Quality Regulations
N.S. Reg. 28/2005
Nova Scotia — Regulations
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Air Quality Regulations
made under Sections 25 and 112 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 2005-87 (effective March 1, 2005), N.S. Reg. 28/2005
amended to O.I.C. 2026-131 (effective June 1, 2026), N.S. Reg. 95/2026
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Citation
Definitions
Ambient air quality criteria
Burning offences
Gasoline volatility limit
Provincial emission cap
Emission reduction plans for sulphur dioxide emissions
Third party verification of sulphur dioxide, nitrogen oxides and mercury emissions
Report on mercury emissions
Compensating for mercury emissions over 65 kg in a calendar year
Mercury diversion plan
Mercury diversion credits
Annual mercury diversion report
Ministerial review and approval
Sulphur content of heavy fuel oil consumed in a facility other than a petroleum refinery
Sulphur content of total fuel consumed in a petroleum refinery
Reporting and records
Schedule A: Ambient Air Quality Standards
Schedule AA: Ambient Air Quality Objectives
Schedule B—Designated Materials
Schedule C—Annual Sulphur Dioxide, Nitrogen Oxides and Mercury Emission Allocations for
Nova Scotia Power Incorporated
Citation
1 These regulations may be cited as the Air Quality Regulations .
Definitions
2 In these regulations,
“Act” means the Environment Act ;
“Administrator” means a person appointed by the Minister under subsection 21(1)
of the Act to administer these regulations, and includes an acting Administrator;
“ambient air quality objectives” means the targets prescribed in
Schedule AA;
“ambient air quality standards” means the maximum air pollutant concentrations
prescribed in
Schedule A;
“averaging period” in
Schedule A and
Schedule AA means that period of time
over which an arithmetic mean or geometric mean, as the case may be, is
calculated;
“banked mercury credits” means credits for mercury diversion that are accrued in
the calendar years beginning with and including 2015 and ending with and
including 2024 and that are in excess of what is required to compensate for total
excess emissions in accordance with
Section 7C;
“designated material” means a material described in
Schedule B to these
regulations;
“facility” includes a petroleum refinery;
“fossil fuel” means a hydrocarbon deposit such as petroleum, coal or natural gas,
derived from living matter of a previous geologic time and used for fuel;
“heavy fuel oil” means petroleum residual fuel that is used in liquid-fuel-burning
equipment;
“mercury capture” means the fraction representing the total measured mercury in
the substances collected at a coal-fired thermal generating unit through mercury
control equipment or mercury control actions, or both, divided by the total
measured mercury in the raw coal used in the unit, expressed as a percentage;
“mercury diversion” means the diversion of mercury-containing products from the
environment to earn credit in accordance with these regulations;
“mercury diversion plan” means an annual plan for mercury diversion required by
Section 7D;
“mercury diversion report” means an annual report required by
Section 7F on
mercury diversion carried out in the previous calendar year;
“Mercury Diversion Standard” means the Mercury Diversion Standard published
by the Department, as supplemented, amended, added to, replaced or superseded;
“Minister” means the Minister of Environment and Climate Change;
“verifier” means an independent third party that has all of the following
qualifications:
(
i) accounting and financial auditing experience,
(ii) engineering and environmental assessment expertise.
Ambient air quality criteria
(1) The criteria for ambient air quality throughout the Province are prescribed in
Schedule A and
Schedule AA.
(2) An approval holder must not exceed the ambient air quality standards prescribed in
Schedule A.
(3) To satisfy the requirements of subsection (2), an approval holder may be required
to implement 1 or more of the following to ensure compliance with the ambient air
quality standards prescribed in
Schedule A:
(
a) air dispersion modeling;
(
b) source testing;
(
c) continuous emissions monitoring;
(
d) ambient air monitoring;
(
e) emission management, reduction planning, or both.
(4) An approval holder must make best efforts to meet the ambient air quality
objectives in
Schedule AA.
Burning offences
(1) Except as provided in subsection (2) and except as provided in the Used Oil
Regulations , a person must not carry out, cause, permit or be responsible for the
burning of a designated material without prior written authorization from the
Minister or an Administrator.
(2) Subsection (1) does not apply to burning conducted by a person or organization
that is authorized by the Province to conduct courses to train fire-fighting
personnel.
Gasoline volatility limit
(1) In this Section, “motor gasoline” means gasoline intended for use as motor fuel.
(2) The volatility limit for the vapour pressure of motor gasoline is 72 kPa.
(3) During the period from May 15 to September 15 in each year, both dates inclusive,
(
a) a person who refines motor gasoline must not cause or permit any motor
gasoline intended for use in the Province to leave the refinery if the motor
gasoline’s vapour pressure exceeds the volatility limit; and
(
b) a person who imports into the Province any motor gasoline that has a
vapour pressure that exceeds the volatility limit must not cause or permit
(
i) the transfer of possession of the motor gasoline; or
(ii) the transfer of the motor gasoline from one container to another.
(4) The vapour pressure of motor gasoline must be determined in accordance with
(
a) procedure D 5191--01 Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method) prepared by the American Society for
Testing Materials, as amended from time to time; or
(
b) a procedure approved in writing by the Minister or an Administrator.
Provincial emission cap
(1) The Provincial annual sulphur dioxide emission cap is
(
a) effective April 11, 1995, 189 000 t;
(
b) effective March 1, 2005, 141 750 t;
(
c) effective January 1, 2015, 119 070 t;
(
d) effective January 1, 2020, 70 875 t;
(
e) effective January 1, 2025, 62 625 t;
(
f) effective January 1, 2030, 54 625 t.
(2) A person who owns, operates or is responsible for facilities that release emissions
in excess of 90 tonnes of sulphur dioxide per year in the aggregate must, not later
than March 31 of each year or as otherwise directed by an Administrator, in a form
specified by the Administrator, submit a report to the Minister or an Administrator
on the sulphur throughput, noting the fuel usage, sulphur content and
corresponding sulphur dioxide emissions for the previous calendar year from each
facility owned or operated by, or under the responsibility of, the person.
(3) Subject to subsection (4), annual sulphur dioxide, nitrogen oxides and mercury
emission allocations are assigned to persons listed in
Schedule C in the amounts
set out in that Schedule.
(3A) If persons assigned emission allocations listed in
Schedule C transfer ownership of
a fossil fuel-fired thermal power generating station, a corresponding portion of the
emission allocation and associated monitoring and reporting requirements must be
transferred to the new owner in accordance with subsection (3B).
(3B) Before ownership of a fossil fuel-fired thermal power generating station is
transferred, the apportioning of its emission allocation and associated monitoring
and reporting requirements must be approved in writing by the Administrator.
(4) For the purposes of achieving environmental quality standards and objectives in a
cost-effective manner, compliance with an annual emission allocation assigned in
Schedule C may be achieved by the inclusion of permits or allowances obtained
under any emissions trading program established by the Minister under
Section 15
of the Act or by an Administrator to whom the Minister has delegated the
appropriate authority under
Section 17 of the Act.
(5) If the annual emission allocation assigned in
Schedule C for a substance is
exceeded, the person responsible must, unless exempted in writing by the Minister
because of unusual and unavoidable circumstances,
(
a) within the 3 years following the calendar year in which the excess emissions
occurred, compensate for the excess emissions by reducing annual
emissions of the substance to a level below the annual allocation assigned
for the substance in order to result in a total reduction of emissions of the
substance equal to the amount of the excess emissions, in accordance with a
plan submitted under clause (
b) and approved by the Minister or an
Administrator; and
(
b) not later than March 31 of the year following the calendar year in which the
excess emissions occurred, submit a plan indicating how the excess
emissions will be recovered to the Minister or an Administrator for
approval.
(6) For greater certainty, the annual emission allocation for mercury assigned in
Schedule C is not exceeded during the calendar years 2010 to 2013 unless the
amount of emissions exceeds the amount permitted by the supplementary emission
allocations set out in subsection 3(3) of
Schedule C.
Emission reduction plans for sulphur dioxide emissions
(1) A person who owns, operates or is responsible for facilities that existed in 2001
and that release emissions in excess of 90 tonnes of sulphur dioxide per year in the
aggregate must submit to an Administrator an emission reduction plan
demonstrating the proposed means to achieve sulphur dioxide emission reductions
of 25% from 2001 levels by 2010 for facilities owned or operated by, or under the
responsibility of, the person.
(2) An emission reduction plan must be submitted not later than December 31, 2007,
in accordance with specifications issued by the Minister or an Administrator.
Third party verification of sulphur dioxide, nitrogen oxides and mercury emissions
7A
(1) A report required under subsection 6(2) respecting sulphur dioxide emissions,
subsection 2(2) of
Schedule C respecting nitrogen oxides emissions or
subsection 7B(1) respecting mercury emissions must include an assessment report
by a verifier of the total emissions of sulphur dioxide, nitrogen oxides or mercury
produced over the compliance period.
(2) For the purpose of a verifier’s report required by subsection (1), a person who
submits a report referred to in that subsection must
(
a) provide the verifier with any information or documentation required for the
report; and
(
b) allow the verifier to access any facility owned or operated by the person to
do any of the following:
(
i) collect information used to calculate the emissions,
(ii) take samples of any energy sources used to generate electricity,
(iii) take samples of emissions,
(iv) examine and collect documentation related to any energy sources
purchased to generate electricity.
Report on mercury emissions
7B
(1) A person assigned annual emission allocations for mercury in
Schedule C must
submit an annual report to the Minister or an Administrator on or before March 31
of each year.
(2) An annual report must include all of the following:
(
a) the amount of mercury emitted during the previous calendar year from each
coal-fired thermal power generating unit in place and state as of October 11,
2006;
(
b) the mercury capture from each coal-fired thermal power generating unit in
place and state as of October 11, 2006;
(
c) the total annual mercury content of coal-combustion residues for each
coal-fired thermal power generating station in place and state as of October
11, 2006;
(
d) beginning with the report due on or before February 15, 2011, a description
of the mercury control actions implemented during the previous calendar
year under the mercury reduction plan submitted under
Section 7A.
Compensating for mercury emissions over 65 kg in a calendar year
7C
(1) In this Section,
“total diverted mercury” means the aggregate of the quantities of diverted mercury
reported in a person’s mercury diversion reports for the calendar years beginning
with 2015 and ending with and including 2020, and for which the Minister
approves credits under
Section 7G;
“total excess emissions” means the total of the amounts by which mercury
emissions exceed 65 kg in each calendar year beginning with and including 2010
and ending with and including 2013;
“total reduced emissions” means the total of the amounts by which mercury
emissions are below 65 kg in each calendar year beginning with and including
2011 and ending with and including 2020.
(2) If the annual emissions of mercury exceed 65 kg in any or all of calendar years
2010, 2011, 2012, or 2013, the person responsible must, by December 31, 2020,
compensate for the total excess emissions by either or a combination of the
following methods, so that the total reduced emissions plus total diverted mercury
equals or exceeds total excess emissions:
(
a) reducing annual emissions from each coal-fired thermal power generating
unit to a level below 65kg;
(
b) mercury diversion.
Mercury diversion plan
7D
(1) A Person who proposes to divert mercury under clause 7C(2)(
b) must submit an
annual written plan for the diversion to the Minister for approval
(
a) before beginning any mercury diversion activities, for the year 2015; and
(
b) on or before October 31 of the previous calendar year, for the years 2016 to
(2) A proposed mercury diversion plan must include at least all of the following:
(
a) a statement of the total credits that are intended to be claimed for mercury
diversion during the calendar year;
(
b) the proposed types of mercury-containing products to be diverted for credit,
the proposed diversion methods to be used for each type of product, and the
proposed source of each type of product;
(
c) a forecast of the quantity of each type of product to be diverted during the
calendar year.
(3) No later than 30 days after the date a proposed mercury diversion plan is submitted
to the minister, the Minister must, in writing, approve or reject the proposed plan
or request further information from the proponent.
(4) No later than 15 days after the date of a request from the Minister under subsection
(3) for further information, the proponent must submit the requested information in
writing, and on receipt of the information the Minister has a further 15 days to
approve or reject the proposed mercury diversion plan.
Mercury diversion credits
7E
(1) Mercury diversion to be claimed for credit must be calculated and claimed in
accordance with the Mercury Diversion Standard for approval by the Minister
under
Section 7G.
(2) No mercury diversion credit may be given to a person for any of the following:
(
a) mercury diverted outside the Province;
(
b) mercury diverted from products that are imported into the Province solely
for the purpose of mercury diversion;
(
c) mercury diverted before the later of January 1, 2015, or the approval of the
person’s annual plan for 2015;
(
d) mercury diverted after December 31, 2024.
(3) A person who has banked mercury credits may, beginning in the year 2020, apply
part or all of the banked mercury credits towards meeting the annual emission
allocation for mercury assigned to that person in
Schedule C, subject to the
following maximums:
(
a) the maximum credits that may be used in the year 2020 are credits
equivalent to 30 kg of emissions of mercury;
(
b) the maximum credits that may be used in each year beginning in the year
2021 and ending with and including 2029 are credits equivalent to 10 kg of
emissions of mercury.
Annual mercury diversion report
7F (1) [repealed]
7F
(2) A person who diverts mercury for credit in the year 2015 or any subsequent
calendar year must submit a mercury diversion report to the Minister no later than
March 31 of the following year.
(3) A mercury diversion report must include at least all of the following information
about the credits being claimed for mercury diverted during the calendar year
covered by the report:
(
a) a
summary of the total credits claimed;
(
b) the type of products diverted for credit, the diversion methods used for each
product and the source of each type of product;
(
c) a
summary of the quantity of each type of product diverted;
(
d) a report by a verifier certifying to a reasonable level of assurance that the
credits claimed and reported have been accurately calculated using the
appropriate method;
(
e) any additional information the Minister requires.
(4) For the purpose of a verifier’s report required by clause (3)(d), a person who
submits a mercury diversion report must
(
a) provide the verifier with any information or documentation required for the
report; and
(
b) allow the verifier to access any facility owned or operated by the person to
do any of the following:
(
i) collect information used to calculate the diversion credits,
(ii) collect and examine documents related to any diversion activities,
diversion methods or calculation of credits,
(iii) collect any additional information the verifier considers necessary.
Ministerial review and approval
7G
(1) No later than 30 days after receiving a mercury diversion report, the Minister must
review the report and decide whether to approve the credits claimed in the report.
(2) The Minister may approve none, part or all of the credits claimed in a mercury
diversion report.
Sulphur content of heavy fuel oil consumed in a facility other than a petroleum refinery
(1) Effective July 1, 2005, the sulphur content of heavy fuel oil consumed in a facility
other than a petroleum refinery must not exceed
(a) 2.2% by mass; and
(b) 2.0% on an annual basis.
(2) A person who owns, operates or is responsible for a facility that consumes heavy
fuel oil must make available to an Administrator, upon request, a report noting fuel
type and usage, sulphur content and corresponding average sulphur levels for
heavy fuel oil consumed in the previous calendar year at each facility owned or
operated by, or under the responsibility of, the person.
Sulphur content of total fuel consumed in a petroleum refinery
(1) Effective July 1, 2005, the sulphur content of the total fuel consumed in a
petroleum refinery must not exceed
(a) 2.2% by mass; and
(b) 2.0% on an annual basis.
(2) A person who owns, operates or is responsible for a petroleum refinery that
consumes heavy fuel oil must make available to an Administrator, upon request, a
report noting fuel type and usage, sulphur content and corresponding average
sulphur levels for total fuel consumed in the previous calendar year at each refinery
owned or operated by, or under the responsibility of, the person.
Reporting and records
(1) A person who is required to report under subsection 8(2) or subsection 9(2) must
maintain all records of reported details for 5 years.
(2) A person who acquires a facility that consumes heavy fuel oil must obtain and
maintain the records retained under subsection (1) from the person from whom the
facility was transferred.
________________________________________________________________
Schedule A: Ambient Air Quality Standards
For the purposes of these regulations, ambient air quality standards must be met at and beyond
the site boundary.
Pollutant
CAS Registry
Number
Averaging
period
Maximum
Concentration
(µg/m 3 )
Notes
Acrolein (2-Propenal)
107-02-8
1 hour
4.5 †
24 hours
0.4 †
Ammonia
7664-41-7
24 hours
100 †
Arsenic
7440-38-2
24 hours
0.3 †
From combustion/
thermal/
manufacturing only
Benzene
71-43-2
annual
0.45 †
Benzo(a)pyrene
(as a surrogate of
total Polycyclic
aromatic
hydrocarbons)
(Polycyclic
Aromatic
Hydrocarbons:
130498-29-2)
annual
0.00001
(0.01ng/m 3 ) †
Cadmium (and its
compounds)
7440-43-9
annual
0.005 †
Carbon monoxide
630-08-0
1 hour
34 600 ‡
1 hour
35 000 †
8 hours
12 700 ‡
8 hours
10 000 †
Chromium
(hexavalent) (and
its compounds)
18540-29-9
annual
0.00007 (as
PM 10 ); 0.00014
(as TSP) †
Cobalt (and its
compounds)
7440-48-4
24 hours
0.1 †
Copper (and its
compounds)
7440-50-8
24 hours
50 †
Dioxins and
furans
24 hours
0.0000001
(0.1 pg/m 3 ) †
annual
0.00000006
(0.06 pg/m 3 ) †
Formaldehyde
(Methanal)
50-00-0
24 hours
65 †
Hydrogen
sulphide (H 2 S)
7783-06-4
1 hour
42 ‡
24 hours
8 ‡
Lead (and its
compounds)
7439-92-1
30-day
0.2 †
Manganese (and
its compounds)
7439-96-5
24 hours
0.1 (as PM 2.5 );
0.2 (as PM 10 );
0.4 (as TSP) †
Mercury
7439-97-6
24 hours
2 †
From combustion/
thermal/
manufacturing
sources only
Nickel (and its
compounds)
7440-02-0
annual
0.02 (as PM 10 );
0.04 (as TSP) †
Nitrogen dioxide
(NO 2 )
10102-44-0
1 hour
400 ‡
1 hour
200 †
Not to be exceeded
more than 175 times
in a calendar year
(98th percentile)
annual
100 ‡
annual
30 †
Particles (coarse)
(PM 10 )
24 hours
50 †
Particles (fine)
(PM 2.5 )
24 hours
25 †
From combustion/
thermal/
manufacturing
sources only;
Not to be exceeded
more than 7 times in
a calendar year (98th
percentile)
annual
10 †
From combustion/
thermal/
manufacturing
sources only
Particles (total
suspended) (TSP)
24 hours
annual
70* ‡
annual
60* †
Phenol (and its
salts)
108-95-2
1 hour
100 †
24 hours
30 †
Selenium (and its
compounds)
7782-49-2
24 hours
10 †
Sulphur dioxide
(SO 2 )
7446-09-5
1 hour
900 ‡
24 hours
300 ‡
24 hours
125 †
Not to be exceeded
more than 7 times in
a calendar year (98th
percentile)
annual
60 ‡
Total reduced
sulphur (TRS)
24 hours
7 †
Vanadium (and its
compounds)
7440-62-2
24 hours
2 †
annual
1 †
Zinc (and its
compounds)
7440-66-6
24 hours
2.5 †
Notes:
• µg/m 3 : micrograms per cubic metre
• ng/m 3 : nanograms per cubic metre
• pg/m 3 : picograms per cubic metre
• Conversions between units should be based on standard temperature and pressure of
25 °C and 1 atmosphere
• *Expressed as a geometric mean
• ‡ Effective until May 31, 2030, for all existing approvals and for all approvals issued as a
result of the submission of any complete approval application, any complete renewal
application or any complete environmental assessment registration submitted on or
before May 31, 2026
• † For any approval issued on or after June 1, 2026, other than those noted with “ ‡ ” above;
effective for all approvals issued on or after June 1, 2030
________________________________________________________________
Schedule AA: Ambient Air Quality Objectives
Pollutant
CAS Registry
Number
Measurement
point
Averaging
period
Maximum
Concentration
(µg/m 3 )
Arsenic
7440-38-2
site boundary
24 hours
0.3
Benzene
71-43-2
site boundary
24 hours
2.3
Benzo(a)pyrene
(as a surrogate of
total Polycyclic
aromatic
hydrocarbons)
(Polycyclic
Aromatic
Hydrocarbons:
130498-29-2)
site boundary
24 hours
0.00005
(0.05ng/m 3 )
Cadmium (and its
compounds)
7440-43-9
site boundary
24 hours
0.025
Chromium
(hexavalent) (and
its compounds)
18540-29-9
site boundary
24 hours
0.00035 (as
PM 10 );
0.0007 (as TSP)
Lead (and its
compounds)
7439-92-1
site boundary
24 hours
0.5
Mercury
7439-97-6
site boundary
24 hours
Nickel (and its
compounds)
7440-02-0
site boundary
24 hours
0.1 (as PM 10 );
0.2 (as TSP)
Nitrogen dioxide
(NO 2 )
10102-44-0
discrete receptors
24 hours
discrete receptors
annual
Particles (fine)
(PM 2.5 )
discrete receptors
24 hours
discrete receptors
annual
Sulphur dioxide
(SO 2 )
7446-09-5
discrete receptors
24 hours
discrete receptors
annual
Total reduced
sulphur (TRS)
site boundary
10 min
Notes:
• µg/m 3 : micrograms per cubic metre
• ng/m 3 : nanograms per cubic metre
________________________________________________________________
Schedule B—Designated Materials
(1) a tire
(2) waste dangerous goods as defined in the Dangerous Goods Management
Regulations
(3) used oil as defined in the Used Oil Regulations
(4) a railway tie or other wood treated with wood preservative
(5) a material containing rubber or plastic
(6) an asphalt shingle
________________________________________________________________
Schedule C—Annual Sulphur Dioxide, Nitrogen Oxides and Mercury
Emission Allocations for Nova Scotia Power Incorporated
1 Sulphur dioxide
(1) Commencing in 1995, and in each year thereafter until March 1, 2005, the annual
emissions of sulphur dioxide from fossil fuel-fired thermal power generating
stations owned or operated by Nova Scotia Power Incorporated and affiliated
companies must not in any calendar year exceed, in the aggregate, 145 000 t.
(2) Effective March 1, 2005, and in each calendar year thereafter until December 31,
2009, the annual emissions of sulphur dioxide from fossil fuel-fired thermal power
generating stations owned or operated by Nova Scotia Power Incorporated and
affiliated companies must not in any calendar year exceed, in the aggregate,
108 750 t.
(3) For the year 2005 only, the annual sulphur dioxide emissions cap allocated under
item (2) may be prorated on the basis of the effective date of these regulations, as
authorized in writing by the Minister.
(4) Commencing in 2010, and in each calendar year thereafter, the annual emissions of
sulphur dioxide from fossil fuel-fired thermal power generating stations owned or
operated by Nova Scotia Power Incorporated and affiliated companies must not in
any calendar year exceed, in the aggregate, 72 500 t.
(5) From January 1, 2015, until December 31, 2019, the total emissions of sulphur
dioxide from fossil-fuel-fired thermal generating stations owned or operated by
Nova Scotia Power Incorporated and affiliated companies must not exceed, in the
aggregate, 304 500 t.
(6) Beginning January 1, 2015, and in each calendar year after that, the annual
emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 42 775 t.
(7) Beginning January 1, 2020, and in each calendar year after that, the annual
emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 60 900 t.
(8) From January 1, 2021, until December 31, 2022, the total emissions of sulphur
dioxide from fossil-fuel-fired thermal generating stations owned or operated by
Nova Scotia Power Incorporated and affiliated companies must not exceed, in the
aggregate, 90 000 t.
(8A) From January 1, 2023, until December 31, 2024, the total emissions of sulphur
dioxide from fossil fuel-fired thermal generating stations owned or operated by
Nova Scotia Power Incorporated and affiliated companies must not exceed, in the
aggregate, 68 000 t.
(9) Beginning January 1, 2020, and in each calendar year after that, the annual
emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 17 760 t.
(10) Beginning January 1, 2025, and in each calendar year after that, the annual
emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 28 000 t.
(11) Beginning January 1, 2025, and in each calendar year after that, the annual
emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 13 720 t.
(12) From January 1, 2026, until December 21, 2029, the total emissions of sulphur
dioxide from fossil-fuel-fired thermal generating stations owned or operated by
Nova Scotia Power Incorporated and affiliated companies must not exceed, in the
aggregate, 104 000 t.
(13) Beginning January 1, 2030, and in each calendar year after that, the annual
emissions of sulphur dioxide from fossil-fuel-fired thermal generating stations
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 20 000 t.
(14) Beginning January 1, 2030, and in each calendar year after that, the annual
emissions of sulphur dioxide from any fossil-fuel-fired thermal generating unit
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in the calendar year exceed, in the aggregate, 9800 t.
2 Nitrogen oxides
(1) Commencing in 2009, and in each calendar year thereafter, the annual emissions of
nitrogen oxides (NOx) from fossil fuel-fired thermal power generating stations
owned or operated by Nova Scotia Power Incorporated and affiliated companies
must not in any calendar year exceed, in the aggregate, 21 365 t.
(1A) From January 1, 2015, until December 31, 2019, the total emissions of nitrogen
oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated
by Nova Scotia Power Incorporated and affiliated companies must not exceed, in
the aggregate, 96 140 t.
(1B) Beginning January 1, 2015, and in each calendar year after that, the annual
emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating
stations owned or operated by Nova Scotia Power Incorporated and affiliated
companies must not in the calendar year exceed, in the aggregate, 21 365 t.
(1C) Beginning January 1, 2020, and in each calendar year after that, the annual
emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating
stations owned or operated by Nova Scotia Power Incorporated and affiliated
companies must not in the calendar year exceed, in the aggregate, 14 955 t.
(1D) From January 1, 2021, until December 31, 2024, the total emissions of nitrogen
oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated
by Nova Scotia Power Incorporated and affiliated companies must not exceed, in
the aggregate, 56 000 t.
(1E) Beginning January 1, 2025, and in each calendar year after that, the annual
emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating
stations owned or operated by Nova Scotia Power Incorporated and affiliated
companies must not in the calendar year exceed, in the aggregate, 11 500 t.
(1F) From January 1, 2026, until December 31, 2029, the total emissions of nitrogen
oxides (NOx) from fossil-fuel-fired thermal generating stations owned or operated
by Nova Scotia Power Incorporated and affiliated companies must not exceed, in
the aggregate, 44 000 t.
(1G) Beginning January 1, 2030, and in each calendar year after that, the annual
emissions of nitrogen oxides (NOx) from fossil-fuel-fired thermal generating
stations owned or operated by Nova Scotia Power Incorporated and affiliated
companies must not in the calendar year exceed, in the aggregate, 8800 t.
(2) Commencing in 2010, and in each calendar year thereafter, a report must be
submitted to the Minister or an Administrator noting the nitrogen oxides (NOx)
emissions for the previous calendar year from each fossil fuel-fired thermal power
generating station owned or operated by Nova Scotia Power Incorporated and
affiliated companies. The report must be submitted not later than March 31 of
each calendar year, or as otherwise directed by an Administrator, in a form
specified by the Administrator.
3 Mercury
(1) Commencing March 1, 2005, and in each calendar year thereafter until December
31, 2009, the annual emissions of mercury from the following coal-fired thermal
power generating stations owned or operated by Nova Scotia Power Incorporated
and affiliated companies must not in any calendar year exceed, in the aggregate,
168 kg:
(
a) Lingan;
(
b) Point Tupper;
(
c) Trenton; and
(
d) Point Aconi.
(2) Commencing January 1, 2010, and in each calendar year thereafter, the annual
emissions of mercury from units in place and state as of October 11, 2006, within
the coal-fired thermal power generating stations referred to in subsection (1) must
not in any calendar year exceed, in the aggregate, 65 kg.
(3) Despite subsection (2), the annual emissions of mercury for the calendar years
2010 to 2013 from units in place and state as of October 11, 2006, within the coal-fired thermal power generating stations referred to in subsection (1) may exceed
65 kg by the supplementary annual mercury emission allocations set out in the
following table:
Calendar Year
Supplementary Annual Mercury
Emission Allocation
45 kg
35 kg
35 kg
20 kg
(4) Beginning January 1, 2020, and in each calendar year thereafter, the annual
emissions of mercury from units in place and state as of October 11, 2006, within
the coal-fired thermal power generating stations referred to in subsection (1) must
not in any calendar year exceed, in the aggregate, 35 kg.
(4A) Beginning January 1, 2030, and in each calendar year after that, the annual
emissions of mercury from units in place and state as of October 11, 2006, within
the coal-fired thermal power generating units referred to in subsection (1) must not
in the calendar year exceed, in the aggregate, 30 kg.
(5) If a unit in place and state as of October 11, 2006, within a coal-fired thermal
power generating station referred to in subsection (1) is replaced with equivalent
technology or any other steam-generating technology based on coal combustion,
the unit must meet the standard for new facilities under the Canada-Wide
Standards for Mercury Emissions from Coal-Fired Electric Power Generation
Plants , endorsed by the Canadian Council of Ministers of the Environment,
October 11, 2006, and is no longer included in the emission allocation of
subsection (2).
(6) Monitoring and testing of mercury emissions from coal-fired thermal power
generating stations owned or operated by Nova Scotia Power Incorporated and
affiliated companies must be conducted in accordance with a standard prescribed
by the Administrator.
Legislative History
Reference Tables
Air Quality Regulations
N.S. Reg.
28/2005
Environment Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Air Quality Regulations made under the Environment Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
28/2005
Mar 1, 2005
date specified
Mar 18, 2005
392/2007
Sep 25, 2007
date specified
Oct 12, 2007
261/2009
Aug 14, 2009
date specified
Aug 28, 2009
187/2010
Dec 7, 2010
date specified
Dec 31, 2010
179/2014
Jan 1, 2015
date specified
Dec 12, 2014
150/2017
Oct 12, 2017
date specified
Oct 27, 2017
8/2020
Jan 21, 2020
date specified
Jan 31, 2020
95/2026
Jun 1, 2026
date specified
May 1, 2026
The following regulations are not yet in force and are
not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2, clause letters removed ..................
am. 150/2017
2, defn . of “ambient air quality objectives” ....................................
ad. 95/2026
2, defn . of “ambient air quality standards” .....................................
ad. 95/2026
2, defn . of “averaging period” ..........
am.
95/2026
2, defn . of “banked mercury credits”
ad. 150/2017
2, defn . of “fossil fuel” .....................
ad. 392/2007
2, defn . of “mercury capture” ...........
ad. 187/2010
2, defn . of “mercury diversion” ........
ad. 179/2014
2, defn . of “mercury diversion plan”
ad. 179/2014
2, defn . of “mercury diversion report” ......................................................
ad. 179/2014
2, defn . of “Mercury Diversion Standard” .....................................
ad. 179/2014
2, defn . of “Minister” .......................
am.
95/2026
2, defn . of “verifier” .........................
ad. 150/2017
3(1) ...................................................
am.
95/2026
3(2) ...................................................
am. 8/2020; rs . 95/2026
3(3)-(4) .............................................
ad. 95/2026
6(1)(b) ...............................................
am. 261/2009
6(1)(c) ...............................................
ad. 261/2009
6(1)(d) ...............................................
ad. 261/2009 ; am. 179/2014
6(1)(e)-(f) .........................................
ad. 179/2014
6(2)-(3) .............................................
am. 150/2017
6(3 A)-( 3B) ........................................
ad. 392/2007
6(5)(b) ...............................................
am. 150/2017
6(6) ...................................................
ad. 187/2010
7A .....................................................
ad. 187/2010 ; rs . 150/2017
7B .....................................................
ad. 187/2010
7 B( 1) .............................................
am. 150/2017
7C .....................................................
ad. 187/2010
7 C( 1) .............................................
am. 8/2020 (clause lettering removed)
7C(1)(a) ........................................
ra. as 7C( 1)( aa) 179/2014
7C(1)(a) ........................................
ad. 179/2014
7C( 1)( aa) .......................................
ra. from 7C(1)(a) 179/2014
7 C( 2) .............................................
rs . 179/2014
7D .....................................................
ad. 179/2014
7E .....................................................
ad. 179/2014
7E(2)(d) ........................................
am. 150/2017
7 E( 3) .............................................
ad. 150/2017 ; rs . 8/2020
7F ......................................................
ad. 179/2014
7 F( 1) .................................................
rep. 150/2017
7 F( 2) .................................................
am. 150/2017
7G .....................................................
ad. 179/2014
Schedule A .......................................
rs . 95/2026
Schedule AA ....................................
ad. 95/2026
Schedule C
1(5) ...................................................
ad. 261/2009 ; rs . 179/2014
1(6) ...................................................
ad. 261/2009 ; rs . 179/2014
1(7)-(8) .............................................
ad. 179/2014 ; am. 8/2020
1(8A) ................................................
ad. 8/2020
1(9)-(14) ...........................................
ad. 179/2014
2(1A) ................................................
ad. 261/2009 ; rs . 179/2014
2(1B) .................................................
ad. 261/2009 ; rs . 179/2014
2(1 C)-( 1G) ........................................
ad. 179/2014
2(2) ...................................................
am. 150/2017
3(1) ...................................................
rs . 392/2007
3(1A) ................................................
ad. 392/2007 ; ra. as 3(2) 187/2010
3(1B) .................................................
ad. 392/2007 ; am.
187/2010; ra. as 3(5) 187/2010
3(1C) .................................................
ad. 392/2007 ; ra. as 3(6) 187/2010
3(2) ...................................................
rep. 187/2010
3(2) ...................................................
ra. from 3(1A) 187/2010
3(3)-(4) .............................................
ad. 187/2010
3(4A) ................................................
ad. 179/2014
3(5) ...................................................
ra. from 3(1B) 187/2010
3(6) ...................................................
ra. from 3(1C) 187/2010
“Nitrogen oxide” replaced with “nitrogen oxides”
throughout .........................
am. 150/2017
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
Note
Effective
date
The reference in s. 2 to the Minister of Environment
and Labour should be read as a reference to the Minister of Environment in
accordance with O.I.C. 2008-161 under the Public Service Act , R.S.N.S.
1989, c. 376.
Apr 1, 2008
The reference in s. 2 to the Minister of Environment
and Labour should be read as a reference to the Minister of Environment and
Climate Change in accordance with O.I.C. 2021-60 under the Public Service
Act , R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg. 95/2026)
Feb 23, 2021
Repealed and Superseded:
N.S.
Regulation
Title
In force
date
Repealed
date
55/1995
Air Quality Regulations
Apr 11, 1995
Mar 1, 2005
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.