1-877-534-3371

LEHDER News

Ontario Government - Red Tape Challenge for Chemical Manufacturing

     Posted by LEHDER News on

Chemical Manufacturing Comments for Red Tape ChallengeThe Government of Ontario is soliciting feedback regarding regulations affecting the chemical manufacturing industry, based upon the Red Tape Challenge.  Comments are currently being received on 148 different regulations which affect this industry until September 30, 2017.  A report with the consultation findings will be issued on March 30, 2018.

This government initiative is intended to provide an avenue for stakeholders to provide input on existing regulations to assist with updating, improving or eliminating the regulations pertaining to the chemical manufacturing industry.

Consultation on the following regulatory categories is currently available:

Comments can be provided by selecting the category above; more information regarding this consultation is available at:

https://talks.ontario.ca/redtapechallenge/

If you do not work within this industry, the Ontario Government is still interested in comments you may have pertaining to any of the regulations listed so please feel free to participate.

For more information, please contact Marnie Freer.

Environmental Registry Decision on Updated Guidelines for the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality)

     Posted by LEHDER News on

On March 8, 2017, updated guidance documents for Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) were posted to the Environmental Registry. 

The Ontario Ministry of the Environment and Climate Change has updated guidance on technical requirements that support the ministry’s risk framework for air standards, site-specific standard, technical standards and Upper Risk Thresholds (URTs) under the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) made under the Environmental Protection Act. The web links and documents for the updated documents are provided below:

Guideline for the Implementation of Air Standards in Ontario (Guideline A-12)

Guideline for the Implementation of Air Standards in Ontario (GIASO) Guideline for the Implementation of Air Standards in Ontario (GIASO) (3619 KB)

Guide to Requesting a Site-Specific Standard

Guide to Requesting a Site-specific Standard Guide to Requesting a Site-specific Standard (1552 KB)

Guide to Applying for Registration to the Technical Standards Registry – Air Pollution


The full EBR post can be viewed here:

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTI1MDMz&statusId=MTk0OTI0&language=en

For more information on these guidance documents, please contact Marnie Freer.

Ontario's First Cap and Trade Auction Scheduled for March 22, 2017

     Posted by LEHDER News on

Aird & Berlis article on Ontario Cap and Trade Auction, March 22, 2017On February 6, 2017, the Mondaq Business Briefing posted an article written by David Stevens, Partner with Aird & Berlis LLP, in regards to the forthcoming Ontario Cap and Trade Auction of GHG Allowances.  The full post can be viewed here; the article content is also provided for you below.

The Ontario Ministry of the Environment and Climate Change has released an Auction Notice for the Ontario Cap and Trade Program Auction of Greenhouse Gas Allowances to be held on March 22, 2017. This is the first public auction to be held. It follows a "practice auction" that was held earlier in January 2017 to help registered participants in the Cap and Trade program prepare for the official auctions.

As required by the Cap and Trade Program Regulation, the Auction Notice includes details about the upcoming auction, including:

  • Timing: The March 2017 Ontario Auction #1 is scheduled to take place on March 22, 2017 from 1:00 p.m. Eastern Time (ET) until 4:00 p.m. ET (the auction bidding window). Registered participants in the Cap and Trade program can access the online Auction Platform at that time.

  • Allowances Offered for Sale: Allowances offered during an auction are created under the Ontario Cap and Trade program. Allowances offered are for the current vintage budget year (2017) or future vintage budget year (2020), where 'vintage' refers to the year for which they are created. There will be approximately 25 million current vintage allowances offered (Current Auction), along with approximately 3 million 2020 vintage allowances (Advance Auction).

  • Auction Reserve Prices: The Auction Reserve Price is the minimum price at which allowances offered in the Current Auction and Advance Auction will be sold. Bids submitted with a bid price below the Auction Reserve Price will not be accepted. The Ontario Auction Reserve Price will be determined as the higher of the most-recently published California and Québec Annual Auction Reserve Price after applying the exchange rate established for the auction. Presently, the California Reserve Price is higher, at a value of US $13.57 (applicable to both Current and Advance Allowances). The actual Auction Reserve Prices that will apply will be displayed on the Auction Platform prior to the opening of the auction bidding window.

  • Auction Application Requirements and Instructions and Schedule: There are detailed requirements for parties to apply to participate in the auction process, and to establish the required accounts (see here). The deadline to apply to participate in the first auction is February 21, 2017.

  • Auction Procedures: Participants will be able to submit bids manually and upload bid schedules in a pre-defined Excel template in the Auction Platform during the scheduled 3-hour auction bidding window. Bidders submit bids in a single-round, sealed-bid auction format. Bid quantities can only be submitted in multiples of 1,000 allowances.

The Auction Summary Results Report will be released to the public on April 3, 2017. At the same time, the auction results will be available to qualified bidders. It will be interesting to compare the results in Ontario with the auction results seen for California and Quebec (discussed in earlier posts, here and here).

For more information in regards to Ontario's Cap and Trade Program, please contact Marnie Freer.

LEHDER 2017 Regulatory Reporting and Traning Calendars Available

     Posted by LEHDER News on

LEHDER 2016 CalendarsLEHDER is pleased to provide our clients with a Regulatory Reporting Calendar for important dates to remember for Ontario Reporting requirements.

Also available are LEHDER's 2017 in-class training calendars for both Alberta and Ontario. Additional information in regards to LEHDER's regulatory training capabilities are provided on the Regulatory Training page.

 Please feel free to download the documents from the links below.

LEHDER's regulatory training sessions occur in the spring and fall.  Additionally, LEHDER hosts webinars to provide updates to regulatory changes and updates.  To view the courses available in your region, please select the applicable category below.

For more information on LEHDER's regulatory training services, please contact Mark Roehler.

Recent EBR Postings - EASR & Cap and Trade Regulatory Decisions and the Air Contaminants Benchmarks (ACB) List

     Posted by LEHDER News on

Environmental RegistrySeveral important postings have been made to the Ontario Government's Environmental Registry (EBR) recently, including regulatory decisions on the Environmental Activity and Sector Registry (EASR) and Cap and Trade Program, in addition to the release of the Air Contaminants Benchmarks (ACB) List.

Environmental Activity and Sector Registry (EASR)

On September 26, 2016, the ministry posted a proposal for a regulation on the Environmental and Regulatory Registries that would require all but high risk and more complex activities with air and noise emissions to register in the Environmental Activity and Sector Registry (EASR).

On January 4, 2017, the regulatory decision was posted to the EBR (Registry # 012-8646) to prescribe the activities noted above for the purposes of subsection 20.21 (1) of the Environmental Protection Act (EPA). The new EASR regulation made under EPA is: O. Reg. 1/17: Registrations Under Part II.2 of the Act –Activities Requiring Assessment of Air Emissions.

It is anticipated that a French version of the regulation will be available to the public in 2017. In the interim for all inquiries in French please contact Doris Dumais at (416) 327-9466 or doris.dumais@ontario.ca.

Key elements of O. Reg. 1/17 include:

  • A list of sectors, defined by the North American Industry Classification System (NAICS) codes and activities that have been deemed higher-risk or more complex and therefore are not prescribed by this EASR regulation. These higher risk sectors and activities include, for example: chemical manufacturing, cement manufacturing, mining, land disposal of waste, processing of metals outdoors etc.The requirement that assessments of discharges of contaminants from a facility to air, including noise and odour emissions, be prepared prior to registration and prior to making any modifications to confirm compliance with environmental standards and regulation requirements. These reports must be signed and sealed by a licensed engineering practitioner.
  • Operation and maintenance procedures, complaints reporting/recording requirements and record-keeping requirements.
  • The requirement for prescribed activities currently operating under an Environmental Compliance Approval (ECA) to register under the Air Emissions EASR by January 31, 2027 or before making modifications to the facility or operation of the facility.The EASR publication incorporated by reference into the regulation that outlines limits and other mandatory requirements for facilities governed by the Air Emissions EASR regulation.

In general, the requirements set out in the Air Emissions EASR regulation are similar to the current environmental standards that have, to date, been implemented through the ECA process. The new EASR regulation will help provide more certainty for businesses and encourage growth, while protecting the environment and human health.

The ministry is also currently consulting on proposed amendments to O. Reg. 524/98 that would expand the current list of exemptions from section 9 of the EPA for low-risk activities/facilities (EBR # 012-8764). 

All supporting documents and additional information can be found on the EBR post for Registry #012-8646.

Cap and Trade Program

On December 28, 2016, the regulatory decision to proceed with amendments to the greenhouse gas cap and trade program was posted to the EBR (Registry # 012-8953).  The amendments include changes to the:

  • Cap and Trade Program Regulation (O. Reg. 144/16)
  • Methodology for Distribution of Ontario Emission Allowances Free of Charge
  • Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)
  • Guideline for Greenhouse Gas Emissions Reporting


To review the full list of amendments and associated documentation, please refer to the full EBR post for Registry #012-8953.

Air Contaminants Benchmarks (ACB) List 

On January 4, 2017, a notice  was posted (Registry #012-9165) that the Ministry of the Environment and Climate Change (MOECC) has prepared a document that compiles standards, guideline values and screening levels used to assess contaminants released to air. It serves as a single reference window and replaces the following documents:

  • Summary of Standards and Guidelines sorted by Chemical Abstracts Service (PIBS # 6569e01)
  • Summary of Standards and Guidelines sorted by Chemical Name (PIBS # 6569e01)
  • Jurisdictional Screening Level (JSL) List - A Screening Tool for Ontario Regulation 419 (PIBS #: 6547e)

The ACB List is intended for use primarily by an emitter who is required to prepare an Emission Summary and Dispersion Modelling (ESDM) report in accordance with Ontario’s Regulation 419/05 Air Pollution – Local Air Quality (“the Local Air Quality Regulation” or “the Regulation”) made under the Environmental Protection Act (EPA).

The ACB List includes the following benchmarks:

  • Benchmark 1 (B1) Values: Standards and guideline values
  • Benchmark 2 (B2) Values: Screening levels

Exceedence of a B1 value triggers specific actions under the Regulation. Exceedence of a B2 value triggers a toxicological assessment to determine the potential for an adverse effect.

The introduction of the ACB List is not a new policy
. The ACB List consolidates existing standards, guidelines and JSLs into one location.  Guidance on how to use the ACB List and the list itself are available through the ministry website at the link provided here
 

MOECC Update on AERMOD/AERMET or ASHRAE Air Dispersion Models for Ontario Regulation 419/05

     Posted by LEHDER News on

MOECC Update on O.Reg. 419/05 Air Dispersion ModelsOn November 23, 2016, the MOECC posted an update in regards to the AERMOD/AERMET or ASHRAE air dispersion models; the Ministry will not be adopting updated versions of the AERMOD/AERMET or ASHRAE air dispersion models in April 2017.  Accordingly, the approved versions of these models under O.Reg. 419/05 adopted on November 2, 2015 will remain unchanged. 


An excerpt providing a summary from the November 2, 2015 EBR Registry Number 012-5177 notice follows.

Air dispersion models are mathematical tools used to assess point of impingement concentrations that are then compared to ministry air standards and guidelines. A point of impingement is the point at which a contaminant contacts the ground or a building.

This notice is to inform the regulated community and the public that the MOECC is adopting updated approved air dispersion models under O.Reg. 419/05. Adoption of the updated models will take effect upon publishing of this notice.


Section 6 of O.Reg.419/05 provides a list of approved dispersion models for use in assessing compliance with air standards or site-specific standards under the regulation, including the AERMOD dispersion model and the ASHRAE method of calculation. Section 13(1) of O.Reg.419/05 approves the use of meteorological data processed by the AERMET computer program with the AERMOD dispersion model.

The previously adopted versions of these models were:

  • The US EPA AERMOD dispersion model (version 07026) used in conjunction with the AERMET meteorological preprocessor (version 06341).
  • The method of calculation for same structure contamination described in Chapter 44 (Building Air Intake and Exhaust Design) of the 2007 ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE).

The MOECC has now replaced the previously approved versions of these models under O. Reg. 419/05 (listed above) with the following updated model versions:

  • AERMOD dispersion model version 14134 (version date May 14, 2014) used in conjunction with AERMET meteorological pre-processor version 14134 (version date May 14, 2014), and
  • ASHRAE method of calculation described in Chapter 45 (Building Air Intake and Exhaust Design) of the 2011 ASHRAE Handbook – HVAC Applications.

The approved dispersion models and Ontario Regional Meteorological data sets that have been reprocessed with AERMET 14134 (version date May 14, 2014) are available through the Ontario government website (MOECC Website on Local Air Quality). 


For more information please refer to EBR Registry Number 012-5177.  To determine what impact this may have on your facility, please contact Penny McInnis.


Recent EBR Posts of Importance - GHG, Air Zone Delineation and O. Reg. 419/05 Technical Standards

     Posted by LEHDER News on

Recent EBR Posts for GHG and O. Reg 419Several recent updates to the Ontario Environmental Registry have been posted, including proposals with active comment periods and some major decisions.

The proposals recently posted regarding Greenhouse Gas (GHG) include the Climate Change Mitigation and Low-Carbon Economy Act, 2016 and Cap and Trade Regulatory Proposal and Revised Guideline for Greenhouse Gas Emissions Reporting.  The MOECC has also posted the final policy decision notice for the Delineation of ON Air Zones on March 9, 2016.

Proposals and final policy decisions for O. Reg. 419/05 Technical Standards for various industrial sectors were also posted on March 9, 2016, including:

Overviews of all recent postings, including applicable links, are outlined below.

Climate Change Mitigation and Low-Carbon Economy Act, 2016 

Ontario is proposing to implement the Climate Change Mitigation and Low-Carbon Economy Act, 2016 (Bill).  The purpose of this Act is to:

(a) to reduce greenhouse gas in order to respond to climate change, to protect the environment and to assist Ontarians to transition to a low-carbon economy; and

(b) to enable Ontario to collaborate and coordinate its actions with similar actions in other jurisdictions in order to ensure the efficacy of its regulatory scheme in the context of a broader international effort to respond to climate change.

The Bill outlines provisions under two main areas:

1. Emissions reduction targets and action plans, and

2. The cap and trade program and use of proceeds.

The proposed Bill was posted to the EBR on February 24, 2016 and the comment period is open until March 25, 2016. The full EBR post, including comment submission information, can be viewed below.  Also provided is a link to the draft Bill.

EBR Registry Number 012-6844

Bill 172, Climate Change Mitigation and Low-Carbon Economy Act, 2016 (Draft)

Cap and Trade Regulatory Proposal and Revised Guideline for Greenhouse Gas Emissions Reporting

Ontario is proposing to implement a greenhouse gas cap and trade program. A cap and trade program effectively reduces the amount of greenhouse gas pollution going into our atmosphere by setting a limit on emissions, rewarding innovative companies, providing certainty for industries, and creating more opportunities for investment.

The Ministry is now posting:

1. A regulatory proposal for a cap and trade regulation, which includes an appendix presenting detailed technical information for the distribution of allowances to eligible capped emitters for the first compliance period, details related to early reduction credits, and an overview of complementary amendments for the reporting regulation and incorporated guideline to support implementation of the cap and trade program. Following the 45 day consultation period, comments received will be considered and the content of this document, including the grey shaded boxes in the draft regulation, will be revised accordingly and integrated into the final cap and trade regulation.

2. A revised Guideline for Greenhouse Gas Emissions Reporting. 

The proposal has been posted for a 45 day public review and comment period starting February 25, 2016, with comments due by April 10, 2016.  Please find links to the EBR posting and applicable documents below.

EBR Registry Number 012-6837

Draft Cap and Trade Regulation (PDF download)

Revised Guideline for Greenhouse Gas Emissions Reporting (PDF download)


Delineation of ON Air Zones

Ontario is implementing the Air Quality Management System (the System) a flexible cross-Canada framework developed through the Canadian Council of Ministers of the Environment. The System is a comprehensive approach consisting of an interconnected set of drivers and mechanisms to achieve continuous improvements to overall air quality using an all sources approach.

Under the System, provinces and territories may delineate and manage air zones in a manner best suited to the environmental conditions and regional/local circumstances.

Ontario has finalized its decision to delineate its air zones consistent with the policy proposal posted for public consultation in June 2015.

Air Zone 1 - Areas with limited pollution from either point or non-point sources or transboundary influence; where air quality management activities are focused on maintaining good air quality.

Air Zone 2 - Areas under pressure from multiple sources including some or all of the following: non-point sources, smaller point sources, individual large industrial point sources, transboundary influences; where air quality management activities are focused on multiple broad-based initiatives targeting many sources.

Air Zone 3 - Areas with a concentration of large industrial sources; where air quality management activities are focused on the abatement of local industrial emissions as well as non-industrial sources.

The EBR policy decision was posted on March 9, 2016.  Links to the post as well as information pertaining to this decision follow.

EBR Registry Number 012-4347

Description and Map of Air Zones (PDF download)


O. Reg. 419/05 Technical Standards

Several proposals and policy decisions regarding several industry specific under the Local Air Quality Regulation, O. Reg. 419/05 were posted to the EBR on March 9, 2016.

The primary objectives of a technical standard, under Ontario’s Local Air Quality Regulation, is to include requirements for the implementation of best available air pollution control. This will lead to modernization of operations and minimizing air pollution. In practical terms, a technical standard provides a prescriptive set of air pollution control requirements that focus on key contributors to off-site concentrations of priority air toxics.  Details on the proposals and policy decisions posted on March 9, 2016, follow.

Petroleum Refining

This proposal is to develop a Technical Standard under the local air quality regulation for the petroleum refining industry.  A full summary of the proposed requirements can be viewed in the EBR post; links to additional information are also included below.  A 90 day comment period is open until June 7, 2016, on this proposal.

EBR Registry Number 012-6857

Draft Rationale Report for Petroleum Refining Sector (PDF download)

Draft Petroleum Refining - Industry Standard (PDF download)

Petrochemical

This proposal is to develop a Technical Standard under the local air quality regulation for the petrochemical industry sector.  A full summary of the proposed requirements can be viewed in the EBR post; links to additional information are also included below.  A 90 day comment period is open until June 7, 2016, on this proposal.

EBR Registry Number 012-6859

Draft Rationale Report for Petrochemical Sector (PDF download)

Draft Petrochemical - Industry Standard (PDF download)

Foundries

The MOECC has amended the existing Foundries – Industry Standard (FIS), which is contained in the ministry’s “Technical Standard Publication” (see EBR # 010 -6588) and was published in 2009. A technical standard is a technology-based compliance approach designed for two or more facilities in a sector that are not able to meet one or more air standards due to technical or economic limitations.

Since 2009, the sector, as represented by the Canadian Foundry Association, requested an update of this technical standard to include additional contaminants. The 2009 version of the FIS allowed for registration of up to 111 contaminants, whereas this amendment now includes an additional 195 contaminants, totaling 306 contaminants available for registration. The registration of all of a foundry’s contaminants could eliminate the need for an annual Emission Summary and Dispersion Modelling (ESDM) report thereby reducing the regulatory burden for these small to medium sized enterprises (SMEs). Provisions in the technical standards will ensure that environmental performance in managing the releases of these contaminants is maintained.

EBR Registry Number 012-3538

Rationale Report - Foundries Industry Standard (Amendments) (PDF download)

Metal Finishers

In 2011, the Canadian Association for Surface Finishing (CASF) approached the MOECC with a request to develop a proposed Technical Standard under the Local Air Quality Regulation (O. Reg. 419/05) for chromium compounds (hexavalent forms) and nickel and nickel compounds. Air standards for both of these contaminants will come into effect July 2016.  

As a result of the consultation of this proposal, there are 2 significant additions to the Metal Finishers - Industry Standard:

Multi-tenant Buildings:

Facilities that operate in multi-tenant buildings will now have the option to use both a fume suppressant or wetting agent and an air pollution control device with local exhaust ventilation to minimize emissions or to replace make-up air filters, as per the original proposal.

Maintaining Negative Building Pressure:

Maintaining a negative pressure in key areas of the building will minimize fugitive emissions and improve the capture efficiency of the fume hoods so as to improve the control of emissions from processes in the building. The original proposal required facilities to maintain a negative pressure in the metal finishing tank areas and to assess this by maintaining a table of air flows entering and exiting the facility or area. Any facility will now have the option to either maintain a table of these air flows or to measure building pressure differential in 30 minute block averages. If the building pressure differential over a 30 minute block average is positive, facilities must make operational adjustments to self-correct. If there is a second measurement of a 30 minute block average showing positive pressure in the same day, this would be considered non-compliance and the facility is required to notify the ministry at the end of the calendar day of all the positive 30 minute block averages of the calendar day.

A summary of the policy decision as well as applicable documents can be viewed using the links below.

EBR Registry Number 012-3610

Rationale Report - Metal Finishers - Industry Standard (PDF download)


For more information in regards to the above policy proposals and decision or O. Reg. 419/05 information, please contact Marnie Freer.

LEHDER To Host AWMA Breakfast Series January 19, 2016

     Posted by LEHDER News on

AWMA Ontario SectionLEHDER is pleased to be hosting the AWMA Breakfast series on Tuesday, January 19th, 2016. Eric Loi, a Senior Engineer Industrial Specialist from the Air Policy Instruments and Program Design Branch of the MOECC will be presenting on the Recent amendments to the Greenhouse Gas Emission Reporting Regulation to Support Cap and Trade

The Sarnia Breakfast will teleconference into the session taking place in Toronto.  

TIMES:
Sign-In and Breakfast - 7:30 A.M. (Please email us with any food allergies or restrictions prior to January 14, 2016.)
Presentation - 8:00 A.M. until 9:00 A.M.

LOCATION:  COSTS: 
 
LEHDER Environmental Services Limited
Suite 210, 704 Mara Street
Point Edward, Ontario
N7V 1X4
Contact: Unam Ejaz
Tel: 519-336-4101 ext 298
$30 AWMA Member
$40 Non-member
$10 AWMA Student Member
$15 Student Non-Member
$5 No prior notification surcharge

REGISTRATION:

Please register via the AWMA website:

http://awma.on.ca/sbsregistration

Online registration requires payment via Paypal.   You may also pay cash at the door; funds will be forwarded to AWMA and a receipt will be provided.  To prevent the "$5 no prior notification surcharge" please email us if you are attending so the necessary arrangements can be made.

 

LEHDER Annual Regulatory & Training Calendars Available

     Posted by LEHDER News on

LEHDER 2016 CalendarsLEHDER is pleased to provide our clients with a Regulatory Reporting Calendar for important dates to remember for Ontario Reporting requirements.

Also available are LEHDER's 2016 in-class training calendars for both Alberta and Ontario. Additional information in regards to LEHDER's regulatory training capabilities are provided on the Regulatory Training page.

 Please feel free to download the documents from the links below.

LEHDER's spring regulatory training sessions begin in March - to view the courses available in your region, please select the appropriate province below.

For more information in regards to LEHDER's regulatory training capabilities, please contact Mark Roehler.


MOECC Adopts Updated Air Dispersion Models for Ontario Regulation 419/05

     Posted by LEHDER News on

MOECC Air Dispersion Model UpdatesOn November 2, 2015, the MOECC published the notification of the adoption of updated approved air dispersion models under O.Reg.419/05 to the EBR (Registry # 012-5177).  The use of these updated air dispersion models is effective immediately.

The MOECC has replaced existing approved modeling versions under O. Reg. 419/05 as follows:

1.    AERMOD dispersion model version 14134 (version date May 14, 2014) used in conjunction with AERMET meteorological pre-processor version 14134 (version date May 14, 2014)

REPLACES - AERMOD dispersion model (version 07026) used in conjunction with the AERMET meteorological preprocessor (version 06341).

2.    ASHRAE method of calculation described in Chapter 45 (Building Air Intake and Exhaust Design) of the 2011 ASHRAE Handbook – HVAC Applications.

REPLACES  - the method of calculation for same structure contamination described in Chapter 44 (Building Air Intake and Exhaust Design) of the 2007 ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE).

To view the full EBR posting of these updates, please click here.

For more information on how these updates may impact your facility, please contact Penny McInnis.