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LEHDER News

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.

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.

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.

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.

LEHDER Training Updates & Mark Roehler Obtains Certified Online Training Professional Designation

     Posted by LEHDER News on

Mark Roehler Receives Certified Online Training Professional (COTP) DesignationLEHDER is pleased to announce Principal Mark Roehler has obtained the Certified Online Training Professional designation from the International Council for Certified Online Training Professionals.  Congratulations, Mark!

LEHDER's O. Reg. 347 Subject Waste Webinar Series is currently underway with only 3 sessions left.  To participate in any of the remaining sessions, links to the registration module are provided below.  Please note, if you are interested in registering for the entire series yet have missed a module, recordings of the missed sessions and applicable resource materials will be provided upon registration.  The remaining sessions are provided below:

200-WB-05 Movement Documents for Subject Waste Shipments - February 28, 2017

200-WB-06 Subject Waste Full Webinar Series

The full listing of LEHDER webinars currently available can be found on the LEHDER Webinar page.

LEHDER Spring Classroom Sessions

The Ontario and Alberta spring classroom sessions are approaching - the Ontario sessions occur during March and early April; the Alberta sessions are taking place in Edmonton, AB, between April 18 and 21.  Please note - register early!  Courses can be cancelled two weeks in advance of course date if there is insufficient registration volumes.

To view the upcoming courses available, please select the appropriate location below:

Point Edward, Ontario

Edmonton, Alberta

For more information in regards to LEHDER's training capabilities, please contact Mark Roehler.