Regulation - LGIC
Environmental assessment requirements for advanced recycling facilities under the Environmental Assessment Act (EAA)
Regulation Number(s):
101/07
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Assessment Act, R.S.O. 1990
Summary of Decision:
The amendments include:
• new classes of thermal treatment to make it clear what types of thermal treatment would qualify as engaging in advanced recycling
• thresholds for advanced recycling that impact the EA pathway for sites of different sizes and efficiency, providing a more streamlined path for sites that recover more materials
• operational changes resulting in a new classification (crossing a weight threshold) require a thermal treatment facility engaging in advanced recycling to undergo the EA process for the proposed weight threshold
• any thermal treatment site which changes their operations to be considered a different class of thermal treatment (e.g., energy-from-waste to advanced recycling) need to go through the EA process for the proposed type of operation
• new classes of thermal treatment to make it clear what types of thermal treatment would qualify as engaging in advanced recycling
• thresholds for advanced recycling that impact the EA pathway for sites of different sizes and efficiency, providing a more streamlined path for sites that recover more materials
• operational changes resulting in a new classification (crossing a weight threshold) require a thermal treatment facility engaging in advanced recycling to undergo the EA process for the proposed weight threshold
• any thermal treatment site which changes their operations to be considered a different class of thermal treatment (e.g., energy-from-waste to advanced recycling) need to go through the EA process for the proposed type of operation
Analysis of Regulatory Impact:
The RIA analysis shows that there would be net cost savings for some proponents associated with proposed changes related to advanced recycling projects.
Further Information:
Link to Environmental Registry
Proposal Number:
22-MECP003
Posting Date:
January 17, 2022
Summary of Proposal:
Ontario is committed to supporting technologies that recover valuable resources contained in waste that are currently lost when the waste is sent to landfill. Doing so will address the issue of plastics in our environment and our diminishing landfill capacity and may help us reduce our greenhouse gas (GHG) emissions.
This proposal is associated with, but proceeding separate from, the proposal to move to a project list approach under the Environmental Assessment Act. The project list approach will better align Ontario with other jurisdictions across Canada, who use project lists to determine the types of projects that must complete an EA.
Proposed Updates
We are proposing thresholds for environmental assessment requirements for thermal treatment projects which are engaged in advanced recycling. Including:
• Developing new environmental assessment requirements for advanced recycling by introducing:
o thresholds based on tonnage treated, with an incentive of reduced burden for good performers with a high recovery rate
o an upper threshold that would require very large projects to undergo a comprehensive environmental assessment.
o an 80% recovery rate that incentivizes recovery and not disposal of waste.
• Proposing updates to Part B of the Guide to Environmental Assessment Requirements for Waste Management Projects. The updates will provide guidance on calculating a facility's expected recovery rate and requiring the rate to be included in the Environmental Screening Report for advanced recycling projects.
This proposal is associated with, but proceeding separate from, the proposal to move to a project list approach under the Environmental Assessment Act. The project list approach will better align Ontario with other jurisdictions across Canada, who use project lists to determine the types of projects that must complete an EA.
Proposed Updates
We are proposing thresholds for environmental assessment requirements for thermal treatment projects which are engaged in advanced recycling. Including:
• Developing new environmental assessment requirements for advanced recycling by introducing:
o thresholds based on tonnage treated, with an incentive of reduced burden for good performers with a high recovery rate
o an upper threshold that would require very large projects to undergo a comprehensive environmental assessment.
o an 80% recovery rate that incentivizes recovery and not disposal of waste.
• Proposing updates to Part B of the Guide to Environmental Assessment Requirements for Waste Management Projects. The updates will provide guidance on calculating a facility's expected recovery rate and requiring the rate to be included in the Environmental Screening Report for advanced recycling projects.
Contact Address:
40 St. Clair Avenue West
8th Floor
Toronto, ON
8th Floor
Toronto, ON
Effective Date:
July 1, 2022
Decision:
Approved