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

Marginal note:Application — grey cement

102 This Part applies in respect of cement manufacturing facilities that produce clinker for use in the manufacture of grey cement.

Marginal note:Obligation — over two consecutive years

• 103 (1) As of January 1, 2020, a cement manufacturing facility must not — over any two consecutive years — emit NO_x or SO₂ in a quantity that exceeds the emission limit for each of those years for that substance, as determined in accordance with sections 104 and 105, respectively.

• Marginal note:Obligation — yearly

  (2) If a cement manufacturing facility does not comply with that emission limit for either NO_x or SO₂ over a period of two consecutive years, it must not — during each year after that period — emit either NO_x or SO₂ in a quantity that exceeds its emission limit for that year, as determined in accordance with sections 104 and 105.

Marginal note:Emission limit — NO_x

• 104 (1) The emission limit for a year for the emission of NO_x from a cement manufacturing facility is determined by the formula

  Σ_i(EI_NOxi × P_i)/Σ_iP_i

  where

  EI_NOxi

  is the maximum emission intensity for the year for the emission of NO_x from the ith kiln stack in the cement manufacturing facility — namely, the maximum quantity of NO_x emitted per tonne of clinker produced at the ith kiln in the cement manufacturing facility in the year — which is

  • (a) for preheater kilns and precalciner kilns, 2.25 kg/t, and

  • (b) for wet kilns and long dry kilns, as elected in accordance with subsection (2),

    • (i) 2.55 kg/t, or

    • (ii) determined by the formula

      EI₂₀₀₆ – (0.3 × EI₂₀₀₆)

      where

      EI₂₀₀₆

      is the quantity of NO_x, expressed in kg, that was emitted at the cement manufacturing facility in 2006 per tonne of clinker produced, as reported in respect of the cement manufacturing facility to the Minister in accordance with the Notice with respect to reporting of information on air pollutants, greenhouse gases and other substances for the 2006 calendar year, published in the Canada Gazette, Part I, Volume 141, No. 49, on December 8, 2007;

  i

  is ith kiln in the cement manufacturing facility, where i goes from 1 to n and where n is the number of kilns in the cement manufacturing facility; and

  P_i

  is the quantity of clinker, expressed in t, that is produced by the ith kiln in the cement manufacturing facility in the year.

• Marginal note:Election — 2020

  (2) A responsible person for the cement manufacturing facility who provides the Minister with a compliance report required by section 108 in respect of the year 2020 must, in that compliance report, make the election referred to in paragraph (b) of the description of EI_NOxi in subsection (1).

• Marginal note:Election — subsequent years

  (3) The maximum emission intensity for the emission of NO_x from the ith kiln in the cement manufacturing facility for the year 2020 that is elected by the responsible person also applies for each subsequent year.

Marginal note:Emission limit — SO₂

105 The emission limit for a year for the emission of SO₂ from a cement manufacturing facility is determined by the formula

Marginal note:Quantity of NO_x and SO₂ — CEMS

106 As of January 1, 2018, the quantity, expressed in kg, of NO_x and SO₂ emitted, during a given year, from each kiln stack in a cement manufacturing facility must be determined by means of a CEMS.

Marginal note:Quantity of clinker

• 107 (1) For the purpose of determining the value for P_i in sections 104 and 105, the quantity of clinker that is produced at each kiln in the cement manufacturing facility in the year must be determined by

  • (a) weighing that quantity directly using the measuring devices that were used for inventory purposes;

  • (b) using a method of calculation that is based on the measuring devices that were used for inventory purposes; or

  • (c) applying a feedstock-to-clinker conversion factor, specific to the kiln, to a direct measurement of the quantity of feedstock introduced into the kiln during that year, which accurately determines the quantity of clinker that is produced from a given quantity of feedstock introduced.

• Marginal note:Accuracy of feedstock-to-clinker conversion factor

  (2) The accuracy of the feedstock-to-clinker conversion factor must be verified

  • (a) at least once per year, but at least four months after a previous verification; and

  • (b) as soon as feasible after a major change in the clinker production processes that could affect the accuracy of the factor.

• Marginal note:Record-making

  (3) A record of that verification must be made that demonstrates the accuracy of the feedstock-to-clinker conversion factor.

Marginal note:Compliance report

108 As of January 1, 2019, on or before June 1 of every year a compliance report that contains the information for the cement manufacturing facility that is set out in Schedule 11 in respect of the preceding year must be provided to the Minister.

PART 4General

Continuous Emission Monitoring Systems

Marginal note:CEMS Reference Method — compliance

109 If a CEMS is used to determine a NO_x emission intensity under Part 1 or a quantity of emissions under section 106, the CEMS Reference Method must be complied with, notably

• (a) the design specifications and any related requirements that are set out in

  • (i) Section 3.0 of the EC CEMS Code entitled “Design Specifications and Test Procedures”, or

  • (ii) Section 2.0 of the Alberta CEMS Code entitled “Design Specifications”;

• (b) the installation specifications and any related requirements that are set out in

  • (i) Section 4.0 of the EC CEMS Code entitled “Installation Specifications”, or

  • (ii) Section 3.0 of the Alberta CEMS Code entitled “Installation Specifications”;

• (c) the performance specifications and any related requirements, particularly in respect of testing, that are set out in

  • (i) Section 5.0 of the EC CEMS Code entitled “Certification Performance Specifications and Test Procedures”, including certification of the CEMS and the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA), or

  • (ii) Section 4.0 of the Alberta CEMS Code entitled “Performance Specifications and Test Procedures”, including certification of the CEMS and the conduct of relative accuracy tests and bias tests of the relative accuracy test audit (RATA); and

• (d) the requirements concerning the development and implementation of manuals or plans for quality assurance and quality control that are set out in

  • (i) Section 6.0 of the EC CEMS Code entitled “Quality Assurance and Quality Control”, or

  • (ii) Section 5.0 of the Alberta CEMS Code entitled “Quality Assurance and Quality Control”.

Marginal note:Annual audit

• 110 (1) For each year during which a responsible person uses a CEMS to determine a NO_x emission intensity under Part 1 or a quantity of emissions under section 106, the responsible person must ensure that an auditor evaluates whether, in the auditor’s opinion, the responsible person has complied with the CEMS Reference Method and, in particular, whether

  • (a) the CEMS has met the specifications set out in the CEMS Reference Method;

  • (b) the results of each relative accuracy test and each bias test for each of the relative accuracy test audits (RATA) for the 12 months preceding the auditor’s audit have not exceeded the applicable limit referred to in the CEMS Reference Method; and

  • (c) the responsible person has established a Quality Assurance/Quality Control manual that complies with Section 6.0 of the EC CEMS Code or a Quality Assurance Plan that complies with Section 5.1 of the Alberta CEMS Code and, if so, whether

    • (i) the responsible person has implemented it,

    • (ii) its implementation ensures that the data generated by the CEMS is complete, accurate and precise, and

    • (iii) it has been updated in accordance with the CEMS Reference Method.

• Marginal note:Auditor’s report

  (2) The responsible person must, within 30 days after the day on which the auditor completes their audit, obtain a report, signed by the auditor, that contains the information set out in Schedule 12.

• Marginal note:Request for auditor’s report

  (3) The responsible person must, on the Minister’s request, provide the Minister with a copy of an auditor’s report within 15 days after the request.

• Marginal note:Provision of auditor’s report to Minister

  (4) A responsible person who uses a CEMS to determine a NO_x emission intensity under Part 1 must, for each year during which they use a CEMS, provide the Minister with a copy of the auditor’s report for that year by June 1 of the following year, if the opinion stated by the auditor in the report is that the responsible person has not complied with any aspect of the CEMS Reference Method.

• Marginal note:Auditor

  (5) For the purpose of this section, an auditor is a person who

  • (a) is independent of the responsible person who uses a CEMS; and

  • (b) has demonstrated knowledge of and experience in

    • (i) the certification, operation and relative accuracy test audit (RATA) of Continuous Emission Monitoring Systems,

    • (ii) quality assurance and quality control procedures in relation to those systems, and

    • (iii) the conducting of audits in relation to those systems.

Measuring Devices

Marginal note:Installation, operation, maintenance and calibration

111 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

• 112 (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 NO_x

  (5) If a proposed alternative rule described in paragraph (3)(b) concerns the determination of the concentration of NO_x 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.