Multi-Sector Air Pollutants Regulations — 38
Compliance tests — stack or CEMS test 38 (1) During a reference period referred to in subsection (4), a compliance test must be conducted to determine the NO x emission intensity of a boiler or heater that has a rated capacity of greater than 105 GJ/h if (a) an initial test has been conducted on it under section 33 ; and (b) for any hour during the reference period, the NO x emission intensity of the boiler or heater must not exceed a limit that is referred to in any of sections 6 , 7 , 9 to 11 , 13 and 14 . Stack test or CEMS test (2) The NO x emission intensity for the compliance test must be determined (a) for a boiler or heater that meets the conditions set out in paragraphs 26 (1)(a) and (b), by means of both (i) one or more stack tests conducted — at least 90 days after an initial test or the most recent compliance test that is conducted by means of a stack test — in the reference period with at least one of those stack tests being conducted during each period described in subsection (5), and (ii) a CEMS test on another boiler or heater referred to in paragraph 26 (1)(b), with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in the reference period; (b) for a boiler or heater referred to in paragraph 25 (b), by means of a CEMS test; and (c) in any other case, by means of either (i) one or more stack tests conducted — at least 90 days after an initial test or the most recent compliance test that is conducted by means of a stack test — in that reference period with at least one of those stack tests being conducted during each period described in subsection (5), or (ii) a CEMS test, with that determination being the greatest of the rolling hourly averages determined in respect of each averaging period in that reference period. Stack and CEMS tests — first compliance test (3) Despite paragraph (2)(b), if the NO x emission intensity of a boiler or heater that has a rated capacity of more than 262.5 GJ/h — as determined for the initial test conducted under section 33 by means of one or more stack tests — is at least 80% of the NO x emission intensity limit applicable to the boiler or heater under any of sections 6 , 7 , 9 to 11 , 13 and 14 , 9 to 11 , 13 and 14 , the boiler’s or heater’s NO x emission intensity in respect of the reference period for the first compliance test conducted under this section must be determined by means of (a) one or more stack tests conducted in the period of that reference period that ends on the first day on which a CEMS installed on the boiler or heater is operational; and (b) a CEMS test conducted in the period of that reference period that begins on the day after that first day. Reference period (4) The reference period is (a) for the first compliance test, the period that begins on the day after the end, determined in accordance with subsection 33 (4), of the reference period for the initial test conducted on the boiler or heater and ends on December 31 of the year that follows the year in which that reference period begins; and (b) for every subsequent compliance test, the year that includes the hour referred to in subsection (1). Periods for stack test determinations (5) A compliance test conducted on a boiler or heater under subparagraph (2)(a)(i) or (c)(i) or paragraph (3)(a) must include at least one stack test that is conducted during each of the following periods within the reference period for the compliance test: (a) if 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 (i) a period during which natural gas is combusted, and (ii) a period during which that alternative gas is combusted; (a.1) if a stack test or CEMS test indicates that, while it is combusting alternative gas, a modern boiler or heater has a NO x emission intensity that exceeds the applicable