Amendments to Ontario Regulation 419/05: Air Pollution - Local Air Quality (O. Reg. 419/05), including Sector-Based Approach for Improving Air Pollution
Ontario Regulation 419/05: Air Pollution – Local Air Quality
Ontario Regulation 336: Air Contaminants from Ferrous Foundries
Regulation - Minister
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Decision:
The Ontario Ministry of the Environment (MOE) has filed amendments to Ontario Regulation 419/05: Air Pollution - Local Air Quality (O. Reg. 419/05), including a new approach for improving air pollution by allowing compliance to be assessed against a technical standard. This amending regulation is made under the Environmental Protection Act (EPA), and can be found via the hyperlink on the right side of his notice. The amendments create the authority for the Minister to publish a Technical Standards Publication entitled: “Technical Standards to Manage Air Pollution” dated December 4, 2009, as amended from time to time. The “Technical Standard Publication” can be found via the hypertext link on the right side of this notice and will be made available on the ministry's website and through the ministry’s Public Information Centre.
Technical standards can include any requirements 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. A technical standard can include an industry standard that deals with all sources of contaminants (for specified contaminants) from a specific sector or an equipment standard that may apply to one or more sectors but only addresses one source of contaminant (for specified contaminants). This new authority allows eligible facilities who register under a technical standard to replace current compliance requirements under O. Reg. 419/05 with technical and operational requirements set out in the published technical standard.
June 25, 2009
Summary of Proposal:
In 2005, the government announced O. Reg. 419/05 as part of the Plan for Cleaner Air. The regulation took effect on November 30, 2005 and was last amended in 2007. Since 2005, this government has introduced a total of 59 new or updated air standards. For any one contaminant for which a standard is set, there may be many sectors which discharge this contaminant into the air at different quantities.
Under O. Reg. 419/05, air standards are set to protect against health and environmental effects—as opposed to setting standards that also consider technical or economic issues. Under the current regulatory framework, facilities are required to comply with these standards within specified time lines. Provisions exists for a facility that is unable to meet the standards within those timelines where they may submit a request for a site-specific alteration to a standard. Such requests are publicly transparent and must document technical (and, if requested, economic) challenges that will be factored into the decision to approve or deny the request.
Requests for altered standards are considered on a case-by-case basis. New or updated standards can present common or similar implementation challenges for more than one facility within a sector.
The MOE is proposing to amend O. Reg. 419/05 to address common sector-wide issues through a new Minister’s authority. In situations where sector-wide issues are identified, the MOE proposes to establish technical and operational sector-based requirements or technical standards that would apply in lieu of the current requirements that assess Point of Impingement (POI) concentrations under O. Reg. 419/05. It is proposed that a facility would have to register with the MOE for the sector-specific technical standard to apply. The registration of facilities is proposed to be posted on the MOE website so that the public is aware of the facility’s compliance requirements.
The proposed sector-based approach is intended to identify practical solutions to manage better and reduce exposures to air toxics by applying consistent requirements across a sector rather than seeking reductions and timelines for each facility. It also has the potential to reduce regulatory burden.
Ontario Regulation 336: Air Contaminants from Ferrous Foundries (O. Reg. 336) specifies certain technology to control discharges of particulate matter. O. Reg. 336 is out-of-date and is proposed to be revoked.
Engineering Specialist, Air Standards & Risk Management
Ministry of the Environment
Environmental Sciences and Standards Division
Standards Development Branch
40 St. Clair Avenue West
Phone: (416) 327-6600
Fax: (416) 327-2936
December 22, 2009