Content Copy Of Original Ministry of the Environment and Climate Change Ministère de l Environnement et de l Action en matière de changement climatique T.C.M. Investments Limited 77 Ferguson Avenue South Hamilton, Ontario L8N 3Z8 Site Location: 77 Ferguson Avenue South City of Hamilton AMENDED ENVIRONMENTAL COMPLIANCE APPROVAL NUMBER 9909-ABSPWA Issue Date: July 29, 2016 You have applied under section 20.2 of Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E. 19 (Environmental Protection Act) for approval of: - one (1) downdraft paint spray booth, designated as SB-1, for the application of waterborne primer or topcoat coatings at a maximum rate of 1.0 litre per hour, equipped with 4.18 square metres of dry type paint arrestor filters and exhausting into the atmosphere through a stack, as described in Schedule "A"; - one (1) downdraft paint spray booth, designated as SB-2, for the application of waterborne primer or topcoat coatings at a maximum rate of 1.0 litre per hour, equipped with 4.49 square metres of dry type paint arrestor filters and one (1) direct-fired, natural gas-fuelled bake cycle heater having a heat input of 1,055,056 kilojoules, exhausting into the atmosphere through two (2) stacks, as described in Schedule "A"; and - one (1) single stall preparation station, designated as PS-1, for the application of waterborne primer coating at a maximum rate of 0.25 litre per hour, equipped with at least 2.5 square metres of dry type paint arrestor filters and exhausting into the atmosphere through a stack, as described in Schedule "A"; all in accordance with the following: 1. Environmental Compliance Approval Application submitted by T.C.M. Investments Limited, dated April 22, 2015 and signed by Rick Yates, President; and all supporting information, including the Emission Summary and Dispersion Modelling Report submitted by 1847095 Ontario Ltd., dated April 20, 2015 and signed by Steven Challoner; the Acoustic Assessment Report prepared by Valcoustics Canada Ltd., dated April 23, 2015 and signed by Mark Levkoe; and additional electronic information provided by Steven Challoner, 1847095 Ontario Ltd., dated July 12, 2016. 2. Application for a Certificate of Approval (Air), dated April 9, 2002 and signed by T. Killinger, and all supporting information. For the purpose of this environmental compliance approval, the following definitions apply: 1. "Acoustic Assessment Report" means the report, prepared in accordance with Publication NPC-233, submitted in support of the application that documents all sources of noise emissions and Noise
Control Measures present at the Facility. "Acoustic Assessment Report" also means the Acoustic Assessment Report prepared by Valcoustics Canada Ltd., dated April 23, 2015 and signed by Mark Levkoe; 2. "Approval" means this Environmental Compliance Approval, including the application and supporting documentation listed above; 3. "Approved Automotive Refinish Coatings" means automotive refinish coatings that comply with the VOC content limits indicated in Section 3.2.1 VOC Content Limits of the National Standards; 4. "CCME Guideline" means the document entitled National Standards and Guidelines for the Reduction of Volatile Organic Compounds from Canadian Commercial/Industrial Surface Coating Operations-Automotive Refinishing, October 1998, PN 1278, as amended, and published by the Canadian Council of Ministers of the Environment; 5. "Company" means T.C.M. Investments Limited, that is responsible for the construction or operation of the Facility and includes any successors and assigns; 6. "Director" means any person appointed in writing by the Minister of the Environment and Climate Change pursuant to Section 5 of the EPA as a director for the purposes of Section 9 of the EPA; 7. "District Manager" means the district manager of the appropriate local district office of the Ministry, where the Facility is geographically located; 8. "EPA" means the Environmental Protection Act, R.S.O. 1990, c.e.19, as amended; 9. "Equipment" means the equipment and processes described in the Company's application, this Approval and in the supporting documentation submitted with the application, to the extent approved by this Approval; 10. "Facility" means the entire operation located on the property where the Equipment is located; 11. "High Efficiency-type Paint Spray System" means equipment used for the application of automotive refinish coatings conforming to Section 3.4 Application Equipment of the CCME Guideline; 12. "Manual" means a document or a set of documents that provide written instructions to staff of the Company; 13. "Ministry" means the ministry of the government of Ontario responsible for the EPA and includes all officials, employees or other persons acting on its behalf; 14. "National Standards" means the document entitled National Standards for the Volatile Organic Compound Content of Canadian Commercial/Industrial Surface Coating Products Automotive Refinishing, October 1998, PN 1288 and published by the Canadian Council of Ministers of the Environment; 15. "Noise Abatement Action Plan" means the noise abatement program developed by the Company, submitted to the Director and District Manager and approved by the Director, designed to achieve compliance with the sound level limits set in Publication NPC-300. It also means the Noise Abatement Action Plan prepared by Valcoustics Canada Ltd. and included in the Acoustic Assessment Report;
16. "Noise Control Measures" means measures to reduce the noise emissions from the Facility and/or Equipment including, but not limited to, silencers, acoustic louvres, enclosures, absorptive treatment, plenums and barriers. It also means the noise control measures outlined in the Acoustic Assessment Report and detailed in Schedule "B" of this Approval; 17. "Publication NPC-233" means the Ministry Publication NPC-233, "Information to be Submitted for Approval of Stationary Sources of Sound", October, 1995 as amended; 18. "Publication NPC-300" means the Ministry Publication NPC-300, "Environmental Noise Guideline, Stationary and Transportation Sources - Approval and Planning, Publication NPC-300", August, 2013, as amended; and 19. "Trained" and "Training" refers to a training program which conforms with Section 4.3 Training of the CCME Guideline. You are hereby notified that this environmental compliance approval is issued to you subject to the terms and conditions outlined below: TERMS AND CONDITIONS GENERAL 1. Except as otherwise provided by these Conditions, the Company shall design, build, install, operate and maintain the Equipment in accordance with the description given in this Approval, application for approval of the Equipment and the submitted supporting documents and plans and specifications as listed in this Approval. 2. Where there is a conflict between a provision of any submitted document referred to in this Approval and the Conditions of this Approval, the Conditions in this Approval shall take precedence, and where there is a conflict between the listed submitted documents, the document bearing the most recent date shall prevail. OPERATION AND MAINTENANCE 3. The Company shall ensure that the Equipment is properly operated and maintained at all times. The Company shall: (1) prepare, not later than three (3) months after the date of this Approval, and update as necessary, a Manual outlining the operating procedures and a maintenance program for the Equipment, including: (a) routine operating and maintenance procedures in accordance with good engineering practices and as recommended by the Equipment suppliers; (b) emergency procedures; (c) list of Trained personnel responsible for the operation and maintenance of the Facility; (d) procedures for any record keeping activities relating to operation and maintenance of the Equipment; (e) a regular maintenance program for each booth fan, including but not limited to cleaning and balancing of the fan blades, to ensure the fan noise emissions do not exceed at any time the levels specified in Publication NPC-300;
(f) the frequency of inspection and replacement of the filter material in the Equipment; (g) procedures for recording and responding to environmental complaints; and (h) appropriate measures to minimize emissions from all potential sources; (2) implement the recommendations of the operating and maintenance Manual; (3) ensure that all surface coating operations are performed using a High Efficiency-type Paint Spray System; (4) ensure that all surface coating operations are performed using Approved Automotive Refinish Coatings; (5) ensure that operators involved in the application of automotive refinish coatings receive Training in the proper use of High Efficiency-type Paint Spray Systems; and (6) implement the provisions of Section 4.0 Codes of Good Practice and Section 5.0 Check List for Good Practices for Automotive Refinish Facilities of the CCME Guideline. RECORD RETENTION 4. The Company shall retain, for a minimum of two (2) years from the date of their creation, all records and information related to or resulting from the operation and maintenance activities required by this Approval. These records as well as the Manual shall be made available to staff of the Ministry upon request. The Company shall retain: (1) all records on the maintenance, repair and inspection of the Equipment; and (2) all records on the environmental complaints, including: (a) a description, time and date of each incident; (b) operating conditions (e.g. the product name(s) of the Approved Automotive Refinish Coating being sprayed, any upset conditions, etc.) at the time of the incident; and (c) a description of the measures taken to address the cause of the incident and to prevent a similar occurrence in the future. NOTIFICATION OF COMPLAINTS 5. The Company shall notify the District Manager, in writing, of each environmental complaint and the measures taken to address the cause of the complaint within five (5) business days of the complaint. NOISE 6. The Company shall: (1) implement the Noise Control Measures outlined in the Noise Abatement Action Plan as detailed in Schedule "B" of this Approval as follows:
(a) the west overhead door must remain closed except to allow vehicles access to within the Facility, effective immediately after issuance of this Approval; and (b) installation of silencers for the Garmat Paint Booth Exhaust, Garmat Paint Booth Intake, Spraybake Paint Booth Exhaust, and Atlantic Paint Booth Exhaust, not later than six (6) months from the date of this Approval. (2) ensure, subsequent to the completion of the Noise Abatement Action Plan, that the noise emissions from the Facility comply with the limits set in Ministry Publication NPC-300; (3) ensure that the Noise Control Measures are properly maintained and continue to provide the acoustical performance outlined in the Acoustic Assessment Report and the Noise Abatement Action Plan; and (4) restrict operation of the Facility to the daytime period between 7:00 am to 7:00 pm. The reasons for the imposition of these terms and conditions are as follows: 1. Conditions No. 1 and 2 are imposed to ensure that the Equipment is built and operated in the manner in which it was described for review and upon which approval was granted. These conditions are also included to emphasize the precedence of Conditions in the Approval and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review. 2. Condition No. 3 is included to emphasize that the Equipment must be maintained and operated according to a procedure that will result in compliance with the EPA, the regulations and this Approval. 3. Condition No. 4 is included to require the Company to keep records and provide information to staff of the Ministry so that compliance with the EPA, the regulations and this Approval can be verified. 4. Condition No. 5 is included to require the Company to notify staff of the Ministry so as to assist the Ministry with the review of the site's compliance. 5. Condition No. 6 is included to provide the minimum performance requirement considered necessary to prevent an adverse effect resulting from the operation of the Facility. SCHEDULE "A" Source ID Description Source Exhaust Stacks Volumetric Flow Rate (cubic metres per second) Exit Diameter (metres) Stack Parameters Height Above Roof (metres) Height Above Grade (metres) SB-1 Paint spray booth 5.66 0.76 2.03 8.04 SB-2 Paint spray booth 4.95 0.76 2.61 8.61 SB-2 Flue Combustion contaminants from SB-2 heater 0.16 0.30 1.83 7.84
PS-1 Prep station 3.78 0.61 2.89 8.90 SCHEDULE "B" Noise Control Measures 1. The overhead door on the west side of the mechanical repair shop should remain closed, except when cars drive into the facility from Ferguson Street. 2. Silencers should be installed on the intake and exhaust stacks of the Garmat spray booth as well as on the exhaust stacks of the Spraybake and Atlantic paint booths. These silencers must satisfy the requirements outlined below: Silencer for the Garmat Spray Booth Intake (Source GM_INT) 2 4 5 7 8 8 6 5 Silencer for the Garmat Spray Booth Exhaust (Source GM_EXH) 4 6 10 12 12 11 9 6 Silencer for the Spraybake Paint Booth Exhaust (Source SB_EXH) 3 6 10 10 9 5 5 2 Silencer for the Atlantic Paint Booth Exhaust (Source AT_EXH) 3 6 10 10 9 5 5 2 Upon issuance of the environmental compliance approval, I hereby revoke Approval No(s). 4025-5J4QR4 issued on January 28, 2003 In accordance with Section 139 of the Environmental Protection Act, you may by written Notice served upon me, the Environmental Review Tribunal and in accordance with Section 47 of the Environmental Bill of Rights, 1993, S.O. 1993, c. 28 (Environmental Bill of Rights), the Environmental Commissioner, within 15 days after receipt of this Notice, require a hearing by the Tribunal. The Environmental Commissioner will place notice of your appeal on the Environmental Registry. Section 142 of the Environmental Protection Act provides that the Notice requiring the hearing shall state:
1. The portions of the environmental compliance approval or each term or condition in the environmental compliance approval in respect of which the hearing is required, and; 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed. Pursuant to subsection 139(3) of the Environmental Protection Act, a hearing may not be required with respect to any terms and conditions in this environmental compliance approval, if the terms and conditions are substantially the same as those contained in an approval that is amended or revoked by this environmental compliance approval. The Notice should also include: 3. The name of the appellant; 4. The address of the appellant; 5. The environmental compliance approval number; 6. The date of the environmental compliance approval; 7. The name of the Director, and; 8. The municipality or municipalities within which the project is to be engaged in. And the Notice should be signed and dated by the appellant. This Notice must be served upon: The Secretary* Environmental Review Tribunal 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 AND The Environmental Commissioner 1075 Bay Street, Suite 605 Toronto, Ontario M5S 2B1 The Director appointed for the purposes of Part II.1 of the Environmental Protection Act Ministry of the Environment and ANDClimate Change 135 St. Clair Avenue West, 1st Floor Toronto, Ontario M4V 1P5 * Further information on the Environmental Review Tribunal s requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) 212-6349, Fax: (416) 326-5370 or www.ert.gov.on.ca This instrument is subject to Section 38 of the Environmental Bill of Rights, 1993, that allows residents of Ontario to seek leave to appeal the decision on this instrument. Residents of Ontario may seek leave to appeal within 15 days from the date this decision is placed on the Environmental Registry. By accessing the Environmental Registry at www.ebr.gov.on.ca, you can determine when the leave to appeal period ends. The above noted activity is approved under s.20.3 of Part II.1 of the Environmental Protection Act. DATED AT TORONTO this 29th day of July, 2016 AD/ c: District Manager, MOECC Hamilton - District Steven Challoner, 1847095 Ontario Ltd. Gregory Zimmer, P.Eng. Director appointed for the purposes of Part II.1 of the Environmental Protection Act