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

Marginal note:Revocation — on notice

• 62 (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

• 63 (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

• 64 (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 NO_x emission intensity is at most, as applicable,

    • (i) 75 ppmvd_15% 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 ppmvd_15% 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 ppmvd_15% 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 ppmvd_15% 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

• 65 (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, ppmvd_15% or g/kWh, that are to be used to express the NO_x 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.

Marginal note:Assignment of default NO_x emission value

• 66 (1) Subject to section 67, the applicable default NO_x emission value that is set out in subsection (2) is assigned to a pre-existing engine or replacement unit that belongs to a subgroup of a responsible person who is subject to a limit set out in section 60.

• Marginal note:Default NO_x emission values

  (2) The default NO_x emission value — expressed in the same units, ppmvd_15% or g/kWh, that are selected under paragraph 65(1)(c) for the subgroup to which the pre-existing engine or replacement unit belongs — is

  • (a) for a pre-existing four-stroke lean-burn engine,

    • (i) 210 ppmvd_15% or 4 g/kWh, if

      • (A) the oxygen content in its exhaust gas, before any dilution, is at least 7%, determined by volume on a dry basis while the engine is operating but not during start-up, shutdown or a period of malfunction,

      • (B) the responsible person has a record of the information referred to in paragraph 100(i) and section 6 of Schedule 10 in respect of the most recent performance test conducted on the engine and the emission intensity of the engine, as determined by that most recent performance test, is at most 210 ppmvd_15% or 4 g/kWh, and

      • (C) the responsible person has

        • (I) registered the engine under subsection 97(3), and

        • (II) indicated in the engine registry that this default NO_x emission value applies to the engine, and

    • (ii) 710 ppmvd_15% or 13.5 g/kWh, in any other case;

  • (b) for a pre-existing two-stroke lean-burn engine, 841 ppmvd_15% or 16 g/kWh;

  • (c) for a pre-existing rich-burn engine, 1,262 ppmvd_15% or 24 g/kWh;

  • (d) for a replacement unit that is a modern engine, 160 ppmvd_15% or 2.7 g/kWh;

  • (e) for a replacement unit that is an electric motor, 0 ppmvd_15% or 0 g/kWh; and

  • (f) for a replacement unit that is a combustion turbine,

    • (i) 75 ppmvd_15% 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 ppmvd_15% 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 ppmvd_15% 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 ppmvd_15% or 0.3 g/kWh, if it has a rated brake power of more than 70 MW.

• Marginal note:Assignment 90 days earlier

  (3) Despite subsection (1) and subparagraph (2)(a)(i), the default NO_x emission value referred to in that subparagraph is, under subsection (1), assigned to a pre-existing four-stroke lean-burn engine on the date on which the responsible person for the engine became its owner, if the conditions described in clauses (2)(a)(i)(A) to (C) are met in respect of the engine and that responsible person at most 90 days after that date.

Marginal note:Assignment of non-default NO_x emission value

• 67 (1) A NO_x emission value that is different from the default NO_x emission value set out in subsection 66(2) may be assigned to a pre-existing engine, or a replacement unit that is a modern engine, if

  • (a) its NO_x emission intensity — determined by means of the most recent performance test conducted on the engine and expressed in the same units, ppmvd_15% or g/kWh, that are selected under paragraph 65(1)(c) for the subgroup to which the engine belongs — does not exceed that different NO_x emission value; and

  • (b) the responsible person referred to in subsection 66(1) has registered the engine under subsection 97(3) and provides the Minister with that different NO_x emission value for inclusion in the engine registry.

• Marginal note:Taking effect of assignment

  (2) The assignment takes effect as of

  • (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they provide the Minister with the assigned NO_x emission value of the engine for inclusion in the engine registry; and

  • (b) the date on which the responsible person provides the Minister with the assigned NO_x emission value for inclusion in the engine registry, in any other case.

Marginal note:NO_x emission intensity limit — non-default NO_x emission values

68 A responsible person who assigns a NO_x emission value to an engine that is different from its default NO_x emission value must, as of that assignment, ensure that its NO_x emission intensity — expressed in the same units, ppmvd_15% or g/kWh, that are selected under paragraph 65(1)(c) for the subgroup to which the engine belongs — does not exceed a limit that is that different NO_x emission value.

Determination of NO_x Emission Intensity

Performance Tests

Marginal note:NO_x emission intensity limits

69 For the purpose of sections 54, 55, 57 and 58, paragraph 59(1)(b) and section 68, the NO_x emission intensity of an engine must be determined by means of a performance test.

Marginal note:Three test runs

• 70 (1) A performance test consists of three consecutive test runs conducted within the same day, each of which lasts at least 20 minutes and results in a determination of the engine’s NO_x emission intensity.

• Marginal note:Operating conditions for test-runs

  (2) Each test run must be conducted while the engine is

  • (a) operating at the lower of

    • (i) 90% or more of its rated brake power, and

    • (ii) its highest achievable brake power for the operating conditions during the test run; and

  • (b) not operating during start-up, shutdown or a period of malfunction.