Air Pollution Control Regulations, 2004 (N.L.R. 39/04)

This is an official version. Copyright © 2014: Queen’s Printer, St. John's, Newfoundland and Labrador, Canada Important Information (Includes details about the availability of printed and electronic versions of the Statutes.) Table of Regulations Main Site How current is this regulation? NEWFOUNDLAND AND LABRADOR REGULATION 39/04 Air Pollution Control Regulations, 2004 under the Environmental Protection Act (O.C. 2004-232) Amended by: 94/10 34/14 Page 1 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Air Pollution Control Regulations, 2004 under the Environmental Protection Act (O.C. 2004-232) (Filed May 20, 2004 ) Under the authority of sections 22 and 111 of the Environmental Protection Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s , May 19, 2004 . Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Ambient 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. Opacity of visual emissions 10. Performance testing facilities 11. Potential for air pollution in accident, emergency or urgent circumstances 12. Burning prohibited 13. Burning of waste products 14. Burning of grades 4, 5, or 6 fuel prohibited 15. Residential wood combustion prohibition 16. Motorized vehicles 17. Non-portable aboveground storage tanks 18. Gasoline distribution networks 19. NOx standards for fossil fuel fired boilers and heaters 20. Monitoring and recording devices 21. Manner of measurements, recording and analyses 22. Repeal Schedule A Page 2 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G Short title 1. These regulations may be cited as the Air Pollution Control Regulations , 2004 . 39/04 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Environmental Protection Act ; (b) "air contaminant" means any discharge, release, or other propagation into the air and includes, but is not limited to, dust, fumes, mist, smoke, particulate matter, vapours, gases, odours, odorous substances, acids, soot, grime or any combination of them; (c) "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; (d) "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; (e) "ambient air" means the portion of the atmosphere which is external to buildings, structures or underground spaces; (f) "Canadian standard" means the Canadian Standards Association Code CAN/CSA B415.1, Performance Testing of Solid Fuel Burning Heating Appliances ; (g) "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; (h) "department" means the department presided over by the minister; (i) "emission" means an air contaminant emitted into the environment; (j) "emission source" means any combustion process equipment, installation, machinery, appliance, equipment or tanks from which air contaminants may be released or discharged; (k) "facility" means any stationary property, real or personal, taken as a whole, which has an emission source; (l) "fuel" means any fuel used directly or indirectly for heating, steam generation or electricity production, or for combustion in industrial processes; Page 3 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm (m) "good engineering stack height (Hg)" means the greater of: (i) 45 metres, (ii) the height as calculated using the formula Hg = H + 1.5L where H is the height of any nearby structure and L is the lesser of the height H or projected width 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; (n) "heavy duty motorized vehicle" means a vehicle with a gross vehicle weight rating greater than 2721.6 kilograms for the 1987 model year and older, and greater than 3855.5 kilograms for the 1988 model year and newer; (o) "light duty motorized vehicle" means a vehicle with a gross vehicle weight rating less than or equal to 2721.6 kilograms for the 1987 model year and older, and less than or equal to 3855.5 kilograms for the 1988 model year and newer; (p) "minister" means the minister appointed under the Executive Council Act to administer the Act; (q) "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; (r) "nearby" means within the lesser of 800 metres or 5 times the lesser of the height or the projected width of a structure; (s) "opacity" means the degree to which an emission reduces the passage of light or obscures the view of an object in the background, expressed numerically from 0%, transparent, to 100%, opaque; (t) "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; (u) "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; (v) "projected width" means the greatest distance between two points on a structure; (w) "reference conditions" means a dry gas temperature of 25 ° Celsius and a gas pressure of 101.325 kilopascals; (x) "stack" means a chimney, flue, conduit or duct arranged to conduct an air contaminant into the environment; (y) "sulphur content" means the amount of sulphur by weight as determined by standard methods; (z) "used oil" means a used lubricating oil or waste oil; Page 4 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm (aa) "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; and (bb) "visible emission" means an emission which can be detected by the naked eye. 39/04 s2 Back to Top Ambient air quality standards 3. (1) The ambient 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 ensuring that the standards prescribed in Schedule A are met, the minister may: (a) specify a condition in an approval issued under Part XI of the Act; or (b) 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 he or she 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. 39/04 s3 Back to Top Incineration prohibition 4. An owner or operator shall not operate or permit the operation of new incineration or pyrometric equipment having an in-stack concentration in excess of the standards prescribed in Schedule B. 39/04 s4 Back to Top Good engineering stack height 5. (1) Commencing July 1, 2004, all new stack installations with annual releases in excess of 20 tonnes of particulate matter or sulphur dioxide shall meet good engineering stack height. (2) Subject to subsection (1), for the purposes of enforcing these regulations, the calculated concentration of an air contaminant at a point of impingement shall be from good engineering stack height. 39/04 s5 Back to Top Best available control technology Page 5 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm 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. 39/04 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) Subsection (1) shall come into effect on January 1, 2005 . (3) The owner or operator of a facility which releases in excess of 20 tonnes of sulphur dioxide per 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 February 28 of each subsequent year. (4) The first report under subsection (3) shall be submitted to the department no later than February 28, 2006 . 39/04 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. 39/04 s8 Page 6 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Back to Top Opacity of visual emissions 9. (1) The owner or operator of an emission source with a nameplate capacity greater than 100 GJ / hr, or with an annual particulate matter release greater than 100 tonnes shall determine the opacity of a visible emission on a continuous basis. (2) Notwithstanding subsection (1), the minister may require the owner or operator of other emission sources to determine the opacity of a visible emission on a continuous basis. (3) The opacity of a visible emission shall be determined by means of a continuous opacity monitoring system and shall be calculated as a 6 minute arithmetic average of instantaneous observations. (4) An owner or operator shall not cause or permit to be caused a visible emission having an opacity greater than 20%. (5) Notwithstanding subsection (4), a visible emission may have an opacity exceeding 20% but not exceeding 25% for one 6 minute period in any one hour period. (6) Notwithstanding subsections (4) and (5), every time a fire is started in combustion process equipment, a visible emission may have an opacity exceeding 20%, but not exceeding 40% for one 6 minute period in the first 30 minute period after that new fire is started. (7) Commencing July 31, 2005 , opacity readings under subsections (1) and (2) shall be reported monthly to the department by the last day of each subsequent month. (8) Where an emission source employs best available control technology, an owner or operator shall be exempt from the provisions of subsections (1) to (7). (9) Where an emission source employs best available control technology, the owner or operator of that emission source shall (a) provide the minister with a contingency plan detailing the remedial action for compliance with the provisions of this section when best available control technology is non-operational; (b) the contingency plan may be approved by the minister, including any additions or deletions that the minister may require; and (c) the owner or operator shall comply with the approved contingency plan. (10) Where a continuous opacity monitoring system does not achieve a monthly valid data capture rate of 95 %, an administrative penalty of $5 shall be payable with respect to each non measured opacity reading below the valid data capture rate. (11) Commencing January 1, 2006 an administrative penalty, as prescribed in Schedule D, shall be payable with respect to opacity which exceeds the standards in this section. (12) Administrative penalties imposed under this section shall be payable within 60 days of notification of the penalty by the department. 39/04 s9 Back to Top Performance testing facilities 10. (1) The owner or operator of good engineering stack height installations shall provide the following performance testing facilities: (a) sampling ports adequate for testing devices and applicable methods; Page 7 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm (b) safe sampling platforms; (c) safe access to sampling platforms; and (d) utilities for sampling and testing devices. (2) The minister may require the owner or operator of an emission source other than the emission source referred to in subsection (1) to provide performance testing facilities. 39/04 s10 Back to Top Potential for air pollution in accident, emergency or urgent circumstances 11. (1) Where a facility has the potential for air pollution due to 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 and provide the department with the particulars of that failure, change or shutdown; and (b) provide the department in writing with the particulars of the remedial action taken under paragraph (a) and the reasons for that action as soon as it is practicable. (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 by paragraph 2(b) subject to any changes he or she may require and an owner or operator shall comply with an approved plan. (4) Notwithstanding sections 3 and 9, 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. 39/04 s11 Back to Top Burning prohibited 12. (1) A person shall not burn or permit the burning of any material listed in Schedule E in a fire. (2) Notwithstanding subsection (1), a person may burn or permit the burning of materials listed in Schedule E in a fire with the written approval of the minister. 39/04 s12 Back to Top Burning of waste products 13. Notwithstanding section 12, a person shall not burn or permit the burning of used oil, waste products or other materials in combustion process equipment except Page 8 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm (a) where the design and the intended use of the equipment according to the manufacturer's manual permits the burning of the specific material; (b) where the equipment has the combustion and emission control devices that may be required by the minister; (c) where the rate does not exceed the equipment design; and (d) where the written approval of the minister has been obtained. 39/04 s13 Back to Top Burning of grades 4, 5, or 6 fuel prohibited 14. Commencing January 1, 2005 , a person shall not burn, or permit the burning of any fuel, grade numbers 4, 5 or 6 (a) where emission sources employ best available control technology , (i) containing a sulphur content in excess of 3.0%; and (ii) containing a sulphur content in excess of 2.0% on an annual basis, as calculated by the formula: where: SO 2 = sulphur dioxide emissions in tonnes V t = volume of fuel in litres; and (b) where emission sources do not employ best available control technology, (i) containing a sulphur content in excess of 2.2%, and (ii) containing a sulphur content in excess of 2.0% on an annual basis, as calculated by the formula: where: n = number of shipments during a calendar year S i = sulphur content of each shipment, expressed as % V i = volume of each shipment. 39/04 s14 Back to Top Residential wood combustion prohibition 15. (1) Commencing July 1, 2008 a person shall not manufacture, sell or permit the selling of a residential woodstove, fireplace insert or factory built fireplace which may emit particulate matter into the environment in excess of: (a) the emission requirements of the Canadian standard; or (b) the emission requirements of the US EPA standard. Page 9 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Protec... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm (2) The emission requirements under subsection (1) shall be determined by the test methods and procedures contained in that standard. (3) Each unit manufactured, permitted or sold under subsection (1) shall have a readily visible, permanently affixed manufacturer’s label which: (a) conforms to the labelling requirements in that standard; and (b) indicates that the unit conforms to the particulate matter emission requirements of that standard. 39/04 s15 Back to Top Motorized vehicles 16. (1) A person shall not operate or permit the operation of a light duty motorized vehicle having an emission in excess of the standards prescribed in Schedule F. (2) The opacity of a visible emission from a diesel fuelled heavy duty motorized vehicle, as determined by procedure SAE J1667 entitled Snap Acceleration Smoke Test Procedure for Heavy Duty Diesel Vehicles , shall not exceed: (a) 40% for 1991 model vehicles and newer; and (b) 55% for 1990 model vehicles and older. (3) For the purpose of ensuring that the standards prescribed in Schedule F and subsection (2) are met, according to paragraph 111(1)(p) of the Act, the minister may, by regulation, establish an emission inspection and maintenance program as a means of reducing exhaust and evaporative air contaminants. 39/04 s16 Back to Top Non-portable aboveground storage tanks 17. (1) Commencing January 1, 2012, all new and existing non-portable aboveground storage tanks with a volume greater than 4 m3 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 emission sources shall provide the department in writing with a plan outlining its schedule for compliance with subsection (1) no later than January 1, 2006 . (3) All records under Part 7 of the guidelines shall be reported annually to the department by February 28 of each subsequent year. (4) The first report under subsection (3) is due no later than February 28, 2012 . 39/04 s17 Back to Top Gasoline distribution networks 18. (1) Commencing January 1, 2012, all new and existing 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 Page 10 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm 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) The owner or operator of emission sources shall provide the department in writing with a compliance schedule no later than January 1, 2006 . (4) All records under Parts 3, 4, 5, & 6 of the guidelines, shall be reported annually to the department by February 28 of each subsequent year. (5) The first report under subsection (4) is due no later than February 28, 2012. 39/04 s18; 94/10 s1 Back to Top NOx standards for fossil fuel fired boilers and heaters 19. 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 G. 39/04 s19 Back to Top Monitoring and recording devices 20. The minister may require the installation of (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, opacity and flow at their origin and at point of impingement. 39/04 s20 Back to Top Manner of measurements, recording and analyses 21. All measurements, recordings and analyses 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. 39/04 s21 Back to Top Page 11 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Repeal 22. The Air Pollution Control Regulations, 2003 , Newfoundland and Labrador Regulation 56/03, are repealed. 39/04 s22 Page 12 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Back to Top Schedule A Table I: Ambient Air Quality Standards at Reference Conditions 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 Micrograms per cubic metre of air 100 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 1332-21-4 Micrograms per cubic metre of air 1.5 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 Micrograms per cubic metre of air 35000 15000 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 Dustfall Grams of dustfall per square metre 7.0 4.6 30 day 1 year (1) (1) 8 Hydrogen sulphide 7783-06-4 Micrograms per cubic metre of air 15 5 1 hour 24 hour 9 Lead 7439-92-1 Total micrograms of lead in free and combined form per cubic metre of air 2.0 0.7 24 hour 30 day (1) 10 Mercaptans Total micrograms of mercaptans per cubic metre expressed as methyl mercaptan 20 1 hour 11 Mercury 7439-97-6 Total micrograms of mercury in free and combined form per cubic metre of air 2 24 hour 12 Nickel 7440-02-0 Total micrograms of nickel in free and combined form per cubic metre of air 2 24 hour 13 Nitrogen dioxide 10102-44-0 Total micrograms of nitrogen oxides per cubic metre of air, expressed as NO 2 400 200 100 1 hour 24 hour 1 year (1) 14 Ozone 10028-15-6 Micrograms per cubic metre of air 160 87 1 hour 8 hour 15 Particulate matter (less than 2.5 microns) Micrograms per cubic metre of air 25 8.8 24 hour 1 year The 3 year average of the annual average Page 13 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm (1) Arithmetic mean (2) Geometric mean Table II: Ambient Air Quality Standards for Dioxins and Furans at Reference Conditions (3) The Total Equivalent Quotient (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. TABLE III : Dioxins and Furans Toxicity Factors concentrations 16 Particulate matter (less than 10 microns) Micrograms per cubic metre of air 50 24 hour 17 Particulate matter (total) Micrograms per cubic metre of air 120 60 24 hour 1 year (2) 18 Polychlorinated biphenyls (PCBs) 1336-36-3 Micrograms per cubic metre of air 0.15 0.035 24 hour 1 year (1) 19 Reduced sulphur compounds Micrograms of reduced sulphur compounds per cubic metre of air expressed as hydrogen sulphide 30 1 hour 20 Sulphur dioxide 7446-09-5 Micrograms per cubic metre of air 900 600 300 60 1 hour 3 hour 24 hour 1 year (1) 21 Vanadium 7440-62-2 Total micrograms of vanadium in free and combined form per cubic metre of air 2 24 hour 22 Zinc 7440-66-6 Micrograms per cubic metre of air 120 24 hour 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 Polychlorinated dibenzo-p dioxins (PCDDs) & poly chlorinated dibenzofurans (PCDFs) (TEQ) Picograms (TEQ) per cubic metre of air 5 24 hour (3) Back to Top 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 Page 14 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm 39/04 Sch A; 34/14 s1 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 Page 15 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Schedule B In-Stack Standards for Incineration and Pyrolysis (1) at reference conditions, dry gas basis, corrected to 11% oxygen by volume Where: (a) (ug/m3) = micrograms per cubic metre; and (b) (pg I-TEQ/m3) = International Total Equivalent Quotient picograms per cubic metre 39/04 Sch B Facility Type Mercury (1) Polychlorinated dibenzo-p-dioxins (PCDDs) & poly-chlorinated dibenzofurans (PCDFs) (1) Municipal Waste Incineration 20 ?g/m3 80 pg I-TEQ/m3 Medical Waste Incineration 20 ?g/m3 80 pg I-TEQ/m3 Hazardous Waste Incineration 50 ?g/m3 80 pg I-TEQ/m3 Sewage Sludge Incineration 70 ?g/m3 80 pg I-TEQ/m3 Page 16 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Back to Top Schedule C Administrative Penalties for Emissions Exceedences 39/04 Sch C Back to Top Pollutant 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 Page 17 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Schedule D Administrative Penalties for Opacity Exceedences 39/04 Sch D Back to Top New Fire Best Available Control Technology Time Frame Opacity 1st Exceedence Subsequent Exceedences NO NO 1 Hour > 20% , # 25% $ 0 $ 5 NO NO 1 Hour > 25% , # 30% $ 5 $ 10 NO NO 1 Hour > 30% $ 10 $ 15 YES NO 30 Minutes > 20% , # 40% $ 0 $ 5 YES NO 30 Minutes > 40% , # 50% $ 5 $ 10 YES NO 30 Minutes > 50% $ 10 $ 15 Page 18 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Schedule E Materials Prohibited from Burning in a Fire 39/04 Sch E Back to Top (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 Page 19 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Schedule F Standards for Vehicle Emissions for Light Duty Motorized Vehicles at Idle Speed (1) LDT = Light Duty Truck (pre 1988, <= 2721.6 kg gross vehicle weight rating (GVWR)) LDT = Light Duty Truck (1988 +, <= 3855.5 kg gross vehicle weight rating (GVWR)) Where: (a) (ppm) = parts per million by volume (b) (%) = percentage by volume 39/04 Sch F Category Definitions Passenger Vehicles Light Duty Trucks (1) Item Model Year Engine Size (litres) Hydro carbons (ppm) Carbon Monoxide (%) Hydro carbons (ppm) Carbon Monoxide (%) 1 pre 1973 <= 2.5 1500 7.5 1500 7.5 2 pre 1973 > 2.5 1500 5.5 1500 5.5 3 1973 - 1974 <= 2.5 750 6.0 750 6.0 4 1973 - 1974 > 2.5 650 5.0 650 5.0 5 1975 - 1981 <= 2.5 450 5.0 450 5.0 6 1975 - 1981 > 2.5 400 4.5 400 4.5 7 1982 - 1987 <= 1.8 350 4.0 350 4.0 8 1982 - 1987 > 1.8, <= 2.6 350 4.0 350 4.0 9 1982 - 1987 > 2.6, <= 4.0 300 3.5 300 3.5 10 1982 - 1987 > 4.0 300 3.5 300 3.5 11 1988 - 1995 <= 1.8 130 1.1 260 2.2 12 1988 - 1995 > 1.8, <= 2.6 120 1.0 240 2.0 13 1988 - 1995 > 2.6, <= 4.0 105 0.8 210 1.6 14 1988 - 1995 > 4.0 90 0.6 180 1.2 15 1996 + <= 1.8 90 0.6 180 1.2 16 1996 + > 1.8, <= 2.6 80 0.5 160 1.0 17 1996 + > 2.6, <= 4.0 80 0.4 160 0.8 18 1996 + > 4.0 80 0.4 160 0.8 Page 20 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm Back to Top Schedule G Emission Standards for NO x Where: (a) (GJ/hr)= gigajoules/hour (b) (g/GJ)- grams per gigajoule. 39/04 Sch G ©Queen's Printer 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 Page 21 of 21NLR 39/04 - Air Pollution Control Regulations, 2004 under the Environmental Prot... 26/12/2014http://www.assembly.nl.ca/legislation/sr/regulations/rc040039.htm