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

Regulations are current to 2024-03-06 and last amended on 2023-01-01. Previous Versions

PART 2Stationary Spark-ignition Engines (continued)

General (continued)

Marginal note:Designation as rich-burn engine

  •  (1) An engine that is designated by its manufacturer as being a rich-burn engine is presumed to be a rich-burn engine.

  • Marginal note:Rebuttal — lean-burn engine

    (2) The presumption is rebutted if the responsible person for the engine establishes that the oxygen content in the exhaust gas, before any dilution, is at least 4%, determined by volume on a dry basis.

Marginal note:Applicable units — NOx emission intensity limit

 The applicable NOx emission intensity limit for an engine referred to in section 54, 57 or 58 or paragraph 59(1)(b) is the limit that is expressed in

  • (a) the same units, ppmvd15% or g/kWh, that were used to determine the NOx emission intensity of the engine for the most recent performance test conducted under section 77 or 78; or

  • (b) ppmvd15%, in the absence of a prior performance test or if the units that were used to make the determination for that most recent performance test are not known.

Modern Engines

Marginal note:Regular-use — limit

 The NOx emission intensity of a modern engine that is regular-use and has a rated brake power of at least 75 kW must not exceed the limit of 160 ppmvd15% or 2.7 g/kWh, whichever applies.

Marginal note:Low-use — limit

 The NOx emission intensity of a modern engine that is low-use and has a rated brake power of at least 100 kW must not exceed the limit of 160 ppmvd15%.

Pre-existing Engines

Groups

Marginal note:Establishment

  •  (1) For the purposes of sections 58 to 68, a responsible person for pre-existing engines that are regular-use and have a rated brake power of at least 250 kW establishes their group by designating which of those engines is to belong to the group.

  • Marginal note:One group

    (2) A responsible person may have at most one group.

  • Marginal note:Designation date

    (3) An engine is designated as belonging to a responsible person’s group as of

    • (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they make a record that contains the following information:

      • (i) that date,

      • (ii) the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier,

      • (iii) the date on which the record was made, and

      • (iv) an indication that the engine belongs to the group; and

    • (b) in any other case, the date on which the responsible person makes a record that contains the following information:

      • (i) the engine’s serial number — or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier ,

      • (ii) the date on which the record was made, and

      • (iii) an indication that the engine belongs to the group.

  • Marginal note:Ceasing to belong

    (4) An engine that belongs to a responsible person’s group ceases to belong to the group if

    • (a) the engine ceases to be a regular-use engine; or

    • (b) the responsible person cancels its designation as belonging to their group by making a record of the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , along with the date of the cancellation.

  • Marginal note:Deemed not belonging to any group

    (5) An engine that has been designated as belonging to more than one group is deemed not to belong to any group.

NOx Emission Intensity Limits

Marginal note:Engines not belonging to a group

 The NOx emission intensity of a pre-existing engine that is regular-use, has a rated brake power of at least 250 kW and does not belong to any group must not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies.

Marginal note:Engines belonging to a group after 2025

 Subject to section 60, as of January 1, 2026, the NOx emission intensity of an engine that belongs to a group must not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies.

Marginal note:Engines belonging to a group from 2021 to 2025

  •  (1) Subject to section 60, in the period that begins on January 1, 2021 and ends on December 31, 2025, within each group of engines there must be a subset of engines that has the following characteristics:

    • (a) the total rated brake power of the engines that belong to the subset is at least 50% of the total rated brake power of the engines that belong to the group; and

    • (b) the NOx emission intensity of each engine that belongs to the subset does not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies.

  • Marginal note:Ceasing to belong

    (2) For the purpose of paragraph (1)(a), even if an engine that has been registered under subsection 97(3) ceases to belong to the group, its rated brake power may be included in the total rated brake power of both the subset referred to in paragraph (1)(a) and the group.

Yearly Average NOx Emission Intensity Limits — on Election

Marginal note:After 2025 and from 2021 to 2025

 A responsible person who makes an election in accordance with subsection 61(1) to opt out of the application of section 58 or 59 must — for each year after 2020 that follows the making of the election — ensure that the yearly average NOx emission intensity of each subgroup that they establish under section 65 does not exceed the following limit:

  • (a) 210 ppmvd15% or 4 g/kWh, whichever applies, for years after 2025; or

  • (b) 421 ppmvd15% or 8 g/kWh, whichever applies, for the years 2021 to 2025.

Marginal note:Election

  •  (1) The responsible person must — by the October 31 immediately before the first year in respect of which the limit referred to in section 60 is to apply — make the election by providing the Minister with the following information for inclusion in the engine registry for each subgroup that they establish under section 65:

    • (a) the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of each pre-existing engine and replacement unit that belongs to the subgroup; and

    • (b) each NOx emission value, if any, that is assigned under section 67 to a pre-existing engine, or a replacement unit that is a modern engine, that belongs to the subgroup.

  • Marginal note:Yearly average NOx emission intensity

    (2) The yearly average NOx emission intensity of a subgroup for a year is determined by the formula

    ΣiΣj(Eij ×Pi × Tij)/ΣiΣj(Pi × Tij)

    where

    Eij
    is the jth NOx emission value, expressed in ppmvd15% or g/kWh, assigned under subsection 66(1) or 67(1) to the ith engine or replacement unit that belongs to the subgroup;
    Pi
    is the rated brake power, expressed in kW, of the ith engine or replacement unit that belongs to the subgroup;
    Tij
    is — excluding any period referred to in section 49 —
    • (a) the number of hours during the year that the ith engine or replacement unit operated while it belonged to the subgroup and had an assigned NOx emission value of Eij, or

    • (b) the number of days during the year that the ith engine or replacement unit operated at any time during a day while it belonged to the subgroup and had an assigned NOx emission value of Eij, if Tij is determined under this paragraph for all the engines and replacement units that belong to the subgroup;

    i
    is the ith engine or replacement unit that belongs to the subgroup, where i goes from 1 to m and where m is the number of those engines and replacement units that belong to the subgroup; and
    j
    is the jth assignment under subsection 66(1) or 67(1) of a NOx emission value to the ith engine or replacement unit that belongs to the subgroup, where j goes from 1 to n and where n is the number of assignments of NOx emission values under those subsections to that engine or replacement unit during the year.
  • Marginal note:Number of hours

    (3) The number of hours during a year referred to in paragraph (a) of the description of Tij in subsection (2) must be determined

    • (a) by means of a non-resettable hour meter, or another non-resettable device, installed on the ith engine or replacement unit to take readings that are recorded along with the dates of the readings and the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine within the shortest feasible period before or after

      • (i) January 1 of that year,

      • (ii) January 1 of the year after that year,

      • (iii) the date of any change in the NOx emission value assigned to the ith engine under subsection 66(1) or 67(1),

      • (iv) the date on which the ith engine or replacement unit is designated as belonging to the subgroup, and

      • (v) the date on which the ith engine or replacement unit ceases to belong to the group;

    • (b) by means of a log of operations used to make a record in respect of the ith engine or replacement unit at least once every 30 days during that year that contains

      • (i) data related to the number of hours that it has operated on each day since any previous record,

      • (ii) the dates of those days,

      • (iii) its make, model and serial number or, if the serial number is not known or cannot be obtained, unique alphanumeric identifier, and

      • (iv) the initials of the person making the record; or

    • (c) by means of a SCADA system used to make a record in respect of the ith engine or replacement unit at least once every 30 days during that year that contains

      • (i) data that is taken every 15 minutes and used to determine the number of hours that it has operated,

      • (ii) the dates on which that data was taken, and

      • (iii) data that can be used to identify its make, model and serial number or, if the serial number is not known or cannot be obtained, unique alphanumeric identifier.

  • Marginal note:Continuous operation

    (4) The non-resettable hour meter, the other non-resettable device or the SCADA system must operate continuously, other than during periods when it is undergoing normal servicing or timely repairs.

Marginal note:Revocation — on notice

  •  (1) A responsible person may revoke their election by providing the Minister with a notice of revocation for inclusion in the engine registry by October 31 of a given year.

  • Marginal note:Applicable limits

    (2) As of the first year that begins after the day on which the notice was provided,

    • (a) the election is revoked;

    • (b) the limit referred to in section 60 ceases to apply to the responsible person in respect of each subgroup that they establish under section 65; and

    • (c) section 58 or 59, as the case may be, applies to the responsible person in respect of the engines that belong to their group.

Marginal note:Revocation — after conviction

  •  (1) An election that is made by a responsible person who is convicted of an offence under the Act in respect of these Regulations is revoked on the January 1 that follows the period of 36 months after their conviction.

  • Marginal note:After revocation

    (2) As of the revocation,

    • (a) the limit referred to in section 60 ceases to apply to the responsible person in respect of each subgroup that they established under section 65;

    • (b) section 58 or 59, as the case may be, applies to the responsible person in respect of the engines that belong to their group; and

    • (c) the responsible person is no longer permitted to make an election under subsection 61(1).

Marginal note:Replacement units

  •  (1) For the purpose of section 60, the responsible person may replace in their group any pre-existing engine that ceases to belong to it by an eligible replacement unit if

    • (a) the pre-existing engine has operated while it belonged to the group for at least 1,314 hours during the 36 months before the date on which it ceased to belong to the group;

    • (b) the total rated brake power of that replacement unit and the other replacement units that belong to the group is at most the total rated brake power of

      • (i) that pre-existing engine, and

      • (ii) the other pre-existing engines that have been registered by the responsible person in the engine registry under subsection 97(3) and have ceased to belong to the group;

    • (c) the replacement unit is owned or operated by the responsible person; and

    • (d) the replacement unit is located in an oil and gas facility, other than an asphalt refinery.

  • Marginal note:Eligible replacement units

    (2) The following are eligible replacement units:

    • (a) a modern engine;

    • (b) an electric motor; and

    • (c) a combustion turbine that is equipped with an emission control system that ensures that its NOx emission intensity is at most, as applicable,

      • (i) 75 ppmvd15% or 1.8 g/kWh, if it is used for mechanical drive and has a rated brake power of less than 4 MW,

      • (ii) 42 ppmvd15% or 1.0 g/kWh, if it is used for electricity generation and has a rated brake power of less than 4 MW,

      • (iii) 25 ppmvd15% or 0.5 g/kWh, if it has a rated brake power of at least 4 MW and at most 70 MW, and

      • (iv) 15 ppmvd15% or 0.3 g/kWh, if it has a rated brake power of more than 70 MW.

  • Marginal note:Ceasing to belong

    (3) A replacement unit that no longer meets a condition that is set out in paragraph (1)(c) or (d) ceases to belong to the responsible person’s group.

  • Marginal note:Effective date of replacement

    (4) The replacement of the pre-existing engine by the replacement unit takes effect on the day on which the responsible person provides the Minister with the following information for inclusion in the engine registry:

    • (a) the date on which the pre-existing engine ceased to belong to their group; and

    • (b) the information set out in sections 1 to 3 of Schedule 9 in respect of the pre-existing engine and the replacement unit.

  • Marginal note:Reintroduction of replaced engines

    (5) A pre-existing engine that has been replaced may be reintroduced into the responsible person’s group if replacement units — having a total rated brake power that is at least the rated brake power of the engine — are removed from the group.

Marginal note:Designation of subgroups

  •  (1) A responsible person who is subject to a limit set out in section 60 must establish one or more subgroups by, for each subgroup,

    • (a) assigning an identifier to it;

    • (b) designating — from among the pre-existing engines and replacement units that belong to their group — those that are to belong to that subgroup; and

    • (c) selecting the units, ppmvd15% or g/kWh, that are to be used to express the NOx emission value of the pre-existing engines and replacement units that belong to that subgroup.

  • Marginal note:Engines in subgroups

    (2) Each pre-existing engine and replacement unit that belongs to their group must be included in exactly one subgroup.

  • Marginal note:Designation date

    (3) An engine or replacement unit is designated as belonging to the subgroup as of

    • (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they make a record that contains the following information:

      • (i) that date,

      • (ii) the identifier of the subgroup,

      • (iii) the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , and

      • (iv) the date on which the record was made; and

    • (b) in any other case, the date on which the responsible person makes a record that contains the following information:

      • (i) the identifier of the subgroup,

      • (ii) the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine or replacement unit, and

      • (iii) the date on which the record was made.

  • Marginal note:Engine registry

    (4) For each of those designations, the responsible person must, by July 1 of the year after the year that includes the date of the designation, provide the Minister with the information that is contained in the record described in paragraph (3)(a) or (b) for inclusion in the engine registry.

 

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