42. Despite section 2 of the Regulation respecting the application of the Environment Quality Act (chapter Q-2, r. 3), the following projects are subject to section 22 of the Environment Quality Act (chapter Q-2):(1) implementing a new raising site where the annual phosphorus (P2O5) production will be equal to or greater than 4,200 kg; and
(2) increasing, in a raising site, the annual phosphorus (P2O5) production to raise the production to 4,200 kg or more, without, however, reaching 5,200 kg, or to make the production equal to or greater than the 4,200 kg production threshold increased by 1,000 kg or a multiple of 1,000 kg, calculated according to the following formula: [4,200 kg + (1,000 kg × 1, 2, 3, 4, etc.)]; however, where an increase is such that more than one threshold will be reached or exceeded, only the highest threshold reached or exceeded is subject to section 22 of the Environment Quality Act. In addition, the authorization referred to in section 22 of the Environment Quality Act issued for reaching or exceeding a threshold is valid until an authorization for an increase to reach or exceed a subsequent higher threshold is required.
For the purposes of subparagraph 2 of the first paragraph,(1) as of 1 January 2011, in the case of an existing raising site for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season following that date The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site; and
(2) in the case of a raising site established as of 1 January 2011 for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season of that raising site. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site.