Multi-Sector Air Pollutants Regulations

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.