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Air Pollution Control Regulations, 2004
Air Pollution Control Regulations, 2004
Under the authority of sections 22 and 111 of the Environmental Protection Act , the Lieutenant-Governor in Council makes the following regulations.
Robert C. Thompson
1. These regulations may be cited as the Air Pollution Control Regulations , 2004 .
2. In these regulations
(a) "Act" means the Environmental Protection Act ;
(b) "air contaminant" means any discharge, release, or other propagation into the air and includes, but is not limited to, dust, fumes, mist, smoke, particulate matter, vapours, gases, odours, odorous substances, acids, soot, grime or any combination of them;
(c) "air pollution" means the presence in air of an air contaminant or combination of air contaminants in excess of the maximum permissible standard, concentration or level as prescribed by these regulations or an approval issued under the Act;
(d) "air quality management plan" means a plan developed by the minister to manage the level of air contaminants in an area, and may include a company specific air quality management plan approved by the minister;
(e) "ambient air" means the portion of the atmosphere which is external to buildings, structures or underground spaces;
"Canadian standard" means the Canadian Standards Association Code CAN/
(g) "combustion process equipment" means a furnace, boiler, dryer, apparatus, stack and all appurtenances used in the combustion process but does not include mobile internal combustion engines when used to provide propulsion;
(h) "department" means the department presided over by the minister;
(i) "emission" means an air contaminant emitted into the environment;
(j) "emission source" means any combustion process equipment, installation, machinery, appliance, equipment or tanks from which air contaminants may be released or discharged;
(k) "facility" means any stationary property, real or personal, taken as a whole, which has an emission source;
(l) "fuel" means any fuel used directly or indirectly for heating, steam generation or electricity production, or for combustion in industrial processes;
(m) "good engineering stack height (Hg)" means the greater of:
(i) 45 metres,
(ii) the height as calculated using the formula Hg = H + 1.5L where H is the height of any nearby structure and L is the lesser of the height H or projected width of any nearby structure, as measured from the ground level elevation at the base of the stack, or
(iii) the height demonstrated by a fluid model or approved field study which ensures that stack emissions do not result in air pollution resulting from atmospheric downwash or wakes created by the facility, nearby emission sources or terrain features;
(n) "heavy duty motorized vehicle" means a vehicle with a gross vehicle weight rating greater than 2721.6 kilograms for the 1987 model year and older, and greater than 3855.5 kilograms for the 1988 model year and newer;
(o) "light duty motorized vehicle" means a vehicle with a gross vehicle weight rating less than or equal to 2721.6 kilograms for the 1987 model year and older, and less than or equal to 3855.5 kilograms for the 1988 model year and newer;
(p) "minister" means the minister appointed under the Executive Council Act to administer the Act;
(q) "modified" means any addition or alteration to emission sources which may cause:
(i) an increase in the release of an air contaminant, or
(ii) an emission of an air contaminant that was not previously emitted;
(r) "nearby" means within the lesser of 800 metres or 5 times the lesser of the height or the projected width of a structure;
(s) "opacity" means the degree to which an emission reduces the passage of light or obscures the view of an object in the background, expressed numerically from 0%, transparent, to 100%, opaque;
(t) "particulate matter" means a material, except water in an uncombined form, that is or has been airborne and exists as a liquid or a solid at reference conditions;
(u) "point of impingement" includes a part or combination of those things referred to in subparagraphs (i) to (iii) upon which an air contaminant may impinge
(i) land and water,
(ii) plant and animal life, including human life, and
(iii) a building, structure, machine or other device or thing made by humans;
(v) "projected width" means the greatest distance between two points on a structure;
(w) "reference conditions" means a dry gas temperature of 25 ° Celsius and a gas pressure of 101.325 kilopascals;
(x) "stack" means a chimney, flue, conduit or duct arranged to conduct an air contaminant into the environment;
(y) "sulphur content" means the amount of sulphur by weight as determined by standard methods;
(z) "used oil" means a used lubricating oil or waste oil;
(aa) "US EPA standard" means the Standards of Performance for New Residential Wood Heaters , Title 40, Part 60, Subpart AAA of the Code of Federal Regulations, published by the United States Environmental Protection Agency; and
(bb) "visible emission" means an emission which can be detected by the naked eye.
Ambient air quality standards
3. (1) The ambient air quality standards prescribed in Schedule A shall be used to maintain air quality in the province.
(2) The concentration of air contaminants due to all sources shall not exceed the standards prescribed in Schedule A.
(3) For the purpose of ensuring that the standards prescribed in Schedule A are met, the minister may:
(a) specify a condition in an approval issued under Part XI of the Act; or
(b) develop an air quality management plan specifying the provisions to reduce the level of air contaminants emitted by each facility identified in the plan, and the owner or operator of each facility shall
(i) provide the minister with any information he or she may require regarding the development of an air quality management plan, including a company specific air quality management plan, and
(ii) comply with the provisions of the plan within the time specified by the minister.
4. An owner or operator shall not operate or permit the operation of new incineration or pyrometric equipment having an in-stack concentration in excess of the standards prescribed in Schedule B.
Good engineering stack height
5. (1) Commencing July 1, 2004, all new stack installations with annual releases in excess of 20 tonnes of particulate matter or sulphur dioxide shall meet good engineering stack height.
(2) Subject to subsection (1), for the purposes of enforcing these regulations, the calculated concentration of an air contaminant at a point of impingement shall be from good engineering stack height.
Best available control technology
6. (1) An owner or operator who installs a new or modified emission source shall employ the best available control technology.
(2) Notwithstanding subsection (1), an owner or operator may install a new or modified emission source which does not comply with that subsection with the written approval of the minister.
(3) Notwithstanding subsection (1), best available control technology shall not apply to:
(a) routine maintenance, repair and parts replacement;
(b) normal increases in production rates unless otherwise prohibited;
(c) increases in hours of operation unless otherwise prohibited; or
(d) use of an alternative cleaner fuel or raw material.
(4) Best available control technology shall be acceptable to the department and shall, in that particular circumstance, be:
(a) the most effective emission control device or technique;
(b) the most stringent emission control device or technique;
(c) proven reliable in comparable processes; and
(d) economically feasible as determined by the minister in light of industry standards after consultation with the particular owner or operator.
7. (1) There is established a provincial sulphur dioxide emission cap which shall be 60,000 tonnes per calendar year.
Subsection (1) shall come into effect on
(3) The owner or operator of a facility which releases in excess of 20 tonnes of sulphur dioxide per year in the aggregate, shall submit to the department an annual report on fuel usage, fuel sulphur content, fuel specific gravity and sulphur dioxide emissions, no later than February 28 of each subsequent year.
The first report under subsection (3) shall be submitted to the department no later than
8. (1) For the purpose of environmental protection, the minister may, under the authority of section 106 of the Act, impose an administrative penalty prescribed in Schedule C against an owner or operator who emits an air contaminant.
(2) Administrative penalties imposed under this section shall be payable within 60 days of notification of the penalty by the department.
Opacity of visual emissions
9. (1) The owner or operator of an emission source with a nameplate capacity greater than 100 GJ / hr, or with an annual particulate matter release greater than 100 tonnes shall determine the opacity of a visible emission on a continuous basis.
(2) Notwithstanding subsection (1), the minister may require the owner or operator of other emission sources to determine the opacity of a visible emission on a continuous basis.
(3) The opacity of a visible emission shall be determined by means of a continuous opacity monitoring system and shall be calculated as a 6 minute arithmetic average of instantaneous observations.
(4) An owner or operator shall not cause or permit to be caused a visible emission having an opacity greater than 20%.
(5) Notwithstanding subsection (4), a visible emission may have an opacity exceeding 20% but not exceeding 25% for one 6 minute period in any one hour period.
(6) Notwithstanding subsections (4) and (5), every time a fire is started in combustion process equipment, a visible emission may have an opacity exceeding 20%, but not exceeding 40% for one 6 minute period in the first 30 minute period after that new fire is started.
(8) Where an emission source employs best available control technology, an owner or operator shall be exempt from the provisions of subsections (1) to (7).
(9) Where an emission source employs best available control technology, the owner or operator of that emission source shall
(a) provide the minister with a contingency plan detailing the remedial action for compliance with the provisions of this section when best available control technology is non-operational;
(b) the contingency plan may be approved by the minister, including any additions or deletions that the minister may require; and
(c) the owner or operator shall comply with the approved contingency plan.
(10) Where a continuous opacity monitoring system does not achieve a monthly valid data capture rate of 95 %, an administrative penalty of $5 shall be payable with respect to each non-measured opacity reading below the valid data capture rate.
(12) Administrative penalties imposed under this section shall be payable within 60 days of notification of the penalty by the department.
Performance testing facilities
10. (1) The owner or operator of good engineering stack height installations shall provide the following performance testing facilities:
(a) sampling ports adequate for testing devices and applicable methods;
(b) safe sampling platforms;
(c) safe access to sampling platforms; and
(d) utilities for sampling and testing devices.
(2) The minister may require the owner or operator of an emission source other than the emission source referred to in subsection (1) to provide performance testing facilities.
Potential for air pollution in accident, emergency or urgent circumstances
11. (1) Where a facility has the potential for air pollution due to an unanticipated failure to operate in the normal manner due to an accident, emergency or urgent situation, a change in operating conditions, or a shut-down of a pollution control device, the owner or operator of the facility shall:
(a) take immediate remedial action to reduce any emissions and provide the department with the particulars of that failure, change or shutdown; and
(b) provide the department in writing with the particulars of the remedial action taken under paragraph (a) and the reasons for that action as soon as it is practicable.
(2) Where the minister considers an emission by a facility to be a nuisance, the owner or operator of that facility shall:
(a) investigate to determine the nature of the emission; and
(b) provide the minister with a remediation plan.
(3) The minister may approve the plan required by paragraph 2(b) subject to any changes he or she may require and an owner or operator shall comply with an approved plan.
(4) Notwithstanding sections 3 and 9, the minister may, under the authority of section 105 of the Act, enter into a compliance agreement with the owner or operator in writing regarding a situation contemplated by subsection (1), authorizing the continuance of the operation for the period of time as the minister considers reasonable.
12. (1) A person shall not burn or permit the burning of any material listed in Schedule E in a fire.
(2) Notwithstanding subsection (1), a person may burn or permit the burning of materials listed in Schedule E in a fire with the written approval of the minister.
Burning of waste products
13. Notwithstanding section 12, a person shall not burn or permit the burning of used oil, waste products or other materials in combustion process equipment except
(a) where the design and the intended use of the equipment according to the manufacturer's manual permits the burning of the specific material;
(b) where the equipment has the combustion and emission control devices that may be required by the minister;
(c) where the rate does not exceed the equipment design; and
(d) where the written approval of the minister has been obtained.
Burning of grades 4, 5, or 6 fuel prohibited
(a) where emission sources employ best available control technology ,
(i) containing a sulphur content in excess of 3.0%; and
(ii) containing a sulphur content in excess of 2.0% on an annual basis, as calculated by the formula:
SO2 = sulphur dioxide emissions in tonnes
Vt = volume of fuel in litres; and
(b) where emission sources do not employ best available control technology,
(i) containing a sulphur content in excess of 2.2%, and
(ii) containing a sulphur content in excess of 2.0% on an annual basis, as calculated by the formula:
n = number of shipments during a calendar year
Si = sulphur content of each shipment, expressed as %
Vi = volume of each shipment.
Residential wood combustion prohibition
15. (1) Commencing July 1, 2008 a person shall not manufacture, sell or permit the selling of a residential woodstove, fireplace insert or factory built fireplace which may emit particulate matter into the environment in excess of:
(a) the emission requirements of the Canadian standard; or
(b) the emission requirements of the US EPA standard.
(2) The emission requirements under subsection (1) shall be determined by the test methods and procedures contained in that standard.
(3) Each unit manufactured, permitted or sold under subsection (1) shall have a readily visible, permanently affixed manufacturer’s label which:
(a) conforms to the labelling requirements in that standard; and
(b) indicates that the unit conforms to the particulate matter emission requirements of that standard.
16. (1) A person shall not operate or permit the operation of a light duty motorized vehicle having an emission in excess of the standards prescribed in Schedule F.
The opacity of a visible emission from a diesel fuelled heavy duty motorized vehicle, as determined by procedure
(a) 40% for 1991 model vehicles and newer; and
(b) 55% for 1990 model vehicles and older.
(3) For the purpose of ensuring that the standards prescribed in Schedule F and subsection (2) are met, according to paragraph 111(1)(p) of the Act, the minister may, by regulation, establish an emission inspection and maintenance program as a means of reducing exhaust and evaporative air contaminants.
Non-portable aboveground storage tanks
17. (1) Commencing January 1, 2012, all new and existing non-portable aboveground storage tanks with a volume greater than 4 m3 and storing a volatile organic liquid with a vapour pressure greater than 10 kPa at 21.1 ° Celsius shall comply with the provisions of the CCME guidelines "Environmental Guidelines for Controlling Emissions of Volatile Organic Compounds from Aboveground Storage Tanks, PN 1180" including any amendments to those guidelines.
The owner or operator of emission sources shall provide the department in writing with a plan outlining its schedule for compliance with subsection (1) no later than
(3) All records under Part 7 of the guidelines shall be reported annually to the department by February 28 of each subsequent year.
The first report under subsection (3) is due no later than
Gasoline distribution networks
18. (1) Commencing January 1, 2012, all new and existing persons engaged in the gasoline distribution network shall comply with the vapour balancing, recovery and control requirements of the CCME guidelines "Environmental Code of Practice for Vapour Recovery in Gasoline Distribution Networks, PN 1057" including any amendments to those guidelines.
(2) Subsection (1) shall not apply to:
(a) terminals with an annual gasoline throughput less than 25 million litres;
(b) bulk plants with an annual gasoline throughput less than 4.5 million litres;
(c) service stations with an annual gasoline throughput less than one million litres;
(d) cargo tank trucks with a capacity less than 21,000 litres; or
(e) ships and barges.
The owner or operator of emission sources shall provide the department in writing with a compliance schedule no later than
(4) All records under Parts 3, 4, 5, & 6 of the guidelines, shall be reported annually to the department by February 28 of each subsequent year.
(5) The first report under subsection (4) is due no later than February 28, 2012.
NOx standards for fossil fuel fired boilers and heaters
19. All new and modified fossil fuel fired boilers and heaters, with a nameplate capacity equal to or greater than 10.5 GJ/hr, shall not exceed the emission standards prescribed in Schedule G.
Monitoring and recording devices
20. The minister may require the installation of
(a) devices which are necessary to record the throughput and operation of process, combustion or control equipment; and
(b) monitoring and recording devices which are necessary to measure and record concentrations of air contaminants, opacity and flow at their origin and at point of impingement.
Manner of measurements, recording and analyses
21. All measurements, recordings and analyses conducted under these regulations shall be
(a) performed at locations and by devices and methods acceptable to the department; and
(b) made readily accessible to the department in a time and manner acceptable to the department.
22. The Air Pollution Control Regulations, 2003 , Newfoundland and Labrador Regulation 56/03, are repealed.
Table I: Ambient Air Quality Standards at Reference Conditions
(1) Arithmetic mean
(2) Geometric mean
(2.1) The 3 year average of the annual 99th percentile of the SO2 daily maximum 1 hour average concentrations.
(2.2) The arithmetic average over a single calendar year of all 1 hour average SO2 concentrations.
Ambient Air Quality Standards for Dioxins and Furans at Reference Conditions
The Total Equivalent Quotient (TEQ) concentration of PCDDs and PCDFs is determined by multiplying the concentration of each congener listed in Column 1 of Table
In-Stack Standards for Incineration and Pyrolysis
(1) at reference conditions, dry gas basis, corrected to 11% oxygen by volume
(a) (ug/m3) = micrograms per cubic metre; and
(b) (pg I-TEQ/m3) = International Total Equivalent Quotient picograms per cubic metre
Administrative Penalties for
Administrative Penalties for Opacity Exceedences
Materials Prohibited from Burning in a Fire
Standards for Vehicle Emissions for Light Duty Motorized Vehicles at Idle Speed
(1) LDT = Light Duty Truck (pre 1988, <= 2721.6 kg gross vehicle weight rating (GVWR))
LDT = Light Duty Truck (1988 +, <= 3855.5 kg gross vehicle weight rating (GVWR))
(a) (ppm) = parts per million by volume
(b) (%) = percentage by volume
Emission Standards for NOx
(a) (GJ/hr)= gigajoules/hour
(b) (g/GJ)- grams per gigajoule.