O. Reg. 507/09: Air Pollution - Local Air Quality


Published: 2009-12-22

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ontario regulation 507/09

made under the

environmental protection act

Made: December 9, 2009
Filed: December 22, 2009
Published on e-Laws: December 24, 2009
Printed in The Ontario Gazette: January 9, 2010


Amending O. Reg. 419/05

(Air Pollution — Local Air Quality)

1. (1) Subsection 1 (1) of Ontario Regulation 419/05 is amended by adding the following definitions:

“equipment standard” means a technical standard that is identified in the Technical Standards publication as an equipment standard;

“industry standard” means a technical standard that is identified in the Technical Standards publication as an industry standard;

“technical standard” includes, with respect to the Technical Standards publication and a facility, any requirement set out in that publication relating to technology used at the facility, the operation of the facility, the monitoring and reporting of information relating to the facility, and any other related matter;

“Technical Standards publication” means the document entitled “Technical Standards to Manage Air Pollution” dated December 4, 2009, as amended from time to time, that is published by the Minister and that is available through a website maintained by the Ministry on the Internet and through the Ministry’s Public Information Centre;

(2) The formula in subsection 1 (2.1) of the Regulation is revoked and the following substituted:

A = ∑((B × 48) ÷ C)

2. (1) Clause 4 (2) (a) of the Regulation is amended by striking out “deemed to be a single property” at the end and substituting “deemed to be a single property with respect to all contaminants”.

(2) Clause 4 (2) (b) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(3) Clause 4 (2) (c) of the Regulation is amended by striking out “subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 32 (16)” and substituting “subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 33 (6)”.

3. Section 5 of the Regulation is revoked and the following substituted:

Exemptions

5. This Regulation does not apply to,

(a) discharges of contaminants from motor vehicles; or

(b) discharges of heat, sound or vibration.

Application of notices

5.1 A notice given by the Director under this Regulation may provide that it applies to one or more contaminants.

4. (1) Paragraph 3 of subsection 6 (1) of the Regulation is revoked.

(2) Paragraph 5 of subsection 6 (1) of the Regulation is amended by striking out “section 18 or 19” and substituting “section 19”.

(3) Subsection 6 (2) of the Regulation is amended by striking out “paragraphs 1, 3, 4 and 5 of subsection (1)” and substituting “paragraphs 1, 4 and 5 of subsection (1)”.

5. (1) Subsection 7 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Specified dispersion models

(1) The Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant from a property stating that the Director is of the opinion that, with respect to discharges of the contaminant from that property,

. . . . .

(2) Subsection 7 (4) of the Regulation is revoked.

(3) Subsection 7 (6) of the Regulation is amended by striking out “subsection 22 (1.1) or (1.2), 23 (3), 24 (2), 30 (5) or 32 (16)” and substituting “subsection 22 (1.1) or (1.2), 23 (3), 24 (2), 30 (5) or 33 (6)”.

(4) Subsection 7 (9) of the Regulation is amended by striking out “subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 32 (16)” and substituting “subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 33 (6)”.

(5) Subsections 7 (10), (11) and (12) of the Regulation are revoked and the following substituted:

(10) If a notice given under subsection (1) is amended by a notice given under section 52, the notice under section 52 takes effect, and subsection (3) begins to apply to the amended notice,

(a) three months after the notice is given under section 52, unless clause (b) or (c) applies;

(b) one year after the notice is given under section 52, if the amendment adds a statement described in clause (1) (c) to the notice given under subsection (1), unless clause (c) applies; or

(c) on the day the notice is given under section 52, if the application of subsection (3) to the amended notice would have the effect of permitting a discharge that would otherwise be prohibited.

(11) If a notice given under subsection (1) is revoked by a notice given under section 52, the notice under section 52 takes effect, and subsection (3) ceases to apply to discharges of the contaminant,

(a) three months after the notice is given under section 52, unless clause (b) applies; or

(b) on the day the notice is given under section 52, if the revocation of the notice given under subsection (1) would have the effect of permitting a discharge that would otherwise be prohibited.

6. (1) Subsection 8 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of a contaminant requiring the person to consider a source of contaminant specified in the notice in accordance with the notice when the person uses an approved dispersion model for the purposes of this Part, if,

(a) the Director has reasonable grounds to believe that, if the source of contaminant is considered, the person may contravene section 18, 19 or 20; or

(b) sections 18, 19 and 20 do not apply to discharges of the contaminant and the Director has reasonable grounds to believe that, if the source of contaminant is considered, a discharge of the contaminant may cause an adverse effect.

(2) Subsection 8 (2) of the Regulation, as remade by subsection (1), is amended by,

(a) striking out “section 18, 19 or 20” in clause (a) and substituting “section 19 or 20”; and

(b) striking out “sections 18, 19 and 20” at the beginning of clause (b) and substituting “sections 19 and 20”.

7. Paragraph 3 of subsection 9 (1) of the Regulation is amended by striking out “section 18 or 19” and substituting “section 19”.

8. (1) Subsection 10 (1) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before paragraph 1 and substituting “section 19 or 20”.

(2) Subsection 10 (2) of the Regulation is amended by,

(a) striking out “section 18, 19 or 20” in clause (a) and substituting “section 19 or 20”; and

(b) striking out “sections 18, 19 and 20” at the beginning of clause (b) and substituting “sections 19 and 20”.

9. (1) Subsection 11 (1) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before paragraph 1 and substituting “section 19 or 20”.

(2) Subsection 11 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of a contaminant requiring that an approved dispersion model that is used for the purposes of this Part be used with an emission rate for each source of contaminant that is derived in accordance with paragraph 2 or 3 of subsection (1) and in accordance with the notice, if,

(a) the Director has reasonable grounds to believe that the person may contravene section 18, 19 or 20; or

(b) sections 18, 19 and 20 do not apply to discharges of the contaminant and the Director has reasonable grounds to believe that the person has discharged or caused or permitted a discharge of the contaminant into the air and that the discharge may cause an adverse effect.

(3) Subsection 11 (2) of the Regulation, as remade by subsection (2), is amended by,

(a) striking out “section 18, 19 or 20” in clause (a) and substituting “section 19 or 20”; and

(b) striking out “sections 18, 19 and 20” at the beginning of clause (b) and substituting “sections 19 and 20”.

10. (1) Clause 12 (2) (a) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(2) Clause 12 (2) (b) of the Regulation is amended by striking out “sections 18, 19 and 20” at the beginning and substituting “sections 19 and 20”.

11. Paragraph 2.1 of subsection 13 (1) of the Regulation is revoked.

12. The Regulation is amended by adding the following section:

Determining the value of dispersion model parameters

13.1 (1) The Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant from a property stating that the Director is of the opinion that, with respect to those discharges of the contaminant, one of the following is required to accurately determine the value of a parameter specified in the notice that is related to a source of contaminant:

1. A method of calculation specified in the notice.

2. A sampling or measuring technique specified in the notice.

3. A combination specified in the notice of one or more methods of calculation and one or more sampling and measuring techniques.

(2) Before the Director gives a person a notice under subsection (1), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(3) If the Director is of the opinion that, with respect to discharges of a contaminant from a property, a particular value accurately reflects the value of a parameter that is related to a source of contaminant, the Director may, on the written request of the person who discharges or causes or permits the discharge of the contaminant from the property, give written notice to the person specifying the value and stating the Director’s opinion.

(4) Without limiting the generality of subsections (1) and (3), the parameter specified in a notice may include the following:

1. The dimensions of the part of the source of contaminant from which discharges are released into the natural environment.

2. The volumetric flow rate for discharges from the source of contaminant.

3. The temperature of discharges from the source of contaminant.

4. The height above ground level that discharges are released into the air from the source of contaminant.

(5) If a person to whom a notice is given under this section uses an approved dispersion model for the purposes of this Part, the model shall be used with,

(a) a value for the parameter that is determined in accordance with the method, technique or combination specified in the notice, in the case of a notice under subsection (1); or

(b) the value for the parameter specified in the notice, in the case of a notice under subsection (3).

13. (1) Subsection 14 (5) of the Regulation is amended by striking out “section 18, 19 or 20” at the end and substituting “section 19 or 20”.

(2) Subsection 14 (6) of the Regulation is amended by striking out “the concentration of the relevant contaminant” and substituting “the concentration of the contaminant”.

14. Section 18 of the Regulation is revoked.

15. (1) Section 19 of the Regulation is amended by adding the following subsection:

(2.0.1) Subsection (2) does not apply if, according to an approved dispersion model, the discharge would not result in the concentration of the contaminant at the point of impingement exceeding the half hour standard set out for the contaminant in Schedule 2.

(2) Clause 19 (3) (c) of the Regulation is amended by striking out “subsection 32 (28)” and substituting “subsection 35 (9)”.

16. (1) Clause 20 (3) (c) of the Regulation is amended by striking out “subsection 32 (28)” and substituting “subsection 35 (9)”.

(2) Subsection 20 (4) of the Regulation is amended by striking out “notice requiring” and substituting “written notice requiring”.

(3) Subsection 20 (5) of the Regulation is amended by striking out “discharges of contaminants” in the portion before clause (a) and substituting “discharges of a contaminant”.

(4) Clause 20 (5) (a) of the Regulation is amended by striking out “subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 32 (16)” and substituting “subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 33 (6)”.

(5) Subsection 20 (6) of the Regulation is revoked.

17. Section 20.2 of the Regulation is amended by striking out “Sections 18, 19 and 20” at the beginning and substituting “Sections 19 and 20”.

18. Section 20.3 of the Regulation is amended by striking out “Schedule 1 or 2” in the portion before clause (a) and substituting “Schedule 2”.

19. Subsection 20.4 (1) of the Regulation is amended by striking out “Sections 18, 19 and 20” at the beginning and substituting “Sections 19 and 20”.

20. Section 21 of the Regulation is amended by striking out “Sections 18, 19 and 20” at the beginning and substituting “Sections 19 and 20”.

21. (1) Section 22 of the Regulation is amended by adding the following subsection:

(2.1) If, for the purpose of preparing a report required by this section, a person is required under subsection 10 (2) or 12 (1) to use an approved dispersion model in accordance with the scenario described in paragraph 2 of subsection 10 (1), the person shall also use the model in accordance with the scenario described in paragraph 1 of subsection 10 (1).

(2) Section 22 of the Regulation is amended by adding the following subsections:

(4) If a person is required by subsection (1) to submit a report to the Director as part of an application for a certificate of approval or amendment to a certificate of approval, section 19 applies to the preparation of the report, the report relates to a contaminant listed in Schedule 7 for which a standard is set out in an amendment to Schedule 2 that has not yet come into force, and the person submits the application to the Director less than 12 months before the amendment to Schedule 2 comes into force, the standard set out in the amendment shall be deemed to apply for the purpose of preparing the report.

(5) If a person is required by subsection (1) to submit a report to the Director as part of an application for a certificate of approval or amendment to a certificate of approval, section 20 applies to the preparation of the report, the report relates to a contaminant listed in Schedule 7 for which a standard is set out in an amendment to Schedule 3 that has not yet come into force, and the person submits the application to the Director less than 12 months before the amendment to Schedule 3 comes into force, the standard set out in the amendment shall be deemed to apply for the purpose of preparing the report.

22. (1) Section 23 of the Regulation is amended by adding the following subsection:

(2.1) Subsection (2) does not apply to discharges of a contaminant from fuel burning equipment that is used for the sole purpose of providing heating to a building, if,

(a) the equipment uses no fuel other than propane or natural gas; and

(b) the equipment is the only source of contaminant at the facility that discharges the contaminant into the air.

(2) Section 23 of the Regulation is amended by adding the following subsection:

(4) If, for the purpose of preparing a report required by this section, a person is required under subsection 10 (2) or 12 (1) to use an approved dispersion model in accordance with the scenario described in paragraph 2 of subsection 10 (1), the person shall also use the model in accordance with the scenario described in paragraph 1 of subsection 10 (1).

23. (1) Clause 24 (1) (a) of the Regulation is amended by striking out “sections 18, 19 or 20” at the end and substituting “section 19 or 20”.

(2) Subsection 24 (2) of the Regulation is amended by striking out “section 18 or 19” in the portion before clause (a) and substituting “section 19”.

(3) Clause 24 (2) (a) of the Regulation is amended by striking out “section 18 or 19” and substituting “section 19”.

(4) Clause 24 (2) (b) of the Regulation is amended by striking out “section 18 or 19” and substituting “section 19”.

(5) Paragraph 1 of subsection 24 (2.1) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(6) Paragraph 3 of subsection 24 (2.1) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before subparagraph i and substituting “section 19 or 20”.

(7) Paragraph 3 of subsection 24 (2.2) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before subparagraph i and substituting “section 19 or 20”.

(8) Subsection 24 (2.3) of the Regulation is amended by adding “or” at the end of clause (a) and by revoking clause (b).

(9) Section 24 of the Regulation is amended by adding the following subsection:

(4) If, for the purpose of preparing a report required by this section, a person is required under subsection 10 (2) or 12 (1) to use an approved dispersion model in accordance with the scenario described in paragraph 2 of subsection 10 (1), the person shall also use the model in accordance with the scenario described in paragraph 1 of subsection 10 (1).

24. (1) Subsection 25 (5) of the Regulation is amended by striking out “paragraph 1 of subsection 32 (13)” and substituting “paragraph 1 of subsection 33 (1)”.

(2) Subsection 25 (6) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(3) Section 25 of the Regulation is amended by adding the following subsections:

(7.1) Subsections (1) to (7) do not apply to discharges of a contaminant from fuel burning equipment that is used for the sole purpose of providing heating to a building, if,

(a) the equipment uses no fuel other than propane or natural gas; and

(b) the equipment is the only source of contaminant at the facility that discharges the contaminant into the air.

(7.2) If a person is required to update a report under this section and the report being updated was required by a notice given under subsection 24 (2.1) or (2.2) to include additional information, the person shall update that information so that it is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8) and shall include the updated information in the updated report.

(7.3) If a person is required to update a report under this section and the report being updated was prepared under paragraph 1 of subsection 33 (1), the person shall update the additional information described in paragraph 2 of subsection 33 (1) or required by a notice given under subsection 33 (2), as the case may be, so that it is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8) and shall include the updated information in the updated report.

(7.4) If a person is required to update a report under this section and the report being updated is required by subsection (7.2), (7.3) or this subsection to include additional information, the person shall update that information so that it is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8) and shall include the updated information in the updated report.

(7.5) Subsection (7.4) does not apply to additional information if the information was originally required by a notice given under subsection 24 (2.1) or (2.2) or 33 (2) and the notice is revoked.

(4) Clause 25 (9) (a) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(5) Clause 25 (9) (b) of the Regulation is amended by striking out “sections 18, 19 and 20” at the beginning and substituting “sections 19 and 20”.

(6) Paragraph 1 of subsection 25 (10) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(7) Paragraph 3 of subsection 25 (10) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before subparagraph i and substituting “section 19 or 20”.

(8) Paragraph 3 of subsection 25 (10.1) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before subparagraph i and substituting “section 19 or 20”.

(9) Subsection 25 (10.2) of the Regulation is amended by adding “or” at the end of clause (a) and revoking clause (b).

(10) Subsection 25 (11) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before paragraph 1 and substituting “section 19 or 20”.

(11) Paragraph 3 of subsection 25 (11) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

25. (1) Paragraph 2 of subsection 26 (1) of the Regulation is amended by striking out “Subject to subsections (2) and (3)” at the beginning and substituting “Subject to subsection (2)”.

(2) Subparagraph 3 iii of subsection 26 (1) of the Regulation is revoked and the following substituted:

iii. if the source of contaminant was not considered when using an approved dispersion model in respect of the contaminant for the purpose of this section and,

A. the non-consideration was authorized by section 8, an explanation of how it was determined that the source of contaminant discharges a negligible amount of the contaminant,

B. the non-consideration was authorized by subsection 42 (4), a statement identifying the industry standard in respect of which the person is registered on the Ministry’s Technical Standards Registry – Air Pollution that makes subsection 42 (4) applicable, or

C. the non-consideration was authorized by subsection 43 (3), a statement identifying the equipment standard in respect of which the person is registered on the Ministry’s Technical Standards Registry – Air Pollution that makes subsection 43 (3) applicable.

(3) Paragraph 4 of subsection 26 (1) of the Regulation is amended by striking out “Subject to subsections (2) and (3)” at the beginning and substituting “Subject to subsection (2)”.

(4) Sub-subparagraph 14 iv A of subsection 26 (1) of the Regulation is revoked.

(5) Subparagraph 14 vi of subsection 26 (1) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(6) Subparagraph 14 vii of subsection 26 (1) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(7) Subparagraph 14 viii of subsection 26 (1) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(8) Section 26 of the Regulation is amended by adding the following subsection:

(1.1) If a person is required to use an approved dispersion model in accordance with both of the scenarios described in subsection 10 (1), paragraph 6 of subsection (1) shall be deemed to require a separate description, for each scenario, of the operating conditions that were used.

26. (1) Subsection 27 (1) of the Regulation is revoked and the following substituted:

Retention of ESDM report, etc.

(1) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall keep a copy of the report at the place to which the report relates for at least five years.

(2) Subsection 27 (3) of the Regulation is revoked and the following

(3) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall ensure that a copy of the most up-to-date executive summary referred to in paragraph 15 of subsection 26 (1),

(a) is made available for examination by any person, without charge, by posting it on the Internet or by making it available during regular business hours at the place to which the report relates; and

(b) is given, without charge, to any person within 15 days after the person requests it.

27. (1) Clause 27.1 (1) (a) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(2) Clause 27.1 (1) (b) of the Regulation is amended by striking out “sections 18, 19 and 20” at the beginning and substituting “sections 19 and 20”.

(3) Subparagraph 5 ii of subsection 27.1 (3) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(4) Subparagraph 4 ii of subsection 27.1 (5) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

28. (1) Subclause 28 (1) (a) (i) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(2) Subclause 28 (1) (a) (ii) of the Regulation is amended by striking out “sections 18, 19 and 20” at the beginning and substituting “sections 19 and 20”.

(3) Clause 28 (1) (b) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(4) Clause 28 (1) (c) of the Regulation is amended by striking out “sections 18, 19 and 20” at the beginning and substituting “sections 19 and 20”.

(5) Subsection 28 (2) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before paragraph 1 and substituting “section 19 or 20”.

(6) Paragraph 3 of subsection 28 (2) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before subparagraph i and substituting “section 19 or 20”.

(7) Paragraph 3 of subsection 28 (2.1) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before subparagraph i and substituting “section 19 or 20”.

(8) Subsection 28 (2.2) of the Regulation is amended by adding “or” at the end of clause (a) and by revoking clause (b).

(9) Subsection 28 (3) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before paragraph 1 and substituting “section 19 or 20”.

(10) Paragraph 3 of subsection 28 (3) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

29. Subsection 29 (1) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

30. (1) Clause 30 (1) (a) of the Regulation is amended by striking out “section 18 or 19” and substituting “section 19”.

(2) Subsection 30 (5.1) of the Regulation is amended by adding “or” at the end of clause (a) and by revoking clause (b).

(3) Subsection 30 (5.2) of the Regulation is revoked and the following substituted:

(5.2) Despite subsections 10 (1) and (2), a person who prepares a report required by subsection (4) shall use an approved dispersion model in accordance with both of the scenarios described in subsection 10 (1).

(4) Subsection 30 (8) of the Regulation is amended by striking out “subsection 32 (22)” at the end of the portion before paragraph 1 and substituting “subsection 35 (2)”.

(5) Subsection 30 (11) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before clause (a) and substituting “section 19 or 20”.

(6) Clause 30 (11) (c) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(7) Subsection 30 (12) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

31. (1) Subsection 31 (1) of the Regulation is amended by striking out “section 18, 19 or 20” in the portion before clause (a) and substituting “section 19 or 20”.

(2) Subsection 31 (2) of the Regulation is amended by striking out “Section 18, 19 or 20” at the beginning of the portion before clause (a) and substituting “Section 19 or 20”.

(3) Clause 31 (2) (b) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

(4) Clause 31 (2) (c) of the Regulation is amended by striking out “section 18, 19 or 20” and substituting “section 19 or 20”.

32. (1) Sections 32 to 41 of the Regulation are revoked and the following substituted:

Site-Specific Contaminant Concentration Standards

Request for site-specific concentration standard

32. (1) A person may make a request for approval of an alteration to a standard set out for a contaminant in Schedule 3 if any of the following circumstances apply:

1. The person discharges or causes or permits the discharge of the contaminant from a facility to which, pursuant to subclause 20 (3) (a) (i), section 20 will first apply in respect of the contaminant on February 1, 2010 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

2. The person discharges or causes or permits the discharge of the contaminant from a facility to which, pursuant to subclause 20 (3) (b) (i), section 20 will first apply in respect of the contaminant on February 1, 2013 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

3. The person discharges or causes or permits the discharge of the contaminant from a facility to which, pursuant to subclause 20 (3) (e), section 20 will first apply in respect of the contaminant on February 1, 2020 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

4. The person discharges or causes or permits the discharge of the contaminant from a facility, construction of the facility began after November 30, 2005, no application was made on or before that day for a certificate of approval in respect of the facility, the contaminant is listed in Schedule 7 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

5. The person discharges or causes or permits the discharge of the contaminant from a facility, the contaminant is listed in Schedule 7, discharges of the contaminant from the facility would result, according to an approved dispersion model, in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request, and,

i. construction of the facility was completed or began on or before November 30, 2005, or

ii. an application was made on or before November 30, 2005 for a certificate of approval in respect of the facility.

6. Because of notice given by the Director before February 1, 2020 under subsection 7 (1), there is only one approved dispersion model that may be used by the person with respect to a contaminant, the standard set out in Schedule 3 that is the subject of the request applies to that contaminant, the person discharges or causes or permits the discharge of the contaminant from a facility and, according to that approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard that is the subject of the request.

7. Because of notice given by the Director on or after February 1, 2020 under subsection 7 (1), there is only one approved dispersion model that may be used by the person with respect to a contaminant, the standard set out in Schedule 3 that is the subject of the request applies to that contaminant, that approved dispersion model is not referred to in paragraphs 1 to 5 of subsection 6 (1), the person discharges or causes or permits the discharge of the contaminant from a facility and, according to that approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard that is the subject of the request.

8. The person discharges or causes or permits the discharge of the contaminant from a facility to which section 20 applies in respect of the contaminant pursuant to subclause 20 (3) (d) and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

9. The person is required to make a request under this subsection as part of a plan developed or amended pursuant to an order under section 7 or 17 of the Act or paragraph 7 or 8 of subsection 18 (1) of the Act.

(2) Subsection (1) applies, with necessary modifications, to a standard set out in an amendment to Schedule 3 that has not yet come into force.

(3) Section 20 shall be deemed to apply for the purpose of determining what the references to an approved dispersion model mean in subsection (1).

(4) An application for a certificate of approval or amendment to a certificate of approval may be made in conjunction with a request under subsection (1).

(5) A person who makes a request under subsection (1) that relies on paragraph 1 of subsection (1) may not make the request before February 1, 2007 or after October 31, 2008.

(6) A person who makes a request under subsection (1) that relies on paragraph 2 of subsection (1) may not make the request before February 1, 2010 or after October 31, 2011.

(7) A person who makes a request under subsection (1) that relies on paragraph 3 of subsection (1) may not make the request before February 1, 2013 or after October 31, 2017.

(8) A person who makes a request under subsection (1) that relies on paragraph 4 of subsection (1) may not make the request if, after November 30, 2005 and before the day the request is made, an application in respect of the facility was made for a certificate of approval, unless the application for the certificate of approval has not yet been determined.

(9) Despite subsection (8), if a person makes a request under subsection (1) that relies on paragraph 4 or 5 of subsection (1) in respect of a standard set out in an amendment to Schedule 3 that has not yet come into force, the person may not make the request after the later of the following dates:

1. The date that is 12 months after the regulation that amends Schedule 3 is filed.

2. The date that is 15 months before the amendment to Schedule 3 comes into force.

(10) A person who makes a request under subsection (1) that relies on paragraph 6 or 7 of subsection (1) may not make the request after the third anniversary of the day the Director gave the notice under subsection 7 (1).

(11) A person who makes a request under subsection (1) that relies on paragraph 8 of subsection (1) may not make the request after the third anniversary of the day the Director gave the notice or made the order under subsection 20 (4) or (5).

Information to be included with request

33. (1) A person who makes a request under section 32 shall include the following in the request:

1. A report prepared in accordance with section 26.

2. If, according to the approved dispersion model that was used for the purpose of preparing the report referred to in paragraph 1, discharges of the contaminant may result in a contravention of section 20 because of the concentration of the contaminant at a point of impingement,

i. a written statement or map identifying the location of the point of impingement,

ii. a written statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement, and

iii. a written statement specifying the number of averaging periods for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 20 because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of averaging periods in,

A. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or

B. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1).

3. A list of all the methods that are used by other persons, or are available for use, to reduce concentrations of the contaminant at any point, including methods such as the use of pollution control technology or changes to equipment, processes or materials.

4. An analysis of the methods identified under paragraph 3, and combinations of those methods, to determine which are technically feasible with respect to the sources of contaminant to which the request relates.

5. A list of the methods and combinations of methods that are determined under paragraph 4 to be technically feasible.

6. A ranking of the methods and combinations of methods identified under paragraph 5, based on the maximum concentration of the contaminant that, according to an approved dispersion model, would result at a point of impingement if each method or combination of methods were used with respect to the sources of contaminant to which the request relates.

7. Unless a plan is included under paragraph 4 of subsection (4), a plan on how to implement,

i. the method or combination of methods that is ranked under paragraph 6 as the method or combination of methods that predicts the lowest maximum concentration of the contaminant at a point of impingement, or

ii. a method or combination of methods that, according to an approved dispersion model, would not result in a contravention of section 20.

8. A description of the steps taken under section 34 by the person making the request under section 32, including a summary of the questions asked and comments made by persons who attended the public meeting and the responses of the person making the request.

(2) Paragraph 2 of subsection (1) does not apply if the Director gives the person a written notice requiring that the request include the following in accordance with the notice:

1. A written statement or map identifying the location of points of impingement specified in the notice.

2. A written statement specifying the concentration of the contaminant that the approved dispersion model predicts at points of impingement specified in the notice.

3. A written statement specifying the number of averaging periods for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 20 or cause an adverse effect because of the concentration of the contaminant at points of impingement specified in the notice, expressed as a percentage of the number of averaging periods in,

i. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or

ii. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1).

(3) A person who makes a request under section 32 shall prepare the report required by paragraph 1 of subsection (1), and provide the information required by paragraph 2 of that subsection or by subsection (2), using,

(a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1);

(b) the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1); or

(c) a dispersion model or combination of dispersion models that,

(i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and

(ii) is capable of providing the information referred to in paragraph 2 of subsection (1) or in subsection (2), as the case may be.

(4) A person who makes a request under section 32 may include the following in a part of the request that is separate from the part of the request that contains the material required by subsection (1):

1. An analysis of the economic feasibility of the methods and combinations of methods that are determined under paragraph 4 of subsection (1) to be technically feasible.

2. A list of the methods and combinations of methods that are determined under paragraph 1 to be economically feasible.

3. A ranking of the methods and combinations of methods identified under paragraph 2, based on the maximum concentration of the contaminant that, according to an approved dispersion model, would result at a point of impingement if each method or combination of methods were used with respect to the sources of contaminant to which the request relates.

4. A plan on how to implement,

i. the method or combination of methods that is ranked under paragraph 3 as the method or combination of methods that predicts the lowest maximum concentration of the contaminant at a point of impingement, or

ii. a method or combination of methods that, according to an approved dispersion model, would not result in a contravention of section 20.

(5) Subsection (4) does not apply to a person who makes a request under section 32 that relies on paragraph 4 of subsection 32 (1).

(6) If a person makes a request under section 32 and section 20 does not apply to the person in respect of the contaminant that is the subject of the request, section 20 shall be deemed to apply to the person in respect of the contaminant for the purpose of preparing the report required by paragraph 1 of subsection (1).

(7) Despite subsections 10 (1) and (2), a person who prepares a report required by paragraph 1 of subsection (1) shall, for the contaminant that is the subject of the request, use an approved dispersion model in accordance with both of the scenarios described in subsection 10 (1).

(8) Paragraphs 1 and 2 of subsection 11 (1) do not apply to a person who prepares a report required by paragraph 1 of subsection (1).

(9) Despite subsection (8), a person who prepares a report required by paragraph 1 of subsection (1) may use an approved dispersion model with an emission rate determined in accordance with paragraph 2 of subsection 11 (1), if the Director is of the opinion that the report will accurately determine the concentrations of contaminants.

(10) Paragraphs 1, 1.1, 2 and 2.1 of subsection 13 (1) do not apply to a person who prepares a report required by paragraph 1 of subsection (1).

Public meeting

34. (1) Before making a request under section 32, a person shall hold a public meeting on the proposed request.

(2) The person making a request under section 32 shall, at least 15 days before the public meeting required by subsection (1),

(a) publish a notice in a newspaper having general circulation in the area where the source of contaminant is located, setting out the name, address and telephone number of the person and informing the public of the person’s intention to make the proposed request, the purpose of the request and the date, time and place of the meeting; and

(b) ensure that a copy of the notice referred to in clause (a) is given to,

(i) the owners and occupants of,

(A) every property that adjoins or is within 500 metres of the property on which the source of contaminant is located, and

(B) every property where, according to an approved dispersion model, there is a point of impingement where, as a result of discharges of the contaminant that is the subject of the request, the concentration of the contaminant may exceed the standard that is the subject of the request,

(ii) the medical officer of health for the health unit in which the source of contaminant is located and the medical officer of health for each health unit in which a property described in subclause (i) is located,

(iii) the Ministry, and

(iv) each municipality in which the source of contaminant is located and every other municipality that is within 500 metres of the property on which the source of contaminant is located.

(3) The person making a request under section 32 shall, at the public meeting required by subsection (1),

(a) make available, to everyone in attendance,

(i) a written copy of the executive summary of the report required by paragraph 1 of subsection 33 (1), and

(ii) a written explanation, written in language that can be understood by persons without specialized scientific training, of the proposed request, including the materials that are to be included under subsections 33 (1), (2) and (4);

(b) offer to provide a complete written copy of a draft of the proposed request, including the materials that are to be included under subsections 33 (1), (2) and (4), to every person in attendance who asks for a copy;

(c) provide the copies requested under clause (b), or make arrangements to provide those copies as soon as practicable after the meeting;

(d) explain the proposed request;

(e) explain how the Environmental Bill of Rights, 1993 will apply to the proposed request; and

(f) provide a reasonable opportunity for those in attendance to ask questions of the person making the request under section 32 and to comment on the proposed request.

(4) The person making a request under section 32 shall provide written material referred to in clause (3) (a) or (b) as soon as practicable to any person who makes a request for the material within 30 days after the public meeting required by subsection (1).

Approval of site-specific altered standard

35. (1) The Director may approve a request under section 32 to alter a standard set out in Schedule 3 if,

(a) the person making the request has complied with sections 32 to 34; and

(b) the Director is of the opinion that,

(i) the person making the request cannot comply with section 20 with respect to the standard set out in Schedule 3 for the contaminant because,

(A) it is not technically feasible for the person to comply, in the case of a person who is relying on any paragraph of subsection 32 (1), or

(B) it is not economically feasible for the person to comply, in the case of a person who is relying on a paragraph of subsection 32 (1) other than paragraph 4,

(ii) the alteration of the standard is the minimum alteration necessary to enable the person to comply with section 20 with respect to the contaminant, and

(iii) there is no public interest reason sufficient to require the denial of the request.

(2) Despite subsection (1), the Director shall not approve a request under section 32 to alter a standard set out in Schedule 3 for a contaminant if the contaminant is listed in Schedule 6 and the Director is of the opinion that the alteration is likely to permit discharges of the contaminant that too frequently result in the concentration of the contaminant at a point of impingement located on a place referred to in subsection 30 (8) exceeding the other time period upper risk threshold set out for the contaminant in Schedule 6.

(3) The Director shall not approve or refuse to approve a request under section 32 unless the Director first gives the person making the request a draft of the approval or refusal and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(4) If the Director approves the alteration of a standard under subsection (1), the standard shall be deemed to be altered as set out in the approval.

(5) Subsection (4) applies only to discharges of the contaminant from the facility to which the request related.

(6) The Director may impose conditions in an approval under subsection (1).

(7) If conditions are imposed under subsection (6),

(a) subsection (4) applies only if the conditions are complied with; and

(b) the person who made the request under section 32 shall notify the Director when the conditions have been complied with.

(8) Subsection (7) applies, with necessary modifications, to conditions that are imposed in a certificate of approval to ensure compliance with section 20 with respect to a contaminant for which a standard has been altered under this section.

(9) Subsection (4) applies only to a period specified by the Director in the approval that ends not later than,

(a) five years after the period begins; or

(b) 10 years after the period begins, if the Director is satisfied that there are extenuating circumstances.

(10) Subsection (9) does not prevent the making of further requests under section 32 in respect of the contaminant but, in considering a further request, the Director may consider the number of previous requests that have been made for the source of contaminant that is the subject of the request.

(11) If the alteration of the standard set out in Schedule 3 for a contaminant is approved under this section and a further request is made under section 32 in respect of the contaminant, subsections 32 (5) to (11) do not apply.

(12) The Director shall consider the following matters when he or she decides whether to impose conditions under subsection (6), what those conditions should be, and what period to specify under subsection (9):

1. The nature of the contaminant.

2. The frequency with which the inability to comply with section 20 referred to in subclause (1) (b) (i) would occur.

3. Whether there are any acute effects associated with the contaminant.

(13) If the Director approves the alteration of a standard under subsection (1), the person who requested the alteration shall,

(a) give a copy of the approval to any person who requests it; and

(b) make the written material referred to in clause 34 (3) (a) and (b) available for inspection by any person at the facility during regular business hours during the period that the alteration of the standard applies.

(14) If the Director approves the alteration of a standard under subsection (1), he or she may make an order requiring a person to whom the alteration applies to take steps specified by the order, not later than the dates specified in the order, that are related to complying with section 20, having regard to the altered standard.

(15) An order made under subsection (14) does not apply if the person against whom the order was made complies with section 20, having regard to the standard set out in Schedule 3 that was altered by the approval under subsection (1).

(16) If the Director makes an order under subsection (14), the person against whom the order was made shall give a copy of the order to any person who requests it.

Amendment of approval

36. (1) The Director may give a person to whom the alteration of a standard applies a notice amending the approval of the alteration,

(a) to alter the conditions imposed under subsection 35 (6);

(b) to alter the period referred to in subsection 35 (9) so that it ends on an earlier date, if the Director is of the opinion that the person should be capable of complying with a more stringent standard by the earlier date; or

(c) to replace the altered standard with a more stringent standard, if the Director is of the opinion that,

(i) the person is capable of complying with the more stringent standard, or

(ii) discharges of the contaminant that are permitted by the altered standard may cause an adverse effect.

(2) The Director shall not amend the approval of the alteration of a standard under subsection (1) unless the Director first gives the person to whom the alteration applies a draft of the amendment and an opportunity to make written submissions to the Director during the period that ends 90 days after the draft is given.

Revocation of approval

37. (1) The Director may give a person to whom the alteration of a standard applies a written notice revoking the approval of the alteration if the Director is of the opinion that,

(a) discharges of a contaminant that are permitted as a result of the altered standard may cause an adverse effect;

(b) conditions referred to in subsection 35 (6) or (8) are not being met;

(c) the person is unable to comply with section 20, even though the standard was altered; or

(d) the person would be able to comply with section 20 without the alteration of the standard.

(2) Before the Director gives a person a notice under subsection (1), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

Technical Standards for Classes of Facilities

Technical Standards publication

38. (1) The Minister shall ensure that, with respect to the Technical Standards publication, all of the following criteria are met:

1. Every technical standard set out in the Technical Standards publication is specifically identified in the publication as an industry standard or an equipment standard.

2. For each industry standard that is set out in the Technical Standards publication,

i. the Technical Standards publication specifies which classes of facilities the industry standard applies to, and those classes are identified with reference to NAICS codes,

ii. the Technical Standards publication specifies which contaminants the industry standard applies to,

iii. the Technical Standards publication sets out the steps that shall be taken to comply with the industry standard, and

iv. the Technical Standards publication sets out the time periods, if any, within which the steps specified under subparagraph iii shall be taken.

3. The Technical Standards publication indicates that, with respect to each class specified under subparagraph 2 i to which an industry standard applies, and with respect to at least one contaminant to which that standard applies, the Minister is of the opinion that,

i. with respect to at least two facilities in the class that are located in Ontario,

A. it is not technically feasible to comply with section 19 or 20, whichever is applicable, or

B. it is not economically feasible to comply with section 19 or 20, whichever is applicable,

ii. compliance, in accordance with subsection 42 (5), with the industry standard that applies to the class and the contaminant,

A. is technically and economically feasible with respect to at least one facility in the class that is located in Ontario, and

 

B. will permit efforts that would otherwise be made to comply with section 19 or 20 to be put to better use to protect the natural environment, having regard to subparagraph i,

iii. including the industry standard that applies to the class and the contaminant in the Technical Standards publication is more efficient than having the Director consider separate requests under section 32 for approval of alterations to the standard for the contaminant that would otherwise apply to facilities in the class.

4. For each equipment standard that is set out in the Technical Standards publication,

i. the Technical Standards publication specifies which classes of facilities the equipment standard applies to, and those classes are identified with reference to NAICS codes,

ii. the Technical Standards publication specifies which contaminants the equipment standard applies to,

iii. the Technical Standards publication specifies which sources of contaminant the equipment standard applies to,

iv. the Technical Standards publication sets out the steps that shall be taken to comply with the equipment standard, and

v. the Technical Standards publication sets out the time periods, if any, within which the steps specified under subparagraph iv shall be taken.

5. The Technical Standards publication indicates that, with respect to each class specified under subparagraph 4 i to which a equipment standard applies and with respect to at least one contaminant and source of contaminant to which that standard applies, the Minister is of the opinion that,

i. at least two facilities in the class that are located in Ontario have the source of contaminant, and

ii. compliance, in accordance with subsection 43 (4), with the equipment standard that applies to the class, the contaminant and the source of contaminant is technically and economically feasible with respect to at least one facility in the class that is located in Ontario.

(2) Before a technical standard is set out in the Technical Standards publication, the Minister shall consider whether provisions dealing with the following matters should be included in the technical standard:

1. Notification of and consultation with affected persons before making an application for registration in respect of the technical standard.

2. The making and retention of records.

3. Circumstances in which notice is required to be given to the Ministry.

4. Progress reports relating to implementation of the technical standard.

(3) Before an industry standard that applies to a class of facilities is set out in the Technical Standards publication, the Minister shall consider whether compliance, in accordance with subsection 42 (5), with the industry standard may reduce the regulatory burden applicable to facilities in that class for which compliance with section 19 or 20 would otherwise be required.

(4) Before an equipment standard that applies to a class of facilities and a source of contaminant is set out in the Technical Standards publication, the Minister shall consider whether compliance, in accordance with subsection 43 (4), with the equipment standard may reduce the regulatory burden applicable to facilities in that class for which consideration of the source of contaminant would otherwise be necessary when using an approved dispersion model for the purposes of this Part.

Registration

39. (1) A person may apply to the Director for registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of,

(a) an industry standard, facility and contaminant; or

(b) an equipment standard, facility, contaminant and source of contaminant.

(2) An application for a certificate of approval or amendment to a certificate of approval may be made in conjunction with an application for registration under clause (1) (a) or (b) and may request that the certificate of approval be consistent with a technical standard.

(3) The Director shall not approve an application for registration in respect of an industry standard, facility and contaminant unless all of the following criteria are met:

1. The applicant has submitted a completed application for registration to the Director in a form approved by the Director.

2. The Director is of the opinion that the information set out in the application for registration is accurate.

3. The industry standard applies to the facility and the contaminant.

4. The industry standard contains requirements that relate to at least one source of contaminant in the facility.

5. The applicant has complied with,

i. any provisions included in the industry standard that deal with notification of and consultation with affected persons before making an application for registration, and

ii. any requirements imposed under subsection (5).

6. The Director is of the opinion that,

i. discharges of the contaminant from the facility into the air will not cause an adverse effect if subsection 42 (5) or 44 (3) applies to the facility and the contaminant, or

ii. any adverse effect that may be caused by discharges of the contaminant from the facility into the air will be better prevented, eliminated or ameliorated if subsection 42 (5) or 44 (3) applies to the facility and the contaminant.

7. There is no other industry standard that applies to the facility and the contaminant that, in the opinion of the Director, would be more appropriate.

8. The Director is of the opinion that there is no public interest reason sufficient to refuse approval of the application.

(4) The Director shall not approve an application for registration in respect of an equipment standard, facility, contaminant and source of contaminant unless all of the following criteria are met:

1. The applicant has submitted a completed application for registration to the Director in a form approved by the Director.

2. The Director is of the opinion that the information set out in the application for registration is accurate.

3. The equipment standard applies to the facility, the contaminant and the source of contaminant.

4. The applicant has complied with,

i. any provisions included in the equipment standard that deal with notification of and consultation with affected persons before making an application for registration, and

ii. any requirements imposed under subsection (5).

5. There is no other equipment standard that applies to the facility, the contaminant and the source of contaminant that, in the opinion of the Director, would be more appropriate.

6. The Director is of the opinion that there is no public interest reason sufficient to refuse approval of the application.

(5) The Director may, for the purpose of assisting the Director in considering whether to approve an application for registration under this section, give the applicant written notice requiring the applicant to take such steps to notify and consult affected persons as are specified by the Director in the notice.

(6) A person who is registered in the Ministry’s Technical Standards Registry – Air Pollution with respect to a technical standard shall notify the Director in writing within 30 days of any change to the information provided by the person on the application for registration, if the form of the application indicates that notice is required in the event of any change to that information.

Revocation of registration

40. (1) The Director may, by order, revoke a person’s registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of an industry standard, facility and contaminant if,

(a) the Director is of the opinion that discharges of the contaminant from the facility into the air may cause an adverse effect and that the adverse effect may be better prevented, eliminated or ameliorated if subsection 42 (5) or 44 (3) does not apply to the facility;

(b) the industry standard no longer applies to the facility or contaminant;

(c) the industry standard no longer contains any requirements that relate to any sources of contaminant in the facility;

(d) the Director is of the opinion that there is a more appropriate industry standard that applies to the facility and the contaminant; or

(e) after considering the matters set out in subsection (3), the Director is of the opinion that the person has demonstrated an inability or unwillingness to comply with the person’s obligations in respect of,

(i) the facility or contaminant, or

(ii) any other facility or contaminant.

(2) The Director may, by order, revoke a person’s registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of an equipment standard, facility and contaminant and source of contaminant if,

(a) the Director is of the opinion that discharges of the contaminant from the facility into the air may cause an adverse effect and that the adverse effect may be prevented, eliminated or ameliorated if subsection 43 (4) or 44 (3) does not apply to the facility;

(b) the equipment standard no longer applies to the facility, contaminant or source of contaminant;

(c) the Director is of the opinion that there is a more appropriate equipment standard that applies to the facility, the contaminant and the source of contaminant; or

(d) after considering the matters set out in subsection (3), the Director is of the opinion that the person has demonstrated an inability or unwillingness to comply with the person’s obligations in respect of,

(i) the facility, contaminant or source of contaminant, or

(ii) any other facility, contaminant or source of contaminant.

(3) The matters referred to in clauses (1) (e) and (2) (d) are:

1. Any failure by the person to comply with subsection 42 (5), 43 (4) or 44 (3).

2. Any failure by the person to comply with subsection 39 (6).

3. Any offences under the Act for which the person has been convicted.

4. Any orders issued to the person under section 7 or 157 of the Act.

(4) The Director shall give a person written notice revoking the person’s registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of a technical standard if the revocation is requested in writing by the person.

Availability of Technical Standards Registry – Air Pollution

41. The Director shall ensure that the Ministry’s Technical Standards Registry – Air Pollution is available on a website maintained by the Ministry on the Internet.

Industry standards

42. (1) Subject to subsection (2), this Part, except for this section and sections 24, 27.1 and 38 to 41, does not apply to a person in respect of a facility and contaminant if one or more industry standards set out in the Technical Standards publication apply to the facility and the contaminant, and,

(a) the facility is part of only one class identified by a NAICS code, and the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of all of the industry standards that apply to the facility and the contaminant; or

(b) the facility is part of two or more classes that are identified by NAICS codes, industry standards apply to all of those classes and to the contaminant, and the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of all of those industry standards.

(2) This Part applies for the purpose of determining whether the Director may give a person a notice under section 24 or 27.1 and for the purpose of preparing a report required by a notice under section 24 or 27.1.

(3) Sections 19 and 20 do not apply to a person in respect of a facility and contaminant if,

(a) subsection (1) does not apply to the person in respect of the facility and the contaminant;

(b) one or more industry standards set out in the Technical Standards publication apply to the facility and the contaminant;

(c) the facility is part of only one class identified by a NAICS code or,

(i) the facility is part of two or more classes that are identified by NAICS codes, and

(ii) industry standards apply to all of those classes and to the contaminant;

(d) the contaminant is listed in Schedule 7;

(e) a regulation amending Schedule 2 or 3 with respect to the contaminant has been filed; and

(f) it has been less than 12 months since the latest of,

(i) the day the regulation referred to in clause (e) was filed,

(ii) the day the first industry standard that applied to the facility and the contaminant was first set out in the Technical Standards publication, and

(iii) the day this section came into force.

(4) A person who uses an approved dispersion model for the purposes of this Part in respect of a facility and a contaminant is not required to consider a source of contaminant that discharges the contaminant if,

(a) subsection (1) does not apply to the person in respect of the facility and the contaminant;

(b) the source of contaminant is in a part of the facility that is a part of a class of facilities to which an industry standard applies in respect of the facility and the contaminant; and

(c) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the industry standard, facility and contaminant.

(5) A person shall comply with an industry standard set out in the Technical Standards publication in respect of a facility and a contaminant if,

(a) subsection (1) or (4) applies to the person in respect of the facility and the contaminant; and

(b) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the industry standard, the facility and the contaminant.

Equipment standards

43. (1) Subject to subsection (2), this Part, except for this section and sections 24, 27.1 and 38 to 41, does not apply to a person in respect of a facility and contaminant if,

(a) equipment standards set out in the Technical Standards publication apply to every source of the contaminant in the facility; and

(b) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the facility, the contaminant and every equipment standard that applies to a source of contaminant in the facility.

(2) This Part applies for the purpose of determining whether the Director may give a person a notice under section 24 or 27.1 and for the purpose of preparing a report required by a notice under section 24 or 27.1.

(3) A person who uses an approved dispersion model for the purposes of this Part in respect of a facility and a contaminant is not required to consider a source of contaminant that discharges the contaminant if,

(a) subsection (1) does not apply to the person in respect of the facility and the contaminant;

(b) an equipment standard set out in the Technical Standards publication applies to the facility, the contaminant and the source of contaminant; and

(c) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the equipment standard, facility, contaminant and source of contaminant.

(4) A person shall comply with an equipment standard set out in the Technical Standards publication in respect of a facility, contaminant and source of contaminant if,

(a) subsection (1) or (3) applies to the person in respect of the facility, the contaminant and the source of contaminant; and

(b) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the equipment standard, facility, contaminant and source of contaminant.

Combination of industry standards and equipment standards

44. (1) Subject to subsection (2), this Part, except for this section and sections 24, 27.1 and 38 to 41, does not apply to a person in respect of a facility and contaminant if,

(a) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of one or more industry standards, the facility and the contaminant;

(b) there is one or more sources of contaminant in a part of the facility that is not part of a class of facilities to which any of the industry standards referred to in clause (a) apply; and

(c) with respect to each source of contaminant to which clause (b) applies, the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of an equipment standard, the facility, the contaminant and the source of contaminant.

(2) This Part applies for the purpose of determining whether the Director may give a person a notice under section 24 or 27.1 and for the purpose of preparing a report required by a notice under section 24 or 27.1.

(3) A person shall comply with,

(a) an industry standard set out in the Technical Standards publication in respect of a facility and a contaminant if,

(i) subsection (1) applies to the person in respect of the facility and the contaminant, and

(ii) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the industry standard, the facility and the contaminant; and

(b) an equipment standard set out in the Technical Standards publication in respect of a facility, contaminant and source of contaminant if,

(i) subsection (1) applies to the person in respect of the facility and the contaminant, and

(ii) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the equipment standard, facility, contaminant and source of contaminant.

part iii
Miscellaneous

Prohibition of certain emissions

45. No person shall cause or permit to be caused the emission of any air contaminant to such extent or degree as may,

(a) cause discomfort to persons;

(b) cause loss of enjoyment of normal use of property;

(c) interfere with normal conduct of business; or

(d) cause damage to property.

Opacity

46. (1) No person shall cause or permit an emission into the air that, during a period of six consecutive minutes, obstructs the passage of light at any point by an average of more than 20 per cent.

(2) Subsection (1) does not apply to an emission from a source of combustion that uses fuel with high ash content, if,

(a) during the six-minute period referred to in subsection (1), the passage of light was not obstructed by an average of 40 per cent or more at any point;

(b) the six-minute period referred to in subsection (1) was part of a period of 30 consecutive minutes in which there were four periods of six consecutive minutes during which the person complied with subsection (1); and

(c) the four periods referred to in clause (b) did not overlap with each other and did not overlap with the six-minute period referred to in subsection (1).

(3) If a certificate of approval prohibits a person from causing or permitting an emission into the air that obstructs the passage of light at any point by a percentage that is less than 20 per cent, that prohibition applies instead of subsection (1).

(4) Subsection (1) does not apply to a person if,

(a) at the time of the emission, the person was using a device or equipment for the purpose of minimizing the opacity of emissions;

(b) the use of the device or equipment is required or authorized by a certificate of approval; and

(c) the Director is satisfied that the device or equipment effectively minimizes the opacity of emissions.

(5) The Director may, on the request of a person, give the person a written notice requiring the person to use a device or equipment specified in the notice for the purpose of minimizing the opacity of emissions if,

(a) the person has provided the Director with such information about the use of the device or equipment as the Director may require; and

(b) the Director is satisfied that use of the device or equipment in accordance with the notice will be at least as effective as subsection (1) in minimizing the opacity of emissions.

(6) A notice given under subsection (5) may require the person to whom it is given to comply with conditions specified in the notice by the Director.

(7) Before the Director gives a person a notice under subsection (5) that requires compliance with conditions specified under subsection (6), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(8) Subsection (1) does not apply to a person who complies with a notice given under subsection (5).

(9) A person who contravenes subsection (1) shall notify a provincial officer in writing as soon as practicable after the contravention occurs of the contravention and of the source of the emission.

(10) If a person contravenes subsection (1) more than once in a 24-hour period, the person may, instead of complying with subsection (9), notify a provincial officer in writing as soon as practicable after the end of the 24-hour period of the number of contraventions that occurred during the period and of the source of the emission.

(11) If a person contravenes subsection (1), the Director may give the person written notice requiring the person to give notice to a provincial officer in writing and in accordance with the notice, at such regular intervals as may be specified by the Director and for such period of time as may be specified by the Director, of such information as may be specified by the Director.

(12) Before the Director gives a person a notice under subsection (11), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 15 days after the draft is given.

(13) Subsections (9) and (10) do not apply to a person who is required to give notice at regular intervals pursuant to a notice given by the Director under subsection (11).

(14) Subsections (9) and (10) do not apply to the following contraventions of subsection (1), if the person who contravenes subsection (1) has implemented a plan to minimize the opacity of emissions during those contraventions:

1. A contravention that occurs when the operation of a source of emission is increased from an inoperative state to normal operating conditions.

2. A contravention that occurs when the operation of a source of emission is decreased from normal operating conditions to an inoperative state.

3. A contravention that occurs when the source of emission undergoes routine maintenance.

(15) A person who has a plan referred to in subsection (14) shall keep the most recent copy of the plan at the facility and, on the request of the Director or a provincial officer, shall immediately provide the Director or provincial officer with a copy of the plan.

(16) The Director may give a person who has a plan referred to in subsection (14) a written notice requiring the person to revise the plan in accordance with the notice if the Director is of the opinion that the plan does not effectively minimize the opacity of emissions during contraventions referred to in that subsection.

(17) Before the Director gives a person a notice under subsection (16), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

Obligations under another Act; failure to operate in normal manner

47. (1) A person who causes or permits the emission of a contaminant from a stationary source of air pollution shall, if a contravention of section 45 or 46 may occur as a result of an obligation arising under another Act or a failure to operate the stationary source of air pollution in the normal manner,

(a) immediately notify a provincial officer of the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; and

(b) as soon as practicable, furnish the provincial officer in writing with the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner.

(2) A person who gives notice under subsection (1) shall notify a provincial officer in writing as soon as practicable after the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes.

(3) Section 46 does not apply to an emission from a stationary source of air pollution if,

(a) notice is given to a provincial officer in accordance with subsection (1);

(b) the Director is satisfied that a contravention of section 46 may occur as a result of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner;

(c) the Director gives written authorization for the operation of the stationary source of air pollution despite section 46; and

(d) the stationary source of air pollution is operated in accordance with any conditions specified in the authorization that the Director considers reasonable in the circumstances.

(4) The Director shall not give the authorization referred to in clause (3) (c) as a result of a failure to operate the stationary source of air pollution in the normal manner unless the Director is satisfied that the failure could not reasonably have been anticipated.

(5) Subsection (3) applies only until the earlier of the following dates:

1. The date the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes.

2. A date set out in the authorization that the Director considers reasonable in the circumstances and that is not more than three months after the date the authorization is given.

Fuel or waste for fuel burning equipment, etc.

48. (1) No person shall, in any fuel burning equipment or thermal treatment equipment, burn any fuel or waste or permit any fuel or waste to be burned, or subject any waste to thermal treatment or permit any waste to be subject to thermal treatment, except the fuel or waste for which the equipment was designed.

(2) No person shall, in any fuel burning equipment or thermal treatment equipment, burn any fuel or waste or permit any fuel or waste to be burned, or subject any waste to thermal treatment or permit any waste to be subject to thermal treatment, at a greater rate than the rate for which the equipment was designed.

Construction and sandblasting emissions, etc.

49. Except for heat, sound, vibration or radiation, no person shall,

(a) construct, alter, demolish, drill, blast, crush or screen anything or cause or permit the construction, alteration, demolition, drilling, blasting, crushing or screening of anything so that a contaminant is carried beyond the limits of the property on which the construction, alteration, demolition, drilling, blasting, crushing or screening is being carried out; or

(b) sandblast or permit the sandblasting of anything so that a contaminant is emitted into the air,

to an extent or degree greater than that which would result if every step necessary to control the emission of the contaminant were implemented.

Incinerators

50. (1) In this section,

“apartment incinerator” means an incinerator that is located in or on the site of a structure containing more than one dwelling unit and used to burn domestic waste from more than one dwelling unit.

(2) No person shall operate or permit the operation of,

(a) an apartment incinerator, domestic incinerator, multiple chamber incinerator or starved air incinerator burning domestic waste;

(b) a multiple chamber incinerator or starved air incinerator burning solid industrial waste;

(c) an incinerator burning liquid industrial waste, industrial slurries or sludges, sewage sludges or slurries, gaseous waste, organic vapour or fume;

(d) a municipal incinerator burning solid waste or sludges; or

(e) other thermal treatment equipment that processes waste,

that causes or is likely to cause a concentration in the combustion gases emitted into the natural environment, of organic matter having a carbon content, expressed as equivalent methane, being an average of 10 measurements taken at approximately one minute intervals, greater than 100 parts per million by volume, measured on an undiluted basis.

(3) Subsection (2) does not apply to prohibit the operation of a catalytic incinerator.

(4) No person shall operate or permit the operation of an apartment incinerator without a certificate of approval issued under section 9 of the Act.

Air Pollution Index

51. (1) The Ministry may prepare an index to be known as the “Air Pollution Index” for any area in Ontario, from time to time.

(2) Despite section 5, the air pollution index may take into consideration discharges of contaminants from motor vehicles.

(3) Where the air pollution index for an area indicates increasing air pollution that may lead to an air pollution episode, the Minister, in consultation with the Minister of Health and Long-Term Care, may order curtailment of the operation of sources of air pollution in the manner described in subsections (4) and (5).

(4) Where the air pollution index reaches the number 32, designated as Air Advisory Level, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Minister may require owners or operators of sources of air pollution to make preparation for the curtailment of such operations as are specified by the Minister.

(5) Where the air pollution index reaches the number 50, designated as First Air Pollution Alert, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Minister may require owners or operators of sources of air pollution to curtail such operations as are specified by the Minister.

Amendment or revocation of notices

52. (1) Subject to subsections 7 (10) and (11), the Director may, by written notice, amend or revoke any notice given by the Director under this Regulation.

(2) Before the Director gives a person a notice under subsection (1), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(3) This section does not apply to a notice given under subsection 37 (1).

Compliance with notice

53. A person who is required to do something by a notice given by the Director under this Regulation shall comply with the requirement.

Form of submissions

54. A person who is required to submit anything to the Director or a provincial officer under this Regulation shall submit it in a form approved by the Director, including, if required by the Director, an electronic format specified by the Director.

(2) Paragraph 1 of subsection 32 (1) of the Regulation, as remade by subsection (1), is revoked.

(3) Subsection 32 (5) of the Regulation, as remade by subsection (1), is revoked.

(4) Subsection 33 (3) of the Regulation, as made by subsection (1) is amended by adding “or” at the end of clause (a) and by striking out clause (b).

(5) Subsection 33 (10) of the Regulation, as made by subsection (1), is amended by striking out “Paragraphs 1, 1.1, 2 and 2.1 of subsection 13 (1)” at the beginning and substituting “Paragraphs 1, 1.1 and 2 of subsection 13 (1)”.

(6) Subsection 35 (11) of the Regulation, as made by subsection (1), is amended by striking out “subsections 32 (5) to (11)” and substituting “subsections 32 (6) to (11)”.

33. Schedule 1 to the Regulation is revoked.

34. Item 6 of Schedule 2 to the Regulation is revoked and the following substituted:

 


6.


107-02-8


Acrolein


1.2



 

35. (1) Item 4 of Schedule 3 to the Regulation is revoked and the following substituted:

 


4.


107-02-8


Acrolein


4.5


0.4


-



 

(2) Items 20 and 21 of Schedule 3 to the Regulation are revoked and the following substituted:

 


20.


630-08-0


Carbon Monoxide


-


-


6000 (half hour)



 

36. Item 7 of Schedule 5 to the Regulation is revoked and the following substituted:

 


7.


332810


Coating, Engraving, Heat Treating and Allied Activities MEX




7.1


332999


All Other Miscellaneous Fabricated Metal Product Manufacturing MEX




 

37. Item 4 of Schedule 6 to the Regulation is revoked and the following substituted:

 


4.


107-02-8


Acrolein


12


4 (24 hour)



 

38. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on February 1, 2010.

(2) This section and sections 34, 35 and 37 come into force on the day this Regulation is filed.

(3) Subsections 2 (2), 4 (2) and 6 (2), sections 7 and 8, subsections 9 (1) and (3), section 10, subsection 13 (1), sections 14 and 17 to 20, subsections 23 (1) to (7), 24 (2), (4) to (8), (10) and (11) and 25 (4) to (7), section 27, subsections 28 (1) to (7), (9) and (10), section 29, subsections 30 (1), (5), (6) and (7) and sections 31 and 33 come into force on April 1, 2010.

(4) Subsections 4 (1) and (3), section 11 and subsections 23 (8), 24 (9), 28 (8), 30 (2) and 32 (2) to (6) come into force on February 1, 2012.