Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations (SOR/2012-167)

Accuracy of Data

Marginal note:Measuring devices — installation, maintenance and calibration

• 25 (1) A responsible person for a unit must install, maintain and calibrate any measuring device — other than a CEMS referred to in paragraph 20(1)(a) and any measuring device that is subject to the Electricity and Gas Inspection Act — that is used for the purpose of section 3 or 15 in accordance with the manufacturer’s instructions or any applicable generally recognized national or international industry standard.

• Marginal note:Frequency of calibration

  (2) The responsible person must calibrate each of those measuring devices at the greater of the following two frequencies:

  • (a) at least once in every calendar year but at least five months after a previous calibration, and

  • (b) the minimum frequency recommended by the manufacturer.

• Marginal note:Accuracy of measurements

  (3) Each of those measuring devices must enable measurements to be made with a margin of error of ± 5%.

Marginal note:CEMS

• 26 (1) A responsible person who uses a CEMS referred to in paragraph 20(1)(a) for the purpose of section 3 or 15 must ensure that the Reference Method is complied with.

• Marginal note:Certification

  (2) Before a CEMS referred to in paragraph 20(1)(a) is used for the purpose of that paragraph, it must be certified by the responsible person in accordance with section 5 of the Reference Method.

• Marginal note:Annual audit

  (3) For each calendar year during which a responsible person uses a CEMS referred to in paragraph 20(1)(a), an auditor must

  • (a) assess, based on the review referred to in section 6.5.2 of the Reference Method, whether, in the auditor’s opinion, the responsible person’s use of the CEMS complied with the Quality Assurance/Quality Control manual referred to in section 6 of the Reference Method;

  • (b) ensure that the Quality Assurance/Quality Control manual has been updated in accordance with sections 6.1 and 6.5.2 of the Reference Method; and

  • (c) assess whether, in the auditor’s opinion, the responsible person complied with the Reference Method and the CEMS met the specifications set out in the Reference Method, in particular, in its sections 3 and 4.

• Marginal note:Auditor’s report

  (4) The responsible person must obtain a report, signed by the auditor, that contains the information set out in Schedule 6 and send the auditor’s report to the Minister with their annual report referred to in section 15.

Fuel Sampling and Testing Requirements

Marginal note:Fuel sampling

• 27 (1) The determination of the value for the elements related to carbon content and higher heating values referred to in sections 21 to 24 must be based on fuel samples taken in accordance with this section.

• Marginal note:Frequency

  (2) Each fuel sample must be taken at a time and location in the fuel handling system of the power plant that provides the following representative sample of the fuel combusted at the following minimum frequency:

  • (a) for coal other than synthetic gas derived from coal or derived from petroleum coke, one composite sample, during each week that the unit produces electricity, that is prepared in accordance with ASTM D2013 / D2013M - 11, entitled Standard Practice for Preparing Coal Samples for Analysis, and that consists of sub-samples taken at least twice from coal that was fed for combustion during that week and at least 48 hours apart, in accordance with

    • (i) ASTM D2234 / D2234M - 10, entitled Standard Practice for Collection of a Gross Sample of Coal, or

    • (ii) ASTM D7430 - 11ae1, entitled Standard Practice for Mechanical Sampling of Coal;

  • (b) for a type of solid fuel other than coal, one composite sample per month that consists of sub-samples of fuel of that type, each having the same mass, that were taken from fuel that was fed for combustion during each week that begins in that month and during which the unit produces electricity and that were taken at least 48 hours after any previous sub-sample and after all fuel treatment operations had been carried out but before any mixing of the fuel from which the sub-sample is taken with other fuels;

  • (c) for a type of liquid fuel and of a gaseous fuel other than natural gas, one sample per quarter, with each sample of fuel of that type being taken at least one month after any previous sample has been taken; and

  • (d) for natural gas, two samples per calendar year, with each sample being taken at least four months after any previous sample has been taken.

• Marginal note:Additional samples

  (3) For greater certainty, the responsible person who takes, for the purpose of these Regulations, more samples than the minimum required under subsection (2) must make the determination referred to in subsection (1) based on each sample — and, in the case of composite samples, each sub-sample — taken, including those additional samples.

Marginal note:Missing Data

• 28 (1) Subject to subsections (2) and (3), if, for any reason beyond the responsible person’s control, the emission-intensity referred to in subsection 3(1) cannot be determined in accordance with a formula set out in any of sections 19 and 21 to 24 because data required to determine the value of an element of that formula has not been obtained for a given period during a calendar year, replacement data for that given period obtained in accordance with an appropriate method must be used to determine that value.

• Marginal note:Replacement data — CEMS

  (2) If a CEMS referred to in paragraph 20(1)(a) is used for the determination of an element of a formula set out in section 21 but data has not been obtained for that determination during a given period, the replacement data is to be obtained in accordance with section 3.5.2 of the Reference Method.

• Marginal note:Replacement data — Fuel-based methods

  (3) If a fuel-based method referred to in paragraph 20(1)(b) is used for the determination of an element — related to the higher heating value, carbon content or molecular mass of a fuel — of a formula set out in any of sections 21 to 24 for which data has not been obtained during a given period, the replacement data is to be the average of the determinations for that element, using the fuel-based method in question, during the equivalent period prior to and, if available, subsequent to that given period. However, if the determination of that element is not available during the equivalent period prior to that given period, the replacement data is to be the determination for that element, using the fuel-based method in question, during the equivalent period subsequent to the given period.

• Marginal note:Replacement data — multiple periods

  (4) During a calendar year, there may be more than one given period, but replacement data may be obtained under subsection (1) or (3) for a maximum of 28 days during the calendar year, distributed among any or all of those periods.

PART 4Coming into Force

Marginal note:July 1, 2015

• 29 (1) Subject to subsections (2) and (3), these Regulations come into force on July 1, 2015.

• Marginal note:January 1, 2013

  (2) Sections 1, 2 and 4, subsections 5(1) to (4) and sections 9 to 14 and 29 come into force on January 1, 2013.

• Marginal note:January 1, 2030

  (3) Section 3, in respect of standby units, comes into force on January 1, 2030.