Operating conditions
 10. (1) An approved dispersion model that is used for the purposes of this Part shall be used in accordance with one of the following scenarios for each averaging period applicable to the relevant contaminant: 1. A scenario that, for the relevant averaging period, assumes operating conditions for the facility that would result in the highest concentration of the contaminant at a point of impingement that the facility is capable of. 2. A scenario that, for the relevant averaging period, uses actual operating data for the facility for the occasion when the highest concentration of the contaminant at a point of impingement resulted during, i. the year preceding the year in which the model is being used, or ii. the year in which the model is being used, if the facility did not operate at any time during the year referred to in subparagraph i.  O. Reg. 516/07, s. 6 (1); O. Reg. 507/09, s. 8 (1); O. Reg. 109/18, s. 3 (1). (1.1) If a facility is part of a class identified by NAICS code 324190 or 324110, in addition to being used in accordance with one of the scenarios mentioned in subsection (1), an approved dispersion model that is used for the purposes of this Part shall be used with respect to the discharge of sulphur dioxide from the facility in accordance with the scenario that, for a one-hour averaging period, assumes operating conditions for the facility that would result in the highest concentration of sulphur dioxide at a point of impingement that the facility is capable of when acid gas is flaring at the facility. O. Reg. 109/18, s. 3 (2). (1.2) In order to determine, for the purposes of subsection (1.1), which scenario will result in the highest concentration of sulphur dioxide at a point of impingement, only scenarios composed of one or more of the following types of scenarios shall be considered: 1. A scenario that assumes operating conditions that can occur when no sulphur recovery unit at the facility is operating and the flare system is receiving the mass flow rate of sulphur that would otherwise have been processed by all of the sulphur recovery units at the facility. 2. Any other scenario that can occur at the facility when acid gas is flaring at the facility. O. Reg. 109/18, s. 3 (2). (1.3) For the purposes of paragraph 1 of subsection (1.2), the mass flow rate of sulphur corresponds to the lower of, (a) the maximum combined processing capacity of all sulphur recovery units at the facility; and (b) the maximum combined processing capacity imposed by law, if any, of all of the sulphur recovery units at the facility. O. Reg. 109/18, s. 3 (2). (1.4) The Director may, by written notice, require a person making a determination for the purposes of subsection (1.1) to consider a scenario specified in the notice if the scenario is a type of scenario mentioned in subsection (1.2) and the Director is of the opinion that the specified scenario may result in the highest concentration of sulphur dioxide at a point of impingement that a facility is capable of when acid gas is flaring at the facility. O. Reg. 109/18, s. 3 (2). (1.5) In order to determine, for the purposes of paragraph 1 of subsection (1), which scenario would result in the highest concentration of the relevant contaminant at a point of impingement that a facility is capable of, only scenarios composed of one or more of the following types of scenarios shall be considered: 1. Scenarios that assume operating conditions that can occur when the operation of the facility or part of the facility is being increased from an inoperative state to normal operating conditions. 2. Scenarios that assume operating conditions that can occur when the operation of the facility or part of the facility is being decreased from normal operating conditions to an inoperative state. 3. Scenarios that assume operating conditions that can occur when the facility or part of the facility is operating at its maximum design capacity. 4. Subject to subsection (1.6), any other scenario that assumes operating conditions that can occur at the facility. O. Reg. 109/18, s. 3 (2). (1.6) The reference in paragraph 4 of subsection (1.5) to “any other scenario” does not include a scenario that assumes operating conditions that would occur if the facility or part of the facility were to fail to operate in a normal manner. O. Reg. 109/18, s. 3 (2). (1.7) For greater certainty, an operating condition mentioned in subsection (1.6) may be designed to occur or not designed to occur. O. Reg. 109/18, s. 3 (2). (1.8) The Director may, by written notice, require a person making a determination for the purposes of paragraph 1 of subsection (1) to consider a scenario specified in the notice if the scenario is a type of scenario mentioned in subsection (1.5) and the Director is of the opinion that the specified scenario may result in the highest concentration of the contaminant at a point of impingement that a facility is capable of. O. Reg. 109/18, s. 3 (2). (1.9) Despite subsection (1.5), the Director may, by written notice, require a person making a determination for the purposes of paragraph 1 of subsection (1) to consider a scenario specified in the notice that is not of a type mentioned in subsection (1.5) for an averaging period specified in the notice, if the Director is of the opinion that at least one of the following criteria is met: 1. There may be an acute effect associated with a contaminant discharged during the scenario. 2. The scenario may occur too frequently and permit discharges of a contaminant that may, i. result in a contravention of section 19 or 20 if the scenario were considered in making a determination for the purposes of paragraph 1 of subsection (1), or ii. in the case of a contaminant in respect of which neither section 19 nor 20 applies, cause an adverse effect. O. Reg. 109/18, s. 3 (2). (1.10) If, in preparing or updating a report in accordance with section 26, a person considered a scenario of a type not mentioned in subsection (1.5) and included a description of that scenario in the report in accordance with paragraph 6 of subsection 26 (1), the Director is deemed to have given written notice requiring the person to consider that scenario for the purpose of making a determination under paragraph 1 of subsection (1). O. Reg. 109/18, s. 3 (2). (1.11) A person who receives notice from the Director under subsection (1.4), (1.8) or (1.9) shall, if required to do so in the notice, provide the Director with the following information: 1. A description of how the person carried out the consideration required by the notice. The description may refer to the use of assumptions, estimates, calculations and models. 2. If the notice specified that the consideration was to be carried out using an approved dispersion model, the approved dispersion model that was used. 3. A determination by the person as to whether the scenario specified in the notice will result in the highest concentration of a contaminant at a point of impingement that the facility is capable of. 4. If the person determines that the scenario specified in the notice will not result in the highest concentration of a contaminant at a point of impingement that the facility is capable of, an explanation of which other scenario was determined to result in such a concentration of the contaminant and a justification of the determination. O. Reg. 109/18, s. 3 (2). (2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of a contaminant requiring that an approved dispersion model that is used for the purposes of this Part be used with the scenario described in paragraph 2 of subsection (1) and in accordance with the notice, if, (a) the Director has reasonable grounds to believe that the person may contravene section 19 or 20; or (b) sections 19 and 20 do not apply to discharges of the relevant contaminant and the Director has reasonable grounds to believe that the person has discharged or caused or permitted a discharge of the relevant contaminant into the air and that the discharge may cause an adverse effect.  O. Reg. 419/05, s. 10 (2); O. Reg. 516/07, s. 6 (2, 3); O. Reg. 507/09, s. 8 (2); O. Reg. 109/18, s. 3 (3). (3) Before the Director gives a person a notice under subsection (1.4), (1.8), (1.9) or (2), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.  O. Reg. 419/05, s. 10 (3); O. Reg. 109/18, s. 3 (4). (4) Paragraph 2 of subsection (1) and subsection (2) do not apply if the facility did not operate at any time during the year in which the model is being used or during the year preceding the year in which the model is being used.  O. Reg. 419/05, s. 10 (4).