Setting alternative standards : Ontario Regulation 419/05 - air pollution - local air quality

2006·0.03 MB·English

December 2006
Setting Alternative Standards

Ontario Regulation 419/05 – Air Pollution – Local Air Quality

The Ontario Government continues to develop and •Application form – which summarizes legal
update air quality standards to protect Ontario information including name and location of
communities from the impacts of air pollution. In applicant, contaminant name, etc.
November, 2005, the Ministry’s Ontario
Regulation 419/05: Air Pollution – Local Air •Summary Table from an Emission Summary and
Quality, took effect. It was the biggest move on air Dispersion Modelling (ESDM) Report – which
toxics in more than 25 years. must include the results from a modelling/
monitoring study, and an assessment of the
Through Regulation 419, the province sets air magnitude and frequency of exceedence of the
quality standards based on values that protect standard(s), etc.
against health and environmental effects – as
opposed to setting provincial standards that •Technology Benchmarking Report – which must
consider technical or economic issues. assess and rank technical methods for reductions in
contaminant concentrations and provide an
The Ministry expects that companies will meet the assessment of feasible technologies.
newer or more stringent standards. Regulation 419
also includes updated air dispersion models to give •Public Consultation Report – which must
a better picture of industrial emissions. However, summarize the results of the mandatory public
sometimes it will take time for facilities to make meeting with the local community.
the significant adjustments and investments needed
to have a positive impact on their air emissions. •Action Plan with schedule of dates/timelines.

The alternative standard process was developed to A company submitting a request for an alternative
establish interim site specific standards with the standard must consider a number of issues:
goal of continuous improvement toward achieving
the effects-based standard over time. •Companies must demonstrate that they are doing
the best they can reasonably do today to reduce
The Ministry of the Environment is committed to their concentrations.
working with companies to ensure continuous
improvement because we know that clean, safe air •Stakeholders must be given an opportunity to be
is essential in protecting the health and made aware of the compliance issue.
environment of our people and our communities.
•The local community must be given an
The following information must be submitted to opportunity to understand the options that were
the Ministry to support the facility’s request. A considered including the nature of the technical
copy of the information can be provided by the (the economic, if that is the barrier) challenges.
company upon request:
•The company must develop and implement an
•Economic Feasibility Analysis (Optional). action plan (subject to Ministry of the Environment
approval) to implement the measures to achieve the expected to respond to questions raised by the
alternative standard. meeting participants. The company must also offer
to provide a complete written copy of the proposed
•The request can be approved for a period of up to package to request an alternative standard.
five years (10 years in extenuating circumstances).
This ensures continual improvement and a re- 5. Summary of Comments: The facility must
evaluation of technical (or economic) provide a written summary of the public meeting
considerations which evolve over time. which must be submitted as part of the request for
an alternative standard.
•Approval cannot be granted (and risk reduction
must be pursued in a timely manner) if emissions 6. The Environmental Registry (EBR) Comment
result in a concentration of a contaminant that not Period: The facility’s request for an alternative
only exceeds a standard, but also exceeds a standard will also be posted on the Environmental
predetermined level (i.e. an Upper Risk Threshold) Bill of Right (EBR) Registry for a minimum 30
at places such as a school, daycare, retirement day comment period. During this review period, all
home, hospital or resident. stakeholder comments received will be shared with
other stakeholders upon request.
What must a facility do to keep the public For more information and to comment on an EBR
informed? posting, please visit:
http://www.ene.gov.on.ca/envision/env_reg/ebr/en
An important component of Regulation 419 is the glish/index.htm
provisions for public communication. In a request
for an alternative standard, a facility must: 7. Outcome: The Ministry will consider the
summary of comments from the local community
1. Identify key stakeholders: Identify key as well as input from other interested stakeholders
stakeholders (community groups, existing local submitted via the EBR in making a final decision
environmental groups, the Ministry, Public Health on the approval for an alternative standard
Units, municipalities, First Nations or other levels proposed by the facility.
of government, etc.).
The “Guideline for the Implementation of Air
2. Public Meeting: Before the request for an Standards in Ontario” provides more information
alternative standard is submitted to the Ministry, on the alternative standards process. Copies of this
the facility must, as a minimum, host one public document are available on the Ministry website at:
meeting and notify all key stakeholders and the http://www.ene.gov.on.ca/envision/gp/5166e.pdf.
Ministry at least 15 days before the meeting. A
notice of the meeting must also be published in a For further information, please visit the Ministry of
newspaper that has general circulation in the area. the Environment’s web site at
http://www.ene.gov.on.ca/envision/air/airquality/st
3. Seek Input: Before the application is submitted, andards.htm or contact:
the document(s) that will be used to support a Public Information Centre
request for an alternative standard must be made Ministry of the Environment
available to the public. These include: the 135 St. Clair Avenue West
Emission Summary and Dispersion Modelling Toronto, ON M4V 1P5
(ESDM) Report Executive Summary, Technology Tel: [phone] or 1-800-565-4923
Benchmarking Report; and Economic Feasibility
Analysis (if the facility opted to consider
economics) and the action plan.

4. Community Forum: The community Please note: This fact sheet is a brief summary
informational meeting will be organized by the of the requirements as set out in Ontario
company. The meeting will be chaired by the Regulation 419/05 (Section 32). Interested
facility. At the meeting, the facility must provide a parties are advised to refer to the regulation for
plain language information package to the the precise legal requirements.
interested stakeholders including an outline of the
proposed action plan. The company will be
PIBS6034e