NLR 11/22 - Air Pollution Control Regulations, 2022 under the Environmental Protection Act

NEWFOUNDLAND AND LABRADOR REGULATION 11/22 Air Pollution Control Regulations, 2022 under the Environmental Protection Act (O.C. 2022-072) (Filed March 24, 2022) Under the authority of section 111 of the Environmental Protection Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 24, 2022. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Air quality standards 4. Incineration prohibition 5. Good engineering stack height 6. Best available control technology 7. Sulphur dioxide emission cap 8. Administrative penalty 9. Performance testing facilities 10. Potential for air pollution 11. Burning prohibited 12. Sulphur limits on fuels 13. Residential wood combustion emissions 14. Non-portable aboveground storage tanks 15. Gasoline distribution networks 16. Gasoline volatility control 17. NOx standards for fossil fuel fired boilers and heaters 18. Monitoring and recording devices 19. Manner of measurements, recording and analyses 20. NLR 100/18 Amdt. 21. Repeal Schedule A Schedule B Schedule C Schedule D Schedule E Short title 1. These regulations may be cited as the Air Pollution Control Regulations, 2022. 11/22 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Environmental Protection Act ; (b) " air " means the portion of the atmosphere which is external to buildings, structures or underground spaces; (c) "air contaminant" means any discharge, release, or other propagation into the air and includes dust, fumes, mist, smoke, particulate matter, vapours, gases, odorous substances, acids, soot, grime or any combination of them; (d) "air pollution" means the presence in air of an air contaminant or combination of air contaminants in excess of the maximum permissible standard, concentration or level as prescribed by these regulations or an approval issued under the Act; (e) " air quality management plan" means a plan developed by the minister to manage the level of air contaminants in an area, and may include a company specific air quality management plan approved by the minister; (f) " air zone" means a finite geographic area within the province that typically exhibits similar air quality issues and trends throughout; (g) "Canadian standard" means the Canadian Standards Association Code CAN/ CSA -B415.1-10 (R2020), Performance Testing of Solid Fuel Burning Heating Appliances as amended from time to time; (h) "combustion process equipment" means a furnace, boiler, dryer, apparatus, stack and all appurtenances used in the combustion process but does not include mobile internal combustion engines when used to provide propulsion; ( i ) " department " means the department presided over by the minister; (j) " emission " means an air contaminant emitted into the air; (k) "emission source" means any combustion process equipment, installation, machinery, appliance, equipment or tanks from which air contaminants may be discharged, released or propagated; (l) " facility " means any stationary property, real or personal, taken as a whole, which has an emission source; (m) " facility administrative boundary" means a boundary within which a standard does not apply; (n) " feed rate" means the mass or volume of a gaseous, liquid or solid material fed into a continuous or batch combustion process equipment per unit of time or per batch; (o) " fuel " means any fuel used directly or indirectly for heating, steam generation or electricity production, or for combustion in industrial processes; (p) " gasoline " means a liquid product of petroleum that has a flash point below 37.8° Celsius and is designed primarily for use in an internal combustion engine; (q) " good engineering stack height (GESH)" means the greater of (i) 45 metres , (ii) the height as calculated using the formula GESH = H + 1.5L where H is the height of any nearby structure and L is the lesser of the height H or the greatest distance between 2 points of any nearby structure, as measured from the ground level elevation at the base of the stack, or (iii) the height demonstrated by a fluid model or approved field study which ensures that stack emissions do not result in air pollution resulting from atmospheric downwash or wakes created by the facility, nearby emission sources or terrain features; (r) " minister " means the minister appointed under the Executive Council Act to administer the Act; (s) " modified " means any addition or alteration to emission sources which may cause (i) an increase in the release of an air contaminant, or (ii) an emission of an air contaminant that was not previously emitted; (t) " nearby " means within the lesser of ( i ) 800 metres, or (ii) 5 times the lesser of (A) the height of a structure, or (B) the greatest distance between 2 points of a structure; (u) " operating service factor" means the ratio of hours during facility operation that a vapour control system is operating normally to the total operating hours of the facility; (v) " particulate matter" means a material, except water in an uncombined form, that is or has been airborne and exists as a liquid or a solid at reference conditions; (w) " point of impingement" includes a part or combination of those things referred to in subparagraphs (i) to (iii) upon which an air contaminant may impinge ( i ) land and water, (ii) plant and animal life, including human life, and (iii) a building, structure, machine or other device or thing made by humans; (x) " reference conditions" means a dry gas temperature of 25 ° Celsius and a gas pressure of 101.325 kilopascals; (y) " stack " means a chimney, flue, conduit or duct arranged to conduct an air contaminant into the air; (z) " sulphur content" means the amount of sulphur by weight as determined by standard methods; ( aa ) "used oil" means oil that, through use, storage or handling, can no longer be used for its original purpose; and ( bb ) "US EPA standard" means the Standards of Performance for New Residential Wood Heaters, Title 40, Part 60, Subpart AAA of the Code of Federal Regulations, published by the United States Environmental Protection Agency, as amended from time to time. 11/22 s2 Back to Top Air quality standards 3. (1) The air quality standards prescribed in Schedule A shall be used to maintain air quality in the province. (2) The concentration of air contaminants due to all sources shall not exceed the standards prescribed in Schedule A. (3) For the purpose of determining compliance with the standards prescribed in Schedule A, the minister may do one or more of the following: (a) specify a condition in an approval issued under Part XI of the Act; (b) specify a facility administrative boundary in an approval issued under Part XI of the Act; and (c) develop an air quality management plan specifying the provisions to reduce the level of air contaminants emitted by each facility identified in the plan, and the owner or operator of each facility shall (i) provide the minister with any information the minister may require regarding the development of an air quality management plan, including a company specific air quality management plan, and (ii) comply with the provisions of the plan within the time specified by the minister. 11/22 s3 Back to Top Incineration prohibition 4. (1) An owner or operator shall not operate or permit the operation of incineration or pyrometric equipment having an in-stack concentration in excess of the standards prescribed in Schedule B. (2) Notwithstanding subsection (1), an owner or operator may operate incineration or pyrometric equipment having an in-stack concentration in excess of the standards prescribed in Schedule B with the written approval of the minister. 11/22 s4 Back to Top Good engineering stack height 5. (1) All new stack installations with annual releases in excess of 20 tonnes of either particulate matter or sulphur dioxide shall meet good engineering stack height. (2) The calculated concentration of an air contaminant at a point of impingement shall be from good engineering stack height. 11/22 s5 Back to Top Best available control technology 6. (1) An owner or operator who installs a new or modified emission source shall employ the best available control technology. (2) Notwithstanding subsection (1), an owner or operator may install a new or modified emission source which does not comply with that subsection with the written approval of the minister. (3) Notwithstanding subsection (1), best available control technology shall not apply to (a) routine maintenance, repair and parts replacement; (b) normal increases in production rates unless otherwise prohibited; (c) increases in hours of operation unless otherwise prohibited; or (d) use of an alternative cleaner fuel or raw material. (4) Best available control technology shall be acceptable to the department and shall, in that particular circumstance, be (a) the most effective emission control device or technique; (b) the most stringent emission control device or technique; (c) proven reliable in comparable processes; and (d) economically feasible as determined by the minister in light of industry standards after consultation with the particular owner or operator. 11/22 s6 Back to Top Sulphur dioxide emission cap 7. (1) There is established a provincial sulphur dioxide emission cap which shall be 60,000 tonnes per calendar year. (2) The owner or operator of a facility which releases in excess of 20 tonnes of sulphur dioxide per calendar year in the aggregate, shall submit to the department an annual report on fuel usage, fuel sulphur content, fuel specific gravity and sulphur dioxide emissions, no later than June 1 of the following calendar year. 11/22 s7 Back to Top Administrative penalty 8. (1) For the purpose of environmental protection, the minister may, under the authority of section 106 of the Act, impose an administrative penalty prescribed in Schedule C against an owner or operator who emits an air contaminant. (2) Administrative penalties imposed under this section shall be payable within 60 days of notification of the penalty by the department. 11/22 s8 Back to Top Performance testing facilities 9. (1) The owner or operator of an emission source shall provide the following performance testing facilities: (a) sampling ports adequate for testing devices and applicable methods; (b) safe sampling platforms; (c) safe access to sampling platforms; and (d) utilities for sampling and testing devices. (2) Notwithstanding subsection (1), the minister may exempt an owner or operator of an emission source from providing the performance testing facilities referred to in subsection (1). 11/22 s9 Back to Top Potential for air pollution 10. (1) Where a facility has the potential for air pollution as a result of an unanticipated failure to operate in the normal manner due to an accident, emergency or urgent situation, a change in operating conditions, or a shut-down of a pollution control device, the owner or operator of the facility shall (a) take immediate remedial action to reduce any emissions; (b) provide the department with the particulars of the failure, change or shutdown as soon as it is practicable; and (c) provide the department in writing with the particulars of the remedial action taken under paragraph (a) within 30 days of the failure. (2) Where the minister considers an emission by a facility to be a nuisance, the owner or operator of that facility shall (a) investigate to determine the nature of the emission; and (b) provide the minister with a remediation plan. (3) The minister may approve the plan required under paragraph 2(b) subject to any changes the minister may require and an owner or operator shall comply with the approved plan. (4) Notwithstanding section 3, the minister may, under the authority of section 105 of the Act, enter into a compliance agreement with the owner or operator in writing regarding a situation contemplated by subsection (1), authorizing the continuance of the operation for the period of time as the minister considers reasonable. 11/22 s10 Back to Top Burning prohibited 11. (1) A person shall not burn or permit the burning of any material listed in Schedule D in a fire. (2) Notwithstanding subsection (1), the minister may allow a person to burn or permit the burning of any material listed in Schedule D in a fire where the burning of the material is recommended by the Office of the Fire Commissioner. (3) Notwithstanding subsection (1), a person may burn or permit the burning of a material listed in Schedule D in combustion process equipment where (a) the specifications of the combustion process equipment confirms that the design and intended use of the combustion process equipment is suitable for the burning of the material; (b) the feed rate does not exceed the feed rate of the combustion process equipment as specified by the manufacturer; and (c) the combustion process equipment has the combustion control and emission control devices required by the minister. (4) Notwithstanding subsection (3), the minister may require a person who intends to burn or permit the burning of a material listed in Schedule D in combustion process equipment that satisfies the requirements in subsection (3) to obtain the written approval of the minister before burning or permitting the burning of the material. 11/22 s11 Back to Top Sulphur limits on fuels 12. (1) Where an emission source does not employ best available control technology, a person shall not burn or permit the burning of any fuel, grade numbers 4, 5 or 6 that contains (a) a sulphur content in excess of 2.2%; or (b) a sulphur content in excess of 2.0% on an annual basis, as calculated by the following formula: %S a = ? n i =1 (S i )( V i ) ? n i =1 (V i ) where % S a = annual sulphur content, expressed as %; i = each individual shipment of fuel; n = number of shipments of fuel during a calendar year; S i = sulphur content of each shipment of fuel, expressed as %; and V i = volume of each shipment of fuel; (2) Where an emission source employs best available control technology, a person shall not burn or permit the burning of any fuel, grade numbers 4, 5 or 6 that contains (a) a sulphur content in excess of 3.0%; or (b) a sulphur content in excess of 2.0% on an annual basis, as calculated by the following formula: %S a = (SO 2 )( 100000) (1.9579)( V t ) where % S a = annual sulphur content, expressed as %; SO 2 = annual sulphur dioxide emissions in tonnes; and V t = annual volume of fuel in litres. 11/22 s12 Back to Top Residential wood combustion emissions 13. (1) A person shall not sell or permit the selling of a residential woodstove, fireplace insert or factory built fireplace which may emit particulate matter into the air in excess of (a) the emission requirements of the Canadian standard; or (b) the emission requirements of the US EPA standard. (2) The emission requirements under subsection (1) shall be determined by the test methods and procedures contained in the applicable standard. (3) Each unit sold under subsection (1) shall have a readily visible, permanently affixed manufacturer’s label which (a) conforms to the labelling requirements in the applicable standard; and (b) indicates that the unit conforms to the particulate matter emission requirements of the applicable standard. 11/22 s13 Back to Top Non-portable aboveground storage tanks 14. (1) All non-portable aboveground storage tanks with a volume greater than 4 m 3 and storing a volatile organic liquid with a vapour pressure greater than 10 kPa at 21.1 ° Celsius shall comply with the provisions of the CCME guidelines "Environmental Guidelines for Controlling Emissions of Volatile Organic Compounds from Aboveground Storage Tanks, PN 1180 " including any amendments to those guidelines. (2) The owner or operator of a facility to which subsection (1) applies shall, in respect of each calendar year, provide all records required for reporting under Part 7 of the guidelines referred to in subsection (1), by February 28 of the following calendar year. 11/22 s14 Back to Top Gasoline distribution networks 15. (1) All persons engaged in the gasoline distribution network shall comply with the vapour balancing, recovery and control requirements of the CCME guidelines " Environmental Code of Practice for Vapour Recovery in Gasoline Distribution Networks, PN 1057 " including any amendments to those guidelines. (2) Subsection (1) shall not apply to (a) terminals with an annual gasoline throughput less than 25 million litres; (b) bulk plants with an annual gasoline throughput less than 4.5 million litres; (c) service stations with an annual gasoline throughput less than one million litres; (d) cargo tank trucks with a capacity less than 21,000 litres ; or (e) ships and barges. (3) Notwithstanding that the guidelines referred to in subsection (1) require a terminal to have a minimum operating service factor of greater than 95% during a calendar year, a terminal may have an operating service factor of 95% or less during a 365 day period where (a) the minister determines that the terminal owner or operator has used due diligence in keeping the terminal's vapour control system operative; (b) the terminal owner or operator develops a plan to achieve an operating service factor greater than 95% for the terminal and submits the plan to the minister; and (c) the minister approves the plan as submitted or with any changes the minister determines necessary and the terminal owner or operator complies with the plan. (4) The owner or operator of a facility to which subsection (1) applies shall, in respect of each calendar year, provide all records required under Parts 3, 4, 5, and 6 of the guidelines referred to in subsection (1), by February 28 of the following calendar year. 11/22 s15 Back to Top Gasoline volatility control 16. (1) Gasoline intended for use in the province as a fuel for motor vehicles shall conform to the requirements in the Canadian General Standards Board National Standard of Canada for Automotive Gasoline CAN/CGSB-3.5-2021 as amended from time to time. (2) An owner or operator of a refinery and an importer of gasoline into the province shall submit to the minister a report for each calendar year by March 31 in the calendar year immediately following. (3) The report referred to in subsection (2) shall indicate (a) the quantity and the vapour pressure of gasoline refined, shipped or otherwise intended for use in this province; and (b) other information the minister may require. 11/22 s16 Back to Top NOx standards for fossil fuel fired boilers and heaters 17. All new and modified fossil fuel fired boilers and heaters, with a nameplate capacity equal to or greater than 10.5 GJ/hr, shall not exceed the emission standards prescribed in Schedule E. 11/22 s17 Back to Top Monitoring and recording devices 18. The minister may require the installation of the following: (a) devices which are necessary to record the throughput and operation of process, combustion or control equipment; and (b) monitoring and recording devices which are necessary to measure and record concentrations of air contaminants and flow at their origin and at point of impingement. 11/22 s18 Back to Top Manner of measurements, recording and analyses 19. All measurements, recordings and analysis conducted under these regulations shall be (a) performed at locations and by devices and methods acceptable to the department; and ( b ) made readily accessible to the department in a time and manner acceptable to the department. 11/22 s19 Back to Top NLR 100/18 Amdt. 20. Subsection 5(2) of the Used Oil and Used Glycol Control Regulations is repealed and the following substituted: (2) A person shall not use used oil as a fuel or otherwise combust used oil in a furnace, boiler, burner or other combustor unless the furnace, boiler, burner or other combustor complies with the Air Pollution Control Regulations, 2022 . 11/22 s20 Back to Top Repeal 21. (1) The Air Pollution Control Regulations, 2004 , Newfoundland and Labrador Regulation 39/04, are repealed. (2) The Gasoline Volatility Control Regulations, 2003 , Newfoundland and Labrador Regulation 62/03, are repealed. 11/22 s21 Back to Top Schedule A Table I: Air Quality Standards ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration Concentration Period of Time Additional Notes 1 Ammonia 7664-41-7 Parts per billion 144 24 hour 2 Arsenic 7440-38-2 Total micrograms of arsenic in free and combined form per cubic metre of air 0.3 24 hour 3 Asbestos (greater than 5 microns in length) 1332-21-4 Fibres per cubic centimetre of air 0.04 24 hour 4 Cadmium 7440-43-9 Total micrograms of cadmium in free and combined form per cubic metre of air 2 24 hour 5 Carbon monoxide 630-08-0 Parts per billion 30582 13107 1 hour 8 hour 6 Copper 7440-50-8 Total micrograms of copper in free and combined form per cubic metre of air 50 24 hour 7 Hydrogen sulphide 7783-06-4 Parts per billion 11 4 1 hour 24 hour 8 Lead 7439-92-1 Total micrograms of lead in free and combined form per cubic metre of air 2 24 hour 9 Mercury 7439-97-6 Total micrograms of mercury in free and combined form per cubic metre of air 2 24 hour 10 Nickel 7440-02-0 Total micrograms of nickel in free and combined form per cubic metre of air 2 24 hour 11 Nitrogen dioxide 10102-44-0 Parts per billion 213 106 53 1 hour 24 hour 1 year (1) 12 Particulate matter (less than 2.5 microns) Micrograms per cubic metre of air 25 8.8 24 hour 1 year (4) (1) (4) 13 Particulate matter (less than 10 microns) Micrograms per cubic metre of air 50 24 hour 14 Particulate matter (total) Micrograms per cubic metre of air 120 60 24 hour 1 year (2) 15 Polychlorinated biphenyls (PCBs) 1336-36-3 Micrograms per cubic metre of air 0.15 0.035 24 hour 1 year (1) 16 Polychlorinated dibenzo -p-dioxins (PCDDs) & ploychlorinaded dibenzo furans (PCDFs)(I-TEQ) Picograms (I-TEQ) per cubic metre of air 5 24 hour (3) 17 Sulphur dioxide 7446-09-5 Parts per billion 344 229 115 23 1 hour 3 hour 24 hour 1 year (1) 18 Vanadium 7440-62-2 Total micrograms of vanadium in free and combined form per cubic metre of air 2 24 hour 19 Zinc 7440-66-6 Micrograms per cubic metre of air 120 24 hour (1) The arithmetic average over a single calendar year of all 1 hour average concentrations in the year. (2) The geometric average over a single calendar year of all 1 hour average concentrations in the year. (3) The International Total Equivalent Quotient (I-TEQ) concentration of PCDDs and PCDFs is determined by multiplying the concentration of each congener listed in Column 1 of Table III by the corresponding toxicity factor set out in Column 2 of that item and by adding the products of them. (4) At reference conditions. Table II: Air Quality Standards for Air Zone Management ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration Concentration Period of Time Additional Notes 1 Nitrogen dioxide 10102-44-0 Parts per billion 60 17 1 hour 1 year (2) (1) This item number effective until December 31, 2024 2 Nitrogen dioxide 10102-44-0 Parts per billion 42 12 1 hour 1 year (2) (1) This item number effective January 1, 2025 3 Ozone 10028-15-6 Parts per billion 82 44 1 hour 8 hour 4 Particulate matter (less than 2.5 microns) Micrograms per cubic metre of air 25 8.8 24 hour 1 year (4) (1) (4) 5 Sulphur dioxide 7446-09-5 Parts per billion 70 5 1 hour 1 year (3) (1) This item number effective until December 31, 2024 6 Sulphur dioxide 7446-09-5 Parts per billion 65 4 1 hour 1 year (3) (1) This item number effective January 1, 2025 (1) The arithmetic average over a single calendar year of all 1 hour average concentrations in the year. (2) The 3 year average of the annual 98 th percentile of the NO 2 daily maximum 1 hour average concentrations. (3) The 3 year average of the annual 99 th percentile of the SO 2 daily maximum 1 hour average concentrations. (4) At reference conditions. TABLE III: Dioxins and Furans International Total Equivalent Quotient (I-TEQ) ITEM COLUMN 1 COLUMN 2 Congener Toxicity Factor 1 2,3,7,8-T4CDD 1 2 1,2,3,7,8-P5CDD 0.5 3 1,2,3,4,7,8-H6CDD 0.1 4 1,2,3,6,7,8-H6CDD 0.1 5 1,2,3,7,8,9-H6CDD 0.1 6 1,2,3,4,6,7,8-H7CDD 0.01 7 OCDD 0.001 8 2,3,7,8-T4CDF 0.1 9 1,2,3,7,8-P5CDF 0.05 10 2,3,4,7,8-P5CDF 0.5 11 1,2,3,4,7,8-H6CDF 0.1 12 1,2,3,6,7,8-H6CDF 0.1 13 1,2,3,7,8,9-H6CDF 0.1 14 2,3,4,6,7,8-H6CDF 0.1 15 1,2,3,4,6,7,8-H7CDF 0.01 16 1,2,3,4,7,8,9-H7CDF 0.01 17 OCDF 0.001 Back to Top Schedule B In-Stack Standards for Incineration and Pyrolysis Facility Type Mercury (1) Polychlorinated dibenzo -p-dioxins (PCDDs) & poly-chlorinated dibenzofurans (PCDFs) (1) (2) Municipal Waste Incineration 20 ?g /m 3 80 pg I-TEQ/m 3 Medical Waste Incineration 20 ?g /m 3 80 pg I-TEQ/m 3 Hazardous Waste Incineration 50 ?g /m 3 80 pg I-TEQ/m 3 Sewage Sludge Incineration 70 ?g /m 3 80 pg I-TEQ/m 3 (1) at reference conditions, dry gas basis, corrected to 11% oxygen by volume Where (a) (ug/m 3 ) = micrograms per cubic metre; and (b) (pg I-TEQ/m 3 ) = International Total Equivalent Quotient picograms per cubic metre (2) The International Total Equivalent Quotient (I-TEQ) concentration of PCDDs and PCDFs is determined by multiplying the concentration of each congener listed in Column 1 of Table III of Schedule A by the corresponding toxicity factor set out in Column 2 of that item and by adding the products of them. Back to Top Schedule C Administrative Penalties for Emissions Exceedences Air Contaminant Maximum Allowable Annual Emission Without Administrative Penalty Administrative Penalty Ammonia 10 tonnes $2 / tonne Nickel 10 tonnes $2 / tonne Vanadium 10 tonnes $2 / tonne Carbon Monoxide 20 tonnes $2 / tonne Nitrogen Oxides 20 tonnes $2 / tonne Particulate Matter (total) 20 tonnes $2 / tonne Sulphur Dioxide 20 tonnes $2 / tonne Arsenic 50 kilograms $2 / kilogram Lead 50 kilograms $2 / kilogram Cadmium 5 kilograms $2 / kilogram Mercury 5 kilograms $2 / kilogram Polychlorinated dibenzo -p-dioxins (PCDDs) & poly-chlorinated dibenzofurans (PCDFs)(TEQ) 1000 milligrams TEQ $2 / milligram TEQ Back to Top Schedule D Materials Prohibited from Burning in a Fire (a) tires (k) manure (b) plastics (l) rubber (c) treated lumber (m) tar paper (d) asphalt and asphalt products (n) railway ties (e) drywall (o) paint and paint products (f) demolition waste (p) fuel and lubricant containers (g) hazardous waste (q) used oil (h) biomedical waste (r) animal cadavers (i) domestic waste (s) hazardous substances (j) trash, garbage, or other waste from commercial, industrial or municipal operations (t) materials disposed of as part of the removal or decontamination of equipment, buildings or other structures Back to Top Schedule E Emission Standards for NO x Capacity NO x Emission Limit (g / GJ) (GJ / hr) Gaseous Fuel Distillate Oil Residual Oil 10.5 - 105 26 40 90 > 105 40 50 90 Where: (a) (GJ/hr )= gigajoules/hour (b) (g/GJ )- grams per gigajoule. 11/22 Sch.