Multi-Sector Air Pollutants Regulations — 34
Classification NO x emission intensity — on registration 34 (1) The classification NO x 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 (a) by means of (i) a stack test, 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; or (b) by means of a record made of the assignment of the following classification NO x emission intensity to the boiler or heater in question: (i) a NO x 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 , (A) on the boiler or heater in question, if since that determination (I) none of the burners of that boiler or heater has been replaced, (II) no burner has been added to that boiler or heater, and (III) that boiler or heater has not been relocated, or (B) on the boiler or heater in question or another boiler or heater, if (I) that determination is at least 70 g/GJ, (II) 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 (III) 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, (ii) 40 g/GJ, if a responsible person for the boiler or heater in question has a record of information that establishes that (A) there is no equipment installed that allows for a stack test or CEMS test to be conducted on it, and (B) that boiler or heater is designed to have a NO x emission intensity of less than 40 g/GJ if its NO x 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), (iii) 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and (A) it has been identified under subsection (3) with another boiler or heater, and (B) the classification NO x 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, (iv) 40 g/GJ, if (A) the boiler or heater in question has been identified under subsection (3) with another boiler or heater, and (B) the classification NO x 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, (v) 40 g/GJ, if the boiler or heater in question has a rated capacity of at most 262.5 GJ/h and (A) it shares a common stack with at most four other boiler or heaters, (B) it has been identified under subsection (3) with each of those other boilers or heaters, and (C) the NO x emission intensity at the common stack is, in respect of that reference period, determined to be less than 40 g/GJ (I) 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 (II) by means of a CEMS test, or (vi) 80 g/GJ, if a responsible person for the boiler or heater in question elects to assign that classification NO x emission intensity to it. Identification (2) A boiler or heater for which a record is to be made of the assignment of its classification NO x 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