Multi-Sector Air Pollutants Regulations

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.