By: Tina Sanderson

The Multi-Sector Air Pollutants Regulations (MSAPR) was registered by Environment and Climate Change Canada (ECCC) in June 2016 with the objective to achieve consistent Canada-wide performance standards for certain industrial facilities and equipment.   Part 1 of MSAPR applies to pre-existing, transitional or modern boilers or heaters with a rated capacity of at least 10.5 GJ/h, in a regulated facility, that combusts gaseous fossil fuel.  Part 1 of MSAPR does not apply to all boilers and heaters, specific types of boilers and heaters are exempt from the regulation.

MSAPR establishes a process for registering, monitoring, testing and reporting of oxides of nitrogen (NOX) emissions and provides NOX emission intensity limits (g NOX/GJ).  These limits are phased in over time for pre-existing boilers and heaters based on the determined classification and the timing of trigger events or major modifications.

Prior to June 17, 2017 all regulated facilities were required to classify their boilers and/or heaters as either:

•             Class 80:  NOX Emission Intensity ≥ 80 g NOX/GJ

•             Class 70:  NOX Emission Intensity ≥ 70 g NOX/GJ and < 80 g NOX/GJ

•             Class 40:  NOX Emission Intensity < 70 g NOX/GJ

By default all boilers and heaters are classified as “Class 80”.  In order for a facility to classify a boiler or heater as “Class 70” or “Class 40” they had to have performed a stack test or continuous emission monitoring (CEM) test on the unit, have historical stack test data for the unit or have stack test data for an identical piece of equipment with which the unit could be identified with.

The determination of classification using a Stack Test or CEM Test must have been completed by June 17, 2017 and reported to the Minister September by 17, 2017.

For unmodified pre-existing boilers and heaters, the facility may either keep the NOX emission intensity elected in June 17, 2017 or opt to conduct optional Stack Tests or CEM Tests before December 31, 2022 and, depending on the results, reclassify the boilers and heaters as either “Class 70” (≥ 70 g NOX/GJ and < 80 g NOX/GJ) or “Class 40” (< 70 g NOX/GJ).

The requirements for the three classes are summarized below:   

* unless there is a triggering event or major modification

The following are regulated facilities under MSAPR Part 1:

a.      oil and gas facilities;

b.      oil sands facilities;

c.      chemicals facilities;

d.      nitrogen-based fertilizer facilities;

e.      pulp and paper facilities;

f.       base metals facilities;

g.      potash facilities;

h.      alumina facilities and aluminum facilities;

i.       power plants;

j.       iron, steel and ilmenite facilities;

k.      iron ore pelletizing facilities; and

l.       cement manufacturing facilities.

MSAPR Part 1 does not apply in respect of the following types of boilers or heaters:

a.       a heater that is used to dry, bake or calcinate materials, including a kiln as defined in section 101 and an anode-baking furnace;

b.      a heater that is used in any process to chemically transform ore or intermediate products into bulk metallic products;

c.      a coke oven battery;

d.      a heater or boiler that is designed to combust coke oven gas;

e.      a blast furnace stove;

f.       a heater or boiler that is designed to combust blast furnace gas;

g.      an ethylene cracker;

h.      a steam methane reformer;

i.       a reheat furnace;

j.       a boiler or heater that is used only for activities that are subsequent to the hot rolling of steel into basic shapes at an iron, steel and ilmenite facility;

k.      a chemical recovery boiler;

l.       a biomass boiler;

m.    a heat-recovery steam generator;

n.      a boiler that combusts exhaust gases that arise from the partial combustion of coke in a vessel integrated with a fluid coking unit; and

o.     a boiler or heater that is used only in the start-up of a facility or process and operated for fewer than 500 hours in each previous year of its operation.