Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity (SOR/2018-261)

Requirements

Emission Intensity Limits

Marginal note:General

• 4 (1) A responsible person for a unit must not emit from the unit an amount of CO₂ from the combustion of fossil fuels in the unit, that is, during a calendar year, on average, greater than any of the following intensity limits, as applicable:

  • (a) 420 tonnes of CO₂ emissions/GWh of energy produced

    • (i) in the case of boiler units, other than those referred to in subsection 3(4), and

    • (ii) in the case of combustion engine units that are equipped with at least one combustion engine that has a capacity of more than 150 MW; and

  • (b) 550 tonnes of CO₂ emissions/GWh of energy produced in the case of combustion engine units that are equipped with combustion engines that have a capacity of 150 MW or less.

• Marginal note:Significantly modified boiler units

  (2) It is prohibited for a responsible person for a boiler unit referred to in subsection 3(4) to emit from the boiler unit an amount of CO₂, from the combustion of fossil fuels in the unit, that is, during a calendar year, on average, greater than 420 tonnes of CO₂ emissions/GWh of energy produced, as applicable, beginning in

  • (a) the year after the unit’s end of useful life, if the initial performance test conducted under subsection 5(1) indicates a CO₂ emissions intensity greater than 600 t/GWh;

  • (b) the sixth year after the unit’s end of useful life, if the initial performance test conducted under subsection 5(1) indicates a CO₂ emissions intensity greater than 550 t/GWh and less than or equal to 600 t/GWh;

  • (c) the ninth year after the unit’s end of useful life, if the initial performance test conducted under subsection 5(1) indicates a CO₂ emissions intensity greater than 480 t/GWh and less than or equal to 550 t/GWh; or

  • (d) the eleventh year after the unit’s end of useful life, if the initial performance test conducted under subsection 5(1) results in a CO₂ emissions intensity less than or equal to 480 t/GWh.

• Marginal note:Quantification of energy and emissions

  (3) For the purposes of subsections (1) and (2),

  • (a) the quantity of energy produced in the calendar year must be determined in accordance with section 11; and

  • (b) the quantity of CO₂ emissions produced in the calendar year must be determined in accordance with sections 12 to 18, as applicable.

• Marginal note:Special Rules

  (4) For the purposes of subsection (3), if, in the calendar year, one of the combustion engines of the unit is repaired or maintained and one or more replacement combustion engines are temporarily installed, the quantity of energy and CO₂ emissions produced during the replacement period, to a maximum of 90 days per calendar year, are excluded from the calculation referred to in that paragraph.

• Marginal note:Exception — boiler unit

  (5) Despite subsection (1), a boiler unit that, in a calendar year, does not meet one of the conditions set out in subsection 3(1), is not subject to the emission intensity limit for that calendar year.

• Marginal note:Exception — combustion engine

  (6) Despite subsection (1), a combustion engine unit that, in a calendar year, does not meet one of the conditions set out in subsection 3(2), is not subject to the emission intensity limit for that calendar year.

Performance Tests — Significantly Modified Boiler Units

Marginal note:Initial performance test

• 5 (1) An initial performance test must be conducted in the presence of the performance test verifier and in accordance with subsection (3) to determine the CO₂ emission intensity for a boiler unit referred to in subsection 3(4) within 12 months following

  • (a) in the case of a unit that has ceased to combust coal before January 1, 2019, January 1, 2019; or

  • (b) in the case of a unit that ceases to combust coal on or after January 1, 2019, the day on which electricity generated from the boiler unit was first sold or distributed to the electric grid, in the calendar year in which the unit becomes subject to these Regulations.

• Marginal note:Annual performance test

  (2) Performance tests are to be subsequently conducted annually to determine the CO₂ emission intensity for the boiler unit in question, in accordance with subsection (3), for as long as the responsible person for that boiler unit does not have to meet the emission limit referred to in subsection 4(2).

• Marginal note:Conditions — test

  (3) The initial and annual performance test must consist of a continuous test that lasts at least two hours and does not exceed 100% of the unit’s capacity.

• Marginal note:Quantification

  (4) For the purposes of subsections (1) and (2),

  • (a) the quantity of energy produced by the unit must be determined in accordance with section 11; and

  • (b) the quantity of CO₂ emitted by the unit must be determined in accordance with sections 12, 13 and 15 to 18, as applicable: however, all emissions must be quantified including those from the combustion of biomass.

• Marginal note:Adaptation

  (5) For the performance test, the reference to “calendar year” in sections 11, 12, 15, 17 and 18 and in the Reference Method is replaced with a reference to “performance test period”.

Marginal note:Requirement

6 A responsible person for a unit referred to in subsection 3(4) must obtain an annual performance test result that shows less than a 2% increase in emission intensity from the previous performance test.

Emergency Circumstances

Marginal note:Application for exemption

• 7 (1) A responsible person for a unit may, under an emergency circumstance described in subsection (2), apply to the Minister for an exemption from the application of subsection 4(1) or (2) in respect of the unit if, as a result of the emergency, the operator of the electricity grid in the province in which the unit is located or an official of that province responsible for ensuring and supervising the electricity supply orders the responsible person to produce electricity to avoid a threat to the supply or to restore that supply.

• Marginal note:Definition of emergency circumstance

  (2) An emergency circumstance is a circumstance

  • (a) that arises due to an extraordinary, unforeseen and irresistible event; or

  • (b) under which one or more of the measures referred to in paragraph 1(a) of the Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act has been made or issued in the province where the unit is located.

• Marginal note:Deadline for application

  (3) The application for the exemption must be provided to the Minister within 15 days after the day on which the emergency circumstance arises. The application must include the information referred to in section 1 and paragraphs 2(a), (b) and (d) of Schedule 1 or the unit’s registration number, if any, the date on which the emergency circumstance arose and information, along with supporting documents, to demonstrate that the conditions set out in subsection (1) are met.

• Marginal note:Minister’s decision

  (4) If the Minister is satisfied that the conditions set out in subsection (1) are met, the Minister must, within 30 days after the day on which the application is received,

  • (a) grant the exemption; and

  • (b) if the unit has not been assigned a registration number, assign a registration number and inform the responsible person of that number.

• Marginal note:Duration of exemption

  (5) The exemption becomes effective on the day on which the emergency circumstance arises and ceases to have effect on the earliest of

  • (a) the ninetieth day after that day,

  • (b) the day specified by the Minister,

  • (c) the day on which the circumstance referred to in paragraph (2)(a) ceases to cause a disruption, or a significant risk of disruption, to the electricity supply in the province where the unit is located, and

  • (d) the day on which the measure, if any, referred to in paragraph (2)(b) ceases to have effect.

Marginal note:Application for extension of exemption

• 8 (1) If the conditions set out in subsection 7(1) will continue to exist after the day on which the exemption granted under paragraph 7(4)(a) is to cease to have effect, the responsible person may, before that day, apply to the Minister for an extension of the exemption.

• Marginal note:Contents of application

  (2) The application must include the unit’s registration number and information, along with supporting documents, to demonstrate that

  • (a) the conditions set out in subsection 7(1) will continue to exist after the day on which the exemption is to cease to have effect; and

  • (b) measures — other than the operation of the unit while the exemption has effect — have been or are being taken to end, decrease the risk of or mitigate the consequences of the disruption.

• Marginal note:Minister’s decision

  (3) If the Minister is satisfied that the elements referred to in paragraphs (2)(a) and (b) have been demonstrated, the Minister must grant the extension within 15 days after the day on which the application is received.

• Marginal note:Duration of extension

  (4) The extension ceases to have effect on the earliest of

  • (a) the ninetieth day after the day on which the application for the extension was made,

  • (b) the day specified by the Minister, and

  • (c) the day referred to in paragraph 7(5)(c).

Accuracy of Data

Marginal note:Measuring devices — installation, maintenance and calibration

• 9 (1) A responsible person for a unit must install, maintain and calibrate a measuring device — other than a continuous emission monitoring system and a measuring device that is subject to the Electricity and Gas Inspection Act — that is used for the purposes of these Regulations in accordance with the manufacturer’s instructions or any applicable generally recognized national or international industry standard.

• Marginal note:Frequency of calibration

  (2) The responsible person must calibrate each of the measuring devices at the greater of the following frequencies:

  • (a) at least once in every calendar year but at least five months after a previous calibration, and

  • (b) the minimum frequency recommended by the manufacturer.

• Marginal note:Accuracy of measurements

  (3) The responsible person must use measuring devices that enable measurements to be made with a degree of accuracy of ± 5%.

Marginal note:Certification of CEMS

10 The responsible person must certify the CEMS in accordance with section 5 of the Reference Method, before it is used for the purposes of these Regulations.

Quantification Rules

Production of Energy

Marginal note:Quantity of energy

• 11 (1) The quantity of energy produced by a given unit is determined by the formula

  G + (0.75 × H_pnet)

  where

  G

  is

  • (a) the gross quantity of electricity generated by the unit in the calendar year expressed in GWh, as measured at the electrical terminals of the generators of the unit using meters that comply with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations, or

  • (b) in the case of a hybrid configuration – when the unit is either a combustion engine unit that shares a steam turbine with a boiler unit or a boiler unit that shares a steam turbine with a combustion engine unit – the quantity of electricity generated by the given unit in the calendar year expressed in GWh, determined by the formula in subsection (2); and

  H_pnet

  is the net quantity of useful thermal energy produced by the unit in a calendar year, expressed in GWh, determined by the formula in subsection (3).

• Marginal note:Quantity of electricity — hybrid configuration

  (2) The quantity of electricity generated by a given unit is determined by the formula

  G_ce + G_s – G_ext

  where

  G_ce

  is the gross quantity of electricity that is generated by the generators of the combustion engines in a combustion engine unit that shares a steam turbine with a boiler unit, in the calendar year, expressed in GWh, as measured at the electrical terminals of the generators of the combustion engines using meters that comply with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations, if the given unit for which the electricity is being quantified is a combustion engine unit, or equal to zero, if the given unit for which the electricity is being quantified is a boiler unit;

  G_s

  is the gross quantity of electricity that is generated by the generators of the shared steam turbine in the calendar year, expressed in GWh, as measured at the electrical terminals of the generators of the shared steam turbine using meters that comply with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations; and

  G_ext

  is the quantity of electricity that is generated by the unit other than the given unit for which the electricity is being quantified, in the calendar year, expressed in GWh and that is determined by the formula

  

  where

  G_s

  is the gross quantity of electricity that is generated by the generators of the shared steam turbine in the calendar year, expressed in GWh, as measured at the electrical terminals of the generators of the shared steam turbine using meters that comply with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations,

  t

  is the t^th hour, where “t” goes from the number 1 to x and where x is the total number of hours during which the generators of the shared steam turbine generated electricity in the calendar year,

  j

  is the j^th external heat stream, originating from the other unit where “j” goes from the number 1 to m and where m is the total number of external heat streams that contributed to the electricity generated by the generators of the shared steam turbine of the unit,

  h_{ext_j}

  is the average specific enthalpy of the j^th external heat stream, originating from the other unit that contributed to the electricity generated by the generators of the shared steam turbine, expressed in GJ/tonne, during period “t” and must be based on the measurement of the temperature and pressure of that heat stream and determined using a continuous measuring device,

  M_{ext_j}

  is the mass flow of the j^th external heat stream originating from the other unit that contributed to the electricity generated by the generators of the shared steam turbine, expressed in tonnes, during period “t”, determined using a continuous measuring device,

  k

  is the k^th internal heat stream originating from the given unit, where “k” goes from the number 1 to l and where l is the total number of heat streams that originated from the combustion of fuel in the unit and that contributed to the electricity generated by the generators of the shared steam turbine,

  h_{int_k}

  is the average specific enthalpy of the k^th internal heat stream originating from the given unit and having contributed to the electricity generated by the generators of the shared steam turbine, expressed in GJ/tonne, during period “t” and must be based on the measurement of the temperature and pressure of that heat stream and determined using a continuous measuring device, and

  M_{int_k}

  is the mass flow of the k^th internal heat stream originating from the given unit that contributed to the electricity generated by the generators of the shared steam turbine, expressed in tonnes, during period “t”, determined using a continuous measuring device.

• Marginal note:Net quantity of useful thermal energy

  (3) In the case of a unit that simultaneously generates electricity and produces useful thermal energy from the fuel combusted by a combustion engine or boiler, as the case may be, the net quantity of useful thermal energy produced by the unit in a calendar year, expressed in GWh, is determined by the formula

  

  where

  t

  is the t^th hour, where “t” goes from the number 1 to x and where x is the total number of hours during which the unit produced useful thermal energy in the calendar year;

  i

  is the i^th heat stream exiting the unit, where “i” goes from the number 1 to n and where n is the total number of heat streams exiting the unit;

  h_{out_i}

  is the average specific enthalpy of the i^th heat stream exiting the unit, expressed in GJ/tonne, during period “t” and must be based on the measurement of the temperature and pressure of that heat stream and determined using a continuous measuring device;

  M_{out_i}

  is the mass flow of the i^th heat stream exiting the unit, expressed in tonnes, during period “t”, determined using a continuous measuring device;

  j

  is the j^th heat stream — other than condensate return — entering the unit, where “j” goes from the number 1 to m and where m is the total number of heat streams entering the unit;

  h_{in_j}

  is the average specific enthalpy of the j^th heat stream — other than condensate return — entering the unit, expressed in GJ/tonne, during period “t” and must be based on the measurement of the temperature and pressure of that heat stream and determined using a continuous measuring device; and

  M_{in_j}

  is the mass flow of the j^th heat stream — other than condensate return — entering the unit, expressed in tonnes, during period “t”, determined using a continuous measuring device.