Multi-Sector Air Pollutants Regulations — 33
Initial test 33 (1) During the reference period described in subsections (3) and (4), an initial test must be conducted to determine the NO x 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 (2) The boiler’s or heater’s NO x emission intensity for the initial test must be determined (a) 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 (i) the greatest NO x emission intensity that was determined by those stack tests, and (ii) the greatest of the rolling hourly averages that were determined in respect of that averaging period; and (b) in any other case, by means of (i) 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 (ii) 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 (3) The reference period begins on (a) 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; (b) 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; (c) 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 (i) January 1, 2026, for a class 80 boiler or heater, and (ii) January 1, 2036, for a class 70 boiler or heater; (d) 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; (e) 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 (f) 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 (4) The reference period ends on the earlier of (a) the day that is six months after the day determined in accordance with subsection (3), and (b) May 25 of the year that follows the year during which that reference period begins. Periods for stack test determinations (5) 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: (a) 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, (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 combusting alternative gas, a modern boiler or heater has a NO x 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, (i) a period during which alternative gas is combusted, and (ii)