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

Recording of Information

Marginal note:Record-making

44 Records in respect of a boiler or heater that contain the following information and documents must be made:

• (a) a description of the steps, including the relevant dates, that are taken to comply with the operation and maintenance specifications for the boiler or heater set out by its manufacturer or required by its design;

• (b) a description, including the relevant dates, of any modifications that are made to the design or characteristics of the boiler and heater, including

  • (i) a redesign referred to in subsection 10(2),

  • (ii) a major modification referred to in subsection 13(2),

  • (iii) for a heater, the addition or removal of equipment to preheat air,

  • (iv) the refurbishment of a burner, and

  • (v) a modification that results in a change in its thermal efficiency;

• (c) the following information necessary to determine the percentage of the input energy in the boiler’s or heater’s combustion chamber that results from the introduction of gaseous fossil fuel in accordance with the formula set out in section 15:

  • (i) if the value determined for each of E_o and E_h is zero, information that establishes that the boiler or heater combusted only gaseous fossil fuel, and

  • (ii) in any other case, information necessary to determine the value of each of E_cng, E_gff, E_o and E_h in that formula; and

• (d) an indication of a change in fuel from alternative gas to natural gas, or vice versa, including the date and hour of the change, along with supporting documents necessary to determine the value of an element of the formula set out in section 16.

PART 2Stationary Spark-ignition Engines

Interpretation

Marginal note:Definitions

45 The following definitions apply in this Part and in Schedules 8 to 10.

ASTM D6348-12e1

ASTM D6348-12e1 means the method entitled Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, published by ASTM. (méthode ASTM D6348-12e1)

EC Method AP-77-3

EC Method AP-77-3 means the method entitled Standard Reference Methods for Source Testing: Measurement of Emissions of Nitrogen Oxides from Stationary Sources AP-77-3, published in April 1979 by Her Majesty the Queen in right of Canada, as represented by the Minister. (méthode AP-77-3 d’EC)

emergency

emergency means a situation during which an engine is operated

• (a) to produce electricity as an alternative source of electrical power when no source that is normally used is available; or

• (b) to pump water in the event of a fire or flood. (urgence)

emissions check

emissions check means a determination in accordance with sections 80 to 84 and 86 to 89 of the concentration of NO_x in the exhaust gas of an engine. (vérification des émissions)

engine registry

engine registry means the engine registry established under section 97. (registre des moteurs)

EPA Method 7

EPA Method 7 means the method entitled Method 7 — Determination of Nitrogen Oxide Emissions from Stationary Sources, set out in Appendix A-4 to Part 60 of the CFR. (méthode 7 de l’EPA)

EPA Method 7A

EPA Method 7A means the method entitled Method 7A — Determination of Nitrogen Oxide Emissions from Stationary Sources — Ion Chromatographic Method, set out in Appendix A-4 to Part 60 of the CFR. (méthode 7A de l’EPA)

EPA Method 7C

EPA Method 7C means the method entitled Method 7C — Determination of Nitrogen Oxide Emissions from Stationary Sources — Alkaline-Permanganate/Colorimetric Method, set out in Appendix A-4 to Part 60 of the CFR. (méthode 7C de l’EPA)

EPA Method 19

EPA Method 19 means the method entitled Method 19 — Determination of Sulfur Dioxide Removal Efficiency and Particulate, Sulfur Dioxide and Nitrogen Oxides Emission Rates, set out in Appendix A-7 to Part 60 of the CFR. (méthode 19 de l’EPA)

EPA Method 320

EPA Method 320 means the method entitled Method 320 — Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy, set out in Appendix A to Part 63 of the CFR. (méthode 320 de l’EPA)

group

group means a notional collection of engines that are designated in accordance with section 56 as belonging to a responsible person’s group and, for the purpose of sections 60 to 68, includes a replacement unit referred to in section 64. (groupe)

lean-burn

lean-burn describes an engine other than a rich-burn engine. (à mélange pauvre)

low-use

low-use describes an engine that is referred to in section 50 as being low-use. (à faible utilisation)

modern

modern describes an engine that is referred to in subsection 46(3). (moderne)

NO_x emission intensity

NO_x emission intensity means the quantity of NO_x emitted in the exhaust gas of an engine as represented by

• (a) the concentration of NO_x in the exhaust gas, expressed in ppmvd_15%; or

• (b) the mass of NO_x in the exhaust gas per unit of mechanical energy or electrical energy produced, expressed in g/kWh. (intensité d’émission de NO_x)

performance test

performance test means a determination, in accordance with sections 70 to 75, of the NO_x emission intensity of an engine. (essai de rendement)

ppmvd_15%

ppmvd_15% means parts per million, by volume on a dry basis and corrected to 15% oxygen. (ppmvs_15%)

pre-existing

pre-existing describes an engine that is referred to in subsection 46(2). (préexistant)

rated brake power

rated brake power means the maximum brake power of an engine or a replacement unit as specified by its manufacturer either on its nameplate or otherwise. (puissance au frein nominale)

regular-use

regular-use describes an engine referred to in section 50 as being regular-use. (à utilisation régulière)

rich-burn

rich-burn describes an engine for which the oxygen content in the exhaust gas, before any dilution, is less than 4%, determined by volume on a dry basis. (à mélange riche)

SCADA system

SCADA system means a computer system, known as a supervisory control and data acquisition system, that measures an engine or replacement unit’s operating state, manages the parameters controlling its operating state and stores data related to its operating state. (système SCADA)

still gas

still gas means a gas that is produced by distillation, cracking or reforming in a petroleum refinery, in an asphalt refinery or in an oil sands facility that is used or designed to engage in the activity of upgrading. (gaz de distillation)

subgroup

subgroup means a notional collection of pre-existing engines and replacement units that belong to a responsible person’s group established in accordance with section 65. (sous-groupe)

subset

subset means a notional collection of engines that belong to a responsible person’s group described in section 59. (sous-ensemble)

synthetic gas

synthetic gas means a gas that is derived from the gasification of coal or from the gasification of by-products, residual products or waste products of an industrial process. (gaz de synthèse)

Application

Marginal note:Pre-existing and modern engines

• 46 (1) This Part applies in respect of a pre-existing or modern engine, located in a regulated facility, that combusts gaseous fuel.

• Marginal note:Pre-existing engines

  (2) An engine is pre-existing if one of the following dates is before the 90th day after the day on which these Regulations are registered:

  • (a) the date of its manufacture as provided by its manufacturer; and

  • (b) a date that is set out in a record of a responsible person for the engine that establishes that the engine was owned or operated on or before that date.

• Marginal note:Modern engines

  (3) An engine is modern if it is not pre-existing.

• Marginal note:Regulated facilities — modern engines

  (4) The following are the regulated facilities in respect of modern engines:

  • (a) oil and gas facilities;

  • (b) oil sands facilities;

  • (c) petroleum refineries;

  • (d) chemicals facilities;

  • (e) nitrogen-based fertilizer facilities;

  • (f) pulp and paper facilities;

  • (g) base metals facilities;

  • (h) potash facilities;

  • (i) alumina facilities and aluminum facilities;

  • (j) power plants;

  • (k) iron, steel and ilmenite facilities;

  • (l) iron ore pelletizing facilities; and

  • (m) cement manufacturing facilities.

• Marginal note:Regulated facilities — pre-existing engines

  (5) Oil and gas facilities, other than asphalt refineries, are the regulated facilities in respect of pre-existing engines.

Marginal note:Non-application — low revenue and power

• 47 (1) This Part does not apply in respect of a pre-existing engine for a period of 36 months after the first day on which the following conditions are met:

  • (a) there is only one responsible person for the engine;

  • (b) the sum of the gross revenue of the responsible person and of each of its affiliates, if any, for the most recent taxation year for which each of them has filed a return of income, does not exceed $5 million;

  • (c) the total rated brake power of the responsible person’s pre-existing engines is at most 1 MW; and

  • (d) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry.

• Marginal note:Extension

  (2) A period of non-application referred to in subsection (1) is extended by 36 months if, on a day that occurs within the last six months of that period,

  • (a) the conditions set out in paragraphs (1)(a) to (c) are met; and

  • (b) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry.

• Marginal note:Meaning of gross revenue

  (3) In paragraph (1)(b) and Schedule 8, gross revenue has the same meaning as in section 248 of the Income Tax Act.

• Marginal note:Meaning of affiliates

  (4) In paragraph (1)(b) and Schedule 8, affiliates has the same meaning as in subsection 2(1) of the Canada Business Corporations Act.

Marginal note:Non-application — new owners

• 48 (1) Subject to subsection (3), this Part does not apply in respect of a pre-existing engine to an owner of it for a period of at most 275 days after the date on which they become its owner, if

  • (a) that date occurs after March 31, 2020; and

  • (b) before that date, the pre-existing engine has never been equipped with an emission control system that ensures that its NO_x emission intensity is at most 525 ppmvd_15% or 10 g/kWh.

• Marginal note:End of period of non-application

  (2) The period of non-application under subsection (1) ends on the first day that is within those 275 days on which the following conditions are met:

  • (a) the engine is equipped with an emission control systems referred to in paragraph (1)(b);

  • (b) the owner assigns a NO_x emission value of at most 525 ppmvd_15% or 10 g/kWh to the engine, in the case that they are subject to a limit referred to in section 60; and

  • (c) the owner registers the engine in the engine registry in accordance with subsection 97(3) or (4).

• Marginal note:No period of non-application

  (3) There is no period of non-application under subsection (1) if the conditions set out in subsection (2) are not met within those 275 days.

Marginal note:Synthetic gas and still gas

49 Sections 54, 55, 57 and 58, paragraph 59(1)(b) and section 68 do not apply in respect of an engine — for any period during which the fuel combusted consists of more than 50% synthetic gas, still gas or any combination of those gases — if records are kept that establish, based on a calculation of the mass flow, that the fuel combusted in that period consists of that proportion of those gases.

General

Marginal note:Regular-use engines

50 Every engine that has operated for at least one hour during a year is a regular-use engine unless an election is in effect to have the engine be low-use.

Marginal note:Low-use engines — election

• 51 (1) The election is made when a responsible person for the engine provides to the Minister a notice of the election for inclusion in the engine registry that specifies the year as of which the election takes effect, which may be

  • (a) the year in which the notice is provided, if the number of hours that the engine was operating — while they were a responsible person for that engine — in that year before the sending of the notice is recorded; or

  • (b) a year subsequent to the year in which the notice is provided.

• Marginal note:Obligations under an election

  (2) An engine for which an election is in effect must

  • (a) have a non-resettable hour meter, another non-resettable device or a SCADA system to determine the number of hours that the engine operates installed

    • (i) by the day on which the notice is provided, if the election takes effect in the year in which the notice is provided, and

    • (ii) by January 1 of the year as of which the election is to take effect, in any other case;

  • (b) have the meter, device or SCADA system operating continuously, other than during periods when it is undergoing normal servicing or timely repairs, as of the day referred to in subparagraph (a)(i) or (ii), whichever applies;

  • (c) if a non-resettable hour meter or another non-resettable device is installed, have readings taken from the meter or device that are recorded along with the dates of the readings and the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine within the shortest feasible period before or after

    • (i) the day on which the notice is provided, if the election takes effect in the year in which the notice is provided,

    • (ii) every subsequent January 1, and

    • (iii) the day on which the election ceases to be in effect;

  • (d) if a SCADA system is installed, have a record made — as of the day referred to in subparagraph (a)(i) or (ii), whichever applies, and until the day on which the election ceases to be in effect — from the SCADA system at least once every 30 days that contains

    • (i) data, taken every five minutes, that is used to determine the number of hours that the engine has operated,

    • (ii) the dates on which that data was taken, and

    • (iii) data that can be used to identify the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine; and

  • (e) for each period of three consecutive years that begins with the year as of which the election takes effect, operate, excluding any hour of operation during an emergency, for fewer than 1,314 hours, as determined based on the records referred to in paragraph (c) or (d) and, if applicable, paragraph (1)(a).

• Marginal note:Election ceases to be in effect

  (3) An election ceases to be in effect if

  • (a) the engine does not meet one of the requirements set out in paragraphs (2)(a) to (e); or

  • (b) a responsible person for the engine provides the Minister with a notice to that effect for inclusion in the engine registry.

• Marginal note:Re-election

  (4) Nobody who is a responsible person for the engine when an election ceases to be in effect may re-elect to have the engine be low-use before January 1 of the year that begins at least three years after that election took effect.