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

Regulations are current to 2019-09-10

Multi-Sector Air Pollutants Regulations

SOR/2016-151

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2016-06-17

Multi-Sector Air Pollutants Regulations

P.C. 2016-567 2016-06-17

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on June 7, 2014 a copy of the proposed Multi-Sector Air Pollutants Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsections 93(1) and 330(3.2)Footnote d of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Multi-Sector Air Pollutants Regulations.

Overview

Marginal note:Parts 1, 2 and 3

  •  (1) For the purpose of protecting the environment and human health, Parts 1, 2 and 3 of these Regulations establish, respectively, requirements for the emission of the following air pollutants:

    • (a) NOx from boilers and heaters in certain regulated facilities in various industrial sectors;

    • (b) NOx from stationary spark-ignition engines that combust gaseous fuels in certain regulated facilities in various industrial sectors; and

    • (c) NOx and SO2 from cement manufacturing facilities.

  • Marginal note:Part 4 — General

    (2) Part 4 sets out general rules related to

    • (a) the CEMS Reference Method that governs the use of a Continuous Emissions Monitoring System;

    • (b) alternative rules to those set out in documents incorporated by reference into these Regulations; and

    • (c) the reporting, providing, recording and retention of information.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Canadian Environmental Protection Act, 1999. (Loi)

    Alberta CEMS Code

    Alberta CEMS Code means the method entitled Continuous Emission Monitoring System (CEMS) Code (Pub. No.: Ref. 107) — published in May 1998 by Her Majesty the Queen in right of Alberta, as represented by the Minister responsible for Alberta Environmental Protection — as read in accordance with subsection (4). (Code SMECE de l’Alberta)

    alumina facility

    alumina facility means a facility that is used or designed to produce alumina from bauxite for use in the production of aluminum. (installation de production d’alumine)

    aluminum facility

    aluminum facility means a facility that is used or designed

    • (a) to produce aluminum from alumina;

    • (b) to produce prebaked anodes for use in the production of aluminum; or

    • (c) to calcinate petroleum coke for use in the production of aluminum. (aluminerie)

    asphalt refinery

    asphalt refinery means a facility — other than a petroleum refinery — at which the annual volume of asphalt produced is greater than 33% of the annual volume of liquid petroleum products produced and that is used or designed to process, using distillation,

    • (a) crude oil or bitumen;

    • (b) blends of crude oil, or bitumen, with other hydrocarbon compounds; or

    • (c) partially refined feedstock derived from crude oil or bitumen. (raffinerie d’asphalte)

    ASTM

    ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM)

    ASTM D6522-11

    ASTM D6522-11 means the method entitled Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, published by ASTM. (méthode ASTM D6522-11)

    authorized official

    authorized official means

    • (a) in respect of a responsible person who is an individual, that individual or another individual who is authorized to act on their behalf;

    • (b) in respect of a responsible person that is a corporation, an officer of the corporation who is authorized to act on its behalf; and

    • (c) in respect of a responsible person that is another entity, an individual who is authorized to act on its behalf. (agent autorisé)

    base metals facility

    base metals facility means a pyrometallurgical or hydrometallurgical facility that is used or designed to recover or refine at least one of the following metals from feedstock that comes primarily from ore:

    • (a) nickel;

    • (b) copper;

    • (c) zinc;

    • (d) lead;

    • (e) cobalt; and

    • (f) chromium. (installation de production de métaux communs)

    boiler

    boiler means combustion equipment — other than combustion equipment that is used only in the production of electricity for sale — that is used or designed to transfer thermal energy from the combustion of a fuel to water or steam or another fluid. (chaudière)

    cement manufacturing facility

    cement manufacturing facility means a facility that is used or designed to produce clinker. (cimenterie)

    CEMS Reference Method

    CEMS Reference Method means the EC CEMS Code or the Alberta CEMS Code. (méthode de référence des SMECE)

    CFR

    CFR means Title 40, Chapter I of the Code of Federal Regulations of the United States. (CFR)

    chemicals facility

    chemicals facility means a facility that is used or designed to manufacture chemical substances from feedstock as its primary activity and where at least one of the following substances is manufactured:

    • (a) adipic acid, esters of adipic acid, or amines of adipic acid;

    • (b) titanium dioxide;

    • (c) carbon black;

    • (d) butyl rubber;

    • (e) ethylene that is produced from refined petroleum, liquid hydrocarbons or natural gas;

    • (f) ethylene glycol;

    • (g) grain ethanol for use in industrial applications or as fuel;

    • (h) linear alpha olefins;

    • (i) ethylene-based polymers;

    • (j) methanol;

    • (k) iso-octane;

    • (l) hydrogen that is produced, primarily for sale, from steam reforming;

    • (m) linear alkyl benzene;

    • (n) terephthalic acid;

    • (o) paraxylene;

    • (p) styrene or polystyrene;

    • (q) sodium hydroxide;

    • (r) citric acid;

    • (s) nylon resins, fibres and filaments; and

    • (t) nitric acid. (installation de fabrication de produits chimiques)

    Continuous Emission Monitoring System

    Continuous Emission Monitoring System or CEMS means equipment for the sampling, conditioning and analyzing of emissions from a given source and the recording of data related to those emissions. (système de mesure et d’enregistrement en continu des émissions ou SMECE)

    diesel fuel

    diesel fuel means a fuel that can evaporate at atmospheric pressure, that boils at a temperature of at least 130ºC and at most 400ºC and that is for use in diesel engines. (carburant diesel)

    EC CEMS Code

    EC CEMS Code means the method entitled Protocols and Performance Specifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation (EPS 1/PG/7) — published with revisions in December 2005 by Her Majesty the Queen in right of Canada, as represented by the Minister — as read in accordance with subsection (3). (Code SMECE d’EC)

    EC Method A

    EC Method A means the method known as Method A: Determination of Sampling Site and Traverse Points in Reference Method EPS 1/RM/8. (méthode A de l’EC)

    EC Method B

    EC Method B means the method known as Method B: Determination of Stack Gas Velocity and Volumetric Flow Rate in Reference Method EPS 1/RM/8. (méthode B de l’EC)

    EC Method D

    EC Method D means the method known as Method D: Determination of Moisture Content in Reference Method EPS 1/RM/8. (méthode D de l’EC)

    engine

    engine means an engine that

    • (a) when used, is stationary and is not in or on a machine that is self-propelled;

    • (b) operates under characteristics significantly similar to the theoretical Otto combustion cycle; and

    • (c) uses a spark plug or other sparking device. (moteur)

    EPA

    EPA means the Environmental Protection Agency of the United States. (EPA)

    EPA Method 1

    EPA Method 1 means the method entitled Method 1 — Sample and Velocity Traverses for Stationary Sources, set out in Appendix A-1 to Part 60 of the CFR. (méthode 1 de l’EPA)

    EPA Method 1A

    EPA Method 1A means the method entitled Method 1A — Sample and Velocity Traverses for Stationary Sources With Small Stacks or Ducts, set out in Appendix A-1 to Part 60 of the CFR. (méthode 1A de l’EPA)

    EPA Method 2

    EPA Method 2 means the method entitled Method 2 — Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S pitot tube), set out in Appendix A-1 to Part 60 of the CFR. (méthode 2 de l’EPA)

    EPA Method 3A

    EPA Method 3A means the method entitled Method 3A — Determination of Oxygen and Carbon Dioxide Concentrations in Emissions From Stationary Sources (Instrumental Analyzer Procedure), set out in Appendix A-2 to Part 60 of the CFR. (méthode 3A de l’EPA)

    EPA Method 4

    EPA Method 4 means the method entitled Method 4 — Determination of Moisture Content in Stack Gases, set out in Appendix A-3 to Part 60 of the CFR. (méthode 4 de l’EPA)

    EPA Method 6C

    EPA Method 6C means the method entitled Method 6C — Determination of Sulfur Dioxide Emissions From Stationary Sources (Instrumental Analyzer Procedure), set out in Appendix A-4 to Part 60 of the CFR. (méthode 6C de l’EPA)

    EPA Method 7E

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

    facility

    facility means the buildings, other structures and stationary equipment that are located on a single site or on adjacent sites that function as a single integrated site. (installation)

    gaseous fuel

    gaseous fuel means a fuel that is gaseous at a temperature of 15.6ºC and an absolute pressure of 101.325 kPa. (combustible gazeux)

    gasoline

    gasoline means a petroleum distillate, or a blend of petroleum distillates, oxygenates or additives, that is suitable for use in a spark-ignition engine and that has the following characteristics, as determined by the applicable test method listed in the National Standard of Canada CAN/CGSB-3.5-2011, Automotive Gasoline:

    • (a) a vapour pressure of at least 35 kPa;

    • (b) an antiknock index of at least 80;

    • (c) a distillation temperature, at which 10% of the fuel evaporates, of at least 35°C and at most 70°C; and

    • (d) a distillation temperature, at which 50% of the fuel evaporates, of at least 60°C and at most 120°C. (essence)

    heater

    heater means combustion equipment, other than a boiler, that is used or designed to transfer thermal energy from the combustion of a fuel to a material that is being processed outside the combustion chamber. (four industriel)

    iron ore pelletizing facility

    iron ore pelletizing facility means a facility that is used or designed to produce iron ore pellets from iron ore concentrate using an induration furnace. (installation de bouletage du minerai de fer)

    iron, steel and ilmenite facility

    iron, steel and ilmenite facility means a facility — other than a foundry that produces iron or steel castings — that is used or designed to produce at least one of the following products:

    • (a) metallurgical coke from coal;

    • (b) titanium slag or iron from iron- or titanium-bearing ores or from iron ore pellets; and

    • (c) steel from iron or scrap steel. (installation de production de fer, d’acier et d’ilménite)

    liquid petroleum product

    liquid petroleum product means

    • (a) naphtha;

    • (b) gasoline;

    • (c) aviation turbine fuel;

    • (d) kerosene;

    • (e) diesel fuel;

    • (f) light fuel oil;

    • (g) heavy fuel oil;

    • (h) naval distillate, bunker fuel or any other marine fuel;

    • (i) gas oil;

    • (j) lubricant basestock or petroleum-based lubricant;

    • (k) asphalt; or

    • (l) synthetic crude oil. (produit pétrolier liquide)

    nitrogen-based fertilizer facility

    nitrogen-based fertilizer facility means a facility that is used or designed to manufacture at least one of the following substances:

    • (a) anhydrous ammonia, or aqueous ammonia, produced from steam methane reforming; and

    • (b) urea. (installation de fabrication d’engrais à base d’azote)

    NOx

    NOx means oxides of nitrogen, which is the sum of nitric oxide (NO) and nitrogen dioxide (NO2). (NOx)

    oil and gas facility

    oil and gas facility means a facility, including an asphalt refinery or underground storage facility for gaseous fuel, that is used or designed

    • (a) to extract hydrocarbons from underground deposits or reservoirs other than by means of thermal methods or surface mining;

    • (b) to transport or process those hydrocarbons;

    • (c) to transport or treat wastewater or waste that is related to the extraction or processing of those hydrocarbons for its injection underground; or

    • (d) to inject that wastewater or waste underground.

    It does not include an oil sands facility, petroleum refinery, chemicals facility, nitrogen-based fertilizer facility or facility — other than an underground storage facility for gaseous fuel — that is primarily engaged in the local distribution of natural gas. (installation d’exploitation pétrolière et gazière)

    oil sands facility

    oil sands facility means a facility — other than a chemicals facility, nitrogen-based fertilizer facility or asphalt refinery — that is used or designed to engage in at least one of the following activities:

    • (a) the surface mining of crude oil- or bitumen-containing sand from geological deposits;

    • (b) the processing of that sand to separate crude oil or bitumen from that sand;

    • (c) the extraction of crude oil or bitumen from underground deposits or reservoirs by means of thermal methods; and

    • (d) the upgrading by means of the processing, using distillation, of crude oil or bitumen, or of blends of crude oil, or bitumen, with other hydrocarbon compounds, to produce a combined annual volume of gasoline, diesel fuel and lubricant basestock that is at most 40% of the facility’s annual volume of liquid petroleum products produced. (installation d’exploitation de sables bitumineux)

    operator

    operator means a person who has the charge, management or control of a boiler, heater, engine or cement manufacturing facility. (exploitant)

    petroleum refinery

    petroleum refinery means a facility at which the combined annual volume of gasoline, diesel fuel and lubricant basestock produced is greater than 40% of the annual volume of liquid petroleum products produced and that is used or designed to process, using distillation,

    • (a) crude oil or bitumen;

    • (b) blends of crude oil, or bitumen, with other hydrocarbon compounds; or

    • (c) partially refined feedstock derived from crude oil or bitumen. (raffinerie de pétrole)

    potash facility

    potash facility means a facility that is used or designed to produce potash, including a facility that is used or designed to extract potash-bearing ore. (installation de production de potasse)

    power plant

    power plant means a facility that is used or designed to produce electricity for sale via the electric grid as its primary activity. (centrale électrique)

    ppmvd

    ppmvd means parts per million, by volume on a dry basis. (ppmvs)

    pulp and paper facility

    pulp and paper facility means a facility that is used or designed to produce

    • (a) pulp from wood or from other plant material or paper products; or

    • (b) any product from pulp or a pulping process. (installation de production de pâte et papier)

    Reference Method EPS 1/RM/8

    Reference Method EPS 1/RM/8 means the document entitled Reference Method for Source Testing: Measurement of Releases of Particulate from Stationary Sources, published in December 1993 by Her Majesty the Queen in right of Canada, as represented by the Minister. (Méthode de référence SPE 1/RM/8)

    responsible person

    responsible person means an owner or operator of a boiler or heater, an engine or a cement manufacturing facility. (personne responsable)

    SO2

    SO2 means sulphur dioxide. (SO2)

    thermal method

    thermal method means a method of crude oil or bitumen extraction that involves the introduction of thermal energy into a geological formation in order to enhance the fluidity of crude oil or bitumen and to facilitate its extraction. It includes steam-assisted gravity drainage, cyclic steam stimulation, Toe-to-Heel Air Injection (THAI®), in situ combustion, flooding with heated water, solvent-assisted thermal methods and electro-thermal methods. (méthode thermique)

    underground storage facility for gaseous fuel

    underground storage facility for gaseous fuel means a facility — other than an oil sands facility, petrol refinery or asphalt facility — that is used or designed to store gaseous fuel underground. (installation de stockage souterrain de combustibles gazeux)

    year

    year means a calendar year. (année)

  • Marginal note:Interpretation of documents incorporated by reference

    (2) For the purpose of interpreting any document that is incorporated by reference into these Regulations, “should” must be read to mean “must” and any recommendation or suggestion must be read as an obligation, unless the context requires otherwise. For greater certainty, the context of the accuracy or precision of a measurement can never require otherwise.

  • Marginal note:EC CEMS Code

    (3) The EC CEMS Code is to be read as set out in Schedule 1.

  • Marginal note:Alberta CEMS Code

    (4) The Alberta CEMS Code is to be read as set out in Schedule 2.

  • Marginal note:EPA discretion

    (5) Any EPA method that is incorporated by reference into these Regulations must be read without reference to the exercise of discretion by the EPA or by the Administrator of the EPA.

  • Marginal note:Inconsistency

    (6) In the event of an inconsistency between a provision of these Regulations and a document that is incorporated by reference into these Regulations, the provision prevails to the extent of the inconsistency.

  • Marginal note:Methods incorporated by reference

    (7) Any method of the EPA or ASTM that is incorporated by reference into these Regulations is incorporated as amended from time to time.

 
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