Proposal

Proposal to Amend Ontario Regulation 419/05: Air Pollution - Local Air Quality, made under the Environmental Protection Act, to include Ontario Air Standards for Nine (9) Contaminants.

Regulation Number(s):
O.Reg. 419/05
O.Reg. 354/11
Instrument Type:
Proposal
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Decision:
On July 31, 2009, the Ministry of the Environment (MOE) posted a Proposal to Amend Ontario Regulation 419/05: Air Pollution - Local Air Quality, made under the Environmental Protection Act, to include Ontario Air Standards for Nine (9) Contaminants to the Environmental Registry (EBR #010-7190). The MOE issued a decision on one of the nine contaminants (acrolein, EBR #010-6241) on December 22, 2009. This decision notice is regarding provincial air standards for the remaining eight contaminants.

The MOE has amended Ontario Regulation 419/05: Air Pollution - Local Air Quality (O.Reg. 419/05) to introduce new or updated air standards for eight contaminants. These decisions have been based on an extensive evaluation of the toxicological properties of these contaminants, a review of rationales for developing air criteria in other regulatory agencies and comments received from stakeholders in Ontario through the public consultation process.
The regulatory amendments include incorporation of the new or updated air standards into the appropriate schedules in O. Reg. 419/05 Decisions on the standards in Schedules 2 and 3 for the eight contaminants.

The Ministry of the Environment has made minor administrative amendments to Ontario Regulation 419/05 regarding the commencement date for the recent amendments to Schedules 6, 7 and 8 and the definition section. The new commencement date is July 29, 2011. Please see the link to e-Laws below for the administrative amendments. The remainder of the notice has not been altered.

More information may be obtained by consulting the decision notices on tne Environmental Registry by following the link provided below.
Further Information:
Proposal Number:
09-MOE010
Posting Date:
June 23, 2011
Summary of Proposal:
The MOE has identified the need to develop and update air quality standards for priority contaminants. The Ministry's Standards Plan (PA9E0004, released in October, 1996 and revised in November, 1999) identified candidate substances for the development of air standards. Priorities were identified based on a number of considerations including toxicity, the potential for exposure, and the quantity of air emissions in Ontario. The MOE is proposing to amend O. Reg. 419/05, made under the Environmental Protection Act, to introduce new or updated standards for nine (9) contaminants. Notices of Proposal to Amend Ontario Regulation 419/05 and Rationale Documents for the following nine (9) contaminants are posted:

1. Acrolein - EBR 010-6241
2. Benzene – EBR 010-7186
3. 1,3 - Butadiene - EBR 010-6214
4.Hexavalent Chromium, and Chromium and Chromium Compounds Divalent and Trivalent – EBR 010-6353
5. Dioxins, Furans and Dioxin-like PCBs – EBR 010-7193
6. Manganese and Manganese Compounds - EBR 010-6253
7. Nickel and Nickel Compounds – EBR 010-7188
8. Polycyclic Aromatic Hydrocarbons (PAHs) - EBR 010-6213
9. Uranium and Uranium Compounds – EBR 010-7192

The document entitled "Proposed Amendments to Ontario Regulation 419/05: Air Pollution - Local Air Quality to Include Air Standards for Nine Contaminants", dated July 2009, summarizes the proposed amendments that could result once final decisions on the proposed nine (9) contaminants have been made. The proposed regulatory amendments would include updates to the appropriate Schedules in O. Reg. 419/05 including Schedules 2, 3, 6 and 7. It is proposed that the regulation would specify that the amendments to specific Schedules 2 and 3 would not come into force until an appropriate phase-in period for the proposed standards had passed.

In addition to summarizing the proposed changes to the standards that would result from consultation on the nine (9) contaminants, this proposal includes a summary of amendments to Schedule 6, Upper Risk Thresholds (URTs).
Contact Address:
Gail Brown
Stakeholder Relations Officer
Ministry of the Environment
Environmental Sciences and
Standards Division
Standards Development Branch
Issues Management and Project
Coordination
40 St.Clair Avenue West
Toronto Ontario
M4V 1M2
Phone: (416) 327-5772
Effective Date:
July 1, 2011
Decision:
Approved