Industry standards
 42. (1) Subject to subsection (2), this Part, except for this section and sections 24, 24.1, 27.1 and 38 to 41, does not apply to a person in respect of a facility and contaminant if one or more industry standards set out in the Technical Standards publication apply to the facility and the contaminant, and, (a) the facility is part of only one class identified by a NAICS code, and the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of all of the industry standards that apply to the facility and the contaminant; or (b) the facility is part of two or more classes that are identified by NAICS codes, industry standards apply to all of those classes and to the contaminant, and the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of all of those industry standards.  O. Reg. 507/09, s. 32 (1); O. Reg. 109/18, s. 10 (1). (2) This Part applies for the purposes of, (a) the determination of whether the Director may give a person a notice under section 24 or 27.1 or an order under section 24.1; and (b) the preparation of a report required by a notice under section 24 or 27.1 or an order under section 24.1. O. Reg. 109/18, s. 10 (2). (3) Sections 19 and 20 do not apply to a person in respect of a facility and contaminant if, (a) subsection (1) does not apply to the person in respect of the facility and the contaminant; (b) one or more industry standards set out in the Technical Standards publication apply to the facility and the contaminant; (c) the facility is part of only one class identified by a NAICS code or, (i) the facility is part of two or more classes that are identified by NAICS codes, and (ii) industry standards apply to all of those classes and to the contaminant; (d) the contaminant is listed in Schedule 7; (e) a regulation amending Schedule 2 or 3 with respect to the contaminant has been filed; and (f) it has been less than 12 months since the latest of, (i) the day the regulation referred to in clause (e) was filed, (ii) the day the first industry standard that applied to the facility and the contaminant was first set out in the Technical Standards publication, and (iii) the day this section came into force.  O. Reg. 507/09, s. 32 (1). (4) A person who uses an approved dispersion model for the purposes of this Part in respect of a facility and a contaminant is not required to consider a source of contaminant that discharges the contaminant if, (a) subsection (1) does not apply to the person in respect of the facility and the contaminant; (b) the source of contaminant is in a part of the facility that is a part of a class of facilities to which an industry standard applies in respect of the facility and the contaminant; and (c) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the industry standard, facility and contaminant.  O. Reg. 507/09, s. 32 (1). (5) A person shall comply with an industry standard set out in the Technical Standards publication in respect of a facility and a contaminant if, (a) subsection (1) or (4) applies to the person in respect of the facility and the contaminant; and (b) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the industry standard, the facility and the contaminant.  O. Reg. 507/09, s. 32 (1).