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

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.