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

Regulations are current to 2019-08-28

PART 3Cement (continued)

Marginal note:Application — grey cement

 This Part applies in respect of cement manufacturing facilities that produce clinker for use in the manufacture of grey cement.

Marginal note:Obligation — over two consecutive years

  •  (1) As of January 1, 2020, a cement manufacturing facility must not — over any two consecutive years — emit NOx or SO2 in a quantity that exceeds the emission limit for each of those years for that substance, as determined in accordance with sections 104 and 105, respectively.

  • Marginal note:Obligation — yearly

    (2) If a cement manufacturing facility does not comply with that emission limit for either NOx or SO2 over a period of two consecutive years, it must not — during each year after that period — emit either NOx or SO2 in a quantity that exceeds its emission limit for that year, as determined in accordance with sections 104 and 105.

Marginal note:Emission limit — NOx

  •  (1) The emission limit for a year for the emission of NOx from a cement manufacturing facility is determined by the formula

    Σi(EINOxi × Pi)/ΣiPi

    where

    EINOxi
    is the maximum emission intensity for the year for the emission of NOx from the ith kiln stack in the cement manufacturing facility — namely, the maximum quantity of NOx emitted per tonne of clinker produced at the ith kiln in the cement manufacturing facility in the year — which is
    • (a) for preheater kilns and precalciner kilns, 2.25 kg/t, and

    • (b) for wet kilns and long dry kilns, as elected in accordance with subsection (2),

      • (i) 2.55 kg/t, or

      • (ii) determined by the formula

        EI2006 – (0.3 × EI2006)

        where

        EI2006
        is the quantity of NOx, expressed in kg, that was emitted at the cement manufacturing facility in 2006 per tonne of clinker produced, as reported in respect of the cement manufacturing facility to the Minister in accordance with the Notice with respect to reporting of information on air pollutants, greenhouse gases and other substances for the 2006 calendar year, published in the Canada Gazette, Part I, Volume 141, No. 49, on December 8, 2007;
    i
    is ith kiln in the cement manufacturing facility, where i goes from 1 to n and where n is the number of kilns in the cement manufacturing facility; and
    Pi
    is the quantity of clinker, expressed in t, that is produced by the ith kiln in the cement manufacturing facility in the year.
  • Marginal note:Election — 2020

    (2) A responsible person for the cement manufacturing facility who provides the Minister with a compliance report required by section 108 in respect of the year 2020 must, in that compliance report, make the election referred to in paragraph (b) of the description of EINOxi in subsection (1).

  • Marginal note:Election — subsequent years

    (3) The maximum emission intensity for the emission of NOx from the ith kiln in the cement manufacturing facility for the year 2020 that is elected by the responsible person also applies for each subsequent year.

Marginal note:Emission limit — SO2

 The emission limit for a year for the emission of SO2 from a cement manufacturing facility is determined by the formula

Σi(EISO2i × Pi)/ΣiPi

where

EISO2i
is the maximum emission intensity for the year for the emission of SO2 from the ith kiln stack in the cement manufacturing facility — namely, the maximum quantity of SO2 emitted per tonne of clinker produced at the ith kiln in the cement manufacturing facility in the year — which is 3.0 kg/t;
i
is the ith kiln in the cement manufacturing facility, where i goes from 1 to n and where n is the number of kilns in the cement manufacturing facility; and
Pi
is the quantity of clinker, expressed in t, that is produced by the ith kiln in the cement manufacturing facility in the year.

Marginal note:Quantity of NOx and SO2 — CEMS

 As of January 1, 2018, the quantity, expressed in kg, of NOx and SO2 emitted, during a given year, from each kiln stack in a cement manufacturing facility must be determined by means of a CEMS.

Marginal note:Quantity of clinker

  •  (1) For the purpose of determining the value for Pi in sections 104 and 105, the quantity of clinker that is produced at each kiln in the cement manufacturing facility in the year must be determined by

    • (a) weighing that quantity directly using the measuring devices that were used for inventory purposes;

    • (b) using a method of calculation that is based on the measuring devices that were used for inventory purposes; or

    • (c) applying a feedstock-to-clinker conversion factor, specific to the kiln, to a direct measurement of the quantity of feedstock introduced into the kiln during that year, which accurately determines the quantity of clinker that is produced from a given quantity of feedstock introduced.

  • Marginal note:Accuracy of feedstock-to-clinker conversion factor

    (2) The accuracy of the feedstock-to-clinker conversion factor must be verified

    • (a) at least once per year, but at least four months after a previous verification; and

    • (b) as soon as feasible after a major change in the clinker production processes that could affect the accuracy of the factor.

  • Marginal note:Record-making

    (3) A record of that verification must be made that demonstrates the accuracy of the feedstock-to-clinker conversion factor.

Marginal note:Compliance report

 As of January 1, 2019, on or before June 1 of every year a compliance report that contains the information for the cement manufacturing facility that is set out in Schedule 11 in respect of the preceding year must be provided to the Minister.

PART 4General

Continuous Emission Monitoring Systems

Marginal note:CEMS Reference Method — compliance

 If a CEMS is used to determine a NOx emission intensity under Part 1 or a quantity of emissions under section 106, the CEMS Reference Method must be complied with, notably

  • (a) the design specifications and any related requirements that are set out in

    • (i) Section 3.0 of the EC CEMS Code entitled “Design Specifications and Test Procedures”, or

    • (ii) Section 2.0 of the Alberta CEMS Code entitled “Design Specifications”;

  • (b) the installation specifications and any related requirements that are set out in

    • (i) Section 4.0 of the EC CEMS Code entitled “Installation Specifications”, or

    • (ii) Section 3.0 of the Alberta CEMS Code entitled “Installation Specifications”;

  • (c) the performance specifications and any related requirements, particularly in respect of testing, that are set out in

    • (i) Section 5.0 of the EC CEMS Code entitled “Certification Performance Specifications and Test Procedures”, including certification of the CEMS and the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA), or

    • (ii) Section 4.0 of the Alberta CEMS Code entitled “Performance Specifications and Test Procedures”, including certification of the CEMS and the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA); and

  • (d) the requirements concerning the development and implementation of manuals or plans for quality assurance and quality control that are set out in

    • (i) Section 6.0 of the EC CEMS Code entitled “Quality Assurance and Quality Control”, or

    • (ii) Section 5.0 of the Alberta CEMS Code entitled “Quality Assurance and Quality Control”.

Marginal note:Annual audit

  •  (1) For each year during which a responsible person uses a CEMS to determine a NOx emission intensity under Part 1 or a quantity of emissions under section 106, the responsible person must ensure that an auditor evaluates whether, in the auditor’s opinion, the responsible person has complied with the CEMS Reference Method and, in particular, whether

    • (a) the CEMS has met the specifications set out in the CEMS Reference Method;

    • (b) the results of each relative accuracy test and each bias test for each of the relative accuracy test audits (RATA) for the 12 months preceding the auditor’s audit have not exceeded the applicable limit referred to in the CEMS Reference Method; and

    • (c) the responsible person has established a Quality Assurance/Quality Control manual that complies with Section 6.0 of the EC CEMS Code or a Quality Assurance Plan that complies with Section 5.1 of the Alberta CEMS Code and, if so, whether

      • (i) the responsible person has implemented it,

      • (ii) its implementation ensures that the data generated by the CEMS is complete, accurate and precise, and

      • (iii) it has been updated in accordance with the CEMS Reference Method.

  • Marginal note:Auditor’s report

    (2) The responsible person must, within 30 days after the day on which the auditor completes their audit, obtain a report, signed by the auditor, that contains the information set out in Schedule 12.

  • Marginal note:Request for auditor’s report

    (3) The responsible person must, on the Minister’s request, provide the Minister with a copy of an auditor’s report within 15 days after the request.

  • Marginal note:Provision of auditor’s report to Minister

    (4) A responsible person who uses a CEMS to determine a NOx emission intensity under Part 1 must, for each year during which they use a CEMS, provide the Minister with a copy of the auditor’s report for that year by June 1 of the following year, if the opinion stated by the auditor in the report is that the responsible person has not complied with any aspect of the CEMS Reference Method.

  • Marginal note:Auditor

    (5) For the purpose of this section, an auditor is a person who

    • (a) is independent of the responsible person who uses a CEMS; and

    • (b) has demonstrated knowledge of and experience in

      • (i) the certification, operation and relative accuracy test audit (RATA) of Continuous Emission Monitoring Systems,

      • (ii) quality assurance and quality control procedures in relation to those systems, and

      • (iii) the conducting of audits in relation to those systems.

 
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