O. Reg. 227/00: ELECTRICITY GENERATION - MONITORING AND REPORTING

Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 227/00

Amended to: O. Reg. 127/01

ELECTRICITY GENERATION — MONITORING AND REPORTING

Note: This Regulation was revoked on May 1, 2001. See: O. Reg. 127/01, s. 16.

This Regulation is made in English only.

1. (1) In this Regulation,

“generation facility” has the same meaning as in the Electricity Act, 1998, subject to subsection (2);

“generator” has the same meaning as in the Electricity Act, 1998;

“Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation” means the Ministry of the Environment publication entitled “Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation” and dated March 29, 2000, as amended from time to time;

“Guideline for Continuous Emission Monitoring (CEM) Systems Record Keeping and Reporting for Electricity Generation” means the Ministry of the Environment publication entitled “Guideline for Continuous Emission Monitoring (CEM) Systems Record Keeping and Reporting for Electricity Generation” and dated March 29, 2000, as amended from time to time;

“IMO-administered markets” has the same meaning as in the Electricity Act, 1998;

“name plate capacity” means,

(a) with respect to a generation unit, the design electricity generating capacity of the generation unit, and

(b) with respect to a generation facility, the total of the design electricity generating capacities of all the generation units in the facility;

“oxides of nitrogen” includes nitric oxide and nitrogen dioxide, but does not include nitrous oxide;

“quarter” means a period of three consecutive months beginning on January 1, April 1, July 1 or October 1;

“smog period” means the period from May 1 to September 30;

“stack” includes a vent, flue and any other device or opening that is constructed for the purpose of discharging contaminants to the atmosphere. O. Reg. 227/00, s. 1 (1).

(2) Two or more generation facilities that function together as an integrated system for generating electricity shall be deemed to be a single generation facility for the purpose of this Regulation. O. Reg. 227/00, s. 1 (2).

2. This Regulation does not apply to a generation facility if,

(a) the facility has a name plate capacity of 1 megawatt or less;

(b) all the electricity generated by the facility is used on the same site on which the facility is located; or

(c) 10 per cent or less of the electricity generated by the facility is sold by the generator through the IMO-administered markets or directly to other persons. O. Reg. 227/00, s. 2.

3. Every generator shall ensure that the Director is notified of any change in the name of the generation facility, or in the ownership of the facility, within 30 days after the change. O. Reg. 227/00, s. 3.

4. (1) Commencing in 2001, every generator shall, not later than June 1 in each year, submit to the Director a report on the previous calendar year that contains the following information:

1. The name and address of the generator.

2. The name and address of the person who prepared the report, if that person is not the generator.

3. The name, address and geographical location of the generation facility.

4. The quantity of electricity produced at the generation facility during the previous calendar year.

5. The type or types of energy sources used to produce electricity at the generation facility.

6. Such other information as is specified in the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation. O. Reg. 227/00, s. 4 (1).

(2) The generator shall ensure that the report is prepared and submitted in accordance with the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation. O. Reg. 227/00, s. 4 (2).

(3) The generator shall ensure that, for at least seven years after the report is submitted to the Director, it is made available, on request, for examination by any person during regular business hours at the generation facility. O. Reg. 227/00, s. 4 (3).

5. (1) If a generation facility emits a contaminant listed in Table 3 to the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation, the generator shall monitor or calculate emissions of the contaminant in accordance with the Guideline. O. Reg. 227/00, s. 5 (1).

(2) Despite subsection (1), the Director may require or authorize the generator to monitor or calculate emissions of the contaminant in accordance with a method specified by the Director that the Director is satisfied will provide an accurate measure of emissions. O. Reg. 227/00, s. 5 (2).

(3) A generator that is required to monitor or calculate emissions under subsection (1) shall ensure that all records required by the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation are made in accordance with the Guideline. O. Reg. 227/00, s. 5 (3).

(4) This section does not apply in respect of sulphur dioxide emitted by a generation unit that is required by section 6 to have a continuous emission monitoring system for sulphur dioxide. O. Reg. 227/00, s. 5 (4).

(5) This section does not apply in respect of oxides of nitrogen emitted by a generation unit that is required by section 6 to have a continuous emission monitoring system for oxides of nitrogen. O. Reg. 227/00, s. 5 (5).

6. (1) If a thermal generation unit has a name plate capacity of more than 25 megawatts and the annual amount of sulphur dioxide emitted by the unit can reasonably be expected to exceed the reporting threshold set out for sulphur dioxide in Table 3 to the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation, the generator shall ensure that the unit has a continuous emission monitoring system for sulphur dioxide. O. Reg. 227/00, s. 6 (1).

(2) If a thermal generation unit has a name plate capacity of more than 25 megawatts and the annual amount of oxides of nitrogen emitted by the unit can reasonably be expected to exceed the reporting threshold set out for oxides of nitrogen in Table 3 to the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation, the generator shall ensure that the unit has a continuous emission monitoring system for oxides of nitrogen.O. Reg. 227/00, s. 6 (2).

(3) If all emissions of a contaminant from one or more generation units are emitted through a stack, a continuous emission monitoring system for the contaminant required by subsection (1) or (2) may be installed on the stack, instead of on the generation units. O. Reg. 227/00, s. 6 (3).

(4) Subsection (1) or (2) does not require a generator to ensure that a generation unit has a continuous emission monitoring system for a contaminant if the Director is satisfied that the generator is taking reasonable steps to ensure that, within a reasonable period of time not exceeding two years, the annual amount of the contaminant emitted by the unit will not exceed the reporting threshold referred to for the contaminant in subsection (1) or (2). O. Reg. 227/00, s. 6 (4).

(5) If subsection (1) or (2) requires a generator to ensure that a generation unit has a continuous emission monitoring system, the generator shall ensure that the system is designed, installed and operated in a manner that will provide measurements of emissions that the Director considers to be as accurate as the measurements that would be provided by a continuous emission monitoring system designed, installed and operated in accordance with the Environment Canada publication entitled “Protocols and Performance Specifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation” and dated September 1993, as amended from time to time. O. Reg. 227/00, s. 6 (5).

(6) If subsection (1) or (2) requires a generator to ensure that a generation unit has a continuous emission monitoring system, the generator shall ensure that all records required by the Guideline for Continuous Emission Monitoring (CEM) Systems Record Keeping and Reporting for Electricity Generation are made in accordance with the Guideline. O. Reg. 227/00, s. 6 (6).

(7) Every generator that is required by subsection (1) or (2) to ensure that a generation unit has a continuous emission monitoring system for a contaminant shall, not later than 60 days after the end of each quarter, submit to the Director a report on the quarter that contains the following information:

1. The name and address of the generator.

2. The name and address of the person who prepared the report, if that person is not the generator.

3. The name, address and geographical location of the generation facility.

4. The name or number of the generation unit or stack to which the continuous emission monitoring system applies.

5. The type of generation unit.

6. The type or types of energy sources used by the generation unit to produce electricity.

7. The type of pollution control device or method used for emissions of the contaminant from the generation unit.

8. The average emission rate for emissions of the contaminant from the generation unit during the quarter.

9. The quantity of the contaminant emitted from the generation unit during the quarter.

10. If the quarter began after March 31 in a year,

i. the average emission rate for emissions of the contaminant from the generation unit during the period from January 1 in the year to the end of the quarter, and

ii. the quantity of the contaminant emitted from the generation unit during the period from January 1 in the year to the end of the quarter.

11. Such other information as is specified in the Guideline for Continuous Emission Monitoring (CEM) Systems Record Keeping and Reporting for Electricity Generation. O. Reg. 227/00, s. 6 (7).

(8) The generator shall ensure that the report referred to in subsection (7) is prepared and submitted in accordance with the Guideline for Continuous Emission Monitoring (CEM) Systems Record Keeping and Reporting for Electricity Generation. O. Reg. 227/00, s. 6 (8).

(9) The generator shall ensure that records are made, in an electronic format approved by the Director, of all calculations made in the preparation of the report referred to in subsection (7). O. Reg. 227/00, s. 6 (9).

(10) The generator shall ensure that, for at least seven years after the report referred to in subsection (7) is submitted to the Director, it is made available, on request, for examination by any person during regular business hours at the generation facility. O. Reg. 227/00, s. 6 (10).

(11) If, on April 30, 2000, a thermal generation unit does not have a continuous emission monitoring system for sulphur dioxide, subsection (1) does not apply to the unit until May 1, 2001. O. Reg. 227/00, s. 6 (11).

(12) If, on April 30, 2000, a thermal generation unit does not have a continuous emission monitoring system for oxides of nitrogen, subsection (2) does not apply to the unit until May 1, 2001. O. Reg. 227/00, s. 6 (12).

7. If a generation facility emits a contaminant listed in Table 3 to the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation and the total amount of the contaminant emitted by the facility during a calendar year exceeds the reporting threshold set out in that Table for the contaminant, the generator shall include the following information in the report submitted to the Director for that year under section 4:

1. The name of the contaminant.

2. The method or methods that were used to monitor or calculate emissions of the contaminant.

3. The total quantity of the contaminant emitted by the facility during the year.

4. The total quantity of the contaminant emitted by the facility during the smog period in the year.

5. Such other information as is specified in the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation. O. Reg. 227/00, s. 7.

8. The generator shall ensure that all reports submitted to the Director under this Regulation are submitted in an electronic format approved by the Director and in a paper format, signed by the generator, that is produced from the electronic format. O. Reg. 227/00, s. 8.

9. (1) Every generator shall ensure that a record is made in accordance with subsections (2) and (3) of any malfunction or other problem that results or is likely to result in a failure to comply with the requirements of this Regulation relating to the monitoring or calculating of emissions. O. Reg. 227/00, s. 9 (1).

(2) The record shall include the date the malfunction or other problem occurred, its duration, its cause and a description of any remedial action that was taken. O. Reg. 227/00, s. 9 (2).

(3) The record shall be made as soon as reasonably possible after the malfunction or other problem occurs. O. Reg. 227/00, s. 9 (3).

10. The generator shall ensure that records made under this Regulation are kept for at least seven years after they are made and that the records are made available to staff of the Ministry on request. O. Reg. 227/00, s. 10.

11. An obligation on a generator to do a thing under this Regulation is discharged if another person has done it on the generator’s behalf. O. Reg. 227/00, s. 11.

12. The requirements of this Regulation are in addition to any other requirements that may be imposed by law, including any requirement that may be imposed by a certificate of approval, order, direction or other instrument issued under the Act. O. Reg. 227/00, s. 12.

13. (1) For the purpose of the report required to be submitted to the Director not later than June 1, 2001 under section 4,

(a) the references in section 4 to the previous calendar year shall be deemed to be references to the period from May 1, 2000 to December 31, 2000;

(b) section 7 shall be deemed to require the information set out in that section to be included in the report if the generation facility emits a contaminant listed in Table 3 to the Guideline for Emission Calculation, Record Keeping and Reporting for Electricity Generation and the total amount of the contaminant emitted by the facility during the period from May 1, 2000 to December 31, 2000 exceeds 66.67 per cent of the reporting threshold set out in that Table for the contaminant; and

(c) the references in paragraphs 4 and 5 of section 7 to the year shall be deemed to be references to the period from May 1, 2000 to December 31, 2000. O. Reg. 227/00, s. 13 (1).

(2) For the purpose of the reports required to be submitted to the Director under subsection 6 (7) on the quarters in 2000,

(a) the quarter that ends on June 30, 2000, shall be deemed to have started on May 1, 2000; and

(b) the references in subsection 6 (7) to January 1 in the year shall be deemed to be references to May 1, 2000. O. Reg. 227/00, s. 13 (2).

(3) Despite subsection 6 (7), the report required by that subsection on the quarter that ends on June 30, 2000 may be submitted to the Director at any time before or at the same time as the report required by that subsection on the quarter that ends on September 30, 2000. O. Reg. 227/00, s. 13 (3).

(4) If, pursuant to subsection 6 (11) or (12), subsection 6 (1) or (2) does not apply to a generation unit until May 1, 2001, for the purpose of the reports in respect of the generation unit that are required to be submitted to the Director under subsection 6 (7) on the quarters in 2001,

(a) the quarter that ends on June 30, 2001, shall be deemed to have started on May 1, 2001; and

(b) the references in subsection 6 (7) to January 1 in the year shall be deemed to be references to May 1, 2001. O. Reg. 227/00, s. 13 (4).