Monitoring in the cement and base metal smelting sectors
 48. (1) In addition to any other monitoring requirements in this Regulation, the owner of a facility in the cement sector to which section 45 applies shall ensure that emissions of nitrogen oxides from any kiln located at the facility are monitored during the year with,   (a) a continuous emissions monitoring system installed and operated in accordance with Report EPS 1/PG/7; or (b) a method that, in the opinion of the Director, will provide estimates of nitrogen oxides emissions that are at least as accurate as the estimates that would be provided by a continuous emission monitoring system referred to in clause (a).  O. Reg. 194/05, s. 48 (1). (2) In addition to any other monitoring requirements in this Regulation, the owner of a facility to which section 46 applies and which is listed in Table 10 shall ensure that emissions of sulphur dioxide from any source set out in Table 10 and located at the facility are monitored during the year with, (a) a continuous emissions monitoring system installed and operated in accordance with Report EPS 1/PG/7; or (b) a method that, in the opinion of the Director, will provide estimates of sulphur dioxide emissions at least as accurate as the estimates that would be provided by a continuous emission monitoring system referred to in clause (a).  O. Reg. 194/05, s. 48 (2). (3) The owner of a facility to which this section applies shall ensure that the continuous emission monitoring system that is selected meets the design specifications set out in Table 1 of Report EPS 1/PG/7 and the performance standards set out in Table 3 of Report EPS 1/PG/7.  O. Reg. 194/05, s. 48 (3). (4) For the purpose of this section and despite subsection 3.4.1 of Report EPS 1/PG/7, emission data that are missing because of a malfunction of the continuous emission monitoring system may be substituted using data derived from operating parameter correlations for a period of up to 168 hours for any single episode of malfunctioning.  O. Reg. 194/05, s. 48 (4). (5) The owner of a facility to which this section applies shall, not later than September 1, 2005, notify the Director of, (a) whether the emissions of nitrogen oxides from kilns located at the facility will be monitored in accordance with clause (1) (a) or (b); (b) whether the emissions of sulphur dioxide from kilns located at the facility will be monitored in accordance with clause (2) (a) or (b); (c) the continuous emission monitoring system selected to monitor emissions of nitrogen oxides, if nitrogen oxides emissions are to be monitored in accordance with clause (1) (a); and (d) the continuous emission monitoring system selected to monitor emissions of sulphur dioxide if sulphur dioxide emissions are to be monitored in accordance with clause (2) (a).  O. Reg. 194/05, s. 48 (5). (6) If the emissions of nitrogen oxides or sulphur dioxide from a facility to which this section applies are monitored with a continuous emission monitoring system, the owner of the facility shall, not later than January 1, 2006, submit to the Director a report from an independent third party in which the third party certifies that, (a) the continuous emission monitoring system meets the performance specifications listed in Table 3 of Report EPS 1/PG/7; and (b) a quality assurance and quality control manual in respect of the continuous emission monitoring system that meets the requirements of section 6.1 of Report EPS 1/PG/7 has been developed.  O. Reg. 194/05, s. 48 (6). (7) The owner of a facility to which this section applies shall, not later than March 1, 2007 and March 1 of each subsequent year submit a report to the Director from an independent third party that sets out the results of the evaluation conducted in accordance with section 6.4 of Report EPS 1/PG/7.  O. Reg. 194/05, s. 48 (7). (8) The owner of a facility to which this section applies shall give the Director written notice of any malfunction of the continuous emission monitoring system that lasts longer than seven consecutive days not later than the eighth day following the start of the system malfunction.  O. Reg. 194/05, s. 48 (8). (9) The owner of a facility to which subsection (3) applies shall give the Director written notice setting out changes made to the any part of the continuous emission monitoring system, including to the quality assurance and quality control manual as soon as possible after the changes are made.  O. Reg. 194/05, s. 48 (9). (10) Subsection (2) does not apply to the facility listed as “Inco, Sudbury” in Table 10, if the emissions of sulphur dioxide from the 381 metre stack and the 193 metre stack located at the facility and referred to in an Order issued to Inco Limited by the Director under sections 7, 17, 18 and 124 of the Act on February 12, 2002 are monitored or calculated for the year in accordance with a method set out in the Order.  O. Reg. 194/05, s. 48 (10). (11) Subsection (2) does not apply to the facility listed as “Falconbridge, Sudbury” in Table 10, if the emissions of sulphur dioxide from the 93 metre stack located at the facility and referred to in an Order issued to Falconbridge Limited by the Director under sections 7, 17, 18 and 124 of the Act on February 12, 2002 are monitored or calculated for the year in accordance with a method set in the Order.  O. Reg. 194/05, s. 48 (11).