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New Brunswick Legislation

New Brunswick H2S

Hydrogen Sulphide (also called ‘sour gas’, ‘sewer gas’)

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NEW BRUNSWICK
REGULATION 97-133 under the Clean Air Act
(O.C. 97-923)
Filed November 20, 1997

Definitions 2In this Regulation and in any approval issued under it
“Act” means the Clean Air Act;
“averaging period” means the period of time over which an arithmetic mean or geometric mean is calculated, as the case may be;
“ground level” includes any elevation above ground where human social or economic activity may occur; “modify” means, when used with reference to a source,
    (a)to do anything that would increase
        (i)the amount of a contaminant released into the air by the source,
        (ii)the rate of release of a contaminant into the air by the source,
        (iii)the concentration of a contaminant in the air by the source,
    (b)to release into the air a contaminant that was not previously released into the air by the source, or
        (c)to do any other thing in relation to the source that, in the opinion of the Minister, would result in an increase in the  concentration of a contaminant in the air or the release into the air of a contaminant that was not previously released into the air by the source;
    “operator” , when used with reference to a source, means the person who controls the operation of a source and includes the occupier of the real property upon or in which the source is located;
    “performance test” means any testing or sampling performed to determine the release rate or the concentration of any air contaminant from any source, the concentration of a contaminant in the air or any other information that may be relevant in determining the environmental impact of a source;
    “source” means any stationary property, real or personal, taken as a whole, that releases or may release any air contaminant;
    “standard conditions” means a temperature of 21.0 degrees Celsius and a pressure of 101.3 kilopascals absolute; PART I Prohibitions respecting construction, modification or operation of a source 3(1)Subject to the Act and this Regulation, no person shall
    (a)construct, modify or operate or permit the construction, modification or operation of a source without applying for and obtaining an approval in accordance with this Part, or
    (b)if an approval has been issued for a source, modify the source without applying for and obtaining an amendment to the approval, in accordance with this Part.
3(2)No person shall construct, modify or operate or permit the construction, modification or operation of a source except in accordance with the terms and conditions imposed on the approval issued for that source.
3(3)No owner of land shall knowingly permit on the owner’s land any construction, modification or operation of any source that is in contravention of this Regulation. Application for approval 5(1)An owner or operator who is required to apply for an approval or an amendment to an approval authorizing the construction, modification or operation of a source shall submit an application to the Minister, on a form provided by the Minister, and shall provide such other documentation or information as the Minister may require within the time specified by the Minister. 5(2) Repealed: 2001-96 5(3)After receiving an application for an approval and such other documentation or information as the Minister may require under subsection (1) and after completing any public consultation that may be required under the Act or the regulations, the Minister may, in the Minister’s discretion,
    (a)issue an approval for the source, subject to such terms and conditions as the Minister may consider appropriate, or
    (b)deliver to the applicant a written notice of refusal of the application, with reasons.
5(4)The Minister may issue guidelines for the control of air contaminants at any source and these guidelines may be used in imposing terms and conditions of an approval.
5(5)Without restricting the generality of subsection 15(1) of the Act or of subsection (3), the Minister may refuse to issue an approval if
    (a)all facts material to the application for the approval have not been fully disclosed, or
    (b)the facts, representations and other information contained in the application for the approval are not true or accurate. Period of validity of approval 6(1)An approval shall be valid for the period of time, not to exceed five years, that is specified in the approval.
6(2)If no period of time is specified in an approval in accordance with subsection (1), the approval shall be valid for five years. Renewal of approval 7(1)Upon the expiry of the time for which an approval is valid, the Minister may, upon application, renew the approval for a further period not exceeding five years.
7(2)A person who wishes to renew an approval shall apply for a renewal
(a)in the case of a Class 1 approval, at least 240 days before the approval is to expire, and
(b)in the case of any other approval, at least 90 days before the approval is to expire.
7(3)The Minister may abridge a 90 day requirement imposed under paragraph (2)(b).
7(4)Notwithstanding paragraph (2)(a), if on the commencement of this subsection, a Class 1 approval has fewer than 240 days and more than 90 days before it is to expire, an application for its renewal shall be made at least 90 days before the approval is to expire.
7(5)Notwithstanding paragraph (2)(a), the Minister may, until December 1, 2001, extend the period of time imposed under that paragraph by not more than 90 days, if the Minister is satisfied that an applicant requires more time to complete its application.
7(6)A person who applies for a renewal of an approval shall submit the application on a form provided by the Minister, and shall provide such other documentation or information as the Minister may require within the time specified by the Minister. Implication of issuance of approval 8The issuance of an approval for a source does not relieve the owner or operator of the source from compliance with any of the provisions of the Act or the regulations. Amendments respecting approval 9(1)After an application for an approval for a source has been received by the Minister, whether before or after the approval has been issued, the applicant or the holder of the approval, as the case may be, shall forthwith notify the Minister in writing and provide the Minister with the full particulars of any change in the name or mailing address of the owner or operator of the source.
9(2)The persons named as the owner or operator of a source on an application for an approval or on an approval continue to be jointly and severally responsible along with any subsequent owner or operator of the source for any construction, modification or operation of the source until the Minister is notified of a change under subsection (1).
9(3)The Minister may amend an application or an approval in accordance with notice given under subsection (1).
9(4)The holder of an approval may at any time apply to have the terms and conditions imposed on the approval amended and section 5 applies with the necessary modifications to such an application. Cancellation or suspension of approval 10(1)The Minister, if suspending or cancelling an approval under subsection 15(1) of the Act for any reason, shall deliver to the holder a written notice of the suspension or cancellation, with reasons.
10(2)An approval is automatically cancelled by the issuance of a new approval applying to the same source.
10(3)If the Minister suspends an approval under subsection 15(1) of the Act because the holder of the approval has not paid a fee payable under Part V, the suspension shall continue until the outstanding fee has been paid. Appeal 11(1)A person who was the holder of an approval that has been cancelled or suspended may appeal the cancellation or suspension as provided for in the Appeal Regulation - Clean Air Act, and may continue to operate the source to which the approval applies in accordance with the approval, during the time that the appeal is being diligently pursued.
11(2)Subsection (1) shall not be construed, in any way, so as to abrogate from the requirement that the person comply with any order made under the Act or the regulations. Notice of violation 12(1)If any term or condition of an approval is violated for any reason, the operator of the source shall give notice of such violation to the Minister immediately, setting out in the notice a description of
    (a)the source, including the name of the owner and the operator,
    (b)the nature of the violation, including its extent and duration,
    (c)the cause of the violation, and
    (d)any remedial action taken or to be taken to mitigate the effects of, or to prevent a recurrence of, the violation.
12(2)Where any term or condition of an approval has been violated and the Minister has been notified under subsection (1), the Minister, if considering it advisable, may authorize in writing the continuance of the operation of the source for such period of time as the Minister considers reasonable in the circumstances, subject to such terms and conditions as the Minister considers appropriate. PART III Requirements for performance testing
16(1)An owner or operator of a source shall conduct performance tests at such times and in such manner as the Minister may in writing direct.
16(2)Without limiting the generality of subsection
(1), the Minister may require the operator of a source
    (a)to install, maintain in good working order and operate properly devices to measure and record any parameters of the operation of a source or parameters resulting from the operation of a source that are stipulated by the Minister,
    (b)to report any measurements obtained under paragraph
        (i) that the Minister may direct, and
    (c)to retain any records obtained under paragraph
        (i) for the period of time that the Minister may direct.
16(3)The operator of a source shall comply with the requirements of the Minister under subsections (1) and (2).
16(4)The operator of a source shall make any information measured and recorded in accordance with subsections (1) and (2) available in readable form to an inspector at any reasonable time upon the inspector’s request. Performance testing facilities 17The owner or operator of a source shall provide such performance testing facilities as the Minister may require, including, without limiting the generality of the foregoing,
    (a)sampling ports adequate for test procedures suitable for the source,
    (b)a safe sampling platform that is safely accessible, and
    (c)such electrical and other utilities outlets as may be necessary for the operation of sampling and testing equipment suitable for the source. Conduct of performance tests 18(1)The person conducting any performance tests required under section 16 shall furnish the Minister with a written report of all data obtained during the tests, whether the tests are valid or not, a summary of any operational data and other information relevant to the taking of the tests and any other information required by the Minister.
18(2)A performance test shall be considered valid if it meets the following specifications:
(a)it consists of three repetitions of the test method; and
(b)the result of each repetition is within thirty-five per cent of the average of the results of all three repetitions.
18(3)Notwithstanding subsection (2), a performance test may be considered valid if it meets the following specifications:
(a)it consists of three applications of the test method; and
(b)if the result of one repetition deviates from the average of all three repetitions by more than thirty-five per cent
(i)the excess deviation from the average was due to a specific upset in the operation of the source, and
(ii)the result of each of the other two repetitions is within thirty-five per cent of the average of those two repetitions. PART V Application of Part
24(1)In this Part
“permitted rate of release” means, in relation to a source, the rate of release from the source permitted by the approval for the source.
24(2)Subject to subsection (3), this Part applies
(a)to a person who holds an approval for a source, whether the approval was issued before or after the commencement of this Regulation, and
(b)to a person who applies for the issuance, amendment or renewal of an approval for a source, whether the application for the issuance, amendment or renewal of the approval was made before or after the commencement of this Regulation.
24(3)This Part does not apply to an applicant for or the holder of an approval to operate a source if the applicant or holder is a municipality or rural community.
2005-50 Classes of sources 25(1)For the purposes of this Regulation, a source is, subject to subsections (2) and (3), classified as
    (a)a Class 1A source, if the source has a permitted rate of release of one or more of the following:
        (i)sulphur dioxide, exceeding one thousand tonnes per year; or
        (ii)particulate matter, exceeding one thousand tonnes per year;
            (a.1)a Class 1B source, if the source has a permitted rate of release of one or more of the following:
                (i)gas, exceeding three thousand actual cubic metres per minute;
                (ii)sulphur dioxide, exceeding two hundred and fifty tonnes per year but not exceeding one thousand tonnes per year; or
                (iii)particulate matter, exceeding two hundred and fifty tonnes per year but not exceeding one thousand tonnes per year;
    (b)a Class 2 source, if the source is not classified as a Class 1 source and if it has a permitted rate of release of one or more of the following:
        (i)gas, exceeding six hundred actual cubic metres per minute but not exceeding three thousand actual cubic metres per minute;
        (ii)sulphur dioxide, exceeding one hundred tonnes per year but not exceeding two hundred and fifty tonnes per year; or
        (iii)particulate matter, exceeding one hundred tonnes per year but not exceeding two hundred and fifty tonnes per year;
    (c)a Class 3 source, if the source is not classified as a Class 1 or Class 2 source and if it has a permitted rate of release of one or more of the following:
        (i)gas, exceeding thirty actual cubic metres per minute but not exceeding six hundred actual cubic metres per minute;
        (ii)sulphur dioxide, exceeding ten tonnes per year but not exceeding one hundred tonnes per year; or
        (iii)particulate matter, exceeding ten tonnes per year but not exceeding one hundred tonnes per year; or
    (d)a Class 4 source, if the source is not classified as a Class 1, Class 2 or Class 3 source and if it has a permitted rate of release of one or more of the following:
        (i)gas, not exceeding thirty actual cubic metres per minute;
        (ii)sulphur dioxide, not exceeding ten tonnes per year; or
        (iii)particulate matter, not exceeding ten tonnes per year.
25(2)For the purposes of subsection (1), the release of gas solely from the combustion of fuel to generate heat or steam shall not be taken into consideration in determining the permitted rate of release of gas.
25(3)If an approval for a source requires the installation of equipment designed to control, reduce or eliminate the potential release of contaminants other than sulphur dioxide or particulate matter, the source shall
    (a)be classified as a Class 1B source, if it would have but for this subsection been classified as a Class 2 source,
    (b)be classified as a Class 2 source, if it would have but for this subsection been classified as a Class 3 source, and
    (c)be classified as a Class 3 source, if it would have but for this subsection been classified as a Class 4 source.
25(4)The class of an approval issued to an applicant shall correspond to the number by which the source is classified under this section.
98-12 Determination of classification by Minister 26If a question arises as to the proper classification of a source for the purposes of this Regulation, the Minister shall determine the question and the Minister’s determination shall be final. Fees 27(1)Subject to subsection (4), the holder of an approval, whether issued or renewed and regardless of the date of issuance or renewal, shall, on or before the first day of April in each year, pay the following fee:
    (a)for a Class 1A approval
        (i)for the period ending March 31, 2005, $42,000, and
        (ii)on or after April 1, 2005, $60,000;
    (b)for a Class 1B approval
        (i)for the period ending March 31, 2005, $15,000, and
        (ii)on or after April 1, 2005, $28,000;
    (c)for a Class 2 approval
        (i)for the period ending March 31, 2005, $1,000,
        (ii)from the April 1, 2005, to March 31, 2006, both dates inclusive, $3,000, and
        (iii)on or after April 1, 2006, $5,000;
    (d)for a Class 3 approval
        (i)for the period ending March 31, 2005, $100, and
        (ii)on or after April 1, 2005, $1,000; and
    (e)for a Class 4 approval
        (i)for the period ending March 31, 2005, no fee, and
        (ii)on or after April 1, 2005, $500.
27(2)If an approval is to be issued on a date other than the first day of April, for a source for which an approval has previously been issued, the fee set out in subsection (1) for the class of approval to be issued shall be paid before the issuance, for the issuance, and shall not be prorated, regardless of the date of the issuance.
27(3)If an approval is to be issued on a date other than the first day of April, for a source for which no approval has previously been issued, the fee set out in subsection (1) for the class of approval to be issued shall be paid before the issuance, for the first issuance of the approval but shall be prorated based on the number of days between the date of issuance and the next following thirty-first day of March, inclusive.
27(4)If an annual payment is paid before the first day of April, 1998 for the issuance or renewal of an approval to be valid before, on and after the thirty-first day of March, 1998, the annual payment payable under subsection (1) on the first day of April, 1998 shall be reduced by the portion of the previous payment that related to the portion of a year after the thirty-first day of March, 1998, for which the previous payment was made, prorated based on the number of days in that portion of a year.
27(4.1)If an approval expires on a day other than the thirty-first of March and is not renewed, the holder of the approval shall be entitled to a refund of the fee paid under subsection (1) for the portion of the year between the day after the date of expiry and the next following thirty-first of March, inclusive, prorated based on the number of days in that portion of a year.
27(5)If at any time a source for which an approval has been issued begins to release a contaminant referred to in subsection 25(1) at a rate exceeding the maximum rate specified in that subsection for a source of its class, the holder of the approval shall immediately pay the difference between
    (a)the fee paid for the approval under subsection (1) on the previous first day of April, or the fee paid for the issuance of the approval, whichever was paid more recently, and
    (b)the fee set out in subsection (1) for an approval of a class that would have permitted the greater rate of release.
27(6)Subject to subsections (3), (4) and (4.1), no fee payable under this section shall be prorated.
27(7)A person who holds more than one approval shall pay the fee under this Regulation in respect of each approval held by that person.
98-12; 2001-82; 2005-14 Deeming provision 28An approval issued under New Brunswick Regulation 83-208 under the Clean Environment Act and still in effect on the commencement of this section shall be deemed, with the necessary modifications, to be an approval issued under this Regulation. Repeals 29(1)Regulation 83-208 under the Clean Environment Act is repealed.
29(2)Regulation 93-200 under the Clean Environment Act is repealed. Commencement provision 30This Regulation comes into force on December 15, 1997.

SCHEDULE B  MAXIMUM PERMISSIBLE GROUND LEVEL CONCENTRATIONS
IN MICROGRAMS PER CUBIC METRE AT STANDARD CONDITIONS

AVERAGE PERIOD
Contaminant / 1 hour / 8 hours / 24 hours / 1 year /

Carbon monoxide / 35,000 / 15,000    
Hydrogen sulphide / 15 / 5  
Nitrogen dioxide / 400 / 200 / 100
Sulphur dioxide / 900 / 300 / 60
 

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