Regulatory proposal to require eligible activities with air and/or noise emissions to register on the Environmental Activity and Sector Registry (EASR).
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
On September 26, 2016, the ministry posted a proposal for a regulation on the Environmental and Regulatory Registries that would require all but high risk and more complex activities with air and noise emissions to register in the Environmental Activity and Sector Registry (EASR). A decision has been made to prescribe the activities noted above for the purposes of subsection 20.21 (1) of the Environmental Protection Act (EPA). The new EASR regulation made under EPA is: O. Reg. 1/17: Registrations Under Part II.2 of the Act -Activities Requiring Assessment of Air Emissions.
Key elements of O. Reg. 1/17 include:
- A list of sectors, defined by the North American Industry Classification System (NAICS) codes and activities that have been deemed higher-risk or more complex and therefore are not prescribed by this EASR regulation. These higher risk sectors and activities include, for example: chemical manufacturing, cement manufacturing, mining, land disposal of waste, processing of metals outdoors etc.
- The requirement that assessments of discharges of contaminants from a facility to air, including noise and odour emissions, be prepared prior to registration and prior to making any modifications to confirm compliance with environmental standards and regulation requirements. These reports must be signed and sealed by a licensed engineering practitioner.
- Operation and maintenance procedures, complaints reporting/recording requirements and record-keeping requirements.
- The requirement for prescribed activities currently operating under an Environmental Compliance Approval (ECA) to register under the Air Emissions EASR by January 31, 2027 or before making modifications to the facility or operation of the facility.
- The EASR publication incorporated by reference into the regulation that outlines limits and other mandatory requirements for facilities governed by the Air Emissions EASR regulation
September 26, 2016
Summary of Proposal:
On June 30, 2016 the ministry posted a technical discussion paper to the Environmental and Regulatory registries (012-7954) for 60 days to gather comments on a proposal outlining changes to the current air and noise approvals process. After a review of the comments received, the ministry is proposing draft regulations that would move eligible activities that discharge air and/or noise emissions to the Environmental Activity and Sector Registry (EASR) registration framework.
The ministry is now seeking input on:
• a proposed new EASR regulation for activities with air and noise emissions
Key elements of the proposed regulation for EASR eligible activities include:
• eligibility criteria, including a list of ineligible activities based on North American Industry Classification System (NAICS) codes. This ensures that activities with air and noise emissions that may pose a higher risk to human health and the environment, require specific operating requirements and/or are more complex to assess are ineligible for EASR registration and continue to be reviewed through the existing ECA process;
• the requirement that, prior to registration and prior to making any modifications, assessments of any air, noise or odour emissions from the facility are completed by a licensed engineering practitioner to confirm compliance with environmental standards and guidelines; and
• additional requirements including: operation and maintenance, complaints reporting, record keeping and updating requirements
Senior Program Advisor
Ministry of the Environment and Climate Change
Environmental Programs Division
Modernization of Approvals Branch
135 St. Clair Avenue West
Phone: (416) 325-7578
January 31, 2017