Overview

Marginal note:Parts 1, 2 and 3

• 1 (1) For the purpose of protecting the environment and human health, Parts 1, 2 and 3 of these Regulations establish, respectively, requirements for the emission of the following air pollutants:

  • (a) NO_x from boilers and heaters in certain regulated facilities in various industrial sectors;

  • (b) NO_x from stationary spark-ignition engines that combust gaseous fuels in certain regulated facilities in various industrial sectors; and

  • (c) NO_x and SO₂ from cement manufacturing facilities.

• Marginal note:Part 4 — General

  (2) Part 4 sets out general rules related to

  • (a) the CEMS Reference Method that governs the use of a Continuous Emissions Monitoring System;

  • (b) alternative rules to those set out in documents incorporated by reference into these Regulations; and

  • (c) the reporting, providing, recording and retention of information.

Interpretation

Marginal note:Definitions

• 2 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  Alberta CEMS Code

  Alberta CEMS Code means the method entitled Continuous Emission Monitoring System (CEMS) Code (Pub. No.: Ref. 107) — published in May 1998 by Her Majesty the Queen in right of Alberta, as represented by the Minister responsible for Alberta Environmental Protection — as read in accordance with subsection (4). (Code SMECE de l’Alberta)

  alumina facility

  alumina facility means a facility that is used or designed to produce alumina from bauxite for use in the production of aluminum. (installation de production d’alumine)

  aluminum facility

  aluminum facility means a facility that is used or designed

  • (a) to produce aluminum from alumina;

  • (b) to produce prebaked anodes for use in the production of aluminum; or

  • (c) to calcinate petroleum coke for use in the production of aluminum. (aluminerie)

  asphalt refinery

  asphalt refinery means a facility — other than a petroleum refinery — at which the annual volume of asphalt produced is greater than 33% of the annual volume of liquid petroleum products produced and that is used or designed to process, using distillation,

  • (a) crude oil or bitumen;

  • (b) blends of crude oil, or bitumen, with other hydrocarbon compounds; or

  • (c) partially refined feedstock derived from crude oil or bitumen. (raffinerie d’asphalte)

  ASTM

  ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM)

  ASTM D6522-11

  ASTM D6522-11 means the method entitled Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, published by ASTM. (méthode ASTM D6522-11)

  authorized official

  authorized official means

  • (a) in respect of a responsible person who is an individual, that individual or another individual who is authorized to act on their behalf;

  • (b) in respect of a responsible person that is a corporation, an officer of the corporation who is authorized to act on its behalf; and

  • (c) in respect of a responsible person that is another entity, an individual who is authorized to act on its behalf. (agent autorisé)

  base metals facility

  base metals facility means a pyrometallurgical or hydrometallurgical facility that is used or designed to recover or refine at least one of the following metals from feedstock that comes primarily from ore:

  • (a) nickel;

  • (b) copper;

  • (c) zinc;

  • (d) lead;

  • (e) cobalt; and

  • (f) chromium. (installation de production de métaux communs)

  boiler

  boiler means combustion equipment — other than combustion equipment that is used only in the production of electricity for sale — that is used or designed to transfer thermal energy from the combustion of a fuel to water or steam or another fluid. (chaudière)

  cement manufacturing facility

  cement manufacturing facility means a facility that is used or designed to produce clinker. (cimenterie)

  CEMS Reference Method

  CEMS Reference Method means the EC CEMS Code or the Alberta CEMS Code. (méthode de référence des SMECE)

  CFR

  CFR means Title 40, Chapter I of the Code of Federal Regulations of the United States. (CFR)

  chemicals facility

  chemicals facility means a facility that is used or designed to manufacture chemical substances from feedstock as its primary activity and where at least one of the following substances is manufactured:

  • (a) adipic acid, esters of adipic acid, or amines of adipic acid;

  • (b) titanium dioxide;

  • (c) carbon black;

  • (d) butyl rubber;

  • (e) ethylene that is produced from refined petroleum, liquid hydrocarbons or natural gas;

  • (f) ethylene glycol;

  • (g) grain ethanol for use in industrial applications or as fuel;

  • (h) linear alpha olefins;

  • (i) ethylene-based polymers;

  • (j) methanol;

  • (k) iso-octane;

  • (l) hydrogen that is produced, primarily for sale, from steam reforming;

  • (m) linear alkyl benzene;

  • (n) terephthalic acid;

  • (o) paraxylene;

  • (p) styrene or polystyrene;

  • (q) sodium hydroxide;

  • (r) citric acid;

  • (s) nylon resins, fibres and filaments; and

  • (t) nitric acid. (installation de fabrication de produits chimiques)

  Continuous Emission Monitoring System

  Continuous Emission Monitoring System or CEMS means equipment for the sampling, conditioning and analyzing of emissions from a given source and the recording of data related to those emissions. (système de mesure et d’enregistrement en continu des émissions ou SMECE)

  diesel fuel

  diesel fuel means a fuel that can evaporate at atmospheric pressure, that boils at a temperature of at least 130ºC and at most 400ºC and that is for use in diesel engines. (carburant diesel)

  EC CEMS Code

  EC CEMS Code means the method entitled Protocols and Performance Specifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation (EPS 1/PG/7) — published with revisions in December 2005 by Her Majesty the Queen in right of Canada, as represented by the Minister — as read in accordance with subsection (3). (Code SMECE d’EC)

  EC Method A

  EC Method A means the method known as Method A: Determination of Sampling Site and Traverse Points in Reference Method EPS 1/RM/8. (méthode A de l’EC)

  EC Method B

  EC Method B means the method known as Method B: Determination of Stack Gas Velocity and Volumetric Flow Rate in Reference Method EPS 1/RM/8. (méthode B de l’EC)

  EC Method D

  EC Method D means the method known as Method D: Determination of Moisture Content in Reference Method EPS 1/RM/8. (méthode D de l’EC)

  engine

  engine means an engine that

  • (a) when used, is stationary and is not in or on a machine that is self-propelled;

  • (b) operates under characteristics significantly similar to the theoretical Otto combustion cycle; and

  • (c) uses a spark plug or other sparking device. (moteur)

  EPA

  EPA means the Environmental Protection Agency of the United States. (EPA)

  EPA Method 1

  EPA Method 1 means the method entitled Method 1 — Sample and Velocity Traverses for Stationary Sources, set out in Appendix A-1 to Part 60 of the CFR. (méthode 1 de l’EPA)

  EPA Method 1A

  EPA Method 1A means the method entitled Method 1A — Sample and Velocity Traverses for Stationary Sources With Small Stacks or Ducts, set out in Appendix A-1 to Part 60 of the CFR. (méthode 1A de l’EPA)

  EPA Method 2

  EPA Method 2 means the method entitled Method 2 — Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S pitot tube), set out in Appendix A-1 to Part 60 of the CFR. (méthode 2 de l’EPA)

  EPA Method 3A

  EPA Method 3A means the method entitled Method 3A — Determination of Oxygen and Carbon Dioxide Concentrations in Emissions From Stationary Sources (Instrumental Analyzer Procedure), set out in Appendix A-2 to Part 60 of the CFR. (méthode 3A de l’EPA)

  EPA Method 4

  EPA Method 4 means the method entitled Method 4 — Determination of Moisture Content in Stack Gases, set out in Appendix A-3 to Part 60 of the CFR. (méthode 4 de l’EPA)

  EPA Method 6C

  EPA Method 6C means the method entitled Method 6C — Determination of Sulfur Dioxide Emissions From Stationary Sources (Instrumental Analyzer Procedure), set out in Appendix A-4 to Part 60 of the CFR. (méthode 6C de l’EPA)

  EPA Method 7E

  EPA Method 7E means the method entitled Method 7E — Determination of Nitrogen Oxides Emissions from Stationary Sources (Instrumental Analyzer Procedure), set out in Appendix A-4 to Part 60 of the CFR. (méthode 7E de l’EPA)

  facility

  facility means the buildings, other structures and stationary equipment that are located on a single site or on adjacent sites that function as a single integrated site. (installation)

  gaseous fuel

  gaseous fuel means a fuel that is gaseous at a temperature of 15.6ºC and an absolute pressure of 101.325 kPa. (combustible gazeux)

  gasoline

  gasoline means a petroleum distillate, or a blend of petroleum distillates, oxygenates or additives, that is suitable for use in a spark-ignition engine and that has the following characteristics, as determined by the applicable test method listed in the National Standard of Canada CAN/CGSB-3.5-2011, Automotive Gasoline:

  • (a) a vapour pressure of at least 35 kPa;

  • (b) an antiknock index of at least 80;

  • (c) a distillation temperature, at which 10% of the fuel evaporates, of at least 35°C and at most 70°C; and

  • (d) a distillation temperature, at which 50% of the fuel evaporates, of at least 60°C and at most 120°C. (essence)

  heater

  heater means combustion equipment, other than a boiler, that is used or designed to transfer thermal energy from the combustion of a fuel to a material that is being processed outside the combustion chamber. (four industriel)

  iron ore pelletizing facility

  iron ore pelletizing facility means a facility that is used or designed to produce iron ore pellets from iron ore concentrate using an induration furnace. (installation de bouletage du minerai de fer)

  iron, steel and ilmenite facility

  iron, steel and ilmenite facility means a facility — other than a foundry that produces iron or steel castings — that is used or designed to produce at least one of the following products:

  • (a) metallurgical coke from coal;

  • (b) titanium slag or iron from iron- or titanium-bearing ores or from iron ore pellets; and

  • (c) steel from iron or scrap steel. (installation de production de fer, d’acier et d’ilménite)

  liquid petroleum product

  liquid petroleum product means

  • (a) naphtha;

  • (b) gasoline;

  • (c) aviation turbine fuel;

  • (d) kerosene;

  • (e) diesel fuel;

  • (f) light fuel oil;

  • (g) heavy fuel oil;

  • (h) naval distillate, bunker fuel or any other marine fuel;

  • (i) gas oil;

  • (j) lubricant basestock or petroleum-based lubricant;

  • (k) asphalt; or

  • (l) synthetic crude oil. (produit pétrolier liquide)

  nitrogen-based fertilizer facility

  nitrogen-based fertilizer facility means a facility that is used or designed to manufacture at least one of the following substances:

  • (a) anhydrous ammonia, or aqueous ammonia, produced from steam methane reforming; and

  • (b) urea. (installation de fabrication d’engrais à base d’azote)

  NO_x

  NO_x means oxides of nitrogen, which is the sum of nitric oxide (NO) and nitrogen dioxide (NO₂). (NO_x)

  oil and gas facility

  oil and gas facility means a facility, including an asphalt refinery or underground storage facility for gaseous fuel, that is used or designed

  • (a) to extract hydrocarbons from underground deposits or reservoirs other than by means of thermal methods or surface mining;

  • (b) to transport or process those hydrocarbons;

  • (c) to transport or treat wastewater or waste that is related to the extraction or processing of those hydrocarbons for its injection underground; or

  • (d) to inject that wastewater or waste underground.

  It does not include an oil sands facility, petroleum refinery, chemicals facility, nitrogen-based fertilizer facility or facility — other than an underground storage facility for gaseous fuel — that is primarily engaged in the local distribution of natural gas. (installation d’exploitation pétrolière et gazière)

  oil sands facility

  oil sands facility means a facility — other than a chemicals facility, nitrogen-based fertilizer facility or asphalt refinery — that is used or designed to engage in at least one of the following activities:

  • (a) the surface mining of crude oil- or bitumen-containing sand from geological deposits;

  • (b) the processing of that sand to separate crude oil or bitumen from that sand;

  • (c) the extraction of crude oil or bitumen from underground deposits or reservoirs by means of thermal methods; and

  • (d) the upgrading by means of the processing, using distillation, of crude oil or bitumen, or of blends of crude oil, or bitumen, with other hydrocarbon compounds, to produce a combined annual volume of gasoline, diesel fuel and lubricant basestock that is at most 40% of the facility’s annual volume of liquid petroleum products produced. (installation d’exploitation de sables bitumineux)

  operator

  operator means a person who has the charge, management or control of a boiler, heater, engine or cement manufacturing facility. (exploitant)

  petroleum refinery

  petroleum refinery means a facility at which the combined annual volume of gasoline, diesel fuel and lubricant basestock produced is greater than 40% of the annual volume of liquid petroleum products produced and that is used or designed to process, using distillation,

  • (a) crude oil or bitumen;

  • (b) blends of crude oil, or bitumen, with other hydrocarbon compounds; or

  • (c) partially refined feedstock derived from crude oil or bitumen. (raffinerie de pétrole)

  potash facility

  potash facility means a facility that is used or designed to produce potash, including a facility that is used or designed to extract potash-bearing ore. (installation de production de potasse)

  power plant

  power plant means a facility that is used or designed to produce electricity for sale via the electric grid as its primary activity. (centrale électrique)

  ppmvd

  ppmvd means parts per million, by volume on a dry basis. (ppmvs)

  pulp and paper facility

  pulp and paper facility means a facility that is used or designed to produce

  • (a) pulp from wood or from other plant material or paper products; or

  • (b) any product from pulp or a pulping process. (installation de production de pâte et papier)

  Reference Method EPS 1/RM/8

  Reference Method EPS 1/RM/8 means the document entitled Reference Method for Source Testing: Measurement of Releases of Particulate from Stationary Sources, published in December 1993 by Her Majesty the Queen in right of Canada, as represented by the Minister. (Méthode de référence SPE 1/RM/8)

  responsible person

  responsible person means an owner or operator of a boiler or heater, an engine or a cement manufacturing facility. (personne responsable)

  SO₂

  SO₂ means sulphur dioxide. (SO₂)

  thermal method

  thermal method means a method of crude oil or bitumen extraction that involves the introduction of thermal energy into a geological formation in order to enhance the fluidity of crude oil or bitumen and to facilitate its extraction. It includes steam-assisted gravity drainage, cyclic steam stimulation, Toe-to-Heel Air Injection (THAI^®), in situ combustion, flooding with heated water, solvent-assisted thermal methods and electro-thermal methods. (méthode thermique)

  underground storage facility for gaseous fuel

  underground storage facility for gaseous fuel means a facility — other than an oil sands facility, petrol refinery or asphalt facility — that is used or designed to store gaseous fuel underground. (installation de stockage souterrain de combustibles gazeux)

  year

  year means a calendar year. (année)

• Marginal note:Interpretation of documents incorporated by reference

  (2) For the purpose of interpreting any document that is incorporated by reference into these Regulations, “should” must be read to mean “must” and any recommendation or suggestion must be read as an obligation, unless the context requires otherwise. For greater certainty, the context of the accuracy or precision of a measurement can never require otherwise.

• Marginal note:EC CEMS Code

  (3) The EC CEMS Code is to be read as set out in Schedule 1.

• Marginal note:Alberta CEMS Code

  (4) The Alberta CEMS Code is to be read as set out in Schedule 2.

• Marginal note:EPA discretion

  (5) Any EPA method that is incorporated by reference into these Regulations must be read without reference to the exercise of discretion by the EPA or by the Administrator of the EPA.

• Marginal note:Inconsistency

  (6) In the event of an inconsistency between a provision of these Regulations and a document that is incorporated by reference into these Regulations, the provision prevails to the extent of the inconsistency.

• Marginal note:Methods incorporated by reference

  (7) Any method of the EPA or ASTM that is incorporated by reference into these Regulations is incorporated as amended from time to time.

Responsibility

Marginal note:Who must comply

3 Unless the context requires that a particular responsible person complies, a requirement set out in these Regulations in respect of, respectively, a boiler or heater, an engine or a cement manufacturing facility, including a requirement in respect of a kiln located in it, must be complied with by a responsible person for the boiler or heater, engine or cement manufacturing facility.

PART 1Boilers and Heaters

Interpretation

Marginal note:Definitions

4 The following definitions apply in this Part and in Schedules 3 to 7.

alternative gas

alternative gas means a gaseous fossil fuel other than natural gas. (gaz de remplacement)

anode-baking furnace

anode-baking furnace means a heater that bakes green anodes to produce blocks of carbon for use in the production of aluminum. (four de cuisson d’anodes)

ASTM D1945-03

ASTM D1945-03 means the method entitled Standard Test Method for Analysis of Natural Gas by Gas Chromatography, published by ASTM. (méthode ASTM D1945-03)

ASTM D1946-90

ASTM D1946-90 means the method entitled Standard Practice for Analysis of Reformed Gas by Gas Chromatography, published by ASTM. (méthode ASTM D1946-90)

biomass

biomass means a fuel that consists only of non-fossilized, biodegradable organic material that originates from plants or animals but does not come from a geological formation, notably

• (a) products or waste produced from that material;

• (b) gases and liquids recovered from that material, notably from organic waste; and

• (c) sludge from wastewater treatment. (biomasse)

biomass boiler

biomass boiler means a boiler that can reach its rated capacity by combusting only biomass. (chaudière à biomasse)

blast furnace stove

blast furnace stove means a vertical cylindrical regenerator filled with refractory and used to preheat ambient air that is then introduced into a blast furnace used in ironmaking. (récupérateur de haut fourneau)

CEMS test

CEMS test means a determination, by means of a CEMS in accordance with section 32, of the NO_x emission intensity of a boiler or heater. (essai SMECE)

chemical recovery boiler

chemical recovery boiler means a boiler whose fuel includes spent pulping liquor and that recovers chemical constituents from the combustion of that spent pulping liquor. (chaudière de récupération chimique)

class 40

class 40, in relation to a pre-existing boiler or heater, describes a class 40 boiler or heater within the meaning of section 12. (classe 40)

class 70

class 70, in relation to a pre-existing boiler or heater, describes a class 70 boiler or heater within the meaning of section 12. (classe 70)

class 80

class 80, in relation to a pre-existing boiler or heater, describes a class 80 boiler or heater within the meaning of section 12. (classe 80)

coke oven

coke oven means an oven that converts coal to coke through distillation. (four à coke)

coke oven battery

coke oven battery means a heater that consists of a combustion chamber, with more than one burner, whose exhaust gas circulate between coke ovens. (batterie de fours à coke)

commercial grade natural gas

commercial grade natural gas means natural gas that is supplied by a commercial supplier. (gaz naturel de qualité commerciale)

commissioning date

commissioning date means the day on which a boiler or heater begins to produce thermal energy primarily for use in production or to provide heat. (date de mise en service)

ethylene cracker

ethylene cracker means a heater that transforms a mixture of steam and hydrocarbons into hydrocarbon gases, notably ethylene. (craqueur d’éthylène)

gaseous fossil fuel

gaseous fossil fuel includes gaseous fossil fuel that is a by-product of an industrial process, or industrial operation, and that has constituents with thermal energy value. (combustible fossile gazeux)

heat-recovery steam generator

heat-recovery steam generator means equipment that captures useful thermal energy from the hot exhaust gas of a gas turbine, or from a set of reciprocating engines, to produce steam. (générateur de vapeur à récupération de chaleur)

modern

modern, in relation to a boiler or heater, describes a boiler or heater that is not transitional whose commissioning date is on or after the day on which these Regulations are registered. (moderne)

natural gas

natural gas means a gaseous fossil fuel that consists of at least 90% methane by volume. (gaz naturel)

NO_x emission intensity

NO_x emission intensity means the quantity of NO_x emitted by a boiler or heater, expressed in grams of NO_x emitted per gigajoule of thermal energy in the fuel (g/GJ), based on the higher heating value of the fuel combusted. (intensité d’émission de NO_x)

packaged

packaged, in relation to a boiler or heater, describes a boiler or heater that is received at the facility in a state of near-complete assembly and that requires, at the facility,

• (a) assembling any prefabricated components;

• (b) fixing it to its location; and

• (c) making the connections necessary for its operation. (préfabriqué)

pre-existing

pre-existing, in relation to a boiler or heater, describes a boiler or heater whose commissioning date is before the day on which these Regulations are registered. (préexistant)

preheated air

preheated air means air that is preheated above ambient air temperature before it is introduced into the combustion chamber of a boiler or heater. (air préchauffé)

rated capacity

rated capacity, in relation to a boiler or heater, means the maximum thermal energy — based on the higher heating value of the fuel combusted — that the boiler or heater is, on its commissioning date, capable of producing in an hour, expressed in GJ/h, as specified on the nameplate affixed to the boiler or heater by its manufacturer or, in the absence of such a nameplate, as set out in a document provided by the manufacturer. (capacité nominale)

recommissioning date

recommissioning date means the day on which a boiler or heater begins to produce thermal energy primarily for use in production or to provide heat after

• (a) a major modification referred to in subsection 13(2); or

• (b) a redesign referred to in paragraph 10(2)(b). (date de remise en service)

reheat furnace

reheat furnace means a heater in which steel is reheated for hot rolling into basic shapes. (four de réchauffage)

stack test

stack test means a determination, in accordance with sections 27 to 31, of the NO_x emission intensity of a boiler or heater. (essai en cheminée)

standard m³

standard m³ has the meaning assigned to a cubic metre at standard pressure and standard temperature by the definition standard volume in subsection 2(1) of the Electricity and Gas Inspection Regulations. (m³ normalisé)

steady state

steady state means an operating state that is other than start-up, shutdown or upset. (état stable)

steam methane reformer

steam methane reformer means a heater that transforms a mixture of steam and hydrocarbons in the presence of a catalyst to produce hydrogen and carbon oxides and includes — if it shares a common stack with the heater — any integrated auxiliary boiler that is used to produce that steam or other integrated equipment that heats that steam. (reformeur de méthane à la vapeur)

transitional

transitional, in relation to a boiler or heater, describes a boiler or heater that is located in a regulated facility set out in subsection 5(2) on its commissioning date and whose commissioning date occurs in the period that begins on the day on which these Regulations are registered and ends

• (a) if the boiler or heater is packaged, three months after that day; and

• (b) in any other case, 36 months after that day. (de transition)

Application

Marginal note:Rated capacity at least 10.5 GJ/h

• 5 (1) This Part applies in respect of a pre-existing, transitional or modern boiler or heater located in a regulated facility that is used or designed to combust gaseous fossil fuel and that has a rated capacity of at least 10.5 GJ/h.

• Marginal note:Regulated facilities

  (2) The following are the regulated facilities:

  • (a) oil and gas facilities;

  • (b) oil sands facilities;

  • (c) chemicals facilities;

  • (d) nitrogen-based fertilizer facilities;

  • (e) pulp and paper facilities;

  • (f) base metals facilities;

  • (g) potash facilities;

  • (h) alumina facilities and aluminum facilities;

  • (i) power plants;

  • (j) iron, steel and ilmenite facilities;

  • (k) iron ore pelletizing facilities; and

  • (l) cement manufacturing facilities.

• Marginal note:Excluded boilers and heaters

  (3) Despite subsections (1) and (2), this Part does not apply in respect of the following types of boiler or heater:

  • (a) a heater that is used to dry, bake or calcinate materials, including a kiln as defined in section 101 and an anode-baking furnace;

  • (b) a heater that is used in any process to chemically transform ore or intermediate products into bulk metallic products;

  • (c) a coke oven battery;

  • (d) a heater or boiler that is designed to combust coke oven gas;

  • (e) a blast furnace stove;

  • (f) a heater or boiler that is designed to combust blast furnace gas;

  • (g) an ethylene cracker;

  • (h) a steam methane reformer;

  • (i) a reheat furnace;

  • (j) a boiler or heater that is used only for activities that are subsequent to the hot rolling of steel into basic shapes at an iron, steel and ilmenite facility;

  • (k) a chemical recovery boiler;

  • (l) a biomass boiler;

  • (m) a heat-recovery steam generator;

  • (n) a boiler that combusts exhaust gases that arise from the partial combustion of coke in a vessel integrated with a fluid coking unit; and

  • (o) a boiler or heater that is used only in the start-up of a facility or process and operated for fewer than 500 hours in each previous year of its operation.

Main Requirements

Marginal note:Modern boilers

• 6 (1) Subject to section 10, the NO_x emission intensity of a modern boiler that, for a given hour, has at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel set out in column 1 of the table to this subsection and that has a thermal efficiency set out in column 2 must not, for that hour, exceed the limit set out in column 3.

  	Column 1	Column 2	Column 3
  Item	Gaseous Fossil Fuel	Thermal Efficiency	NOx Emission Intensity Limit (g/GJ)
  1	Natural gas	< 80%	16
  2	Natural gas	≥ 80% and ≤ 90%	16 + (E – 80)/5, where E is the thermal efficiency of the boiler
  3	Natural gas	> 90%	18
  4	Alternative gas	< 80%	20.8
  5	Alternative gas	≥ 80% and ≤ 90%	20.8 + (E – 80)/4.54, where E is the thermal efficiency of the boiler
  6	Alternative gas	> 90%	23

• Marginal note:Thermal efficiency

  (2) For the purpose of subsection (1), the thermal efficiency of a modern boiler for the given hour

  • (a) if there has been a determination made in accordance with section 18, is the result of the most recent such determination; and

  • (b) in any other case, is deemed to be less than 80%.

Marginal note:Modern heaters

• 7 (1) Subject to section 10, the NO_x emission intensity of a modern heater — that, for a given hour, has at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel set out in column 1 of the table to this subsection and that has a difference between the temperature of its preheated air and the ambient air set out in column 2 must not, for that hour, exceed the limit set out in column 3.

  	Column 1	Column 2	Column 3
  Item	Gaseous Fossil Fuel	Difference between Temperature of Preheated Air and Ambient Air (°C)	NOx Emission Intensity Limit (g/GJ)
  1	Natural gas	0	16
  2	Natural gas	> 0 and ≤ 150	16 × [1 + (2 x 10-4T) + (7 x 10-6T2)], where T is the difference, expressed in °C, between the temperature of its preheated air and the ambient air
  3	Natural gas	> 150	19
  4	Alternative gas	0	20.8
  5	Alternative gas	> 0 and ≤ 155	20.8 × [1 + (2 x 10-4T) + (7 x 10-6T2)], where T is the difference, expressed in °C, between the temperature of its preheated air and the ambient air
  6	Alternative gas	> 155	25

• Marginal note:Preheated air

  (2) For the purpose of subsection (1), the difference between the temperature of a modern heater’s preheated air and the ambient air, expressed in °C, for the given hour

  • (a) if there has been a determination of that difference made in accordance with section 24 within the previous 12 months, is the result of the most recent of such determination; and

  • (b) in any other case, is deemed to be 0°C.

Marginal note:Determination of type of gaseous fossil fuel

8 For the purpose of determining the type of gaseous fossil fuel — natural gas or alternative gas — introduced into the combustion chamber of a boiler or heater, the percentage of methane in the fuel must be determined in accordance with section 16.

Marginal note:Transitional boilers and heaters

9 The NO_x emission intensity of a transitional boiler or heater that, for a given hour, has at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel must not, for that hour, exceed the following limit:

• (a) 26 g/GJ, if the boiler or heater has a rated capacity of at least 10.5 GJ/h and at most 105 GJ/h; and

• (b) subject to section 10, 40 g/GJ, if the boiler or heater has a rated capacity greater than 105 GJ/h.

Marginal note:Redesigned boilers and heaters — NO_x emission intensity

• 10 (1) The NO_x emission intensity of a redesigned boiler or heater that, for a given hour, has at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel must not, for that hour, exceed the limit of 26 g/GJ.

• Marginal note:Redesigned boilers and heaters

  (2) A redesigned boiler or heater is one that

  • (a) on its commissioning date, was not designed to combust gaseous fossil fuel; and

  • (b) after the day on which these Regulations are registered, is redesigned to combust, on its recommissioning date, gaseous fossil fuel.

Marginal note:Class 80 and class 70

11 The NO_x emission intensity of a pre-existing boiler or heater that is class 80 or class 70 — other than those referred to in subsections 13(1) and 14(1) and (2) — and that, for a given hour, has at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel must not, for that hour, exceed the limit of 26 g/GJ, as of

• (a) January 1, 2026, for a class 80 boiler or heater; and

• (b) January 1, 2036, for a class 70 boiler or heater.

Marginal note:Pre-existing boilers and heaters — classification

• 12 (1) A pre-existing boiler or heater is classified — in accordance with its classification NO_x emission intensity determined in accordance with subsection 34(1) or 35(1) or redetermined in accordance with subsection 36(1) or 37(1) — as follows:

  • (a) class 80, if its classification NO_x emission intensity is determined to be at least 80 g/GJ;

  • (b) class 70, if its classification NO_x emission intensity is determined to be at least 70 g/GJ and less than 80 g/GJ; and

  • (c) class 40, in any other case.

• Marginal note:Before classification — deemed class 80

  (2) A pre-existing boiler or heater — other than a redesigned boiler or heater referred to in subsection 10(2) — that is not classified under subsection (1) is deemed to be class 80 and to have a classification NO_x emission intensity of 80 g/GJ.

Marginal note:Major modifications — class 80 and class 70

• 13 (1) Subject to section 14, the NO_x emission intensity of a class 80 or class 70 boiler or heater that has undergone a major modification before, respectively, January 1, 2026 or January 1, 2036 must not, as of its recommissioning date — for each hour during which at least 50% of the input energy in its combustion chamber results from the introduction of gaseous fossil fuel — exceed the limit of 26 g/GJ.

• Marginal note:Major modifications

  (2) A major modification is

  • (a) for a boiler or heater with a single burner or double burner, the replacement of a burner;

  • (b) for a boiler or heater that has at least three burners, the replacement, within a period of at most 60 months, of at least three burners;

  • (c) the addition of a burner; or

  • (d) the relocation of a boiler or heater.

Marginal note:Exception — impossibility

• 14 (1) The NO_x emission intensity of a class 80 or class 70 boiler or heater that undergoes a major modification that involves the use of combustion modification techniques must, as of its recommissioning date following the major modification, not — for each hour during which at least 50% of the input energy in its combustion chamber results from the introduction of gaseous fossil fuel — exceed the limit of 50% of its classification NO_x emission intensity, if

  • (a) before the major modification is carried out, a responsible person for the boiler or heater provides to the Minister

    • (i) the name of the manufacturer of the boiler or heater, along with its serial number, make and model and the information referred to in section 1 of Schedule 6,

    • (ii) documents, provided to the responsible person by a person who is independent of them, that establish that the NO_x emission intensity of the boiler or heater could not be at most 26 g/GJ when it operates under

      • (A) any circumstances that include the use of combustion modification techniques, and

      • (B) the conditions set out in subsection 27(2),

    • (iii) a signed certificate, provided to the responsible person by another person who is independent of both the responsible person and the independent person referred to in subparagraph (ii), that indicates that that other person has reviewed the documents described in subparagraph (ii) and agrees that the documents establish that the NO_x emission intensity of the boiler or heater could not be at most 26 g/GJ when it operates under the circumstances and conditions described in subparagraph (ii), and

    • (iv) documents that establish that each of the independent persons referred to in subparagraphs (ii) and (iii)

      • (A) is an engineer who is, under the laws of the province in which the boiler or heater is located, authorized to practise engineering in relation to combustion modification techniques, or

      • (B) has demonstrated knowledge of, and at least five years’ experience as the technical lead of projects that involved, the design of combustion modification techniques; and

  • (b) after that recommissioning date, the NO_x emission intensity of the boiler or heater is more than 26 g/GJ.

• Marginal note:Major modification before registration

  (2) The NO_x emission intensity of a class 80 or class 70 boiler or heater referred to in clause 34(1)(b)(i)(B) that has undergone a major modification that involved the use of combustion modification techniques must, as of the day that is 12 months after the day on which these Regulations are registered, not — for each hour during which at least 50% of the input energy in its combustion chamber results from the introduction of gaseous fossil fuel — exceed the limit of 50% of its classification NO_x emission intensity, if

  • (a) before that day, a responsible person for the boiler or heater provides the Minister with the information set out in subparagraphs (1)(a)(i) to (iv); and

  • (b) after the boiler’s or heater’s recommissioning date, the NO_x emission intensity of the boiler or heater is more than 26 g/GJ.

• Marginal note:Combustion modification techniques

  (3) For the purpose of this section, combustion modification techniques are techniques to reduce the formation of thermal NO_x in the combustion chamber of a boiler or heater by modifying the combustion process. They include the use of low-NO_x burners and of flue gas recirculation.

Quantification

Elements of Requirements

Marginal note:Input energy from gaseous fossil fuel

15 The percentage of the input energy in a boiler’s or heater’s combustion chamber resulting from the introduction of gaseous fossil fuel, for a given hour while the boiler or heater is in a steady state, must be determined by the formula

Type of Gas

Marginal note:Percentage of methane

• 16 (1) The percentage of methane in the gaseous fossil fuel introduced into the combustion chamber of a boiler or heater, for a given hour, must be determined, by volume, as a weighted average by the formula

  [(CH_{4 ng} × Q_ng) + (CH_{4 alt} × Q_alt)] × 100/(Q_ng + Q_alt)

  where

  CH_{4 ng}

  is the concentration of methane, determined in accordance with subsection (2), in the natural gas introduced into the combustion chamber during the given hour, expressed as a decimal fraction;

  Q_ng

  is the quantity of the natural gas introduced into the combustion chamber during the given hour, as measured by a flow meter on the input, expressed in standard m³;

  CH_{4 alt}

  is the concentration of methane, determined in accordance with subsection (2), in the alternative gas introduced into the combustion chamber during the given hour, expressed as a decimal fraction; and

  Q_alt

  is the quantity of the alternative gas introduced into the combustion chamber during the given hour, as measured by a flow meter on the input, expressed in standard m³.

• Marginal note:Gas introduced into combustion chamber

  (2) The concentration of methane in the gaseous fossil fuel introduced into the combustion chamber is

  • (a) for commercial grade natural gas, either

    • (i) to be determined in accordance with ASTM D1945-03 or ASTM D1946-90, or

    • (ii) fixed as 95%; and

  • (b) for any other gaseous fossil fuel, to be determined in accordance with ASTM D1945-03 or ASTM D1946-90, whichever applies.

Marginal note:Fixed HHV of commercial grade natural gas

17 If the concentration of methane in the commercial grade natural gas introduced into the combustion chamber is fixed as 95%, in accordance with subparagraph 16(2)(a)(ii), the higher heating value of the commercial grade natural gas must, for the purpose of paragraph 29(b), be fixed as 0.03793 in accordance with subparagraph (a)(ii) of the description of HHV_i in that paragraph.

Thermal Efficiency

Marginal note:Modern boiler

18 The thermal efficiency of a modern boiler, for a given day, must be determined by the formula

Marginal note:Determination of L_dfg

19 L_dfg referred to in section 18 must be determined for an hour in the given day by the formula

Marginal note:Determination of L_w

20 L_w referred to in section 18 must be determined for an hour of the given day by the formula

Marginal note:Commercial grade natural gas — determined or fixed

21 The value for commercial grade natural gas for HHV_m in sections 19 and 20, for M_s in section 19 and for H in section 20 must all be either

• (a) determined

  • (i) for H, as a weighted average calculated on the basis of determinations made in accordance with the one of the ASTM methods referred to in subparagraph (a)(i) of H,

  • (ii) for HHV_m, in accordance with subparagraph (a)(i) of HHV_m, and

  • (iii) for M_s, by the formula set out in paragraph (b) of M_s; or

• (b) fixed as the applicable ratio referred to, respectively, in H, HHV_m and M_s.

Marginal note:Required HHV methods

22 The required HHV methods are

• (a) for gaseous fuels, as applicable,

  • (i) the ASTM D1826-94 method entitled Standard Test Method for Calorific (Heating) Value of Gases in Natural Gas Range by Continuous Recording Calorimeter, published by ASTM,

  • (ii) the ASTM D3588-98 method entitled Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, published by ASTM,

  • (iii) the ASTM D4891-89 method entitled Standard Test Method for Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion, published by ASTM, and

  • (iv) the GPA Standard 2172-09 method entitled Calculation of Gross Heating Value, Relative Density, Compressibility and Theoretical Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody Transfer, published by the Gas Processors Association of the United States and by the American Petroleum Institute (API) of the United States as the API Manual of Petroleum Measurement Standards, Chapter 14.5 (R2014);

• (b) for liquid fuels, as applicable,

  • (i) the ASTM D240-09 method entitled Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, published by ASTM, and

  • (ii) the ASTM D4809-09ae1 method entitled Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), published by ASTM; and

• (c) for solid fuels, as applicable,

  • (i) the ASTM D5865-12 method entitled Standard Test Method for Gross Calorific Value of Coal and Coke, published by ASTM, and

  • (ii) the ASTM D5468-02 method entitled Standard Test Method for Gross Calorific and Ash Value of Waste Materials, published by ASTM.

Marginal note:Constituents of fuel

• 23 (1) The concentration of carbon, hydrogen, nitrogen, sulphur and oxygen per kilogram of fuel introduced into the combustion chamber must be determined as a weighted average of the concentration of each of the constituents of each fuel in accordance with subsection (2).

• Marginal note:Required concentration standards and calculation methods

  (2) The concentration of the constituents of fuel must be determined

  • (a) for gaseous fuels, in accordance with, as applicable,

    • (i) ASTM D1945-03, and

    • (ii) ASTM D1946-90;

  • (b) for liquid fuels,

    • (i) in the case of the concentration of carbon, hydrogen and nitrogen, in accordance with the ASTM D5291-10 method entitled Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, published by ASTM,

    • (ii) in the case of the concentration of sulphur, in accordance with the ASTM D4294-10 method entitled Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry, published by ASTM, and

    • (iii) in the case of the concentration of oxygen, to be the remaining concentration after removing the determinations made for the concentrations of carbon, hydrogen, nitrogen and sulphur; and

  • (c) for solid fuel that

    • (i) is coal or coke,

      • (A) in the case of the concentration of carbon, hydrogen and nitrogen, in accordance with the ASTM D5373-08 method entitled Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Laboratory Samples of Coal, published by ASTM,

      • (B) in the case of the concentration of sulphur, in accordance with the ASTM D4239-12 method entitled Standard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion, published by ASTM, and

      • (C) in the case of the concentration of oxygen, to be the remaining concentration after removing the determinations made for the concentrations of carbon, hydrogen, nitrogen and sulphur, and

    • (ii) is derived from waste,

      • (A) in the case of the concentration of carbon and hydrogen, in accordance with the ASTM E777-08 method entitled Standard Test Method for Carbon and Hydrogen in the Analysis Sample of Refuse-Derived Fuel, published by ASTM,

      • (B) in the case of the concentration of nitrogen, in accordance with the ASTM E778-08 method entitled Standard Test Methods for Nitrogen in the Analysis Sample of Refuse-Derived Fuel, published by ASTM ,

      • (C) in the case of the concentration of sulphur, in accordance with the ASTM E775-87(2008)e1 method entitled Standard Test Methods for Total Sulfur in the Analysis Sample of Refuse-Derived Fuel, published by ASTM, and

      • (D) in the case of the concentration of oxygen, to be the remaining concentration after removing the determinations made for the concentrations of carbon, hydrogen, nitrogen and sulphur.

Marginal note:Difference of temperature — preheated air

24 For a modern heater that is equipped to preheat air, the difference between the temperature of its preheated air and the ambient air, for a given hour, must be determined by the formula

Determination of NO_x Emission Intensity

Stack Test or CEMS Test

Marginal note:Conditions

25 The NO_x emission intensity of a boiler or heater must be determined by means of

• (a) a stack test or a CEMS test, if

  • (i) the boiler’s or heater’s rated capacity is at most 262.5 GJ/h, or

  • (ii) the boiler’s or heater’s rated capacity is more than 262.5 GJ/h and its NO_x emission intensity was less than 80% of the NO_x emission intensity limit applicable to it under any of sections 6, 7, 9 to 11, 13 and 14, as determined by means of one or more stack tests during

    • (A) its initial test conducted under section 33, and

    • (B) each of the first two compliance tests conducted under subparagraph 38(2)(c)(i); and

• (b) subject to subsections 26(1) and paragraphs 33(2)(a) and 38(2)(a), a CEMS test in any other case.

Marginal note:Identification — exception to paragraph 25(b)

• 26 (1) The NO_x emission intensity of a boiler or heater that is to be determined under paragraph 25(b) must be determined for a given hour in accordance with subsection (2), if the boiler or heater

  • (a) is not equipped with a CEMS; and

  • (b) has been identified under subsection (5) with another boiler or heater whose NO_x emission intensity is determined for that given hour by means of a CEMS test as a rolling hourly average.

• Marginal note:Greater of stack test and CEMS test

  (2) The NO_x emission intensity of a boiler or heater referred to in paragraph (1)(a) for each hour is the greater of

  • (a) the result of a stack test that is applicable to that hour, and

  • (b) the rolling hourly average for that hour determined by means of a CEMS test conducted on the other boiler or heater referred to in paragraph (1)(b).

• Marginal note:Identification

  (3) A boiler or heater referred to in paragraph (1)(a) may be identified with another boiler or heater referred to in paragraph (1)(b) if the following conditions are met:

  • (a) they have the same manufacturer;

  • (b) they have the same rated capacity;

  • (c) they are designed to have the same NO_x emission intensity;

  • (d) they have the same equipment to preheat air, if any;

  • (e) they combust fuel from a common source;

  • (f) they are juxtaposed; and

  • (g) they are

    • (i) both class 80,

    • (ii) both class 70,

    • (iii) both transitional or modern, or one is transitional and the other is modern, or

    • (iv) both redesigned within the meaning of paragraph 10(2)(b).

• Marginal note:When identification made

  (4) The identification is made as of

  • (a) for class 80 boilers or heaters, the earlier of

    • (i) the recommissioning date of the boiler or heater referred to in paragraph (1)(a), if it underwent a major modification, and

    • (ii) January 1, 2026;

  • (b) for class 70 boilers or heaters, the earlier of

    • (i) the recommissioning date of the boiler or heater referred to in paragraph (1)(a), if it underwent a major modification, and

    • (ii) January 1, 2036;

  • (c) for transitional or modern boilers or heaters, the commissioning date of the boiler or heater referred to in paragraph (1)(a); and

  • (d) for redesigned boilers or heaters referred to in section 10, the recommissioning date of the boiler or heater referred to in paragraph (1)(a).

• Marginal note:Identification by recording

  (5) The identification is made on the recording of the following information:

  • (a) the name of the manufacturer — along with the serial number, make and model — of the boiler or heater referred to in paragraph (1)(a);

  • (b) the name of the manufacturer — along with the serial number, make and model — of the other boiler or heater referred to in paragraph (1)(b);

  • (c) documentation that establishes that those boilers or heaters meet the conditions set out in paragraphs (3)(b) to (g);

  • (d) an indication that the boiler or heater referred to in paragraph (a) is identified with the boiler or heater referred to in paragraph (b); and

  • (e) the date of the recording.

• Marginal note:At most four identifications

  (6) At most four boilers or heaters may be identified under subsection (5) with a given other boiler or heater referred to in paragraph (1)(b).

Stack Tests

Marginal note:Three test runs

• 27 (1) A stack test consists of three consecutive test runs conducted within a period of 48 hours, each of which lasts at least 30 minutes and results in a determination of the boiler’s or heater’s NO_x emission intensity.

• Marginal note:Operating conditions for test runs

  (2) The test runs must be conducted while the boiler or heater meets the following conditions:

  • (a) it is operating with at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel;

  • (b) it is operating at at least 60% of its rated capacity;

  • (c) it is operating at a steady state;

  • (d) it is operating with preheated air, if it is equipped to preheat air; and

  • (e) the same type of gaseous fossil fuel — natural gas or alternative gas — is introduced into its combustion chamber.

Marginal note:Concentrations of NO_x and O₂

• 28 (1) For each test run, the measurements of the concentration of NO_x, expressed in ppmvd, and the concentration of O₂, expressed as a percentage determined by volume on a dry basis, in the boiler’s or heater’s flue gas must be made simultaneously and in accordance with either

  • (a) the following EPA methods:

    • (i) for the location of the sampling port and its traverse points, EPA Method 1 or EPA Method 1A, as applicable,

    • (ii) for the concentration of NO_x, EPA Method 7E, and

    • (iii) for the concentration of O₂, EPA Method 3A; or

  • (b) ASTM D6522-11 and, for the location of the sampling port and its traverse points, EPA Method 1 or EPA Method 1A, as applicable.

• Marginal note:Exception — EC Method A

  (2) Despite subsection (1), the location of the sampling port and its traverse points may be determined for the purpose of that subsection in accordance with EC Method A.

Marginal note:Determination of NO_x emission intensity

29 Based on the concentrations of NO_x and O₂ as measured in accordance with section 28, the NO_x emission intensity, expressed in g/GJ, of the boiler or heater must be determined for each test run

• (a) by means of the appropriate calculation of emissions by F-factors set out in Appendix A to the EC CEMS Code; or

• (b) by the formula

  (NO_x × 1.88 × 10^-3 × F_g)/Σ_i(F_i × HHV_i)

  where

  NO_x

  is the concentration of NO_x ,

  F_g

  is the flow rate of the flue gas, expressed in m³/h at 25°C and 101.325 kPa, as measured in the test run and determined in accordance with EPA Method 4 or EC Method D and converted to its flow rate on a dry basis in accordance with EPA Method 2 or EC Method B,

  F_i

  is the flow rate of the ith fuel combusted, expressed for a solid or liquid fuel in a given unit/h and for a gaseous fuel in m³/h at 25°C and 101.325 kPa ,

  HHV_i

  is the higher heating value of the ith fuel combusted, being

  • (a) for commercial grade natural gas, expressed in GJ/standard m³,

    • (i) the higher heating value determined in accordance with any of the required HHV methods set out in section 22that apply, or

    • (ii) 0.03793, and

  • (b) in any other case, the higher heating value of that ith fuel determined in accordance with any of the required HHV methods set out in section 22 that apply, expressed in GJ/the given unit referred to in the description of F_i, and

  i

  is the ith fuel combusted, where i goes from 1 to n and n is the number of fuels combusted.

Marginal note:NO_x emission intensity — average

30 The NO_x emission intensity of the boiler or heater determined by means of a stack test is the average of the three determinations — one for each test run — of its NO_x emission intensity.

Marginal note:NO_x emission intensity — deemed hours

31 The average referred to in section 30 is deemed to be the NO_x emission intensity of the boiler or heater

• (a) for every hour of the day on which the third test run is conducted; and

• (b) for every subsequent hour until its NO_x emission intensity is determined based on another stack test or a CEMS test, if, for each of those subsequent hours,

  • (i) the same type of gaseous fossil fuel — natural gas or alternative gas — is introduced into its combustion chamber,

  • (ii) for a modern boiler, the thermal efficiency of the boiler is in the same range, namely,

    • (A) < 80%,

    • (B) ≥ 80% and ≤ 90%, or

    • (C) > 90%, or

  • (iii) for a modern heater, the difference between the temperature, expressed in °C, of its preheated air and the ambient air is

    • (A) in the case that no preheated air is introduced into the combustion chamber, 0, and

    • (B) in the case that the heater is equipped to preheat air, in the same range, namely,

      • (I) for a heater that combusts natural gas,

        1 > 0 and ≤ 150, or

        2 > 150, and

      • (II) for a heater that combusts alternative gas,

        1 > 0 and ≤ 155, or

        2 > 155.

Continuous Emission Monitoring System

Marginal note:Rolling hourly average

• 32 (1) Subject to subsection (3), the NO_x emission intensity of a boiler or heater determined by means of a CEMS for a given hour is the rolling hourly average for the given hour in an averaging period, established as follows:

  • (a) if the averaging period consists of at least 720 hours and

    • (i) the given hour is the 721st hour or a subsequent hour in the period, the rolling hourly average for that given hour is the average of the hourly NO_x emission intensity for that hour and for each of the preceding 719 hours, or

    • (ii) the given hour is the 720th hour or a preceding hour in the period, the rolling hourly average for that given hour is the rolling hourly average for the 720th hour, namely, the average of the hourly NO_x emission intensity for that 720th hour and for each of the preceding 719 hours; and

  • (b) if the averaging period consists of less than 720 hours, the rolling hourly average for that given hour is the average of the hourly NO_x emission intensity for the averaging period.

• Marginal note:Averaging period

  (2) The averaging period is each period that consists of consecutive hours when at least 50% of the input energy in the boiler’s or heater’s combustion chamber results from the introduction of gaseous fossil fuel.

• Marginal note:Modern — new averaging period

  (3) For a modern boiler or heater, a new averaging period begins whenever the type of gaseous fossil fuel changes from natural gas to alternative gas, or vice versa.

• Marginal note:Reference period — new averaging period

  (4) Despite subsections (2) and (3), an averaging period begins when a reference period begins — and an averaging period ends when a reference period ends — for an initial test, a determination or redetermination of a classification NO_x emission intensity, a compliance test or a change report in respect of a change referred to in paragraph 43(1)(e) or (f).

• Marginal note:Hourly NO_x emission intensity

  (5) The hourly NO_x emission intensity for a given hour is the average over the hour of the NO_x emission intensities of the boiler or heater, determined in accordance with

  • (a) Section 3.4.1 of the EC CEMS Code; or

  • (b) Section 2.5.1 of the Alberta CEMS Code.

Testing

Marginal note:Initial test

• 33 (1) During the reference period described in subsections (3) and (4), an initial test must be conducted to determine the NO_x emission intensity of a boiler or heater referred to in any of sections 6, 7, 9 to 11, 13 and 14, whether or not it is subject to a limit referred to in that section for any hour of the reference period.

• Marginal note:Stack test or CEMS test

  (2) The boiler’s or heater’s NO_x emission intensity for the initial test must be determined

  • (a) if the boiler or heater meets the conditions set out in paragraphs 26(1)(a) and (b), by means of, one or more stack tests and a CEMS test — the stack tests being conducted in the reference period with at least one of those stack tests being conducted during each period described in subsection (5) and the CEMS test on the other boiler or heater referred to in paragraph 26(1)(b) being conducted for each hour in the reference period — with that determination being, for each period described in subsection (5) and each of the averaging periods in the reference period, the greater of

    • (i) the greatest NO_x emission intensity that was determined by those stack tests, and

    • (ii) the greatest of the rolling hourly averages that were determined in respect of that averaging period; and

  • (b) in any other case, by means of

    • (i) one or more stack tests conducted in the 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 the reference period.

• Marginal note:Beginning of reference period

  (3) The reference period begins on

  • (a) for a modern boiler or heater that is commissioned at a regulated facility or for a transitional boiler or heater, the day — on or after its commissioning date — on which it begins to combust gaseous fossil fuel;

  • (b) for a redesigned boiler or heater referred to in section 10, the day — on or after its recommissioning date — on which it begins to combust gaseous fossil fuel;

  • (c) for a class 80 or class 70 boiler or heater referred to in section 11, the day on which it begins to combust gaseous fossil fuel on or after

    • (i) January 1, 2026, for a class 80 boiler or heater, and

    • (ii) January 1, 2036, for a class 70 boiler or heater;

  • (d) for a class 80 or class 70 boiler or heater referred to in subsection 13(1) or 14(1), the day — on or after its recommissioning date — on which it begins to combust gaseous fossil fuel;

  • (e) for a class 80 or class 70 boiler or heater referred to in subsection 14(2), the day that is 12 months after the day on which these Regulations are registered; and

  • (f) in any other case, the day — on or after the date on which this Part first applies in respect of the boiler or heater — on which it begins to combust gaseous fossil fuel.

• Marginal note:End of reference period

  (4) The reference period ends on the earlier of

  • (a) the day that is six months after the day determined in accordance with subsection (3), and

  • (b) May 25 of the year that follows the year during which that reference period begins.

• Marginal note:Periods for stack test determinations

  (5) An initial test that is conducted by means of one or more stack tests must include at least one stack test that is conducted during each of the following periods within the reference period:

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

Marginal note:Classification NO_x emission intensity — on registration

• 34 (1) The classification NO_x emission intensity of a pre-existing boiler or heater — in respect of which this Part applies on the day on which these Regulations are registered and that has not undergone a major modification since that day — must, during the reference period that consists of the 12-month period that begins on that day, be determined

  • (a) by means of

    • (i) a stack test, or

    • (ii) a CEMS test, with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period; or

  • (b) by means of a record made of the assignment of the following classification NO_x emission intensity to the boiler or heater in question:

    • (i) a NO_x emission intensity that results from a determination by means of a stack test conducted in the period that begins on January 1, 2011 and ends on the day before the day on which these Regulations are registered, in accordance with sections 27 to 31,

      • (A) on the boiler or heater in question, if since that determination

        • (I) none of the burners of that boiler or heater has been replaced,

        • (II) no burner has been added to that boiler or heater, and

        • (III) that boiler or heater has not been relocated, or

      • (B) on the boiler or heater in question or another boiler or heater, if

        • (I) that determination is at least 70 g/GJ,

        • (II) since that determination but before the end of that period, the boiler or heater in question has undergone a major modification that involves the use of combustion modification techniques referred to in subsection 14(3), and

        • (III) in the case that the stack test was conducted on the other boiler or heater, the conditions set out in paragraphs (2)(a) to (f) were met by the boiler or heater in question and that other boiler or heater when the stack test was conducted,

    • (ii) 40 g/GJ, if a responsible person for the boiler or heater in question has a record of information that establishes that

      • (A) there is no equipment installed that allows for a stack test or CEMS test to be conducted on it, and

      • (B) that boiler or heater is designed to have a NO_x emission intensity of less than 40 g/GJ if its NO_x emission intensity were determined by means of a stack test conducted while it meets the conditions set out in paragraphs 27(2)(a) to (e),

    • (iii) 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and

      • (A) it has been identified under subsection (3) with another boiler or heater, and

      • (B) the classification NO_x emission intensity of that other boiler or heater is determined by means of a stack test under subparagraph (a)(i) to be less than 40 g/GJ,

    • (iv) 40 g/GJ, if

      • (A) the boiler or heater in question has been identified under subsection (3) with another boiler or heater, and

      • (B) the classification NO_x emission intensity of that other boiler or heater is determined by means of a CEMS test under subparagraph (a)(ii) to be less than 40 g/GJ,

    • (v) 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and

      • (A) it shares a common stack with at most four other boiler or heaters,

      • (B) it has been identified under subsection (3) with each of those other boilers or heaters, and

      • (C) the NO_x emission intensity at the common stack is, in respect of that reference period, determined to be less than 40 g/GJ

        • (I) by means of a stack test whose test runs are conducted while each of the boilers or heaters sharing the common stack meets the conditions set out in paragraphs 27(2)(a) to (e), or

        • (II) by means of a CEMS test, or

    • (vi) 80 g/GJ, if a responsible person for the boiler or heater in question elects to assign that classification NO_x emission intensity to it.

• Marginal note:Identification

  (2) A boiler or heater for which a record is to be made of the assignment of its classification NO_x emission intensity in accordance with subparagraph (1)(b)(iii), (iv) or (v) may be identified with each of the other boilers or heaters referred to in that subparagraph if it and all of the other boilers and heaters meet the following conditions:

  • (a) they have the same manufacturer;

  • (b) they have the same rated capacity;

  • (c) they are designed to have the same NO_x emission intensity;

  • (d) they have the same equipment to preheat air, if any;

  • (e) they combust fuel from a common source; and

  • (f) they are juxtaposed.

• Marginal note:Identification by recording

  (3) The identification is made on the recording of the following information:

  • (a) the name of the manufacturer — along with the serial number, make and model — of the boiler or heater for which a record is to be made of the assignment of its classification NO_x emission intensity in accordance with subparagraph (1)(b)(iii), (iv) or (v);

  • (b) the name of the manufacturer — along with the serial number, make and model — of each of the other boilers or heaters referred to in that subparagraph;

  • (c) documentation that establishes that the boilers or heaters referred to in paragraphs (a) and (b) meet the conditions set out in paragraphs (2)(b) to (f);

  • (d) an indication that the boiler or heater referred to in paragraph (a) is identified with each of the other boilers or heaters referred to in paragraph (b); and

  • (e) the date of the recording.

• Marginal note:At most four identifications

  (4) At most four boilers or heaters may be identified under subsection (3) with a given other boiler or heater referred to in clause (1)(b)(iii)(B) or (iv)(B).

Marginal note:Classification NO_x emission intensity — after registration

• 35 (1) The classification NO_x emission intensity of a pre-existing boiler or heater, other than a redesigned boiler or heater referred to in subsection 10(2), — in respect of which this Part first applies, other than because of a relocation, after the day on which these Regulations are registered and on or before December 31, 2022 and that has not undergone a major modification — must be determined by making a record of

  • (a) the assignment of the classification NO_x emission intensity described in clause 34(1)(b)(i)(A); or

  • (b) the assignment of 80 g/GJ as the classification NO_x emission intensity for that boiler or heater.

• Marginal note:Six months or December 31, 2022

  (2) The determination must be made 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, 2022.

Marginal note:Redetermination after election under subparagraph 34(1)(b)(vi)

• 36 (1) The classification NO_x emission intensity of a boiler or heater for which an election under subparagraph 34(1)(b)(vi) is made to have a classification NO_x emission intensity of 80 g/GJ assigned to it may, until December 31, 2022, be redetermined during a reference period described in subsection (3).

• Marginal note:Stack test or CEMS test

  (2) The redetermination must be made by means of

  • (a) a stack test; or

  • (b) a CEMS test, with that redetermination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period that consists of at least 2,880 hours.

• Marginal note:Reference period

  (3) The reference period for the redetermination begins on the day on which these Regulations are registered and ends on the day that is chosen by a responsible person for the boiler or heater.

• Marginal note:Redetermination — NO_x emission intensity

  (4) The classification NO_x emission intensity that is redetermined under subsections (1) to (3) replaces the classification NO_x emission intensity of 80 g/GJ assigned as a result of the election made under subparagraph 34(1)(b)(vi).

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 determined under subsection 34(1) or 35(1) or 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.

Marginal note:Classification reports — sections 34 and 35

• 41 (1) A classification report — in respect of a determination of a boiler’s or heater’s classification NO_x emission intensity made under subsection 34(1) or 35(1) — that contains the information set out in Schedule 5 must be provided to the Minister not later than

  • (a) for a determination made under subsection 34(1),

    • (i) if the determination was made by means of a test referred to in paragraph 34(1)(a), the day that is 18 months after the day on which these Regulations are registered, and

    • (ii) in any other case, the day that is 12 months after the day on which these Regulations are registered; and

  • (b) for a determination made under subsection 35(1), the earlier of

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

    • (ii) December 31, 2022.

• 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;

  • (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 or 37, 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.

Recording of Information

Marginal note:Record-making

44 Records in respect of a boiler or heater that contain the following information and documents must be made:

• (a) a description of the steps, including the relevant dates, that are taken to comply with the operation and maintenance specifications for the boiler or heater set out by its manufacturer or required by its design;

• (b) a description, including the relevant dates, of any modifications that are made to the design or characteristics of the boiler and heater, including

  • (i) a redesign referred to in subsection 10(2),

  • (ii) a major modification referred to in subsection 13(2),

  • (iii) for a heater, the addition or removal of equipment to preheat air,

  • (iv) the refurbishment of a burner, and

  • (v) a modification that results in a change in its thermal efficiency;

• (c) the following information necessary to determine the percentage of the input energy in the boiler’s or heater’s combustion chamber that results from the introduction of gaseous fossil fuel in accordance with the formula set out in section 15:

  • (i) if the value determined for each of E_o and E_h is zero, information that establishes that the boiler or heater combusted only gaseous fossil fuel, and

  • (ii) in any other case, information necessary to determine the value of each of E_cng, E_gff, E_o and E_h in that formula; and

• (d) an indication of a change in fuel from alternative gas to natural gas, or vice versa, including the date and hour of the change, along with supporting documents necessary to determine the value of an element of the formula set out in section 16.

PART 2Stationary Spark-ignition Engines

Interpretation

Marginal note:Definitions

45 The following definitions apply in this Part and in Schedules 8 to 10.

ASTM D6348-12e1

ASTM D6348-12e1 means the method entitled Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, published by ASTM. (méthode ASTM D6348-12e1)

EC Method AP-77-3

EC Method AP-77-3 means the method entitled Standard Reference Methods for Source Testing: Measurement of Emissions of Nitrogen Oxides from Stationary Sources AP-77-3, published in April 1979 by Her Majesty the Queen in right of Canada, as represented by the Minister. (méthode AP-77-3 d’EC)

emergency

emergency means a situation during which an engine is operated

• (a) to produce electricity as an alternative source of electrical power when no source that is normally used is available; or

• (b) to pump water in the event of a fire or flood. (urgence)

emissions check

emissions check means a determination in accordance with sections 80 to 84 and 86 to 89 of the concentration of NO_x in the exhaust gas of an engine. (vérification des émissions)

engine registry

engine registry means the engine registry established under section 97. (registre des moteurs)

EPA Method 7

EPA Method 7 means the method entitled Method 7 — Determination of Nitrogen Oxide Emissions from Stationary Sources, set out in Appendix A-4 to Part 60 of the CFR. (méthode 7 de l’EPA)

EPA Method 7A

EPA Method 7A means the method entitled Method 7A — Determination of Nitrogen Oxide Emissions from Stationary Sources — Ion Chromatographic Method, set out in Appendix A-4 to Part 60 of the CFR. (méthode 7A de l’EPA)

EPA Method 7C

EPA Method 7C means the method entitled Method 7C — Determination of Nitrogen Oxide Emissions from Stationary Sources — Alkaline-Permanganate/Colorimetric Method, set out in Appendix A-4 to Part 60 of the CFR. (méthode 7C de l’EPA)

EPA Method 19

EPA Method 19 means the method entitled Method 19 — Determination of Sulfur Dioxide Removal Efficiency and Particulate, Sulfur Dioxide and Nitrogen Oxides Emission Rates, set out in Appendix A-7 to Part 60 of the CFR. (méthode 19 de l’EPA)

EPA Method 320

EPA Method 320 means the method entitled Method 320 — Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy, set out in Appendix A to Part 63 of the CFR. (méthode 320 de l’EPA)

group

group means a notional collection of engines that are designated in accordance with section 56 as belonging to a responsible person’s group and, for the purpose of sections 60 to 68, includes a replacement unit referred to in section 64. (groupe)

lean-burn

lean-burn describes an engine other than a rich-burn engine. (à mélange pauvre)

low-use

low-use describes an engine that is referred to in section 50 as being low-use. (à faible utilisation)

modern

modern describes an engine that is referred to in subsection 46(3). (moderne)

NO_x emission intensity

NO_x emission intensity means the quantity of NO_x emitted in the exhaust gas of an engine as represented by

• (a) the concentration of NO_x in the exhaust gas, expressed in ppmvd_15%; or

• (b) the mass of NO_x in the exhaust gas per unit of mechanical energy or electrical energy produced, expressed in g/kWh. (intensité d’émission de NO_x)

performance test

performance test means a determination, in accordance with sections 70 to 75, of the NO_x emission intensity of an engine. (essai de rendement)

ppmvd_15%

ppmvd_15% means parts per million, by volume on a dry basis and corrected to 15% oxygen. (ppmvs_15%)

pre-existing

pre-existing describes an engine that is referred to in subsection 46(2). (préexistant)

rated brake power

rated brake power means the maximum brake power of an engine or a replacement unit as specified by its manufacturer either on its nameplate or otherwise. (puissance au frein nominale)

regular-use

regular-use describes an engine referred to in section 50 as being regular-use. (à utilisation régulière)

rich-burn

rich-burn describes an engine for which the oxygen content in the exhaust gas, before any dilution, is less than 4%, determined by volume on a dry basis. (à mélange riche)

SCADA system

SCADA system means a computer system, known as a supervisory control and data acquisition system, that measures an engine or replacement unit’s operating state, manages the parameters controlling its operating state and stores data related to its operating state. (système SCADA)

still gas

still gas means a gas that is produced by distillation, cracking or reforming in a petroleum refinery, in an asphalt refinery or in an oil sands facility that is used or designed to engage in the activity of upgrading. (gaz de distillation)

subgroup

subgroup means a notional collection of pre-existing engines and replacement units that belong to a responsible person’s group established in accordance with section 65. (sous-groupe)

subset

subset means a notional collection of engines that belong to a responsible person’s group described in section 59. (sous-ensemble)

synthetic gas

synthetic gas means a gas that is derived from the gasification of coal or from the gasification of by-products, residual products or waste products of an industrial process. (gaz de synthèse)

Application

Marginal note:Pre-existing and modern engines

• 46 (1) This Part applies in respect of a pre-existing or modern engine, located in a regulated facility, that combusts gaseous fuel.

• Marginal note:Pre-existing engines

  (2) An engine is pre-existing if one of the following dates is before the 90th day after the day on which these Regulations are registered:

  • (a) the date of its manufacture as provided by its manufacturer; and

  • (b) a date that is set out in a record of a responsible person for the engine that establishes that the engine was owned or operated on or before that date.

• Marginal note:Modern engines

  (3) An engine is modern if it is not pre-existing.

• Marginal note:Regulated facilities — modern engines

  (4) The following are the regulated facilities in respect of modern engines:

  • (a) oil and gas facilities;

  • (b) oil sands facilities;

  • (c) petroleum refineries;

  • (d) chemicals facilities;

  • (e) nitrogen-based fertilizer facilities;

  • (f) pulp and paper facilities;

  • (g) base metals facilities;

  • (h) potash facilities;

  • (i) alumina facilities and aluminum facilities;

  • (j) power plants;

  • (k) iron, steel and ilmenite facilities;

  • (l) iron ore pelletizing facilities; and

  • (m) cement manufacturing facilities.

• Marginal note:Regulated facilities — pre-existing engines

  (5) Oil and gas facilities, other than asphalt refineries, are the regulated facilities in respect of pre-existing engines.

Marginal note:Non-application — low revenue and power

• 47 (1) This Part does not apply in respect of a pre-existing engine for a period of 36 months after the first day on which the following conditions are met:

  • (a) there is only one responsible person for the engine;

  • (b) the sum of the gross revenue of the responsible person and of each of its affiliates, if any, for the most recent taxation year for which each of them has filed a return of income, does not exceed $5 million;

  • (c) the total rated brake power of the responsible person’s pre-existing engines is at most 1 MW; and

  • (d) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry.

• Marginal note:Extension

  (2) A period of non-application referred to in subsection (1) is extended by 36 months if, on a day that occurs within the last six months of that period,

  • (a) the conditions set out in paragraphs (1)(a) to (c) are met; and

  • (b) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry.

• Marginal note:Meaning of gross revenue

  (3) In paragraph (1)(b) and Schedule 8, gross revenue has the same meaning as in section 248 of the Income Tax Act.

• Marginal note:Meaning of affiliates

  (4) In paragraph (1)(b) and Schedule 8, affiliates has the same meaning as in subsection 2(1) of the Canada Business Corporations Act.

Marginal note:Non-application — new owners

• 48 (1) Subject to subsection (3), this Part does not apply in respect of a pre-existing engine to an owner of it for a period of at most 275 days after the date on which they become its owner, if

  • (a) that date occurs after March 31, 2020; and

  • (b) before that date, the pre-existing engine has never been equipped with an emission control system that ensures that its NO_x emission intensity is at most 525 ppmvd_15% or 10 g/kWh.

• Marginal note:End of period of non-application

  (2) The period of non-application under subsection (1) ends on the first day that is within those 275 days on which the following conditions are met:

  • (a) the engine is equipped with an emission control systems referred to in paragraph (1)(b);

  • (b) the owner assigns a NO_x emission value of at most 525 ppmvd_15% or 10 g/kWh to the engine, in the case that they are subject to a limit referred to in section 60; and

  • (c) the owner registers the engine in the engine registry in accordance with subsection 97(3) or (4).

• Marginal note:No period of non-application

  (3) There is no period of non-application under subsection (1) if the conditions set out in subsection (2) are not met within those 275 days.

Marginal note:Synthetic gas and still gas

49 Sections 54, 55, 57 and 58, paragraph 59(1)(b) and section 68 do not apply in respect of an engine — for any period during which the fuel combusted consists of more than 50% synthetic gas, still gas or any combination of those gases — if records are kept that establish, based on a calculation of the mass flow, that the fuel combusted in that period consists of that proportion of those gases.

General

Marginal note:Regular-use engines

50 Every engine that has operated for at least one hour during a year is a regular-use engine unless an election is in effect to have the engine be low-use.

Marginal note:Low-use engines — election

• 51 (1) The election is made when a responsible person for the engine provides to the Minister a notice of the election for inclusion in the engine registry that specifies the year as of which the election takes effect, which may be

  • (a) the year in which the notice is provided, if the number of hours that the engine was operating — while they were a responsible person for that engine — in that year before the sending of the notice is recorded; or

  • (b) a year subsequent to the year in which the notice is provided.

• Marginal note:Obligations under an election

  (2) An engine for which an election is in effect must

  • (a) have a non-resettable hour meter, another non-resettable device or a SCADA system to determine the number of hours that the engine operates installed

    • (i) by the day on which the notice is provided, if the election takes effect in the year in which the notice is provided, and

    • (ii) by January 1 of the year as of which the election is to take effect, in any other case;

  • (b) have the meter, device or SCADA system operating continuously, other than during periods when it is undergoing normal servicing or timely repairs, as of the day referred to in subparagraph (a)(i) or (ii), whichever applies;

  • (c) if a non-resettable hour meter or another non-resettable device is installed, have readings taken from the meter or device 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) the day on which the notice is provided, if the election takes effect in the year in which the notice is provided,

    • (ii) every subsequent January 1, and

    • (iii) the day on which the election ceases to be in effect;

  • (d) if a SCADA system is installed, have a record made — as of the day referred to in subparagraph (a)(i) or (ii), whichever applies, and until the day on which the election ceases to be in effect — from the SCADA system at least once every 30 days that contains

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

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

    • (iii) data that can be used to identify 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; and

  • (e) for each period of three consecutive years that begins with the year as of which the election takes effect, operate, excluding any hour of operation during an emergency, for fewer than 1,314 hours, as determined based on the records referred to in paragraph (c) or (d) and, if applicable, paragraph (1)(a).

• Marginal note:Election ceases to be in effect

  (3) An election ceases to be in effect if

  • (a) the engine does not meet one of the requirements set out in paragraphs (2)(a) to (e); or

  • (b) a responsible person for the engine provides the Minister with a notice to that effect for inclusion in the engine registry.

• Marginal note:Re-election

  (4) Nobody who is a responsible person for the engine when an election ceases to be in effect may re-elect to have the engine be low-use before January 1 of the year that begins at least three years after that election took effect.

Marginal note:Designation as rich-burn engine

• 52 (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 — NO_x emission intensity limit

53 The applicable NO_x 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, ppmvd_15% or g/kWh, that were used to determine the NO_x emission intensity of the engine for the most recent performance test conducted under section 77 or 78; or

• (b) ppmvd_15%, 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

54 The NO_x 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 ppmvd_15% or 2.7 g/kWh, whichever applies.

Marginal note:Low-use — limit

55 The NO_x 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 ppmvd_15%.

Pre-existing Engines

Groups

Marginal note:Establishment

• 56 (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.

NO_x Emission Intensity Limits

Marginal note:Engines not belonging to a group

57 As of January 1, 2021, the NO_x 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 ppmvd_15% or 4 g/kWh, whichever applies.

Marginal note:Engines belonging to a group after 2025

58 Subject to section 60, as of January 1, 2026, the NO_x emission intensity of an engine that belongs to a group must not exceed the limit of 210 ppmvd_15% or 4 g/kWh, whichever applies.

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

• 59 (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 NO_x emission intensity of each engine that belongs to the subset does not exceed the limit of 210 ppmvd_15% 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 NO_x Emission Intensity Limits — on Election

Marginal note:After 2025 and from 2021 to 2025

60 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 NO_x emission intensity of each subgroup that they establish under section 65 does not exceed the following limit:

• (a) 210 ppmvd_15% or 4 g/kWh, whichever applies, for years after 2025; or

• (b) 421 ppmvd_15% or 8 g/kWh, whichever applies, for the years 2021 to 2025.

Marginal note:Election

• 61 (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 NO_x 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 NO_x emission intensity

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

  Σ_iΣ_j(E_ij ×P_i × T_ij)/Σ_iΣ_j(P_i × T_ij)

  where

  E_ij

  is the jth NO_x emission value, expressed in ppmvd_15% or g/kWh, assigned under subsection 66(1) or 67(1) to the ith engine or replacement unit that belongs to the subgroup;

  P_i

  is the rated brake power, expressed in kW, of the ith engine or replacement unit that belongs to the subgroup;

  T_ij

  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 NO_x emission value of E_ij, 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 NO_x emission value of E_ij, if T_ij 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 NO_x 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 NO_x 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 T_ij 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 NO_x 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

• 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.

Marginal note:Sampling ports

• 71 (1) The location of the sampling port, and its traverse points, in the exhaust pipe for each test run must be determined in accordance with

  • (a) EPA Method 1 or EPA Method 1A, as applicable;

  • (b) ASTM D6522-11; or

  • (c) EC Method A.

• Marginal note:Pre-existing engines without sampling port

  (2) If a pre-existing engine does not have a sampling port that meets the requirements of any of those methods, each test run must

  • (a) be conducted at a single traverse point that is located at the centre of the exhaust pipe at a distance from the engine of at least twice the diameter of that pipe; and

  • (b) have the NO_x emission intensity of the engine expressed in ppmvd_15%.

• Marginal note:After-treatment control devices

  (3) If an after-treatment control device is used, either

  • (a) the location of the sampling port described by subsection (1) must also be downstream of the device; or

  • (b) for the purpose of paragraph (2)(a), the location of the single traverse point must be downstream of the device — rather than the engine — at a distance from the device of at least twice the diameter of the exhaust pipe.

Marginal note:Concentration of NO_x

• 72 (1) The concentration of NO_x in the engine’s exhaust gas for each test run must be determined in accordance with

  • (a) EPA Method 7;

  • (b) EPA Method 7A;

  • (c) EPA Method 7C;

  • (d) EPA Method 7E;

  • (e) EPA Method 320;

  • (f) ASTM D6348-12e1;

  • (g) ASTM D6522-11; or

  • (h) EC Method AP-77-3.

• Marginal note:Concentration of O₂

  (2) The concentration of O₂ in the engine’s exhaust gas for each test run must be determined in accordance with

  • (a) the EPA method entitled Method 3 — Gas Analysis for the Determination of Dry Molecular Weight, set out in Appendix A-2 to Part 60 of the CFR;

  • (b) EPA Method 3A;

  • (c) the EPA method entitled Method 3B — Gas Analysis for the Determination of Emission Rate Correction Factor or Excess Air, set out in Appendix A-2 to Part 60 of the CFR;

  • (d) ASTM D6522-11; or

  • (e) the method entitled Flue and Exhaust Gas Analyses, published by the American Society of Mechanical Engineers and cited as ASME PTC 19.10-1981.

• Marginal note:Moisture content

  (3) For each test run, if the concentration of NO_x in the engine’s exhaust gas is measured on a wet basis or if the NO_x emission intensity of the engine is to be expressed in g/kWh, the moisture content in that gas must be determined in accordance with

  • (a) EPA Method 4;

  • (b) EPA Method 320;

  • (c) ASTM D6348-12e1; or

  • (d) EC Method D.

• Marginal note:Volumetric flow rate

  (4) If the NO_x emission intensity of the engine is to be expressed in g/kWh, the volumetric flow rate of the engine’s exhaust gas must be expressed in m³/h, at 25°C and 101.325 kPa, and be determined in accordance with

  • (a) EPA Method 2;

  • (b) EPA Method 19; or

  • (c) EC Method B.

• Marginal note:Simultaneous measurement

  (5) For each test run, the following measurements must be taken simultaneously at the same traverse point in accordance with section 71:

  • (a) the concentration of NO_x in the engine’s exhaust gas;

  • (b) the concentration of O₂ in the engine’s exhaust gas;

  • (c) the moisture content in the engine’s exhaust gas, if applicable; and

  • (d) the volumetric flow rate of the engine’s exhaust gas, if applicable.

Marginal note:ppmvd_15%

73 If the NO_x emission intensity of the engine is to be expressed in ppmvd_15%, it must be determined for each test run by the formula

Marginal note:g/kWh

• 74 (1) If the NO_x emission intensity of the engine is to be expressed in g/kWh, it must be determined for each test run by the formula

  (1.88 × 10^-3 × C × Q × T)/BW

  where

  C

  is the concentration of NO_x in the engine’s exhaust gas, expressed in parts per million by volume, determined at a given percentage of oxygen (%O₂) in accordance with subsection 72(1);

  Q

  is the volumetric flow rate of the engine’s exhaust gas, expressed in m³/h, determined in accordance with subsection 72(4);

  T

  is the duration of the test run, expressed in hours to two decimal places; and

  BW

  is the brake work of the engine during the test run, expressed in kWh.

• Marginal note:Wet or dry basis

  (2) The elements C and Q described in subsection (1) must be expressed on the same basis, whether wet or dry.

Marginal note:NO_x emission intensity — average

75 The NO_x emission intensity of the engine determined by means of a performance test is the average of the three determinations — one for each test run — of its NO_x emission intensity.

Marginal note:NO_x emission intensity — deemed days

76 The average described in section 75 is deemed to be the NO_x emission intensity of the engine

• (a) for the day on which the performance test is conducted; and

• (b) for every subsequent day until its NO_x emission intensity is determined based on another performance test.

Marginal note:Performance tests

77 In addition to a performance test referred to in section 69, a performance test to determine the NO_x emission intensity, expressed in ppmvd_15% or g/kWh, of a regular-use engine must be conducted

• (a) within 12 months after the first hour of its operation after it first becomes a regular-use engine, if it is a modern engine that has a rated brake power of at least 75 kW;

• (b) within 12 months after any of sections 57 to 59 first applies in respect of the engine;

• (c) within 90 days after a person becomes, on a given date, an owner of an engine that is subject to a NO_x emission intensity limit referred to in any of sections 54 and 57 to 59, if

  • (i) they do not have 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, if any, conducted on the engine, and

  • (ii) that given date occurs

    • (A) less than 90 days before the end of the 12-month period referred to in paragraph (a) or (b), or

    • (B) after the end of that 12-month period; and

• (d) before an assignment, by a responsible person under subsection 67(1), of a NO_x emission value to an engine that is different from its default NO_x emission value described in subsection 66(2), if

  • (i) the NO_x emission value that they propose to assign is lower than the NO_x emission intensity for the engine determined by means of the most recent performance test conducted on the engine, or

  • (ii) that responsible person does not have a record of the information referred to in paragraph 100(i) and section 6 of Schedule 10 in respect of that most recent performance test.

Marginal note:Subsequent performance test

78 An engine with a rated brake power of at least 375 kW on which a performance test has been conducted under section 77 or this section must have a subsequent performance test conducted to determine its NO_x emission intensity, expressed in ppmvd_15% or g/kWh,

• (a) for a lean-burn engine, by the earlier of the completion of 17,520 hours of operation since the most recent of those performance tests and 36 months after that most recent performance test; and

• (b) for a rich-burn engine,

  • (i) by the earlier of the completion of 8,760 hours of operation since the most recent of those performance tests and 36 months after that most recent performance test, if the concentration of NO_x in the exhaust gas has been determined — under section 89 for at least one emissions check conducted in each 90-day period in accordance with paragraph 79(b) — not to exceed the NO_x emission intensity limit, expressed in ppmvd_15%, applicable to the engine, and

  • (ii) by the earlier of the completion of 4,380 hours of operation since the most recent of those performance tests and nine months after that most recent performance test, in any other case.

Emissions Checks

Marginal note:When emissions check required for certain engines

79 An emissions check to determine the concentration of NO_x in the exhaust gas must be conducted

• (a) on a lean-burn engine with a rated brake power of at least 375 kW,

  • (i) within 365 days after the assignment of a default emission value under subsection 66(1), and

  • (ii) within 365 days after the most recent performance test conducted on the engine under section 77 or 78 or the most recent emissions check conducted on the engine under this section; and

• (b) on a rich-burn engine referred to in subparagraph 78(b)(i), within 90 days after the most recent performance test conducted on the engine under section 77 or 78 or the most recent emissions check conducted on the engine under this section.

Marginal note:Using electrochemical analyzer

• 80 (1) An emissions check must be conducted by means of an electrochemical analyzer.

• Marginal note:Electrochemical analyzers

  (2) The electrochemical analyzer must

  • (a) be capable of simultaneously measuring the concentrations, in an engine’s exhaust gas, of each of the following gases by means of an electrochemical cell for each of those gases:

    • (i) O₂, CO and NO, for

      • (A) a rich-burn engine that is equipped with a three-way catalyst, and

      • (B) an engine whose NO_x in the exhaust gas consists of at most 10% NO₂, based on the results of the most recent performance test conducted on it, and

    • (ii) O₂, CO, NO and NO₂, in any other case;

  • (b) have a resolution, as specified by its manufacturer, that is at most

    • (i) 1 ppm, for CO, NO and, if applicable, NO₂, and

    • (ii) 0.1%, for O₂; and

  • (c) be equipped with a device that monitors the temperature of the NO electrochemical cell.

Marginal note:Calibration error checks and interference responses

81 Before an electrochemical analyzer is used for the first time to conduct an emissions check on an engine,

• (a) an initial sequence of calibration error checks must be conducted on the cells of the analyzer in accordance with section 83; and

• (b) an initial determination of the CO and NO interference responses of the cells of the analyzer must be conducted in accordance with section 84 for each of the calibration error checks in the sequence.

Marginal note:Analyzer — operation and maintenance

• 82 (1) An electrochemical analyzer must be operated and maintained in accordance with the manufacturer’s specifications, including the specifications on

  • (a) introducing gas into the analyzer at a constant flow rate within the range specified by the manufacturer; and

  • (b) rinsing the analyzer with fresh air for the period recommended by the manufacturer between each introduction of gas into the analyzer.

• Marginal note:Analyzer — set-up

  (2) Before a calibration error check or an emissions check is conducted in a given location,

  • (a) the measurement system must be verified to have no leaks;

  • (b) if applicable, the measurement system must be verified to have sufficient scrubbing agent in good working order to conduct the check;

  • (c) after those verifications, the analyzer must be turned on at that location for the longer of

    • (i) 20 minutes, and

    • (ii) the period that is necessary for the temperature of the NO electrochemical cell to be within 2°C of ambient air temperature; and

  • (d) after the end of the applicable period described in paragraph (c), the analyzer must be zeroed at that location by

    • (i) using the zeroing function of the analyzer, or

    • (ii) turning it off and on.

• Marginal note:Analyzer — measurement system for introduction of gas

  (3) The measurement system for the introduction of gas into the analyzer must

  • (a) remove condensation continuously from that gas by means of a chilled condenser or similar device; and

  • (b) be non-reactive with NO₂.

Marginal note:Sequence of calibration error checks

• 83 (1) A sequence of calibration error checks consists of two calibration error checks on each of the electrochemical cells of an analyzer, one involving the introduction of a zero gas and the other involving the introduction of a span gas.

• Marginal note:Calibration error checks

  (2) A calibration error check on an electrochemical cell of an analyzer is conducted by introducing into the analyzer, at a constant flow rate, a calibration gas — namely, a zero gas or a span gas — for each of the gases referred to in subsection (3) to which that cell is designed to respond in order to determine the difference between

  • (a) the concentration of that gas in that calibration gas, as indicated by the reading of that cell’s response to it taken after the stabilization period for the calibration error check for that cell, and

  • (b) the certified concentration of that gas in that calibration gas.

• Marginal note:Calibration gases

  (3) The zero gas and the span gas for the following gases to which a cell is designed to respond are

  • (a) for O₂,

    • (i) a zero gas that consists of

      • (A) O₂ in nitrogen, with a certified concentration of O₂ of less than 0.25% of the concentration of O₂ in its corresponding span gas,

      • (B) CO in nitrogen, or in air, with a certified concentration of O₂ of less than 0.05%, or

      • (C) NO in nitrogen, with a certified concentration of O₂ of less than 0.05%, and

    • (ii) a span gas that consists of

      • (A) ambient air in a well-ventilated area, with a presumed certified concentration of 20.9% O₂, or

      • (B) O₂ in nitrogen that has a certified concentration of O₂ that is

        • (I) within the measuring range, specified by the analyzer’s manufacturer, for the O₂ cell, and

        • (II) at least 5% and at most 20.9%;

  • (b) for CO,

    • (i) a zero gas that consists of

      • (A) ambient air in a well-ventilated area, with a presumed certified concentration of 0 ppm CO, or

      • (B) CO in nitrogen, or in air, with a certified concentration of CO of less than 0.25% of the concentration of CO in its corresponding span gas, and

    • (ii) a span gas that consists of CO in nitrogen, or in air, with a certified concentration of CO that is

      • (A) within the measuring range, specified by the analyzer’s manufacturer, for the CO cell, and

      • (B) at least 200 ppm and at most 400 ppm;

  • (c) for NO,

    • (i) a zero gas that consists of

      • (A) ambient air in a well-ventilated area, with a presumed certified concentration of 0 ppm NO, or

      • (B) NO in nitrogen, with a certified concentration of NO of less than 0.25% of the concentration of NO in its corresponding span gas, and

    • (ii) a span gas that consists of NO in nitrogen, with a certified concentration of NO that is

      • (A) within the measuring range, specified by the analyzer’s manufacturer, for the NO cell, and

      • (B) at least 100 ppm and at most 200 ppm; and

  • (d) for NO₂,

    • (i) a zero gas that consists of

      • (A) ambient air in a well-ventilated area, with a presumed certified concentration of 0 ppm NO₂, or

      • (B) NO₂ in air with a certified concentration of NO₂ of less than 0.25% of the concentration of NO₂ in its corresponding span gas, and

    • (ii) a span gas that consists of NO₂ in air, with a certified concentration of NO₂ that is

      • (A) within the measuring range, specified by the analyzer’s manufacturer, for the NO₂ cell, and

      • (B) at least 50 ppm and at most 100 ppm.

• Marginal note:Certified concentration

  (4) A concentration of O₂, CO, NO or NO₂ in a calibration gas is certified if the manufacturer of the gas certifies that

  • (a) the concentration of that gas in the calibration gas is accurate within ± 2%; and

  • (b) the calibration gas was prepared and analyzed

    • (i) in accordance with section 2 of method entitled EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, published in May 2012 and bearing the designation EPA/600/R-12/531, or

    • (ii) by means of a process for measuring that concentration and for verifying its accuracy in accordance with specifications and standards of the National Institute of Standards and Technology of the United States.

• Marginal note:Stabilization periods and records

  (5) The stabilization period for a sequence of calibration error checks on an analyzer is the longest period among the periods required for each electrochemical cell to have a stable response, following the introduction of a span gas into the analyzer, to the gas to which the cell is designed to respond. The duration of each of those periods must be recorded.

• Marginal note:Calibration error

  (6) The calibration error — for each calibration error check involving the introduction of the zero gas or of the span gas — must be at most

  • (a) for O₂, 0.5%; and

  • (b) for CO, NO or NO₂, the greater of

    • (i) 5% of the certified concentration of that gas in the span gas, and

    • (ii) 10 ppm.

Marginal note:Reading for CO and NO interference responses

• 84 (1) When a reading of an electrochemical cell’s response to a span gas for NO or NO₂ is taken under subsection 83(1), a reading must also be taken — for the purpose of determining the CO and NO interference responses — of the response of the following other cells of the analyzer to that span gas:

  • (a) for a span gas for NO, the CO cell; and

  • (b) for a span gas for NO₂, the CO and NO cells.

• Marginal note:CO interference response

  (2) The CO interference response — namely, the response of the CO cell to the presence of NO and NO₂ in the introduced span gas — is the percentage determined by the formula

  [(R_CO−NO/C_NOG × C_NOS/C_COS) + (R_CO−NO2/C_NO2G × C_NO2S/C_COS)] × 100

  where

  R_CO−NO

  is the CO response to span gas for NO, expressed in ppm of CO;

  C_NOG

  is the certified concentration of NO in the span gas for NO, expressed in ppm of NO;

  C_NOS

  is the concentration of NO in the exhaust gas of the engine, as determined in accordance with section 89 for the most recent emissions check that was conducted by means of the analyzer referred to in subsection (1), expressed in ppm of NO;

  C_COS

  is the concentration of CO in the exhaust gas of the engine, as determined in accordance with section 89 for that most recent emissions check, expressed in ppm of CO;

  R_CO−NO2

  is the CO response to span gas for NO₂, expressed in ppm of CO;

  C_NO2G

  is the certified concentration of NO₂ in the span gas for NO₂, expressed in ppm of NO₂; and

  C_NO2S

  is the concentration of NO₂ in the exhaust gas of the engine, as determined in accordance with section 89 for that most recent emissions check, expressed in ppm of NO₂.

• Marginal note:NO interference response

  (3) The NO interference response — namely, the response of the NO cell to the presence of NO₂ in the introduced span gas — is the percentage determined by the formula

  R_NO−NO2/C_NO2G × C_NO2S/C_NOxS × 100

  where

  R_NO−NO2

  is the NO response to span gas for NO₂, expressed in ppm of NO;

  C_NO2G

  is the certified concentration of NO₂ in the span gas for NO₂, expressed in ppm of NO₂;

  C_NO2S

  is the concentration of NO₂ in the exhaust gas of the engine, as determined in accordance with section 89 for the most recent emissions check that was conducted by means of the analyzer referred to in subsection (1), expressed in ppm of NO₂; and

  C_NOxS

  is the concentration of NO_x in the exhaust gas of the engine, as determined in accordance with section 89 for that most recent emissions check, expressed in ppm of NO_x.

• Marginal note:No prior emissions check

  (4) If there is no prior emissions check conducted by means of the analyzer referred to in subsection (1),

  • (a) the value of C_NOS, C_COS and C_NO2S referred to in subsection (2) or (3) is the certified concentration of NO, CO and NO₂, respectively, in the span gas for that gas, expressed in ppm of that gas; and

  • (b) the value of C_NOxS referred to in subsection (3) is the total of the certified concentrations of NO and NO₂ in the span gas for NO and NO₂, respectively, expressed in ppm of NO_x.

• Marginal note:Interference response ≤ 5%

  (5) The CO interference response and the NO interference response must each be at most 5%.

Marginal note:Invalid emissions check — calibration and interference

85 If a calibration error check on a cell of an analyzer does not meet the requirements of subsection 83(6) or a determination — based on the readings taken during a sequence of calibration error checks that includes that calibration error check — of the CO interference response made under subsection 84(2), or of the NO interference response made under subsection 84(3), is more than 5%,

• (a) any emissions check that is conducted with the analyzer, since the most recent sequence of calibration error checks on the analyzer, is invalid; and

• (b) no emissions check that is conducted with the analyzer is valid until

  • (i) a sequence of calibration error checks on its cells is conducted for which each calibration error check meets the requirements of subsection 83(6), and

  • (ii) a determination — based on the readings taken during that sequence — of at most 5% is made in accordance with subsections 84(2) and 84(3) of the CO interference response and of the NO interference response, respectively.

Marginal note:Emissions check — sampling ports

• 86 (1) The location in the exhaust pipe of the sampling port and its traverse points — or the single traverse point — at which an emissions check is to be conducted must be

  • (a) the same as the location of the sampling port or the single traverse point that is used for the most recent performance test conducted, if that port or point continues to be available; and

  • (b) determined in accordance with section 71, in any other case.

• Marginal note:Single point

  (2) A single traverse point at the centre of the exhaust pipe at the sampling port may be used to take samples instead of multiple traverse points.

Marginal note:Operating conditions for emissions checks

87 The emissions check must be conducted while the engine is

• (a) operating with a rated brake power

  • (i) that is at most 10% below the brake power at which it operated most of the time during the previous 90 days, if that brake power during that time is at least 50% of its rated brake power, and

  • (ii) that is at least 40% of its rated brake power, in any other case; and

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

Marginal note:Emissions check — sampling procedure

• 88 (1) The emissions check must be conducted — on an engine’s exhaust gas introduced into the analyzer at a constant flow rate — during a 15-minute sampling period by

  • (a) taking a reading of each of its electrochemical cells’ responses to, as applicable, O₂, CO, NO and NO₂ in the exhaust gas at least once each minute during that period and at least 15 seconds after a previous reading; or

  • (b) recording the average, over each minute of that period, of each of those cells’ responses to, as applicable, O₂, CO, NO and NO₂ in the exhaust gas.

• Marginal note:NO cell temperature

  (2) If the emissions check is conducted with an analyzer that does not display negative concentrations, the NO cell temperature must be recorded at least once each minute during the 15-minute sampling period.

• Marginal note:Beginning of sampling period

  (3) The sampling period begins after the end of the period that begins with the introduction of the engine’s exhaust gas into the analyzer for the emissions check and that has a duration determined by the formula

  2T_s + {π/4 × [(d_E² × L_E)/Q_E − (d_C² × L_C)/Q_C]}

  where

  T_s

  is the stabilization period, expressed in seconds, referred to in subsection 83(5) for the most recent sequence of calibration error checks conducted on the analyzer;

  d_E

  is the greatest diameter, expressed in m, of any tube that is used in the measurement system through which the engine’s exhaust gas flows from the sampling port or traverse point to the analyzer during the emissions check;

  L_E

  is the total length, expressed in m, of those tubes that are used during the emissions check;

  Q_E

  is the flow rate, expressed in m³/s, of the engine’s exhaust gas measured by the analyzer during the emissions check;

  d_C

  is the smallest diameter, expressed in m, of any tube that is used in the measurement system through which the span gas flows from the point where it is introduced into the measurement system to the analyzer during the most recent sequence of calibration error checks conducted on the analyzer;

  L_C

  is the total length, expressed in m, of those tubes that are used during the most recent sequence of calibration error checks conducted on the analyzer; and

  Q_C

  is the flow rate, expressed in m³/s, of the span gas for NO measured by the analyzer during the most recent sequence of calibration error checks conducted on the analyzer.

Marginal note:Concentration of O₂, CO, NO and NO₂ — average

• 89 (1) The concentration of O₂, CO, NO and NO₂, as the case may be, in the exhaust gas determined by the emissions check is the average of the concentrations of the gas in each reading taken or recording made in accordance with subsection 88(1).

• Marginal note:Concentration of NO_x

  (2) The concentration of NO_x in the exhaust gas, expressed in ppmvd_15%, must be determined by the formula

  5.9C_d/(20.9 – %O₂)

  where

  C_d

  is the sum of the concentrations of NO and NO₂ in the engine’s exhaust gas as determined in accordance with subsection (1), expressed in ppmvd, at the concentration of O₂, determined in accordance with that subsection; and

  %O₂

  is the number that represents the percentage of oxygen in the engine’s exhaust gas based on the concentration of O₂ determined in accordance with that subsection.

Marginal note:Invalid emissions check — temperature

• 90 (1) If there is a difference of more than 3°C between any two NO cell temperatures that are recorded in accordance with subsection 88(2), the emissions check in question and any concentration that is determined in accordance with section 89 are invalid.

• Marginal note:Invalid emissions check — cell measuring range

  (2) If any reading taken of an electrochemical cell’s response, or recording that is made of the average of the responses of that cell, in accordance with subsection 88(1) during an emissions check with an analyzer to determine a concentration in accordance with section 89 is outside the measuring range for that cell specified by the analyzer’s manufacturer,

  • (a) the emissions check and any concentration that is determined in accordance with that section are invalid; and

  • (b) no emissions check that is conducted with the analyzer is valid until

    • (i) a sequence of calibration error checks on its cells is conducted for which each calibration error check meets the requirements of subsection 83(6), and

    • (ii) a determination — based on the readings taken during that sequence — of at most 5% is made in accordance with subsections 84(2) and (3) of the CO interference response and of the NO interference response, respectively.

Performance Tests and Emissions Checks

Marginal note:Periods when not conducted

91 A performance test or an emissions check must not be conducted during any period referred to in section 49.

Marginal note:Extended period for new owners

92 Despite any of paragraphs 77(a) to (c) or section 78 or 79, a person who becomes an owner of an engine — on a date during the last 90 days of the period for conducting a performance test or emissions check on the engine referred to in that provision with no performance test or emissions check on the engine having yet been conducted in that period — may conduct the performance test or emissions check within a period of 90 days after that date.

Marginal note:Extended period — last day

93 Despite any of paragraphs 77(a) to (c) or section 78, 79 or 92, a performance test or emissions check that is referred to in that provision and that has not been conducted by the last day of the period for conducting the performance test or emissions check referred to in that provision must be conducted

• (a) if that last day occurs in a period referred to in section 49 or a period when the engine is not operating, on the first day that occurs that is not in either of those periods; or

• (b) if that last day occurs in a period while an election to have the engine be low-use is in effect, on or by the day, if any, after that period ends.

Engine Management

Marginal note:Nameplate

• 94 (1) An engine that is low-use or that is subject to a NO_x emission intensity limit referred to in any of sections 54 and 57 to 59 — or an engine or replacement unit that belongs to a subgroup — must have a nameplate that is permanently affixed to it in a visible location and that indicates

  • (a) its serial number or, if the serial number is not known or cannot be obtained, its unique alphanumeric identifier referred to in subsection (3);

  • (b) its make and model; and

  • (c) its rated brake power.

• Marginal note:Serial number

  (2) The serial number must be the serial number provided by the engine or replacement unit’s manufacturer

  • (a) on the original nameplate affixed to it;

  • (b) as engraved on the original crankcase; or

  • (c) as set out in a document that is provided by its manufacturer.

• Marginal note:Unique alphanumeric identifier

  (3) If the serial number is not known or cannot be obtained, the responsible person for a pre-existing engine or a replacement unit that is not a modern engine may apply to the Minister for a unique alphanumeric identifier for the engine or replacement unit by providing the Minister with

  • (a) the information set out in Schedule 9, other than the engine’s or replacement unit’s serial number or unique alphanumeric identifier; and

  • (b) the reason why the serial number is not known or cannot be obtained.

• Marginal note:Refusal

  (4) The Minister must refuse the application if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in the application.

Marginal note:Operation and maintenance

• 95 (1) The recommendations of the manufacturer concerning the operation and maintenance of the systems and components referred to in subsection (2) that are related to an engine must be treated as requirements and be complied with,

  • (a) in respect of an engine that is subject to a NO_x emission intensity limit referred to in any of sections 54, 55 and 57, by a responsible person for the engine;

  • (b) in respect of an engine that is subject to a NO_x emission intensity limit referred to in section 58 or 59, by the responsible person who has established the group to which the engine belongs; and

  • (c) in respect of an engine that belongs to a subgroup, other than a pre-existing engine that has been assigned a default NO_x emission value referred to in subparagraph 66(2)(a)(ii) or paragraph 66(2)(b) or (c), by the responsible person who has established the group to which the engine belongs.

• Marginal note:Systems and components

  (2) The following are the systems and components:

  • (a) the ignition system, including spark plugs;

  • (b) the air-fuel ratio management system;

  • (c) the NO_x, O₂ and lambda sensors;

  • (d) the lubrication system, including the oil and oil filters;

  • (e) the air intake filtration system; and

  • (f) the after-treatment control device.

• Marginal note:No obligation to comply

  (3) Despite subsection (1), no recommendation referred to in that subsection need be treated as a requirement and complied with by the responsible person described in that subsection if they have a record that establishes that without that compliance the NO_x emission intensity of the engine is unlikely to exceed the following limit or value:

  • (a) the applicable NO_x emission intensity limit referred to in sections 54, 55, 57 and 58;

  • (b) in respect of an engine that belongs to the subset referred to in subsection 59(1), the applicable NO_x emission intensity limit referred to in that subsection; and

  • (c) in respect of an engine that belongs to a subgroup, the NO_x emission value that is assigned to the engine under

    • (i) subsection 66(1), if that emission value is 210 ppmvd_15% or 4 g/kWh, or

    • (ii) subsection 67(1).

Marginal note:Air-fuel ratio

96 The responsible person described in subsection 95(1) must verify, maintain and adjust the air-fuel ratio of the engine so as to ensure that its NO_x emission intensity, during the diverse ambient conditions anticipated during a year, does not exceed the following limit or value:

• (a) the applicable NO_x emission intensity limit referred to in sections 54, 55, 57 and 58;

• (b) in respect of an engine that belongs to the subset referred to in subsection 59(1), the applicable NO_x emission intensity limit referred to in that subsection; and

• (c) in respect of an engine that belongs to a subgroup, the NO_x emission value assigned to the engine under

  • (i) subsection 66(1), if that emission value is 210 ppmvd_15% or 4 g/kWh, or

  • (ii) subsection 67(1).

Registry, Reporting and Recording of Information

Marginal note:Engine registry

• 97 (1) The Minister is to establish an engine registry in order to carry out the purpose of this Part by facilitating the provision to the Minister of information that is

  • (a) necessary to know whether this Part applies in respect of an engine; and

  • (b) related to the requirements referred to in section 60 that are imposed on engines that belong to a subgroup.

• Marginal note:Regular-use and low-use engines

  (2) The following engines must be registered in the engine registry:

  • (a) a modern engine with a rated brake power of at least 75 kW that is regular-use or low-use; and

  • (b) a pre-existing engine with a rated brake power of at least 250 kW that is regular-use or low-use.

• Marginal note:Registration date — engines in group

  (3) A responsible person for a regular-use engine that they have designated as belonging to their group must register the engine on or before

  • (a) January 1, 2019, if the designation occurs before that date; and

  • (b) July 1 of the year that follows the year during which the engine is designated as belonging to the group, if the designation occurs on or after January 1, 2019.

• Marginal note:Registration date — engines not in group

  (4) An engine referred to in subsection (2) that does not belong to a group must be registered on or before

  • (a) for a pre-existing engine, the later of

    • (i) January 1, 2019, and

    • (ii) July 1 of the year that follows the first year during which there is a responsible person for the engine, and

  • (b) for a modern engine, July 1 of the year that follows the first year during which there is a responsible person for the engine.

• Marginal note:Re-registration

  (5) An engine that has been registered in accordance with subsection (4) — or re-registered under this subsection — must be re-registered on or before July 1 of the year that follows the last year during which there remains at least one responsible person for the engine who has registered or re-registered the engine.

• Marginal note:Registration

  (6) The registration occurs when the Minister is provided with the information for inclusion in the engine registry in respect of the engine that is set out in Schedule 9.

Marginal note:Change of information — engine registry

• 98 (1) If there is a change in the information provided to the Minister for inclusion in the engine registry in respect of an engine or a replacement unit, the Minister must be provided with the updated information

  • (a) within 30 days after the place where a record is kept is changed, if the updated information involves a change in the place where a record is kept; and

  • (b) on or before July 1 of the year that follows the year during which the change occurred but before a compliance report in respect of that year is provided to the Minister, in any other case.

• Marginal note:Responsible person

  (2) The updated information must be provided by

  • (a) the responsible person referred to in subsection 97(3), if the updated information is in respect of an engine referred to in that subsection or in respect of a replacement unit referred to in subsection 64(4); or

  • (b) a responsible person who has registered or re-registered the engine in the engine registry in accordance with subsection 97(4) or (5), if the updated information is in respect of an engine referred to in that subsection.

Marginal note:Compliance reports

• 99 (1) A compliance report must, on or before July 1 of a year, be provided that contains the information set out in Schedule 10 in respect of the preceding year to the Minister in respect of

  • (a) an engine or replacement unit that, during the preceding year, belongs to a subgroup; or

  • (b) an engine that, during the preceding year,

    • (i) is subject to a NO_x emission intensity limit,

    • (ii) is low-use; or

    • (iii) combusts fuel for a period referred to in section 49.

• Marginal note:Responsible person

  (2) The compliance report must be provided by the responsible person for the engine or replacement unit who

  • (a) provided updated information in accordance with paragraph 98(2)(a) in respect of an engine or replacement unit referred to in that paragraph, if that updated information was provided;

  • (b) provided updated information in accordance with paragraph 98(2)(b) in respect of an engine referred to in that paragraph, if that updated information was provided; or

  • (c) registered the engine in the engine registry in accordance with subsection 97((3) or (4) or re-registered it in the engine registry in accordance with subsection 97(5), in any other case.

Marginal note:Record-making

100 In addition to any records otherwise required under these Regulations, a record in respect of an engine or replacement unit that contains the following information or documents must be made:

• (a) if the engine is equipped with an emission control system after March 31, 2020, information that establishes that the engine is so equipped, along with the date on which it was equipped;

• (b) the calculation of the mass flow for each period referred to in section 49, along with the dates on which the period begins and ends;

• (c) for each low-use engine, the following information concerning any period of operation during an emergency referred to in paragraph 51(2)(e):

  • (i) the dates on which the period begins and ends,

  • (ii) its duration, in hours, and

  • (iii) an indication of whether paragraph (a) or (b), or both, of the definition emergency set out in section 45 describes that operation;

• (d) for each pre-existing engine with a rated brake power of at least 250 kW that ceases to be a regular-use engine, the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine and the date of that cessation;

• (e) information that establishes the date referred to in paragraph 56(3)(a) or 65(3)(a), subsection 66(3), paragraph 67(2)(a) or 77(c) or section 92 on which the responsible person referred to in that paragraph, subsection or section became an owner of the engine;

• (f) for each engine designated as belonging to a group, the information referred to in paragraph 56(3)(a) or (b);

• (g) for each engine that has had its designation as belonging to a group cancelled under paragraph 56(4)(b), the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine and the date of the cancellation;

• (h) for each pre-existing engine or replacement unit belonging to a subgroup, the information referred to in paragraph 65(3)(a) or (b);

• (i) for each performance test referred to in clause 66(2)(a)(i)(B) or section 77, 78, 92 or 93 that is conducted on the engine,

  • (i) the date on which the performance test was conducted,

  • (ii) the name of the person who conducted the performance test and, if that person is a corporation, the name of the individual who conducted the performance test, and

  • (iii) for each test run in the performance test,

    • (A) the brake power of the engine while the test run was conducted and the measurements and calculations used to determine that brake power, and

    • (B) the NO_x emission intensity of the engine that was determined for that test run and the measurements and calculations that were used to make that determination;

• (j) for each emissions check that is conducted under section 79, 92 or 93,

  • (i) the make, model and serial number of the analyzer that was used,

  • (ii) the date on which the emissions check was conducted,

  • (iii) the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine on which the emissions check was conducted,

  • (iv) the name of the person who conducted the emissions check and, if that person is a corporation, the name of the individual who conducted the emissions check,

  • (v) an estimate of the brake power of the engine while the emissions check was conducted,

  • (vi) for each minute of the sampling period for the emissions check referred to in subsection 88(1),

    • (A) each NO cell temperature that was recorded, and

    • (B) each reading of an electrochemical cell’s response to a concentration, or recording of the average of those responses, of O₂, CO, NO and NO₂ in the engine’s exhaust gas, and

  • (vii) the flow rate of the engine’s exhaust gas that was measured by the analyzer during the emissions check;

• (k) for any electrochemical analyzer used to conduct a sequence of calibration error checks or an emissions check,

  • (i) the serial number, make and model of the electrochemical analyzer, and

  • (ii) a log of operations and maintenance of the electrochemical analyzer;

• (l) for each sequence of calibration error checks of an analyzer that are conducted under section 83,

  • (i) the serial number, make and model of the analyzer,

  • (ii) the date on which the sequence was conducted,

  • (iii) the certified concentration of each zero gas and of each span gas for O₂, CO, NO or NO₂,

  • (iv) the stabilization periods recorded under subsection 83(5) for each cell’s response — following the introduction of a span gas for O₂, CO, NO or NO₂ into the analyzer — to the gas to which the cell is designed to respond,

  • (v) the reading of each cell’s response to a calibration gas referred to in subsection 83(2),

  • (vi) the calibration error described in subsection 83(6), for each zero gas and span gas for, as applicable, O₂, CO, NO or NO₂,

  • (vii) the flow rate of each span gas that is measured by the analyzer during the sequence,

  • (viii) the reading of the response referred to in subsection 84(1) for the CO cell and NO cell, and

  • (ix) the CO interference response that is determined under subsection 84(2) and the NO interference response that is determined under subsection 84(3);

• (m) if a performance test or emissions check was conducted on the engine under paragraph 93(a), information that establishes that it was not operating for each day in the period of its non-operation referred to in that paragraph;

• (n) a log of operations and maintenance of the systems and components related to the engine that are set out in subsection 95(2); and

• (o) for each engine referred to in subsection 95(1), the type of equipment or method used to control the air-fuel ratio of the engine, and how that ratio was verified and maintained or adjusted, during the diverse ambient conditions in each year, so as to ensure that its NO_x emission intensity does not exceed the NO_x emission intensity limit or NO_x emission value referred to in section 96.

PART 3Cement

Marginal note:Definitions

101 The following definitions apply in this Part and in Schedule 11.

cement

cement means a powder that results from the grinding of clinker and the blending of the ground clinker with other materials. (ciment)

clinker

clinker means solid nodules that are produced by the pyroprocessing of feedstock in a kiln. (clinker)

feedstock

feedstock means a ground blend of calcium carbonate, silica, alumina, ferrous oxide and any other material that is used to produce clinker. (matière première)

grey cement

grey cement means cement that is manufactured from clinker that contains more than 0.5% by weight of ferric oxide. (ciment gris)

kiln

kiln means a thermally insulated chamber into which blended feedstock is introduced for pyroprocessing in order to produce clinker. (four)

long dry kiln

long dry kiln means a kiln that

• (a) is not equipped with a system for preheating dry feedstock; or

• (b) is equipped with a system for preheating dry feedstock with at most two stages of preheating before the feedstock is introduced into the kiln. (four long à voie sèche)

precalciner kiln

precalciner kiln means a kiln that is equipped with a system for precalcining dry feedstock using, before the feedstock is introduced into the kiln, a secondary burner that has a tertiary supply of combustion air. (four à précalcinateur)

preheater kiln

preheater kiln means a kiln that is equipped with a system for preheating dry feedstock with at least three stages of preheating before the feedstock is introduced into the kiln. (four à préchauffeur)

wet kiln

wet kiln means a kiln into which feedstock is introduced as a fine slurry with a water content of more than 20% by weight. (four à voie humide)

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.

Marginal note:Approval

• 113 (1) The Minister must grant the application and approve the proposed alternative rule — with any modification, or subject to any conditions, that the Minister considers desirable — if the Minister is of the opinion that

  • (a) the rule that is to be replaced is described by paragraph 112(1)(a) or (b);

  • (b) the proposed alternative rule is described by paragraph 112(3)(a) or (b); and

  • (c) 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.

• Marginal note:Provision of approved alternative rule

  (2) Without delay after approving an alternative rule, the Minister must provide the applicant — and every other responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, set out in the application — with the alternative rule, as approved.

• Marginal note:Provision of rule to another responsible person

  (3) A responsible person referred to in subsection (2) must — on another person becoming a responsible person for it — provide that other person with the alternative rule, as approved.

Marginal note:Application of approved alternative rule

• 114 (1) Subject to section 115, an alternative rule, as approved by the Minister, replaces the rule in question that is set out in a document that is incorporated by reference into these Regulations and applies in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility.

• Marginal note:Interpretation of incorporated document

  (2) For greater certainty, the document is to be read with reference to the alternative rule, as approved, and not the rule that the alternative rule replaces.

Marginal note:Notice to apply replaced rule

115 A responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, may in writing notify the Minister and every other responsible person for it that the alternative rule, as approved, no longer applies — as of the date indicated in the notice — in respect of that boiler, heater, engine or kiln located in the cement manufacturing facility.

Marginal note:Refusal — false, misleading or incomplete information

• 116 (1) The Minister must refuse the application if the Minister has reasonable grounds to believe that the responsible person has, with their application, provided false, misleading or incomplete information.

• Marginal note:Refusal — informing applicant

  (2) Without delay after refusing the application, the Minister must inform the applicant of the refusal, along with the reasons for it.

Marginal note:Revocation by Minister

• 117 (1) The Minister must revoke the alternative rule as approved by the Minister if

  • (a) new information, with supporting documents, demonstrates that the alternative rule, as approved — 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 not at least as rigorous and effective as the rule it replaces; or

  • (b) the Minister has reasonable grounds to believe that the responsible person had, with their application, provided false or misleading information to the Minister.

• Marginal note:Revocation — informing responsible persons

  (2) Without delay after the revocation, the Minister must notify each responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, of the revocation, along with the reasons for it and an indication of the date of the revocation.

Marginal note:Revocation under law

118 The alternative rule as approved by the Minister is revoked as of the day on which the responsible person no longer is able to comply with provincial law by complying with the alternative rule in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility. Without delay after that day, the responsible person must notify the Minister in writing of that revocation, including an indication of the date of that day.

Marginal note:Rule after notification or revocation

119 The rule set out in a document that is incorporated by reference into these Regulations and referred to in subsection 112(1) that was replaced by an alternative rule, as approved by the Minister, applies in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility on

• (a) receipt by the Minister of the notice referred to in section 115;

• (b) the date of the revocation that is indicated in the notice described in subsection 117(2); or

• (c) the date of the revocation referred to in section 118.

Reporting, Providing, Recording and Retention of Information

Marginal note:Electronic provision

• 120 (1) A report, notice or information that is required to be provided, or an application that is made, to the Minister under these Regulations must be provided electronically in the form and format specified by the Minister and must bear the signature or electronic signature of an authorized official of the responsible person who provides it.

• Marginal note:Provision on paper

  (2) If the Minister has not specified an electronic form and format or if it is impractical to provide the report, notice, information or application in accordance with subsection (1) because of circumstances beyond the control of the responsible person, the report , notice, information or application must be provided on paper, signed by an authorized official of the responsible person, in the form and format specified by the Minister. However, if no form and format have been so specified, it may be in any form and format.

Marginal note:Record-making

• 121 (1) A record in respect of a boiler, heater, engine or cement manufacturing facility must, to the extent that it is not otherwise required under these Regulations, be made

  • (a) of every document and all information that supports the validity of any information provided to the Minister under these Regulations;

  • (b) of every measurement and calculation, along with supporting documents, that are used to determine a value of an element of a formula set out in these Regulations, as well as any information, including the methodology, that is used to determine one of those values;

  • (c) if a CEMS is used under these Regulations,

    • (i) of every document or information referred to in the CEMS Reference Method that

      • (A) relates to a demonstration or test made under these Regulations, or

      • (B) is required to be created or obtained under the CEMS Reference Method, and

    • (ii) of every measurement of a concentration and of flow that is used for every calculation necessary to determine an emission intensity, along with supporting documents;

  • (d) of documents that demonstrate that the installation, operation, maintenance and calibration of measuring devices was done in accordance with these Regulations; and

  • (e) of any other information that is relevant to demonstrating compliance with these Regulations in respect of the boiler, heater, engine or cement manufacturing facility.

• Marginal note:Records — deadline

  (2) Records required to be made under these Regulations must be made within 30 days after the day on which the information to be recorded becomes available.

• Marginal note:Five or ten years’ retention

  (3) A record or application that is made — or a copy of a report, notice or information that is provided — under these Regulations must be kept, along any supporting documents, after it is made or provided for

  • (a) at least five years if it relates to a boiler, heater, or an engine; and

  • (b) at least 10 years if it relates to a cement manufacturing facility.

• Marginal note:No retention

  (4) Despite subsection (3), any information that has been provided to the Minister by a responsible person for inclusion in the engine registry or in an online electronic reporting site that is established by the Minister does not need to be kept if the Minister has provided the responsible person with an acknowledgment of its receipt.

• Marginal note:Record location — Parts 1 and 3

  (5) The record or copy referred to in subsection (3) — other than one that relates to an engine — must be kept at the facility where the boiler or heater is located or at the cement manufacturing facility.

• Marginal note:Record location — Part 2

  (6) The record or the copy referred to in subsection (3) that relates to an engine must be kept at

  • (a) any place in Canada other than the facility where the engine is located, if that place is, when the engine is registered, indicated in the engine registry; and

  • (b) the facility where the engine is located, in any other case.

• Marginal note:Provision of records

  (7) On the Minister’s request, the record or copy referred to in subsections (5) and (6) must be provided to the Minister without delay.

Marginal note:Corrections

122 A responsible person must, without delay, inform the Minister of any errors contained in information that was provided to Minister under these Regulations and provide the Minister with the corrected information.

Marginal note:Notification of testing

• 123 (1) A responsible person for a boiler or heater who intends, by means of a stack test, to determine its NO_x emission intensity for the purpose of sections 33 to 38 or a responsible person for an engine who intends to conduct a performance test on it under clause 66(2)(a)(i)(B) or section 77 or 78 or an emissions check on it under section 79 must, on the Minister’s request, provide the Minister with the following information:

  • (a) the civic address of the place where the test or check is to be conducted or the determination or redetermination made or, if there is no civic address, its latitude and longitude;

  • (b) the date or dates on which it is to occur; and

  • (c) the name, telephone number and email address of a contact person who can provide the Minister with any updated information in relation to paragraphs (a) and (b).

• Marginal note:When information provided

  (2) The information must be provided

  • (a) at least 30 days before the test or check is conducted or the determination or redetermination is made, if that test, check, determination or redetermination is intended to be conducted or made more than 30 days after the receipt of the request; and

  • (b) without delay, in any other case.

Amendments to these Regulations

Coming into Force

Marginal note:Registration

• 148 (1) Subject to subsections (2) to (5), these Regulations come into force on the day on which they are registered.

• Marginal note:January 1, 2021

  (2) Section 135 comes into force on January 1, 2021.

• Marginal note:January 1, 2023

  (3) The following provisions come into force on January 1, 2023:

  • (a) subsection 125(1);

  • (b) section 128 ;

  • (c) subsection 129(2);

  • (d) subsection 130(1);

  • (e) subsection 131(1); and

  • (f) subsection 145(2).

• Marginal note:January 1, 2026

  (4) The following provisions come into force on January 1, 2026:

  • (a) subsection 126(1);

  • (b) subsection 129(1);

  • (c) subsection 130(2);

  • (d) sections 132 to 134;

  • (e) sections 136 to 144;

  • (f) subsection 145(1); and

  • (g) sections 146 and 147.

• Marginal note:January 1, 2036

  (5) The following provisions come into force on January 1, 2036:

  • (a) section 124;

  • (b) subsection 125(2);

  • (c) subsection 126(2);

  • (d) section 127;

  • (e) subsection 129(3);

  • (f) subsection 131(2); and

  • (g) subsection 145(3).