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

Regulations are current to 2019-08-15

PART 4General (continued)

Measuring Devices

Marginal note:Installation, operation, maintenance and calibration

 Unless otherwise provided by these Regulations, any measuring device that is used to determine a quantity for the purpose of these Regulations must be installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications or any applicable generally recognized national or international industry standard.

Alternative Rules

Marginal note:Application

  •  (1) The Minister may — on written application by a responsible person for a boiler, heater, engine or cement manufacturing facility — approve an alternative rule in respect of the boiler, heater or engine or a kiln located in the cement manufacturing facility to replace a rule set out in a document that is incorporated by reference into these Regulations with respect to

    • (a) any requirement for sampling, analyses, tests, measurements or monitoring; or

    • (b) any condition, test procedure or laboratory practice that is relevant to those requirements.

  • Marginal note:Exception for rule to be replaced

    (2) The rule that is to be replaced must not be a rule that is contained in EPA Method 7E or EPA Method 6C in relation to the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA) referred to in subparagraph 109(c)(i) or (ii).

  • Marginal note:Alternative rule

    (3) The proposed alternative rule must be a rule that the responsible person may comply with in order to comply with a provincial law in respect of the boiler, heater, engine or kiln and be

    • (a) a modification of a rule set out in a document that is incorporated by reference in these Regulations; or

    • (b) a rule, other than a rule referred to in paragraph (a), that consists of

      • (i) the whole or a part of a standard or method published by

        • (A) a government of any state or of a subdivision of any state, or any institution of such a state or subdivision,

        • (B) an international organization of states or an international organization that is established by the governments of states, or any institution of one of those international organizations, or

        • (C) an organization that develops standards or methods based on consensus and that is internationally recognized as being competent to establish that standard or method; or

      • (ii) a modification of a rule described in subparagraph (i).

  • Marginal note:Information for application

    (4) The application must include

    • (a) the following information respecting the responsible person who is the applicant:

      • (i) their name, civic address and email address, along with an indication as to whether they are an owner or operator, or both, of the boiler, heater, engine or cement manufacturing facility,

      • (ii) the name, title, civic and postal addresses, if any, telephone number and email address of their authorized official, and

      • (iii) the name, title, civic and postal addresses, if any, telephone number and email address of a contact person, if different from the authorized official;

    • (b) for each responsible person for the boiler, heater, engine or cement manufacturing facility other than the applicant, their name, civic address and email address, along with an indication as to whether they are an owner or operator of it, or both;

    • (c) an indication of the rule that is to be replaced, along with an indication of

      • (i) the provisions of the document incorporated by reference into these Regulations that set out the rule that is to be replaced, and

      • (ii) the provisions of these Regulations that refer to that document and that invoke that rule;

    • (d) the text of the proposed alternative rule, along with

      • (i) the source of that proposed alternative rule, namely,

        • (A) an indication of the provisions of provincial law that set out that proposed alternative rule,

        • (B) a copy of a permit issued under provincial law along with an indication of the provisions of the permit that set out that proposed alternative rule, or

        • (C) the sources referred to in both clauses (A) and (B), and

      • (ii) an indication of the provisions of the standard or method referred to in subparagraph (3)(b)(i) that constitutes the proposed alternative rule or that were modified to constitute the proposed alternative rule, along with a copy of that standard or method;

    • (e) a demonstration that the proposed alternative rule — read in the entire context of the rule that is to be replaced, including the context of the document within which that replaced rule is found, and read harmoniously within the scheme of these Regulations — is at least as rigorous and effective as the rule that is to be replaced;

    • (f) information that identifies the boiler, heater, engine or kiln, including

      • (i) for the boiler or heater,

        • (A) an indication as to whether it is a boiler or a heater,

        • (B) the name of its manufacturer, along with its serial number, make and model,

        • (C) its rated capacity, and

        • (D) in respect of the facility where it is located, its identifier, if any, within that facility and the facility’s

          • (I) civic address,

          • (II) National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act, and

          • (III) provincial identification number,

      • (ii) for the engine,

        • (A) its serial number or, if the serial number is not known or cannot be obtained, its unique alphanumeric identifier,

        • (B) its make and model, and

        • (C) in respect of the facility where it is located, its identifier, if any, within that facility and the facility’s

          • (I) civic address or, if there is no civic address, its latitude and longitude,

          • (II) National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act, and

          • (III) provincial identification number,

      • (iii) for the kiln ,

        • (A) the name of the cement manufacturing facility where it is located,

        • (B) the civic address of the cement manufacturing facility or, if there is no civic address, its latitude and longitude,

        • (C) the cement manufacturing facility’s National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act,

        • (D) information that identifies the kiln, and

        • (E) the kiln’s type, that is, whether it is

          • (I) a precalciner kiln,

          • (II) a preheater kiln,

          • (III) a wet kiln, or

          • (IV) a long dry kiln; and

    • (g) any other information that is necessary to consider in order to grant the application.

  • Marginal note:Paragraph (4)(e) — concentration of NOx

    (5) If a proposed alternative rule described in paragraph (3)(b) concerns the determination of the concentration of NOx in a gas, other than by means of a CEMS, the demonstration referred to in paragraph (4)(e) must compare its rigour and effectiveness to the rigour and effectiveness of making that determination based on EPA Method 7E or ASTM D6522-11.

 
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