Multi-Sector Air Pollutants Regulations — 14
Exception — impossibility 14 (1) The NO x 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 NO x emission intensity, if (a) before the major modification is carried out, a responsible person for the boiler or heater provides to the Minister (i) 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, (ii) documents, provided to the responsible person by a person who is independent of them, that establish that the NO x emission intensity of the boiler or heater could not be at most 26 g/GJ when it operates under (A) any circumstances that include the use of combustion modification techniques, and (B) the conditions set out in subsection 27 (2), (iii) 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 NO x 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 (iv) documents that establish that each of the independent persons referred to in subparagraphs (ii) and (iii) (A) 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 (B) 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 (b) after that recommissioning date, the NO x emission intensity of the boiler or heater is more than 26 g/GJ. Major modification before registration (2) The NO x 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 NO x emission intensity, if (a) 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 (b) after the boiler’s or heater’s recommissioning date, the NO x emission intensity of the boiler or heater is more than 26 g/GJ. Combustion modification techniques (3) For the purpose of this section, combustion modification techniques are techniques to reduce the formation of thermal NO x in the combustion chamber of a boiler or heater by modifying the combustion process. They include the use of low-NO x burners and of flue gas recirculation.