Updates on Environmental Approvals. The Six-Minute Environmental Lawyer 2016 October 20, 2016

Transcription

1 Updates on Environmental Approvals The Six-Minute Environmental Lawyer 2016 October 20, 2016

2 Environmental Protection Act Amendments In 2011 amendments to the Environmental Protection Act (EPA) and Ontario Water Resources Act (OWRA) were made to modernize approvals, providing a risk based approach model for activities that required an approval under section 9 (air) or 27 (waste) of the EPA or section 53 (wastewater) of the OWRA. Process for applications and Director s powers on applications (eg. types of applications, Director s grounds and powers, hearings etc.) consolidated/harmonized in new Part II.1 of EPA. Prohibitions against engaging in certain activities without an approval remain in ss. 9 and 27 of the EPA and s.53 of the OWRA. Environmental Activity Sector Registry (EASR) provided for in new Part II.2 in EPA. 2

3 Environmental Protection Act Part II.1 Application for Approval: Application for approval to engage in activities referred to in sections 9 and 27 (EPA) and 53 (OWRA) may be made to the Director under Part II.1 of EPA, unless the activity has been prescribed for the purposes of the Registry (20.2 (1) EPA). Director is not required to consider applications that do not meet the regulatory requirements (20.14 (2) EPA). Director may suspend, revoke or refuse to issue an ECA based on the past conduct of the holder of the approval or the applicant (20.7 (2) EPA). Director may require additional information, plans, technical reports etc. be provided (20. 8 EPA). Director may require consultation with persons specified by the Director in a manner specified by the Director (20. 9 EPA). 3

4 Environmental Protection Act - Part II.1 - Review Application for Review: Holder of ECA may apply for a review of the ECA (20.4 (1) EPA). Holder of ECA must apply for a review of the ECA on or before the date set out by the Director or the regulations (20.4 (2) EPA). Applications are to be completed and submitted in accordance with any regulatory requirements (20.4 (3) EPA). Director may, on an application for an approval, require application for review of other environmental compliance approvals (related to the same site be made (20.12 (2) EPA). 4

5 Environmental Protection Act Part II.2 - (EASR) Registry Environmental Activity Sector Registry (EASR) - public registry to be established, maintained and operated by the Director for the purposes of: allowing persons to register prescribed activities as required under Part II.2; providing public access to the information in the Registry; other prescribed purposes (20.20 EPA). If an activity is prescribed for the purposes of the Registry a person wishing to engage in that activity at a site must: register the activity in accordance with the regulations (mobile activities must be registered but, subject to regulations, do not need to be registered in respect of specific sites); Pay any applicable fees and financial assurances and receive a confirmation of registration from the Director; Engage in the activity in accordance with any conditions set out in the regulation governing that activity. 5

6 Environmental Protection Act Part II.2 (continued) Confirmation of registration must be retained (20.22 (2) EPA). Registration must be maintained up to date in accordance with regulations and include any reports, information etc. required by the Director or prescribed by regulations (20.22 (2) EPA). Act sets out a variety of circumstances in which the registration may be suspended or removed: Person who is engaging in the activity is in contravention of the OWRA or EPA or regulations made under them*; Confirmation was provided on basis of mistaken, false or inaccurate information*; Person who is engaging in the activity requests that it be removed; Person who was engaging in the activity no longer doing so*; Director has issued an order that Part II.2 does not apply to the activity at the site.; Registration is obsolete. * Director must issue order with reasons if suspending or removing the registration if relying on this ground (20.23 EPA). 6

7 Current EASRs Heating Systems and Standby Power Systems - Ontario Regulation 346/12; Waste Management Systems - Ontario Regulation 351/12; Waste transportation systems for collection, handling and transportation of nonhazardous waste; End of Life Vehicles Ontario Regulation 85/16; Water Taking Ontario Regulation 63/16; Printing Facilities - Ontario Regulation 349/12; Solar Facilities Ontario Regulation 350/12; Small ground-mounted solar power facilities with a name plate capacity of 500 kw or less. 7

8 Proposed Air and Noise Emissions EASR Regulation Eligibility Criteria: To be eligible for the proposed Air and Noise Emissions EASR a person registering a facility needs to confirm that: None of the activities engaged in at the facility falls within any industries identified (i.e. Schedules 4 and 5 of O. Reg. 419/05 or the identified additional high risk sectors); The facility does not incorporate any activities such as landfilling waste; processing waste via thermal treatment; using wood-fired combustion equipment over 3 MW; using certain plating processes (e.g. chrome plating), or certain outdoor processing (e.g. plasma cutting); A site specific standard has not been requested or issued; The facility has not registered for a technical or equipment standard; There are no mobile activities; The activity is not subject to a renewable energy approval; The facility is not located on a property that has been deemed to be a single property under O.Reg 419/05. 8

9 Proposed Air and Noise Emissions EASR Regulation Operating Requirements: The operating requirements for the proposed EASR regulation include: Complete an ESDM Report in accordance with sections 9-17 and 26 of Ontario Regulation 419/05 using one or more approved dispersion models within the meaning of the proposed EASR regulation. Generally, the ESDM must demonstrate that the concentration of each contaminant discharged or proposed to be discharged by the facility into the air is at or below the applicable standard. Facility must ensure that it is operating within the operation parameters that were assumed for the purpose of preparing the ESDM report. Before any modification is made to the facility, an ESDM report that reflects the proposed modification and meets the requirements must be prepared. 9

10 Proposed Air and Noise Emissions EASR Regulation Operating Requirements (continued): The operating requirements for the proposed EASR regulation include: Complete a Best Management Practice Plan (BMPP) for fugitive dust (if sources of dust are indicated in the ESDM report ); Verify the NOx emission limit for boilers and heaters (if required); Complete a Best Management Plan for Odour if applicable (presently a discussion paper is available on this topic); Update the ESDM report, odour assessment report, noise assessment and vibration assessment report, whichever are applicable to the facility, once every ten (10) years after initial registration. All of the technical assessments (ESDM and other required reports) must be signed and sealed by a licensed engineering practitioner. 10

11 Proposed Air and Noise Emissions EASR Regulation Operating Procedures: Operating procedures and maintenance programs for all sources of contaminants must be prepared and implemented, which specify, for example: Routine operating and maintenance procedures; Frequency of inspections and scheduled preventative maintenance; Procedures for monitoring the performance of air, noise or odour control equipment; Spill prevention and contingency plan; Procedures to prevent upset conditions; minimize all fugitive emissions; prevent and/or minimize odorous emissions and noise emissions; etc. 11

12 Proposed Air and Noise Emissions EASR Regulation Record keeping and complaints recording and reporting requirements: The Emission Summary Table and Acoustic Assessment Summary Table are to provided at the time of registration. Operating procedures and maintenance programs for all sources of contaminants must be prepared and implemented, which specify, for example: Routine operating and maintenance procedures; Frequency of inspections and scheduled preventative maintenance; Procedures for monitoring the performance of air, noise or odour Control Equipment for; Spill prevention and contingency plan; Procedures to prevent upset conditions; minimize all fugitive emissions; prevent and/or minimize odorous emissions and noise emissions; etc. If you have an ECA for the EASR eligible activity that ECA remains in effect until January 31, 2027, unless modifications are made to the activity or facility. At time of modification, the facility transitions from ECA to EASR. 12

13 Appendix A Ineligible Sectors O.Reg. 419/05 Schedules 4 and 5 SCHEDULE 4 SCHEDULE 5 Item NAICS Code North American Industry Classification System Description Item NAICS Code North American Industry Classification System Description Metal Ore Mining Fossil-Fuel Electric Power Generation Petroleum Refineries Basic Chemical Manufacturing Resin, Synthetic Rubber, and Artificial and Synthetic Fibres and Filaments Manufacturing Iron and Steel Mills and Ferro-Alloy Manufacturing Non-Ferrous Metal (except Aluminum) Smelting and Refining Pulp, Paper and Paperboard Mills Other Petroleum and Coal Products Manufacturing Chemical Manufacturing Urethane and Other Foam Product (except Polystyrene) Manufacturing Other Non-Metallic Mineral Product Manufacturing Primary Metal Manufacturing Coating, Engraving, Heat Treating and Allied Activities All Other Miscellaneous Fabricated Metal Product Manufacturing Transportation Equipment Manufacturing Waste Treatment and Disposal 13

14 Appendix A Ineligible Sectors Cont. The following sectors in addition to Schedules 4 and 5 of O.Reg. 419/05 were identified as those with activities that are high-risk and/or are more complex in nature and are proposed to be ineligible for this EASR: Sector Asphalt Paving, Roofing and Saturated Materials Manufacturing (NAICS 32412) Rationale benzo[a]pyrene emissions (technical standard currently under development), odour and noise emissions; Cement Manufacturing (NAICS ) ammonia emissions, benzene emissions, mercury emissions, dioxins and furans emissions, polycyclic aromatic hydrocarbons (PAHs) emissions, noise emissions and are eligible for the Alternative Low Carbon Fuels Regulation Cemeteries and Crematoria (NAICS ) mercury, PAH, dioxins & furans, particulate, noise emissions and high public interest Forging and Stamping (NAICS 3321) noise and vibration emissions as the ministry does not have any screening guidelines for vibration as impacts are site specific Lime Manufacturing ( NAICS ) Alternative Low Carbon Fuels Regulation requires an ECA for air and noise Non-Metallic Mineral Mining and Quarrying (NAICS 3279) Ready-mix Concrete Manufacturing ( NAICS ) Remediation and Other Waste Management Services (NAICS 5629) noise emissions and the complexity associated with the various ministries and regulations that apply to this sector noise emissions, high public interest in-situ remediation, multimedia considerations and odour emissions- site specific 14

15 Appendix A Ineligible Sectors Cont. Sector Rationale Animal Slaughtering and Processing (NAICS 31161) odour emissions, high public interest Rubber Products Manufacturing (NAICS 3262) toxicity (cancer classification, stringent jurisdictional guidelines, previous toxicity assessment information) Sawmills (except shingle and shake mills) (NAICS ) technical standard (for acrolein) and noise emissions Sewage Treatment Facilities (NAICS ) ammonia emissions, mercury emissions, silver emissions, odour emissions, noise emissions and multimedia considerations Starch and Vegetable Fat and Oil Manufacturing (NAICS 31122) Veneer, Plywood and Engineered Wood Product Manufacturing, other than a facility that is part of the class identified by NAICS (Hardwood Veneer and Plywood Mills) odour emissions, high public interest technical standard (for acrolein), acetaldehyde emissions, and MDI monomer emissions Waste Treatment and Disposal (NAICS 5622) multimedia considerations, odour emissions and noise emissions Waste Collection (NAICS ) odour emissions, high public interest 15

16 Appendix B Proposed Section 9 Exemptions The following activities/facilities are proposed for exemption from section 9 of the EPA: Public and Private Schools (primary and secondary); Heating, Ventilation and Air Conditioning (HVAC) Systems; Standby Power Systems; and, Small Wood Fired Combustors (rated at 50kW or less). In order to be eligible for the proposed exemption, each activity/facility must meet specific criteria. 16