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

35 [Repealed, SOR/2016-151, s. 128]

36 [Repealed, SOR/2016-151, s. 128]

Marginal note:Redetermination after triggering event

• 37 (1) Subject to subsection (6), the classification NO_x emission intensity of the following boilers or heaters must be redetermined after the occurrence of a triggering event:

  • (a) a class 70 boiler or heater that has not undergone a major modification, if the triggering event occurs on or before December 31, 2025; and

  • (b) a class 40 boiler or heater, if the triggering event occurs on or before December 31, 2035.

• Marginal note:Replacement

  (2) The redetermination under subsection (1) replaces the most recent classification NO_x emission intensity for the boiler or heater redetermined under subsection 36(1) only if the redetermined classification NO_x emission intensity is greater than that most recent classification NO_x emission intensity.

• Marginal note:Triggering event

  (3) There are two kinds of triggering event, namely,

  • (a) a change in the type of gaseous fossil fuel that is combusted, from natural gas to alternative gas, or vice versa; and

  • (b) the installation of equipment to preheat air on a boiler or heater that combusts gaseous fossil fuel.

• Marginal note:Redetermination

  (4) The redetermination is to be made in accordance with paragraph 34(1)(a) or any of subparagraphs 34(1)(b)(i) to (vi) during a reference period referred to in subsection (5) while the boiler or heater is

  • (a) for a triggering event described in paragraph (3)(a), combusting natural gas or alternative gas, whichever type of gaseous fossil fuel was not combusted during the most recent determination; and

  • (b) for a triggering event described in paragraph (3)(b), operating with preheated air.

• Marginal note:Reference period

  (5) The reference period begins on the day on which the triggering event occurs and ends on the earlier of

  • (a) the day that is six months after that day, and

  • (b) December 31, 2035.

• Marginal note:Only one redetermination

  (6) For each kind of triggering event described in subsection (3), only one redetermination must be made under subsection (1), no matter how many triggering events of that kind may occur.

Marginal note:Compliance tests — stack or CEMS test

• 38 (1) During a reference period referred to in subsection (4), a compliance test must be conducted to determine the NO_x emission intensity of a boiler or heater that has a rated capacity of greater than 105 GJ/h if

  • (a) an initial test has been conducted on it under section 33; and

  • (b) for any hour during the reference period, the NO_x emission intensity of the boiler or heater must not exceed a limit that is referred to in any of sections 6, 7, 9 to 11, 13 and 14.

• Marginal note:Stack test or CEMS test

  (2) The NO_x emission intensity for the compliance test must be determined

  • (a) for a boiler or heater that meets the conditions set out in paragraphs 26(1)(a) and (b), by means of both

    • (i) one or more stack tests conducted — at least 90 days after an initial test or the most recent compliance test that is conducted by means of a stack test — in the reference period with at least one of those stack tests being conducted during each period described in subsection (5), and

    • (ii) a CEMS test on another boiler or heater referred to in paragraph 26(1)(b), with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period;

  • (b) for a boiler or heater referred to in paragraph 25(b), by means of a CEMS test; and

  • (c) in any other case, by means of either

    • (i) one or more stack tests conducted — at least 90 days after an initial test or the most recent compliance test that is conducted by means of a stack test — in that 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 that reference period.

• Marginal note:Stack and CEMS tests — first compliance test

  (3) Despite paragraph (2)(b), if the NO_x emission intensity of a boiler or heater that has a rated capacity of more than 262.5 GJ/h — as determined for the initial test conducted under section 33 by means of one or more stack tests — is at least 80% of the NO_x emission intensity limit applicable to the boiler or heater under any of sections 6, 7, 9 to 11, 13 and 14, 9 to 11, 13 and 14, the boiler’s or heater’s NO_x emission intensity in respect of the reference period for the first compliance test conducted under this section must be determined by means of

  • (a) one or more stack tests conducted in the period of that reference period that ends on the first day on which a CEMS installed on the boiler or heater is operational; and

  • (b) a CEMS test conducted in the period of that reference period that begins on the day after that first day.

• Marginal note:Reference period

  (4) The reference period is

  • (a) for the first compliance test, the period that begins on the day after the end, determined in accordance with subsection 33(4), of the reference period for the initial test conducted on the boiler or heater and ends on December 31 of the year that follows the year in which that reference period begins; and

  • (b) for every subsequent compliance test, the year that includes the hour referred to in subsection (1).

• Marginal note:Periods for stack test determinations

  (5) A compliance test conducted on a boiler or heater under subparagraph (2)(a)(i) or (c)(i) or paragraph (3)(a) must include at least one stack test that is conducted during each of the following periods within the reference period for the compliance test:

  • (a) if there is a change in the type of gaseous fossil fuel that is 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 compliance test.

Operation, Maintenance and Design

Marginal note:Specifications

39 A boiler or heater must be operated and maintained in accordance with the specifications set out by its manufacturer or required by its design.

Reporting

Marginal note:Initial report

40 An initial report in respect of an initial test conducted under section 33 that contains the information set out in Schedule 6 must be provided to the Minister not later than the June 1 following the end of the reference period for the initial test.

• 41 (1) [Repealed, SOR/2016-151, s. 130]

• Marginal note:Classification reports — 2023, 2024 and 2025

  (2) A classification report — in respect of a pre-existing boiler or heater that, in 2023, 2024 or 2025, is deemed under subsection 12(2) to be class 80 and to have a classification NO_x emission intensity of 80 g/GJ — that contains the information set out in Schedule 5 must be provided to the Minister by the earlier of

  • (a) the day that is six months after the day on which this Part first applied in respect of the boiler or heater, and

  • (b) December 31, 2025.

Marginal note:Compliance report

• 42 (1) A compliance report — in respect of a boiler or heater that has a rated capacity of more than 105 GJ/h and for which an initial report has been provided under section 40 — that contains the information set out in Schedule 7 must be provided to the Minister in respect of the following reporting period:

  • (a) for the first compliance report, the reference period for the first compliance test referred to in paragraph 38(4)(a); and

  • (b) for every subsequent compliance report,

    • (i) for a boiler or heater whose NO_x emission intensity must not, for any hour during a year, exceed a limit referred to in any of sections 6, 7, 9 to 11, 13 and 14,

      • (A) that year, if the boiler’s or heater’s NO_x emission intensity was determined by means of a CEMS test, including any determination based on a stack test referred to in paragraph 26(2)(a), for the purpose of the compliance test referred to in section 38 for the reference period that is that year,

      • (B) the period of three consecutive years that includes that year, if the boiler’s or heater’s NO_x emission intensity — as determined by the three most recent compliance tests referred to in section 38, each of which was conducted before that period began by means of one or more stack tests and had a reference period of a year referred to in paragraph 38(4)(b) — was less than 80% and at least 60% of any NO_x emission intensity limit applicable to the boiler or heater for that reference period,

      • (C) the period of five consecutive years that includes that year, if the boiler’s or heater’s NO_x emission intensity — as determined by the five most recent compliance tests referred to in section 38, each of which was conducted before that period began by means of one or more stack tests and had a reference period of a year referred to in paragraph 38(4)(b) — was less than 60% of any NO_x emission intensity limit applicable to the boiler or heater for that reference period, and

      • (D) that year, if the boiler’s or heater’s NO_x emission intensity was determined by means of one or more stack tests for the purpose of the most recent compliance test referred to in section 38 conducted before that year, other than a most recent compliance test referred to in any of clauses (A) to (C), and

    • (ii) for a boiler or heater whose NO_x emission intensity is not, for any hour during a year, subject to a limit referred to in any of sections 6, 7, 9 to 11, 13 and 14, that year.

• Marginal note:June 1

  (2) The compliance report must be provided by the June 1 following the end of the reporting period.

Marginal note:Change report

• 43 (1) If the information in respect of a boiler or heater that was provided in a report changes, a change report must be provided to the Minister that identifies the name of the boiler’s or heater’s manufacturer, along with its serial number, make and model, and that contains the updated information, as follows:

  • (a) for a change in information referred to in section 1 or 2 or any of paragraphs 3(a), (b), (d), (e), (i) and (j) of Schedule 6, the changed information within the period that ends 31 days after the change;

  • (b) for a boiler or heater that is permanently taken out of service, an indication to that effect, along with the information referred to in section 1 of Schedule 6, within the period that ends six months after the last day on which it combusted gaseous fossil fuel;

  • (c) for a boiler or heater that is relocated to a facility that is not a regulated facility, an indication to that effect, along with the information referred to in section 1 of Schedule 6, within the period that ends six months after the day on which it was relocated;

  • (d) for a boiler or heater that is redesigned to no longer combust gaseous fossil fuel, an indication to that effect, along with the information referred to in section 1 of Schedule 6, within the period that ends six months after the last day on which it combusted gaseous fossil fuel;

  • (d.1) for a boiler or heater in respect of which a report was provided on the basis that it was not a type of boiler or heater referred to in subsection 5(3) and that, on or after amendment day, is of a type referred to in subsection 5(3), an indication as to which one of paragraphs 5(3)(a) to (o) applies to the boiler or heater, along with an indication of the facility where it is located, including the civic address of the facility or, if there is no civic address, the facility’s latitude and longitude and the boiler’s or heater’s identifier within the facility, if any, within the period that ends six months after amendment day or the day on which the boiler or heater undergoes a change such that it is of a type referred to in subsection 5(3), whichever is later;

  • (e) for a boiler or heater that has a rated capacity of at most 105 GJ/h and that changes the type of gaseous fossil fuel that it combusts from natural gas to alternative gas, or vice versa, the result of a determination under section 25 of its NO_x emission intensity made when the type of gaseous fossil fuel combusted was natural gas or alternative gas, whichever type was not combusted during the determination provided in the most recent report before the change, along with, within six months after the end of the reference period,

    • (i) if the determination was made by means of a stack test, the information referred to in subparagraphs 3(k)(i) to (v) of Schedule 6, and

    • (ii) if the determination was made by means of a CEMS test, the information referred to in subparagraphs 3(l)(i) and (ii) of Schedule 6;

  • (f) for a boiler or heater that has a rated capacity of at most 105 GJ/h and that undergoes a change involving the installation of equipment to preheat air or, in the case of modern heater, involving the removal of that equipment, the result of a determination under section 25 of its NO_x emission intensity made when the boiler or heater operates — with preheated air, if it was not operating with preheated air before the change, or without preheated air, if it was operating with preheated air before the change — along with, within six months after the end of the reference period ,

    • (i) if the determination was made by means of a stack test, the information referred to in paragraph 3(j) and subparagraphs 3(k)(i) to (v) of Schedule 6, and

    • (ii) if the determination was made by means of a CEMS test, the information referred to in paragraph 3(j) and subparagraphs 3(l)(i) and (ii) of Schedule 6; and

  • (g) for a change in the class of a boiler or heater that results from a redetermination of its classification NO_x emission intensity under section 36, the information referred to in section 1 or 2, paragraphs 3(c), () and (e) or any of sections 4 to 8 of Schedule 5, within the period that ends six months after the date on which that redetermination is made.

• Marginal note:Reference period

  (2) For a change referred to in paragraph (1)(e) or (f), or a subsequent change referred to in subsection (4), the reference period begins on the day on which the boiler or heater begins to combust gaseous fossil fuel after the change and ends on the day that is six months after that day.

• Marginal note:Subsequent change of gaseous fossil fuel

  (3) No matter how many subsequent changes in the type of gaseous fossil fuel combusted — from natural gas to alternative gas, or vice versa — may occur, no further reports are required to be provided after the change report referred to in paragraph (1)(e) is provided.

• Marginal note:Subsequent change after other change

  (4) Despite subsection (3), if a change referred to in paragraph (1)(f) occurs and there is also a subsequent change in the type of gaseous fossil fuel combusted as compared to the type of gaseous fossil fuel combusted during the determination referred to in that paragraph, the result of a determination — under section 25 of the boiler’s or heater’s NO_x emission intensity made in the reference period when the type of gaseous fossil fuel combusted was natural gas or alternative gas, whichever type was not combusted during the determination provided in the most recent report before that subsequent change — must be provided to the Minister within six months after the end of the reference period.