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Air Quality Regulations
made under Section 112 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 2005-87 (February 25, 2005, effective March 1, 2005), N.S. Reg. 28/2005
as amended by O.I.C. 2007-505 (September 25, 2007), N.S. Reg. 392/2007
Citation
1 These regulations may be cited as the Air Quality Regulations.
Definitions
2 In these regulations,
(a) “Act” means the Environment Act;
(b) “Administrator” means a person appointed by the Minister under subsection 21(1) of the Act to administer these regulations, and includes an acting Administrator;
(c) “averaging period” in Schedule A means that period of time over which an arithmetic mean or geometric mean, as the case may be, is calculated;
(d) “designated material” means a material described in Schedule B to these regulations;
(e) “facility” includes a petroleum refinery;
(ea) “fossil fuel” means a hydrocarbon deposit such as petroleum, coal or natural gas, derived from living matter of a previous geologic time and used for fuel;
Clause 2(ea) added: O.I.C. 2007-505, N.S. Reg. 392/2007.
(f) “heavy fuel oil” means petroleum residual fuel that is used in liquid-fuel-burning equipment;
(g)“Minister” means the Minister of Environment and Labour.
Ambient air quality criteria
3 (1) The criteria for ambient air quality throughout the Province are prescribed in Schedule A and are expressed as maximum permissible ground level concentrations.
(2) An approval issued by the Minister or an Administrator must contain provisions to ensure that the maximum permissible ground level concentrations prescribed in Schedule A are not exceeded.
Burning offences
4 (1) Except as provided in subsection (2) and except as provided in the Used Oil Regulations, a person must not carry out, cause, permit or be responsible for the burning of a designated material without prior written authorization from the Minister or an Administrator.
(2) Subsection (1) does not apply to burning conducted by a person or organization that is authorized by the Province to conduct courses to train fire-fighting personnel.
Gasoline volatility limit
5 (1) In this Section, “motor gasoline” means gasoline intended for use as motor fuel.
(2) The volatility limit for the vapour pressure of motor gasoline is 72 kPa.
(3) During the period from May 15 to September 15 in each year, both dates inclusive,
(a) a person who refines motor gasoline must not cause or permit any motor gasoline intended for use in the Province to leave the refinery if the motor gasoline’s vapour pressure exceeds the volatility limit; and
(b) a person who imports into the Province any motor gasoline that has a vapour pressure that exceeds the volatility limit must not cause or permit
(i) the transfer of possession of the motor gasoline; or
(ii) the transfer of the motor gasoline from one container to another.
(4) The vapour pressure of motor gasoline must be determined in accordance with
(a) procedure D 5191--01 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) prepared by the American Society for Testing Materials, as amended from time to time; or
(b) a procedure approved in writing by the Minister or an Administrator.
Provincial emission cap
6 (1) The Provincial annual sulphur dioxide emission cap is
(a) effective April 11, 1995, 189 000 t;
(b) effective March 1, 2005, 141 750 t.
(2) A person who owns, operates or is responsible for facilities that release emissions in excess of 90 tonnes of sulphur dioxide per year in the aggregate must, not later than February 15 of each year or as otherwise directed by an Administrator, in a form specified by the Administrator, submit a report to the Minister or an Administrator on the sulphur throughput, noting the fuel usage, sulphur content and corresponding sulphur dioxide emissions for the previous calendar year from each facility owned or operated by, or under the responsibility of, the person.
(3) Subject to subsection (4), annual sulphur dioxide, nitrogen oxide and mercury emission allocations are assigned to persons listed in Schedule C in the amounts set out in that Schedule.
(3A) If persons assigned emission allocations listed in Schedule C transfer ownership of a fossil fuel-fired thermal power generating station, a corresponding portion of the emission allocation and associated monitoring and reporting requirements must be transferred to the new owner in accordance with subsection (3B).
Subsection 6(3A) added: O.I.C. 2007-505, N.S. Reg. 392/2007.
(3B) Before ownership of a fossil fuel-fired thermal power generating station is transferred, the apportioning of its emission allocation and associated monitoring and reporting requirements must be approved in writing by the Administrator.
Subsection 6(3B) added: O.I.C. 2007-505, N.S. Reg. 392/2007.
(4) For the purposes of achieving environmental quality standards and objectives in a cost-effective manner, compliance with an annual emission allocation assigned in Schedule C may be achieved by the inclusion of permits or allowances obtained under any emissions trading program established by the Minister under Section 15 of the Act or by an Administrator to whom the Minister has delegated the appropriate authority under Section 17 of the Act.
(5) If the annual emission allocation assigned in Schedule C for a substance is exceeded, the person responsible must, unless exempted in writing by the Minister because of unusual and unavoidable circumstances,
(a) within the 3 years following the calendar year in which the excess emissions occurred, compensate for the excess emissions by reducing annual emissions of the substance to a level below the annual allocation assigned for the substance in order to result in a total reduction of emissions of the substance equal to the amount of the excess emissions, in accordance with a plan submitted under clause (b) and approved by the Minister or an Administrator; and
(b) not later than February 15 of the year following the calendar year in which the excess emissions occurred, submit a plan indicating how the excess emissions will be recovered to the Minister or an Administrator for approval.
Emission reduction plans
7 (1) A person who owns, operates or is responsible for facilities that existed in 2001 and that release emissions in excess of 90 tonnes of sulphur dioxide per year in the aggregate must submit to an Administrator an emission reduction plan demonstrating the proposed means to achieve sulphur dioxide emission reductions of 25% from 2001 levels by 2010 for facilities owned or operated by, or under the responsibility of, the person.
(2) An emission reduction plan must be submitted not later than December 31, 2007, in accordance with specifications issued by the Minister or an Administrator.
Sulphur content of heavy fuel oil consumed in a facility other than a petroleum refinery
8 (1) Effective July 1, 2005, the sulphur content of heavy fuel oil consumed in a facility other than a petroleum refinery must not exceed
(a) 2.2% by mass; and
(b) 2.0% on an annual basis.
(2) A person who owns, operates or is responsible for a facility that consumes heavy fuel oil must make available to an Administrator, upon request, a report noting fuel type and usage, sulphur content and corresponding average sulphur levels for heavy fuel oil consumed in the previous calendar year at each facility owned or operated by, or under the responsibility of, the person.
Sulphur content of total fuel consumed in a petroleum refinery
9 (1) Effective July 1, 2005, the sulphur content of the total fuel consumed in a petroleum refinery must not exceed
(a) 2.2% by mass; and
(b) 2.0% on an annual basis.
(2) A person who owns, operates or is responsible for a petroleum refinery that consumes heavy fuel oil must make available to an Administrator, upon request, a report noting fuel type and usage, sulphur content and corresponding average sulphur levels for total fuel consumed in the previous calendar year at each refinery owned or operated by, or under the responsibility of, the person.
Reporting and records
10 (1) A person who is required to report under subsection 8(2) or subsection 9(2) must maintain all records of reported details for 5 years.
(2) A person who acquires a facility that consumes heavy fuel oil must obtain and maintain the records retained under subsection (1) from the person from whom the facility was transferred.
Schedule A
Maximum Permissible Ground Level Concentrations
Contaminant |
Averaging Period |
Maximum Permissible Ground Level Concentration |
|
µg/m3 |
pphm |
||
Carbon Monoxide (CO) |
1 hour |
34 600 |
3000 |
8 hours |
12 700 |
1100 |
|
Hydrogen Sulphide (H2S) |
1 hour |
42 |
3 |
24 hours |
8 |
0.6 |
|
Nitrogen Dioxide (N02) |
1 hour |
400 |
21 |
Annual |
100 |
5 |
|
Ozone (O3) |
1 hour |
160 |
8.2 |
Sulphur Dioxide (S02) |
1 hour |
900 |
34 |
24 hours |
300 |
11 |
|
Annual |
60 |
2 |
|
Total Suspended Particulate (TSP) |
24 hours |
120 |
- |
Annual |
70* |
- |
|
* - geometric mean
µg/m3 - micrograms per cubic metre
pphm - parts per hundred million
Schedule B
Designated Materials
(1) a tire
(2) waste dangerous goods as defined in the Dangerous Goods Management Regulations
(3) used oil as defined in the Used Oil Regulations
(4) a railway tie or other wood treated with wood preservative
(5) a material containing rubber or plastic
(6) an asphalt shingle
Schedule C
Annual Sulphur Dioxide, Nitrogen Oxide and Mercury
Emission Allocations for Nova Scotia Power Incorporated
1 Sulphur dioxide
(1) Commencing in 1995, and in each year thereafter until March 1, 2005, the annual emissions of sulphur dioxide from fossil fuel-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in any calendar year exceed, in the aggregate, 145 000 t.
(2) Effective March 1, 2005, and in each calendar year thereafter until December 31, 2009, the annual emissions of sulphur dioxide from fossil fuel-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in any calendar year exceed, in the aggregate, 108 750 t.
(3) For the year 2005 only, the annual sulphur dioxide emissions cap allocated under item (2) may be prorated on the basis of the effective date of these regulations, as authorized in writing by the Minister.
(4) Commencing in 2010, and in each calendar year thereafter, the annual emissions of sulphur dioxide from fossil fuel-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in any calendar year exceed, in the aggregate, 72 500 t.
2 Nitrogen oxide
(1) Commencing in 2009, and in each calendar year thereafter, the annual emissions of nitrogen oxides (NOx) from fossil fuel-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in any calendar year exceed, in the aggregate, 21 365 t.
(2) Commencing in 2010, and in each calendar year thereafter, a report must be submitted to the Minister or an Administrator noting the nitrogen oxide (NOx) emissions for the previous calendar year from each fossil fuel-fired thermal power generating station owned or operated by Nova Scotia Power Incorporated and affiliated companies. The report must be submitted not later than February 15 of each calendar year, or as otherwise directed by an Administrator, in a form specified by the Administrator.
3 Mercury
(1) Commencing March 1, 2005, and in each calendar year thereafter until December 31, 2009, the annual emissions of mercury from the following coal-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in any calendar year exceed, in the aggregate, 168 kg:
(a) Lingan;
(b) Point Tupper;
(c) Trenton; and
(d) Point Aconi.
Schedule C, subsection 3(1) replaced: O.I.C. 2007-505, N.S. Reg. 392/2007.
(1A) Commencing January 1, 2010, and in each calendar year thereafter, the annual emissions of mercury from units in place and state as of October 11, 2006, within the coal-fired thermal power generating stations referred to in subsection (1) must not in any calendar year exceed, in the aggregate, 65 kg.
Schedule C, subsection 3(1A) added: O.I.C. 2007-505, N.S. Reg. 392/2007.
(1B) If a unit in place and state as of October 11, 2006, within a coal-fired thermal power generating station referred to in subsection (1) is replaced with equivalent technology or any other steam-generating technology based on coal combustion, the unit must meet the standard for new facilities under the Canada-Wide Standards for Mercury Emissions from Coal-Fired Electric Power Generation Plants, endorsed by the Canadian Council of Ministers of the Environment, October 11, 2006, and is no longer included in the emission allocation of subsection (1A).
Schedule C, subsection 3(1B) added: O.I.C. 2007-505, N.S. Reg. 392/2007.
(1C) Monitoring and testing of mercury emissions from coal-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must be conducted in accordance with a standard prescribed by the Administrator.
Schedule C, subsection 3(1C) added: O.I.C. 2007-505, N.S. Reg. 392/2007.
(2) Commencing January 1, 2006, and in each calendar year thereafter, a report must be submitted to the Minister or an Administrator noting the mercury emissions for the previous calendar year from each coal-fired thermal power generating station owned or operated by Nova Scotia Power Incorporated and affiliated companies. The report must be submitted not later than February 15 of each year, or as otherwise directed by [an] Administrator, in a form specified by the Administrator.
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