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LEHDER News

Policy Summary on Cumulative Effects Assessment in Air Approvals

     Posted by LEHDER News on

In November 2017, the MOECC proposed an air approvals policy with the intent to more effectively consider cumulative impacts from multiple air pollution sources. The final policy decision notice was published on the Environmental Registry of Ontario (formerly EBR) on April 26, 2017. The policy will take effect on October 1, 2018.

Impacted Facilities

The policy applies to ECA applications for new or expanding facilities located in Sarnia/Corunna that emit benzene, and those in Hamilton/Burlington that emit benzene or Benzo[a]pyrene (BaP). Key definitions are shown below.

New Facility: no construction of any part of the facility has occurred before the date that the ECA application was received by the Ministry, and no ECA has been issued in respect of any part of the facility before the date that the ECA application was received by the Ministry.

Expanding Facility: the application involves a modification at the facility that will result in an increase in production rate; or a net increase in the POI concentrations for benzene or benzo[a]pyrene compared to the ESDM report that was submitted in respect of the facility’s current approval; or an increase in emissions of benzene or benzo[a]pyrene.

The MOECC has conducted multi-source modelling to identify areas of elevated contaminant concentrations within these cities and has classified specific areas according to the level of cancer risk (Level 1/2/3). Sarnia/Corunna is classified as a Level 1 area, and Hamilton/Burlington has a mix of levels 1, 2 and 3.

Required Actions

Areas with higher cancer risk will be required to undertake more detailed assessments to support ECA applications, and may be required to install specific equipment in accordance with Technology Benchmarking studies. The Action Levels and required actions are detailed in the table below. 

Action Level Cumulative Concentration/ Lifetime Incremental Combined Cancer Risk Management Actions
N/A <1 in a million Does not trigger further action
1 1 to 10 in a million No further action for industry.
Triggers periodic evaluation (by ministry) to determine if the Action Level changes
2 > 10 to 100 in a million ECA Applications for new or expanding facilities may be required to:
1. include a technology benchmarking report with some exceptions
2. include best available pollution control methods
3 > 100 in a million ECA Applications for new or expanding facilities may be required to:
1. include a technology benchmarking report with some exceptions
2. include pollution control methods to achieve the lowest possible emission rates as compared to an  existing pollution source of the same kind globally

Impacted facilities located in Action Level 2 or 3 areas will be required to participate in pre-consultation with Approvals Branch at least 9 months prior to submission of the ECA application. The meeting will provide the MOECC an understanding of dominant sources and assist in determining the scope of the Technology Benchmarking Report (TBR).

Facilities located in Sarnia/Corunna will not be required to complete any additional actions for their ECA applications under this policy since the entire area is classified as a Level 1 at present. However, it should be anticipated that additional scrutiny and detailed review of calculations, modelling and documentation related to benzene is a potential.

Resources

Following are the link to the ERO posting on this policy decision and related policy documentation.

EBR Posting

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTMzODAx&statusId=MjA1MDU4&language=en

ERO Posting

https://ero.ontario.ca/notice/013-1680
Note: You may receive a 404 error message if you have not created an account to the beta ERO system

Policy Document

Cumulative Effects Assessment (CEA) in Air Approvals Cumulative Effects Assessment (CEA) in Air Approvals (118 KB)

For more information on the CEA, please contact Marnie Freer.

Recent EBR Decisions - Cumulative Effects, ACB List and Toxics Reduction Act/O. Reg. 455/09

     Posted by LEHDER News on

The MOECC has posted multiple decisions recently to the Environmental Registry of Ontario (ERO, formerly referred to as the Environmental Registry, or EBR).  A brief overview and links to the appropriate documents/ ERO postings are available below.


Amendments to Ontario Regulation 455/09 and Creation of a New Services Documents Regulation under the Toxics Reduction Act

Decision Posted: April 24, 2018
ERO Number: 012-8583

Decision Summary

We have changed when facilities have to review their toxic reduction plans. This will help to align the first two plan reviews with federal timelines and ensure facilities plan and report on current and relevant toxic substances. We also made a new regulation to provide more options to serve documents making it consistent with other regulations.

The full EOR posting is available at https://ero.ontario.ca/notice/012-8583?mc_cid=3b1a5feaf0&mc_eid=4e23b95e90


Cumulative Effects Assessment in Air Approvals

Decision Posted: April 26, 2018
ERO Number: 013-1680

Decision Summary

We have a new policy to improve how we consider cumulative impacts from multiple air pollution sources. The policy applies to air emissions of benzene and benzo[a]pyrene in the Hamilton/Burlington area and benzene in the Sarnia/Corunna area.

Note: This will guide decisions on ECAs for new or expanding facilities and will apply to all ECA applications submitted after October 1, 2018.

The full ERO posting is available at https://ero.ontario.ca/notice/013-1680; a copy of the policy is also provided below.

Cumulative Effects Assessment (CEA) in Air Approvals Cumulative Effects Assessment (CEA) in Air Approvals (118 KB)


New/Updated Screening Levels for the Air Contaminants Benchmarks (ACB) List

Decision Posted: April 27, 2018
ERO Number: 013-2207

Decision Summary

We have updated the Air Contaminants Benchmarks (ACB) list with new or updated screening levels for over 4,500 air contaminants.

Note: This update to the ACB list also includes the new and updated air standards for sulphur dioxide, announced on March 20, 2018 (ERO# 013-0903)

The full ERO posting is available at https://ero.ontario.ca/notice/013-2207

 

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
Manager
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.

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.

LEHDER to Host AWMA Environmental Activity and Sector Registry (EASR) Breakfast Series

     Posted by LEHDER News on

AWMA Ontario SectionLEHDER is pleased to be hosting the AWMA Breakfast Series teleconference sessions on Tuesday, February 21 and Thursday, March 2

The Sarnia Breakfast will teleconference into the sessions taking place in Toronto and Hamilton, respectively.  

The Updates on the MOECC's Modernization of Approvals Process - Environmental Activity Sector Registration (EASR) session on February 21 will be presented by Deborah Goseng, Senior Engineer with the Modernization of Approvals Branch of the MOECC.

On March 2, the How Will the New EASR impact Licensed Engineering Practitioners’ Liability? session will be presented by Joanna Vince and John Georgakopoulos of Willms & Shier Environmental Lawyers LLP.

TIMES:

Sign-In and Breakfast - 7:30 A.M. (Please email us with any food allergies or restrictions one week prior to your registered session).

Presentation - 8:00 A.M. until 9:00 A.M.

LOCATION:  SESSION COSTS: 
 
LEHDER Environmental Services Limited
Suite 210, 704 Mara Street
Point Edward, Ontario
N7V 1X4
Contact: Shawna Graham
Tel: 519-336-4101 ext 252
$30 AWMA Member
$40 Non-member
$10 AWMA Student Member
$15 Student Non-Member
$5 No prior notification surcharge

REGISTRATION & ADDITIONAL INFORMATION:

For additional information and to register for either session, please visit:

Updates on the MOECC's Modernization of Approvals Process - Environmental Activity Sector Registration (EASR)

http://awma.on.ca/breakfast-meetings/sarnia-breakfast-series


How will the new EASR impact Licensed Engineering Practitioners’ Liability?

http://awma.on.ca/breakfast-meetings/2017/2/2/sarnia-breakfast-series-via-teleconference-from-hamilton-session-march-2-2017


Online registration requires payment via PayPal.   You may also pay cash at the door; funds will be forwarded to AWMA and a receipt will be provided.  To prevent the "$5 no prior notification surcharge" please email us if you are attending so the necessary arrangements can be made.

 

Draft Burden Reduction Act

     Posted by LEHDER News on

On November 11, 2016, Willms & Shier posted two interesting articles in regards to the draft Burden Reduction Act, which is intended to positively affect the regulatory burden and approvals process for specific environmental approvals.  Links to the articles on the Burden Reduction Act and it's impact on the Environmental Activity and Sector Registry are included in the Willms & Shier post below.

Bill 218, the Burden Reduction Act, can be viewed on the Legislative Assembly of Ontario website here.

Toronto

Ottawa

Calgary

info@willmsshier.com  

www.willmsshier.com  

Environment - Aboriginal - Energy Law

The Ontario government has introduced new legislation and a draft regulation intended to reduce the regulatory burden and approvals process for some environmental approvals. 

The Burden Reduction Act 2016, if adopted, would  further streamline the environmental approvals process, permit the province to promulgate additional regulations related to the Environmental Activity and Sector Registry (EASR) and Environmental Compliance Approvals (ECAs) and also alter some of the powers of  allow compliance inspectors to request documents by telephone rather than in person.

Click here to read our article titled: Burden Reduction Act to Streamline Environmental Approvals and Compliance Checks.

Click here to read our article titled: Making Environmental Approvals EAS(ie)R?


Willms & Shier Environmental Lawyers LLP is named “Law Firm of the Year” for Environmental Law in The Best Lawyers in Canada©, 2017 Edition.


New Air Dispersion Model Versions

     Posted by LEHDER News on

LEHDER Air Modeling ServicesThe MOECC has announced they will be adopting new updated versions of several regulatory air dispersion models shortly.  These models have been updated by the USEPA based on the latest available science.  The MOECC announcement to formally adopt new model versions was intended to provide clarity and consistency to the regulated community and stakeholders.  The mandatory use of the new versions of AERMOD, AERMET and ASHRAE models will become effective as of the date the MOECC posts an Information Notice on the EBR.  Based on the MOECC announcement, the posting of the Notice is expected in October 2015 which is  only a few months from now.

The new versions of AERMOD and AERMET will be version 14134 (dated May 14, 2014). The ASHRAE calculation method will be updated to the 2011 ASHRAE Handbook – HVAC Applications.

The transition to the new model versions can be complex depending upon the status of your ECA, pending ECA Application or abatement plans.  Once the new model version comes into effect, any modeling triggered for regulatory purposes must be completed using the new version unless your facility has a Section 7(1) notice.  Now is the time to evaluate how changes to the air dispersion models may affect your facility’s compliance.  

To learn more about how the new model version transition may affect your facility, please contact Penny McInnis at pmcinnis@lehder.com or (519) 336-4101 ext. 245.