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

Regulations are current to 2019-08-28

PART 1Boilers and Heaters (continued)

Operation, Maintenance and Design

Marginal note:Specifications

 A boiler or heater must be operated and maintained in accordance with the specifications set out by its manufacturer or required by its design.

Reporting

Marginal note:Initial report

 An initial report in respect of an initial test conducted under section 33 that contains the information set out in Schedule 6 must be provided to the Minister not later than the June 1 following the end of the reference period for the initial test.

Marginal note:Classification reports — sections 34 and 35

  •  (1) A classification report — in respect of a determination of a boiler’s or heater’s classification NOx emission intensity made under subsection 34(1) or 35(1) — that contains the information set out in Schedule 5 must be provided to the Minister not later than

    • (a) for a determination made under subsection 34(1),

      • (i) if the determination was made by means of a test referred to in paragraph 34(1)(a), the day that is 18 months after the day on which these Regulations are registered, and

      • (ii) in any other case, the day that is 12 months after the day on which these Regulations are registered; and

    • (b) for a determination made under subsection 35(1), the earlier of

      • (i) the day that is six months after the day on which this Part first applied in respect of the boiler or heater, and

      • (ii) December 31, 2022.

  • Marginal note:Classification reports — 2023, 2024 and 2025

    (2) A classification report — in respect of a pre-existing boiler or heater that, in 2023, 2024 or 2025, is deemed under subsection 12(2) to be class 80 and to have a classification NOx emission intensity of 80 g/GJ — that contains the information set out in Schedule 5 must be provided to the Minister by the earlier of

    • (a) the day that is six months after the day on which this Part first applied in respect of the boiler or heater, and

    • (b) December 31, 2025.

Marginal note:Compliance report

  •  (1) A compliance report — in respect of a boiler or heater that has a rated capacity of more than 105 GJ/h and for which an initial report has been provided under section 40 — that contains the information set out in Schedule 7 must be provided to the Minister in respect of the following reporting period:

    • (a) for the first compliance report, the reference period for the first compliance test referred to in paragraph 38(4)(a); and

    • (b) for every subsequent compliance report,

      • (i) for a boiler or heater whose NOx emission intensity must not, for any hour during a year, exceed a limit referred to in any of sections 6, 7, 9 to 11, 13 and 14,

        • (A) that year, if the boiler’s or heater’s NOx emission intensity was determined by means of a CEMS test, including any determination based on a stack test referred to in paragraph 26(2)(a), for the purpose of the compliance test referred to in section 38 for the reference period that is that year,

        • (B) the period of three consecutive years that includes that year, if the boiler’s or heater’s NOx emission intensity — as determined by the three most recent compliance tests referred to in section 38, each of which was conducted before that period began by means of one or more stack tests and had a reference period of a year referred to in paragraph 38(4)(b) — was less than 80% and at least 60% of any NOx emission intensity limit applicable to the boiler or heater for that reference period,

        • (C) the period of five consecutive years that includes that year, if the boiler’s or heater’s NOx emission intensity — as determined by the five most recent compliance tests referred to in section 38, each of which was conducted before that period began by means of one or more stack tests and had a reference period of a year referred to in paragraph 38(4)(b) — was less than 60% of any NOx emission intensity limit applicable to the boiler or heater for that reference period, and

        • (D) that year, if the boiler’s or heater’s NOx emission intensity was determined by means of one or more stack tests for the purpose of the most recent compliance test referred to in section 38 conducted before that year, other than a most recent compliance test referred to in any of clauses (A) to (C), and

      • (ii) for a boiler or heater whose NOx emission intensity is not, for any hour during a year, subject to a limit referred to in any of sections 6, 7, 9 to 11, 13 and 14, that year.

  • Marginal note:June 1

    (2) The compliance report must be provided by the June 1 following the end of the reporting period.

Marginal note:Change report

  •  (1) If the information in respect of a boiler or heater that was provided in a report changes, a change report must be provided to the Minister that identifies the name of the boiler’s or heater’s manufacturer, along with its serial number, make and model, and that contains the updated information, as follows:

    • (a) for a change in information referred to in section 1 or 2 or any of paragraphs 3(a), (b), (d), (e), (i) and (j) of Schedule 6, the changed information within the period that ends 31 days after the change;

    • (b) for a boiler or heater that is permanently taken out of service, an indication to that effect, along with the information referred to in section 1 of Schedule 6, within the period that ends six months after the last day on which it combusted gaseous fossil fuel;

    • (c) for a boiler or heater that is relocated to a facility that is not a regulated facility, an indication to that effect, along with the information referred to in section 1 of Schedule 6, within the period that ends six months after the day on which it was relocated;

    • (d) for a boiler or heater that is redesigned to no longer combust gaseous fossil fuel, an indication to that effect, along with the information referred to in section 1 of Schedule 6, within the period that ends six months after the last day on which it combusted gaseous fossil fuel;

    • (e) for a boiler or heater that has a rated capacity of at most 105 GJ/h and that changes the type of gaseous fossil fuel that it combusts from natural gas to alternative gas, or vice versa, the result of a determination under section 25 of its NOx emission intensity made when the type of gaseous fossil fuel combusted was natural gas or alternative gas, whichever type was not combusted during the determination provided in the most recent report before the change, along with, within six months after the end of the reference period,

      • (i) if the determination was made by means of a stack test, the information referred to in subparagraphs 3(k)(i) to (v) of Schedule 6, and

      • (ii) if the determination was made by means of a CEMS test, the information referred to in subparagraphs 3(l)(i) and (ii) of Schedule 6;

    • (f) for a boiler or heater that has a rated capacity of at most 105 GJ/h and that undergoes a change involving the installation of equipment to preheat air or, in the case of modern heater, involving the removal of that equipment, the result of a determination under section 25 of its NOx emission intensity made when the boiler or heater operates — with preheated air, if it was not operating with preheated air before the change, or without preheated air, if it was operating with preheated air before the change — along with, within six months after the end of the reference period ,

      • (i) if the determination was made by means of a stack test, the information referred to in paragraph 3(j) and subparagraphs 3(k)(i) to (v) of Schedule 6, and

      • (ii) if the determination was made by means of a CEMS test, the information referred to in paragraph 3(j) and subparagraphs 3(l)(i) and (ii) of Schedule 6; and

    • (g) for a change in the class of a boiler or heater that results from a redetermination of its classification NOx emission intensity under section 36 or 37, the information referred to in section 1 or 2, paragraphs 3(c) and (e) or any of sections 4 to 8 of Schedule 5, within the period that ends six months after the date on which that redetermination is made.

  • Marginal note:Reference period

    (2) For a change referred to in paragraph (1)(e) or (f), or a subsequent change referred to in subsection (4), the reference period begins on the day on which the boiler or heater begins to combust gaseous fossil fuel after the change and ends on the day that is six months after that day.

  • Marginal note:Subsequent change of gaseous fossil fuel

    (3) No matter how many subsequent changes in the type of gaseous fossil fuel combusted — from natural gas to alternative gas, or vice versa — may occur, no further reports are required to be provided after the change report referred to in paragraph (1)(e) is provided.

  • Marginal note:Subsequent change after other change

    (4) Despite subsection (3), if a change referred to in paragraph (1)(f) occurs and there is also a subsequent change in the type of gaseous fossil fuel combusted as compared to the type of gaseous fossil fuel combusted during the determination referred to in that paragraph, the result of a determination — under section 25 of the boiler’s or heater’s NOx emission intensity made in the reference period when the type of gaseous fossil fuel combusted was natural gas or alternative gas, whichever type was not combusted during the determination provided in the most recent report before that subsequent change — must be provided to the Minister within six months after the end of the reference period.

 
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