jswizzle3737/ontario_laws_and_regs huggingface dataset:
Designation
 2. Alternative low-carbon fuel that meets the description set out in paragraph 1 of the definition of “alternative low-carbon fuel” in subsection 1 (1) is designated as a waste.
Exemption from s. 27 of Act
 3. (1) Section 27 of the Act does not apply to the use, operation, establishment, alteration, enlargement or extension of an alternative low-carbon fuel site if the following conditions are satisfied: 1. An ALCF application was made and an environmental compliance approval is in effect, including a statement by the Director that this section applies in respect of the site. 2. The use, operation, establishment, alteration, enlargement or extension is carried out in relation to one or more of the following activities at the site respecting fuel described in paragraph 1 of the definition of “alternative low-carbon fuel” in subsection 1 (1): i. Collection of the fuel. ii. Storage of the fuel, if the following conditions are met: A. None of the fuel is stored for more than 18 months. B. The maximum amount of the fuel stored is the amount that is reasonably capable of being combusted at the site during a period of six months. C. The fuel stored is to be combusted at the site. iii. Drying of the fuel using the heat generated from the process of manufacturing clinker, lime, iron, steel or metallurgical coke. iv. Removal of incidental amounts of non-combustible materials from the fuel. v. Size reduction of the fuel. vi. Blending of the fuel with coal, coke or any other fuel. vii. Combustion of the fuel. (2) If, under subsection (1), section 27 of the Act does not apply to the use, operation, establishment, alteration, enlargement or extension of an alternative low-carbon fuel site in relation to an activity set out in paragraph 2 of subsection (1), sections 40 and 41 of the Act do not apply in respect of the alternative low-carbon fuel in respect of which the activity is engaged.
Approval, conditions
 4. The Director shall not issue an environmental compliance approval in respect of an ALCF application unless the following conditions are satisfied: 1. The application includes a carbon dioxide emission intensity report in respect of every alternative low-carbon fuel proposed to be combusted at the site, prepared in accordance with section 11, that includes a statement that the carbon dioxide emission intensity of each alternative low-carbon fuel is less than the carbon dioxide emission intensity of the coal or coke in the place of which the alternative low-carbon fuel is proposed to be combusted. 2. If the application is in respect of a demonstration project, i. the application includes written notice to the Director that specifically mentions that the application is in respect of a demonstration project, and ii. the Director is satisfied that the following criteria will be met: A. 200 tonnes or less of alternative low-carbon fuel described in paragraph 1 of the definition of “alternative low-carbon fuel” in subsection 1 (1), other than fuel that is wholly derived from or composed of one or both of woodwaste or agricultural waste, will be combusted on any day for the purposes of the demonstration project. B. The demonstration project will not be engaged in, 1. at any time after three years from the day that alternative low-carbon fuel is first combusted for the purposes of the demonstration project, 2. for more than a total of 90 days in any 12-month period, and 3. for more than 30 consecutive days. 3. If the application is not in respect of a demonstration project, the application includes a statement by the proponent confirming that the proponent has complied with the notice and consultation requirements in this Regulation and that a copy of the consultation report prepared in accordance with section 8 or 8.1, as the case may be, is available on the proponent’s website and will be provided to a person who requests it. O. Reg. 79/15, s. 4; O. Reg. 824/21, s. 2.
Non-demonstration project, consultation report
 8. (1) Before submitting an ALCF application that is not in respect of a demonstration project, the proponent shall prepare and make available to the public on the proponent’s website a copy of a written consultation report containing the information set out in subsection (2) and shall provide a copy of it to a person who requests it. (2) The consultation report shall contain the following information: 1. A description of the consultations carried out. 2. Summaries of the information provided at the public meetings by the proponent, copies of all written comments submitted and records of oral comments made, either at public meetings or by other means. 3. A summary of discussions that the proponent had with aboriginal communities, copies of all written comments submitted and records of oral comments made by aboriginal communities, either at public meetings or by other means. 4. A description of what the proponent did to respond to concerns expressed in the course of the consultations. 5. Copies of notices, reports and other materials prepared for and used in the public meetings.
Sampling and analysis, coal or coke
 9. (1) The carbon dioxide emission intensity of coal or coke, rounded to three significant digits, shall be determined according to the following formula: Carbon dioxide emission intensity = CCtotal
× 3.67/HHV where, CCtotal = the total carbon content of the coal or coke, HHV = the high heat value of the coal or coke. (2) For the purposes of subsection (1) and subject to subsection (4), the total carbon content and high heat value of coal or coke combusted at an alternative low-carbon fuel site shall be determined using the weighted average by mass of the total carbon content of samples, taken and analyzed in accordance with a prescribed chemical analysis method, of the coal or coke in the place of which alternative low-carbon fuel is proposed to be combusted. (3) The samples mentioned in subsection (2) shall, (a) only include samples taken and analyzed during the most recent six-month period during which the facility was operating before the determination is made; (b) include at least one sample taken and analyzed during each month of the six-month period mentioned in clause (a); (c) not include any samples taken more than 36 months before the determination is made; and (d) be representative of the coal or coke in the place of which alternative low-carbon fuel is proposed to be combusted. (4) For the purposes of subsection (1), if the manufacture of clinker, lime, iron, steel or metallurgical coke did not commence at an alternative low-carbon fuel facility on a day before the day on which the carbon dioxide emission intensity of the coal or coke is determined, (a) the total carbon content and high heat value of coal or coke may be determined by analyzing at least one sample that is representative of the coal or coke, in the place of which alternative low-carbon fuel is proposed to be combusted; or (b) the carbon dioxide emission intensity of the coal or coke is, (i) if there is only one type of coal or coke described in Column 1 of the Table to this section in the place of which alternative low-carbon fuel is proposed to be combusted, the number set out opposite the type in Column 2 of the Table, or (ii) if there is more than one type of coal or coke described in Column 1 of the Table to this section in the place of which alternative low-carbon fuel is proposed to be combusted, the weighted average by energy input of all of the relevant carbon dioxide emission intensities set out in Column 2 of the Table. TABLE  Item   Column 1 Type of coal or coke   Column 2 Carbon dioxide emission intensity 

  1.   Canadian bituminous coal   0.0855 

  2.   United States bituminous coal   0.0815 

  3.   Sub-bituminous coal   0.0903 

  4.   Anthracite coal   0.0863 

  5.   Petroleum coke   0.0826
Sampling and analysis, alternative low-carbon fuel
 10. (1) The carbon dioxide emission intensity of a fuel proposed to be combusted as an alternative low-carbon fuel, rounded to three significant digits, shall be determined according to the following formula: Carbon dioxide emission intensity = CCnon-bio
× 3.67/HHV where, CCtotal = the total carbon content of the coal or coke, HHV = the high heat value of the coal or coke. O. Reg. 79/15, s. 10 (1). (1.1) The total carbon content and high heat value of a fuel proposed to be combusted as an alternative low-carbon fuel shall be determined by using, (a) samples of the fuel taken and analyzed in accordance with subsection (2); or (b) data from published literature or third parties, that has been analyzed in accordance with a prescribed chemical analysis method, with respect to the fuel and the parameters required for the equation referred to in subsection (1). O. Reg. 824/21, s. 7 (1). (2) The samples of the fuel referred to in clause (1.1) (a) must be taken and analyzed in accordance with the following rules: 1. Only samples taken within 36 months before the determination is made shall be used. 2. One of the following methods shall be applied: i. Analysis in accordance with a prescribed chemical analysis method of at least one sample of the fuel. ii. Analysis in accordance with a prescribed chemical analysis method of at least one sample of each of the individual materials that the fuel is composed of or derived from, using a weighted average of the carbon content and high heat value of the individual materials. 3. The samples analyzed must provide results that are sufficiently representative of the fuel or individual materials and must allow for adequate characterization of the fuel or individual materials. O. Reg. 79/15, s. 10 (2); O. Reg. 824/21, s. 7 (2, 3). (3) If the amount of biological carbon content of a fuel is unknown, it shall be determined in accordance with the test methods set out in ASTM D-6866-12, “Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis”, published by ASTM International, as amended from time to time. O. Reg. 79/15, s. 10 (3).
Carbon dioxide emission intensity report
 11. (1) For the purposes of paragraph 1 of section 4, the proponent shall ensure that a written carbon dioxide emission intensity report is prepared by a licensed engineering practitioner, consisting of the following: 1. The name and address of the proponent. 2. The address of the alternative low-carbon fuel site and a map showing its location. 3. The primary NAICS code of the alternative low-carbon fuel facility and, if applicable, any secondary NAICS codes of the facility. 4. A description of the products, production processes and the types and quantity of the coal or coke and alternative low-carbon fuel proposed to be combusted at the site, including a description of the material the fuel is derived from or composed of. 5. The carbon dioxide emission intensity of the coal or coke in the place of which alternative low-carbon fuel is proposed to be combusted and of the alternative low-carbon fuel. 6. The calculation methods, analytical methods, sampling dates and analysis results used to determine the carbon dioxide emission intensity of the coal or coke and of the alternative low-carbon fuel. 7. A statement by the licensed engineering practitioner who prepared the report, providing that, i. the carbon dioxide emission intensities of the coal or coke and of the alternative low-carbon fuel have been determined in accordance with this Regulation, and ii. the carbon dioxide emission intensity of the alternative low-carbon fuel proposed to be combusted is predicted to be less than the carbon dioxide emission intensity of the coal or coke in the place of which the alternative low-carbon fuel is proposed to be combusted. 8. A statement signed and dated by the proponent or a person who is authorized by the proponent to make the statement, certifying that the information given to the licensed engineering practitioner to prepare the report is complete and accurate. O. Reg. 79/15, s. 11 (1); O. Reg. 824/21, s. 8. (2) A statement made under paragraph 7 or 8 of subsection (1) shall not be made on a day that is more than three years before the day on which the ALCF application is submitted to the Director. O. Reg. 79/15, s. 11 (2).
Storage, handling and maintenance standards
 12. The holder of an environmental compliance approval issued as a result of an ALCF application shall ensure that the following rules are complied with in respect of alternative low-carbon fuel described in paragraph 1 of the definition of “alternative low-carbon fuel” in subsection 1 (1) at the alternative low-carbon fuel site that is the subject of the approval: 1. The fuel shall be stored, i. indoors, or ii. outdoors in a manner that prevents the discharge into the natural environment of both the fuel and any contaminant relating to the fuel. 2. The fuel shall be stored, handled and maintained so as to prevent, i. leaks or spills of the fuel and contaminants relating to the fuel, and ii. damage to or deterioration of any container in which the fuel is stored. 3. The fuel shall be stored in a safe and secure manner that minimizes the impact of dust, odour, noise, vectors, vermin and litter on the general public and on the natural environment. 4. Access by the general public to fuel handling facilities, fuel storage facilities and fuel storage areas at the site shall be controlled by gates, fencing, attendants or other security measures.
Identification of deficiencies
 13. (1) The holder of an environmental compliance approval issued as a result of an ALCF application shall ensure that the following rules are complied with in respect of alternative low-carbon fuel described in paragraph 1 of the definition of “alternative low-carbon fuel” in subsection 1 (1) at the alternative low-carbon fuel site that is the subject of the approval: 1. On each day that the site is in operation, a visual inspection shall be conducted of the fuel handling facilities, fuel storage facilities and fuel storage areas to determine whether the fuel is stored, handled and maintained in accordance with section 12. 2. Any deficiencies in the fuel handling facilities, fuel storage facilities or fuel storage areas identified during a visual inspection mentioned in paragraph 1 or at any other time shall be remedied forthwith. 3. Immediately after the completion of each visual inspection mentioned in paragraph 1, an inspection record shall be prepared setting out, i. the name and position of the person who performed the inspection, ii. the date of the inspection, iii. the amount, type and location of fuel stored at the site at the time of the inspection, and iv. a description of any deficiencies identified and recommendations regarding steps that should be taken to remedy the deficiencies. 4. If a deficiency is identified at a time other than during a visual inspection mentioned in paragraph 1, a record shall be prepared immediately setting out the name and position of the person who identified the deficiency, the date on which it was identified, a description of the deficiency and recommendations regarding steps that should be taken to remedy the deficiency. 5. After a deficiency mentioned in paragraph 2 has been remedied, a record shall be prepared setting out the day on which the deficiency was remedied and a description of the remedial actions taken. (2) The holder of an environmental compliance approval mentioned in subsection (1) shall retain, (a) a record mentioned in paragraph 3 or 4 of subsection (1) for two years following the day on which the inspection was conducted or the deficiency was identified, as the case may be; and (b) a record mentioned in paragraph 5 of subsection (1) for two years following the day on which the deficiency referred to in the record was remedied.