Interpretation
 1. (1) In this Regulation, “ALCF application” means an application for approval under Part II.1 of the Act that is made in respect of the combustion of one or more alternative low-carbon fuels at an alternative low-carbon fuel site and that includes a written request for this Regulation to apply; “alternative low-carbon fuel” means a fuel that has a carbon dioxide emission intensity that is less than the carbon dioxide emission intensity of the coal or coke in the place of which the fuel is combusted and that meets one of the following two descriptions: 1. The fuel, i. is not derived from or composed of any material set out in Schedule 1, ii. is wholly derived from or composed of materials that are biomass or municipal waste or a combination of both, and iii. unless the fuel is wholly derived from or composed of materials that are solid biomass, has a high heat value of at least 10,000 megajoules per tonne. 2. The fuel is wholly derived from or composed of organic matter, not including peat or peat derivatives, derived from a plant or micro-organism and grown or harvested for the purpose of being used as a fuel; “alternative low-carbon fuel facility” means a facility, (a) that is designed to combust coal or coke for the primary purpose of manufacturing clinker, lime, iron, steel or metallurgical coke, and (b) at which alternative low-carbon fuel is combusted in the place of coal or coke; “alternative low-carbon fuel site” means a site at which an alternative low-carbon fuel facility is located; “biological carbon content” means, in respect of a fuel, the carbon content of the portion of the fuel, expressed in kilograms of carbon per tonne of fuel, that is composed of or derived from one or more of, (a) biomass, (b) organic matter that is not biomass but that is, (i) available on a renewable basis, (ii) derived from a plant, animal or micro-organism, and (iii) municipal waste, or (c) organic matter, not including peat or peat derivatives, that is derived from a plant or micro-organism and is grown or harvested for the purpose of being used as fuel; “biomass” means organic matter, other than source separated organics, that is derived from a plant or animal, is available on a renewable basis and meets one of the following descriptions: 1. It is waste from harvesting or processing agricultural products or waste from processing forestry products, including spent pulping liquor. 2. It is pulp and paper biosolids within the meaning of Ontario Regulation 267/03 (General) made under the
Nutrient Management Act, 2002. 3. It is sewage biosolids within the meaning of Ontario Regulation 267/03. 4. It is hauled sewage. 5. It is waste from the operation of a sewage works subject to the Ontario Water Resources Act. 6. It is woodwaste. 7. It is agricultural waste; “blue box waste” has the same meaning as in Ontario Regulation 101/94 (Recycling and Composting of Municipal Waste) made under the Act; “board area” means, when used in relation to a Local Services Board, the geographical area within which the Local Services Board may exercise its jurisdiction; “business day” means a day that is not a Saturday or a holiday within the meaning of section 87 of the Legislation Act, 2006; “carbon dioxide emission intensity” means, in respect of a fuel, the carbon dioxide emissions attributable to the fuel, determined in accordance with this Regulation, expressed in kilograms of carbon dioxide emissions per megajoule; “clinker” means the product of a Portland cement kiln from which finished cement is manufactured by milling and grinding; “coke” means metallurgical coke produced by a coke oven or petroleum coke; “combustion” includes thermal distillation in a coke oven; “demonstration project” means a project that, (a) involves the combustion of alternative low-carbon fuel for the purpose of manufacturing clinker, lime, iron, steel or metallurgical coke at an alternative low-carbon fuel site, and (b) is carried out for the primary purpose of assisting in the design or assessing the merits of or substantiating and showing the merits of a technology for the combustion described in clause (a); “Director” means, (a) the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears, or (b) if no Director described in clause (a) has been appointed, any Director appointed under section 5 of the Act in respect of Part II.1 of the Act; “high heat value” means, in respect of a fuel, the amount of heat energy released by the combustion of the fuel, including the latent heat of vaporization of water embedded in the fuel, expressed in megajoules per tonne; “iron” means liquid iron produced by a blast furnace; “leaf and yard waste” has the same meaning as in Ontario Regulation 101/94 (Recycling and Composting of Municipal Waste) made under the Act; “licensed engineering practitioner” means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act; “Local Services Board” has the same meaning as in the Northern Services Boards Act; “metallurgical coke” means coke produced, in whole or in part, from coal in a coke oven; “municipal hazardous or special waste” has the same meaning as in Ontario Regulation 387/16 (Municipal Hazardous or Special Waste) made under the Waste Diversion Transition Act, 2016; “NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time; “non-biological carbon content” means, in respect of a fuel, the carbon content, expressed in kilograms of carbon per tonne of fuel, of the portion of the fuel that is not composed of or derived from any material mentioned in the definition of “biological carbon content”; “planning board” means a planning board established under section 9 or 10 of the Planning Act; “prescribed chemical analysis method” means a chemical analysis method set out in, (a) the guideline entitled “Guideline for Quantification, Reporting and Verification of Greenhouse Gas Emissions”, as amended from time to time, that is published by the Ministry and available on a website of the Government of Ontario, or (b) a publication published by, (i) ASTM International, (ii) American National Standards Institute, (iii) American Petroleum Institute, (iv) Canadian General Standards Board, (v) CSA Group, (vi) Gas Processors Association, (vii) International Organization for Standardization, or (viii) Measurement Canada; “proponent” means a person proposing to engage in the combustion of one or more alternative low-carbon fuels at an alternative low-carbon fuel site; “source separated organics” means organic waste that has been separated at the source from other waste under a program operated by or for a municipality; “spill” has the same meaning as in section 91 of the Act; “steel” means molten steel produced by an electric arc furnace or basic oxygen furnace but does not include molten steel produced by an electric arc furnace at a foundry that primarily engages in pouring molten steel into moulds to manufacture finished steel casting products; “total carbon content” means, in respect of a fuel, the biological carbon content and the non-biological carbon content of the fuel, expressed in kilograms of carbon per tonne; “used tires” has the same meaning as in Ontario Regulation 390/16 (Used Tires) made under the Waste Diversion Transition Act, 2016; “waste” has the same meaning as in Part V of the Act; “waste electrical and electronic equipment” has the same meaning as in Ontario Regulation 389/16 (Waste Electrical and Electronic Equipment) made under the Waste Diversion Transition Act, 2016. O. Reg. 392/16, s. 1; O. Reg. 824/21, s. 1. (2) In this Regulation, the following words and expressions have the same meanings as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act: 1. Agricultural waste. 2. Anaerobic digestion output. 3. Asbestos waste. 4. Composting. 5. Hauled sewage. 6. Hazardous waste. 7. Ignitable waste. 8. Industrial waste. 9. Liquid waste. 10. Municipal waste. 11. Site. 12. Woodwaste. (3) For the purposes of this Regulation, two properties are adjacent to each other if the boundary of one property touches or, were it not for an intervening highway, road allowance, railway line, railway allowance or utility corridor, would touch the boundary of the other property. (4) For the purposes of this Regulation, if only organic matter described in paragraph 2 of the definition of “alternative low-carbon fuel” in subsection (1) is mixed with biomass, the resulting mixture is deemed to be wholly derived from or composed of materials that are biomass. (5) In this Regulation, any reference to an alternative low-carbon fuel site or an alternative low-carbon fuel facility includes a proposed site or facility.