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

Regulations are current to 2019-09-10

PART 1Boilers and Heaters (continued)

Testing

Marginal note:Initial test

  •  (1) During the reference period described in subsections (3) and (4), an initial test must be conducted to determine the NOx emission intensity of a boiler or heater referred to in any of sections 6, 7, 9 to 11, 13 and 14, whether or not it is subject to a limit referred to in that section for any hour of the reference period.

  • Marginal note:Stack test or CEMS test

    (2) The boiler’s or heater’s NOx emission intensity for the initial test must be determined

    • (a) if the boiler or heater meets the conditions set out in paragraphs 26(1)(a) and (b), by means of, one or more stack tests and a CEMS test — the stack tests being conducted in the reference period with at least one of those stack tests being conducted during each period described in subsection (5) and the CEMS test on the other boiler or heater referred to in paragraph 26(1)(b) being conducted for each hour in the reference period — with that determination being, for each period described in subsection (5) and each of the averaging periods in the reference period, the greater of

      • (i) the greatest NOx emission intensity that was determined by those stack tests, and

      • (ii) the greatest of the rolling hourly averages that were determined in respect of that averaging period; and

    • (b) in any other case, by means of

      • (i) one or more stack tests conducted in the reference period with at least one of those stack tests being conducted during each period described in subsection (5), or

      • (ii) a CEMS test, with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period.

  • Marginal note:Beginning of reference period

    (3) The reference period begins on

    • (a) for a modern boiler or heater that is commissioned at a regulated facility or for a transitional boiler or heater, the day — on or after its commissioning date — on which it begins to combust gaseous fossil fuel;

    • (b) for a redesigned boiler or heater referred to in section 10, the day — on or after its recommissioning date — on which it begins to combust gaseous fossil fuel;

    • (c) for a class 80 or class 70 boiler or heater referred to in section 11, the day on which it begins to combust gaseous fossil fuel on or after

      • (i) January 1, 2026, for a class 80 boiler or heater, and

      • (ii) January 1, 2036, for a class 70 boiler or heater;

    • (d) for a class 80 or class 70 boiler or heater referred to in subsection 13(1) or 14(1), the day — on or after its recommissioning date — on which it begins to combust gaseous fossil fuel;

    • (e) for a class 80 or class 70 boiler or heater referred to in subsection 14(2), the day that is 12 months after the day on which these Regulations are registered; and

    • (f) in any other case, the day — on or after the date on which this Part first applies in respect of the boiler or heater — on which it begins to combust gaseous fossil fuel.

  • Marginal note:End of reference period

    (4) The reference period ends on the earlier of

    • (a) the day that is six months after the day determined in accordance with subsection (3), and

    • (b) May 25 of the year that follows the year during which that reference period begins.

  • Marginal note:Periods for stack test determinations

    (5) An initial test that is conducted by means of one or more stack tests must include at least one stack test that is conducted during each of the following periods within the reference period:

    • (a) if there is a change in the type of gaseous fossil fuel combusted during the reference period,

      • (i) a period during which natural gas is combusted, and

      • (ii) a period during which alternative gas is combusted;

    • (b) in the case of a modern heater, if equipment to preheat air is installed or removed during the reference period,

      • (i) a period during which that equipment is operating, and

      • (ii) a period during which there is no preheated air; and

    • (c) in the case of a boiler, or a heater other than a modern heater, if equipment to preheat air is installed during the reference period, a period during which that equipment is operating.

  • Marginal note:Determination of type of fuel

    (6) The type of fuel — natural gas or alternative gas — that is combusted in a boiler’s or heater’s combustion chamber must be determined for each hour during the initial test.

Marginal note:Classification NOx emission intensity — on registration

  •  (1) The classification NOx emission intensity of a pre-existing boiler or heater — in respect of which this Part applies on the day on which these Regulations are registered and that has not undergone a major modification since that day — must, during the reference period that consists of the 12-month period that begins on that day, be determined

    • (a) by means of

      • (i) a stack test, or

      • (ii) a CEMS test, with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period; or

    • (b) by means of a record made of the assignment of the following classification NOx emission intensity to the boiler or heater in question:

      • (i) a NOx emission intensity that results from a determination by means of a stack test conducted in the period that begins on January 1, 2011 and ends on the day before the day on which these Regulations are registered, in accordance with sections 27 to 31,

        • (A) on the boiler or heater in question, if since that determination

          • (I) none of the burners of that boiler or heater has been replaced,

          • (II) no burner has been added to that boiler or heater, and

          • (III) that boiler or heater has not been relocated, or

        • (B) on the boiler or heater in question or another boiler or heater, if

          • (I) that determination is at least 70 g/GJ,

          • (II) since that determination but before the end of that period, the boiler or heater in question has undergone a major modification that involves the use of combustion modification techniques referred to in subsection 14(3), and

          • (III) in the case that the stack test was conducted on the other boiler or heater, the conditions set out in paragraphs (2)(a) to (f) were met by the boiler or heater in question and that other boiler or heater when the stack test was conducted,

      • (ii) 40 g/GJ, if a responsible person for the boiler or heater in question has a record of information that establishes that

        • (A) there is no equipment installed that allows for a stack test or CEMS test to be conducted on it, and

        • (B) that boiler or heater is designed to have a NOx emission intensity of less than 40 g/GJ if its NOx emission intensity were determined by means of a stack test conducted while it meets the conditions set out in paragraphs 27(2)(a) to (e),

      • (iii) 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and

        • (A) it has been identified under subsection (3) with another boiler or heater, and

        • (B) the classification NOx emission intensity of that other boiler or heater is determined by means of a stack test under subparagraph (a)(i) to be less than 40 g/GJ,

      • (iv) 40 g/GJ, if

        • (A) the boiler or heater in question has been identified under subsection (3) with another boiler or heater, and

        • (B) the classification NOx emission intensity of that other boiler or heater is determined by means of a CEMS test under subparagraph (a)(ii) to be less than 40 g/GJ,

      • (v) 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and

        • (A) it shares a common stack with at most four other boiler or heaters,

        • (B) it has been identified under subsection (3) with each of those other boilers or heaters, and

        • (C) the NOx emission intensity at the common stack is, in respect of that reference period, determined to be less than 40 g/GJ

          • (I) by means of a stack test whose test runs are conducted while each of the boilers or heaters sharing the common stack meets the conditions set out in paragraphs 27(2)(a) to (e), or

          • (II) by means of a CEMS test, or

      • (vi) 80 g/GJ, if a responsible person for the boiler or heater in question elects to assign that classification NOx emission intensity to it.

  • Marginal note:Identification

    (2) A boiler or heater for which a record is to be made of the assignment of its classification NOx emission intensity in accordance with subparagraph (1)(b)(iii), (iv) or (v) may be identified with each of the other boilers or heaters referred to in that subparagraph if it and all of the other boilers and heaters meet the following conditions:

    • (a) they have the same manufacturer;

    • (b) they have the same rated capacity;

    • (c) they are designed to have the same NOx emission intensity;

    • (d) they have the same equipment to preheat air, if any;

    • (e) they combust fuel from a common source; and

    • (f) they are juxtaposed.

  • Marginal note:Identification by recording

    (3) The identification is made on the recording of the following information:

    • (a) the name of the manufacturer — along with the serial number, make and model — of the boiler or heater for which a record is to be made of the assignment of its classification NOx emission intensity in accordance with subparagraph (1)(b)(iii), (iv) or (v);

    • (b) the name of the manufacturer — along with the serial number, make and model — of each of the other boilers or heaters referred to in that subparagraph;

    • (c) documentation that establishes that the boilers or heaters referred to in paragraphs (a) and (b) meet the conditions set out in paragraphs (2)(b) to (f);

    • (d) an indication that the boiler or heater referred to in paragraph (a) is identified with each of the other boilers or heaters referred to in paragraph (b); and

    • (e) the date of the recording.

  • Marginal note:At most four identifications

    (4) At most four boilers or heaters may be identified under subsection (3) with a given other boiler or heater referred to in clause (1)(b)(iii)(B) or (iv)(B).

 
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