Regulation - LGIC

Revocation of Ontario Regulation 153/99 - Ontario Power Generation Inc.

Regulation Number(s):
Ontario Regulation 153/99
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Proposal:
O. Reg. 153/99 sets annual emission limits for sulphur dioxide (SO2) and total nitrogen oxides (NOx) for OPG facilities in the aggregate.

Annual Emission Limits for OPG set out in Ontario Regulation 153/99:

SO2: 175 kilotonnes per year;
NOx: 61 kilotonnes per year.
The Regulation requires reports to be filed quarterly with both the Minister of the Environment and Climate Change and the Minister of Energy. These reports set out the amount of emissions of SO2 and NOx during the previous quarter for all fossil fuel-based OPG electricity generating stations to which the Regulation applies.

The Ministry proposes to revoke Ontario Regulation 153/99 for the following reasons:

1. Phase out of coal based electricity generation: The limits in the Regulation were developed between 1968 and 1994 under Ontario's Countdown Acid Rain program at a time when the emission limit set for Ontario Hydro's SO2 emissions was 390 kilotonnes per year. With Ontario's successful phase-out of coal-fired electricity generation under Ontario Regulation 496/07 - Cessation of Coal Use, emissions of SO2 and NOx from OPG facilities have decreased to the point that the emissions limits set out in Ontario Regulation 153/99 are no longer necessary; OPG's 2014 emissions of SO2 and NOx were 0.6 and 0.4 kilotonnes respectively.

2. More stringent emission limits in Ontario Regulation 397/01 - Emissions Trading (O. Reg. 397/01): The emission limits for SO2 and NOx set out in Ontario Regulation 397/01 - Emissions Trading are more stringent than those in O. Reg. 153/99, and they apply to all SO2 and NOx emitting electricity generators in the aggregate (i.e. to emissions generated by Independent Power Producers (IPPs) in addition to those of OPG).

Annual Emission Limits for the Electricity-Generating Sector, including OPG and IPPs, in Ontario Regulation 397/01:

SO2: 131 kilotonnes per year;
NOx: 41.3 kilotonnes per year.
In the event OPG's NOx and/or SO2 emissions were to increase in the future beyond the current very low levels due to increased use of non-coal fossil fuels such as natural gas, oil or biomass, MOECC still maintains a suitable regulatory and reporting tool.

3. Reporting Requirements: The reporting requirements under O. Reg. 153/99 are no longer needed because under Ontario 397/01 all SO2 and NOx emitters are required to report their emissions to the Director (MOECC) annually, and to reconcile their emissions against allowances and credits.
Further Information:
Proposal Number:
Posting Date:
September 22, 2016
Comments Due Date:
November 6, 2016