ONTARIO REGULATION 346/12

made under the

ENVIRONMENTAL PROTECTION ACT

Made: October 31, 2012
Filed: November 6, 2012
Published on e-Laws: November 7, 2012
Printed in The Ontario Gazette: November 24, 2012

REGISTRATIONS UNDER PART II.2 OF THE ACT — HEATING SYSTEMS AND STANDBY POWER SYSTEMS

SKIP TABLE OF CONTENTS

CONTENTS

PART I
INTERPRETATION

1.

Interpretation

PART II
HEATING SYSTEMS

2.

Prescribed activities, s. 20.21 (1) of the Act

3.

Registration exemptions, s. 20.21 (1) (a) and (b) of the Act

4.

Activity requirements, s. 20.21 (1) (c) of the Act

5.

Records

6.

Prescribed date approval ceases to have effect

PART III
STANDBY POWER SYSTEMS

7.

Interpretation

8.

Prescribed activities, s. 20.21 (1) of the Act

9.

Registration exemptions, s. 20.21 (1) (a) and (b) of the Act

10.

Activity requirements, s. 20.21 (1) (c) of the Act

11.

Records

12.

Prescribed date approval ceases to have effect

PART IV
COMMENCEMENT

13.

Commencement

PART I
INTERPRETATION

Interpretation

1.  In this Regulation,

“business day” means a day that is not a Saturday or a holiday within the meaning of section 87 of the Legislation Act, 2006; (“jour ouvrable”)

“heating system” means any apparatus or mechanism, and any related fuel tanks, piping, ducts, vents, equipment or other thing, that is used to produce heat or to supply that heat to the interior of a building or structure for the comfort of occupants, for the maintenance of the building or structure, for the provision of a suitable temperature for materials, plant or animal life or for heating water for domestic purposes, and includes an HVAC system; (“système de chauffage”)

“HVAC system” means a heating, ventilation and air-conditioning system; (“système CVCA”)

“printing facility” has the same meaning as in Ontario Regulation 349/12 (Registrations Under Part II.2 of the Act — Printing) made under the Act; (“imprimerie”)

“sewage works” has the same meaning as in subsection 1 (1) of the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”)

“standby power system” means any apparatus, mechanism, equipment or other thing, and any related fuel tanks and piping, that includes one or more generator units and that is intended to be used only for the provision of electrical power during power outages or involuntary power reductions; (“système d’alimentation électrique d’appoint”)

“waste management system” has the same meaning as in Part V of the Act. (“système de gestion des déchets”)

PART II
HEATING SYSTEMS

Prescribed activities, s. 20.21 (1) of the Act

2.  (1)  Subject to subsections (3) and (4), the following are prescribed activities for the purposes of subsection 20.21 (1) of the Act:

1. The use, operation, construction, alteration, extension or replacement of a heating system that meets the criteria set out in subsection (2) and that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water.

2. The alteration of a process or rate of production with respect to a heating system that meets the criteria set out in subsection (2) if the alteration may result in,

i. a contaminant being discharged into any part of the natural environment other than water, or

ii. the rate or manner of discharge of a contaminant into any part of the natural environment other than water being altered.

(2)  The criteria referred to in subsection (1) with respect to a heating system are the following:

1. The heating system uses only one or both of the following as fuel:

i. Natural gas.

ii. Propane.

2. The heating system includes one or more combustion units.

3. The thermal input rating of each combustion unit that is part of the heating system is not greater than 10.5 million kilojoules per hour.

4. The total thermal input rating of all of the combustion units in the heating system is greater than 1.58 million kilojoules per hour.

5. The wastewater from the heating system, if any,

i. is transferred to a waste management system,

A. that is subject to an environmental compliance approval, or

B. in respect of which an activity has been registered for the purposes of subsection 20.21 (1) of the Act,

ii. is discharged to a sewage works that is subject to an environmental compliance approval, or

iii. is discharged to a municipal sanitary sewer.

(3)  This section does not apply in respect of any activities relating to the construction of a heating system that are carried out at a site other than the building or structure at which the system is intended to be used.

(4)  This section does not apply in respect of activities relating to the following heating systems:

1. A ground source heat pump as defined in Ontario Regulation 98/12 (Ground Source Heat Pumps) made under the Act.

2. A heating system that is,

i. associated with a building or structure that contains one or more dwellings, and

ii. used by the occupants of not more than three dwellings in the building or structure.

3. A heating system that is used in agriculture.

4. A heating system that also provides heat used in an industrial or manufacturing process.

5. A heating system that derives its heat from an industrial or manufacturing process.

6. A heating system that is used, at the site of a building or structure, for the construction, alteration, demolition, drilling or blasting of the building or structure.

7. A heating system that is used during an outdoor entertainment, artistic or sporting event, including an outdoor festival, fair, parade, fireworks display, art show, air show or car show, but not including a race of horses, dogs or motorized or non-motorized vehicles or boats.

8. A heating system that is used solely to mitigate the effects of an emergency declared to exist under the Emergency Management and Civil Protection Act.

9. A heating system that is part of a large municipal residential system or a small municipal residential system, as those systems are defined in Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002.

10. A heating system that is used at a printing facility in respect of which an activity has been prescribed by Ontario Regulation 349/12 (Registrations Under Part II.2 of the Act — Printing) made under the Act.

Registration exemptions, s. 20.21 (1) (a) and (b) of the Act

3.  (1)  A person who engages in an activity prescribed by section 2 at a site is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if,

(a) the person has previously registered an activity prescribed by section 2 of this Regulation in respect of a heating system at the site; and

(b) the registration in respect of the previously registered activity is not suspended and has not been removed from the Registry.

(2)  A person who engages in the alteration of a rate of production with respect to a combustion unit that is part of a heating system is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if, after the alteration, the rate is less than the thermal input rating of that combustion unit.

Activity requirements, s. 20.21 (1) (c) of the Act

4.  For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that the following requirements are complied with:

1. Each component of the heating system shall be used, operated and maintained in a manner that satisfies the recommendations of the manufacturer of the component.

2. If the person receives a complaint with respect to the heating system and the complaint relates to the natural environment, the district manager of the Ministry for the district in which the system is located shall be notified of the complaint no later than two business days after the complaint is received.

Records

5.  (1)  A person who engages in an activity prescribed by section 2 shall ensure that each of the following records is retained for a period of five years from the day it is created:

1. A record of the following information with respect to each inspection, maintenance and repair of the heating system:

i. The date and a summary of the inspection, maintenance or repair.

ii. The name of the person who performed the inspection, maintenance or repair.

iii. If the person referred to in subparagraph ii is an employee, the name of the person’s employer or the name of the business that employs the person.

iv. A summary of any unsatisfactory conditions observed or discovered and the steps taken to correct such conditions.

2. A copy of every document relating to each inspection, maintenance and repair mentioned in paragraph 1.

3. A record of the following information with respect to each complaint received by the person with respect to the heating system, if the complaint relates to the natural environment:

i. The date and time when the complaint was received.

ii. A copy of the complaint, if it is a written complaint.

iii. A summary of the complaint, if it is not a written complaint.

iv. A summary of measures taken, if any, to address the complaint.

(2)  A person who engages in an activity prescribed by section 2 shall ensure that each document relating to the recommendations of the manufacturer of each component of the heating system with respect to the use, operation and maintenance of the component is retained for the period during which the component is used or operated as part of the system.

Prescribed date approval ceases to have effect

6.  For the purposes of clause 20.17 (b) of the Act, October 31, 2016 is prescribed as the day on which an environmental compliance approval issued in respect of any activity to which this Part applies ceases to apply to that activity.

PART III
STANDBY POWER SYSTEMS

Interpretation

7.  In this Part, a reference to a structure does not include a structure that is only intended to soundproof a generator unit or protect it from the elements.

Prescribed activities, s. 20.21 (1) of the Act

8.  (1)  Subject to subsections (3) and (4), the following are prescribed activities for the purposes of subsection 20.21 (1) of the Act:

1. The use, operation, construction, alteration, extension or replacement of a standby power system that meets the criteria set out in subsection (2) and that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water.

2. The alteration of a process or rate of production with respect to a standby power system that meets the criteria set out in subsection (2) if the alteration may result in,

i. a contaminant being discharged into any part of the natural environment other than water, or

ii. the rate or manner of discharge of a contaminant into any part of the natural environment other than water being altered.

(2)  The criteria referred to in subsection (1) with respect to a standby power system are the following:

1. The standby power system uses only one or more of the following as fuel:

i. Biodiesel.

ii. Diesel.

iii. Natural gas.

iv. Propane.

2. The rated capacity of each generator unit that is part of the standby power system does not exceed 700 kilowatts.

3. The wastewater from the standby power system, if any,

i. is transferred to a waste management system,

A. that is subject to an environmental compliance approval, or

B. in respect of which an activity has been registered for the purposes of subsection 20.21 (1) of the Act,

ii. is discharged to a sewage works that is subject to an environmental compliance approval, or

iii. is discharged to a municipal sanitary sewer.

(3)  This section does not apply in respect of any activities relating to the construction of a standby power system that are carried out at a site other than the site at which the standby power system is intended to be used.

(4)  This section does not apply in respect of activities relating to the following standby power systems:

1. A standby power system that is used to generate electricity at a renewable energy generation facility and is operated in the circumstances described in subsection 7 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Act.

2. A standby power system that is,

i. associated with a building or structure that contains one or more dwellings, and

ii. used by the occupants of not more than three dwellings in the building or structure.

3. A standby power system that is used in agriculture.

4. A standby power system that is used solely to mitigate the effects of an emergency declared to exist under the Emergency Management and Civil Protection Act.

5. A standby power system that is part of a large municipal residential system or a small municipal residential system, as those systems are defined in Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002.

Registration exemptions, s. 20.21 (1) (a) and (b) of the Act

9.  (1)  A person who engages in an activity prescribed by section 8 at a site is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if,

(a) the person has previously registered an activity prescribed by section 8 of this Regulation in respect of a standby power system at the site; and

(b) the registration in respect of the previously registered activity is not suspended and has not been removed from the Registry.

(2)  A person who engages in the alteration of a rate of production with respect to a generator unit that is part of a standby power system is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if, after the alteration, the output from the generator unit is less than the rated capacity of the generator unit.

Activity requirements, s. 20.21 (1) (c) of the Act

10.  (1)  For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 8 of this Regulation shall ensure that the following requirements in respect of the standby power system are complied with:

1. Each component of the system shall be used, operated and maintained in a manner that satisfies the recommendations of the manufacturer of the component.

2. The system shall be used and operated only for the provision of electrical power during power outages or involuntary power reductions or for testing or performing maintenance on the system in accordance with subsection (2).

3. Subject to subsection (3), the exhaust stacks that discharge contaminants, other than noise, from the system into the air shall be oriented vertically and shall be free of any impediments that would prevent the flow of the emissions.

4. Subject to subsection (3), each generator unit that is part of the system shall,

i. if the unit uses diesel or biodiesel as fuel, have been specified by the manufacturer of the unit to, at a minimum, conform to the Tier 1 Emission Standards set out in Table 1 of 40 CFR 89.112 (United States), and

ii. if the unit uses propane or natural gas as fuel,

A. have been designed by the manufacturer to discharge a maximum of 9.2 grams of nitrogen oxides per kilowatt hour, or

B. be equipped with pollution control equipment specified by the manufacturer to limit the discharge of nitrogen oxides to a maximum of 9.2 grams per kilowatt hour.

5. Subject to subsection (3), if a generator unit that is part of the system is located outside a building or structure and the unit has a sound pressure level, as specified by the manufacturer of the unit, that is greater than 75 decibels (A-weighted) at a distance of seven metres from the unit, measures shall be taken to provide sufficient sound attenuation to reduce the sound from the unit to a maximum sound pressure level of 75 decibels (A-weighted) at a distance of seven metres from the unit.

6. Subject to subsection (3), if a generator unit that is part of the system is located inside a building or structure and the unit has a sound pressure level, as specified by the manufacturer of the unit, that is greater than 75 decibels (A-weighted) at a distance of seven metres from the unit,

i. sound attenuation measures shall be installed in the cooling air intake and exhaust openings in the room housing the unit that are capable of providing sufficient sound attenuation to reduce the sound from the openings by not less than the insertion loss levels set out in Column 2 of Table 1 of this subsection for the octave band centre frequency set out opposite in Column 1 of that Table,

ii. the unit’s engine combustion exhaust muffler shall be capable of providing sufficient sound attenuation to reduce the sound from the exhaust stack by not less than the insertion loss levels set out in Column 2 of Table 2 of this subsection for the octave band centre frequency set out opposite in Column 1 of that Table, and

iii. all external doors to the room housing the unit shall be set in a door jamb fitted with dual solid neoprene gaskets along the perimeter, shall be capable of providing a minimum sound transmission class rating of 35, measured in accordance with the standards referenced in Sentence 5.9.1.1.(1) of Ontario Regulation 350/06 (Building Code) made under the Building Code Act, 1992, and shall be composed of,

A. solid slab wood of a minimum thickness of 50 millimetres, or

B. steel skin with a glass fibre insulated core.

7. If the person receives a complaint with respect to the system and the complaint relates to the natural environment, the district manager of the Ministry for the district in which the system is located shall be notified of the complaint no later than two business days after the complaint is received.

TABLE 1
SOUND REDUCTION FROM COOLING AIR INTAKE AND EXHAUST OPENINGS

Item

Column 1

Column 2

 

Octave band centre frequency (Hertz)

Insertion loss (decibels)

1.

125

10

2.

250

12

3.

500

14

4.

1000

15

5.

2000

15

6.

4000

15

TABLE 2
SOUND REDUCTION FROM ENGINE COMBUSTION EXHAUST STACKS

Item

Column 1

Column 2

 

Octave band centre frequency (Hertz)

Insertion loss (decibels)

1.

125

23

2.

250

29

3.

500

30

4.

1000

28

5.

2000

22

6.

4000

21

(2)  For the purposes of paragraph 2 of subsection (1), testing or performing maintenance on the standby power system shall meet the following requirements:

1. The system shall be used and operated for the purpose of testing or performing maintenance for a maximum of 60 hours in any 12-month period.

2. The system shall be used and operated for the purpose of testing or performing maintenance only between the hours of 7 a.m. and 7 p.m.

3. When the system is used and operated for the purpose of testing or performing maintenance, the air intakes, doors and windows of any buildings or structures located on the same site as the system shall be closed, if doing so would reduce the likelihood of emissions from the system entering the building or structure.

4. If more than one generator unit is part of the system, only one unit shall be used and operated at any time for the purpose of testing or performing maintenance.

5. If the Ministry issues a smog advisory that identifies an area in which the system is located, the system shall not be used or operated for the purpose of testing or performing maintenance until a termination notice with respect to the advisory has been issued for that area.

(3)  If a person engages in an activity prescribed by section 8 with respect to a standby power system and an environmental compliance approval was in effect in respect of the standby power system on October 31, 2011,

(a) paragraph 3 of subsection (1) does not apply in respect of an exhaust stack that was part of the system at the time the approval was issued, unless a change has been made to the stack since the time the approval was issued; and

(b) paragraphs 4, 5 and 6 of subsection (1) do not apply in respect of a generator unit that was part of the system at the time the approval was issued.

Records

11.  (1)  A person who engages in an activity prescribed by section 8 shall ensure that each of the following records is retained for a period of five years from the day it is created:

1. A record of the following information with respect to each test, use, operation, inspection, maintenance and repair of the standby power system:

i. The date, time and duration of each test of each generator unit that is part of the system.

ii. The date, time and duration of, and the reason for, each use or operation of the system.

iii. The date and a summary of each inspection, maintenance or repair.

iv. The name of the person who performed each test, inspection, maintenance or repair.

v. If the person referred to in subparagraph iv is an employee, the name of the person’s employer or the name of the business that employs the person.

vi. A summary of any unsatisfactory conditions observed or discovered and the steps taken to correct such conditions.

2. A copy of every document relating to each test, inspection, maintenance and repair of the standby power system.

3. A record of the following information with respect to each complaint received by the person with respect to the standby power system, if the complaint relates to the natural environment:

i. The date and time when the complaint was received.

ii. A copy of the complaint, if it is a written complaint.

iii. A summary of the complaint, if it is not a written complaint.

iv. A summary of measures taken, if any, to address the complaint.

(2)  A person who engages in an activity prescribed by section 8 shall ensure that each of the following records in respect of a component or other item that is used or operated as part of the standby power system is retained for the period during which the component or other item is used or operated as part of the system:

1. Documents relating to the recommendations of the manufacturer of each component of the system with respect to the use, operation and maintenance of the component.

2. If any of the requirements set out in paragraph 4, 5 or 6 of subsection 10 (1) apply, copies of documents provided by the manufacturer of the generator unit or any equipment associated with the unit that specify that the applicable requirements are met.

Prescribed date approval ceases to have effect

12.  For the purposes of clause 20.17 (b) of the Act, October 31, 2016 is prescribed as the day on which an environmental compliance approval issued in respect of any activity to which this Part applies ceases to apply to that activity.

PART IV
COMMENCEMENT

Commencement

13.  This Regulation comes into force on the later of November 18, 2012 and the day this Regulation is filed.

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