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• Reporting
• Integration with NPRI reporting
• Regulation and guideline
• Quality of data
• Public awareness
• Substances and thresholds
• General

Reporting 

1. What types of sources are subject to O.Reg.127/01?

   If facilities in both large industrial sectors (Classes A and B) and small industrial sectors (Class C) meet the reporting requirements, they are subject to the regulation. Electric power generation facilities are Class A. Iron and steel manufacturing, petroleum refiners and chemical manufacturing are examples of Class B sectors. Bulk dry cleaners, waste management services and auto body repair services are examples of Class C sectors.

   For a list of sectors belonging to classes A, B and C refer to Table 1 of the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge.

2. What substances are expected to be reported?

   The contaminants covered by O.Reg.127/01 are listed in Tables 2A, 2B and 2C in the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge (Step by Step Guide).

   The Ministry of Environment and Energy (MOEE) recognizes that different facilities will generate different emissions and does not expect that every owner and operator of a facility will have to calculate and report on every contaminant listed in Tables 2A, 2B and 2C.

   To assist facilities in determining what contaminants might be emitted, the owner and operator of a facility can be guided by Appendices B, C and D of the Step by Step Guide. These appendices provide lists of contaminants commonly associated with fuel combustion processes (Appendix B), solvent evaporation processes such as painting (Appendix C) and process emissions specific to relevant industrial sub-sectors (Appendix D). Also, additional contaminants are reportable if the owner and operator of a facility reported the contaminants to the NPRI as a release to air, even though they are not listed in Appendices B, C or D.

3. What are the reporting criteria related to the contaminants listed under O.Reg.127/01?

   The regulation has reporting criteria for various contaminants. If the reporting criteria are met, then emission estimates must be made or monitoring systems must be in place. If these emission estimates or monitoring systems indicate emissions exceed defined thresholds then reports must be filed. See Sections 3, 4 and 5 of the "Airborne Contaminant Discharge - Monitoring and Reporting" regulation.

4. When are emission data to be reported?

   All reporting facilities are required to report annual and smog season emissions each year by June 1 for the preceding year's data.

   The due date for reporting from facilities in Classes A and B on annual and smog season emissions for 2001 is June 1, 2002. The due date for reporting from facilities in all sectors (Classes A, B and C) on annual and smog season emissions for 2002 is June 1, 2003.

   Emitters must file quarterly reports on SO2 and NOx using an emission monitoring system within 60 days after the end of each quarter.

5. How are emissions estimated?

   There are several methodologies available for calculating air emissions from processes at the facility. The emission estimation methods to be used are dependent upon the available data.

   Emission Estimation Methods:

   • Continuous Emission Monitoring System (CEMS)
   • Predictive Emission Monitoring (PEM)
   • Source Testing
   • Mass Balance
   • Emission Factors
   • Emission Estimation Model
   • Engineering Calculation

   Please refer to the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge for information on which emission calculation methods are appropriate for specific processes.

6. How should VOC emissions be reported?

   For reporting of VOC emissions under O.Reg.127/01, MOEE only expects one VOC emission value to be reported should the reporting threshold be exceeded. VOC is listed as a contaminant in Table 2A. The methods that can be used to estimate contaminant emissions are outlined in Sections 3 and 4 of the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge. VOC emissions can be estimated using a VOC emission factor which will provide a single VOC emission value.

   However, if a facility has VOC emissions broken down into types or operational information that will allow it to estimate emissions of VOC types, the facility can total these emissions of VOC types into a single VOC emission value.

7. How will the data be reported to the public?

   Industry is responsible for making the data available to the public. However, the ministry has developed this Web site, which provides public access to the reported emission data.

8. What use will be made of the eight months of data that will be reported for 2001?

   The eight months of data will provide MOEE with valuable information on air emissions, including the emissions of SO2, NOx, CO, PM, PM2.5, PM10 and VOC for the smog season (May 1, 2001 to September 30, 2001).

9. Does the data to be collected under O.Reg.127/01 duplicate data required to be collected under a Certificate of Approval (C of A)?

   O.Reg.127/01 focuses on annual and smog season air emissions (total loadings) to the environment rather than short time frame (half hourly) rates of emissions which are regulated through Cs of A.

   Data submitted in support of a C of A provides information on whether air standards set out in O. Reg. 346 will be met. Cs of A are designed to protect the public from local air quality effects and exposure to contaminants. Companies may be required to submit specific information to a ministry District Office as per condition(s) of the C of A.

   While much of the information in the C of A process is useful in preparing inventories, the emission information relating to long-term regional programs is not available through this process. O.Reg.127/01 will provide total emissions to the environment, which MOEE requires for program development.

10. Since a continuous emission monitoring system (CEMS) is not mandatory under O.Reg.127/01,why is there a guide provided for it?

    CEMS is not mandatory for reporting under O.Reg.127/01. CEMS is one of the suite of methods that can be used for the emission monitoring system for reporting.

11. Will emergency generation units that run infrequently be included in the calculation of the one megawatt (MW) threshold to determine if you are a power generator?

    Yes, emergency generation that runs infrequently is included in the calculation of the one MW threshold.

12. Does this regulation cover emissions from landfills?

    Landfills (i.e., NAICS 562110 Waste Collection and 562210 Waste Treatment and Disposal) are subject to this regulation if they meet the reporting requirements and exceed the thresholds.

13. Will those reporting their emissions have to pay a fee for reporting?

    MOEE is not levying fees at this time, but will consider it if it's necessary to support Web-based reporting by industry and Web-based access to the data by the public.

Integration with NPRI reporting 

14. How is this regulation harmonized with the existing federal National Pollutant Release Inventory (NPRI)?

    The emission reporting program is harmonized with the NPRI to include the same suite of estimation methods, the same reporting thresholds for the 266 substances in the NPRI program and the same reporting dates.

    If a person is required to provide the federal Minister of the Environment with information on the release from a facility into the air for a contaminant listed in Table 2C to the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge, the person shall send a copy of that information to the Director of the ministry's Environmental Monitoring and Reporting Branch at the same time.

    MOEE and Environment Canada have initiated a three-year pilot study project to work towards further integrating the federal and provincial emissions inventory programs, reporting and substance lists. A goal of the pilot study is to provide facilities in Ontario with a single set of criteria for reporting each substance and a common format for reporting, as well as one-window reporting.

    The NPRI does not include criteria air contaminants and greenhouse gases (e.g. NOx, SO2, CO2) that contribute to smog, acid rain and climate change. Ontario's monitoring and reporting program does, and goes beyond the NPRI in other key areas:

    • The NPRI has taken up to two years to make information public. Ontario's program will provide the public with immediate access to the information.
    • The Ontario regulation will see more facilities reporting than under NPRI. In the first year, approximately 2,000 facilities reported. Additional facilities will begin reporting in the second year.

15. How are you going to harmonize with NPRI on the substance list and thresholds?

    MOEE and Environment Canada will undertake a joint pilot study. One of the objectives of this pilot study is to harmonize the substance list and reporting thresholds between the NPRI and O.Reg.127/01 through a multi-stakeholder workgroup.

16. Will MOEE reporting program change if the NPRI program changes?

    Currently, MOEE requires facilities to provide it with copies of the air releases reported as part of NPRI reporting. MOEE will work co-operatively with Environment Canada to determine what changes need to be made to either reporting program to meet the goals of the pilot study.

    Collecting and analyzing emissions data and sources of common concern will help determine whether substances need to be added and whether the reporting thresholds are effective. As a result of this analysis, proposals for amending the NPRI will be submitted through the NPRI modification process. Similarly, MOEE would use this information to modify its regulation.

Regulation and guideline 

17. Who is responsible for monitoring emissions under the regulation?

    Industry is responsible for monitoring emissions. As of May 1, 2001 emission monitoring and reporting was required for facilities in many industrial, institutional, commercial and municipal sectors (Class A and B) that meet the reporting requirements set out in O.Reg.127/01. Reporting for the Electricity Generation Sector (Class A) began in 2000 under the former Regulation 227/00. The monitoring and reporting period for the balance of the sectors (Class C) began January 1, 2002. The air emissions reports will be required annually for the calendar year and for Ontario's smog season (May 1 to September 30).

18. How does O.Reg.127/01 define a facility?

    A facility includes all buildings, equipment, structures and stationary items, such as surfaces and storage piles, that are (a) located on a single site or (b) are located on two or more contiguous or adjacent sites that are owned or operated by the same person and function as a single integrated site.

19. How does the ministry define small and large emitting sectors for the purpose of the regulation?

    Large emitting sectors are defined as those that typically emit more than a total of 900 tonnes annually of any combination of oxides of nitrogen, sulphur dioxide, carbon monoxide, particulate matter and volatile organic compounds emissions. The large facilities in these sectors currently report under the federal regulation.

20. Do facilities need to report only the point emissions or fugitive emissions as well?

    Facilities meeting the reporting requirements need to report both point emissions and fugitive emissions under the regulation.

    Fugitive emissions are the total of all emissions to air that are not emitted through confined process streams. These emissions include: equipment leaks from valves, pump seals, flanges, compressors, sampling connections, open-ended lines, etc.; evaporative losses from surface impoundments and spills; emissions from building ventilation systems; and any other fugitive or non-point air emissions from land treatment, mine tailings, storage piles, road dust, etc.

    Point emissions are total air emissions from stack or point sources including stacks, vents, ducts, pipes or other confined process streams. Emissions to air from pollution-control equipment generally fall into this category.

21. Will insignificant sources within the facility need to be accounted for?

    Persons reporting under this regulation are expected to use due diligence to comply with the requirements of the regulation. For the purpose of reporting under this regulation, it is intended that for, any given contaminant with emissions that are equal to or greater than the reporting threshold, at least 95 percent of the total facility emissions are accounted for.

22. What is the difference between the screening criteria in Section 3 of O.Reg.127/01 and reporting thresholds?

    Section 3 of O.Reg.127/01 outlines the screening criteria (but not the contaminant reporting thresholds) for Table 2A substances to determine whether a facility should proceed to calculate its emissions. These screening criteria are outlined in Section 2 of the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting. Should a facility meet one of these criteria, then the facility is required to calculate emissions for Table 2A substances.

    These screening criteria are not the same as the contaminant reporting thresholds which are listed in Table 2A of the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting.

    A facility has to report the emissions of the contaminants only if their respective contaminant reporting thresholds for Table 2A substances are exceeded.

    If a facility meets the screening criteria for Table 2A substances but does not meet or exceed the contaminant reporting thresholds, the facility is not required to report the contaminant emissions. However, the facility is required to indicate that the emissions are below the contaminant reporting thresholds.

23. What is a discharge unit?

    O. Reg 127/01 defines"discharge unit" as "a device, or group of devices that operate together in such a manner that one device cannot function independently of the other devices in the unit, and that discharges or has the potential to discharge a contaminant into the air".

    The definition of discharge unit relates only to the functioning of equipment and does not relate to whether or not the production process can be completed when a discharge unit is shut down.

    For example, a facility that requires a two step sequence to manufacture widgets, Process A and Process B, would be considered to have 2 separate discharge units if the equipment associated with process A can still function independently when the equipment associated with process B is turned off, and vice versa. There are two discharge units even though Process A or B on its own is not sufficient to manufacture a widget.

24. Why has the name plate capacity changed from 25 megawatt (MW) for the discharge unit in O.Reg.227/00 to 73 MW in O.Reg.127/01?

    The name plate capacity of 25 MW for the discharge unit under O.Reg.227/00 refers to the electricity output, whereas the 73 MW refers to the total energy input per discharge unit under O.Reg.127/01. This is required because O.Reg.227/00 has been extended to include other sectors which may not generate electricity but have significant energy inputs to their processes. The 73 MW energy input value is derived by dividing the 25 MW electrical output value by the efficiency of the generation unit.

25. Does the 73 MW total energy input apply to the individual discharge unit(s) or to the whole facility?

    The 73 MW total energy input applies to the individual discharge unit(s).

26. Why isn't continuous emissions monitoring the required system for the electricity and other large sectors?

    Accurate and effective scientific data can be obtained through several other methods of emissions monitoring. The regulation stipulates that the alternative methods to continuous emissions monitoring can be used if they have accuracy typically obtained through source testing conducted in accordance with the Ontario Source Testing Code, or better.

27. Are industries expected to determine the emissions from vehicles?

    Mobile emissions within the facility are not included in this regulation (defined as emissions from non-stationary sources). Tailpipe emissions from cars are not included in this regulation. However, road dust from the movement of the vehicles is included.

28. What does "where applicable" mean as stated in Tables 7 and 8 of the "Step By Step guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge" ("the Step by Step Guide")?

    Tables 7 & 8 of the Step by Step Guide set out a variety of record keeping requirements for annual and quarterly reporting, respectively. Records are to be made of the listed parameters in these tables where applicable. This means that if a listed parameter was used for emission estimation, the relevant information must be recorded.

    If a listed parameter is not recorded, the facility owner and operator should be prepared to demonstrate (keeping in mind the due diligence clause listed in the Step by Step Guide) that the particular parameter was not used to estimate emissions.

Quality of data 

29. What is the data verification process? How will a comprehensive and quality database be ensured?

    If a facility is required to report emission data under the regulation, then the facility is responsible for the quality of the data and must ensure that the data have undergone quality assurance and control. The ministry will review estimation techniques to ensure organizations are providing reliable data.

30. Will MOEE audit the data reported by the facilities?

    Yes, MOEE will audit the data, and facilities are required to keep the data for seven years.

Public awareness 

31. Who will provide answers to questions from the public on the reported emission data?

    It is the responsibility of the reporting facilities in Ontario to provide their information to the public and to answer questions from the public related to their reported emission data.

32. What data will the public have access to?

    The annual, smog season and quarterly emission reports will be made available to the public. The public will be able to examine different combinations of data using the Web site.

33. How will MOEE deal with confidential data provided by emitters in relation to their reporting requirements?

    The intent is that only the emissions data will be made available to the public. Confidential company data will remain on-site for record keeping, which MOEE can access for audit purposes.

    Confidential data will not be provided to the public.

Substances and thresholds 

34. Will a mechanism/process be created for adding and deleting substances, and for refining substances and thresholds?

    Yes. A multi-stakeholder group has been established to advise MOEE on improving the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge. MOEE and Environment Canada have proposed a three year pilot study to further harmonize the substance list and reporting thresholds between O.Reg.127/01 and the NPRI.

35. How can double counting for various reported substances be avoided (e.g., VOC, xylene, mineral spirits and glycol ethers)?

    The guideline document states that "The list of 358 contaminants includes both individual contaminants (e.g., toluene) as well as contaminant groups/compounds (e.g., VOC). The public should exercise caution in aggregating contaminant emissions. For example, toluene emissions should not be added to total VOC emissions since the total VOC value should already include toluene. Similar caution should apply to other contaminant groups/compounds such as xylene, mineral spirits, glycol ethers, dioxins and furans."

36. How are emissions of xylene (mixed isomers) and emissions of individual xylene isomers (m-xylene, o-xylene, p-xylene) to be reported under O.Reg.127/01?

    Emissions of individual isomers of xylene, listed in Table 2B (m-xylene, o-xylene, p-xylene), are to be reported individually if a facility uses xylene isomers individually. If xylene (mixed isomers) listed in Table 2C is used, emissions for that contaminant will be reported.

37. Why is the reporting threshold for HFC134a so low?

    The 10 kilogram threshold for HFC134a is necessary to capture typical point source emissions of this substance. Also, please note that the discharge of refrigerant HFC 134a is prohibited under O.Reg. 189/94.

General 

38. Where can I obtain a copy of either O.Reg. 227/00 or O.Reg.127/01, as well as their associated documents?

    Documents can be obtained by giving the title and publication number of the document through the "feedback" function on the MOEE website at: http://www.ene.gov.on.ca

39. Will MOEE provide training workshops to industry on emission estimation and reporting? If so, when will the training workshops be made available?

    MOEE has held training workshops for O.Reg.127/01. If more training sessions are desired, companies should contact MOEE.

40. How will monitoring and reporting actually improve the air quality in Ontario?

    For the first time, Ontario residents will have access to accurate and timely information about what emissions are being put into our air and by whom.

    The new air monitoring initiative has three main purposes:

    • The public's right-to-know may motivate companies to reduce emissions
    • There will be accountability for the majority of sources of air pollution in the province
    • We will be able to track the progress of our strong air quality initiatives

41. Why are industries allowed to estimate rather than measure their emissions?

    The monitoring and environmental reporting regulation requires data that are sufficiently accurate to meet Ontario's objectives without placing an undue burden on industry. Direct measurement is not mandatory for the estimation of the annual and smog season emissions since several other common emission estimation methods provide reliable data in determining actual emissions. These are described in the Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge.

    The ministry will review estimation techniques to ensure organizations are providing reliable and accurate data, and will audit air emissions data produced by industry.

42. How does this new air monitoring and reporting regulation differ from existing ministry programs such as the Selected Targets for Air Compliance (STAC) project?

    STAC is a program designed to assess the compliance of Ontario industry with the Point of Impingement (POI) standards under Regulation 346. The emission data needs for STAC, consequently, are for much shorter time periods (e.g., ½ hour peak emission rates) than required in the new air monitoring and reporting regulation (O.Reg.127/01) and relate to maximum emission rates rather than actual emissions. O.Reg.127/01 requires the reporting of total annual and smog season emissions.

    Information obtained through the STAC program will be used by the ministry to assist in verifying the reported data for this regulation.

43. Will other non-industrial sources of emissions (i.e., transportation or biogenic) be reported along with industrial emissions?

    O.Reg.127/01 only affects the industrial, commercial, municipal and institutional sectors.

44. What are the penalties for not complying with the regulation?

    Failure to comply with the regulation will be a failure to comply with the Environmental Protection Act (EPA). Offense and penalty provisions for individuals, corporations, and Directors and Officers are set out in the EPA, sections 186 through 194.

45. What format do I have to keep my record keeping parameters in?

    The record keeping parameters listed in Tables 7 and 8 of the Step-by-Step Guideline under O.Reg.127/01 must be kept, where applicable, in an electronic format (excluding process diagrams). The format of Tables 7 and 8 has been provided as a guideline, which the facility can elect to use when storing the required parameters electronically.