EBR Posting - Cumulative Effects Assessment in Air Approvals

     Posted by LEHDER News on

Cumulative Effects Assessment in Air ApprovalsOn November 9, 2017, the Ministry of the Environment and Climate Change posted a new proposed policy regarding Cumulative Effects Assessment (CEA) in air approvals on the EBR (EBR Registry #013-1680). The intent is to more effectively consider cumulative impacts from both industrial and non-industrial air pollution sources.

The proposed policy applies to air emissions of benzene and benzo[a]pyrene in the Hamilton/Burlington area and benzene in the Sarnia/Corunna area.  A comment period of 90 days is in effect; comments must be submitted by February 7, 2018.

Relevant documentation and comment submission information is provided below.

Proposal for Cumulative Effects Assessment (CEA) in Air Approvals Proposal for Cumulative Effects Assessment (CEA) in Air Approvals (132 KB)

Discussion Paper: Cumulative Effects Assessment in Air Approval Discussion Paper: Cumulative Effects Assessment in Air Approval (361 KB)

All comments on this proposal must be directed to:

Lubna I. Hussain
Ministry of the Environment and Climate Change
Environmental Sciences and Standards Division
Standards Development Branch
40 St. Clair Avenue West
Floor 7
Toronto Ontario
M4V 1M2
Phone: (416) 212-0081
Fax: (416) 327-9187

To submit a comment online, click the submit button below:

For more information, please contact Penny McInnis.

MOECC Posts Proposal for a New SO2 Standard and Associated Transitional Operating Conditions Requirements for Ontario

     Posted by LEHDER News on

On October 27, 2017, the Ontario Ministry of the Environment and Climate Change (MOECC) posted the proposal to amend Ontario Regulation 419/05: Air Pollution - Local Air Quality (O. Reg. 419/05) to the Environmental Registry for sulphur dioxide (SO2). The proposed amendments would introduce updated air standards for SO2 and clarify the requirements for assessing operating conditions in O. Reg. 419/05. The phase-in period for the updated SO2 air standard is proposed to be five years.  A comment period of 45 days has been initiated and responses are required by December 11, 2017. The EBR Registry Number 013-0903 full post is available here.

The MOECC is proposing the following updates to the SO2 air emissions for O. Reg. 419.  Two documents have been prepared in order to support this proposed air standard: the Rationale for the development of Ontario Air Standards for Sulphur Dioxide (SO2)and the Science Discussion Document on the Development of Air Standards for Sulphur Dioxide (SO2).

The SO2 air standards are proposed as:

  • One hour (1-hr) standard of 100 μg/m3
  • Annual (year) standard of 10 μg/m3

The annual and 1 hour standards are proposed to be incorporated into Schedule 3 of O. Reg. 419/05.

This proposal also includes amendments to Schedule 6 for Upper Risk Thresholds (URTs) for SO2 and is proposed to be set at the level of the current SO2 air standards, namely:

  • 1-hour URT of 690 μg/m3 (section 20)
  • ½ hour URT of 830 μg/m3 (section 19)

Generally, URTs under O. Reg. 419/05 are not phased-in. Hence, there is no phase-in period proposed for the proposed SO2 URTs.

Transitional Operating Conditions

The proposed amendments also address section 10 of the Regulation and related guidance in Guideline A10: Procedure for Preparing an Emission Summary and Dispersion Modelling (ESDM) Report to clarify inconsistent interpretations, which includes that all facilities will need to consider scenarios that include start-up and shut-down and when the facility is operating at its maximum design capacity. All other scenarios, when a facility is operating normally, will also need to be considered.

Considerations for Consequential Amendments

As a result of the proposed amendments to the SO2 air standards, the MOECC is also reviewing the need for consequential amendments to Ontario Regulation 350: Lambton Industrial Meteorological Alerts (LIMA). LIMA (O. Reg. 350) was introduced in 1981 to address the impacts of multiple industrial sources of sulphur dioxide in the Sarnia area. More information on these considerations is available here.

For more information, please contact Marnie Freer.

Pre-Notification of Updates to Ontario’s Air Dispersion Models

     Posted by LEHDER News on

On Monday October 2, 2017,  the MOECC issued the pre-notification for updates to the air dispersion models utilized for Ontario Regulatio 419/05: Air Pollution - Local Air Quality.  The pre-notification details are provided below but can also be found at https://www.ontario.ca/page/pre-notification-updates-ontarios-air-dispersion-models

Ontario will be adopting new air dispersion models that are based on latest available science, to provide clarity and consistency to the regulated community and stakeholders.

Ontario’s local air quality regulation (O. Reg. 419/05: Air Pollution – Local Air Quality) under the Environmental Protection Act is part of the province’s air management framework. It regulates air contaminants released into communities by various sources, including local industrial and commercial facilities.

The regulation includes three compliance approaches for industry to demonstrate environmental performance and make improvements when required. Industry can:

  • meet the air standard
  • request and meet a site-specific standard,
  • or register and meet the requirements under a sector-based technical standard (if available).

Most Ontario facilities are regulated by the air standards compliance approach (i.e., meet the air standard), although all three approaches are allowable under the regulation. Models are part of the air standards and site-specific standards compliance approaches. Section 6 of O. Reg. 419/05 provides a list of approved dispersion models for use in assessing compliance with air standards or site-specific standards under the regulation. Currently, the approved dispersion models include:

1. The AERMOD dispersion model (version 14314) and AERMET meteorological preprocessor (version 14314) available from the Ministry of the Environment and Climate Change (MOECC) website.

2. The ASHRAE method of calculation. Section 1(1) of O. Reg. 419/05 defines the “ASHRAE method of calculation” to mean the method of calculation described in Chapter 44 (Building Air Intake and Exhaust Design) of the 2015 ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

3. The SCREEN3 dispersion model on the USEPA’s website, or available from the MOECC.

4. The method of calculation required by the Appendix to Regulation 346, if section 19 of O. Reg. 419/05 applies to the discharges.

In addition, section 13 of O. Reg. 419/05 references regional surface and upper air meteorological data for use with AERMOD that must be processed by the AERMET computer program.

Under subsection 177 (6) of the Environmental Protection Act, the adoption of an amendment to a document that has been incorporated by reference (e.g. AERMOD/AERMET/ASHRAE), comes into effect once the MOECC publishes a notice of the amendment in either The Ontario Gazette or the Environmental Registry under the Environmental Bill of Rights (EBR), 1993.

Accordingly, in April 2018 the MOECC will be posting an Information Notice on the Environmental Registry to replace current regulatory air dispersion models under O. Reg. 419/05 with the following updated model versions:

  • AERMOD dispersion model
    • Will be updated to AERMOD version 16216r (version date December 20, 2016)
  • AERMET meteorological pre-processor
    • Will be updated to AERMET version 16216 (version date December 20, 2016), and
  • ASHRAE method of calculation
    • Will be updated to Chapter 45 (Building Air Intake and Exhaust Design) of the 2015 ASHRAE Handbook – HVAC Applications

The ministry will make the approved dispersion models available through the Ministry of the Environment and Climate Change (MOECC) website.

Ontario Regional Meteorological data sets that have been reprocessed with AERMET 16216 (version date December 20, 2016) will also be available at the above noted website link once the Information Notice is posted on the Environmental Registry (under EBR). Until that time, proponents may request copies of the re-processed meteorological datasets from the Environmental Monitoring and Reporting Branch at MetDataENE@ontario.ca.

Because air dispersion models will continue to evolve in the future, MOECC developed an implementation plan for model version updates, with input from stakeholders, which provides clarity. Key elements of this annual process include the following:

  • Monitoring and assessing regulatory model update developments on an ongoing basis and discussing with stakeholders, as required.
  • Notifying stakeholders, every year, six months in advance of formally adopting updated versions of the models. This will give facilities time to determine if they will be affected by model updates and if so, to contact their local district office for assistance in developing a path forward, as needed.
  • Posting an Information Notice on the Environmental Registry (EBR) six months following pre-notification to formally adopt the updated model versions. We will adopt updated model versions annually as necessary.
  • Updating regulatory data files/instruments, and guidance materials to reflect the adoption of updated model versions, as necessary.

Additional information may also be obtained from:

Ontario Ministry of the Environment and Climate Change
Air Quality Monitoring and Transboundary Air Sciences Section
Environmental Monitoring and Reporting Branch
125 Resources Road, Toronto, ON M9P 3V6
E-mail: MetDataENE@ontario.ca
General Inquiries: 416-235-6171

For more information, please contact Penny McInnis.

Notice of Intent to Remove 83 Substances from the Non-domestic Substances List

     Posted by LEHDER News on

Notice of Intent to Remove 83 Substances from NDSLOn September 23, 2017, a Notice of Intent was published in the Canada Gazette, Part I to amend the Non-domestic Substances List (NDSL) of the Canadian Environmental Protection Act, 1999 (CEPA) to remove 83 substances. A list of the Chemical Abstract Services Registry Numbers of these 83 substances can be found in the Notice of Intent.

Comments must be submitted within 60 days of publication of the Notice of Intent. Provision of information on commercial activities that may be pertinent to this initiative should be included. In accordance with section 313 of CEPA, any person who provides information may submit, with the information, a request that it be treated as confidential.

All comments must cite the Canada Gazette, Part I, and the date of publication of the notice and be sent to following address:

By Mail

Executive Director, Program Development and Engagement Division
Environment and Climate Change Canada
Ottawa, ON K1A 0H3

By Messenger

Executive Director, Program Development and Engagement Division
Environment and Climate Change Canada
171 Jean-Proulx Street
Gatineau, QC J8Z 1W5

By Email


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.

Alberta Review of OHS Act Underway

     Posted by LEHDER News on

Alberta OHS Act Review 2017The Alberta Government is currently reviewing the Occupational Health and Safety (OHS) Act; comments will be accepted until October 16, 2017.  This is the first comprehensive review of the Act since it was enacted in 1976.

The review encompasses not only the legislation but also enforcement, compliance, education, awareness and preventative efforts.  Some of the topics include clarification of the roles of employers and workers responsibilities under the legislation, improving worker engagement and renewed focus on prevention of injury and illness.

Comments will be accepted until October 16, 2017.  The Alberta Government has provided a discussion paper to provide background and direction on completing your review of the Act.  The discussion paper can be accessed at the following link:


An online survey is also available for interested stakeholders.  Participation is anonymous and the survey will take approximately 30 minutes to complete.

Comments can also be submitted via mail or email at:

OHS System Review Secretariat
8th Floor, Labour Building
10808 - 99 Avenue
Edmonton, AB T5K 0G5

Tel: 780-427-2688

Email: lbr.review@gov.ab.ca

For additional information regarding the Alberta OHS Act, please contact Mark Roehler.

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:


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:


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
Phone: (416) 325-4103

For more information, please contact Marnie Freer.

Alberta AMD Webinar - Friday July 21, 2017

     Posted by LEHDER News on

Alberta Environment and Parks Air Policy Division is hosting an Air Monitoring Directive (AMD) information webcast, scheduled for Friday, July 21st between 10:30 – 11:30 AM.

The webcast is being provided via Zoom. It will be recorded and posted to the AMD website for those who are unable to attend.  If participants have questions after the broadcast they can be emailed to AMDFeedback@gov.ab.ca at any time.

To register for the webcast:

After registering, participants will receive a confirmation email which will provide a link to the live event. It is recommended participants use this link to test the connection and download the Zoom plug-in, if required.  It also recommended that participants register early.

This webcast will be presented in a similar format to previous webcasts – via live stream. Participants will have the opportunity to ask questions and provide feedback by typing in the Q&A box.

The webcast agenda is as follows:

1. AMD Reporting Chapter Reminder - AMD Chapter 9 was released on July 29th, 2016 and will come into effect January 1st, 2019. A brief reminder on the AMD Reporting Chapter requirements for Annual Emissions Inventories and Annual Emissions Inventory Reports will be provided.

2. Draft Annual Emissions Inventory Report Standard and Guidance Document (AEIR Standard) - The AEIR Standard is mainly a technical guidance document on how to carry out the required inventory and complete the Annual Emissions Inventory Report Form.  It provides overall guidance and step-by-step instructions on the various tasks necessary to meet the reporting requirements. The content of the draft AEIR Standard will be briefly covered as well.

3. Draft Annual Emissions Inventory Report Form (AEIR Form) - The AEIR Form is the form that industrial facilities (meeting the reporting thresholds) will be required to complete. The form is a Microsoft Excel workbook containing several worksheets with mandatory and optional fields to fill in.  The various worksheets and the requirements of the AEIR Form will be discussed.

4. Public Review - The Draft AEIR Form and Draft AEIR Standard will be posted on the AMD website for 60-day public review following the webcast. Comments are to be submitted by September 22, 2017.

5. Q & A - Approximately 15 minutes at the end of the webcast have been allotted for answering questions submitted during the webcast.

Questions and feedback received during the webcast will be compiled and posted, along with the responses, to the AMD website.

Links to past webcasts can be located at: http://aep.alberta.ca/air/legislation/air-monitoring-directive/default.aspx.

Please note that some past webcast recordings are no longer accessible for streaming.

If you have any questions regarding the Alberta AMD, please contact Mike Denomme.

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.