jswizzle3737/ontario_laws_and_regs huggingface dataset:
3.
 3. (1) This section sets out the rules governing the application of this Regulation with respect to an activity that is prescribed for the purposes of subsection 20.21 (1) of the Act by section 2 of this Regulation and that is also prescribed by another EASR regulation. (2) This Regulation applies with respect to an activity described in subsection (1) and the other EASR regulation is deemed not to apply with respect to the activity. (3) Despite subsection (2), this Regulation does not apply with respect to an activity described in subsection (1), and the other EASR regulation continues to apply with respect to the activity if, at the facility at which the activity is engaged in, all of the activities that may discharge a contaminant into the air are either, (a) activities described in subsection (1) that are all prescribed under a single other EASR regulation; or (b) activities described in clause (a) and activities that are exempt from subsection 9 (1) of the Act, other than activities that are exempt by operation of subsection 9 (4) of the Act. O. Reg. 13/17, s. 1. (4) Despite subsection (2), if the person engaging in an activity described in subsection (1) at a facility has registered the activity in the Registry before the day this Regulation came into force, this Regulation does not apply with respect to the activity and the other EASR regulation continues to apply with respect to the activity until the earlier of the following days: 1. The date, as set out in a confirmation of registration provided by the Director, on which a registration is in effect in respect of an additional activity in which the person engages at the facility and that is prescribed for the purposes of subsection 20.21 (1) of the Act under this Regulation. 2. January 31, 2027. Part II   Registration matters
PART II REGISTRATION MATTERS
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4.
 4. For the purposes of clause 20.17 (b) of the Act, January 31, 2027 is prescribed as the day on which an environmental compliance approval issued in respect of an activity prescribed by section 2 of this Regulation ceases to apply to the activity.
5.
 5. (1) This section applies to a person who, before January 31, 2027, registers an activity that is prescribed by section 2 in the Registry if, immediately before the person registers the activity in respect of a facility, an environmental compliance approval in respect of the activity is in effect. (2) Subject to sections 6 and 7, a person to whom this section applies shall, when registering the activity in the Registry, register all other activities prescribed by section 2 in which the person engages or proposes to engage at the facility.
6.
 6. A person who proposes to engage in an activity prescribed by section 2 that forms part of an undertaking to which Part II or II.1 of the Environmental Assessment Act applies shall not register the activity in the Registry until, (a) if a class environmental assessment approved under Part II.1 of that Act applies with respect to the undertaking and no order has been issued with respect to the proposed undertaking under section 16 of that Act, the day all requirements necessary to proceed with the undertaking under the class environmental assessment have been satisfied; or (b) in the case of any other undertaking, the day an approval is given under Part II of that Act to proceed with the undertaking.
7.
 7. (1) A person who proposes to engage in an activity prescribed by section 2 at a facility that is located in an area of development control within the Niagara Escarpment Planning Area shall not register the activity in the Registry before a development permit required under section 24 of the Niagara Escarpment Planning and Development Act has been issued in respect of the facility. (2) In this section, “Niagara Escarpment Planning Area” has the same meaning as in the Niagara Escarpment Planning and Development Act.
8.
 8. The following information shall be filed in the Registry under subsection 2 (1) of Ontario Regulation 245/11 (Registrations Under Part II.2 of the Act — General) made under the Act: 1. The Emissions Summary Table required under section 12 of this Regulation to be included in the EASR ESDM report in respect of the facility at which the activity is engaged in. 2. If an acoustic assessment has been conducted in respect of that facility, the Acoustic Assessment Summary Table required under Chapter 3 of the EASR publication for the purposes of sections 21 and 22 of this Regulation.
9.
 9. (1) If an application for approval to engage in an activity mentioned in subsection 9 (1) of the Act was submitted to the Director on or before December 31, 2016 and the Director did not make a decision with respect to the application before that day, (a) the application is exempt from subsection 20.2 (3) of the Act; and (b) the application is exempt from subsection 20.3 (2) of the Act. (2)  A person who is engaging in an activity in respect of which an application for approval described in subsection (1) has been made is exempt from subsection 20.21 (1) of the Act until the earliest of the following days: 1. The day the person withdraws the application. 2. The day the Director refuses to issue an environmental compliance approval in respect of the activity. 3. If the Director issues an environmental compliance approval in respect of the activity, the day the approval ceases to apply in respect of the activity as determined under section 20.17 of the Act.
10.
 10. (1) This section applies with respect to a person who modifies or proposes to modify a facility if the modification involves an activity prescribed by section 2. (2) Subject to subsection (3), the person is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if, (a) the activity is engaged in at a facility in respect of which the person has previously registered an activity prescribed by section 2 of this Regulation; and (b) the registration in respect of the previously registered activity has been neither suspended nor removed from the Registry. (3) Subsection (2) does not apply if the previous registration was filed in respect of an activity that is prescribed by another EASR regulation. Part III   Activity Requirements - Clause 20.21 (1) (c) of the Act Air
PART III ACTIVITY REQUIREMENTS - CLAUSE 20.21 (1) (C) OF THE ACT
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Air
nan
12.
 12. (1) The following are the requirements for an EASR ESDM report: 1. It must be dated, signed and sealed by a licensed engineering practitioner and set out the practitioner’s name and licence number. 2. The information in the report must be accurate as of the date it is signed and sealed. 3. It must set out the primary NAICS code and any other applicable NAICS codes for the facility. 4. It must be prepared in accordance with section 26 of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act, subject to subsection (2) of this section, using one or more approved dispersion models in accordance with subsection 6 (1) of that Regulation. The approved dispersion models must be used in accordance with sections 9 to 17 of that Regulation. 5. It must demonstrate that the concentration of each contaminant discharged or proposed to be discharged from the facility into the air, predicted by the approved dispersion model for the point of impingement with the highest concentration of the contaminant, meets one of the following criteria: i. If the contaminant is identified in the ACB list as belonging to the category “Benchmark 1”, the concentration must be at or below the concentration for each specified averaging period set out for the contaminant in that document. ii. If the contaminant is identified in the ACB list as belonging to the category “Benchmark 2”, A. the concentration must be at or below the concentration for each specified averaging period set out for the contaminant in that document, or B. if the concentration is above the concentration for a specified averaging period set out for the contaminant in that document, the concentration must not be likely to cause an adverse effect for that averaging period. iii. If subparagraphs i and ii do not apply to the contaminant, the concentration must not be likely to cause an adverse effect for a specified averaging period that relates to the adverse effect. (2) The Emissions Summary Table described in paragraph 14 of subsection 26 (1) of Ontario Regulation 419/05 and required to be prepared under paragraph 4 of subsection (1) must include the following information in addition to the information required by Ontario Regulation 419/05: 1. With respect to each contaminant to which sections 19 and 20 of Ontario Regulation 419/05 do not apply in respect of an averaging period, a comparison between the concentration predicted by the approved dispersion model for the point of impingement with the highest concentration and the concentration for the contaminant set out in the ACB list. 2. The comparison described in paragraph 1 must be included for each averaging period set out for the contaminant in the ACB list. 3. The comparison described in paragraph 1 must be expressed as a percentage of the concentration set out in the ACB list.
14.
 14. (1) A person who engages in an activity prescribed by section 2 and who receives a notice from the Director under section 24 of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act shall prepare, not later than the date specified in the notice, (a) a new EASR ESDM report that meets the requirements of section 12; and (b) a new EASR ESDM report supplement that meets the requirements in section 13. (2) If the person is also required to update a report under subsection 25 (5) of Ontario Regulation 419/05, the person shall also prepare, in accordance with the timelines applicable to that subsection, (a) a new EASR ESDM report that meets the requirements of section 12; and (b) a new EASR ESDM report supplement that meets the requirements in section 13.
15.
 15. (1) The Director may give written notice to a person who engages in an activity prescribed by section 2 that involves a piece of combustion equipment listed in subsection 13 (2) requiring the person to submit to the Director the results of in-stack testing if no such results in respect of the piece of combustion equipment have previously been submitted to the Director. O. Reg. 1/17, s. 15 (1). (2) The Director may also give written notice to a person who engages in an activity prescribed by section 2 that involves a piece of combustion equipment listed in subsection 13 (2) requiring the person to submit to the Director the results of in-stack testing if the Director has reasonable grounds to believe that, (a) a discharge from the combustion equipment may cause an adverse effect; or (b) the combustion equipment is discharging a contaminant in an amount that is greater than the intensity rate or limit set out in Chapter 1 of the EASR publication for the contaminant and the combustion equipment. O. Reg. 1/17, s. 15 (2). (2.1) The Director may give written notice to a person who engages in an activity prescribed by section 2 that involves a combustion turbine requiring the person to submit to the Director the results of thermal efficiency testing in respect of combustion turbines. O. Reg. 274/21, s. 5 (1). (3) Before the Director gives a person a notice under this section, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given. O. Reg. 1/17, s. 15 (3). (4) A person to whom the Director has given written notice under subsection (1), (2) or (2.1) shall ensure that the in-stack testing or thermal efficiency testing is conducted in accordance with the Director’s notice and that the results are submitted not later than the date specified in the notice. O. Reg. 274/21, s. 5 (2). (5) In this section, “flue gas” means a gas that is generated by a combustion process; “in-stack testing” means the measurement of the amount of combustion contaminants in the flue gas of a piece of combustion equipment. O. Reg. 1/17, s. 15 (5). Noise
Noise
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16.
 16. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that the following requirements are complied with in respect of the facility at which the person engages in the activity: 1. At all times when engaging in the activity, a noise report that meets the requirements in sections 17 to 22 must be available at the facility. 2. A new noise report that meets the requirements in sections 17 to 22 must be prepared at least once every 10 years. 3. If a noise abatement action plan is prepared under subparagraph 8 v of subsection 17 (1), it must be implemented in accordance with its contents. 4. At all times when engaging in the activity, the person engaging in the activity must ensure that the facility is operating within the operational parameters, if any, set out in the noise report. However, this requirement does not apply if a noise abatement action plan is being implemented at the facility. 5. At all times when engaging in the activity, the person shall ensure that the combined sound level resulting from the sound discharged from the facility does not exceed the applicable sound level limit set out in Chapter 3 of the EASR publication at each affected point of noise reception. However, this requirement does not apply if a noise abatement action plan is being implemented at the facility. 6. At all times when engaging in the activity, the person engaging in the activity must ensure that the facility is implementing the noise control measures and procedures, if any, set out in the noise report. 7. Each record described in Chapter 3 of the EASR publication in respect of a source of sound must be prepared and retained at the facility for the period set out in that Chapter, or if no retention period is set out in that Chapter, for 20 years after its creation.
18.
 18. If the licensed engineering practitioner confirms that the criterion in subparagraph 8 i of subsection 17 (1) is met, the noise report must contain a drawing, made to scale, that shows Points A and B described in subsection 17 (2).
19.
 19. If the licensed engineering practitioner confirms that the criterion in subparagraph 8 ii of subsection 17 (1) is met, the noise report must contain the following: 1. Confirmation that the comparison of the actual separation distance and the minimum separation distance was performed in accordance with the Primary Noise Screening Method. 2. A copy of all the information used for the Primary Noise Screening Method and the results it generated.
20.
 20. If the licensed engineering practitioner confirms that the criterion in subparagraph 8 iii of subsection 17 (1) is met, the noise report must contain the following: 1. Confirmation that the combined sound levels were determined using the Secondary Noise Screening Method. 2. Confirmation that the affected points of noise reception were determined using the Secondary Noise Screening Method. 3. A copy of all the information used for the Secondary Noise Screening Method and the results it generated. 4. A description of any acoustical barrier used or proposed to be used with respect to each source of sound. 5. A description of the operational parameters that were determined for the purpose of the noise report, including, i. the facility’s maximum rates of production, process limits and performance limits, ii. parameters relating to equipment and infrastructure at the facility, iii. the time of day a source of sound is operating or is proposed to be operating, iv. the duration of time a source of sound is operating or is proposed to be operating, and v. whether the sound is tonal or non-tonal. 6. A description of the operating and maintenance procedures required to ensure that the facility is operating within the operational parameters referred to in paragraph 5. 7. A statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the licensed engineering practitioner in order to prepare the noise report was complete and accurate.
21.
 21. If the licensed engineering practitioner confirms that the criterion in subparagraph 8 iv of subsection 17 (1) is met, the noise report must contain the following: 1. The information and confirmations described in paragraphs 5 to 7 of section 20. 2. A description of each noise control measure or procedure used with respect to a source of sound in order to ensure that the sound level at each affected point of noise reception does not exceed the applicable sound level limits set out in Chapter 3 of the EASR publication. 3. Confirmation that the affected points of noise reception were determined in accordance with Chapter 3 of the EASR publication. 4. A description of the methods and procedures that were employed in preparing the report to ensure minimization of error and omissions. 5. The information required under Chapter 3 of the EASR publication, including the Acoustic Assessment Summary Table required under that Chapter.
22.
 22. If the licensed engineering practitioner confirms that the criterion in subparagraph 8 v of subsection 17 (1) is met, the noise report must contain the following: 1. The information and confirmations described in paragraphs 5 and 7 of section 20. 2. A description of each noise control measure or procedure used with respect to a source of sound. 3. Confirmation that the affected points of noise reception were determined in accordance with Chapter 3 of the EASR publication. 4. A description of the methods and procedures that were employed in preparing the report to ensure minimization of error and omissions. 5. The information required under Chapter 3 of the EASR publication, including the Acoustic Assessment Summary Table required under that Chapter. 6. A noise abatement action plan that describes the measures and procedures required to be implemented to prevent or minimize the sound discharged from the facility in order to ensure that the sound level at each affected point of noise reception does not exceed the applicable sound level limits set out in Chapter 3 of the EASR publication. 7. A schedule for implementing the noise control measures and procedures described in paragraph 6, including specific dates by which they will be implemented.
23.
 23. (1) The Director may give written notice to a person who engages in an activity prescribed by section 2 requiring the person to submit to the Director an acoustic audit report that meets the requirements in subsection (3) if the person discharges or causes or permits the discharge of sound into the air from a source of sound at the facility at which the person engages in the activity, and (a) the Director has reasonable grounds to believe that, (i) the discharge may cause an adverse effect, or (ii) the sound level resulting from the discharge at an affected point of noise reception is greater than the applicable sound level limit set out in Chapter 3 of the EASR publication; or (b) the most recent noise report in respect of the facility confirms that the criterion in subparagraph 8 iv or v of subsection 17 (1) is met. (2) Before the Director gives a person a notice under this section, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given. (3) The following are the requirements for an acoustic audit report: 1. It must be dated, signed and sealed by a licensed engineering practitioner and set out the practitioner’s name and licence number. 2. It must set out the primary NAICS code and any other applicable NAICS codes for the facility. 3. It must summarize the results of an acoustic audit conducted in accordance with the Director’s notice. 4. The licensed engineering practitioner who signs and seals the report must not be the same licensed engineering practitioner who signed and sealed the most recent noise report prepared for the purposes of paragraph 1 of section 16. (4) A person to whom the Director has given a notice under this section shall ensure that the acoustic audit report is prepared in accordance with the Director’s notice and submitted not later than the date specified in the notice. (5) For the purpose of this section, an acoustic audit must, (a) verify the sound level at one or more affected points of noise reception by, (i) measuring the sound level at the affected point of noise reception, or (ii) if it is not possible to measure the sound level at the affected point of noise reception, measuring the sound level at a point near to the affected point of noise reception and predicting the sound level at the affected point of noise reception; (b) confirm that the noise control measures and procedures set out in the noise report are being implemented; and (c) verify the sound level limits and affected points of noise reception set out in the noise report.
23.1
 23.1 (1) For the purposes of sections 16 to 23, an affected point of noise reception is deemed to be located in a Class 4 area, within the meaning of Chapter 3 of the EASR publication, if it is located in the area between the boundary of the site of the Salit Steel facility and a boundary that is, at every point, 500 metres outside the site boundary. O. Reg. 13/23, s. 1. (2) The site boundary mentioned in subsection (1) is the boundary set out in the map dated January 11, 2023, entitled “Salit Steel Site Boundary, 2019” and on file at the Niagara District Office of the Ministry located at 301 St. Paul Street, St. Catharines. O. Reg. 13/23, s. 1. (3) In this section, “Salit Steel facility” means the facility located at 7771 Stanley Avenue, Niagara Falls in respect of which activities are registered in the Registry in accordance with registration number R-010-5111971633 filed on January 30, 2020. O. Reg. 13/23, s. 1. Odour
Odour
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25.
 25. The following are the requirements for an odour screening report: 1. It must set out the name of the person who completed it and must be dated and signed by that person. 2. The information in the report must be accurate as of the date the report is completed. 3. It must set out the primary NAICS code and, if applicable, the secondary NAICS code for the facility. 4. It must set out the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name. 5. If the person who operates the facility is not an owner, the odour screening report must set out the legal name of each person who operates the facility and the name under which each operator carries on business, if it is not the operator’s legal name. 6. It must set out the site address of the facility. 7. It must include a description of any of the circumstances set out in paragraph 3 or 5 of section 24 that exist in respect of the facility.
26.
 26. The following are the requirements for a best management practices plan for odour: 1. It must be dated, signed and sealed by a licensed engineering practitioner and set out the practitioner’s name and licence number. 2. The information in the plan must be accurate as of the date it is signed and sealed. 3. It must contain a statement by the licensed engineering practitioner mentioned in paragraph 1 confirming that, based on the information provided to the practitioner, the information in the plan is accurate as of the date it is signed and sealed. 4. It must contain a statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the licensed engineering practitioner in order to prepare the plan was complete and accurate. 5. It must set out the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name. 6. If the person who operates the facility is not an owner, the plan must set out the legal name of each person who operates the facility and the name under which each operator carries on business, if it is not the operator’s legal name. 7. It must set out the site address of the facility. 8. It must set out the following with respect to each source of odour at the facility, including each fugitive source of odour: i. Potential causes for occasional increases in the discharge of odour from the source into the air. ii. If the best management practices plan for odour is the first such plan prepared in respect of the facility, confirmation that the terms or conditions, if any, relating to the control of the discharge of odour from the facility included in an environmental compliance approval that was in effect immediately before the registration in the Registry of an activity engaged in at the facility were considered in the preparation of the best management practices plan for odour. iii. Measures and procedures implemented at the facility to prevent or minimize the discharge of odour from the source into the air. iv. Inspection, maintenance and monitoring procedures to ensure the adoption and continued implementation of measures and procedures to prevent or minimize the discharge of odour from the source into the air. v. Identification of additional measures and procedures that should be implemented at the facility to prevent or minimize the discharge of odour from the source into the air, if any, including: A. A
description of the additional measures to be implemented. B. A
description of the additional preventative procedures to be implemented. C. If the additional preventative procedures are to be implemented periodically, the frequency with which the procedures are to be implemented. D. A schedule for the implementation of the additional measures, including training of workers. E. Inspection, maintenance and monitoring procedures to ensure the adoption and continued implementation of the measures and procedures.
27.
 27. The following are the requirements for an odour control report: 1. It must be dated, signed and sealed by a licensed engineering practitioner and set out the practitioner’s name and licence number. 2. The information in the report must be accurate as of the date it is signed and sealed. 3. It must contain a statement by the licensed engineering practitioner mentioned in paragraph 1 confirming that, based on the information provided to the practitioner, the information in the report is accurate as of the date it is signed and sealed. 4. It must contain a statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the licensed engineering practitioner in order to prepare the report was complete and accurate. 5. It must set out the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name. 6. If the person who operates the facility is not an owner, the report must set out the legal name of each person who operates the facility and the name under which each operator carries on business, if it is not the operator’s legal name. 7. It must set out the site address of the facility. 8. It must set out the following: i. A list of the measures and procedures that are used in similar facilities, including facilities in other jurisdictions, to prevent or minimize the discharge of odour, including measures and procedures such as the use of air pollution control technology and the implementation of changes to equipment, processes or materials. ii. An analysis of the measures and procedures identified under subparagraph i, and potential combinations of them, to determine which would be technically feasible to implement at the facility in order to prevent or minimize the discharge of odour. iii. A list of the measures and procedures or combinations that are determined under subparagraph ii to be technically feasible to implement at the facility and, for each measure or procedure that is not included in the best management practices plan for odour, an explanation of why that measure or procedure is not necessary to adequately prevent or minimize the discharge of odour from the facility. iv. An explanation of why the measures and procedures set out in the best management practices plan for odour are adequate to prevent or minimize the discharge of odour from the facility.
28.
 28. (1) The Director may give written notice to a person who engages in an activity prescribed by section 2 requiring the person to submit to the Director a best management practices plan for odour that meets the requirements in section 26 if the person discharges or causes or permits the discharge of odour into the air, and, (a) the Director has reasonable grounds to believe that the discharge may cause an adverse effect; and (b) either, (i) the person is not otherwise required to prepare a best management practices plan for odour under subparagraphs 3 i to iv of section 24, or (ii) the best management practices plan for odour did not include the source of the odour. (2) Before the Director gives a person a notice under this section, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given. (3) The best management practices plan for odour required under subsection (1) must be prepared in accordance with the Director’s notice and must be submitted not later than the date specified in the notice. Fugitive Dust
Fugitive Dust
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Notice to submit best management practices plan for fugitive dust control
 30. (1) The Director may give written notice to a person who engages in an activity prescribed by section 2 requiring the person to submit to the Director a best management practices plan for fugitive dust control that meets the requirements in subsection 29 (2) if, (a) the person discharges or causes or permits the discharge of fugitive dust into the air; (b) the Director has reasonable grounds to believe that the discharge may cause an adverse effect; and (c) either, (i) the most recent EASR ESDM report in respect of the facility at which the person engages in the activity does not identify the source of fugitive dust, or (ii) the best management practices plan for fugitive dust control does not identify the source as a significant source of fugitive dust. (2) Before the Director gives a person a notice under this section, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given. (3) A person to whom the Director has given written notice under subsection (1) shall, (a) ensure that the best management practices plan is prepared in accordance with the Director’s notice and submitted not later than the date specified in the notice; and (b) comply with the requirements in subsection 29 (1) in respect of the best management practices plan. Other Activity Requirements
Other Activity Requirements
nan
Small wood-fired combustors
 31. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation that involves a small wood-fired combustor shall ensure that the following requirements are met: 1. The small wood-fired combustor must use an automated wood fuel feed system that meets the criteria set out in Chapter 5 of the EASR publication. 2. A wood fuel management plan in respect of the small wood-fired combustor must be prepared and implemented in accordance with Chapter 5 of the EASR publication. 3. The small wood-fired combustor must meet the design criteria set out in Chapter 5 of the EASR publication. 4. The small wood-fired combustor must be operated within the operational parameters set out in Chapter 5 of the EASR publication. 5. The operational parameters set out in Chapter 5 of the EASR publication must be measured using the measurement methods set out in that Chapter. 6. A statement setting out the results of an installation test in respect of the small wood-fired combustor conducted in accordance with Chapter 5 of the EASR publication must be available at all times when engaging in the activity. 7. A performance assessment of the small wood-fired combustor must be conducted in accordance with Chapter 5 of the EASR publication at least once per year, and the results of each assessment must be recorded. 8. Each record described in Chapter 5 of the EASR publication in respect of the small wood-fired combustor must be prepared and retained at the facility for the period set out in that Chapter or, if no retention period is set out in that Chapter, for 20 years after its creation.
Combustion turbines
 31.1 For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation that involves a combustion turbine shall ensure that the following requirements are met: 1. The combustion turbine must be operated within the operational parameters set out in Chapter 6 of the EASR publication. 2. The operational parameters set out in Chapter 6 of the EASR publication must be measured using the measurement methods set out in that Chapter. 3. A statement setting out the results of an installation test in respect of the combustion turbine conducted in accordance with Chapter 6 of the EASR publication must be available at all times when engaging in the activity. 4. A performance assessment of the combustion turbine must be conducted in accordance with Chapter 6 of the EASR publication at least once every two years, and the results of each assessment must be recorded. 5. Each record described in Chapter 6 of the EASR publication in respect of the combustion turbine must be prepared and retained at the facility for the period set out in that Chapter or, if no retention period is set out in that Chapter, for 20 years after its creation. O. Reg. 274/21, s. 6.
Modifications to facility — requirement re reports
 32. (1) Subject to subsections (2) and (3), a person who engages in an activity prescribed by section 2 shall ensure that before a modification is made to the facility at which the person engages in the activity, the person has available at the facility, (a) an EASR ESDM report that reflects the proposed modification and that meets the requirements in section 12; (b) an EASR ESDM report supplement that reflects the proposed modification and that meets the requirements in section 13; (c) a noise report that reflects the proposed modification and that meets the requirements in sections 17 to 22; and (d) an odour screening report that reflects the proposed modification and that meets the requirements in section 25. (2) Clauses (1) (a) and (b) do not apply if a licensed engineering practitioner provides the person engaging in the activity with an addendum to the most recent EASR ESDM report setting out, (a) a description of the proposed modification; and (b) an explanation about why the licensed engineering practitioner is of the opinion that the information in the most recent EASR ESDM report and EASR ESDM report supplement will remain accurate after the modification is made. (3) Clause (1) (c) does not apply if a licensed engineering practitioner provides the person engaging in the activity with an addendum to the most recent noise report setting out, (a) a description of the proposed modification; and (b) an explanation about why the licensed engineering practitioner is of the opinion that the information in the most recent noise report will remain accurate after the modification is made. (4) Each addendum mentioned in subsections (2) and (3) must be dated and signed by the licensed engineering practitioner who provides it. (5) For greater certainty, (a) an EASR ESDM report or an EASR ESDM report supplement prepared for the purpose of subsection (1) does not satisfy the requirements in paragraphs 1 to 3 of subsection 11 (1) until the facility is modified as set out in the report; (b) a noise report prepared for the purpose of subsection (1) does not satisfy the requirements in paragraphs 1 and 2 of section 16 until the facility is modified as set out in the report; and (c) an odour screening report prepared for the purpose of subsection (1) does not satisfy the requirements in paragraphs 1 and 2 of section 24 until the facility is modified as set out in the report. (6) An Emissions Summary Table prepared as part of an EASR ESDM report for the purpose of subsection (1) may be filed in the Registry for the purpose of section 8.
Procedures
 33. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that the following procedures are developed and implemented at the facility at which the person engages in the activity: 1. Operating, maintenance and monitoring procedures to ensure that the facility is operating within the operational parameters set out in the EASR ESDM report supplement in respect of the facility. The procedures must be developed and implemented having regard to the operating and maintenance procedures set out in the EASR ESDM report supplement and must include any recommendations from the manufacturers of sources of contaminant or of equipment related to sources of contaminant. 2. Operating, maintenance and monitoring procedures to ensure that the facility is operating within the operational parameters, if any, set out in the noise report in respect of the facility. The procedures must be developed and implemented having regard to the operating and maintenance procedures set out in the noise report and must include any recommendations from the manufacturers of sources of sound or of equipment related to sources of sound. 3. If a noise report in respect of the facility indicates that a noise abatement action plan referred to in subparagraph 8 v of subsection 17 (1) is being implemented at the facility, procedures to ensure that the noise abatement action plan is implemented. 4. Procedures setting out the frequency of inspections and scheduled preventative maintenance of sources of contaminant at the facility and equipment related to the sources of contaminant. 5. Procedures for record-keeping activities and logs relating to the operating, maintenance and monitoring procedures and plans. 6. Procedures to prevent and respond to spills from sources of contaminant. 7. Procedures for training persons who operate and maintain sources of contaminant and the equipment related to sources of contaminant. 8. Procedures for recording and responding to complaints that relate to the facility and the natural environment.
Complaints
 34. A person who engages in an activity prescribed by section 2 and who receives a complaint that relates to the discharge of a contaminant into the air from the facility at which the person engages in the activity shall ensure that the Ministry’s Spills Action Centre is immediately notified of the complaint. Part IV   Miscellaneous
Form of reports, etc.
 36. With respect to any report, plan, table or log that a person is required to prepare or any method that a person is required to use under this Regulation, (a) if the Director has approved a form the person shall prepare or use it in that form; and (b) if the Director has specified an electronic format the person shall prepare or use it in that format. 37. Omitted (provides for coming into force of provisions of this Regulation). Schedule