New facilities, initial applications — nitrogen oxides
 15. (1) The owner of a facility that is described in subsection (2) and that is not listed in Table 3 or 4 or is deemed not to be listed in Table 3 may apply to the Director for nitrogen oxides emission allowances in respect of the facility for any year after 2005 if, (a) the owner of a facility has applied under section 17 for a determination of the intensity rate that is to be applied to the facility; (b) the application under section 17 was made not more than three years before the application made under this section; and (c) nitrogen oxides emission allowances have not previously been acquired as a result of an application made under this section in respect of the facility.  O. Reg. 194/05, s. 15 (1). (2) This section applies in the following regulated sectors to facilities that first produced regulated product after January 1, 2005 and that meet the criteria described for each sector: 1. In the cement sector, a facility that has the capacity to produce more than 100,000 tonnes of clinker per year and that will emit more than 100 tonnes of nitrogen oxides in the year for which emission allowances are applied for. 2. In the flat glass sector, a facility that has the capacity to produce more than 50,000 tonnes of flat glass per year and that will emit more than 100 tonnes of nitrogen oxides in the year for which emission allowances are applied for. 3. In the iron and steel sector, a facility that has the capacity to ship more than 100,000 tonnes of steel per year and that will emit more than 100 tonnes of nitrogen oxides in the year for which emission allowances are applied for. 4. In the petroleum sector, a facility that has the capacity to refine more than 50,000 barrels of crude oil per day or process more than 20,000 barrels per day of petroleum feedstock to produce lubricating oils and greases and that will emit more than 100 tonnes of nitrogen oxides in the year for which emission allowances are applied for. 5. In the pulp and paper sector, a facility that has the capacity to produce more than 100,000 air dried tonnes of pulp per year and that will emit more than 100 tonnes of nitrogen oxides in the year for which emission allowances are applied for.  O. Reg. 194/05, s. 15 (2). (3) This section does not apply to a replacement facility.  O. Reg. 194/05, s. 15 (3). (4) An application under this section must be made not later than June 1 in the year preceding the year for which emission allowances are applied for.  O. Reg. 194/05, s. 15 (4). (5) An application may be made under this section by the owner of a facility that has not yet begun to produce a regulated product.  O. Reg. 194/05, s. 15 (5). (6) For each facility for which an application for nitrogen oxides emission allowances is made in accordance with this section, the Director shall determine the following amount: A × B where, A = the intensity rate determined by the Director in accordance with section 17 for the facility, B = the average annual production that the owner of the facility estimates, or is deemed to estimate, in accordance with subsection 6 (2) will be produced by the facility. O. Reg. 194/05, s. 15 (6). (7) For each facility in the cement sector, the flat glass sector, the iron and steel sector or the pulp and paper sector for which an application for nitrogen oxides emission allowances is made in accordance with this section, the Director shall determine the following amount: A × C where, A = the intensity rate determined by the Director in accordance with section 17 for the facility, C = the deemed production determined under section 4 with respect to the facility. O. Reg. 194/05, s. 15 (7). (8) A facility to which clause 13 (2) (a) applies shall be deemed not to have produced regulated product on or before January 1, 2005.  O. Reg. 194/05, s. 15 (8).