Multi-Sector Air Pollutants Regulations

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.