Regulation - LGIC
Proposed changes to how verification certificates are issued for incinerators regulated under the Nutrient Management Act, 2002 (NMA).
Regulation Number(s):
O. Reg. 106/09
Instrument Type:
Regulation - LGIC
Bill or Act:
Nutrient Management Act, 2002
Summary of Decision:
O. Reg. 106/09 has been amended to remove the reference to ETV Canada Incorporated in subsections 11(2) and 11(4). The reference to ETV Canada Incorporated has been amended to:
• Allow for an incinerator type that has been issued a verification certificate under the former ETV (Environmental Technology Verification) program established by Environment Canada.
• Allow for any incinerator type that has been issued a verification statement in accordance with the ISO 14034:2016 standard (as amended from time to time) stating it can meet the performance criteria specified in O. Reg. 106/09.
• Clarify that verification certificates or statements need only be issued once for a given incinerator type to meet the regulatory requirements (i.e., verification certificates would continue to be valid irrespective of expiry dates).
These amendments provide a viable pathway to compliance through the ISO 14034:2016 standard, as amended from time to time, while also allowing for previously issued verification certificates under the former ETV program established by Environment Canada to continue to meet the requirements of the regulation. The proposed clarification that verification certificates and statements need only be issued once for a given incinerator type aligns with the original policy intent of the regulation.
• Allow for an incinerator type that has been issued a verification certificate under the former ETV (Environmental Technology Verification) program established by Environment Canada.
• Allow for any incinerator type that has been issued a verification statement in accordance with the ISO 14034:2016 standard (as amended from time to time) stating it can meet the performance criteria specified in O. Reg. 106/09.
• Clarify that verification certificates or statements need only be issued once for a given incinerator type to meet the regulatory requirements (i.e., verification certificates would continue to be valid irrespective of expiry dates).
These amendments provide a viable pathway to compliance through the ISO 14034:2016 standard, as amended from time to time, while also allowing for previously issued verification certificates under the former ETV program established by Environment Canada to continue to meet the requirements of the regulation. The proposed clarification that verification certificates and statements need only be issued once for a given incinerator type aligns with the original policy intent of the regulation.
Analysis of Regulatory Impact:
The amendments to O. Reg. 106/09 do not introduce new compliance or administrative costs for farm operators or for incinerator manufacturers. The amendment addresses the pathway to compliance within the existing policy approach. All of the existing performance criteria and other operational requirements remain in place.
Any proposed changes to the ETV process to remove burden for the future verification of incinerators as a result of the consultations would be part of a separate Regulatory Registry posting.
Any proposed changes to the ETV process to remove burden for the future verification of incinerators as a result of the consultations would be part of a separate Regulatory Registry posting.
Further Information:
Link to Environmental Registry
Ontario Regulation 106/09 (Disposal of Dead Farm Animals)
Nutrient Management Act, 2002
Proposal Number:
23-OMAFRA015
Posting Date:
December 22, 2023
Summary of Proposal:
The Disposal of Dead Farm Animals Regulation (O. Reg. 106/09) under the NMA sets out the requirements for the disposal of dead farm animals at a farm operation. The disposal options for producers include, among others, on-farm incineration.
There are a number of regulatory requirements for using an incinerator for on-farm disposal, including that the incinerator must have a secondary combustion chamber that is capable of maintaining the gases that enter it from the primary chamber for either at least 1 second at a temperature of 1,000 degrees Celsius or higher, or at least 2 seconds at a temperature of 850 degrees Celsius or higher. To ensure proper equipment is used, the regulation currently requires that an incinerator must be of a type that has been issued a Verification Certificate by ETV Canada Incorporated certifying that it is capable of meeting these criteria.
We are proposing to update O. Reg. 106/09 because the company that is required to issue the Verification Certificate for an incinerator (ETV Canada Incorporated) no longer administers the ETV (Environmental Technology Verification) program and cannot issue the required verification.
Proposed Updates
We are proposing to amend O. Reg. 106/09 to remove the reference to ETV Canada Incorporated in Section 11(2) and Section 11(4). The reference would be replaced with:
• Changes to allow for an incinerator type that has been issued a verification certificate under the former ETV Canada program.
• Changes to allow for any incinerator of a type that has been issued a verification statement in accordance with the new ISO 14034:2016 ETV standard (as amended from time to time) stating it can meet the above-mentioned performance criteria.
• Changes to clarify that verification certificates or statements need only be issued once for a given incinerator type to meet the regulatory requirements (i.e. verification certificates would continue to be valid irrespective of expiry dates).
Use of the ETV process to verify incinerator performance.
We are interested in exploring alternatives to the ETV process for establishing incinerator performance. Obtaining a Verification Certificate through the ETV process is expensive and requires detailed technical and scientific knowledge that can make it a challenge for individual operators to use. Therefore, we are asking for input on alternatives to the ETV process, without changing the performance standards, on the following questions:
• What are the issues and barriers to obtaining performance verification through the ETV process?
• Are there particular issues and barriers for incinerator manufacturers? Are there particular issues and barriers for farm operators?
• What other types of processes/approaches are available that could provide sufficient verification of the temperature and gas retention time performance, while being less burdensome than the ETV process?
• What are the important considerations of these processes/approaches?
• What are the impacts/risks of removing or changing the current verification requirement for performance standards, given that all incinerators are required to meet the performance standards?
• How can users demonstrate compliance with the temperature and gas retention time performance requirements currently required under the regulation?
• Are there other options/opportunities that should be considered that would support streamlining verification of performance standards of on farm incinerators?
There are a number of regulatory requirements for using an incinerator for on-farm disposal, including that the incinerator must have a secondary combustion chamber that is capable of maintaining the gases that enter it from the primary chamber for either at least 1 second at a temperature of 1,000 degrees Celsius or higher, or at least 2 seconds at a temperature of 850 degrees Celsius or higher. To ensure proper equipment is used, the regulation currently requires that an incinerator must be of a type that has been issued a Verification Certificate by ETV Canada Incorporated certifying that it is capable of meeting these criteria.
We are proposing to update O. Reg. 106/09 because the company that is required to issue the Verification Certificate for an incinerator (ETV Canada Incorporated) no longer administers the ETV (Environmental Technology Verification) program and cannot issue the required verification.
Proposed Updates
We are proposing to amend O. Reg. 106/09 to remove the reference to ETV Canada Incorporated in Section 11(2) and Section 11(4). The reference would be replaced with:
• Changes to allow for an incinerator type that has been issued a verification certificate under the former ETV Canada program.
• Changes to allow for any incinerator of a type that has been issued a verification statement in accordance with the new ISO 14034:2016 ETV standard (as amended from time to time) stating it can meet the above-mentioned performance criteria.
• Changes to clarify that verification certificates or statements need only be issued once for a given incinerator type to meet the regulatory requirements (i.e. verification certificates would continue to be valid irrespective of expiry dates).
Use of the ETV process to verify incinerator performance.
We are interested in exploring alternatives to the ETV process for establishing incinerator performance. Obtaining a Verification Certificate through the ETV process is expensive and requires detailed technical and scientific knowledge that can make it a challenge for individual operators to use. Therefore, we are asking for input on alternatives to the ETV process, without changing the performance standards, on the following questions:
• What are the issues and barriers to obtaining performance verification through the ETV process?
• Are there particular issues and barriers for incinerator manufacturers? Are there particular issues and barriers for farm operators?
• What other types of processes/approaches are available that could provide sufficient verification of the temperature and gas retention time performance, while being less burdensome than the ETV process?
• What are the important considerations of these processes/approaches?
• What are the impacts/risks of removing or changing the current verification requirement for performance standards, given that all incinerators are required to meet the performance standards?
• How can users demonstrate compliance with the temperature and gas retention time performance requirements currently required under the regulation?
• Are there other options/opportunities that should be considered that would support streamlining verification of performance standards of on farm incinerators?
Contact Address:
Effective Date:
July 1, 2024
Decision:
Approved