Multi-Sector Air Pollutants Regulations

Multi-Sector Air Pollutants Regulations Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on June 7, 2014 a copy of the proposed Multi-Sector Air Pollutants Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2004, c. 15, s. 31 S.C. 1999, c. 33 Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act; S.C. 2015, c. 3, par. 172(d) And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsections 93(1) and 330(3.2)d of the Canadian Environmental Protection Act, 1999b, makes the annexed Multi-Sector Air Pollutants Regulations. S.C. 2008, c. 31, s. 5 Parts 1, 2 and 3 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: NOx from boilers and heaters in certain regulated facilities in various industrial sectors; NOx from stationary spark-ignition engines that combust gaseous fuels in certain regulated facilities in various industrial sectors; and NOx and SO2 from cement manufacturing facilities. Part 4 — General Part 4 sets out general rules related to the CEMS Reference Method that governs the use of a Continuous Emissions Monitoring System; alternative rules to those set out in documents incorporated by reference into these Regulations; and the reporting, providing, recording and retention of information. Definitions The following definitions apply in these Regulations. Act means the Canadian Environmental Protection Act, 1999. (Loi) 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 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 means a facility that is used or designed to produce aluminum from alumina; to produce prebaked anodes for use in the production of aluminum; or to calcinate petroleum coke for use in the production of aluminum. (aluminerie) 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, crude oil or bitumen; blends of crude oil, or bitumen, with other hydrocarbon compounds; or partially refined feedstock derived from crude oil or bitumen. (raffinerie d’asphalte) ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM) 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 means in respect of a responsible person who is an individual, that individual or another individual who is authorized to act on their behalf; in respect of a responsible person that is a corporation, an officer of the corporation who is authorized to act on its behalf; and 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 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: nickel; copper; zinc; lead; cobalt; and chromium. (installation de production de métaux communs) 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 means a facility that is used or designed to produce clinker. (cimenterie) CEMS Reference Method means the EC CEMS Code or the Alberta CEMS Code. (méthode de référence des SMECE) CFR means Title 40, Chapter I of the Code of Federal Regulations of the United States. (CFR) 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: adipic acid, esters of adipic acid, or amines of adipic acid; titanium dioxide; carbon black; butyl rubber; ethylene that is produced from refined petroleum, liquid hydrocarbons or natural gas; ethylene glycol; grain ethanol for use in industrial applications or as fuel; linear alpha olefins; ethylene-based polymers; methanol; iso-octane; hydrogen that is produced, primarily for sale, from steam reforming; linear alkyl benzene; terephthalic acid; paraxylene; styrene or polystyrene; sodium hydroxide; citric acid; nylon resins, fibres and filaments; and nitric acid. (installation de fabrication de produits chimiques) 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 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 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 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 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 means the method known as Method D: Determination of Moisture Content in Reference Method EPS 1/RM/8. (méthode D de l’EC) engine means an engine that when used, is stationary and is not in or on a machine that is self-propelled; operates under characteristics significantly similar to the theoretical Otto combustion cycle; and uses a spark plug or other sparking device. (moteur) EPA means the Environmental Protection Agency of the United States. (EPA) 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 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 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 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 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 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 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 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 means a fuel that is gaseous at a temperature of 15.6ºC and an absolute pressure of 101.325 kPa. (combustible gazeux) 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 vapour pressure of at least 35 kPa; an antiknock index of at least 80; a distillation temperature, at which 10% of the fuel evaporates, of at least 35°C and at most 70°C; and a distillation temperature, at which 50% of the fuel evaporates, of at least 60°C and at most 120°C. (essence) 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 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 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: metallurgical coke from coal; titanium slag or iron from iron- or titanium-bearing ores or from iron ore pellets; and steel from iron or scrap steel. (installation de production de fer, d’acier et d’ilménite) liquid petroleum product means naphtha; gasoline; aviation turbine fuel; kerosene; diesel fuel; light fuel oil; heavy fuel oil; naval distillate, bunker fuel or any other marine fuel; gas oil; lubricant basestock or petroleum-based lubricant; asphalt; or synthetic crude oil. (produit pétrolier liquide) nitrogen-based fertilizer facility means a facility that is used or designed to manufacture at least one of the following substances: anhydrous ammonia, or aqueous ammonia, produced from steam methane reforming; and urea. (installation de fabrication d’engrais à base d’azote) NOx means oxides of nitrogen, which is the sum of nitric oxide (NO) and nitrogen dioxide (NO2). (NOx) oil and gas facility means a facility, including an asphalt refinery or underground storage facility for gaseous fuel, that is used or designed to extract hydrocarbons from underground deposits or reservoirs other than by means of thermal methods or surface mining; to transport or process those hydrocarbons; to transport or treat wastewater or waste that is related to the extraction or processing of those hydrocarbons for its injection underground; or 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 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: the surface mining of crude oil- or bitumen-containing sand from geological deposits; the processing of that sand to separate crude oil or bitumen from that sand; the extraction of crude oil or bitumen from underground deposits or reservoirs by means of thermal methods; and 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 means a person who has the charge, management or control of a boiler, heater, engine or cement manufacturing facility. (exploitant) 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, partially refined feedstock derived from crude oil or bitumen. (raffinerie de pétrole) 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 means a facility that is used or designed to produce electricity for sale via the electric grid as its primary activity. (centrale électrique) ppmvd means parts per million, by volume on a dry basis. (ppmvs) pulp and paper facility means a facility that is used or designed to produce pulp from wood or from other plant material or paper products; or any product from pulp or a pulping process. (installation de production de pâte et papier) 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 means an owner or operator of a boiler or heater, an engine or a cement manufacturing facility. (personne responsable) SO2 means sulphur dioxide. (SO2) 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 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 means a calendar year. (année) Interpretation of documents incorporated by reference 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. EC CEMS Code The EC CEMS Code is to be read as set out in Schedule 1. Alberta CEMS Code The Alberta CEMS Code is to be read as set out in Schedule 2. EPA discretion 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. Inconsistency 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. Methods incorporated by reference Any method of the EPA, ASTM or GPA that is incorporated by reference into these Regulations is incorporated as amended from time to time. Who must comply 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. The following definitions apply in this Part and in Schedules 3 to 7. alternative gas means a gaseous fossil fuel other than natural gas. (gaz de remplacement) amendment day means the day on which the Regulations Amending the Multi-Sector Air Pollutants Regulations (Part 1 — Biomass) come into force. (date de modification) 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 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 means the method entitled Standard Practice for Analysis of Reformed Gas by Gas Chromatography, published by ASTM. (méthode ASTM D1946-90) biomass means a liquid or solid fuel that consists only of non-fossilized organic material that originates from plants or animals but does not come from a geological formation, including liquid and solid products or waste produced from that material; liquids and solids recovered from that material, including from organic waste; and sludge from wastewater treatment. (biomasse) biomass boiler means a boiler that can reach at least 50% of its rated capacity when it is in a steady state and at least 90% of the input energy in its combustion chamber results from the introduction of biomass; and in the case of a boiler that is commissioned or recommissioned on or after amendment day, a boiler that is linked to equipment that is capable of introducing a sufficient quantity of biomass as the input energy in its combustion chamber to allow it to meet the criteria set out in paragraph (a). (chaudière à biomasse) biomass heater means a heater that can reach at least 50% of its rated capacity when it is in a steady state and at least 90% of the input energy in its combustion chamber results from the introduction of biomass; and in the case of a heater that is commissioned or recommissioned on or after amendment day, a heater that is linked to equipment that is capable of introducing a sufficient quantity of biomass as the input energy in its combustion chamber to allow it to meet the criteria set out in paragraph (a). (four industriel à biomasse) 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 means a determination, by means of a CEMS in accordance with section 32, of the NOx emission intensity of a boiler or heater. (essai SMECE) 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, 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, 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, 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 means an oven that converts coal to coke through distillation. (four à coke) 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 means natural gas that is supplied by a commercial supplier. (gaz naturel de qualité commerciale) 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 means a heater that transforms a mixture of steam and hydrocarbons into hydrocarbon gases, notably ethylene. (craqueur d’éthylène) 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) GPA means the GPA Midstream Association, formerly known as the Gas Processors Association. (GPA) GPA 2261-25 means the method entitled Analysis for Natural Gas and Similar Gaseous Mixtures by Gas Chromatography, published by GPA. (méthode GPA 2261-25) GPA 2286-24 means the method entitled Method for the Extended Analysis of Natural Gas and Similar Gaseous Mixtures by Temperature Program Gas Chromatography, published by GPA. (méthode GPA 2286-24) 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, 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 means a gaseous fossil fuel that consists of at least 90% methane by volume. (gaz naturel) NOx emission intensity means the quantity of NOx emitted by a boiler or heater, expressed in grams of NOx 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 NOx) 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, assembling any prefabricated components; fixing it to its location; and making the connections necessary for its operation. (préfabriqué) 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 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 means in relation to a pre-existing boiler or heater, the lesser of the following, expressed in GJ/h, as specified on the nameplate affixed to the boiler or heater or, in the absence of such a nameplate, as set out in a document provided by the manufacturer: the maximum thermal energy — based on the higher heating value of the fuel combusted — that the boiler or heater was capable of producing in an hour on its commissioning date, and the maximum thermal energy — based on the higher heating value of the fuel combusted — that the boiler or heater is capable of producing in an hour; and in relation to any other boiler or heater, the maximum thermal energy — based on the higher heating value of the fuel combusted — that the boiler or heater is capable of producing in an hour, expressed in GJ/h, as specified on the nameplate affixed to the boiler or heater or, in the absence of such a nameplate, as set out in a document provided by the manufacturer. (capacité nominale) 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 major modification referred to in subsection 13(2); or a redesign referred to in paragraph 10(2)(b). (date de remise en service) reheat furnace means a heater in which steel is reheated for hot rolling into basic shapes. (four de réchauffage) stack test means a determination, in accordance with sections 27 to 31, of the NOx emission intensity of a boiler or heater. (essai en cheminée) 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 means an operating state that is other than start-up, shutdown or upset. (état stable) 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, 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 if the boiler or heater is packaged, three months after that day; and in any other case, 36 months after that day. (de transition) Rated capacity at least 10.5 GJ/h 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. Regulated facilities The following are the regulated facilities: oil and gas facilities; oil sands facilities; chemicals facilities; nitrogen-based fertilizer facilities; pulp and paper facilities; base metals facilities; potash facilities; alumina facilities and aluminum facilities; power plants; iron, steel and ilmenite facilities; iron ore pelletizing facilities; and cement manufacturing facilities. Excluded boilers and heaters Despite subsections (1) and (2), this Part does not apply in respect of the following types of boiler or heater: a heater that is used to dry, bake or calcinate materials, including a kiln as defined in section 101 and an anode-baking furnace; a heater that is used in any process to chemically transform ore or intermediate products into bulk metallic products; a coke oven battery; a heater or boiler that is designed to combust coke oven gas; a blast furnace stove; a heater or boiler that is designed to combust blast furnace gas; an ethylene cracker; a steam methane reformer; a reheat furnace; 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; a chemical recovery boiler; a biomass boiler or biomass heater; a heat-recovery steam generator; a boiler that combusts exhaust gases that arise from the partial combustion of coke in a vessel integrated with a fluid coking unit; and 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. Percentage of input energy For the purpose of paragraph (3)(l), the percentage of the input energy in a biomass boiler’s or biomass heater’s combustion chamber resulting from the introduction of biomass is to be determined, for a given hour while the boiler or heater is in a steady state, by the formula is the input energy resulting from the introduction of biomass for the given hour, determined by the formula is the quantity of the biomass combusted during the given hour, as measured by a flow meter on the input, expressed in kl for liquid biomass and in t for solid biomass, and is the higher heating value of the biomass combusted during the given hour, expressed in GJ/kl for liquid biomass and in GJ/t for solid biomass, being (a)the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or (b)the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1; the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1; is the input energy resulting from the introduction of commercial grade natural gas for the given hour, determined by the formula is the quantity of the commercial grade natural gas combusted during the given hour, as measured by a flow meter on the input, expressed in standard m3, and is the higher heating value of the commercial grade natural gas combusted during the given hour, expressed in GJ/standard m3, being (b)0.03793; 0.03793; is the input energy resulting from the introduction of gaseous fossil fuel, other than commercial grade natural gas, for the given hour, determined by the formula is the quantity of the gaseous fossil fuel, other than commercial grade natural gas, combusted during the given hour, as measured by a flow meter on the input, expressed in standard m3, and is the higher heating value of the gaseous fossil fuel, other than commercial grade natural gas, combusted during the given hour, expressed in GJ/standard m3, determined in accordance with any of the required HHV methods set out in section 22 that apply; is the input energy resulting from the introduction of a fuel other than biomass or gaseous fossil fuel during the given hour, determined by the formula is the quantity of the ith fuel, other than gaseous fossil fuel, combusted during the given hour, as measured by a flow meter on the input, expressed in standard m3 for gaseous fuels, in kl for liquid fuels and in t for solid fuels, is the higher heating value of the ith fuel, other than gaseous fossil fuel, combusted during the given hour, expressed in GJ/standard m3 for gaseous fuels, in GJ/kl for liquid fuels and in GJ/t for solid fuels, being (b)the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1, and the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1, and is the ith fuel, other than biomass or gaseous fossil fuel, combusted, where i goes from 1 to n and where n is the number of those fuels combusted; and is the input energy, expressed in GJ, that originates from a source other than the combustion of fuel in the boiler’s or heater’s combustion chamber during the given hour, determined in accordance with generally accepted engineering principles. Request for information A responsible person for a biomass boiler or biomass heater must, on the Minister’s request, provide to the Minister any of the following: information and supporting documents obtained from the manufacturer of the boiler or heater that demonstrates that it is a biomass boiler or biomass heater, as the case may be; or the results of a field test that was conducted for a period of at least one hour, by a person who is independent of all responsible persons for the boiler or heater and demonstrates that the boiler or heater is a biomass boiler or biomass heater, as the case may be, and that the percentage referred to in subsection (4) has been determined in accordance with that subsection, and is supported by documents in the possession of a responsible person for the boiler or heater that establish that the independent person referred to in subparagraph (i) is an engineer who is, under the laws of the province in which the biomass boiler or biomass heater is located, authorized to practise engineering in relation to combustion equipment, or has demonstrated knowledge of, and at least five years’ experience as the technical lead of projects that involved, the design of combustion equipment. Modern boilers Subject to section 10, the NOx 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. Thermal efficiency For the purpose of subsection (1), the thermal efficiency of a modern boiler for the given hour if there has been a determination made in accordance with section 18, is the result of the most recent such determination; and in any other case, is deemed to be less than 80%. Modern heaters Subject to section 10, the NOx 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. Preheated air 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 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 in any other case, is deemed to be 0°C. Determination of type of gaseous fossil fuel 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. Transitional boilers and heaters The NOx 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: 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 subject to section 10, 40 g/GJ, if the boiler or heater has a rated capacity greater than 105 GJ/h. Redesigned boilers and heaters — NOx emission intensity The NOx 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. Redesigned boilers and heaters A redesigned boiler or heater is one that on its commissioning date, was not designed to combust gaseous fossil fuel; and after the day on which these Regulations are registered, is redesigned to combust, on its recommissioning date, gaseous fossil fuel. Class 80 and class 70 The NOx 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 January 1, 2026, for a class 80 boiler or heater; and January 1, 2036, for a class 70 boiler or heater. Pre-existing boilers and heaters — classification A pre-existing boiler or heater is classified — in accordance with its classification NOx emission intensity determined in accordance with subsection 34(1) or redetermined under subsection 36(1) or 36.1(1) — as follows: class 80, if its classification NOx emission intensity is determined to be at least 80 g/GJ; class 70, if its classification NOx emission intensity is determined to be at least 70 g/GJ and less than 80 g/GJ; and class 40, in any other case. Before classification — deemed class 80 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 NOx emission intensity of 80 g/GJ. Major modifications — class 80 and class 70 Subject to section 14, the NOx 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. Major modifications A major modification is for a boiler or heater with a single burner or double burner, the replacement of a burner; 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; the addition of a burner; or the relocation of a boiler or heater. Exception — impossibility The NOx 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 NOx emission intensity, if before the major modification is carried out, a responsible person for the boiler or heater provides to the Minister 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, documents, provided to the responsible person by a person who is independent of them, that establish that the NOx emission intensity of the boiler or heater could not be at most 26 g/GJ when it operates under any circumstances that include the use of combustion modification techniques, and the conditions set out in subsection 27(2), 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 NOx 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 documents that establish that each of the independent persons referred to in subparagraphs (ii) and (iii) 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 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 after that recommissioning date, the NOx emission intensity of the boiler or heater is more than 26 g/GJ. Major modification before registration The NOx 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 NOx emission intensity, if 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 after the boiler’s or heater’s recommissioning date, the NOx emission intensity of the boiler or heater is more than 26 g/GJ. Combustion modification techniques For the purpose of this section, combustion modification techniques are techniques to reduce the formation of thermal NOx in the combustion chamber of a boiler or heater by modifying the combustion process. They include the use of low-NOx burners and of flue gas recirculation. Input energy from gaseous fossil fuel 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 is the input energy resulting from the introduction of a fuel other than gaseous fossil fuel during the given hour, determined by the formula is the quantity of the ith fuel other than gaseous fossil fuel combusted during the given hour as measured by a flow meter on the input, expressed in a given unit, is the higher heating value of the ith fuel other than gaseous fossil fuel combusted during the given hour, expressed in GJ/the given unit, being (b)the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1 of that table, and the default higher heating value set out in column 2 of the applicable table to Schedule 3 for the type of fuel set out in column 1 of that table, and is the ith fuel other than gaseous fossil fuel combusted, where i goes from 1 to n and where n is the number of those fuels combusted; and Percentage of methane 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 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; 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; 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 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. Gas introduced into combustion chamber The concentration of methane in the gaseous fossil fuel introduced into the combustion chamber is for commercial grade natural gas, either to be determined in accordance with ASTM D1945-03, ASTM D1946-90, GPA 2261-25 or GPA 2286-24 , or fixed as 95%; and for any other gaseous fossil fuel, to be determined in accordance with ASTM D1945-03, ASTM D1946-90, GPA 2261-25 or GPA 2286-24, whichever applies. Fixed HHV of commercial grade natural gas 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 HHVi in that paragraph. Modern boiler The thermal efficiency of a modern boiler, for a given day, must be determined by the formula is the percentage of loss of thermal efficiency due to the thermal energy contained in the boiler’s flue gas determined on a dry basis for an hour in the given day, determined in accordance with section 19; is the percentage of loss of thermal efficiency due to the thermal energy contained in the water in the boiler’s flue gas for an hour in the given day, determined in accordance with section 20;

is the percentage of loss of thermal efficiency due to radiation and to convection of the boiler’s surfaces for an hour in the given day, being (a)for a watertube boiler, the percentage of loss of thermal efficiency that is(i)set out in, as applicable, column 2, 3 or 4 of Schedule 4, if the boiler operates during that hour at, respectively, 100%, 80% or 60% of its rated capacity, for the rated capacity of the boiler set out in column 1 of that Schedule and for that percentage , or(ii)interpolated on a linear basis from(A)the rated capacity of the boiler within the applicable range of rated capacities as between two consecutive rows of rated capacities set out in column 1 of Schedule 4, and(B)the percentage of loss of thermal efficiency at which the boiler operates during that hour as set out in(I)the range between the percentages set out in columns 2 and 3 of Schedule 4, if it operates between 100% and 80% of its rated capacity, or(II)the range between percentages set out in columns 3 and 4 of that Schedule, if it operates between 80% and 60% of its rated capacity, for a watertube boiler, the percentage of loss of thermal efficiency that is (i)set out in, as applicable, column 2, 3 or 4 of Schedule 4, if the boiler operates during that hour at, respectively, 100%, 80% or 60% of its rated capacity, for the rated capacity of the boiler set out in column 1 of that Schedule and for that percentage , or set out in, as applicable, column 2, 3 or 4 of Schedule 4, if the boiler operates during that hour at, respectively, 100%, 80% or 60% of its rated capacity, for the rated capacity of the boiler set out in column 1 of that Schedule and for that percentage , or (ii)interpolated on a linear basis from(A)the rated capacity of the boiler within the applicable range of rated capacities as between two consecutive rows of rated capacities set out in column 1 of Schedule 4, and(B)the percentage of loss of thermal efficiency at which the boiler operates during that hour as set out in(I)the range between the percentages set out in columns 2 and 3 of Schedule 4, if it operates between 100% and 80% of its rated capacity, or(II)the range between percentages set out in columns 3 and 4 of that Schedule, if it operates between 80% and 60% of its rated capacity, interpolated on a linear basis from (A)the rated capacity of the boiler within the applicable range of rated capacities as between two consecutive rows of rated capacities set out in column 1 of Schedule 4, and the rated capacity of the boiler within the applicable range of rated capacities as between two consecutive rows of rated capacities set out in column 1 of Schedule 4, and (B)the percentage of loss of thermal efficiency at which the boiler operates during that hour as set out in(I)the range between the percentages set out in columns 2 and 3 of Schedule 4, if it operates between 100% and 80% of its rated capacity, or(II)the range between percentages set out in columns 3 and 4 of that Schedule, if it operates between 80% and 60% of its rated capacity, the percentage of loss of thermal efficiency at which the boiler operates during that hour as set out in (I)the range between the percentages set out in columns 2 and 3 of Schedule 4, if it operates between 100% and 80% of its rated capacity, or the range between the percentages set out in columns 2 and 3 of Schedule 4, if it operates between 100% and 80% of its rated capacity, or (II)the range between percentages set out in columns 3 and 4 of that Schedule, if it operates between 80% and 60% of its rated capacity, the range between percentages set out in columns 3 and 4 of that Schedule, if it operates between 80% and 60% of its rated capacity, (b)for a firetube boiler, 0.5%, and for a firetube boiler, 0.5%, and (c)in any other case, 1%; and in any other case, 1%; and is the percentage of loss of thermal efficiency due to other sources, which is deemed to be 0.1%. Determination of Ldfg Ldfg referred to in section 18 must be determined for an hour in the given day by the formula is the average temperature, expressed in °C, of the flue gas, as measured in the stack, during that hour; is the average temperature , expressed in °C, of the air introduced into the combustion chamber during that hour; is the higher heating value of the fuel combusted during that hour, expressed on a mass basis in kJ/kg, being (a)for commercial grade natural gas,(i)the higher heating value, determined in accordance with any of the required HHV methods set out in section 22 that apply, or(ii)51 800 kJ/kg, and for commercial grade natural gas, (i)the higher heating value, determined in accordance with any of the required HHV methods set out in section 22 that apply, or the higher heating value, determined in accordance with any of the required HHV methods set out in section 22 that apply, or (ii)51 800 kJ/kg, and 51 800 kJ/kg, and (b)in any other case, the weighted average of the higher heating value of each fuel combusted during that hour, expressed on a mass basis in kJ/kg, determined in accordance with any of the required HHV methods set out in section 22 that apply; and in any other case, the weighted average of the higher heating value of each fuel combusted during that hour, expressed on a mass basis in kJ/kg, determined in accordance with any of the required HHV methods set out in section 22 that apply; and is the average ratio of the mass of the flue gas to the mass of the fuel combusted, expressed in kg/kg, during that hour, determined by the formula is the percentage of oxygen, determined by volume on a dry basis, in the flue gas, determined in accordance with EPA Method 3A or ASTM D6522-11, is the ratio of the stoichiometric mass of the flue gas to the mass of the fuel combusted, expressed in kg/kg, being (a)for commercial grade natural gas,(i)the ratio determined in accordance with paragraph (b), or(ii)15.3 kg/kg, and (i)the ratio determined in accordance with paragraph (b), or the ratio determined in accordance with paragraph (b), or (ii)15.3 kg/kg, and 15.3 kg/kg, and (b)in any other case, the ratio determined by the formula:12.492C + 26.296H + N + 5.305S – 3.313Owhere the concentration of each of the following constituents of the fuel combusted is determined in accordance with subsections 23(1) and (2) andCis the concentration of carbon in the fuel combusted, expressed in kg of carbon per kg of that fuel,His the concentration of hydrogen in the fuel combusted, expressed in kg of hydrogen per kg of that fuel,Nis the concentration of nitrogen in the fuel combusted, expressed in kg of nitrogen per kg of that fuel,Sis the concentration of sulphur in the fuel combusted, expressed in kg of sulphur per kg of that fuel, andOis the concentration of oxygen in the fuel combusted, expressed in kg of oxygen per kg of that fuel. in any other case, the ratio determined by the formula: is the concentration of carbon in the fuel combusted, expressed in kg of carbon per kg of that fuel, is the concentration of hydrogen in the fuel combusted, expressed in kg of hydrogen per kg of that fuel, is the concentration of nitrogen in the fuel combusted, expressed in kg of nitrogen per kg of that fuel, is the concentration of sulphur in the fuel combusted, expressed in kg of sulphur per kg of that fuel, and is the concentration of oxygen in the fuel combusted, expressed in kg of oxygen per kg of that fuel. Determination of Lw Lw referred to in section 18 must be determined for an hour of the given day by the formula is the concentration of hydrogen in the fuel combusted during that hour, expressed in kg of hydrogen per kg of that fuel, being (a)for commercial grade natural gas,(i)a weighted average calculated on the basis of the concentration — expressed in kg/kg — of each of the constituents of the commercial grade natural gas, as determined in accordance with ASTM D1945-03, ASTM D1946-90, GPA 2261-25 or GPA 2286-24, or(ii)0.237 kg/kg, and (i)a weighted average calculated on the basis of the concentration — expressed in kg/kg — of each of the constituents of the commercial grade natural gas, as determined in accordance with ASTM D1945-03, ASTM D1946-90, GPA 2261-25 or GPA 2286-24, or a weighted average calculated on the basis of the concentration — expressed in kg/kg — of each of the constituents of the commercial grade natural gas, as determined in accordance with ASTM D1945-03, ASTM D1946-90, GPA 2261-25 or GPA 2286-24, or (ii)0.237 kg/kg, and 0.237 kg/kg, and (b)in any other case, the concentration determined in accordance with subsections 23(1) and (2); in any other case, the concentration determined in accordance with subsections 23(1) and (2); is the average temperature, expressed in °C, of the flue gas, as measured in the stack during that hour; is the average temperature, expressed in °C, of the air introduced into the combustion chamber during that hour; and (a)for commercial grade natural gas,(i)the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or(ii)51 800 kJ/kg, and (i)the higher heating value determined in accordance with any of the required HHV methods set out in section 22 that apply, or (b)in any other case, the weighted average of the higher heating value of each fuel introduced into the combustion chamber, expressed on a mass basis in kJ/kg, determined in accordance with any of the required HHV methods set out in section 22 that apply; in any other case, the weighted average of the higher heating value of each fuel introduced into the combustion chamber, expressed on a mass basis in kJ/kg, determined in accordance with any of the required HHV methods set out in section 22 that apply; Commercial grade natural gas — determined or fixed The value for commercial grade natural gas for HHVm in sections 19 and 20, for Ms in section 19 and for H in section 20 must all be either determined 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, for HHVm, in accordance with subparagraph (a)(i) of HHVm, and for Ms, by the formula set out in paragraph (b) of Ms; or fixed as the applicable ratio referred to, respectively, in H, HHVm and Ms. Required HHV methods The required HHV methods are for gaseous fuels, as applicable, 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, the ASTM D3588-98 method entitled Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, published by ASTM, 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 the method GPA Standard 2172-25 entitled Calculation of Gross Heating Value, Relative Density, Compressibility and Theoretical Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody Transfer, published by GPAn; for liquid fuels, as applicable, the ASTM D240-09 method entitled Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, published by ASTM, and 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 for solid fuels, as applicable, the ASTM D5865-12 method entitled Standard Test Method for Gross Calorific Value of Coal and Coke, published by ASTM, and the ASTM D5468-02 method entitled Standard Test Method for Gross Calorific and Ash Value of Waste Materials, published by ASTM. Constituents of fuel 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). Required concentration standards and calculation methods The concentration of the constituents of fuel must be determined for gaseous fuels, in accordance with, as applicable, ASTM D1945-03, ASTM D1946-90, GPA 2261-25, and GPA 2286-24; for liquid fuels, 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, 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 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 for solid fuel that is coal or coke, 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, 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 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 is derived from waste, 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, 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 , 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 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. Difference of temperature — preheated air 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 is the average temperature, expressed in °C, of the heater’s preheated air introduced into the combustion chamber during the given hour, as measured at the point of introduction to the combustion chamber; and is the average temperature, expressed in °C, of the ambient air introduced into the preheater during the given hour, as measured at the point of introduction to the air preheater. Conditions The NOx emission intensity of a boiler or heater must be determined by means of a stack test or a CEMS test, if the boiler’s or heater’s rated capacity is at most 262.5 GJ/h, or the boiler’s or heater’s rated capacity is more than 262.5 GJ/h and its NOx emission intensity was less than 80% of the NOx 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 its initial test conducted under section 33, and each of the first two compliance tests conducted under subparagraph 38(2)(c)(i); and subject to subsections 26(1) and paragraphs 33(2)(a) and 38(2)(a), a CEMS test in any other case. Identification — exception to paragraph 25(b) The NOx 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 is not equipped with a CEMS; and has been identified under subsection (5) with another boiler or heater whose NOx emission intensity is determined for that given hour by means of a CEMS test as a rolling hourly average. Greater of stack test and CEMS test The NOx emission intensity of a boiler or heater referred to in paragraph (1)(a) for each hour is the greater of the result of a stack test that is applicable to that hour, and 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). Identification 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: they have the same manufacturer; they have the same rated capacity; they are designed to have the same NOx emission intensity; they have the same equipment to preheat air, if any; they combust fuel from a common source; they are juxtaposed; and they are both class 80, both class 70, both transitional or modern, or one is transitional and the other is modern, or both redesigned within the meaning of paragraph 10(2)(b). When identification made The identification is made as of for class 80 boilers or heaters that underwent a major modification, the recommissioning date of the boiler or heater referred to in paragraph (1)(a); for class 70 boilers or heaters, the earlier of the recommissioning date of the boiler or heater referred to in paragraph (1)(a), if it underwent a major modification, and January 1, 2036; for transitional or modern boilers or heaters, the commissioning date of the boiler or heater referred to in paragraph (1)(a); and for redesigned boilers or heaters referred to in section 10, the recommissioning date of the boiler or heater referred to in paragraph (1)(a). Identification by recording The identification is made on the recording of the following information: the name of the manufacturer — along with the serial number, make and model — of the boiler or heater referred to in paragraph (1)(a); 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); documentation that establishes that those boilers or heaters meet the conditions set out in paragraphs (3)(b) to (g); 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 the date of the recording. At most four identifications 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). Common stack A stack test or CEMS test at a common stack may be used to determine the NOx emission intensity for all of the boilers and heaters that share the common stack and are operating during the test. Determination of intensity — only boilers or heaters For the purposes of sections 34 and 36, if the only devices that share a common stack and are operating during a stack test or CEMS test are boilers or heaters, the result of that test applies when determining the NOx emission intensity of each of those boilers or heaters. Determination of intensity — presence of other devices For the purposes of sections 34 and 36, if a boiler or heater shares a common stack with a device to which this Part does not apply and that is operating during the test, the NOx emission intensity of that boiler or heater is determined by the formula is the energy, expressed in GJ, of the fuel combusted during the test by the rth boiler or heater; is the NOx emission intensity measured during the test, expressed in g/GJ; is the energy, expressed in GJ, of the fuel combusted during the test by the uth device; is the manufacturer’s guaranteed NOx emission intensity value, expressed in g/GJ for the uth device or, if the manufacturer has not provided such a guarantee, 26 g/GJ; is the rth boiler or heater to which this Part applies that is operating at the common stack during the test, where r goes from 1 to n and n is the number of boilers or heaters that meet those criteria; and is the uth device to which this Part does not apply that is operating at the common stack during the test, where u goes from 1 to n and n is the number of devices that meet those criteria. Reference period For greater certainty, if subsection (2) or (3) applies with respect to section 34, the stack test or CEMS test must have been conducted during the reference period described in subsection 34(1). Initial test or compliance test For the purposes of sections 33 and 38, the NOx emission intensity of a boiler or heater that shares a common stack with any other device is deemed not to exceed the applicable limit set out in section 6, 7, 9 to 11, 13 or 14 if the NOx emission intensity of the common stack does not exceed the limit that is determined by the formula is the energy, expressed in GJ, of the fuel combusted during the test by the jth boiler or heater; is the NOx emission intensity limit, expressed in g/GJ, that applies to the jth boiler or heater; is the energy, expressed in GJ, of the fuel combusted during the test by the kth boiler or heater; is the classification NOx emission intensity, expressed in g/GJ, of the kth boiler or heater; is the jth boiler or heater to which this Part applies that is operating at the common stack during the test and that is required under this Part to meet a NOx emission intensity limit, where j goes from 1 to n and n is the number of boilers or heaters that meet those criteria; is the kth boiler or heater to which this Part applies that is operating at the common stack during the test but that is not required under this Part to meet a NOx emission intensity limit, where k goes from 1 to n and n is the number of boilers or heaters that meet those criteria; and Redetermination after triggering event When a triggering event described in subsection 37(3) occurs with respect to a boiler or heater that shares a common stack with any other device, the NOx emission intensity of the boiler or heater is determined by the formula is the energy, expressed in GJ, of the fuel combusted during the test by the tth boiler or heater; is the energy, expressed in GJ, of the fuel combusted during the test by the xth boiler or heater; is the manufacturer’s guaranteed NOx emission intensity value, expressed in g/GJ, for the uth device or, if the manufacturer has not provided such a guarantee, 26 g/GJ; is the classification NOx emission intensity, expressed in g/GJ, of the xth boiler or heater; is the tth boiler or heater to which this Part applies that underwent a triggering event and is, during the test, operating at the common stack, where t goes from 1 to n and n is the number of boilers or heaters that meet those criteria; is the uth device to which this Part does not apply that is operating at the common stack during the test, where u goes from 1 to n and n is the number of devices that meet those criteria; and is the xth boiler or heater to which this Part applies that did not undergo a triggering event and that is operating at the common stack during the test, where x goes from 1 to n and n is the number of boilers or heaters that meet those criteria. A responsible person for a boiler or heater who determines a NOx emission intensity in accordance with subsection (3), (5) or (6) must, on the Minister’s request, provide to the Minister any supporting data used to make that determination. Three test runs 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 NOx emission intensity. Exception However, if conducting a test run that lasts 30 minutes would not be both safe and technically feasible without risking damage to equipment, each test run must last as long as is safe and technically feasible without risking damage to equipment. Operating conditions for test runs The test runs must be conducted while the boiler or heater meets the following conditions: it is operating with at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel; it is operating at at least 60% of its rated capacity or, if such operation would not be both safe and technically feasible without risking damage to equipment, at the highest percentage of its rated capacity that is safe and technically feasible without risking damage to equipment; it is operating at a steady state; it is operating with preheated air, if it is equipped to preheat air; and the same type of gaseous fossil fuel — natural gas or alternative gas — is introduced into its combustion chamber. Concentrations of NOx and O2 For each test run, the measurements of the concentration of NOx, 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 the following EPA methods: [Repealed, SOR/2025-229, s. 10] for the concentration of NOx, EPA Method 7E, and for the concentration of O2, EPA Method 3A; or ASTM D6522-11 and, for the location of the sampling port and its traverse points, EPA Method 1 or EPA Method 1A, as applicable. Exception — EC Method A 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. Determination of NOx emission intensity Based on the concentrations of NOx and O2 as measured in accordance with section 28, the NOx emission intensity, expressed in g/GJ, of the boiler or heater must be determined for each test run by means of the appropriate calculation of emissions by F-factors set out in Appendix A to the EC CEMS Code; or by the formula is the concentration of NOx , 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, 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 , 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 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 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 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 Fi, and 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 Fi, and is the ith fuel combusted, where i goes from 1 to n and n is the number of fuels combusted. NOx emission intensity — average The NOx 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 NOx emission intensity. NOx emission intensity — deemed hours The average referred to in section 30 is deemed to be the NOx emission intensity of the boiler or heater for every hour of the day on which the third test run is conducted; and for every subsequent hour until its NOx emission intensity is determined based on another stack test or a CEMS test, if, for each of those subsequent hours, the same type of gaseous fossil fuel — natural gas or alternative gas — is introduced into its combustion chamber, for a modern boiler, the thermal efficiency of the boiler is in the same range, namely, < 80%, ≥ 80% and ≤ 90%, or > 90%, or for a modern heater, the difference between the temperature, expressed in °C, of its preheated air and the ambient air is in the case that no preheated air is introduced into the combustion chamber, 0, and in the case that the heater is equipped to preheat air, in the same range, namely, for a heater that combusts natural gas, > 0 and ≤ 150, or > 150, and for a heater that combusts alternative gas, > 0 and ≤ 155, or > 155. Rolling hourly average Subject to subsection (3), the NOx 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: if the averaging period consists of at least 720 hours and 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 NOx emission intensity for that hour and for each of the preceding 719 hours, or 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 NOx emission intensity for that 720th hour and for each of the preceding 719 hours; and if the averaging period consists of less than 720 hours, the rolling hourly average for that given hour is the average of the hourly NOx emission intensity for the averaging period. Averaging period 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. Modern — new averaging period 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. Reference period — new averaging period 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 NOx emission intensity, a compliance test or a change report in respect of a change referred to in paragraph 43(1)(e) or (f). Hourly NOx emission intensity The hourly NOx emission intensity for a given hour is the average over the hour of the NOx emission intensities of the boiler or heater, determined in accordance with Section 3.4.1 of the EC CEMS Code; or Section 2.5.1 of the Alberta CEMS Code. Initial test During the reference period described in subsections (3) and (4), an initial test must be conducted to determine the NOx 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. Stack test or CEMS test The boiler’s or heater’s NOx emission intensity for the initial test must be determined 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 the greatest NOx emission intensity that was determined by those stack tests, and the greatest of the rolling hourly averages that were determined in respect of that averaging period; and in any other case, by means of 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 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. Beginning of reference period The reference period begins on 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; 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; 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 January 1, 2026, for a class 80 boiler or heater, and January 1, 2036, for a class 70 boiler or heater; 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; 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 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. End of reference period The reference period ends on the earlier of the day that is six months after the day determined in accordance with subsection (3), and May 25 of the year that follows the year during which that reference period begins. Periods for stack test determinations 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: if a boiler or heater combusting natural gas begins to combust alternative gas with a methane content of less than 85% by volume during the reference period, a period during which natural gas is combusted, and a period during which that alternative gas is combusted; if a stack test or CEMS test indicates that, while combusting alternative gas, a modern boiler or heater has a NOx emission intensity that exceeds the applicable limit for natural gas set out in section 6 or 7 and the boiler or heater begins to combust natural gas during the reference period, a period during which alternative gas is combusted, and a period during which natural gas is combusted; in the case of a modern heater, if equipment to preheat air is installed or removed during the reference period, a period during which that equipment is operating, and a period during which there is no preheated air; and 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. Determination of type of fuel 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. Classification NOx emission intensity — on registration The classification NOx 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 by means of a stack test, or 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 by means of a record made of the assignment of the following classification NOx emission intensity to the boiler or heater in question: a NOx 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, on the boiler or heater in question, if since that determination none of the burners of that boiler or heater has been replaced, no burner has been added to that boiler or heater, and that boiler or heater has not been relocated, or on the boiler or heater in question or another boiler or heater, if that determination is at least 70 g/GJ, 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 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, 40 g/GJ, if a responsible person for the boiler or heater in question has a record of information that establishes that there is no equipment installed that allows for a stack test or CEMS test to be conducted on it, and that boiler or heater is designed to have a NOx emission intensity of less than 40 g/GJ if its NOx 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), 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and it has been identified under subsection (3) with another boiler or heater, and the classification NOx 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, 40 g/GJ, if the boiler or heater in question has been identified under subsection (3) with another boiler or heater, and the classification NOx 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, it shares a common stack with at most four other boiler or heaters, it has been identified under subsection (3) with each of those other boilers or heaters, and the NOx emission intensity at the common stack is, in respect of that reference period, determined to be less than 40 g/GJ 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 by means of a CEMS test, or 80 g/GJ, if a responsible person for the boiler or heater in question elects to assign that classification NOx emission intensity to it. A boiler or heater for which a record is to be made of the assignment of its classification NOx 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: they combust fuel from a common source; and they are juxtaposed. 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 NOx emission intensity in accordance with subparagraph (1)(b)(iii), (iv) or (v); 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; 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); 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 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). [Repealed, SOR/2016-151, s. 128] Redetermination after election under subparagraph 34(1)(b)(vi) The classification NOx emission intensity of a boiler or heater for which an election under subparagraph 34(1)(b)(vi) is made to have a classification NOx emission intensity of 80 g/GJ assigned to it may, until December 31, 2025, be redetermined during a reference period described in subsection (3). The redetermination must be made by means of a stack test; or 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. The reference period for the redetermination begins on June 17, 2016 and ends on the day that is chosen by a responsible person for the boiler or heater. Redetermination — NOx emission intensity The classification NOx emission intensity that is redetermined under subsections (1) to (3) replaces the classification NOx emission intensity of 80 g/GJ assigned as a result of the election made under subparagraph 34(1)(b)(vi). Redetermination — record of information The classification NOx emission intensity of a boiler or heater may, after December 31, 2025, be redetermined to be 40 g/GJ if a responsible person for the boiler or heater has a record of information that establishes that it is designed to have a NOx emission intensity of less than 40 g/GJ if its NOx 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). Application — boiler or heater not in use This section applies only in respect of a boiler or heater for which a responsible person has a record of information that establishes that the boiler or heater did not produce thermal energy during the period beginning on June 17, 2016 and ending June 16, 2017; and the period beginning on March 8, 2025 and ending December 31, 2025. Redetermination after triggering event — class 40 Subject to subsection (6), the classification NOx emission intensity of a class 40 boiler or heater must be redetermined after the occurrence of a triggering event that occurs on or before December 31, 2035. Replacement The redetermination under subsection (1) replaces the most recent classification NOx emission intensity for the boiler or heater redetermined under subsection 36(1) or 36.1(1) only if it is greater than that most recent classification NOx emission intensity. Triggering event There are two kinds of triggering event, namely, a change in the type of gaseous fossil fuel that is combusted by a boiler or heater, from natural gas to alternative gas with a methane content that is less than 85% by volume; and the installation of equipment to preheat air on a boiler or heater that combusts gaseous fossil fuel. Redetermination 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 for a triggering event described in paragraph (3)(a), combusting alternative gas; and for a triggering event described in paragraph (3)(b), operating with preheated air. The reference period begins on the day on which the triggering event occurs and ends on the earlier of the day that is six months after that day, and December 31, 2035. Only one redetermination 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. Compliance tests — stack or CEMS test During a reference period referred to in subsection (4), a compliance test must be conducted to determine the NOx emission intensity of a boiler or heater that has a rated capacity of greater than 105 GJ/h if an initial test has been conducted on it under section 33; and for any hour during the reference period, the NOx 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. The NOx emission intensity for the compliance test must be determined for a boiler or heater that meets the conditions set out in paragraphs 26(1)(a) and (b), by means of both 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 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; for a boiler or heater referred to in paragraph 25(b), by means of a CEMS test; and in any other case, by means of either 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 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. Stack and CEMS tests — first compliance test Despite paragraph (2)(b), if the NOx 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 NOx 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 NOx emission intensity in respect of the reference period for the first compliance test conducted under this section must be determined by means of 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 a CEMS test conducted in the period of that reference period that begins on the day after that first day. The reference period is 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 for every subsequent compliance test, the year that includes the hour referred to in subsection (1). 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: if during the reference period there is a change in the type of gaseous fossil fuel that is combusted by a boiler or heater from natural gas to combust alternative gas with a methane content of less than 85% by volume if a stack test or CEMS test indicates that, while it is combusting alternative gas, a modern boiler or heater has a NOx emission intensity that exceeds the applicable limit for natural gas set out in section 6 or 7 and the boiler or heater begins to combust natural gas during the reference period, 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. Specifications A boiler or heater must be operated and maintained in accordance with the specifications set out by its manufacturer or required by its design.

Initial report 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. [Repealed, SOR/2016-151, s. 130] Compliance report 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: for the first compliance report, the reference period for the first compliance test referred to in paragraph 38(4)(a); and for every subsequent compliance report, for a boiler or heater whose NOx 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, that year, if the boiler’s or heater’s NOx 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, the period of three consecutive years that includes that year, if the boiler’s or heater’s NOx 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 NOx emission intensity limit applicable to the boiler or heater for that reference period, the period of five consecutive years that includes that year, if the boiler’s or heater’s NOx 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 NOx emission intensity limit applicable to the boiler or heater for that reference period, and that year, if the boiler’s or heater’s NOx 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 for a boiler or heater whose NOx 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. June 1 The compliance report must be provided by the June 1 following the end of the reporting period. Change report 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: 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; 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; 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; 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; for a boiler or heater in respect of which a report was provided on the basis that it was not a type of boiler or heater referred to in subsection 5(3) and that, on or after amendment day, is of a type referred to in subsection 5(3), an indication as to which one of paragraphs 5(3)(a) to (o) applies to the boiler or heater, along with an indication of the facility where it is located, including the civic address of the facility or, if there is no civic address, the facility’s latitude and longitude and the boiler’s or heater’s identifier within the facility, if any, within the period that ends six months after amendment day or the day on which the boiler or heater undergoes a change such that it is of a type referred to in subsection 5(3), whichever is later; 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 NOx 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, if the determination was made by means of a stack test, the information referred to in subparagraphs 3(k)(i) to (vi) of Schedule 6, and if the determination was made by means of a CEMS test, the information referred to in subparagraphs 3(l)(i), (ii) and (iv) of Schedule 6; 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 NOx 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 , 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 (vi) of Schedule 6, and if the determination was made by means of a CEMS test, the information referred to in paragraph 3(j) and subparagraphs 3(l)(i), (ii) and (iv) of Schedule 6; and for a change in the class of a boiler or heater that results from a redetermination of its classification NOx emission intensity under subsection 36(1) or 36.1(1), the information referred to in section 1 or 2, paragraph 3(e) or any of sections 4 to 9 of Schedule 5, within the period that ends six months after the date on which that redetermination is made. 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. Subsequent change of gaseous fossil fuel 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. Subsequent change after other change 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 NOx 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. Record-making Records in respect of a boiler or heater that contain the following information and documents must be made: 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; a description, including the relevant dates, of any modifications that are made to the design or characteristics of the boiler and heater, including a redesign referred to in subsection 10(2), a major modification referred to in subsection 13(2), for a heater, the addition or removal of equipment to preheat air, the refurbishment of a burner, and a modification that results in a change in its thermal efficiency; 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: if the value determined for each of Eo and Eh is zero, information that establishes that the boiler or heater combusted only gaseous fossil fuel, and in any other case, information necessary to determine the value of each of Ecng, Egff, Eo and Eh in that formula; 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; for any test run under section 27 that lasted less than 30 minutes, its duration and the reason why it would not have been both safe and technically feasible without risking damage to equipment if it had lasted longer; and for any test run under section 27 in which the boiler or heater operated at less than 60% of its rated capacity, the percentage of its rated capacity at which the boiler or heater operated and the reason why the test run would not have been both safe and technically feasible without risking damage to equipment if it had been conducted at a greater percentage of its rated capacity. The following definitions apply in this Part and in Schedules 8 to 10. 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 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 means a situation during which an engine is operated to produce electricity as an alternative source of electrical power when no source that is normally used is available; or to pump water in the event of a fire or flood. (urgence) emissions check means a determination in accordance with sections 80 to 84 and 86 to 89 of the concentration of NOx in the exhaust gas of an engine. (vérification des émissions) engine registry means the engine registry established under section 97. (registre des moteurs) 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 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 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 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 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 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 describes an engine other than a rich-burn engine. (à mélange pauvre) low-use describes an engine that is referred to in section 50 as being low-use. (à faible utilisation) modern describes an engine that is referred to in subsection 46(3). (moderne) NOx emission intensity means the quantity of NOx emitted in the exhaust gas of an engine as represented by the concentration of NOx in the exhaust gas, expressed in ppmvd15%; or the mass of NOx in the exhaust gas per unit of mechanical energy or electrical energy produced, expressed in g/kWh. (intensité d’émission de NOx) performance test means a determination, in accordance with sections 70 to 75, of the NOx emission intensity of an engine. (essai de rendement) ppmvd15% means parts per million, by volume on a dry basis and corrected to 15% oxygen. (ppmvs15%) pre-existing describes an engine that is referred to in subsection 46(2). (préexistant) 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 describes an engine referred to in section 50 as being regular-use. (à utilisation régulière) 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 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 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 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[Repealed, SOR/2016-151, s. 132] 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) Pre-existing and modern engines This Part applies in respect of a pre-existing or modern engine, located in a regulated facility, that combusts gaseous fuel. Pre-existing engines 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: the date of its manufacture as provided by its manufacturer; and 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. Modern engines An engine is modern if it is not pre-existing. Regulated facilities — modern engines The following are the regulated facilities in respect of modern engines: petroleum refineries; Regulated facilities — pre-existing engines Oil and gas facilities, other than asphalt refineries, are the regulated facilities in respect of pre-existing engines. Non-application — low revenue and power 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: there is only one responsible person for the engine; 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; the total rated brake power of the responsible person’s pre-existing engines is at most 1 MW; and the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry. Extension 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, the conditions set out in paragraphs (1)(a) to (c) are met; and Meaning of gross revenue In paragraph (1)(b) and Schedule 8, gross revenue has the same meaning as in section 248 of the Income Tax Act. Meaning of affiliates In paragraph (1)(b) and Schedule 8, affiliates has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. Non-application — new owners 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 that date occurs after March 31, 2020; and before that date, the pre-existing engine has never been equipped with an emission control system that ensures that its NOx emission intensity is at most 525 ppmvd15% or 10 g/kWh. End of period of non-application 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: the engine is equipped with an emission control systems referred to in paragraph (1)(b); the owner assigns a NOx emission value of at most 525 ppmvd15% or 10 g/kWh to the engine, in the case that they are subject to a limit referred to in section 60; and the owner registers the engine in the engine registry in accordance with subsection 97(3) or (4). No period of non-application 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. Synthetic gas and still gas Sections 54, 55, 57, 58 and 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. Regular-use engines 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. Low-use engines — election 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 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 a year subsequent to the year in which the notice is provided. Obligations under an election An engine for which an election is in effect must 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 by the day on which the notice is provided, if the election takes effect in the year in which the notice is provided, and by January 1 of the year as of which the election is to take effect, in any other case; 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; 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 the day on which the notice is provided, if the election takes effect in the year in which the notice is provided, every subsequent January 1, and the day on which the election ceases to be in effect; 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 data, taken every five minutes, that is used to determine the number of hours that the engine has operated, the dates on which that data was taken, and 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 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). Election ceases to be in effect An election ceases to be in effect if the engine does not meet one of the requirements set out in paragraphs (2)(a) to (e); or a responsible person for the engine provides the Minister with a notice to that effect for inclusion in the engine registry. Re-election 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. Designation as rich-burn engine An engine that is designated by its manufacturer as being a rich-burn engine is presumed to be a rich-burn engine. Rebuttal — lean-burn engine 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. Applicable units — NOx emission intensity limit The applicable NOx emission intensity limit for an engine referred to in section 54, 57 or 58 is the limit that is expressed in the same units, ppmvd15% or g/kWh, that were used to determine the NOx emission intensity of the engine for the most recent performance test conducted under section 77 or 78; or ppmvd15%, 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. Regular-use — limit The NOx 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 ppmvd15% or 2.7 g/kWh, whichever applies. Low-use — limit The NOx 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 ppmvd15%. Establishment 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. One group A responsible person may have at most one group. Designation date An engine is designated as belonging to a responsible person’s group as of 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: that date, the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier, the date on which the record was made, and an indication that the engine belongs to the group; and in any other case, the date on which the responsible person makes a record that contains the following information: the engine’s serial number — or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , an indication that the engine belongs to the group. Ceasing to belong An engine that belongs to a responsible person’s group ceases to belong to the group if the engine ceases to be a regular-use engine; or 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. Deemed not belonging to any group An engine that has been designated as belonging to more than one group is deemed not to belong to any group. Engines not belonging to a group The NOx 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 ppmvd15% or 4 g/kWh, whichever applies. Engines belonging to a group Subject to section 60, the NOx emission intensity of an engine that belongs to a group must not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies. [Repealed, SOR/2016-151, s. 136] Certain pre-existing engines A responsible person who makes an election in accordance with subsection 61(1) to opt out of the application of section 58 must — for each year that follows the making of the election — ensure that the yearly average NOx emission intensity of each subgroup that they establish under section 65 does not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies. Election 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: 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 each NOx 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. Yearly average NOx emission intensity The yearly average NOx emission intensity of a subgroup for a year is determined by the formula is the jth NOx emission value, expressed in ppmvd15% or g/kWh, assigned under subsection 66(1) or 67(1) to the ith engine or replacement unit that belongs to the subgroup; is the rated brake power, expressed in kW, of the ith engine or replacement unit that belongs to the subgroup; 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 NOx emission value of Eij, or 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 NOx emission value of Eij, 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 NOx emission value of Eij, if Tij is determined under this paragraph for all the engines and replacement units that belong to the subgroup; 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 NOx emission value of Eij, if Tij is determined under this paragraph for all the engines and replacement units that belong to the subgroup; 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 is the jth assignment under subsection 66(1) or 67(1) of a NOx 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 NOx emission values under those subsections to that engine or replacement unit during the year. Number of hours The number of hours during a year referred to in paragraph (a) of the description of Tij in subsection (2) must be determined 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 January 1 of that year, January 1 of the year after that year, the date of any change in the NOx emission value assigned to the ith engine under subsection 66(1) or 67(1), the date on which the ith engine or replacement unit is designated as belonging to the subgroup, and the date on which the ith engine or replacement unit ceases to belong to the group; 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 data related to the number of hours that it has operated on each day since any previous record, the dates of those days, its make, model and serial number or, if the serial number is not known or cannot be obtained, unique alphanumeric identifier, and the initials of the person making the record; or 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 data that is taken every 15 minutes and used to determine the number of hours that it has operated, 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. Continuous operation 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. Revocation — on notice 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. Applicable limits As of the first year that begins after the day on which the notice was provided, the election is revoked; 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 section 58 applies to the responsible person in respect of the engines that belong to their group. Revocation — after conviction 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. After revocation As of the revocation, 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; section 58 applies to the responsible person in respect of the engines that belong to their group; and the responsible person is no longer permitted to make an election under subsection 61(1). Replacement units 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 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; 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 that pre-existing engine, and 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; the replacement unit is owned or operated by the responsible person; and the replacement unit is located in an oil and gas facility, other than an asphalt refinery. Eligible replacement units The following are eligible replacement units: a modern engine; an electric motor; and a combustion turbine that is equipped with an emission control system that ensures that its NOx emission intensity is at most, as applicable, 75 ppmvd15% or 1.8 g/kWh, if it is used for mechanical drive and has a rated brake power of less than 4 MW, 42 ppmvd15% or 1.0 g/kWh, if it is used for electricity generation and has a rated brake power of less than 4 MW, 25 ppmvd15% or 0.5 g/kWh, if it has a rated brake power of at least 4 MW and at most 70 MW, and 15 ppmvd15% or 0.3 g/kWh, if it has a rated brake power of more than 70 MW. 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. Effective date of replacement 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: the date on which the pre-existing engine ceased to belong to their group; and the information set out in sections 1 to 3 of Schedule 9 in respect of the pre-existing engine and the replacement unit. Reintroduction of replaced engines 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. Designation of subgroups A responsible person who is subject to a limit set out in section 60 must establish one or more subgroups by, for each subgroup, assigning an identifier to it; designating — from among the pre-existing engines and replacement units that belong to their group — those that are to belong to that subgroup; and selecting the units, ppmvd15% or g/kWh, that are to be used to express the NOx emission value of the pre-existing engines and replacement units that belong to that subgroup. Engines in subgroups Each pre-existing engine and replacement unit that belongs to their group must be included in exactly one subgroup. An engine or replacement unit is designated as belonging to the subgroup as of the identifier of the subgroup, the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , and the date on which the record was made; and 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 the date on which the record was made. Engine registry 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. Assignment of default NOx emission value Subject to section 67, the applicable default NOx 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. Default NOx emission values The default NOx emission value — expressed in the same units, ppmvd15% 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 for a pre-existing four-stroke lean-burn engine, 210 ppmvd15% or 4 g/kWh, if 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, 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 ppmvd15% or 4 g/kWh, and the responsible person has registered the engine under subsection 97(3), and indicated in the engine registry that this default NOx emission value applies to the engine, and 710 ppmvd15% or 13.5 g/kWh, in any other case; for a pre-existing two-stroke lean-burn engine, 841 ppmvd15% or 16 g/kWh; for a pre-existing rich-burn engine, 1,262 ppmvd15% or 24 g/kWh; for a replacement unit that is a modern engine, 160 ppmvd15% or 2.7 g/kWh; for a replacement unit that is an electric motor, 0 ppmvd15% or 0 g/kWh; and for a replacement unit that is a combustion turbine, Assignment 90 days earlier Despite subsection (1) and subparagraph (2)(a)(i), the default NOx 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. Assignment of non-default NOx emission value A NOx emission value that is different from the default NOx 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 its NOx emission intensity — determined by means of the most recent performance test conducted on the engine and expressed in the same units, ppmvd15% or g/kWh, that are selected under paragraph 65(1)(c) for the subgroup to which the engine belongs — does not exceed that different NOx emission value; and the responsible person referred to in subsection 66(1) has registered the engine under subsection 97(3) and provides the Minister with that different NOx emission value for inclusion in the engine registry. Taking effect of assignment The assignment takes effect as of 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 NOx emission value of the engine for inclusion in the engine registry; and the date on which the responsible person provides the Minister with the assigned NOx emission value for inclusion in the engine registry, in any other case. NOx emission intensity limit — non-default NOx emission values A responsible person who assigns a NOx emission value to an engine that is different from its default NOx emission value must, as of that assignment, ensure that its NOx emission intensity — expressed in the same units, ppmvd15% 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 NOx emission value. NOx emission intensity limits For the purpose of sections 54, 55, 57, 58 and 68, the NOx emission intensity of an engine must be determined by means of a performance test. 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 NOx emission intensity. Operating conditions for test-runs Each test run must be conducted while the engine is operating at the lower of 90% or more of its rated brake power, and its highest achievable brake power for the operating conditions during the test run; and not operating during start-up, shutdown or a period of malfunction. Sampling ports The location of the sampling port, and its traverse points, in the exhaust pipe for each test run must be determined in accordance with EPA Method 1 or EPA Method 1A, as applicable; ASTM D6522-11; or EC Method A. Pre-existing engines without sampling port If a pre-existing engine does not have a sampling port that meets the requirements of any of those methods, each test run must 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 have the NOx emission intensity of the engine expressed in ppmvd15%. After-treatment control devices If an after-treatment control device is used, either the location of the sampling port described by subsection (1) must also be downstream of the device; or 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. Concentration of NOx The concentration of NOx in the engine’s exhaust gas for each test run must be determined in accordance with EPA Method 7; EPA Method 7A; EPA Method 7C; EPA Method 7E; EPA Method 320; ASTM D6348-12e1; EC Method AP-77-3. Concentration of O2 The concentration of O2 in the engine’s exhaust gas for each test run must be determined in accordance with 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; EPA Method 3A; 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; the method entitled Flue and Exhaust Gas Analyses, published by the American Society of Mechanical Engineers and cited as ASME PTC 19.10-1981. Moisture content For each test run, if the concentration of NOx in the engine’s exhaust gas is measured on a wet basis or if the NOx emission intensity of the engine is to be expressed in g/kWh, the moisture content in that gas must be determined in accordance with EPA Method 4; ASTM D6348-12e1; or EC Method D. Volumetric flow rate If the NOx 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 EPA Method 2; EPA Method 19; or EC Method B. Simultaneous measurement For each test run, the following measurements must be taken simultaneously at the same traverse point in accordance with section 71: the concentration of NOx in the engine’s exhaust gas; the concentration of O2 in the engine’s exhaust gas; the moisture content in the engine’s exhaust gas, if applicable; and the volumetric flow rate of the engine’s exhaust gas, if applicable. ppmvd15% If the NOx emission intensity of the engine is to be expressed in ppmvd15%, it must be determined for each test run by the formula is the concentration of NOx in the engine’s exhaust gas, expressed in ppmvd, determined at a given percentage of oxygen (%O2) in accordance with subsection 72(1); and is the number that represents the percentage of oxygen in the engine’s exhaust gas as determined by volume on a dry basis, based on the concentration of O2 determined in accordance with subsection 72(2). g/kWh If the NOx emission intensity of the engine is to be expressed in g/kWh, it must be determined for each test run by the formula is the concentration of NOx 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); is the volumetric flow rate of the engine’s exhaust gas, expressed in m3/h, determined in accordance with subsection 72(4); is the duration of the test run, expressed in hours to two decimal places; and is the brake work of the engine during the test run, expressed in kWh. Wet or dry basis The elements C and Q described in subsection (1) must be expressed on the same basis, whether wet or dry. The NOx 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 NOx emission intensity. NOx emission intensity — deemed days The average described in section 75 is deemed to be the NOx emission intensity of the engine for the day on which the performance test is conducted; and for every subsequent day until its NOx emission intensity is determined based on another performance test. Performance tests In addition to a performance test referred to in section 69, a performance test to determine the NOx emission intensity, expressed in ppmvd15% or g/kWh, of a regular-use engine must be conducted 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; within 12 months after either of sections 57 and 58 first applies in respect of the engine; within 90 days after a person becomes, on a given date, an owner of an engine that is subject to a NOx emission intensity limit referred to in any of sections 54, 57 and 58, if 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 that given date occurs less than 90 days before the end of the 12-month period referred to in paragraph (a) or (b), or after the end of that 12-month period; and before an assignment, by a responsible person under subsection 67(1), of a NOx emission value to an engine that is different from its default NOx emission value described in subsection 66(2), if the NOx emission value that they propose to assign is lower than the NOx emission intensity for the engine determined by means of the most recent performance test conducted on the engine, or 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. Subsequent performance test 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 NOx emission intensity, expressed in ppmvd15% or g/kWh, 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 for a rich-burn engine, 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 NOx 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 NOx emission intensity limit, expressed in ppmvd15%, applicable to the engine, and 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. When emissions check required for certain engines An emissions check to determine the concentration of NOx in the exhaust gas must be conducted on a lean-burn engine with a rated brake power of at least 375 kW, within 365 days after the assignment of a default emission value under subsection 66(1), and 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 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. Using electrochemical analyzer An emissions check must be conducted by means of an electrochemical analyzer. Electrochemical analyzers The electrochemical analyzer must 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: O2, CO and NO, for a rich-burn engine that is equipped with a three-way catalyst, and an engine whose NOx in the exhaust gas consists of at most 10% NO2, based on the results of the most recent performance test conducted on it, and O2, CO, NO and NO2, in any other case; have a resolution, as specified by its manufacturer, that is at most 1 ppm, for CO, NO and, if applicable, NO2, and 0.1%, for O2; and be equipped with a device that monitors the temperature of the NO electrochemical cell. Calibration error checks and interference responses Before an electrochemical analyzer is used for the first time to conduct an emissions check on an engine, an initial sequence of calibration error checks must be conducted on the cells of the analyzer in accordance with section 83; and 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. Analyzer — operation and maintenance An electrochemical analyzer must be operated and maintained in accordance with the manufacturer’s specifications, including the specifications on introducing gas into the analyzer at a constant flow rate within the range specified by the manufacturer; and rinsing the analyzer with fresh air for the period recommended by the manufacturer between each introduction of gas into the analyzer. Analyzer — set-up Before a calibration error check or an emissions check is conducted in a given location, the measurement system must be verified to have no leaks; if applicable, the measurement system must be verified to have sufficient scrubbing agent in good working order to conduct the check; after those verifications, the analyzer must be turned on at that location for the longer of 20 minutes, and the period that is necessary for the temperature of the NO electrochemical cell to be within 2°C of ambient air temperature; and after the end of the applicable period described in paragraph (c), the analyzer must be zeroed at that location by using the zeroing function of the analyzer, or turning it off and on. Analyzer — measurement system for introduction of gas The measurement system for the introduction of gas into the analyzer must remove condensation continuously from that gas by means of a chilled condenser or similar device; and be non-reactive with NO2. Sequence of calibration error checks 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. Calibration error checks 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 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 the certified concentration of that gas in that calibration gas. Calibration gases The zero gas and the span gas for the following gases to which a cell is designed to respond are for O2, a zero gas that consists of O2 in nitrogen, with a certified concentration of O2 of less than 0.25% of the concentration of O2 in its corresponding span gas, CO in nitrogen, or in air, with a certified concentration of O2 of less than 0.05%, or NO in nitrogen, with a certified concentration of O2 of less than 0.05%, and a span gas that consists of ambient air in a well-ventilated area, with a presumed certified concentration of 20.9% O2, or O2 in nitrogen that has a certified concentration of O2 that is within the measuring range, specified by the analyzer’s manufacturer, for the O2 cell, and at least 5% and at most 20.9%; for CO, ambient air in a well-ventilated area, with a presumed certified concentration of 0 ppm CO, or 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 a span gas that consists of CO in nitrogen, or in air, with a certified concentration of CO that is within the measuring range, specified by the analyzer’s manufacturer, for the CO cell, and at least 200 ppm and at most 400 ppm; for NO, ambient air in a well-ventilated area, with a presumed certified concentration of 0 ppm NO, or 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 a span gas that consists of NO in nitrogen, with a certified concentration of NO that is within the measuring range, specified by the analyzer’s manufacturer, for the NO cell, and at least 100 ppm and at most 200 ppm; and for NO2, ambient air in a well-ventilated area, with a presumed certified concentration of 0 ppm NO2, or 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 a span gas that consists of NO2 in air, with a certified concentration of NO2 that is within the measuring range, specified by the analyzer’s manufacturer, for the NO2 cell, and at least 50 ppm and at most 100 ppm. Certified concentration A concentration of O2, CO, NO or NO2 in a calibration gas is certified if the manufacturer of the gas certifies that the concentration of that gas in the calibration gas is accurate within ± 2%; and the calibration gas was prepared and analyzed 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 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. Stabilization periods and records 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. Calibration error The calibration error — for each calibration error check involving the introduction of the zero gas or of the span gas — must be at most for O2, 0.5%; and for CO, NO or NO2, the greater of 5% of the certified concentration of that gas in the span gas, and 10 ppm. Reading for CO and NO interference responses 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: for a span gas for NO, the CO cell; and for a span gas for NO2, the CO and NO cells. CO interference response 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 is the CO response to span gas for NO, expressed in ppm of CO; is the certified concentration of NO in the span gas for NO, expressed in ppm of NO; 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; 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; is the CO response to span gas for NO2, expressed in ppm of CO; is the certified concentration of NO2 in the span gas for NO2, expressed in ppm of NO2; and 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. NO interference response 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 is the NO response to span gas for NO2, expressed in ppm of NO; is the certified concentration of NO2 in the span gas for NO2, expressed in ppm of NO2; 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 is the concentration of NOx in the exhaust gas of the engine, as determined in accordance with section 89 for that most recent emissions check, expressed in ppm of NOx. No prior emissions check If there is no prior emissions check conducted by means of the analyzer referred to in subsection (1), the value of CNOS, CCOS and CNO2S 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 the value of CNOxS 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 NOx. Interference response ≤ 5% The CO interference response and the NO interference response must each be at most 5%. Invalid emissions check — calibration and interference 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%, any emissions check that is conducted with the analyzer, since the most recent sequence of calibration error checks on the analyzer, is invalid; and no emissions check that is conducted with the analyzer is valid until 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 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. Emissions check — sampling ports 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 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 determined in accordance with section 71, in any other case. Single point 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. Operating conditions for emissions checks The emissions check must be conducted while the engine is operating with a rated brake power 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 that is at least 40% of its rated brake power, in any other case; and Emissions check — sampling procedure 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 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 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. NO cell temperature 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. Beginning of sampling period 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 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; 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; is the total length, expressed in m, of those tubes that are used during the emissions check; is the flow rate, expressed in m3/s, of the engine’s exhaust gas measured by the analyzer during the emissions check; 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; 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 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. Concentration of O2, CO, NO and NO2 — average 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). The concentration of NOx in the exhaust gas, expressed in ppmvd15%, must be determined by the formula 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 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. Invalid emissions check — temperature 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. Invalid emissions check — cell measuring range 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, the emissions check and any concentration that is determined in accordance with that section are invalid; and 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. Periods when not conducted A performance test or an emissions check must not be conducted during any period referred to in section 49. Extended period for new owners 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. Extended period — last day 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 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 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. Nameplate An engine that is low-use or that is subject to a NOx emission intensity limit referred to in any of sections 54, 57 and 58 — 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 its serial number or, if the serial number is not known or cannot be obtained, its unique alphanumeric identifier referred to in subsection (3); its make and model; and its rated brake power. Serial number The serial number must be the serial number provided by the engine or replacement unit’s manufacturer on the original nameplate affixed to it; as engraved on the original crankcase; or as set out in a document that is provided by its manufacturer. Unique alphanumeric identifier 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 the information set out in Schedule 9, other than the engine’s or replacement unit’s serial number or unique alphanumeric identifier; and the reason why the serial number is not known or cannot be obtained. Refusal 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. Operation and maintenance 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, in respect of an engine that is subject to a NOx emission intensity limit referred to in any of sections 54, 55 and 57, by a responsible person for the engine; in respect of an engine that is subject to a NOx emission intensity limit referred to in section 58, by the responsible person who has established the group to which the engine belongs; and in respect of an engine that belongs to a subgroup, other than a pre-existing engine that has been assigned a default NOx 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. Systems and components The following are the systems and components: the ignition system, including spark plugs; the air-fuel ratio management system; the NOx, O2 and lambda sensors; the lubrication system, including the oil and oil filters; the air intake filtration system; and the after-treatment control device. No obligation to comply 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 NOx emission intensity of the engine is unlikely to exceed the following limit or value: the applicable NOx emission intensity limit referred to in sections 54, 55, 57 and 58; and [Repealed, SOR/2016-151, s. 143] in respect of an engine that belongs to a subgroup, the NOx emission value that is assigned to the engine under subsection 66(1), if that emission value is 210 ppmvd15% or 4 g/kWh, or subsection 67(1). Air-fuel ratio 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 NOx emission intensity, during the diverse ambient conditions anticipated during a year, does not exceed the following limit or value: [Repealed, SOR/2016-151, s. 144] in respect of an engine that belongs to a subgroup, the NOx emission value assigned to the engine under 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 necessary to know whether this Part applies in respect of an engine; and related to the requirements referred to in section 60 that are imposed on engines that belong to a subgroup. Regular-use and low-use engines The following engines must be registered in the engine registry: a modern engine with a rated brake power of at least 75 kW that is regular-use or low-use; and a pre-existing engine with a rated brake power of at least 250 kW that is regular-use or low-use. Registration date — engines in group A responsible person for a regular-use engine that they have designated as belonging to their group must register the engine on or before January 1, 2019, if the designation occurs before that date; and 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. Registration date — engines not in group An engine referred to in subsection (2) that does not belong to a group must be registered on or before for a pre-existing engine, the later of January 1, 2019, and July 1 of the year that follows the first year during which there is a responsible person for the engine, and for a modern engine, July 1 of the year that follows the first year during which there is a responsible person for the engine. Re-registration 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. Registration 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. Change of information — engine registry 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 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 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. Responsible person The updated information must be provided by 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 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. Compliance reports 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 an engine or replacement unit that, during the preceding year, belongs to a subgroup; or an engine that, during the preceding year, is subject to a NOx emission intensity limit, is low-use; or combusts fuel for a period referred to in section 49. The compliance report must be provided by the responsible person for the engine or replacement unit who 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; 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 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. 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: 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; 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; for each low-use engine, the following information concerning any period of operation during an emergency referred to in paragraph 51(2)(e): the dates on which the period begins and ends, its duration, in hours, and an indication of whether paragraph (a) or (b), or both, of the definition emergency set out in section 45 describes that operation; 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; 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; for each engine designated as belonging to a group, the information referred to in paragraph 56(3)(a) or (b); 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; for each pre-existing engine or replacement unit belonging to a subgroup, the information referred to in paragraph 65(3)(a) or (b); 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, the date on which the performance test was conducted, 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 for each test run in the performance test, the brake power of the engine while the test run was conducted and the measurements and calculations used to determine that brake power, and the NOx emission intensity of the engine that was determined for that test run and the measurements and calculations that were used to make that determination; for each emissions check that is conducted under section 79, 92 or 93, the make, model and serial number of the analyzer that was used, the date on which the emissions check was conducted, 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, 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, an estimate of the brake power of the engine while the emissions check was conducted, for each minute of the sampling period for the emissions check referred to in subsection 88(1), each NO cell temperature that was recorded, and 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 the flow rate of the engine’s exhaust gas that was measured by the analyzer during the emissions check; for any electrochemical analyzer used to conduct a sequence of calibration error checks or an emissions check, the serial number, make and model of the electrochemical analyzer, and a log of operations and maintenance of the electrochemical analyzer; for each sequence of calibration error checks of an analyzer that are conducted under section 83, the serial number, make and model of the analyzer, the date on which the sequence was conducted, the certified concentration of each zero gas and of each span gas for O2, CO, NO or NO2, 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, the reading of each cell’s response to a calibration gas referred to in subsection 83(2), the calibration error described in subsection 83(6), for each zero gas and span gas for, as applicable, O2, CO, NO or NO2, the flow rate of each span gas that is measured by the analyzer during the sequence, the reading of the response referred to in subsection 84(1) for the CO cell and NO cell, and the CO interference response that is determined under subsection 84(2) and the NO interference response that is determined under subsection 84(3); 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; a log of operations and maintenance of the systems and components related to the engine that are set out in subsection 95(2); and 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 NOx emission intensity does not exceed the NOx emission intensity limit or NOx emission value referred to in section 96. The following definitions apply in this Part and in Schedule 11. cement means a powder that results from the grinding of clinker and the blending of the ground clinker with other materials. (ciment) clinker means solid nodules that are produced by the pyroprocessing of feedstock in a kiln. (clinker) 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 means cement that is manufactured from clinker that contains more than 0.5% by weight of ferric oxide. (ciment gris) kiln means a thermally insulated chamber into which blended feedstock is introduced for pyroprocessing in order to produce clinker. (four) long dry kiln means a kiln that is not equipped with a system for preheating dry feedstock; or 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 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 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 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) Application — grey cement This Part applies in respect of cement manufacturing facilities that produce clinker for use in the manufacture of grey cement. Obligation — over two consecutive years As of January 1, 2020, a cement manufacturing facility must not — over any two consecutive years — emit NOx 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. Obligation — yearly If a cement manufacturing facility does not comply with that emission limit for either NOx or SO2 over a period of two consecutive years, it must not — during each year after that period — emit either NOx or SO2 in a quantity that exceeds its emission limit for that year, as determined in accordance with sections 104 and 105. Emission limit — NOx The emission limit for a year for the emission of NOx from a cement manufacturing facility is determined by the formula is the maximum emission intensity for the year for the emission of NOx from the ith kiln stack in the cement manufacturing facility — namely, the maximum quantity of NOx 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 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 formulaEI2006 – (0.3 × EI2006)whereEI2006is the quantity of NOx, 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; for wet kilns and long dry kilns, as elected in accordance with subsection (2), (i)2.55 kg/t, or 2.55 kg/t, or (ii)determined by the formulaEI2006 – (0.3 × EI2006)whereEI2006is the quantity of NOx, 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; determined by the formula is the quantity of NOx, 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; 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 is the quantity of clinker, expressed in t, that is produced by the ith kiln in the cement manufacturing facility in the year. Election — 2020 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 EINOxi in subsection (1). Election — subsequent years The maximum emission intensity for the emission of NOx 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. Emission limit — SO2 The emission limit for a year for the emission of SO2 from a cement manufacturing facility is determined by the formula is the maximum emission intensity for the year for the emission of SO2 from the ith kiln stack in the cement manufacturing facility — namely, the maximum quantity of SO2 emitted per tonne of clinker produced at the ith kiln in the cement manufacturing facility in the year — which is 3.0 kg/t; is the 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 Quantity of NOx and SO2 — CEMS As of January 1, 2018, the quantity, expressed in kg, of NOx and SO2 emitted, during a given year, from each kiln stack in a cement manufacturing facility must be determined by means of a CEMS. Quantity of clinker For the purpose of determining the value for Pi 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 weighing that quantity directly using the measuring devices that were used for inventory purposes; using a method of calculation that is based on the measuring devices that were used for inventory purposes; or 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. Accuracy of feedstock-to-clinker conversion factor The accuracy of the feedstock-to-clinker conversion factor must be verified at least once per year, but at least four months after a previous verification; and as soon as feasible after a major change in the clinker production processes that could affect the accuracy of the factor. A record of that verification must be made that demonstrates the accuracy of the feedstock-to-clinker conversion factor. 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. CEMS Reference Method — compliance If a CEMS is used to determine a NOx emission intensity under Part 1 or a quantity of emissions under section 106, the CEMS Reference Method must be complied with, notably the design specifications and any related requirements that are set out in Section 3.0 of the EC CEMS Code entitled “Design Specifications and Test Procedures”, or Section 2.0 of the Alberta CEMS Code entitled “Design Specifications”; the installation specifications and any related requirements that are set out in Section 4.0 of the EC CEMS Code entitled “Installation Specifications”, or Section 3.0 of the Alberta CEMS Code entitled “Installation Specifications”; the performance specifications and any related requirements, particularly in respect of testing, that are set out in 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 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 the requirements concerning the development and implementation of manuals or plans for quality assurance and quality control that are set out in Section 6.0 of the EC CEMS Code entitled “Quality Assurance and Quality Control”, or Section 5.0 of the Alberta CEMS Code entitled “Quality Assurance and Quality Control”. Annual audit For each year during which a responsible person uses a CEMS to determine a NOx 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 the CEMS has met the specifications set out in the CEMS Reference Method; 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 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 the responsible person has implemented it, its implementation ensures that the data generated by the CEMS is complete, accurate and precise, and it has been updated in accordance with the CEMS Reference Method. Auditor’s report 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. Request for auditor’s report 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. Provision of auditor’s report to Minister A responsible person who uses a CEMS to determine a NOx 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. Auditor For the purpose of this section, an auditor is a person who is independent of the responsible person who uses a CEMS; and has demonstrated knowledge of and experience in the certification, operation and relative accuracy test audit (RATA) of Continuous Emission Monitoring Systems, quality assurance and quality control procedures in relation to those systems, and the conducting of audits in relation to those systems. Installation, operation, maintenance and calibration 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. Application 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 any requirement for sampling, analyses, tests, measurements or monitoring; or any condition, test procedure or laboratory practice that is relevant to those requirements. Exception for rule to be replaced 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). Alternative rule 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 modification of a rule set out in a document that is incorporated by reference in these Regulations; or a rule, other than a rule referred to in paragraph (a), that consists of the whole or a part of a standard or method published by a government of any state or of a subdivision of any state, or any institution of such a state or subdivision, 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 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 a modification of a rule described in subparagraph (i). Information for application The application must include the following information respecting the responsible person who is the applicant: 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, the name, title, civic and postal addresses, if any, telephone number and email address of their authorized official, and the name, title, civic and postal addresses, if any, telephone number and email address of a contact person, if different from the authorized official; 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; an indication of the rule that is to be replaced, along with an indication of the provisions of the document incorporated by reference into these Regulations that set out the rule that is to be replaced, and the provisions of these Regulations that refer to that document and that invoke that rule; the text of the proposed alternative rule, along with the source of that proposed alternative rule, namely, an indication of the provisions of provincial law that set out that proposed alternative rule, 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 the sources referred to in both clauses (A) and (B), and 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; 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;

information that identifies the boiler, heater, engine or kiln, including for the boiler or heater, an indication as to whether it is a boiler or a heater, the name of its manufacturer, along with its serial number, make and model, its rated capacity, and in respect of the facility where it is located, its identifier, if any, within that facility and the facility’s civic address, National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act, and provincial identification number, for the engine, its serial number or, if the serial number is not known or cannot be obtained, its unique alphanumeric identifier, its make and model, and civic address or, if there is no civic address, its latitude and longitude, for the kiln , the name of the cement manufacturing facility where it is located, the civic address of the cement manufacturing facility or, if there is no civic address, its latitude and longitude, the cement manufacturing facility’s National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act, information that identifies the kiln, and the kiln’s type, that is, whether it is a precalciner kiln, a preheater kiln, a wet kiln, or a long dry kiln; and any other information that is necessary to consider in order to grant the application. Paragraph (4)(e) — concentration of NOx If a proposed alternative rule described in paragraph (3)(b) concerns the determination of the concentration of NOx 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. Approval 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 the rule that is to be replaced is described by paragraph 112(1)(a) or (b); the proposed alternative rule is described by paragraph 112(3)(a) or (b); and 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. Provision of approved alternative rule 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. Provision of rule to another responsible person 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. Application of approved alternative rule 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. Interpretation of incorporated document 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. Notice to apply replaced rule 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. Refusal — false, misleading or incomplete information 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. Refusal — informing applicant Without delay after refusing the application, the Minister must inform the applicant of the refusal, along with the reasons for it. Revocation by Minister The Minister must revoke the alternative rule as approved by the Minister if 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 the Minister has reasonable grounds to believe that the responsible person had, with their application, provided false or misleading information to the Minister. Revocation — informing responsible persons 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. Revocation under law 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. Rule after notification or revocation 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 receipt by the Minister of the notice referred to in section 115; the date of the revocation that is indicated in the notice described in subsection 117(2); or the date of the revocation referred to in section 118. Electronic provision 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. Provision on paper 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. 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 of every document and all information that supports the validity of any information provided to the Minister under these Regulations; 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; if a CEMS is used under these Regulations, of every document or information referred to in the CEMS Reference Method that relates to a demonstration or test made under these Regulations, or is required to be created or obtained under the CEMS Reference Method, and 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; of documents that demonstrate that the installation, operation, maintenance and calibration of measuring devices was done in accordance with these Regulations; and of any other information that is relevant to demonstrating compliance with these Regulations in respect of the boiler, heater, engine or cement manufacturing facility. Records — deadline 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. Five or ten years’ retention 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 at least five years if it relates to a boiler, heater, or an engine; and at least 10 years if it relates to a cement manufacturing facility. No retention 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. Record location — Parts 1 and 3 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. Record location — Part 2 The record or the copy referred to in subsection (3) that relates to an engine must be kept at 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 the facility where the engine is located, in any other case. Provision of records On the Minister’s request, the record or copy referred to in subsections (5) and (6) must be provided to the Minister without delay. Corrections 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. Notification of testing A responsible person for a boiler or heater who intends, by means of a stack test, to determine its NOx 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: 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; the date or dates on which it is to occur; and 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). When information provided The information must be provided 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 without delay, in any other case. [Amendment] [Amendments] Subject to subsections (2) to (5), these Regulations come into force on the day on which they are registered. January 1, 2021 Section 135 comes into force on January 1, 2021. January 1, 2023 The following provisions come into force on January 1, 2023: subsection 125(1); section 128 ; subsection 129(2); subsection 130(1); subsection 131(1); and subsection 145(2). January 1, 2026 The following provisions come into force on January 1, 2026: subsection 126(1); subsection 129(1); subsection 130(2); sections 132 to 134; sections 136 to 144; subsection 145(1); and sections 146 and 147. January 1, 2036 The following provisions come into force on January 1, 2036: section 124; subsection 125(2); subsection 126(2); section 127; subsection 129(3); subsection 131(2); and subsection 145(3). The EC CEMS Code is to be read as follows: without reference to Section 1.0 entitled “Introduction”, including any cross-references to any provision in Section 1.0; without reference to “appropriate regulatory authority” in Table 1 entitled “Design Specifications for Continuous Emission Monitoring Systems” ; without reference to “appropriate regulatory authority” in the following Sections: 3.4, 3.4.2, 3.4.3, 5.3.1, and 6.3.2.7; with “Other moisture monitoring systems may be proposed for use with Equation B-3 in Appendix B, if the proponent demonstrates that the system meets the required specifications.” in the note to the “Stack gas and moisture monitor” component of Table 3 entitled “Certification of Performance Specifications” read as “Other moisture monitoring systems may be used with Equation B-3 in Appendix B, if the system meets the required specifications.”; with “an independent reference method, which may be either a manual or automated procedure, as specified by the appropriate regulatory authority.” in Section 5.3.4 read as “EPA Method 7E or EPA Method 6C, as the case may be, along with EPA Method 3A and EPA Method 1 or EC Method A, EPA Method 2 or EC Method B, and EPA Method 4 or EC Method D.”; with “Either integrating manual or automated methods specified by the appropriate regulatory authority may be used as the reference methods for this test.” in Section 5.3.4.3 read as “EPA Method 7E or EPA Method 6C, as the case may be, are to be used as the reference method for this test, along with EPA Method 3A and without reference to “In collaboration with the regulatory agency” in Section 6.0 entitled “Quality Assurance and Quality Control” ; without reference to “and the appropriate agency” in Section 6.5.2; with the Glossary read without reference to the definition appropriate regulatory authority, the definition backfilling, and the definition units of the standard; with the definition reference method in the Glossary read as “means EPA Method 7E or EPA Method 6C, as the case may be, along with EPA Method 3A and without reference to “, but any factors so developed will require approval by the appropriate regulatory agency before being applied” in Section A.1 of Appendix A; with the values of Kx for SO2 and NOx in Equations A-1 to A-7 referred to in Section A.2 of Appendix A read as for the value of SO2, “2.618 × 10–6 kg/Sm3/ppm”, and for the value of NOx, “1.880 × 10–6 kg/Sm3/ppm”; with Section B.2.1 of Appendix B read without reference to “appropriate regulatory agency”; and without reference to Section B.4 entitled “Method C: Energy Balance Method” in Appendix B. The Alberta CEMS Code is to be read as follows: with any table that sets out specifications read as establishing an obligation on the responsible person to respect those specifications; without reference to Section 1.0; without reference to “Unless otherwise authorized by the Director,” in Section 2.0; without reference to Section 2.2; without reference in Section 2.5.1 to “as specified in the facility approval”, “in a format acceptable to the Director”, and “, if required by an approval”; without reference to “or those hours during which effluent is being discharged from an effluent source as described in an approval (for noncombustion-related sources)” in Section 2.5.3; without reference in Section 2.5.4 to “Upon the authorization of the Director,”, “Reference Method test data or data obtained from a monitor previously certified for the application may also be used for substituting data.”, “, and must be authorized in writing by the Director prior to implementation”, and “, unless specified otherwise by the Director”; with “Method 1 of the Alberta Stack Sampling Code as amended from time to time” in Section 3.1 read as “EPA Method 1 or EC Method A”; with “Method 1 of the Alberta Stack Sampling Code” in Section 3.1.3 read as “EPA Method 1 or EC Method A” ; with the portion of Section 3.2 before Section 3.2.1 read without reference to “or at a location authorized by the Director”, and “or an alternative method as authorized by the Director, may be used”; in Section 3.2.1, with “Method 1 of the Alberta Stack Sampling Code” read as “EPA Method 1 or EC Method A”, and “Method 2 of the Alberta Stack Sampling Code” read as “EPA Method 2 or EC Method B”; with “source owner or operator” in the portion of Section 4.1 before Section 4.1.1 read as “responsible person”; in Section 4.1.1, without reference to “Subject to Section 1.5.1,” with “owner or operator of the facility” read as “responsible person”, and without reference to “of a new CEMS, upon recertification, or as specified otherwise by the Director. The satisfactory demonstration by the approval holder of meeting all of these performance specifications, along with notice of such to the Director, shall constitute certification of the CEMS.”; without reference in Section 4.2.1 to “, subject to the provisions of an applicable approval,”, and “These specifications are not meant to limit the types of technologies that can be used or prevent the use of equivalent methods. Both technologies and methods can be varied upon authorization of the Director.”; without reference in Section 4.2.2 to “These specifications are not meant to limit the types of technologies that can be used or prevent the use of equivalent methods. Both technologies and methods can be varied upon the written authorization of the Director.”; without reference in Section 4.2.3 to “These specifications are not meant to limit the use of alternative technology and may be varied upon the written authorization of the Director to accommodate the use of alternative technology.”; without reference to Section 4.2.4; without reference in Section 4.2.5 to “These specifications are not meant to limit the types of technologies to be used or prevent the use of equivalent methods (such as the use of F-factors). Both technologies and methods can be varied upon written authorization of the Director.”; in Section 4.2.6, with “approval holder” read as “responsible person”, without reference to “, as specified in an EPEA approval”, and without reference to “These specifications are not meant to limit the types of technologies to be used or prevent the use of equivalent methods. Both technologies and methods can be varied upon the written authorization of the Director.”; without reference to Section 4.2.7; without reference in Section 4.3 to “The Director must be advised in writing (or facsimile) of the intent to test (complete with tentative test schedule[s]) at least two weeks before the performance testing is to occur. This notice enables the Director or his/her designate to have the opportunity to observe any or all testing.”, “The owner or operator of the facility shall retain on file at the facility, and make available for inspection or audit, the performance test results on which the certification was based.”, “Recertification is required following any major change in the CEMS (e.g., addition of components or replacement of components with different makes/models, change in gas cells, path length, probe or system optics, relocation) that could impair the system from meeting the applicable performance specifications for that system. Recertification should be conducted at the earliest possible opportunity or as agreed to in writing by the Director.”, and “or recertification”; without reference in Section 4.5.1 to “The system must output emission rates of the pollutants in units as specified in the facility approval.”; without reference in Section 4.5.3 to “(a) General - For those systems that are not designed (and authorized as such by the Director) for the dynamic use of calibration gases, alternative protocols (as authorized by the Director) may be used in place of the following. These alternative procedures shall be included and detailed in the facility QAP.”, and “(to the extent possible)”; without reference in Section 4.5.4 to “(a) General - For those systems that are not designed (and authorized as such by the Director) for the dynamic use of calibration gases, alternative protocols (as authorized by the Director) may be used in place of the following. These alternative procedures shall be included and detailed in the facility QAP.” ; with “in accordance with the Alberta Stack Sampling Code, and in such a manner that they will yield results representative of the pollutant concentration, emission rate, moisture content, temperature and effluent flow rate from the unit and can be correlated with the CEMS measurements.” in Section 4.5.8(d) read as “in such a manner that they will yield results representative of the pollutant concentration, emission rate, moisture content, temperature and effluent flow rate from the unit and can be correlated with the CEMS measurements, and in accordance with EPA Method 7E or EPA Method 6C, as the case may be, along with EPA Method 3A and with “approval holder” read as “responsible person” in Section 5.0; without reference to “(where authorized)” in Table 14 to Section 5.1.2; in Section 5.1.3, in paragraph (a), with “sample system flow rates are appropriate). The use of system components with integral fault detection diagnostics is highly desirable” read as “the use of sample system flow rates and the use of system components with integral fault detection diagnostics)”, and without reference to “The minimum frequency may be reduced (upon the written authorization of the Director) provided the operator can demonstrate (using historical data) that a lower verification frequency will not affect system performance at the 95% confidence level.”, in paragraph (b), without reference to “For parameters for which cylinder gases are not available at reasonable cost, are unstable, or are unavailable, alternative calibration techniques are acceptable, if the Director has given prior written authorization.”, and in paragraph (e), without reference to “The approval holder must retain the results of all performance evaluations including raw test data as well as all maintenance logs, corrective action logs and the QAP (including sample calculations) for a period of at least 3 years for inspection by Alberta Environmental Protection.”; in Section 5.2.1, with “upon the Director being satisfied that the QAP demonstrates compliance” read as “if the responsible person demonstrates compliance”, and without reference to “The data obtained during a Relative Accuracy Test may also be used toward fulfilling associated stack survey requirements as provided for in an approval issued under EPEA.”; without reference in Section 5.2.3 to “For those systems that are not designed for the dynamic use of calibration gases, alternative protocols (as authorized by the Director) may be used in place of the cylinder gas audit. These alternative procedures shall be included and detailed in the facility QAP.” ; in Section 5.2.4, with “facility operator” read as “responsible person”, with “ the facility should be operated at a rate of at least 90 % of “normal” production. Normal production is defined as the average production or throughput for the facility over the previous month. Any exceptions to this would need to be authorized in writing by the Director.” read as “ the boiler, heater, engine or cement manufacturing facility must be operated at a rate of at least 90% of “normal” production. Normal production is defined as its average production over the previous month.”, and without reference to “, unless otherwise authorized by the Director”; without reference to Section 6.0; and in the appendix entitled “APPENDIX A – DEFINITIONS”, without reference to the definitions Alberta Stack Sampling Code, Director, and Emission standard level, and with the definition Reference Method read as “ means EPA Method 7E or EPA Method 6C, as the case may be, along with EPA Method 3A and EPA Method 4 or EC Method D.”. The default higher heating values for wood and wood waste, agricultural by-products and peat are determined on a dry basis. The default higher heating values for the other types of fuel are determined on a wet basis. The following information respecting the responsible person: an indication as to whether they are an owner or operator, or both, of the boiler or heater and their name and civic address; the name, title, civic and postal addresses, telephone number, email address and fax number, if any, of their authorized official; and the name, title, civic and postal addresses, telephone number, email address and fax number, if any, of a contact person, if different from the authorized official. The following information respecting the facility at which the boiler or heater is located: the civic address of the facility or, if there is no civic address, its latitude and longitude; its National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act and its provincial identification number, if any; and an indication as to which paragraph of subsection 5(2) of these Regulations describes it. The following information respecting the boiler or heater: for each responsible person for the boiler or heater, other than a responsible person mentioned in paragraph 1(a), their name and civic address, and an indication as to whether they are an owner or operator, or both; an indication as to whether it is a boiler or a heater; the name of its manufacturer, along with its serial number, make and model; its rated capacity; its identifier, if any, within the facility where it is located; its commissioning date and recommissioning date, if any; and the date on which Part 1 first applied in respect of it; for a class 80 or a class 70 boiler or heater, the serial number of each of its burners; and for a class 80 or a class 70 boiler or heater, a document that indicates, with precision, where it is located in the facility. An indication as to which of the following provisions of these Regulations is the one under which the boiler’s or heater’s classification NOx emission intensity was determined: subparagraph 34(1)(a)(i); subparagraph 34(1)(a)(ii); clause 34(1)(b)(i)(A); subclauses 34(1)(b)(i)(B)(I) and (II); subclauses 34(1)(b)(i)(B)(I), (II) and (III); subparagraph 34(1)(b)(ii); subparagraph 34(1)(b)(iii); subparagraph 34(1)(b)(iv); subclause 34(1)(b)(v)(C)(I); subclause 34(1)(b)(v)(C)(II); or subparagraph 34(1)(b)(vi). [Repealed, SOR/2016-151, s. 145] The following information respecting a test on the boiler or heater referred to in paragraph 34(1)(a) of these Regulations conducted to determine its classification NOx emission intensity: for a stack test, the date on which the stack test was conducted, confirmation that each test run of the stack test was conducted while the boiler or heater met the conditions set out in paragraphs 27(2)(a) to (e) of these Regulations, an indication as to whether the type of gaseous fossil fuel that was combusted during that stack test was natural gas or alternative gas, the method set out in subsection 28(1) of these Regulations that was used for the stack test to measure the concentration of NOx and, if an alternative rule as approved under subsection 113(1) of these Regulations to replace a rule set out in that method was used, an indication of that rule, as approved, and of rule it replaced, and the classification NOx emission intensity of the boiler or heater, as determined by means of the stack test; and for a CEMS test, for each averaging period in the reference period, the day and hour when the averaging period began, the number of hours in the averaging period, confirmation that at least 50% of the input energy in the boiler’s or heater’s combustion chamber resulted from the introduction of gaseous fossil fuel for each of those hours, an indication as to whether the type of gaseous fossil fuel that was combusted was natural gas or alternative gas, and the greatest of the rolling hourly averages that were determined for the NOx emission intensity, an indication as to whether the EC CEMS Code or the Alberta CEMS Code was used and, if an alternative rule as approved under subsection 113(1) of these Regulations to replace a rule set out in that CEMS Reference Method was used, an indication of that rule, as approved, and of the rule it replaced, and the classification NOx emission intensity of the boiler or heater, as determined by means of the CEMS test in accordance with subparagraph 34(1)(a)(ii) of these Regulations. The following information respecting a stack test whose results are used to determine the boiler’s or heater’s classification NOx emission intensity under paragraph 34(1)(b) of these Regulations: for a stack test referred to in clause 34(1)(b)(i)(A) — or referred to in subclauses 34(1)(b)(i)(B)(I) and (II), if the stack test is on the boiler or heater in question referred to in clause 34(1)(b)(i)(B) — of these Regulations, the method set out in subsection 28(1) of these Regulations used for the stack test to measure the concentration of NOx and, if an alternative rule as approved under subsection 113(1) of these Regulations to replace a rule set out in that method was used, an indication of that rule, as approved, and of the rule it replaced, and the NOx emission intensity of the boiler or heater, as determined by means of the stack test; for a stack test referred to in subclause 34(1)(b)(i)(B)(III) or clause 34(1)(b)(iii)(B) of these Regulations, the name of the manufacturer — along with the serial number, make and model and the identifier, if any, within the facility where it is located — of the other boiler or heater on which the stack test was conducted, and the classification NOx emission intensity of that other boiler or heater, as determined by means of the stack test; and for a stack test referred to in subclause 34(1)(b)(v)(C)(I) of these Regulations, the name of the manufacturer — along with the serial number, make and model and the identifier, if any, within the facility where it is located — of each of the other boilers or heaters that share a common stack with the boiler or heater whose classification NOx emission intensity is determined under that subclause, confirmation that each test run of the stack test was conducted while each of the boilers or heaters that share that common stack met the conditions set out in paragraphs 27(2)(a) to (e) of these Regulations, an indication as to whether the type of gaseous fossil fuel that was combusted during that stack test was natural gas or alternative gas, and the NOx emission intensity at the common stack, as determined under subclause 34(1)(b)(v)(C)(I) of these Regulations. The following information respecting a CEMS test whose results are used to determine the boiler’s or heater’s classification NOx emission intensity under paragraph 34(1)(b) of these Regulations: for a CEMS test referred to in clause 34(1)(b)(iv)(B) of these Regulations, the name of the manufacturer — along with the serial number, make and model and the identifier, if any, within the facility where it is located — of the other boiler or heater on which the CEMS test was conducted, and the classification NOx emission intensity of that other boiler or heater, as determined by means of the CEMS test; and for a CEMS test referred to in subclause 34(1)(b)(v)(C)(II) of these Regulations, the name of the manufacturer — along with the serial number, make and model and, if any, the identifier within the facility where it is located — of each of the other boilers or heaters that share a common stack with the boiler or heater whose classification NOx emission intensity is determined under subparagraph 34(1)(b)(v) of these Regulations, the NOx emission intensity, being the greatest of the rolling hourly averages for the NOx that were determined . The following information respecting a boiler or heater whose classification NOx emission intensity is determined under subparagraph 34(1)(b)(ii) of these Regulations: confirmation that there is no equipment installed on the boiler or heater that allows for a stack test or CEMS test to be conducted; and documents that establish that the boiler or heater is designed to have a NOx emission intensity of less than 40 g/GJ when the boiler or heater meets the conditions set out in paragraphs 27(2)(a) to (e) of these Regulations and combusts the same type of gaseous fossil fuel — natural gas or alternative gas — that was combusted when that determination was made. The following information respecting a boiler or heater whose classification NOx emission intensity is redetermined under subsection 36.1(1) of these Regulations: an attestation, signed by the responsible person, that the boiler or heater did not produce thermal energy during the period beginning on June 17, 2016 and ending on June 16, 2017 and the period beginning on March 8, 2025 and ending on December 31, 2025; and documents that establish that the boiler or heater is designed to have a NOx emission intensity of less than 40 g/GJ when the boiler or heater meets the conditions set out in paragraphs 27(2)(a) to (e) of these Regulations. The following information — if it has not been previously provided or has changed since the most recent report that the responsible person has provided to the Minister — respecting the boiler or heater: for each responsible person for the boiler or heater, other than the responsible person referred to in paragraph 1(a), if any, its commissioning date and recommissioning date, if any; if its commissioning date is within three months after the day on which these Regulations are registered, an indication as to whether it is packaged; for a class 80 or a class 70 boiler or heater that has undergone a major modification, a description of the major modification, including the serial number of its burners if they have been changed; for a modern boiler for which there has been a determination of its thermal efficiency made in accordance with section 18 of these Regulations, the result of each of those determinations and the date on which each was made; for a modern heater for which there has been a determination of the difference between the temperature of its preheated air and the ambient air made in accordance with section 24 of these Regulations, the result of each of those determinations and the date on which each was made; for a boiler or heater for which the determination by means of one or more stack tests of its NOx emission intensity for an initial test is referred to in paragraph 33(2)(a) or subparagraph 33(2)(b)(i) of these Regulations, for the stack test that determined the greatest NOx emission intensity and for the stack test that determined the most recent NOx emission intensity from among those stack tests conducted in the reference period or each applicable period within the reference period referred to in subsection 33(5) of these Regulations, respectively, the NOx emission intensity that was determined, the date on which that stack test was conducted, for modern boilers or heaters, an indication as to whether the type of gaseous fossil fuel that was combusted during that stack test was natural gas or alternative gas, the method set out in subsection 28(1) of these Regulations that was used for the stack test to measure the concentration of NOx and, if an alternative rule as approved under subsection 113(1) of these Regulations to replace a rule set out in that method was used, an indication of that rule, as approved, and of the rule it replaced; and if the NOx emission intensity was determined for all of the boilers and heaters that share a common stack, the result of the formula set out in subsection 26.1(5) of these Regulations; and for a boiler or heater for which the determination by means of a CEMS test of its NOx emission intensity for an initial test is referred to in paragraph 33(2)(a) or subparapraph 33(2)(b)(ii) of these Regulations, for modern boilers or heaters, an indication as to whether type of the gaseous fossil fuel that was combusted was natural gas or alternative gas, and the NOx emission intensity, being the greatest of the rolling hourly averages that were determined for the NOx emission intensity, an indication as to whether the EC CEMS Code or the Alberta CEMS Code was used and, if an alternative rule as approved under subsection 113(1) of these Regulations to replace a rule set out in that CEMS Reference Method was used, an indication of that rule, as approved, and of the rule it replaced, for a determination referred to in paragraph 33(2)(a), the name of the manufacturer, along with the serial number, make and model and the identifier, if any, within the facility where the other boiler or heater — on which the CEMS test referred to in paragraph 26(2)(b) was conducted — is located, and if the NOx emission intensity was determined for all of the boilers and heaters that share a common stack, the result of the formula set out in subsection 26.1(5) of these Regulations. for each responsible person for the boiler or heater, other than the responsible person referred to in paragraph 1(a), for a modern heater for which there has been a determination of the difference, if any, between the temperature of its preheated air and the ambient air made in accordance with section 24 of these Regulations, the result of each of those determinations and the date on which each was made; for a boiler or heater for which the determination by means of one or more stack tests of its NOx emission intensity for a compliance test is referred to in subparagraph 38(2)(a)(i) or (c)(i) or paragraph 38(3)(a) of these Regulations, for the stack test that determined the greatest NOx emission intensity and for the stack test that determined the most recent NOx emission intensity, from among those stack tests conducted in the reference period or each applicable period referred to in paragraph 38(3)(a) or subsection 38(5) of these Regulations, respectively, confirmation that each test run of that stack test was conducted while the boiler or heater met the conditions set out in paragraphs 27(2)(a) to (e) of these Regulations, for a boiler or heater for which the determination by means of a CEMS test of its NOx emission intensity for a compliance test is referred to in subparagraph 38(2)(a)(ii), paragraph 38(2)(b) or subparagraph 38(2)(c)(ii) of these Regulations, for modern boilers or heaters, an indication as to whether the type of gaseous fossil fuel that was combusted was natural gas or alternative gas, and the NOx emission intensity, beingthe greatest of the rolling hourly averages that were determined for the NOx emission intensity, for a determination referred to in subparagraph 38(2)(a)(ii), the name of the manufacturer, along with the serial number, make and model and the identifier, if any, within the facility where the other boiler or heater — on which the CEMS test referred to in paragraph 26(2)(b) was conducted — is located, and their name, civic and postal addresses, if any, telephone number and email address; the name, title, civic and postal addresses, if any, telephone number and email address of their authorized official; the name, civic and postal addresses, if any, telephone number and email address of each affiliate, if any, of the responsible person mentioned in paragraph (a); and their gross revenue, and the gross revenue of each of those affiliates, for the most recent taxation year for which each of them has filed a return of income. The following information respecting each of the responsible person’s pre-existing engines: if its rated brake power is less than 250 kW, its rated brake power, expressed in kW; and if its rated brake power is at least 250 kW, its rated brake power, expressed in kW, and its make , model and serial number, the type of emission control system, if any, with which it is equipped, the civic address of the facility where the engine is located or, if there is no civic address, its latitude and longitude, and for each of its responsible persons, other than the responsible person referred to in paragraph 1(a), if any, their name and civic address. The following information respecting a responsible person who registers an engine in the engine registry, applies for a unique alphanumeric identifier for an engine or replaces a pre-existing engine in their group with a replacement unit: an indication as to whether they made an election under subsection 61(1) of these Regulations and, if so, the date on which they made the election; and an indication as to whether they revoked their election under subsection 62(1) of these Regulations and, if so, the date on which a notice of revocation was provided. The following information respecting the facility at which the engine or replacement unit is located: its National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act and its provincial identification number, if any; for a modern engine, an indication as to which paragraph of subsection 46(4) of these Regulations describes; and for a pre-existing engine, an indication that the facility is an oil and gas facility other than an asphalt refinery. The following information respecting the engine or replacement unit: an indication as to whether the responsible person referred to in section 1 is its owner or operator, or both; if that responsible person became an owner of the engine on a date that is on or after the day on which these Regulations are registered, that date, and before the day on which these Regulations are registered, an indication to that effect; for each of its responsible persons, other than the responsible person referred to in section 1, if any, an indication as to whether they are its owner or operator, or both; its serial number or if, the serial number is not known or cannot be obtained, its unique alphanumeric identifier; its make and model; in the case of an engine, an indication as to whether it is a pre-existing engine or modern engine; in the case of an engine, an indication as to whether it is low-use or regular-use; its rated brake power, expressed in kW; in the case of an engine, an indication as to whether it is a two-stroke lean-burn engine, a two-stroke rich-burn engine, a four-stroke lean-burn engine, or a four-stroke rich-burn engine; the type of emission control system, if any, with which it is equipped and, if it was so equipped on a date after March 31, 2020, that date; in the case of a modern engine, the date on which it began to operate; in the case of a pre-existing engine, the date on which it was designated as belonging to the responsible person’s group, and if applicable, the date on which that pre-existing engine ceased to belong to the responsible person’s group; in the case of a replacement unit, the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the pre-existing engine that it replaced, the date on which that pre-existing engine ceased to belong to the responsible person’s group, the number of hours that that pre-existing engine operated while belonging to the group during the 36 months preceding that date, and an indication as to whether it is a modern engine, an electric motor or a combustion turbine; and [Repealed, SOR/2016-151, s. 146] if the responsible person referred to in section 1 is subject to a limit referred to in section 60 of these Regulations, the identifier of the subgroup to which the engine or replacement unit belongs and the date on which it was designated as so belonging, for an engine that has a default NOx emission value referred to in subparagraph 66(2)(a)(i) of these Regulations, an indication as to whether clauses 66(2)(a)(i)(A) to (C) are complied with, and for an engine that has a NOx emission value assigned under subsection 67(1) of these Regulations that is different from its default NOx emission value set out in subsection 66(2) of these Regulations, the NOx emission value that is assigned to it, and an indication that the assigned NOx emission value is greater than the NOx emission intensity for the engine that was determined by means of the most recent performance test conducted on it, and the responsible person has a record of the information set out in subparagraphs 100(i)(i) to (iii) of these Regulations and section 6 of Schedule 10 in respect of that most recent performance test. The following information respecting each subgroup that the responsible person established under section 65 of these Regulations: its identifier; and the units, either ppmvd15% or g/kWh, that are used to express the NOx emission value of the pre-existing engines and replacement units belonging to that subgroup. The name and telephone number of the responsible person who is providing the compliance report. For each of the responsible person’s engines, the total number of hours, if any, contained in all periods referred to in section 49 of these Regulations in the preceding year for which the compliance report is provided. The following information respecting each of the responsible person’s low-use engines: the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine; the number of hours that the engine operated during the preceding year for which the compliance report is provided, excluding any hours of operation during an emergency, based on any recordings referred to in paragraph 51(2)(c) or (d) of these Regulations and, if applicable, paragraph 51(1)(a) of these Regulations; and if applicable, the number of hours that the engine operated during an emergency during that preceding year. [Repealed, SOR/2016-151, s. 147] The following information respecting each of the responsible person’s subgroups, if they made an election under subsection 61(1) of these Regulations that is in effect for the preceding year for which the compliance report is provided: the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engines and replacement units that belonged to the subgroup during that preceding year; for each of those engines and replacement units, each NOx emission value that was assigned to it during that preceding year; for each of those engines and replacement units and for each NOx emission value that was assigned to it during that preceding year, the number of hours referred to in the description of Tij in subsection 61(2) of these Regulations; and the yearly average NOx emission intensity of the subgroup, as determined in accordance with subsection 61(2) of these Regulations, expressed in ppmvd15% or g/kWh. The following information respecting each performance test referred to in clause 66(2)(a)(i)(B) or section 77, 78, 92 or 93 of these Regulations that was conducted on an engine by the responsible person during the preceding year for which the compliance report is provided: the name of the person and of the individual, if different, who conducted the performance test and the date on which it was conducted; the method set out in each of subsections 72(1) to (4) of these Regulations that was used to conduct the test and, if an alternative rule as approved under subsection 113(1) of these Regulations to replace a rule set out in that method was used, an indication of that rule, as approved, and of the rule it replaced;

the lowest concentration of O2 in the engine’s exhaust gas — from among the three test runs — as determined in accordance with subsection 72(2) of these Regulations; and the NOx emission intensity of the engine, as determined in accordance with section 75 of these Regulations. The following information respecting each engine on which an emissions check referred to in section 79, 92 or 93 of these Regulations was conducted by the responsible person during the preceding year for which the compliance report is provided: for a rich-burn engine, an indication as to whether, for each 90-day period referred to in subparagraph 78(b)(i) of these Regulations, there is at least one determination by an emissions check under section 89 of these Regulations of the concentration of NOx in the exhaust gas that does not exceed the NOx emission intensity limit, expressed in ppmvd15%, that applies to the engine; and for a lean-burn engine, for at least one emissions check during each 365-day period referred to in paragraph 79(a), the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine, the concentration of O2 in the exhaust gas of the engine referred to in subsection 89(1) of these Regulations, and an indication as to whether the concentration of NOx in the exhaust gas of the engine, as determined by the emissions check, does not exceed the NOx emission intensity limit, expressed in ppmvd15%, that applies to the engine. an indication as to whether they are an owner or operator, or both, of the cement manufacturing facility and their name and civic address; the name, title, civic and postal addresses, telephone number and email address of their authorized official; and the name, title, civic and postal addresses, telephone number and email address of a contact person, if different from the authorized official. The following information respecting the cement manufacturing facility: for each of its responsible persons, other than the responsible person referrred to in paragraph 1(a), its name and civic address, if any; its latitude and longitude; its National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act; the number of kilns; for each kiln, information that identifies it; for each kiln, its type, that is, whether it is for each kiln, for the preceding year for which the compliance report is provided, the quantity of NOx emitted, expressed in kg, the quantity of SO2 emitted, expressed in kg, and the quantity of clinker produced, expressed in t. If applicable, the emission intensity elected by the responsible person under subsection 104(2) of these Regulations as the value for EINOxi in subsection 104(1) of these Regulations. The name, civic address and telephone number of the responsible person. For each CEMS used to determine under Part 1 a NOx emission intensity of one or more boilers or heaters located in a facility or under section 106 a quantity of emissions of one or more kilns located in a cement manufacturing facility, the identifier of each of those boilers or heaters within the facility where it is located or of each of those kilns within the cement manufacturing facility where it is located, the following information respecting that facility or cement manufacturing facility: its civic address or, if there is no civic address, its latitude and longitude its National Pollutant Release Inventory identification number assigned by the Minister for the purpose of section 48 of the Act and, in the case of that facility, its provincial identification number, if any; and in the case of a facility where a boiler or heater is located, an indication as to which paragraph of subsection 5(2) of these Regulations describes it. The name, civic address, telephone number and email address of the auditor and their qualifications. The dates on which the audit was conducted. The procedures that the auditor followed in assessing whether the responsible person’s use of the CEMS has complied with, as the case may be, the Quality Assurance/Quality Control manual referred to in Section 6.0 of the EC CEMS Code, or the Quality Assurance Plan referred to in Section 5.1 of the Alberta CEMS Code; the responsible person has complied with the CEMS Reference Method; and the CEMS has met the specifications set out in the CEMS Reference Method and, in particular, that 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. A statement of the auditor’s opinion as to whether the responsible person has complied with the CEMS Reference Method and, in particular, as to whether its implementation ensures that the data that was generated by the CEMS is complete, accurate and precise, and Any recommendation of the auditor for improvements in the CEMS or its operation. Section 11 Section 11 of these Regulations is replaced by the following: The NOx 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. Subsection 12(1) The portion of subsection 12(1) of these Regulations before paragraph (a) is replaced by the following: A pre-existing boiler or heater is classified — in accordance with its classification NOx emission intensity determined in accordance with subsection 34(1) — as follows: Subsection 26(4) Subsection 26(4) of these Regulations is replaced by the following: for class 80 or class 70 boilers or heaters that underwent a major modification and for redesigned boilers or heaters referred to in section 10, the recommissioning date of the boiler or heater referred to in paragraph (1)(a); and for transitional or modern boilers or heaters, the commissioning date of the boiler or heater referred to in paragraph (1)(a). Paragraph 33(3)(c) Paragraph 33(3)(c) of these Regulations is replaced by the following: 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; Section 37 Section 37 of these Regulations is repealed. Paragraph 43(1)((g) Subsection 43(1) of these Regulations is amended by adding “and” at the end of paragraph (e), by striking out “and” at the end of paragraph (f) and by repealing paragraph (g). Schedule 5 Schedule 5 to these Regulations is repealed.