Regulation - LGIC

Proposal to amend Ontario Regulation 419/05: Air Pollution - Local Air Quality under the Environmental Protection Act.

Regulation Number(s):
Ontario Regulation 419/05
Ontario Regulation 516/07
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
The Ontario Ministry of the Environment (MOE) has amended Ontario Regulation 419/05: Air Pollution - Local Air Quality (O. Reg. 419/05) to introduce 19 new or updated standards for 14 substances.

The regulatory amendments include: incorporation of the new or updated standards into the appropriate schedules in O. Reg. 419/05 including updates to Schedules 1, 2, 3, 6 and 7. Schedule 4 has also been updated by removal of the Foundry Sector (3315) which is already listed in Schedule 5 (as part of 331). New or more stringent air standards will be phased in by February 1, 2013, with the exception of Lead which is being phased in February 1, 2010.

The regulatory amendments also include an update of the regional meteorological data and regulatory air dispersion models; update to opacity requirements; support the consideration of locations where human activities regularly occur when assessing compliance for odour based standards (measurement only); and administrative amendments to ensure clarity for compliance and enforcement purposes.

In addition, consequential amendments to other regulations resulted from these amendments to O. Reg. 419/05 including:
- Amendments to the O. Reg. 681/94: Classification of Proposals for Instruments to add any new Class II instruments created by these proposed amendments to O. Reg. 419/05 that would require public consultation;
- Revocation of Ontario Regulation 337: Ambient Air Quality Criteria (after one year) which contains unenforceable Ambient Air Quality Criteria.
Note: MOE intends to publish a list of Ambient Air Quality Criteria (AAQCs) to replace O. Regulation 337.
Further Information:
Proposal Number:
07-MOE005
Posting Date:
April 10, 2007
Summary of Proposal:
The Ontario Ministry of the Environment (MOE) is proposing to amend Ontario Regulation 419/05: Air Pollution - Local Air Quality (O. Reg. 419/05) to introduce new or updated standards for 15 substances. The proposed regulatory amendments include: incorporation of the proposed new or updated standards for 15 substances into the appropriate schedules in O. Reg. 419/05 including updates to Schedules 1, 2, 3, 6 and 7 (Schedules 4 and 5 are also updated). The proposed amendments to the regulation specify that the amendments to the schedules would not come into force until an appropriate phase-in period for the new or updated proposed standards had passed.

The proposed amendments also consider proposed regulatory amendments to update the regional meteorological data and regulatory air dispersion models; update to opacity requirements; support the consideration of location when assessing compliance for odour-based standards (measurement only); and administrative amendments to ensure clarity for compliance purposes.

In addition, the Ministry is proposing consequential amendments to other regulations that could result from these proposed amendments to O. Reg. 419/05 including:

- Proposed amendments to the O. Reg. 681/94: Classification of Proposals for Instruments to add any new Class II instruments created by these proposed amendments to O. Reg. 419/05 that would require public consultation;
- Proposed amendments to update Ontario Regulation 337: Ambient Air Quality Criteria to reflect appropriate updated Ambient Air Quality Criteria (AAQC) that are used for the assessment of general air quality (but not for compliance assessments under O. Reg. 419/05).
Contact Address:
Catherine Grant
Engineering Specialist, Air Standards & Risk Management
Ministry of the Environment
Standards Development Branch
40 St. Clair Avenue West
Floor 7th
Toronto Ontario
M4V 1M2
Phone: (416) 327-6600
Fax: (416) 327-2936
Effective Date:
August 31, 2007
Decision:
Approved