273 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, FRIDAY, MAY 21, 2004 No. 21 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF SPRINGDALE MUNICIPAL PLAN AMENDMENT No. 2, 2004, and DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2004 Take notice that the Town of Springdale Municipal Plan Amendment No. 2, 2004, and Development Regulations Amendment No. 2, 2004 adopted on the 2 nd day of February and approved on the 15th day of March, 2004, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of the Municipal Plan Amendment No.2, 2004, is to re-designate a portion of land located at the intersection of Little Bay Road, Grant Avenue, and Recreation Road from Residential to Mixed Highway Commercial and Light Industrial. The purpose of Development Regulations Amendment No. 2, 2004, is to rezone the same portion of land from Residential Medi um Density to Mixed Highway Commercial. The Amendments are required to allow for a restaurant/sandwich shop at this location.

The Town of Springdale Muni cipal Plan Amendment No. 2, 2004, and Development Regu lations Amendment No. 2, 2004, comes into effect on th e day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Town of Springdale Municipal Plan Amendment No. 2, 2004, and Development Regulations Am endment No. 2, 2004, may do so at the Town Office, Springdale, during normal working hours. TOWN OF SPRINGDALE Town Clerk May 21 CITY OF ST. JOHN’S ACT ST. JOHN’S MUNICIPAL COUNCIL NOTICE ST. JOHN’S MOBILE VENDING BY-LAW Take notice that the St.

John’s Municipal Council has adopted the Mobile Vending By-Law. The said By-Law was adopted by Council on the 10 th day of May, 2004 and will have the effect of updating the Mobile Canteen Regulations enacted on February 19, 1986 and will regulate mobile vending in the City of St. John’s.

THE NEWFOUNDLAND AND LABRADOR May 21 2004 274 All persons are herby required to take notice that any person who wishes to view such By-Law may view same at the Office of the City Solici tor of the St. John’s Municipal Council at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office upon the payment of a reasonable charge as established by the St. John’s Municipal Council for such copy. Dated this 13th day of May, 2004. NEIL MARTIN City Clerk P.

O. # 35743 May 21 MUNICIPALITIES ACT ORDER RESPECTING A FEASIBILITY REPORT TOWN OF WINTERLAND I, Jack Byrne, Minister of Municipal and Provincial Affairs, pursuant to the provisions of the Municipalities Act, make the following Order: ORDER 1. A Feasibility Report shall be prepared to consider the proposed reduction to the Winterland town boundary by removing a cottage area south of the Winterland Airstrip in the vicinity of Main Brook. 2. Mr. Keith Warren is hereby appointed to prepare the said Feasibility Report. 3.

The Feasibility Report shall be prepared in accordance with the provisions of the Municipalities Act and shall be completed and submitted to me on or before the 30 th day of July, 2004. Dated at St. John’s, this 12 th day of May, 2004. JACK BYRNE Minister of Municipal & Provincial Affairs May 21 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that Black Duck Cove Harbour Authority of Black Duck Cove, NL intends to apply to the Department of Environment a nd Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2)(

e) of th e said Act, to that piece of Crown Land situated within fi fteen (15) metres of the waters of Black Duck Cove, in the Electoral District of St. Barbe for the purpose of wharf construction and being more particularly described as follows: Parcel 1: Bounded on the North by the Atlantic Ocean for a distance of 50 m; Bounded on the East by the Atlantic Ocean for a distance of 50 m; Bounded on the South by the Atlantic Ocean for a distance of 50 m Bounded on the West by Beach for a distance of 50 m; and containing an area of approximately 2500 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, Newfoundland and Labrador, A2H 6J8. For further information regarding the proposed application, please contact Jacob Dredge, Black Duck Cove Harbour Authority, Telephone (709) 877-2309.

May 21 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Martha Pearl Harding, late of the City of Corner Brook, in the Province of Newfoundland and Labrador, Gentlewoman, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Martha Pearl Harding, Gentle woman, deceased, who died at the City of Corner Brook, in the Province of Newfoundland and Labrador, on or about the 31 st day of December, 2003, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Executor of the Estate of the late Martha Pearl Harding, on or before the 10th day of June, 2004, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED at the City of Corner Brook, in the Province of Newfoundland and Labrador, the 10th day of May, 2004. POOLE ALTHOUSE Solicitors for the Executor PER: J. Annette Bennett ADDRESS FOR SERVICE 49-51 Park Street P. O. Box 812 Corner Brook, NL A2H 6H7 May 21

THE NEWFOUNDLAND AND LABRADOR May 21 2004 275 ESTATE NOTICE IN THE MATTER OF the Estate of Obadiah King, Retired Electrician, late of the City of St. John’s, in the Province of Newfoundland and Labrador, Deceased, who died on or about the 19th day of January, 2003. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Obadiah King, Retired Electrician, late of the City of St.

John’s, in the Province of Newfoundland and Labrador, Deceased, are hereby requested to send the particulars thereof in writing, duly attested, to the undersigned Solicitors for the Executor of the said Deceased, on or before the 30th day of June, 2004, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which she then shall have had notice. DATED at St. John’s, this 12th day of May, 2004. BENSON-MYLES Barristers and Solicitors PER: Francis P. Fowler, Q.C. ADDRESS FOR SERVICE: P. O. Box 1538 Suite 900, Atlantic Place 215 Water Street St.

John’s, NL A1C 5N8 May 21 ESTATE NOTICE IN THE MATTER OF the Esta te of Michael M. Ryan, late of Bay Bulls, in the Province of Newfoundland and Labrador, retired Funeral Director, deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Michael M. Ryan, aforesaid, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for Robert M.

Ryan, the Executor named in the Last Will of the said deceased, on or before 5:00 p.m., Friday, June 25 th, 2004, after which date the Executor will proceed to distribute the Estate having regard only to the claims of which he shall then have notice. DATED at St. John’s, in the Province of Newfoundland and Labrador, this 12th day of May, 2004. BENSON-MYLES Solicitors for Robert M. Ryan, the Executor of the Last Will and Testament of the late Michael M. Ryan. PER: Jeffrey P. Benson, Q.C. ADDRESS FOR SERVICE 215 Water Street Suite 900, Atlantic Place P. O. Box 1538 St.

John’s, NL A1C 5N8 May 21 QUIETING OF TITLES 2004 05T 0115 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION NOTICE OF APPLICATION under the Quieting of Titles Act ,

Chapter Q-3, of the Revised Statutes of Newfoundland and Labrador. Notice is hereby given to all parties that Clyde Oldford and Doreen Oldford, of the Town of Port Blandford, in the District of Terra Nova, in the Province of Newfoundland and Labrador, have applied to the Supreme Court, Trial Division, Gander, to have title to all that piece or parcel of property situate at Port Blandford, in the Province of Newfoundland and Labrador, which property is more particularly describe d in Schedules “A” and “C” hereto annexed and shown in Schedules “B” and “D” hereto annexed.

ALL BEARINGS aforementioned, for which Clyde Oldford and Doreen Oldford claim to be the owners investigated and for a Declaration that they are the absolute owners in fee simple in possession and the said Clyde Oldford have been ordered to public Notice of Application as required by the above named Act.

ALL persons having title a dverse to the said title claimed by the said Clyde Oldford and Doreen Oldford shall file in the registry of the Supreme Court of Newfoundland and Labrador, Trial Division, Gander, particulars of such advers e claim and serve the same together with an Affidavit verifying same on the undersigned Solicitors for the Petitioner on or before the 13th day of June, 2004, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall then be investigated in such manner as the Supreme Court of Newfoundland and Labrador, Trial Division, Gander, may direct. DATED at Clarenville, in the Province of Newfoundland and Labrador, this 14 th day of May, 2004. MILLS, HUSSEY & PITTMAN Solicitor For the Applicants PER: Gregory K. Pittman ADDRESS FOR SERVICE: 111 Manitoba Drive Suite 201 Clarenville, NL A5A 1K2

THE NEWFOUNDLAND AND LABRADOR May 21 2004 276

SCHEDULE “A” Clyde & Doreen Oldford (Parcel (1)) Port Blandford, NL ALL THAT piece or parcel of land situate and being on the western side of Legion Road at Port Blandford, in electoral district of Terra Nova, Ne wfoundland and Labrador, and being bound and abutted as follows: BEGINNING at a point, said point being an iron pin set in the southwest corner of land claimed by Calvin Holloway and having reference from Control Monument No. 634102 of N83º52’34” W, 418.751 metres.

N89º05’40”W, 849.098 metres; N89º05’40”W, 63715 metres; THENCE running by land of Roy Holloway N89º05’ 40”W, 849.098 metres; THENCE running along eastern limit of the Trans Canada Highway (60.96 metres Wide) N17º49’02”E, 50.048 metres; Thence ruuning by land of James Wicks S89º05’40”E 832.073 metres; Thence running along the western limit of Legion Road (20 metres Wide) S50º48’37” E 19.080; Thence running by land claimed by Calvin Holloway S54º15’11”W 31.565 metres; S35º44’49”E 21.464 metres, more or less to the point of beginning.

The above described parcel contains an area of 4.0255 hectares, more or less, and is more particularly shown on the attached plan dated November 28, 2002. All Bearings premise that the Grid Bearing (NAD 83 from Control Monument No. 634102 to Control Monument No. 86G6079 is N00º38’47”W. (Plan # 2002-1681)

SCHEDULE “C” Clyde & Doreen Oldford (Parcel (2)) Port Blandford, NL ALL THAT piece or parcel of land situate and being on the western side of Trans Canada Highway at Port Blandford, in electoral district of Terra Nova, Newfoundland and Labrador and being bound and abutted as follows; BEGINNING at a point, said point being an iron pin set in the southeast corner of land herein described and having reference from Control Monument No. 634102 as follows: N83º52’34” W, 418.751 metres; N89º05’40” W 849.098 metres; N89º05’40” W, 63.715 metres; THENCE running by land of Roy Holloway N89º05’ 40”W, 39.326 metres; THENCE running by land of James Wicks N00º54’20”E, 47.884 metres; S89º05’40”E, 53.885 metres; Thence running along the western limit of the Trans Canada Highway (60.96 me tres Wide) S17º49’02”W 50.048 metres, more or less to the point of beginning.

The above described parcel contains an area of 2232 square metres, more or less, and is more particularly shown on the attached plan dated November 28, 2002. All Bearings premise that the Grid Bearing (NAD 83) from Control Monument No. 634102 to Control Monument No. 86G6079 is N00º38’47”W. (Plan #2002-1681) May 21

THE NEWFOUNDLAND AND LABRADOR May 21 2004 277

THE NEWFOUNDLAND AND LABRADOR May 21 2004 278

THE NEWFOUNDLAND AND LABRADOR May 21 2004 279 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- LORINDA ANNE ROSE of 194 Empire Avenue, St.

John’s, A1C 3G4, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ZAYNE JOHN YOUNG to ZAYNE JOHN ROSE DATED this 16th day of May, 2004 LORINDA ANNE ROSE (Signature of Applicant) May 21 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DIANNE SHARON GRANT of 7 Gosling Street, St.

John’s, A1B 3E5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from SARAH ELIZABETH YETMAN to SARAH ELIZABETH GRANT-YETMAN DATED this 10th day of May, 2004 DIANNE GRANT (Signature of Applicant) May 21 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR May 21 2004 280 May 21

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDIANTE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, FRIDAY, MAY 21, 2004 No. 21 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 35/04 NLR 36/04 NLR 37/04 NLR 38/04 NLR 39/04 NLR 40/04

The Newfoundland and Labrador Gazette May 21, 2004 169 NEWFOUNDLAND AND LABRADOR REGULATION 35/04 Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Stephenville Operations Exemption Order under the Electrical Power Control Act, 1994 and the Public Utilities Act (O.C. 2004-210) (Filed May 18, 2004) Under the authority of

section 5.2 of the Electrical Power Control Act, 1994 and

section 4.1 of the Public Utilities Act , the Lieutenant Governor in Council makes the following Order. Dated at St. John’s, May 14, 2004. Robert C. Thompson Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Definition 3. Exemption

Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Stephenville Operations Exemption Order 35/04 The Newfoundland and Labrador Gazette May 21, 2004 170 1. This order may be cited as the Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Stephenville Operations Exemption Order. 2. In this order, "Abitibi" means Abitibi-Consolidated Inc., Abitibi-Consolidated, General Partnership, or Abitibi-Consolidated Company of Canada, as the context may require. 3.

Newfoundland and Labrador Hydro is exempt from the applica- tion of the Electrical Power Control Act, 1994 and the Public Utilities Act for all aspects of a contract with Abitibi respecting the purchase of the right to interrupt power supplies to the Abitibi operations at Ste- phenville, Newfoundland and Labrador including (

a) negotiating and executing all contracts necessary or inciden- tal to this exemption; and (

b) acquiring and paying from its operating account all amounts to be paid under those contracts. ©Earl G. Tucker, Queen's Printer

Short title Definition Exemption

The Newfoundland and Labrador Gazette May 21, 2004 171 NEWFOUNDLAND AND LABRADOR REGULATION 36/04 Occupancy and Maintenance Regulations (Amendment) under the Urban and Rural Planning Act, 2000 (Filed May 18, 2004) Under the authority of

section 36 of the Urban and Rural Plan- ning Act, 2000, I make the following regulations. Dated at St. John’s, May 11, 2004. Jack Byrne Minister of Municipal and Provincial Affairs REGULATION Analysis 1. Sch. Amdt. 1. The

Schedule to the Occupancy and Maintenance Regula- tions is amended by adding immediate ly after the words "Town of Norman's Cove-Long Cove" the words "Town of North River". ©Earl G. Tucker, Queen's Printer CNLR 1021/96 as amended

The Newfoundland and Labrador Gazette May 21, 2004 173 NEWFOUNDLAND AND LABRADOR REGULATION 37/04 Open Season Big Game Caribou Hunting Order, Labrador, 2003-2004 (Amendment) under the Wild Life Regulations and the Wild Life Act (Filed May 18, 2004) Under the authority of sections 38, 92 and 114 of the Wild Life Regulations and the Wild Life Act, I make the following Order. Dated at St. John’s, May 15, 2004. Tom Osborne Minister of Environment and Conservation ORDER Analysis 1. S.4 Amdt. Open season 2. S.5 R&S Closed season 1. Subsection 4(1) of the Open Season Big Game Caribou Hunt- ing Order, Labrador, 2003-2004 is repealed and the following sub- stituted: NLR 101/03 as amended

Open Season Big Game Caribou Hunting Order, Labrador, 2003-2004 (Amendment) 37/04 The Newfoundland and Labrador Gazette May 21, 2004 174 4.

(1) There shall be an open season in the following zones during the dates specified: Bay of Islands Zone December 1, 2003 - April 30, 2004 Colville Lake Zone November 21, 2003 - April 30, 2004 George River Zone August 10, 2003 - April 30, 2004 Grand Lake Zone December 31 , 2003 - April 30, 2004 McPhayden River Zone December 1, 2003 - April 30, 2004 Michikimau East Zone November 17, 2003 - April 30, 2004 Michikimau West Zone Decembe r 1, 2003 - April 30, 2004 Milner Lake Zone December 1, 2003 - April 30, 2004 Mulligan River Zone December 31, 2003 - April 30, 2004 Nipishish Lake Zone March 25, 2004 - April 30, 2004 Orma North Zone November 14, 2003 - April 30, 2004 Orma South Zone November 10, 2003 - April 30, 2004 Torngat Mountain Zone August 10, 2003 - April 30, 2004 Twin Falls Zone November 17, 2003 - April 30, 2004

Section 5 of the Order is repealed and the following substi- tuted: 5. There shall be a closed season in the following zones: (

a) Big River Zone; (

b) Double Mer Barrens Zone; (

c) Lac Virot Zone; Open season Closed season

Open Season Big Game Caribou Hunting Order, Labrador, 2003-2004 (Amendment) 37/04 The Newfoundland and Labrador Gazette May 21, 2004 175 (

d) Sawbill Lake Zone; and (

e) Seal Lake Zone. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 21, 2004 177 NEWFOUNDLAND AND LABRADOR REGULATION 38/04 Provincial Parks Regulations (Amendment) under the Provincial Parks Ac (Filed May 19, 2004) Under the authority of

section 8 of the Provincial Parks Act , I make the following regulations. Dated at St. John’s, May 19, 2004. Tom Osborne Minister of Environment and Conservation REGULATIONS Analysis 1. S.6.1 Added Consumption of alcohol in Notre Dame Provincial Park 1. The Provincial Parks Regulations are amended by adding immediately after

section 6 the following: 6.1

(1) In this section, "alcoholic liquor" means alcoholic liquor as defined in the Liquor Control Act.

(2) A person shall not possess or consume alcoholic liquor within Notre Dame Provincial Park from 12:00 noon on Friday to NLR 91/97 as amended Consumption of alcohol in Notre Dame Provincial Park

Provincial Parks Regulations (Amendment) 38/04 The Newfoundland and Labrador Gazette May 21, 2004 178 12:00 noon on the immediately following Monday during the period May 21 to June 28, 2004. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 21, 2004 179 NEWFOUNDLAND AND LABRADOR REGULATION 39/04 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 follow- ing 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 stan- dards 4. Incineration prohibition 5. Good engineering stack height 6. Best available control tech- nology 7. Sulphur dioxide emission cap 8. Administrative penalty 9. Opacity of visual emissions 10. Performance testing facili- ties 11. Potential for air pollution in accident, emergency or ur- gent circumstances 12. Burning prohibited 13. Burning of waste products 14. Burning of grades 4, 5, or 6 fuel prohibited 15. Residential wood combus- tion prohibition 16. Motorized vehicles 17. Non-portable aboveground storage tanks

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 180 18. Gasoline distribution net- works 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

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Schedule G 1. These regulations may be cited as the Air Pollution Control Regulations, 2004. 2.

In these regulations (a) "Act" means the Environmental Protection Act; (b) "air contaminant" means an y 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 com- bination of them; (c) "air pollution" means the pr esence in air of an air contami- nant 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 man- agement 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 Associa- tion Code CAN/CSA-B415.1, Performance Testing of Solid Fuel Burning Heating Appliances;

Short title

Definitions

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 181 (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 de partment presided over by the minister; (i) "emission" means an air contaminant emitted into the envi- ronment; (j) "emission source" means any combustion process equip- ment, 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; (m) "good engineering stack hei ght (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 meas ured 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 re- sult in air pollution resulting from atmospheric down- wash or wakes created by the facility, nearby emission sources or terrain features; (n) "heavy duty motorized vehicl e" 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 kilo- grams for the 1988 model year and newer;

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 182 (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 previ- ously 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 lif e, 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;

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 183 (w) "reference conditions" mean s a dry gas temperature of 25 ° Celsius and a gas pressure of 101.325 kilopascals; (x) "stack" means a chimney, fl ue, 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; (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. 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 co ntaminants 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 pro- visions 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. Ambient air quality standards

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 184 4. An owner or operator shall not operate or permit the operation of new incineration or pyrometric equipment having an in-stack con- centration in excess of the standards prescribed in

Schedule B. 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), fo r the purposes of enforcing these regulations, the calculated concentra tion of an air contaminant at a point of impingement shall be from good engineering stack height. 6.

(1) An owner or operator who installs a new or modified emis- sion 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 tech- nology shall not apply to: (

a) routine maintenance, repair and parts replacement; (

b) normal increases in production rates unless otherwise pro- hibited; (

c) increases in hours of oper ation unless otherwise prohibited; or (

d) use of an alternative cl eaner 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 emissi on control device or technique; (

b) the most stringent emission control device or technique; (

c) proven reliable in comparable processes; and Incineration prohi- bition Good engineering stack height Best available control technology

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 185 (

d) economically feasible as dete rmined by the minister in light of industry standards after consultation with the particular owner or operator. 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 Feb- ruary 28 of each subsequent year.

(4) The first report under subsection (3) shall be submitted to the department no later than February 28, 2006. 8.

(1) For the purpose of environmental protection, the minister may, under the authority of

section 106 of the Act, impose an adminis- trative 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. 9.

(1) The owner or operator of an emission source with a name- plate 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 monito ring system and shall be calcu- lated 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%. Sulphur dioxide emission cap Administrative penalty Opacity of visual emissions

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 186

(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 subsec- tions (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, in- cluding any additions or deletions that the minister may re- quire; and (

c) the owner or operator shall comply with the approved con- tingency 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 opac- ity 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.

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 187 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; (

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 emis- sion source other than the emission source referred to in subsection (1) to provide performance testing facilities. 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 acci- dent, 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 th e 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 agree- Performance testing facilities Potential for air pollution in acci- dent, emergency or urgent circum- stances

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 188 ment with the owner or operator in writing regarding a situation con- templated by subsection (1), author izing the continuance of the opera- tion for the period of time as the minister considers reasonable. 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. 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 (

a) where the design and the in tended 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 con- trol 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 ob- tained. 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 tech- nology , (

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 ton- nes Burning prohibited Burning of waste products Burning of grades 4, 5, or 6 fuel prohib- ited () ( ) (. ) ( ) SO Vt 2 100000 19579

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 189 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. 15.

(1) Commencing July 1, 2008 a person shall not manufacture, sell or permit the selling of a reside ntial woodstove, fireplace insert or factory built fireplace which may emit particulate matter into the envi- ronment in excess of: (

a) the emission requirements of the Canadian standard; or (

b) the emission requirements of the US EPA standard.

(2) The emission requirements under subsection (1) shall be determined by the test methods and procedures contained in that stan- dard.

(3) Each unit manufactured, permitted or sold under subsection (1) shall have a readily visible, permanently affixe d manufacturer’s label which: Residential wood combustion prohibi- tion () () () SV V ii i n i i n = = ∑ ∑ 1 1

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 190 (

a) conforms to the labelling requirements in that standard; and (

b) indicates that the unit conf orms to the particulate matter emission requirements of that standard. 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 enti- tled 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. 17.

(1) Commencing January 1, 2012, all new and existing non- portable aboveground storage tanks with a volume greater than 4 m 3 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. Motorized vehicles Non-portable aboveground storage tanks

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 191 18.

(1) Commencing January 1, 2011, all new and existing per- sons 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 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 cap acity 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 departme nt by February 28 of each subse- quent year.

(5) The first report under subsection (4) is due no later than February 28, 2011. 19. All new and modified fossil fuel fired boilers and heaters, with a nameplate capacity equal to or great er than 10.5 GJ/hr, shall not ex- ceed the emission standards prescribed in

Schedule G. 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 Gasoline distribu- tion networks NOx standards for fossil fuel fired boilers and heaters Monitoring and recording devices

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 192 (

b) monitoring and recording devices which are necessary to measure and record concentra tions of air contaminants, opacity and flow at their origin and at point of impingement. 21. All measurements, recordings and analyses conducted under these regulations shall be (

a) performed at locations and by devices and methods accept- able to the department; and (

b) made readily accessible to the department in a time and manner acceptable to the department. 22. The Air Pollution Control Regulations, 2003 , Newfoundland and Labrador Regulation 56/03, are repealed. Manner of meas- urements, recording and analyses Repeal

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 193

Schedule A Table I: Ambient Air Quality Standards at Reference Conditions ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLU MN 5 COLUMN 6 Name of Contaminant Contaminant Code or CAS No.

Unit of Concen- tration 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 micro- grams 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 micro- grams of cad- mium 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 micro- grams of copper in free and combined form per cubic metre of air 50 24 hour 7 Dustfall Grams of dust- fall 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 micro- grams of lead in free and com- bined form per cubic metre of air 2.0 0.7 24 hour 30 day

(1) Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 194 ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLU MN 5 COLUMN 6 Name of Contaminant Contaminant Code or CAS No.

Unit of Concen- tration Concentration Period of Time Additional Notes 10 Mercaptans Total micro- grams of mer- captans per cubic metre expressed as methyl mercaptan 20 1 hour 11 Mercury 7439-97-6 Total micro- grams of mer- cury in free and combined form per cubic metre of air 2 24 hour 12 Nickel 7440-02-0 Total micro- grams of nickel in free and combined form per cubic metre of air 2 24 hour 13 Nitrogen dioxide 10102-44-0 Total micro- grams of nitro- gen oxides per cubic metre of air, expressed as NO2 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 24 hour 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 Polychlori- nated biphen- yls (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 sul- phide 30 1 hour

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 195 ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLU MN 5 COLUMN 6 Name of Contaminant Contaminant Code or CAS No. Unit of Concen- tration Concentration Period of Time Additional Notes 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 micro- grams of vana- dium 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

(1) Arithmetic mean

(2) Geometric mean Table II: Ambient Air Quality Standards for Dioxins and Furans at Reference Conditions ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLU MN 5 COLUMN 6 Name of Contaminant Contaminant Code or CAS No. Unit of Concen- tration Concentration Period of Time Additional Notes 1 Polychlori- nated di- benzo-p- dioxins (PCDDs) & poly- chlorinated dibenzofurans (PCDFs) (TEQ) Picograms (TEQ) per cubic metre of air 5 24 hour (3)

(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

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 196 toxicity factor set out in Column 2 of that item and by adding the prod- ucts of them. TABLE III: Dioxins and Furans Toxicity Factors 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 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

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 197

Schedule B In-Stack Standards for Incineration and Pyrolysis Facility Type Mercury

(1) Polychlorinated dibenzo-p-dioxins (PCDDs) & poly-chlorinated dibenzofurans (PCDFs)

(1) Municipal Waste Incineration 20 µg/m 3 80 pg I-TEQ/m 3 Medical Waste Incineration 20 µg/m 3 80 pg I-TEQ/m 3 Hazardous Waste Incineration 50 µg/m 3 80 pg I-TEQ/m 3 Sewage Sludge Incineration 70 µg/m 3 80 pg I-TEQ/m 3 (1) at reference conditions, dry gas basis, corrected to 11% oxy- gen by volume Where: (a) (ug/m3) = micrograms per cubic metre; and (b) (pg I-TEQ/m3) = International Total Equivalent Quotient picograms per cubic metre

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 198

Schedule C Administrative Penalties for Emissions Exceedences Pollutant Maximum Allowable An- nual 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 di- benzo-p-dioxins (PCDDs) & poly- chlorinated dibenzofu- rans (PCDFs)(TEQ) 1000 milligrams TEQ $2 / milligram TEQ

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 199

Schedule D Administrative Penalties for Opacity Exceedences New Fire Best Available Control Tech- nology 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

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 200

Schedule E Materials Prohibited from Burning in a Fire (

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 opera- tions (

t) materials disposed of as part of the removal or decontamination of equipment, buildings or other structures

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 201

Schedule F Standards for Vehicle Emissions for Light Duty Motorized Vehicles at Idle Speed 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

(1) LDT = Light Duty Truck (pre 1988, <= 2721.6 kg gross vehicle weight rating (GVWR)) LDT = Light Duty Truck (1988 +, <= 3855.5 kg gross vehi- cle weight rating (GVWR)) Where: (a) (ppm) = parts per million by volume (b) (%) = percentage by volume

Air Pollution Control Regulations, 2004 39/04 The Newfoundland and Labrador Gazette May 21, 2004 202

Schedule G Emission Standards for NOx 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 Where: (a) (GJ/hr)= gigajoules/hour (b) (g/GJ)- grams per gigajoule. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 21, 2004 203 NEWFOUNDLAND AND LABRADOR REGULATION 40/04 Storage and Handling of Gasoline and Associated Products Regulations, 2003 (Amendment) under the Environmental Protection Act (O.C. 2004-234) (Filed May 21, 2004) Under the authority of

section 111 of the Environmental Protec- tion Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 20, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.13 R&S Prohibition and registration 2. S.18.1 Added Prohibition

Section 13 of the Storage and Handling of Gasoline and Asso- ciated Products Regulations, 2003 is repealed and the following sub- stituted NLR 58/03

Storage and Handling of Gasoline and Associated Products Regulations, 2003 (Amendment) 40/04 The Newfoundland and Labrador Gazette May 21, 2004 204 13.

(1) A person shall not construct, install, alter or operate a stor- age tank system unless that construction, installation, alteration or op- eration is registered under these regulations.

(2) A person who (

a) constructs; (

b) installs; (

c) alters; and (

d) operates a storage tank system, shall, (

e) in the form and manner re quired by the minister; and (

f) before carrying out the proposed construction, installation, alteration or operation of that storage tank system, register that construction, installati on, alteration or operation with the department.

(3) The minister may, at any tim e before or after the registration of a storage tank system construction, installation, alteration or opera- tion under this

section require (

a) the inspection of that storage tank system; and (

b) that the owner or operator of that storage tank system pro- vide additional information relating to that system, as the minister considers necessary to ensure compliance with the Act and these regulations.

(4) Notwithstanding subsections (1) and (2), where, immedi- ately before the coming into force of this section, a storage tank system is in operation, the operation of that storage tank system shall be regis- tered under this

section by not later than November 30, 2004. 2. The regulations are amende d by adding immediately after

section 18 the following: Prohibition and registration

Storage and Handling of Gasoline and Associated Products Regulations, 2003 (Amendment) 40/04 The Newfoundland and Labrador Gazette May 21, 2004 205 18.1

(1) A person shall not operate, fill or cause to be operated or filled a storage tank system where the operation of that system is not registered under

section 13. (2) Subsection (1) shall not apply to the operation or filling of a storage tank system that is operating immediately before the coming into force of this

section until after November 30, 2004. ©Earl G. Tucker, Queen's Printer Prohibition

THE NEWFOUNDLAND AND LABRADOR May 21, 2004 207 Index

PART I Change of Name Act – Notices .................................................................................................. .................................................. 279 City of St.

John’s – Notice ................................................................................................... ........................................................ 273 Lands Act – Notice ............................................................................................................ .......................................................... 274 Municipalities Act – Order ................................................................................................... ...................................................... 274 Quieting of Titles Act – Application .......................................................................................... .................................................. 275 Trustee Act – Notices ......................................................................................................... ......................................................... 274 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 273

PART II CONTINUING INDEX OF SUBORDIANTE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Electrical Power Control Act, 1994 and The Public Utilities Act Newfoundland and Labrador Hydro- NLR 35/04 New May 21/04, p. 169 Abitibi Consolidated Inc.

Stephenville Operations Exemption Order Environmental Protection Act Air Pollution Control Regulations NLR 39/04 NLR 56/03 May 21/04, p. 179 Regulations, 2004 R & S Storage and Handling of Gasoline NLR 40/04 NLR 58/03 May 21/04, p. 203 and Associated Products S. 13 R & S Regulations, 2003 (Amdt) S. 18.1 Added Provincial Parks, Act Provincial Parks NLR 3804 Am ends May 21/04, p. 177 Regulations (Amdt) NLR 91/97, S. 6.1 Added. Urban and Rural Planning Act, 2000 Occupancy and Maintenance NLR 36/ 04 Amends May 21/04, p. 171 Regulations (Amendment) CNLR 1021/96 Sch. Amdt.

Wildlife Regulations and the Wild Life Act Open Season Big Game Caribou NLR 37/04 Amends May 21/04, p. 173 Hunting Order, Labrador, NLR 101/03, 2003-2004 (Amdt) S. 4 Amdt. S. 5 R & S

THE NEWFOUNDLAND AND LABRADOR May 21, 2004 208 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($133.75). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

Web Site: www.gov.nl.ca/queensprinter Legislative History of the Judicature Act, 1791-1988 Price $25.00 plus G.S.T. (Plus $2.00 postage and handling) Place you order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.