas circulate between coke ovens. (batterie de fours à coke)

commercial grade natural gas

commercial grade natural gas means natural gas that is supplied by a commercial supplier. (gaz naturel de qualité commerciale)

commissioning date

commissioning date means the day on which a boiler or heater begins to produce thermal energy primarily for use in production or to provide heat. (date de mise en service)

ethylene cracker

ethylene cracker means a heater that transforms a mixture of steam and hydrocarbons into hydrocarbon gases, notably ethylene. (craqueur d’éthylène)

gaseous fossil fuel

gaseous fossil fuel includes gaseous fossil fuel that is a by-product of an industrial process, or industrial operation, and that has constituents with thermal energy value. (combustible fossile gazeux)

heat-recovery steam generator

heat-recovery steam generator means equipment that captures useful thermal energy from the hot exhaust gas of a gas turbine, or from a set of reciprocating engines, to produce steam. (générateur de vapeur à récupération de chaleur)

modern

modern, in relation to a boiler or heater, describes a boiler or heater that is not transitional whose commissioning date is on or after the day on which these Regulations are registered. (moderne)

natural gas

natural gas means a gaseous fossil fuel that consists of at least 90% methane by volume. (gaz naturel)

NOx emission intensity

NOx emission intensity means the quantity of NOx emitted by a boiler or heater, expressed in grams of NOx emitted per gigajoule of thermal energy in the fuel (g/GJ), based on the higher heating value of the fuel combusted. (intensité d’émission de NOx)

packaged

packaged, in relation to a boiler or heater, describes a boiler or heater that is received at the facility in a state of near-complete assembly and that requires, at the facility,

  • (a) assembling any prefabricated components;

  • (b) fixing it to its location; and

  • (c) making the connections necessary for its operation. (préfabriqué)

pre-existing

pre-existing, in relation to a boiler or heater, describes a boiler or heater whose commissioning date is before the day on which these Regulations are registered. (préexistant)

preheated air

preheated air means air that is preheated above ambient air temperature before it is introduced into the combustion chamber of a boiler or heater. (air préchauffé)

rated capacity

rated capacity, in relation to a boiler or heater, means the maximum thermal energy — based on the higher heating value of the fuel combusted — that the boiler or heater is, on its commissioning date, capable of producing in an hour, expressed in GJ/h, as specified on the nameplate affixed to the boiler or heater by its manufacturer or, in the absence of such a nameplate, as set out in a document provided by the manufacturer. (capacité nominale)

recommissioning date

recommissioning date means the day on which a boiler or heater begins to produce thermal energy primarily for use in production or to provide heat after

  • (a) a major modification referred to in subsection 13(2); or

  • (b) a redesign referred to in paragraph 10(2)(b). (date de remise en service)

reheat furnace

reheat furnace means a heater in which steel is reheated for hot rolling into basic shapes. (four de réchauffage)

stack test

stack test means a determination, in accordance with sections 27 to 31, of the NOx emission intensity of a boiler or heater. (essai en cheminée)

standard m3

standard m3 has the meaning assigned to a cubic metre at standard pressure and standard temperature by the definition standard volume in subsection 2(1) of the Electricity and Gas Inspection Regulations. (m3 normalisé)

steady state

steady state means an operating state that is other than start-up, shutdown or upset. (état stable)

steam methane reformer

steam methane reformer means a heater that transforms a mixture of steam and hydrocarbons in the presence of a catalyst to produce hydrogen and carbon oxides and includes — if it shares a common stack with the heater — any integrated auxiliary boiler that is used to produce that steam or other integrated equipment that heats that steam. (reformeur de méthane à la vapeur)

transitional

transitional, in relation to a boiler or heater, describes a boiler or heater that is located in a regulated facility set out in subsection 5(2) on its commissioning date and whose commissioning date occurs in the period that begins on the day on which these Regulations are registered and ends

  • (a) if the boiler or heater is packaged, three months after that day; and

  • (b) in any other case, 36 months after that day. (de transition)

Application

Marginal note:Rated capacity at least 10.5 GJ/h

  •  (1) This Part applies in respect of a pre-existing, transitional or modern boiler or heater located in a regulated facility that is used or designed to combust gaseous fossil fuel and that has a rated capacity of at least 10.5 GJ/h.

  • Marginal note:Regulated facilities

    (2) The following are the regulated facilities:

    • (a) oil and gas facilities;

    • (b) oil sands facilities;

    • (c) chemicals facilities;

    • (d) nitrogen-based fertilizer facilities;

    • (e) pulp and paper facilities;

    • (f) base metals facilities;

    • (g) potash facilities;

    • (h) alumina facilities and aluminum facilities;

    • (i) power plants;

    • (j) iron, steel and ilmenite facilities;

    • (k) iron ore pelletizing facilities; and

    • (l) cement manufacturing facilities.

  • Marginal note:Excluded boilers and heaters

    (3) Despite subsections (1) and (2), this Part does not apply in respect of the following types of boiler or heater:

    • (a) a heater that is used to dry, bake or calcinate materials, including a kiln as defined in section 101 and an anode-baking furnace;

    • (b) a heater that is used in any process to chemically transform ore or intermediate products into bulk metallic products;

    • (c) a coke oven battery;

    • (d) a heater or boiler that is designed to combust coke oven gas;

    • (e) a blast furnace stove;

    • (f) a heater or boiler that is designed to combust blast furnace gas;

    • (g) an ethylene cracker;

    • (h) a steam methane reformer;

    • (i) a reheat furnace;

    • (j) a boiler or heater that is used only for activities that are subsequent to the hot rolling of steel into basic shapes at an iron, steel and ilmenite facility;

    • (k) a chemical recovery boiler;

    • (l) a biomass boiler or biomass heater;

    • (m) a heat-recovery steam generator;

    • (n) a boiler that combusts exhaust gases that arise from the partial combustion of coke in a vessel integrated with a fluid coking unit; and

    • (o) a boiler or heater that is used only in the start-up of a facility or process and operated for fewer than 500 hours in each previous year of its operation.

  • Marginal note:Percentage of input energy

    (4) For the purpose of paragraph (3)(l), the percentage of the input energy in a biomass boiler’s or biomass heater’s combustion chamber resulting from the introduction of biomass is to be determined, for a given hour while the boiler or heater is in a steady state, by the formula

    Ebio/(Ebio + Ecng + Egff + Eo + Es) × 100

    where

    Ebio
    is the input energy resulting from the introduction of biomass for the given hour, determined by the formula

    Qbio × HHVbio

    where

    Qbio
    is the quantity of the biomass combusted during the given hour, as measured by a flow meter on the input, expressed in kl for liquid biomass and in t for solid biomass, and
    HHVbio
    is the higher heating value of the biomass combusted during the given hour, expressed in GJ/kl for liquid biomass and in GJ/t for solid biomass, being
    • (a) the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or

    • (b) the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1;

    Ecng
    is the input energy resulting from the introduction of commercial grade natural gas for the given hour, determined by the formula

    Qcng × HHVcng

    where

    Qcng
    is the quantity of the commercial grade natural gas combusted during the given hour, as measured by a flow meter on the input, expressed in standard m3, and
    HHVcng
    is the higher heating value of the commercial grade natural gas combusted during the given hour, expressed in GJ/standard m3, being
    • (a) the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or

    • (b) 0.03793;

    Egff
    is the input energy resulting from the introduction of gaseous fossil fuel, other than commercial grade natural gas, for the given hour, determined by the formula

    Qgff × HHVgff

    where

    Qgff
    is the quantity of the gaseous fossil fuel, other than commercial grade natural gas, combusted during the given hour, as measured by a flow meter on the input, expressed in standard m3, and
    HHVgff
    is the higher heating value of the gaseous fossil fuel, other than commercial grade natural gas, combusted during the given hour, expressed in GJ/standard m3, determined in accordance with any of the required HHV methods set out in section 22 that apply;
    Eo
    is the input energy resulting from the introduction of a fuel other than biomass or gaseous fossil fuel during the given hour, determined by the formula

    Σi(Qi × HHVi)

    where

    Qi
    is the quantity of the ith fuel, other than gaseous fossil fuel, combusted during the given hour, as measured by a flow meter on the input, expressed in standard m3 for gaseous fuels, in kl for liquid fuels and in t for solid fuels,
    HHVi
    is the higher heating value of the ith fuel, other than gaseous fossil fuel, combusted during the given hour, expressed in GJ/standard m3 for gaseous fuels, in GJ/kl for liquid fuels and in GJ/t for solid fuels, being
    • (a) the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or

    • (b) the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1, and

    i
    is the ith fuel, other than biomass or gaseous fossil fuel, combusted, where i goes from 1 to n and where n is the number of those fuels combusted; and
    Es
    is the input energy, expressed in GJ, that originates from a source other than the combustion of fuel in the boiler’s or heater’s combustion chamber during the given hour, determined in accordance with generally accepted engineering principles.
  • Marginal note:Request for information

    (5) A responsible person for a biomass boiler or biomass heater must, on the Minister’s request, provide to the Minister any of the following:

    • (a) information and supporting documents obtained from the manufacturer of the boiler or heater that demonstrates that it is a biomass boiler or biomass heater, as the case may be; or

    • (b) the results of a field test that

      • (i) was conducted for a period of at least one hour, by a person who is independent of all responsible persons for the boiler or heater and demonstrates that the boiler or heater is a biomass boiler or biomass heater, as the case may be, and that the percentage referred to in subsection (4) has been determined in accordance with that subsection, and

      • (ii) is supported by documents in the possession of a responsible person for the boiler or heater that establish that the independent person referred to in subparagraph (i)

        • (A) is an engineer who is, under the laws of the province in which the biomass boiler or biomass heater is located, authorized to practise engineering in relation to combustion equipment, or

        • (B) has demonstrated knowledge of, and at least five years’ experience as the technical lead of projects that involved, the design of combustion equipment.

 
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