certificate of approval air · 2009-12-09 · certificate of approval air number 5596-7h2p2p issue...

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Ministry of the Environment Ministère de l’Environnement CERTIFICATE OF APPROVAL AIR NUMBER 5596-7H2P2P Issue Date: September 18, 2008 CPV Canada Development ULC 35 Braintree Hill Office Park, Suite 400 Braintree, Massachusetts USA 02184 Site Location: 2384 Dundas Street South, Lot 1, Concession 9 North Dumfries Township, Regional Municipality of Waterloo, Ontario. You have applied in accordance with Section 9 of the Environmental Protection Act for approval of: Description Section A power generation facility, operated intermittently as a peaking facility, consisting of the following processes and support units: - two (2) natural gas fired combustion turbines (CGT), each having a maximum heat input of 2093 Gigajoules per hour, each generating 250 Megawatts of electricity and equipped with the noise control equipment listed in Schedule E; including the Equipment and any other ancillary and support processes and activities, operating at a Facility Production Limit of up to 500 Megawatts of electrical output exhausting to the atmosphere as described in the ESDM Report. For the purpose of this Certificate of Approval and the terms and conditions specified below, the following definitions apply: 1. "Acoustic Assessment Report" means the report, prepared in accordance with Publication NPC-233 and Appendix A of the Basic Comprehensive User Guide, by HGC Engineering dated April 3, 2008, submitted in support of the application, that documents all sources of noise emissions and Noise Control Measures present at the Facility and includes all up-dated Acoustic Assessment Reports as required by the Documentation Requirements conditions of this Certificate to demonstrate continued compliance with the Performance Limits following the implementation of any Modification. 2. "Acoustic Assessment Summary Table" means a table prepared in accordance with the Basic Comprehensive User Guide summarising the results of the Acoustic Assessment Report, up-dated as required by the Documentation Requirements conditions of this Certificate. 3. Air Standards Manager” means the Manager, Human Toxicology and Air Standards Section, Standards Development Branch, or any other person who represents and carries out the duties of the Manager, Human Toxicology and Air Standards Section, Standards Development Branch, as those duties relate to the conditions of this Certificate. 4. "Basic Comprehensive User Guide" means the Ministry document titled Basic Comprehensive Certificates of Approval (Air) User Guide” dated April 2004 as amended. 5. "CEM" means the continuous monitoring system for nitrogen oxides, carbon monoxide and oxygen emissions described in Schedule "F" of this Certificate. 6. "Certificate" means this entire certificate of approval document, issued in accordance with section 9 of the EPA and includes all the Schedules, and the Supporting Documentation. CONTENT COPY OF ORIGINAL

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Page 1: CERTIFICATE OF APPROVAL AIR · 2009-12-09 · CERTIFICATE OF APPROVAL AIR NUMBER 5596-7H2P2P Issue Date: September 18, 2008 CPV Canada Development ULC 35 Braintree Hill Office Park,

Ministry of the EnvironmentMinistère de l’Environnement

CERTIFICATE OF APPROVALAIR

NUMBER 5596-7H2P2PIssue Date: September 18, 2008

CPV Canada Development ULC35 Braintree Hill Office Park, Suite 400Braintree, MassachusettsUSA 02184

Site Location: 2384 Dundas Street South, Lot 1, Concession 9North Dumfries Township, Regional Municipality of Waterloo, Ontario.

You have applied in accordance with Section 9 of the Environmental Protection Act for approval of:

Description Section

A power generation facility, operated intermittently as a peaking facility, consisting of the following processes and supportunits:

- two (2) natural gas fired combustion turbines (CGT), each having a maximum heat input of 2093 Gigajoules per hour,each generating 250 Megawatts of electricity and equipped with the noise control equipment listed in Schedule E;

including the Equipment and any other ancillary and support processes and activities, operating at a Facility ProductionLimit of up to 500 Megawatts of electrical output exhausting to the atmosphere as described in the ESDM Report.

For the purpose of this Certificate of Approval and the terms and conditions specified below, the following definitionsapply:

1. "Acoustic Assessment Report" means the report, prepared in accordance with Publication NPC-233 and Appendix A ofthe Basic Comprehensive User Guide, by HGC Engineering dated April 3, 2008, submitted in support of the application,that documents all sources of noise emissions and Noise Control Measures present at the Facility and includes all up-datedAcoustic Assessment Reports as required by the Documentation Requirements conditions of this Certificate to demonstratecontinued compliance with the Performance Limits following the implementation of any Modification.

2. "Acoustic Assessment Summary Table" means a table prepared in accordance with the Basic Comprehensive User Guidesummarising the results of the Acoustic Assessment Report, up-dated as required by the Documentation Requirementsconditions of this Certificate.

3. “Air Standards Manager” means the Manager, Human Toxicology and Air Standards Section, Standards DevelopmentBranch, or any other person who represents and carries out the duties of the Manager, Human Toxicology and AirStandards Section, Standards Development Branch, as those duties relate to the conditions of this Certificate.

4. "Basic Comprehensive User Guide" means the Ministry document titled Basic Comprehensive Certificates of Approval(Air) User Guide” dated April 2004 as amended.

5. "CEM" means the continuous monitoring system for nitrogen oxides, carbon monoxide and oxygen emissions describedin Schedule "F" of this Certificate.

6. "Certificate" means this entire certificate of approval document, issued in accordance with section 9 of the EPA andincludes all the Schedules, and the Supporting Documentation.

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7. "Company" means CPV Canada Development ULC that is responsible for the construction or operation of the Facilityand includes any successors and assigns.

8. "Compound of Concern" means a contaminant that, based on generally available information, may be emitted to theatmosphere in a quantity from any source at the Facility that is significant either in comparison to the relevant MinistryPoint of Impingement Limit or if a Ministry Point of Impingement Limit is not available for the compound then, based ongenerally available toxicological information, the compound has the potential to cause an adverse effect as defined by theEPA at a Point of Impingement.

9. "Description Section" means the section on page one of the Certificate describing the Company's operations and theEquipment located at the Facility and specifying the Facility Production Limit for the Facility.

10. "Director" means any person appointed in writing by the Minister of the Environment pursuant to section 5 of the EPAas a Director for the purposes of section 9 of the EPA.

11. "District Manager" means the District Manager of the appropriate local district office of the Ministry, where theFacility is geographically located.

12. "Emission Summary Table" means the table prepared in accordance with O. Reg. 419/05 and the Procedure Documentlisting the appropriate Point of Impingement concentrations of each Compound of Concern from the Facility and providingcomparison to the corresponding Ministry Point of Impingement Limit or Maximum Concentration Level Assessment.

13. "Environmental Assessment Act" means the Environmental Assessment Act, R.S.O. 1990, c.E.18.

14. "EPA" means the Environmental Protection Act, R.S.O. 1990, c.E.19.

15. "Equipment" means equipment or processes described in the ESDM Report, this Certificate and in the SupportingDocumentation referred to herein and any other equipment or processes.

16. "Equipment with Specific Operational Limits" means the Power Generation Facility or any Equipment related to thethermal oxidation of waste or waste derived fuels, fume incinerators or any other Equipment that is specifically referencedin any published Ministry document that outlines specific operational guidance that must be considered by the Director inissuing of a Certificate of Approval.

17. "ESDM Report" means the Emission Summary and Dispersion Modelling Report prepared in accordance with theProcedure Document by AMEC Earth and Environmental and dated April 2nd, 2008, submitted in support of theapplication, and includes any amendments to the ESDM Report listed in Schedule A and all up-dated ESDM Reportsprepared as required by the Documentation Requirements conditions of this Certificate.

18. "Facility" means the entire operation located on the property where the Equipment is located.

19. "Facility Production Limit" means the production limit placed on the main product(s) or raw materials used by theFacility that represents the design capacity of the Facility and assists in the definition of the operations approved by theDirector.

20. "Heat Output" means the total useful heat energy recovered from the combustion turbine as heat, expressed inmegawatts.

21. "Independent Acoustical Consultant" means an Acoustical Consultant not representing the Company, and not involvedin the noise impact assessment or the design/implementation of noise control measures for the Facility/Equipment. TheIndependent Acoustical Consultant shall not be retained by the consultant involved in the noise/vibration impact assessmentor the design/implementation of noise/vibration control measures for the Facility/Equipment.

22. "Log" means the up-to-date log that is used to track all Modifications to the Facility since the date of this Certificate asrequired by the Documentation Requirements conditions of this Certificate.

23. "Lower Heating Value" means the energy released during combustion of the fuel, excluding the latent heat content ofthe water vapour component of the products of combustion, expressed in megajoules per cubic metre at standardtemperature and pressure, or megajoules per kilogram.

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24. "Manager" means the Manager, Technology Standards Section, Science and Technology Branch, or any other personwho represents and carries out the duties of the Manager as those duties relate to the conditions of this Certificate.

25. "Maximum Concentration Level Assessment" means the Maximum Concentration Level Assessment for the purposes ofa Basic Comprehensive Certificate of Approval, described in the Basic Comprehensive User Guide, prepared by aToxicologist using currently available toxicological information, that demonstrates that the concentration at any Point ofImpingement for a Compound of Concern that does not have a Ministry Point of Impingement Limit is not likely to causean adverse effect as defined by the EPA. The concentration at Point of Impingement for a Compound of Concern must becalculated in accordance with O. Reg. 419/05.

26. "Ministry" means the ministry of the government of Ontario responsible for the EPA and includes all officials,employees or other persons acting on its behalf.

27. "Ministry Point of Impingement Limit" means the appropriate Standard from Schedule 1, 2 or 3 from O.Reg. 419/05and if a standard is not provided for a Contaminant of Concern the appropriate criteria listed in the Ministry publicationtitled "Summary of Standards and Guidelines to support Ontario Regulation 419: Air Pollution - Local Air Quality (includingSchedule 6 of O. Reg. 419 on Upper Risk Thresholds)", dated February 2008, as amended.

28. "Modification" means any construction, alteration, extension or replacement of any plant, structure, equipment,apparatus, mechanism or thing, or alteration of a process or rate of production at the Facility that may discharge or alterthe rate or manner of discharge of a Compound of Concern to the atmosphere or discharge or alter noise or vibrationemissions from the Facility.

29. "Noise Control Measures" means measures to reduce the noise emissions from the Facility and/or Equipmentincluding, but not limited to, silencers, acoustic louvres, enclosures, absorptive treatment, plenums and barriers, detailed inSchedule E of this Certificate.

30. "O. Reg. 419/05" means the Ontario Regulation 419/05, Air Pollution – Local Air Quality.

31. "Operating Envelope" means the limits on the Company's approved operations set out in Conditions 2.3 to 2.7 of thisCertificate.

32. "Performance Limits" means the performance limits specified in the section of this Certificate titled PerformanceLimits.

33. "Point of Impingement" means any point outside the facility in the natural environment and as defined by s.2 of O. Reg.419/05.

34. "Point of Reception" means Point of Reception as defined by Publication NPC-205 and/or Publication NPC-232, asapplicable.

35. "Power Generation Facility" means the power generation facility including the two (2) combustion gas turbines (CGT)described in the Company's application, this Certificate and in the supporting documentation referred to herein, to theextent approved by this Certificate.

36. "Pre-test Information" means the information outlined in Section 1. of the Source Testing Code.

37. "Power Output" means the electricity and shaft power production of the combustion turbine, expressed in megawatts.

38. "Procedure Document" means Ministry Procedure titled "Procedure for Preparing an Emission Summary andDispersion Modelling Report" dated July 2005, as amended.

39. "Processes with Significant Environmental Aspects" means the Equipment which, during regular operation or if notproperly operated or maintained, may cause or are likely to cause an adverse effect.

40. "Publication NPC-103" means Publication NPC-103, Measurement Procedures , August 1978;

41. "Publication NPC-205" means the Ministry Publication NPC-205, “Sound Level Limits for Stationary Sources in Class1 & 2 Areas (Urban)”, October, 1995 as amended.

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42. "Publication NPC-207" means the Ministry draft technical publication “Impulse Vibration in Residential Buildings”,November 1983, supplementing the Model Municipal Noise Control By-Law, Final Report, August 1978, published by theMinistry.

43. "Publication NPC-232" means the Ministry Publication NPC-232, "Sound Level Limits for Stationary Sources in Class3 Areas (Rural)", October, 1995 as amended.

44. "Publication NPC-233" means the Ministry Publication NPC-233, "Information to be Submitted for Approval ofStationary Sources of Sound", October, 1995 as amended.

45. "Schedules" means schedules A, B, C, D and E, attached to the Certificate and forming part of the Certificate.

46. "Source Testing" means sampling and testing to measure emissions resulting from operating the equipment at a level ofmaximum production within the approved operating range of the equipment.

47. "Supporting Documentation" means the documents listed in Schedule A of this Certificate which forms part of thisCertificate.

48. "Thermal Efficiency" means the fraction of the total energy input into the Power Generation Facility which istransformed into useful energy output expressed as a percentage on a lower heating value basis.

49. "Toxicologist" means a qualified professional currently active in the field of risk assessment, risk management andtoxicology that has a combination of formal university education, training and experience necessary to assess theCompound of Concern in question.

50. "Written Summary" means the written summary that must be submitted annually to the Ministry as required by theSection titled Reporting Requirements of this Certificate.

You are hereby notified that this approval is issued to you subject to the terms and conditions outlined below:

TERMS AND CONDITIONS

1. GENERAL

1.1 Except as otherwise provided by this Certificate, the Facility shall be designed, developed, built, operated andmaintained in accordance with the terms and conditions of this Certificate and in accordance with the application, theESDM Report, the Acoustic Assessment Report, plans, specifications and Supporting Documentation submitted and thefollowing Schedules attached hereto:

Schedule A - Supporting DocumentationSchedule B - Emission LimitsSchedule C - Source Testing ProceduresSchedule D - Parameters - Thermal EfficiencySchedule E- Noise Control MeasuresSchedule F - Continuous Monitoring System

2. OPERATIONAL FLEXIBILITY

2.1 The Company may make Modifications to the Facility in accordance with this Certificate.

2.2 Despite Condition 2.1, all Modifications made by the Company shall be within the Operating Envelope of the Facilityas defined by conditions 2.3 to 2.7.

2.3 Despite Condition 2.1, the Company shall not make Modifications to the Facility that are outside the scope of theintended operations of the Facility as described in the Description Section.

2.4 Despite Condition 2.1, the Company shall not make Modifications to the Facility that result in an increase of the

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Facility Production Limit above the level specified in this Certificate.

2.5 Despite Condition 2.1, the Company shall not make Modifications to the Facility that would add any Equipment withSpecific Operational Limits. The Company shall operate Equipment with Specific Operational Limits approved by thisCertificate in accordance with the original ESDM Report and Condition 9 in the Certificate.

2.6 Despite Condition 2.1, the Company shall only make Modifications to the Facility which comply with the PerformanceLimits.

2.7 Despite Condition 2.1, the Company shall not make Modifications to the Facility if the Modifications would be subjectto the Environmental Assessment Act.

2.8 Condition 2.1 of this Certificate shall expire five (5) years from the date of this Certificate, unless this Certificate isrevoked prior to this date. Upon expiry of Condition 2.1 of this Certificate,the Company shall apply for amendment toinclude the current ESDM Reportand the current Acoustic Assessment Reportin Schedule A as Supporting Documentationto this Certificate.

3. PERFORMANCE LIMITS

3.1 The Company shall, at all times, ensure that all Equipment that are a source of a Compound of Concern from theFacility are operated to comply with the following Performance Limits:

(a) the maximum concentration of any Compound of Concern at a Point of Impingement shall not exceed thecorresponding Ministry Point of Impingement Limit;

(b) for any Compound of Concern that does not have a Ministry Point of Impingement Limit, the maximum concentrationof any Compound of Concern at a Point of Impingement shall not be greater than a level assessed as part of the originalESDM Report; or

(c) for any Compound of Concern that does not have a Ministry Point of Impingement Limit, the maximum concentrationof any Compound of Concern at a Point of Impingement shall not be greater than the Maximum Concentration LevelAssessment submitted to the Ministry and accepted by the Air Standards Manager.

3.2 The Company shall, no later than thirty (30) days prior to:

(a) the introduction of a new Compound of Concern that does not have a Ministry Point of Impingement Limit;

(b) an increase to the concentration at a Point of Impingement of a Compound of Concern that does not have a MinistryPoint of Impingement Limit such that the resulting concentration at a Point of Impingement will be greater than the levelthat was reviewed as part of the original ESDM Report; or

(c) an increase to the concentration at a Point of Impingement of a Compound of Concern that does not have a MinistryPoint of Impingement Limit such that the resulting concentration at a Point of Impingement will be greater than thecorresponding Maximum Concentration Level Assessment previously accepted by the Air Standards Manager;

submit a proposed or revised Maximum Concentration Level Assessment for the Compound of Concern to the Director forreview by the Air Standards Manager.

3.3 The Company may not use the Maximum Concentration Level Assessment prior to thirty (30) days from the date of anacknowledgment letter from the Ministry unless the Company receives written acceptance by the Director.

3.4 If the Air Standards Manager does not accept the proposed Maximum Concentration Level Assessment, the Companyshall not introduce or increase the emission rate of the Compound of Concern without approval from the Director.

3.5 (a) The Company shall ensure that prior to one (1) month after the date that the Facility becomes commerciallyoperational that:

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i) the noise emissions from the Facility comply with the limits set in Publication NPC-205;

ii) the Noise Abatement Measures detailed in Schedule E of this Certificate are incorporated into the Facility;

iii) the maximum sound power (decibel re 10-12 Watts) emission levels of the proposed Equipment are not inexcess of values noted in Schedule E of this Certificate, and

iv) the Acoustic Assessment Report is updated to include the insertion losses and/or transmission losses of theactual noise control measures incorporated into the Facility and submitted to the Director and DistrictManager.

(b) The Company shall carry out acoustic audit measurements on the actual noise emissions due to the operation of theFacility, in accordance with the procedures in Publication NPC-103 not later than three (3) months after the date that theFacility becomes commercially operational.

(c) The Company shall submit an acoustic audit report, prepared by an Independent Acoustic Consultant, in accordancewith Publication NPC-233, to the District Manager and the Director, not later than four (4) months after the date that theFacility becomes commercially operational:

(d) The Director may not accept the results of the acoustic audits if the requirements of Publication NPC-233 were notfollowed.

(e) If the Director does not accept the results of the acoustic audit the Director may :

i) require the Company to repeat the acoustic audit, orii) in accordance with the Act, impose additional conditions to the Company's Certificate of Approval.

4. DOCUMENTATION REQUIREMENTS

4.1 The Company shall, at all times, maintain documentation that describes the current operations of the Facility, includingbut not limited to:

(a) a current ESDM Report that demonstrates compliance with the Performance Limits for the Facility regarding allCompounds of Concern;

(b) a current Acoustic Assessment Report that demonstrates compliance with the Performance Limits for the Facilityregarding noise emissions;

(c) an up-to-date Log that describes each Modification to the Facility; and

(d) a record of the changes to the ESDM Report and Acoustic Assessment Report that documents how each Modificationis in compliance with the Performance Limits.

4.2 The Company shall, during regular business hours, make the current Emission Summary Table and Acoustic AssessmentSummary Table available for inspection at the Facility by any interested member of the public.

5. REPORTING REQUIREMENTS

5.1 The Company shall provide the District Manager and the Director no later than August 15 of each year, a WrittenSummary of activities undertaken in the previous calendar year that shall include the following:

(a) a signed statement that the Facility was in compliance with the Performance Limits;

(b) a summary of each Modification that took place in the previous calendar year and resulted in a change in the previouslycalculated concentration at the Point of Impingement for any Compound of Concern or resulted in a change in the soundlevels reported in the Acoustic Assessment Summary Table at any Point of Reception;

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(c) a list of each Compound of Concern submitted to the Air Standards Manager for review in the previous calendar year;

(d) a review of any changes to a Ministry Point of Impingement Limit undertaken in the previous calendar year that affecta Compound of Concern emitted from the Facility;

(e) a tabulated summary of the changes in the emission rate of any Compound of Concern and the resultant increase ordecrease in the Point of Impingement concentration reported in the ESDM Report over the previous calendar year; and

(f) the Emission Summary Table and Acoustic Assessment Summary Table for the Facility as of December 31 from theprevious calendar year.

6. OPERATION AND MAINTENANCE

6.1 The Company shall prepare and implement, not later than three (3) months from the date of this Certificate, operatingprocedures and maintenance programs for all Processes with Significant Environmental Aspects. The Company shallensure that all Processes with Significant Environmental Aspects are operated and maintained at all times in accordancewith this Certificate, the operating procedures and maintenance programs. The operating procedures and maintenanceprograms shall specify as a minimum:

(a) frequency of inspections and scheduled preventative maintenance;

(b) procedures to prevent upset conditions;

(c) procedures to minimize all fugitive emissions;

(d) procedures to prevent and/or minimize odorous emissions; and

(e) procedures for record keeping activities relating to the operation and maintenance programs.

7. COMPLAINTS RECORDING PROCEDURE

7.1 If at any time, the Company receives any environmental complaints from the public regarding the operation of theEquipment approved by this Certificate, the Company shall respond to these complaints according to the followingprocedure:

(a) the Company shall record and number each complaint, either electronically or in a log book, and shall include thefollowing information: the time and date of the complaint and incident to which the complaint relates, the nature of thecomplaint, wind direction at the time and date of the incident to which the complaint relates and the address of thecomplainant, if known;

(b) the Company, upon notification of a complaint, shall initiate appropriate steps to determine all possible causes of thecomplaint, and shall proceed to take the necessary actions to appropriately deal with the cause of the subject matter of thecomplaint; and

(c) the Company shall complete and retain on-site a report written within one (1) week of the complaint date, listing theactions taken to appropriately deal with the cause of the subject matter of the complaint and any recommendations forremedial measures, and managerial or operational changes to reasonably avoid the recurrence of similar incidents.

8. RECORD KEEPING REQUIREMENTS

8.1 Any information requested by the Ministry concerning the Facility and its operation under this Certificate, including,but not limited to, any records required to be kept by this Certificate, shall be provided to the Ministry, upon request, in atimely manner.

8.2 The Company shall retain, for a minimum of seven (7) years from the date of their creation, except as noted below, allreports, records and information described in this Certificate and shall include but not be limited to:

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(a) the current ESDM Report;

(b) the Acoustic Assessment Report;

(c) supporting information used in the emission rate calculations performed in the ESDM Report and Acoustic AssessmentReport to document compliance with the Performance Limits (superseded information must be retained for a period ofthree (3) years after Modification);

(d) the Log that describes each Modification to the Facility;

(e) the Written Summaries provided to the Ministry;

(f) the operating procedures and maintenance programs, including records on the maintenance, repair and inspection of theEquipment related to all Processes with Significant Environmental Aspects;

(g) the complaints recording procedure, including records related to all environmental complaints made by the public asrequired by the section titled Complaints Recording Procedure of this Certificate;

(h) all records produced by the CEM system; and

(i) all records and summaries produced from the source testing and thermal efficiency testing of the Power GenerationFacility.

9. EQUIPMENT WITH SPECIFIC OPERATIONAL LIMITS

Power Generation Facility

PERFORMANCE

9.1. The Company shall ensure that the Power Generation Facilityis designed and operated to comply, at all times, with thefollowing performance requirements:

(1) The concentrations of nitrogen oxides, carbon monoxide and sulphur dioxide, in the undiluted gas emitted from theCogeneration Facility stacks are not greater than the limits specified in Schedule "B" attached to this Certificate.

SOURCE TESTING

9.2. The Company shall perform Source Testing, in accordance with the procedure outlined in schedule "C", once after thecommencement of the operation of the Power Generation Facility and once every two (2) calender years thereafter todetermine the rate of emission of Nitrogen Oxides and Carbon Monoxide from the Power Generation Facility.

THERMAL EFFICIENCY VERIFICATION PROCEDURE

9.3. The Company shall perform a test once after the commencement of operation of the Cogeneration Facility, but notlater than the completion of the source testing required in condition No. 9.2 and once every two (2) calender yearsthereafter, to determine the Thermal Efficiency of the Power Generation Facility. The Company shall, as a minimum:

(1) determine the parameters described in Schedule "D", during the Thermal Efficiency testing for the Power GenerationFacility;

(2) calculate the Thermal efficiency of the Power Generation Facility according to the formula described in Schedule "D";and

(3) prepare a summary of the results of the Thermal Efficiency testing no later than two (2) months after completing thetest. The summary shall indicate the Thermal Efficiency of the Power Generation Facility and include all parametersdescribed in Schedule "D".

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CONTINUOUS EMISSION MONITORING (CEM)

9.4 The Company shall install and maintain operational a CEM system not later than three (3) months after commencementof operation of the Power Generation Facility to continuously monitor and record the concentrations of nitrogen dioxide,carbon monoxide and oxygen in the undiluted flue gases leaving the Equipment. The locations and the specifications of theCEM system are outlined in Schedule “F”.

The installation, periodic testing, and all activities ensuring quality assurance and quality control of the CEM system shall beperformed in strict compliance with the recommendations of the document titled "Protocols and PerformanceSpecifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation-Report EPS 1/PG/7"(hereinafter called 1/PG/7) published by Environment Canada in September 1993, or as modified.

10. REVOCATION OF PREVIOUS CERTIFICATES OF APPROVAL(Air & Noise)

10.1 This Certificate replaces and revokes all Section 9 Certificates of Approval issued to the Facility and dated prior tothe date of this Certificate.

SCHEDULE “A”

Supporting Documentation

(a) Application dated April 2nd, 2008, signed by Duncan B. McEachern and submitted by the Company for a Certificate ofApproval (Air & Noise);

(b) Emission Summary and Dispersion Modelling Report, prepared by AMEC Earth and Environmental and dated April 2nd,2008;

(c) Acoustic Assessment Report entitled Environmental Acoustical Assessment Report, Proposed North Dumfries EnergyCentre, Cambridge, Ontarioprepared by HGC Engineering, dated April 3, 2008 and signed by Robert Stevens.

SCHEDULE "B"

EMISSION LIMITS

PARAMETER LIMIT

----------------------------------------------Nitrogen Oxides1 32 ppmv2Carbon Monoxide 60.0 ppmvSulphur Dioxide 130.0 ppmv----------------------------------------------

1. "Nitrogen oxides" means oxides of nitrogen, including nitric oxide (NO) and nitrogen dioxide (NO2).2. "ppmv" means parts per million by volume on a dry basis normalized to 15 per cent oxygen.

SCHEDULE "C"SOURCE TESTING PROCEDURE

1. The Company shall submit, prior to commencement of operation of the Power Generation Facility, to the Manager atest protocol, including the Pre-Test Information for the Source Testing required by the Source Testing Code.

2. The Company shall finalize the test protocol in consultation with the Manager.

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3. The Company shall not commence the Source Testing until the Manager has accepted the test protocol.

4. The Company shall complete the Source Testing not later than three (3) months after the Manager has accepted the testprotocol or three (3) months after the commencement of operation of the Power Generation Facility whichever occurslater.

5. The Company shall notify the District Manager and the Manager in writing of the location, date and time of anyimpending Source Testing required by this Certificate, at least fifteen (15) days prior to the Source Testing.

6. The Company shall submit a report on the Source Testing to the District Manager and the Manager not later than two(2) months after completing the Source Testing. The report shall be in the format described in the Source Testing Code,and shall also include, but not be limited to:

a. An executive summary;b. Date, time and duration of each test;c. Records of operating conditions;d. Oxygen concentration (percent by volume);e. Stack gas volumetric flowrate (cubic metres per second at reference conditions);f. Stack gas temperature (degrees Celsius);g. Average of emission concentration readings of the Test Contaminants (part per million by volume);h. Results of dispersion calculations in accordance with Regulation 419/05, indicating the maximum concentration of theTest Contaminants at the Point of Impingement.

7. The Director may not accept the results of the Source Testing if:a. the Source Testing Code or the requirements of the Supervisor were not followed; orb. the Company did not notify the District Manager and the Manager of the Source Testing; orc. the Company failed to provide a complete report on the Source Testing.

8. If the Director does not accept the results of the Source Testing, the Director may require re-testing.

SCHEDULE "D"

PARAMETERS:

1. Power Output (megaWatts)2. Heat Output (megaWatts)3. Fuel Flow Rate (in cubic metres per second at standard temperature and pressure, or kilograms per second)4. Lower Heating Value of the Fuel (megajoules per cubic metre)5. (a) Ambient air temperature (degree of Celsius)(b) barometric pressure (kilopascal)(c) relative humidity (per cent)6. Date, time and duration of test.

THERMAL EFFICIENCYFORMULA:

(Power Output + Heat Output) x 100%Thermal Efficiency = -----------------------------------------------------Fuel Flow Rate x Lower Heating Value

SCHEDULE “E”

NOISE CONTROL MEASURES

1 – Combustion Turbine Generator (CGT)Exhaust Stack Outlets

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Each of the two (2) turbines will be equipped with an exhaust silencer system designed to limit the emitted sound to thelevels listed in Table II below.

2 – Auxiliary Power Unit

The sound power level of the silenced exhaust outlet and the un-silenced engine/generator housing the auxiliary power unit(750 kW back-up diesel generator) must not exceed the values in Table III.

3 – CGT Inlets

The combustion air inlet of each turbine will be equipped with an intake silencer system designed to limit the emitted soundto no more than the levels listed in Table IV below.

4 – CGT Enclosures

An acoustical enclosure will be provided for each CGT. The enclosure’s ventilation air inlet and outlet openings will beequipped with silencers. Table V below lists the maximum allowable sound power level specification for each enclosure(radiated from the walls), the sum of its ventilation inlets, and the sum of its ventilation outlets, including the effects of thesilencers.

5 – CGT Exhaust Diffuser & Expansion Joint

The exhaust ducting system between the CGT and the exhaust stack will be equipped with an acoustical lagging system.Table VI below lists the maximum allowable sound power levels to be emitted from the exhaust diffuser, ducting andexpansion joint of each CGT (the entire system between the CGT enclosure and the exhaust stack wall).

6 – CGT Exhaust Stack Wall Radiated Sound

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Table VII below lists the maximum allowable sound power levels to be emitted from the exhaust stack walls of each CGT.

7 – CGT Combustion Inlet Ducting

Table VIII below lists the maximum allowable sound power levels to be emitted from the inlet ducts of each CGT.

8 – CGT Fuel Gas Piping

The outdoor fuel gas piping, should not exceed the maximum sound power levels specifications noted below.

9 – Lube Oil Package

Table X below lists the maximum allowable sound power levels to be emitted from the Lube Oil Package. (Note: the lubeoil package does not include the lube oil cooler, which has its own sound level specification.)

10 – Lube Oil Cooler

Table XI below lists the maximum allowable sound power levels to be emitted from the outdoor Lube Oil Cooler (sum ofall fans).

11 – Glycol Cooler

Table XII below lists the maximum sound power levels of the proposed outdoor Rotar Air (glycol) Cooler (sum of allfans).

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12 – Step-up Transformers

The maximum sound power level from each of the two (2) step-up transformers is 95 dBA (re 10-12 W), including theenergized and fully-loaded core, as well as all of the cooling fans operating at full speed.

SCHEDULE "F"Schedule "F" forms part of this Certificate of Approval (Air).

CONTINUOUS MONITORING SYSTEM

NITROGEN DIOXIDEINSTALLATION:The continuous nitrogen dioxide monitor shall be installed at an accessible location where the measurements arerepresentative of the actual concentrations of nitrogen dioxide in the undiluted flue gases leaving the equipment and shallmeet the following installation specifications:

PARAMETERS SPECIFICATION

1. Range (parts per million, ppm): 0 -100

2. Calibration Gas Ports: close to the sample point

PERFORMANCE:The continuous nitrogen dioxide monitor shall meet the following minimum performance specifications for the followingparameters:

PARAMETERS SPECIFICATION

1. Span Value: (nearest ppm equivalent) 2 times the average normal concentration of the source

2. Relative Accuracy: # 10 percent of the mean value of the reference method test data

3. Calibration Error: # 2 percent of actual concentration

4. System Bias: # 4 percent of the mean value of the reference method test data

5. Procedure for Zero and Span Calibration Check: all system components checked

6. Zero Calibration Drift (24-hour): # 2.5 percent of span value

7. Span Calibration Drift (24-hour): # 2.5 percent of span value

8. Response Time (90 percent of full scale): #200 seconds

9. Operational Test Period : $168 hours without corrective maintenance

CALIBRATION:Daily calibration drift checks on the monitor shall be performed and recorded when the equipment is operating inaccordance with the requirements of Report EPS 1/PG/7.DATA RECORDER:The data recorder must be capable of registering continuously the measurement of the monitor with an accuracy of 0.5percent of a full scale reading or better and with a time resolution of 2 minutes or better.RELIABILITY:The monitor shall be operated and maintained so that accurate data is obtained during a minimum of 90 percent of the timefor each calendar quarter during the first full year of operation, and 95 percent, thereafter when the equipment is operating.

Schedule "F" Cont'd

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CARBON MONOXIDE

INSTALLATION:The continuous carbon monoxide monitor shall be installed at an accessible location where the measurements arerepresentative of the actual concentrations of carbon monoxide in the undiluted flue gases leaving the equipment and shallmeet the following installation specifications:

PARAMETERS SPECIFICATION

1. Range (parts per million, ppm): 0 -100

2. Calibration Gas Ports: close to the sample point

PERFORMANCE:The continuous carbon monoxide monitor shall meet the following minimum performance specifications for the followingparameters:

PARAMETERS SPECIFICATION

1. Span Value: (nearest ppm equivalent) 100 ppm

2. Relative Accuracy: # 5 ppm

3. Calibration Error: # 5 ppm

4. System Bias: # 10 ppm

5. Procedure for Zero and Span Calibration Check: all system components check

6. Zero Calibration Drift (24-hour): # 25 ppm

7. Span Calibration Drift (24-hour): # 25 ppm

8. Response Time (90 percent of full scale): # 90 seconds

9. Operational Test Period : $168 hours without corrective maintenance

CALIBRATION:Daily calibration drift checks on the monitor shall be performed and recorded when the equipment is operating inaccordance with the requirements of Report EPS 1/PG/7.

DATA RECORDER:The data recorder must be capable of registering continuously the measurement of the monitor with an accuracy of 0.5percent of a full scale reading or better and with a time resolution of 2 minutes or better.

RELIABILITY:The monitor shall be operated and maintained so that accurate data is obtained during a minimum of 90 percent of the timefor each calendar quarter during the first full year of operation, and 95 percent, thereafter when the equipment is operating.

Schedule "F" Cont'd

OXYGENINSTALLATION:The continuous oxygen monitor shall be installed at an accessible location where the measurements are representative ofthe actual concentrations of oxygen in the undiluted flue gases leaving the equipment and shall meet the followinginstallation specifications:

PARAMETERS SPECIFICATION

1. Range (percentage): 0 - 20 or 0 - 25

2. Calibration Gas Ports: close to the sample point

PERFORMANCE:

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The continuous oxygen monitor shall meet the following minimum performance specifications for the followingparameters:

PARAMETERS SPECIFICATION

1. Span Vale (percentage): 20 or 25

2. Relative Accuracy: # 2 percent O2

3. Calibration Error: 0.25 percent O2

4. System Bias: # 1 percent

5. Procedure for Zero and Span Calibration Check: all system components checked

6. Zero Calibration Drift (24-hour): # 0.5 percent O2

7. Span Calibration Drift (24-hour): # 0.5 percent O2

8. Response Time (90 percent of full scale): # 90 seconds

9. Operational Test Period: $ 168 hours without corrective maintenance

CALIBRATION:Daily calibration drift checks on the monitor shall be performed and recorded when the equipment is operating inaccordance with the requirements of Report EPS 1/PG/7.DATA RECORDER:The data recorder must be capable of registering continuously the measurement of the monitor with an accuracy of 0.5percent of a full scale reading or better and with a time resolution of 2 minutes or better.RELIABILITY:The monitor shall be operated and maintained so that accurate data is obtained during a minimum of 90 percent of the timefor each calendar quarter during the first full year of operation, and 95 percent, thereafter when the equipment is operating.

The reasons for the imposition of these terms and conditions are as follows:

1. GENERAL

Condition No. 1 is included to require the Certificate holder to build, operate and maintain the Facility in accordance withthe Supporting Documentation considered by the Director in issuing this Certificate.

2. OPERATIONAL FLEXIBILITY AND PERFORMANCE LIMITS

Condition Nos. 2 and 3 are included to limit Modifications and define the operating envelope permitted by this Certificate.The holder of the Certificate is approved for operational flexibility for the Facility that is consistent with the description ofthe operations included with the application up to the Facility Production Limit. In return for the operational flexibility theCertificate places performance based limits that can not be exceeded under the terms of this Certificate. Certificateholders will still have to obtain other relevant approvals required to operate the Facility, including requirements under otherenvironmental legislation such as the Environmental Assessment Act.

3. DOCUMENTATION REQUIREMENTS

Condition No. 4 is included to require the Company to maintain ongoing documentation that demonstrates compliance withthe Performance Limits of this Certificate and allows the Ministry to monitor on-going compliance with these PerformanceLimits. The Company is required to have an up to date ESDM Report and Acoustic Assessment Report that describe theFacility at all times and make the Emission Summary Table and Acoustic Assessment Summary Table from these reportsavailable to the public on an ongoing basis in order to maintain public communication with regard to the emissions from theFacility.

4. REPORTING REQUIREMENTS

Condition No. 5 is included to require the Company to provide a yearly Written Summary to the Ministry.

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5. OPERATION AND MAINTENANCE

Condition No. 6 is included to require the Company to properly operate and maintain the Processes with SignificantEnvironmental Aspects to minimize the impact to the environment from these processes.

6. COMPLAINTS RECORDING PROCEDURE

Condition No. 7 is included to require the Company to respond to any environmental complaints regarding the operation ofthe Equipment, according to a procedure that includes methods for preventing recurrence of similar incidents and arequirement to prepare and retain a written report.

7. RECORD KEEPING REQUIREMENTS

Condition No. 8 is included to require the Company to retain all documentation related to this Certificate and provideaccess to Ministry staff, upon request, so that the Ministry can determine if a more detailed review of compliance with thePerformance Limits is necessary.

8. EQUIPMENT WITH SPECIFIC OPERATIONAL LIMITS

Condition No. 9.1 is included to provide the minimum performance requirement considered necessary to prevent anadverse effect resulting from the operation of the Facility.

Condition Nos. 9.2, 9.3 and 9.4 are included to require the Company to gather accurate information so that theenvironmental impact and subsequent compliance with the Act, the regulations and this Certificate can be verified.

9. REVOCATION OF PREVIOUS CERTIFICATES OF APPROVAL (Air and Noise)

Condition No. 10 is included to confirm that this Certificate replaces all Section 9 Certificate(s) of Approval that have beenpreviously issued for this Facility.

In accordance with Section 139 of the Environmental Protection Act, R.S.O. 1990, Chapter E-19, as amended, you may bywritten notice served upon me and the Environmental Review Tribunal within 15 days after receipt of this Notice, requirea hearing by the Tribunal. Section 142 of the Environmental Protection Act, provides that the Notice requiring the hearingshall state:

1. The portions of the approval or each term or condition in the approval in respect of which the hearing is required, and;2. The grounds on which you intend to rely at the hearing in relation to each portion appealed.

The Notice should also include:

3. The name of the appellant;4. The address of the appellant;5. The Certificate of Approval number;6. The date of the Certificate of Approval;7. The name of the Director;8. The municipality within which the works are located;

And the Notice should be signed and dated by the appellant.

This Notice must be served upon:

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The Secretary*Environmental Review Tribunal655 Bay Street, 15th FloorToronto, OntarioM5G 1E5

AND The DirectorSection 9, Environmental Protection ActMinistry of the Environment2 St. Clair Avenue West, Floor 12AToronto, OntarioM4V 1L5

* Further information on the Environmental Review Tribunal’s requirements for an appeal can be obtained directly from the Tribunal at:Tel: (416) 314-4600, Fax: (416) 314-4506 or www.ert.gov.on.ca

The above noted works are approved under Section 9 of the Environmental Protection Act.

DATED AT TORONTO this 18th day of September, 2008Victor Low, P.Eng.DirectorSection 9, Environmental Protection Act

QN/c: District Manager, MOE GuelphSteve Mercer, AMEC

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