Air Quality Regulations (N.S. Reg. 28/2005)

Air Quality Regulations made under Section 25 and 112 of the Environment Act S.N.S. 1994-95, c. 1 O.I.C. 2005-87 (effective March 1, 2005), N.S. Reg. 28/2005 amended to O.I.C. 2020-016 (effective January 21, 2020), N.S. Reg. 8/2020 Table of Contents Please note: this table of contents is provided for convenience of reference and does not form part of the regulations. Click here to go to the text of the regulations. Citation Definitions Ambient air quality criteria Burning offences Gasoline volatility limit Provincial emission cap Emission reduction plans for sulphur dioxide emissions Third party verification of sulphur dioxide, nitrogen oxides and mercury emissions Report on mercury emissions Compensating for mercury emissions over 65 kg in a calendar year Mercury diversion plan Mercury diversion credits Annual mercury diversion report Ministerial review and approval Sulphur content of heavy fuel oil consumed in a facility other than a petroleum refinery Sulphur content of total fuel consumed in a petroleum refinery Reporting and records Schedule A—Maximum Permissible Ground Level Concentrations Schedule B—Designated Materials Schedule C—Annual Sulphur Dioxide, Nitrogen Oxides and MercuryEmission Allocations for Nova Scotia Power Incorporated Citation 1 These regulations may be cited as the Air Quality Regulations. Definitions 2 In these regulations, https://novascotia.ca/just/regulations/regs/envairqt.htm#text https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 1 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 2 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 3 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 4 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 5 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 6 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 7 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 8 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 9 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 10 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 11 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 12 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 13 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 14 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 15 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 15 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 16 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC3 17 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC1 1 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC1 2 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC1 3 https://novascotia.ca/just/regulations/regs/envairqt.htm#TOC1 3 “Act” means the Environment Act; “Administrator” means a person appointed by the Minister under subsection 21(1) of the Act to administer these regulations, and includes an acting Administrator; “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; “banked mercury credits” means credits for mercury diversion that are accrued in the calendar years beginning with and including 2015 and ending with and including 2024 and that are in excess of what is required to compensate for total excess emissions in accordance with Section 7C; “designated material” means a material described in Schedule B to these regulations; “facility” includes a petroleum refinery; “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; “heavy fuel oil” means petroleum residual fuel that is used in liquid-fuel-burning equipment; “mercury capture” means the fraction representing the total measured mercury in the substances collected at a coal-fired thermal generating unit through mercury control equipment or mercury control actions, or both, divided by the total measured mercury in the raw coal used in the unit, expressed as a percentage; “mercury diversion” means the diversion of mercury-containing products from the environment to earn credit in accordance with these regulations; “mercury diversion plan” mans an annual plan for mercury diversion required by Section 7D; “mercury diversion report” means an annual report required by Section 7F on mercury diversion carried out in the previous calendar year; “Mercury Diversion Standard” means the Mercury Diversion Standard published by the Department, as supplemented, amended, added to, replaced or superseded; “Minister” means the Minister of Environment; “verifier” means an independent third party that has all of the following qualifications: (i) accounting and financial auditing experience, (ii) engineering and environmental assessment expertise. 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, including requirements for dispersion modelling, source testing, continuous emissions monitoring, ambient monitoring and emission reduction planning. 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; (c) effective January 1, 2015, 119 070 t; (d) effective January 1, 2020, 70 875 t; (e) effective January 1, 2025, 62 625 t; (f) effective January 1, 2030, 54 625 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 March 31 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 oxides 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). (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. (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 March 31 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. (6) For greater certainty, the annual emission allocation for mercury assigned in Schedule C is not exceeded during the calendar years 2010 to 2013 unless the amount of emissions exceeds the amount permitted by the supplementary emission allocations set out in subsection 3(3) of Schedule C. Emission reduction plans for sulphur dioxide emissions 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. Third party verification of sulphur dioxide, nitrogen oxides and mercury emissions 7A (1) A report required under subsection 6(2) respecting sulphur dioxide emissions, subsection 2(2) of Schedule C respecting nitrogen oxides emissions or subsection 7B(1) respecting mercury emissions must include an assessment report by a verifier of the total emissions of sulphur dioxide, nitrogen oxides or mercury produced over the compliance period. (2) For the purpose of a verifier’s report required by subsection (1), a person who submits a report referred to in that subsection must (a) provide the verifier with any information or documentation required for the report; and (b) allow the verifier to access any facility owned or operated by the person to do any of the following: (i) collect information used to calculate the emissions, (ii) take samples of any energy sources used to generate electricity, (iii) take samples of emissions, (iv) examine and collect documentation related to any energy sources purchased to generate electricity. Report on mercury emissions 7B (1) A person assigned annual emission allocations for mercury in Schedule C must submit an annual report to the Minister or an Administrator on or before March 31 of each year. (2) An annual report must include all of the following: (a) the amount of mercury emitted during the previous calendar year from each coal-fired thermal power generating unit in place and state as of October 11, 2006; (b) the mercury capture from each coal-fired thermal power generating unit in place and state as of October 11, 2006; (c) the total annual mercury content of coal-combustion residues for each coal fired thermal power generating station in place and state as of October 11, 2006; (d) beginning with the report due on or before February 15, 2011, a description of the mercury control actions implemented during the previous calendar year under the mercury reduction plan submitted under Section 7A. Compensating for mercury emissions over 65 kg in a calendar year 7C (1) In this Section, “total diverted mercury” means the aggregate of the quantities of diverted mercury reported in a person’s mercury diversion reports for the calendar years beginning with 2015 and ending with and including 2020, and for which the Minister approves credits under Section 7G; “total excess emissions” means the total of the amounts by which mercury emissions exceed 65 kg in each calendar year beginning with and including 2010 and ending with and including 2013; “total reduced emissions” means the total of the amounts by which mercury emissions are below 65 kg in each calendar year beginning with and including 2011 and ending with and including 2020. (2) If the annual emissions of mercury exceed 65 kg in any or all of calendar years 2010, 2011, 2012, or 2013, the person responsible must, by December 31, 2020, compensate for the total excess emissions by either or a combination of the following methods, so that the total reduced emissions plus total diverted mercury equals or exceeds total excess emissions: (a) reducing annual emissions from each coal-fired thermal power generating unit to a level below 65kg; (b) mercury diversion. Mercury diversion plan 7D (1) A Person who proposes to divert mercury under clause 7C(2)(b) must submit an annual written plan for the diversion to the Minister for approval (a) before beginning any mercury diversion activities, for the year 2015; and (b) on or before October 31 of the previous calendar year, for the years 2016 to 2020. (2) A proposed mercury diversion plan must include at least all of the following: (a) a statement of the total credits that are intended to be claimed for mercury diversion during the calendar year; (b) the proposed types of mercury-containing products to be diverted for credit, the proposed diversion methods to be used for each type of product, and the proposed source of each type of product; (c) a forecast of the quantity of each type of product to be diverted during the calendar year. (3) No later than 30 days after the date a proposed mercury diversion plan is submittted to the minister, the Minister must, in writing, approve or reject the proposed plan or request further information from the proponent. (4) No later than 15 days after the date of a request from the Minister under subsection (3) for further information, the proponent must submit the requested information in writing, and on receipt of the information the Minister has a further 15 days to approve or reject the proposed mercury diversion plan. Mercury diversion credits 7E (1) Mercury diversion to be claimed for credit must be calculated and claimed in accordance with the Mercury Diversion Standard for approval by the Minister under Section 7G. (2) No mercury diversion credit may be given to a person for any of the following: (a) mercury diverted outside the Province; (b) mercury diverted from products that are imported into the Province solely for the purpose of mercury diversion; (c) mercury diverted before the later of January 1, 2015, or the approval of the person’s annual plan for 2015; (d) mercury diverted after December 31, 2024. (3) A person who has banked mercury credits may, beginning in the year 2020, apply part or all of the banked mercury credits towards meeting the annual emission allocation for mercury assigned to that person in Schedule C, subject to the following maximums: (a) the maximum credits that may be used in the year 2020 are credits equivalent to 30 kg of emissions of mercury; (b) the maximum credits that may be used in each year beginning in the year 2021 and ending with and including 2029 are credits equivalent to 10 kg of emissions of mercury. Annual mercury diversion report 7F (1) [repealed] 7F (2) A person who diverts mercury for credit in the year 2015 or any subsequent calendar year must submit a mercury diversion report to the Minister no later than March 31 of the following year. (3) A mercury diversion report must include at least all of the following information about the credits being claimed for mercury diverted during the calendar year covered by the report: (a) a summary of the total credits claimed; (b) the type of products diverted for credit, the diversion methods used for each product and the source of each type of product; (c) a summary of the quantity of each type of product diverted; (d) a report by a verifier certifying to a reasonable level of assurance that the credits claimed and reported have been accurately calculated using the appropriate method; (e) any additional information the Minister requires. (4) For the purpose of a verifier’s report required by clause (3)(d), a person who submits a mercury diversion report must (a) provide the verifier with any information or documentation required for the report; and (b) allow the verifier to access any facility owned or operated by the person to do any of the following: (i) collect information used to calculate the diversion credits, (ii) collect and examine documents related to any diversion activities, diversion methods or calculation of credits, (iii) collect any additional information the verifier considers necessary. Ministerial review and approval 7G (1) No later than 30 days after receiving a mercury diversion report, the Minister must review the report and decide whether to approve the credits claimed in the report. (2) The Minister may approve none, part or all of the credits claimed in a mercury diversion report. 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 Oxides 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. (5) From January 1, 2015, until December 31, 2019, the total emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 304 500 t. (6) Beginning January 1, 2015, and in each calendar year after that, the annual emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 42 775 t. (7) Beginning January 1, 2020, and in each calendar year after that, the annual emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 60 900 t. (8) From January 1, 2021, until December 31, 2022, the total emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 90 000 t. (8A) From January 1, 2023, until December 31, 2024, the total emissions of sulphur dioxide from fossil fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 68 000 t. (9) Beginning January 1, 2020, and in each calendar year after that, the annual emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 17 760 t. (10) Beginning January 1, 2025, and in each calendar year after that, the annual emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 28 000 t. (11) Beginning January 1, 2025, and in each calendar year after that, the annual emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 13 720 t. (12) From January 1, 2026, until December 21, 2029, the total emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 104 000 t. (13) Beginning January 1, 2030, and in each calendar year after that, the annual emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated compaines must not in the calendar year exceed, in the aggregate, 20 000 t. (14) Beginning January 1, 2030, and in each calendar year after that, the annual emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 9800 t. 2 Nitrogen oxides (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. (1A) From January 1, 2015, until December 31, 2019, the total emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 96 140 t. (1B) Beginning January 1, 2015, and in each calendar year after that, the annual emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 21 365 t. (1C) Beginning January 1, 2020, and in each calendar year after that, the annual emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 14 955 t. (1D) From January 1, 2021, until December 31, 2024, the total emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 56 000 t. (1E) Beginning January 1, 2025, and in each calendar year after that, the annual emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 11 500 t. (1F) From January 1, 2026, until December 31, 2029, the total emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not exceed, in the aggregate, 44 000 t. (1G) Beginning January 1, 2030, and in each calendar year after that, the annual emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in the calendar year exceed, in the aggregate, 8800 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 oxides (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 March 31 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. (2) 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. (3) Despite subsection (2), the annual emissions of mercury for the calendar years 2010 to 2013 from units in place and state as of October 11, 2006, within the coal-fired thermal power generating stations referred to in subsection (1) may exceed 65 kg by the supplementary annual mercury emission allocations set out in the following table: Calendar Year Supplementary Annual Mercury Emission Allocation 2010 45 kg 2011 35 kg 2012 35 kg 2013 20 kg (4) Beginning January 1, 2020, 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, 35 kg. (4A) Beginning January 1, 2030, and in each calendar year after that, the annual emissions of mercury from units in place and state as of October 11, 2006, within the coal-fired thermal power generating units referred to in subsection (1) must not in the calendar year exceed, in the aggregate, 30 kg. (5) 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 (2). (6) 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. Legislative History Reference Tables Air Quality Regulations N.S. Reg. 28/2005 Environment Act Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only. Source Law The current consolidation of the Air Quality Regulations made under the Environment Act includes all of the following regulations: N.S. Regulation In force date* How in force Royal Gazette Part II Issue 28/2005 Mar 1, 2005 date specified Mar 18, 2005 392/2007 Sep 25, 2007 date specified Oct 12, 2007 261/2009 Aug 14, 2009 date specified Aug 28, 2009 187/2010 Dec 7, 2010 date specified Dec 31, 2010 179/2014 Jan 1, 2015 date specified Dec 12, 2014 150/2017 Oct 12, 2017 date specified Oct 27, 2017 8/2020 Jan 21, 2020 date specified Jan 31, 2020 The following regulations are not yet in force and are not included in the current consolidation: N.S. Regulation In force date* How in force Royal Gazette Part II Issue *See subsection 3(6) of the Regulations Act for rules about in force dates of regulations. Amendments by Provision ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected 2, clause letters removed.................. am. 150/2017 2, defn. of “banked mercury credits” ad. 150/2017 ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected 2, defn. of “fossil fuel”..................... ad. 392/2007 2, defn. of “mercury capture”........... ad. 187/2010 2, defn. of “mercury diversion”........ ad. 179/2014 2, defn. of “mercury diversion plan” ad. 179/2014 2, defn. of “mercury diversion report”.................................................. .... ad. 179/2014 2, defn. of “Mercury Diversion Standard” ..................................... ad. 179/2014 2, defn. of “verifier”......................... ad. 150/2017 3(2)................................................... am. 8/2020 6(1)(b)............................................... am. 261/2009 6(1)(c)............................................... ad. 261/2009 6(1)(d)............................................... ad. 261/2009; am. 179/2014 6(1)(e)-(f)......................................... ad. 179/2014 6(2)-(3)............................................. am. 150/2017 6(3A)-(3B)........................................ ad. 392/2007 6(5)(b)............................................... am. 150/2017 6(6)................................................... ad. 187/2010 7A..................................................... ad. 187/2010; rs. 150/2017 7B..................................................... ad. 187/2010 7B(1)............................................. am. 150/2017 7C..................................................... ad. 187/2010 7C(1)............................................. am. 8/2020 (clause lettering removed) 7C(1)(a)........................................ ra. as 7C(1)(aa) 179/2014 7C(1)(a)........................................ ad. 179/2014 7C(1)(aa)....................................... ra. from 7C(1)(a) 179/2014 7C(2)............................................. rs. 179/2014 7D..................................................... ad. 179/2014 7E..................................................... ad. 179/2014 7E(2)(d)........................................ am. 150/2017 7E(3)............................................. ad. 150/2017; rs. 8/2020 7F...................................................... ad. 179/2014 7F(1)................................................. rep. 150/2017 7F(2)................................................. am. 150/2017 7G..................................................... ad. 179/2014 ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected Schedule C 1(5)................................................... ad. 261/2009; rs. 179/2014 1(6)................................................... ad. 261/2009; rs. 179/2014 1(7)-(8)............................................. ad. 179/2014; am. 8/2020 1(8A)................................................ ad. 8/2020 1(9)-(14)........................................... ad. 179/2014 2(1A)................................................ ad. 261/2009; rs. 179/2014 2(1B)................................................. ad. 261/2009; rs. 179/2014 2(1C)-(1G)........................................ ad. 179/2014 2(2)................................................... am. 150/2017 3(1)................................................... rs. 392/2007 3(1A)................................................ ad. 392/2007; ra. as 3(2) 187/2010 3(1B)................................................. ad. 392/2007; am. 187/2010; ra. as 3(5) 187/2010 3(1C)................................................. ad. 392/2007; ra. as 3(6) 187/2010 3(2)................................................... rep. 187/2010 3(2)................................................... ra. from 3(1A) 187/2010 3(3)-(4)............................................. ad. 187/2010 3(4A)................................................ ad. 179/2014 3(5)................................................... ra. from 3(1B) 187/2010 3(6)................................................... ra. from 3(1C) 187/2010 “Nitrogen oxide” replaced with “nitrogen oxides” throughout......................... am. 150/2017 Note that changes to headings are not included in the above table. Editorial Notes and Corrections: Note Effective date Repealed and Superseded: N.S. Regulation Title In force date Repealed date 55/1995 Air Quality Regulations Apr 11, 1995 Mar 1, 2005 Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.