Reducing Coal Use in Energy-Intensive Industries

Regulation Number(s):
Instrument Type:
Bill or Act:
Environmental Protection Act, Environmental Bill of Rights, 1993
Summary of Decision:
On April 17, 2014 and December 4, 2014, the Ministry of the Environment and Climate Change posted a regulatory proposal for public consultation on the Environmental Registry and Regulatory Registry outlining a proposed new environmental approval process to better enable the use of alternative low-carbon fuels by energy-intensive manufacturers as a cost-effective way to achieve greenhouse gas emissions reductions.

A decision has been made to implement the regulatory proposal. O. Reg. 79/15 and O. Reg. 80/15 were filed with the Registrar of Regulations on April 13, 2015.

O. Reg. 79/15 under the Environmental Protection Act (EPA) exempts energy-intensive manufacturing facilities in the cement, lime and iron and steel sectors (including manufacturers of metallurgical coke) from requiring a 'waste disposal site' Environmental Compliance Approval (ECA) for certain activities on the site when they are using alternative low-carbon fuel in place of coal or coke. Sites exempt from 'waste disposal site' ECA approval will not be subject to requirements under the Environmental Assessment Act (EAA). The regulation will require proponents first to publicly consult on the potential environmental impacts of any proposed on-going use of alternative low-carbon fuel before applying to the Ministry for an ECA. In addition, the regulation will further facilitate alternative low-carbon fuel demonstration projects.

O. Reg. 80/15, made to amend Ontario Regulation 681/94 under the EBR, maintains the current process of exempting demonstration projects from public consultation requirements of the EBR and third-party appeal provisions.

Comments were received on the notice of proposal and these comments were considered before making the final regulation.
Further Information:
Proposal Number:
Posting Date:
December 4, 2014
Summary of Proposal:
The Ministry of the Environment and Climate Change is proposing regulatory changes to help Ontario's energy-intensive and trade-exposed manufacturing industries (including the cement, lime, iron and steel sectors) take advantage of opportunities to reduce the use of coal and petroleum coke.
Contact Address:
Effective Date:
May 1, 2015