Amendments to Ontario Regulation 153/04, Brownfields Records of Site Condition
Ontario Regulation 153/04
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Proposal:
The decision has been made to amend provisions in Ontario Regulation 153/04, under the Environmental Protection Act (EPA), related to brownfields.
Brownfields are underdeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties.
Amendments address the following areas:
1. Enhanced Record of Site Condition (RSC) Integrity:
Transparent RSC submission and filing process: All completed RSCs will be checked by the Ministry of the Environment within 30 business days. Selected RSCs will go through a desktop technical review (and a subset of these will go through a Field Review)
Environmental Site Assessment (ESA) Requirements set clear rules on minimum requirements for Phase One and Phase Two ESAs: The regulation prescribes requirements consistent with various jurisdictions including those set by Geoscience and Engineering best practices in Ontario, Canadian Standards Association, and international bodies. Key aspects of a Phase One ESA include: records review, interviews, site reconnaissance, review, evaluation and report preparation. Clear provisions for QPs and conflict of interest.
2. Streamlined Risk Assessment:
A new modified generic risk assessment (also referred to as Tier 2) provides an alternative to meeting generic standards and the traditional risk assessment process where appropriate. This streamlined approach will provide a timelier and more cost-effective option for proponents in the province.
3. Strengthened Standards
The Ministry of the Environment updated standards for approximately 120 chemicals to reflect advances in science and be consistent with those of other leading jurisdictions.
The ministry has provided a flexible approach to standards by providing several generic tables for use in various land use scenarios and physical settings and also offers the risk based alternative of developing property specific standards through risk assessment.
4. Other Improvements to O. Reg. 153/04
Other necessary technical amendments supporting implementation of the new legislation, including setting clear standards for quality of soil brought to brownfield properties.
5. Implementation and Transition
The amendments will come into force on July 1, 2011 (approximately 18 months) after the regulation is filed. For those who qualify under the transition provisions, an additional 18 months will be provided. Grandfathering will only apply to soil, ground water and sediment standards (not for the new ESA requirements).
January 13, 2010
Comments Due Date:
February 10, 2009