Regulation - LGIC

Regulatory amendments related to air emissions of sulphur dioxide and other items

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
We have updated the sulphur dioxide air standards and introduced Upper Risk Thresholds as part of the regulatory framework to better protect human health and the environment. In addition, we have clarified requirements in the regulation for assessing operating conditions with a focus on addressing emissions of contaminants during transitional operating conditions (TOC) and added a tool to require incident modelling of industrial facilities.
Analysis of Regulatory Impact:
The regulatory amendments may impact certain industrial sectors. To address these impacts, facilities or sector can consider the site-specific or technical standards compliance approaches. The site-specific standard regulatory option has been in place since 2005 and is intended to address facilities that are affected by a change in the regulation, such as new or updated air standards. The technical standard compliance approach has been in place since 2009 and is intended to deal with similar sector-wide issues. Since these are existing regulatory processes, there are no new administrative requirements for industry.
Further Information:
Proposal Number:
17-MOE026
Posting Date:
October 30, 2017
Summary of Proposal:
The Ontario Ministry of the Environment and Climate Change (ministry) is proposing to amend Ontario Regulation 419/05: Air Pollution - Local Air Quality (O. Reg. 419/05 or the "Regulation") made under the Environmental Protection Act. The proposed amendments would introduce updated air standards for sulphur dioxide and clarify the requirements for assessing operating conditions in O. Reg. 419/05.
(a) Updated air standards for sulphur dioxide
Two documents have been developed to support the proposed air standard.
The proposed regulatory amendments would include updates to the appropriate Schedules in O. Reg. 419/05 including Schedule 3, Schedule 6 and Schedule 7. It is proposed that the Regulation would specify that the amendments specific to Schedule 3 would not come into force until an appropriate phase-in date for the updated standards had passed. The phase-in period for the updated sulphur dioxide air standard is proposed to be five years. In addition to a phase-in period for the updated SO2 standards, the ministry is considering whether to apply the standards on a regional basis. Specifically, the ministry is seeking input on whether to apply the updated standards to Southern Ontario and have the current standards apply to Northern Ontario or part thereof.
(b) Clarification of the requirements for assessing operating conditions
The ministry is also proposing amendments to clarify the requirements for assessing operating conditions in O. Reg. 419/05 with a focus on addressing emissions of contaminants during transitional operating conditions (TOC) such as start-ups, shut downs and some non-routine operations. Proposed regulatory amendments would address emissions of sulphur dioxide, identified as being a key concern in regards to acute health effects, by a requirement for petroleum refineries to model emissions during acid gas flaring.
Contact Address:
Human Toxicology and Air Standards Section
40 St. Clair Ave. W., Floor 7
Toronto, Ontario M4V 1M2
(416) 3253475
Effective Date:
March 20, 2018
Decision:
Approved