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LEHDER News

Updates to AEP's Review of the 1998 CEMS Code

     Posted by LEHDER News on

Updates to AEP's Review of the 1998 CEMS CodeAlberta Environment and Parks (AEP) had issued a solicitation for feedback regarding the 1998 Continuous Emission Monitoring System (CEMS) Code; comments were accepted until July 19, 2017. The AEP has issued a follow-up email regarding the next steps in drafting the revision of the CEMS Code. This information is provided below, please note the email distribution lists you can join in order to receive forthcoming updates directly.

Thank you very much to those who provided comments and suggestions on the 1998 CEMS Code. We received a lot of feedback and were encouraged to see many common themes.

We have reviewed the feedback and will continue to use it as we work on completing a draft revised CEMS Code. We will not be providing responses to the comments submitted at this time. We will incorporate all that we heard into the draft we prepare, but do not have resolution at this time as to how each suggestion will be addressed.

We did receive requests for further information on the revision process. Here are some details that we are able to share at this time:

  • AEP in collaboration with the AER, will be reviewing in further detail the feedback submitted.

  • Comments and suggestions will be used to draft a revised CEMS Code. Once a draft is complete, it will be posted for stakeholder review and comment (a 60-day review period), via the Air Monitoring Directive website.

  • Communication to stakeholders will be via the AMD email distribution list and the CEMS Users email distribution list.Information on how to join those lists is provided below.

  • We are not able to confirm when a draft will be available for review, however we are aiming to have revision team work completed by the end of calendar year 2017. The date for completion of the final revised Code will depend on when the draft is posted and what feedback is received on the draft.

  • A “coming into force” date has not yet been decided, however that will be part of the draft posted for review.

Those interested to receive updates on this work can sign up for one of the following email distribution lists:

AMD Feedback email distribution list available from: http://aep.alberta.ca/air/legislation/air-monitoring-directive/default.aspx

CEMS Users email distribution list available from: http://aep.alberta.ca/air/reports-data/continuous-emissions-monitoring/default.aspx

Thank you again for your participation. Please let us know if you have questions.

If you have any questions regarding the 1998 CEMS Code or the Air Monitoring Directive, please contact Mike Denomme.

Ontario Government - Red Tape Challenge for Chemical Manufacturing

     Posted by LEHDER News on

Chemical Manufacturing Comments for Red Tape ChallengeThe Government of Ontario is soliciting feedback regarding regulations affecting the chemical manufacturing industry, based upon the Red Tape Challenge.  Comments are currently being received on 148 different regulations which affect this industry until September 30, 2017.  A report with the consultation findings will be issued on March 30, 2018.

This government initiative is intended to provide an avenue for stakeholders to provide input on existing regulations to assist with updating, improving or eliminating the regulations pertaining to the chemical manufacturing industry.

Consultation on the following regulatory categories is currently available:

Comments can be provided by selecting the category above; more information regarding this consultation is available at:

https://talks.ontario.ca/redtapechallenge/

If you do not work within this industry, the Ontario Government is still interested in comments you may have pertaining to any of the regulations listed so please feel free to participate.

For more information, please contact Marnie Freer.

Proposed Amendments to Ontario Regulation 455/09 and the Toxics Reduction Act Posted for Comments

     Posted by LEHDER News on

On July 28, 2017, proposed amendments to Ontario Regulation 455/09 and creation of a new services documents regulation under the Toxics Reduction Act were posted to the Environmental Registry.  Comments on the proposals must be submitted by September 26, 2017.  The full EBR posting, EBR Registry Number 012-8583, can be viewed at the following link.  Excerpts from the post providing an overview of the proposed amendments is provided below as well.

EBR Registry Number 012-8583:

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTMwMDQ1&statusId=MTk3MDA0&language=en

Proposed Amendments to O. Reg. 455/09:

MOECC is proposing that O. Reg. 455/09 be amended with respect to:

1. Reducing a reporting requirement from the annual report for the regulated community Require facilities to report on the estimated amounts of toxic substance reductions from the implementation of more than one option in aggregate rather than per option, as is currently the case.

2. Modifying the planning process to focus on technically feasible options Modify the toxic substance reduction planning process so that estimates of reduction in the use, creation, and discharge of a toxic substance included in the plan would only be required for those reduction options determined to be technically feasible.

3. Simplifying the toxic substance plan review process When creating a new version of a plan as a result of a review of the plan, a facility:

  • Would be required to provide a new statement of intention to reduce a toxic substance or, alternately, the reasons for not making such a statement. A rationale explaining the changes from the previous plan would no longer be required.
  • Would be required to update the objectives, but would not be required to provide a rationale explaining the changes from the previous plan.
  • Would no longer be required to include all the previous years’ records since the current plan was created. Only the previous year’s accounting records would be required to be included. Facilities are already required to retain all documents and records created or acquired for preparing, amending and reviewing plans, and for tracking and quantifying substances for a minimum of seven years.

4. Adjust the schedule and timing of the plan review process Change the date by which facilities must review and prepare a new version of their toxic substance reduction plans from December 31, 2018 to December 31, 2019, and require subsequent reviews of plans take place every sixth year instead of every fifth year.

5. Protecting business confidentiality For the purpose of reporting to the public, require year-over-year comparisons for the use, creation and contained in product to be expressed in percentages only, and not in actual units of measurement as well, as is currently the case.

6. Aligning with changes made to the NPRI reporting requirements

  • Automatically provide facilities with an extension to the due date for submitting, annual reports, exit records and exemption records if NPRI reporting deadlines are extended.
  • Provide the Director with the discretion to extend the due date for submitting plan summaries if there are technical difficulties with submitting them through the online reporting interface (i.e., Single Window).
  • Align administrative information required by the Toxics Reduction Program with that required by NPRI. The changes focus on the North American Industry Classification System (NAICS) codes, spatial coordinates, and email addresses.

7. Clarifying language and intent of the regulation

  • Add a requirement that the annual report information required to be made available to the public on the internet be done so on or before December 31st in the calendar year in which the report was given to the Director and remain available for the duration it is current.
  • Add a requirement that a plan summary be made available on the internet for the duration it is current.
  • Clarify that only certain documents, such as annual reports or plan summaries that are submitted to the Director are the documents that must be submitted in an electronic form approved by the Director.

8. Administrative/housekeeping changes

9. Removing provisions that no longer apply

Proposed New Service of Documents Regulation under the Toxics Reduction Act:

Make a new service of documents regulation under the TRA to modernize how certain documents are served. This would be similar to service of documents regulations found under the Environmental Protection, Safe Drinking Water, Pesticides, Nutrient Management, Clean Water, and Ontario Water Resources Acts.

Comments must be submitted by September 26, 2017 and can be submitted by mail or online:

Erin Harrigan Podgaiz
Senior Program Advisor
Ministry of the Environment and Climate Change
Environmental Programs Division
Program Management Branch
40 St Clair Avenue West
4th floor
Toronto Ontario
M4V1M2
Phone: (416) 325-4103

For more information, please contact Marnie Freer.

Comment Period for Proposed Emission Regulations for Oil & Gas Closing July 27, 2017

     Posted by LEHDER News on

ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 27, 2017, Environment and Climate Change Canada (ECCC) published the proposed regulations for methane and VOC emissions for the oil and gas sector in the Canada Gazette, Part I, for a 60 day comments period; comments will be accepted until July 27, 2017.

Links to the Regulatory Impact Analysis Statement, proposed regulatory text and contact information for comments is provided below.

Regulations Respecting Reduction in the Release of Volatile Organic Compounds (Petroleum Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent to Helen Ryan, Director General, Energy and Transportation Directorate, Environmental Protection Branch, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax: 819-420-7410; email: ec.covsecteurpetrolier-vocpetroleumsector.ec@canada.ca).

Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent by mail to the Oil, Gas and Alternative Energy Division, Department of the Environment, Gatineau, Quebec K1A 0H3 or by email to ec.methane-methane.ec@canada.ca.

For questions on how these regulations may impact your facility, please contact Marnie Freer.

Proposed Emission Regulations for Oil & Gas Industry

     Posted by LEHDER News on

ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 25, 2017, Environment and and Climate Change Canada (ECCC) issued a news release regarding the proposed methane and VOC emission regulations for the oil and gas sector. These proposed regulations will be published in the Canada Gazette, Part I, on May 27, 2017 for a 60 day comments period; comments will be accepted until July 27, 2017.

The full ECCC news release, including quick facts and links to the backgrounders on the proposed regulations, can be viewed here:

https://www.canada.ca/en/environment-climate-change/news/2017/05/canada_to_reduceemissionsfromoilandgasindustry.html

Quick links to the proposal technical backgrounders are available below:

Proposed regulations to reduce methane emissions in the oil and gas sector

Proposed regulations to reduce the release of volatile organic compounds (petroleum sector)

For questions on how these regulations may impact your facility, please contact Marnie Freer.

MSAPR Part 1 Online Reporting Application & Webinars for June Reporting Requirements

     Posted by LEHDER News on

MSAPR Part 1 Online Reporting ApplicationOn April 27, 2016, the Online Reporting Application was released for the Multi-Sector Air Pollutants Regulations (MSAPR) Part 1 - Boilers and Heaters for the June reporting requirements; the application is accessed through Environment and Climate Change Canada’s Single Window (SWIM) reporting platform.  It is important to note that pursuant to Section 120 of the MSAPR, the use of the online reporting tool is mandatory.  The Application will be updated later this year  to accommodate future online reporting requirements (e.g. annual reports).

In addition, several webinars will be held to demonstrate the Online Reporting Application in both English and French.  There is no need to pre-register for these webinars.

 Date

Time

Language

WebEx Link

Monday May 1, 2017

12:30 (EST)

  English

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=e16e667dbb575291bcbdbd5631c4e4d2f

Wednesday May 3, 2017

12:30 (EST)

  French

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=eb721a4f74247da115c0ff2c3634ad804

Thursday May 4, 2017

12:30 (EST

  English

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=e18e5bda9152e676de1c0a0e95b27d01b


Copies of the instructional documents for SWIM entry are provided below.

MSAPR Part 1 - Online Reporting Application Instructions (English) MSAPR Part 1 - Online Reporting Application Instructions (English) (146 KB)



MSAPR Part 1 - Online Reporting Application Instructions (French) MSAPR Part 1 - Online Reporting Application Instructions (French) (123 KB)


Additional questions can be forwarded to ec.combustion.ec@canada.ca.

For additional information in regards to the MSAPR, please contact Pete Pakalnis.

Comment Period Open for Proposed Amendments to Cap and Trade Regulations

     Posted by LEHDER News on

Spring 2017 Proposed Amendments to Cap and TradeOn April 5, 2017, the proposed amendments to the Cap and Trade and Reporting Regulations was posted to the Environmental Registry.  The full post for this EBR post, Registry #013-0104 can be viewed here but an excerpt of the proposed amendments is provided below.

Proposed Amendments to the Cap and Trade Regulation

Changes being considered to the Cap and Trade regulation along with the incorporated Methodology include:

  • Changes to the methods for determining the number of allowances to be distributed free of charge to particular facilities in the pulp and paper, mineral wool insulation, used oil processing, and fuel ethanol sectors. The proposal is to move the particular facilities to emissions intensity/ product output benchmark approaches from distributions based on energy use or fixed historical emissions.

  • Updates to selected benchmarks or facility intensity in beer and industrial ethanol sectors to address emissions from additional sources (i.e., cogeneration);

  • Refinement of the method for determining the distribution of allowances free of charge to capped participants based on the amount used where that use differs from the indirect useful thermal energy (e.g., steam) imported;

  • Administrative amendments to improve administration and implementation of the program (e.g., address a situation where a facility becomes a mandatory participant after registering as a voluntary participant in a previous year).

Proposed Regulatory Amendments to the Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)

Changes being considered to the reporting regulation along with the incorporated Guideline include:

  • Requiring the reporting of emissions from the use of all the process fuels by the iron and steel producer, including emissions from the process fuel that is transferred off-site

  • Requiring capped participants, for whom the cost of carbon is not included in the price of fuels, to report all emissions from the combustion of fuels they receive. Natural gas distributors do not pass on the cost of carbon to capped participants because they are expected to bear the compliance obligation for those emissions. This would require capped participants to report emissions from both:
      • natural gas used at the capped facility; and
      • natural gas transferred offsite to a non-capped facility.

  • Clarifying the requirements for the reporting and verification of production data by capped participants, to support any application for free allowances. Clarification will apply only to the data that are the basis for the allocation of allowances.

Capped participants will also have an associated compliance obligation under the cap and trade program as a result of these changes under items 1 and 2 to the reporting regulation.

The proposed changes are included in the Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 document provided below.

Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 (261 KB)


Comment Period on Proposed Amendments

The 45 day comment period for these amendments is open until May 20, 2017.  Comments can be submitted directly to:

Eric Loi
Senior Engineer
Ministry of the Environment and Climate Change
Climate Change and Environmental Policy Division
Air Policy Instruments and Programs Design Branch
77 Wellesley Street West
Floor 10
Ferguson Block
Toronto Ontario M7A2T5

Phone: (416) 314-1700

Comments can also be submitted online at:

https://www.ebr.gov.on.ca/ERS-WEB-External/searchComment.do?actionType=add¬iceId=MTMyMTEz&statusId=MjAwNTIz¬iceHeaderIdString=MTMyMTM5

For additional information on Ontario's Cap and Trade Program, please contact Marnie Freer.


Ontario's Cap and Trade Auction Summary Results

     Posted by LEHDER News on

March 2017 Cap and Trade Auction ResultsOn March 22, 2017, the Ontario Ministry of the Environment and Climate Change (MOECC) conducted the first greenhouse gas (GHG) allowances auction. The auction included both current 2017 vintage allowances in addition to an advance auction of 2020 vintage allowances.

All of the current vintage allowances and 26% of the 2020 vintage allowances were purchased during the auction. The March 2017 Ontario Auction #1 Summary Results Report, including the list of participants and additional auction details, has been posted to the Government of Ontario’s site at:

https://www.ontario.ca/page/cap-and-trade-auction-allowances#section-0

The PDF documents have also been provided for you below.

March 2017 Cap and Trade Auction Summary Results (English) March 2017 Cap and Trade Auction Summary Results (English) (91 KB)


March 2017 Cap and Trade Auction Summary Results (French) March 2017 Cap and Trade Auction Summary Results (French) (92 KB)

For additional information on Ontario’s Cap and Trade Program, please contact Marnie Freer.

Environmental Registry Decision on Updated Guidelines for the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality)

     Posted by LEHDER News on

On March 8, 2017, updated guidance documents for Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) were posted to the Environmental Registry. 

The Ontario Ministry of the Environment and Climate Change has updated guidance on technical requirements that support the ministry’s risk framework for air standards, site-specific standard, technical standards and Upper Risk Thresholds (URTs) under the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) made under the Environmental Protection Act. The web links and documents for the updated documents are provided below:

Guideline for the Implementation of Air Standards in Ontario (Guideline A-12)

Guideline for the Implementation of Air Standards in Ontario (GIASO) Guideline for the Implementation of Air Standards in Ontario (GIASO) (3619 KB)

Guide to Requesting a Site-Specific Standard

Guide to Requesting a Site-specific Standard Guide to Requesting a Site-specific Standard (1552 KB)

Guide to Applying for Registration to the Technical Standards Registry – Air Pollution


The full EBR post can be viewed here:

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTI1MDMz&statusId=MTk0OTI0&language=en

For more information on these guidance documents, please contact Marnie Freer.

Ontario's First Cap and Trade Auction Scheduled for March 22, 2017

     Posted by LEHDER News on

Aird & Berlis article on Ontario Cap and Trade Auction, March 22, 2017On February 6, 2017, the Mondaq Business Briefing posted an article written by David Stevens, Partner with Aird & Berlis LLP, in regards to the forthcoming Ontario Cap and Trade Auction of GHG Allowances.  The full post can be viewed here; the article content is also provided for you below.

The Ontario Ministry of the Environment and Climate Change has released an Auction Notice for the Ontario Cap and Trade Program Auction of Greenhouse Gas Allowances to be held on March 22, 2017. This is the first public auction to be held. It follows a "practice auction" that was held earlier in January 2017 to help registered participants in the Cap and Trade program prepare for the official auctions.

As required by the Cap and Trade Program Regulation, the Auction Notice includes details about the upcoming auction, including:

  • Timing: The March 2017 Ontario Auction #1 is scheduled to take place on March 22, 2017 from 1:00 p.m. Eastern Time (ET) until 4:00 p.m. ET (the auction bidding window). Registered participants in the Cap and Trade program can access the online Auction Platform at that time.

  • Allowances Offered for Sale: Allowances offered during an auction are created under the Ontario Cap and Trade program. Allowances offered are for the current vintage budget year (2017) or future vintage budget year (2020), where 'vintage' refers to the year for which they are created. There will be approximately 25 million current vintage allowances offered (Current Auction), along with approximately 3 million 2020 vintage allowances (Advance Auction).

  • Auction Reserve Prices: The Auction Reserve Price is the minimum price at which allowances offered in the Current Auction and Advance Auction will be sold. Bids submitted with a bid price below the Auction Reserve Price will not be accepted. The Ontario Auction Reserve Price will be determined as the higher of the most-recently published California and Québec Annual Auction Reserve Price after applying the exchange rate established for the auction. Presently, the California Reserve Price is higher, at a value of US $13.57 (applicable to both Current and Advance Allowances). The actual Auction Reserve Prices that will apply will be displayed on the Auction Platform prior to the opening of the auction bidding window.

  • Auction Application Requirements and Instructions and Schedule: There are detailed requirements for parties to apply to participate in the auction process, and to establish the required accounts (see here). The deadline to apply to participate in the first auction is February 21, 2017.

  • Auction Procedures: Participants will be able to submit bids manually and upload bid schedules in a pre-defined Excel template in the Auction Platform during the scheduled 3-hour auction bidding window. Bidders submit bids in a single-round, sealed-bid auction format. Bid quantities can only be submitted in multiples of 1,000 allowances.

The Auction Summary Results Report will be released to the public on April 3, 2017. At the same time, the auction results will be available to qualified bidders. It will be interesting to compare the results in Ontario with the auction results seen for California and Quebec (discussed in earlier posts, here and here).

For more information in regards to Ontario's Cap and Trade Program, please contact Marnie Freer.