Green Facts

PIBS: #4977e

Certificates of Approval - Air & Noise

The Environmental Assessment and Approvals Branch (EAAB) of the Ministry of the Environment issues “Certificates of Approval” under Environmental Protection Act. Air & Noise Certificates of Approval are required under the EPA for facilities that release emissions into the natural environment, other than into water. This Fact Sheet provides information for facilities that discharge contaminants into the atmosphere.

What Requires Approval?

Section 9 of the Environmental Protection Act (EPA) requires equipment, structures or processes that may discharge a contaminant to the atmosphere to be approved before construction, alteration, extension or replacement of the equipment. Approval is also required for the ongoing operation of any equipment that may discharge a contaminant to the atmosphere.

The definition of a contaminant is very broad. Examples include particulate emissions from a process, solvent emissions from a painting line, nitrogen oxides from combustion sources, or sound and vibration from a metal stamping operation. The ministry does not require that compounds have published criteria to be considered contaminants.

Unless explicitly exempted, most industrial processes and equipment, and modifications to industrial processes and equipment that discharge contaminants require approval.

Approval may also be required for some subsurface remedial activities at contaminated sites.

Operations that require approval include but are not limited to:

• construction of a new manufacturing operation;
• adding a second welding line to an existing facility; and
• raw material changes that affect the emissions from a facility

The responsibility for obtaining approval lies with the owner or operator of the equipment that may discharge a contaminant to the air. If the owner or operator is a corporation, the person signing the application on behalf of the corporation must be someone who is specifically authorized by the corporation to do so. If the person signing the application is not an official of the corporation, the application must be accompanied by a letter signed by an official of the corporation authorizing the person to act on its behalf for that purpose.

Are there exemptions to the requirement to obtain a Certificate of Approval?

Specific exemptions for selected types of equipment and activities have been granted by Subsection 9(3) of the EPA, and the Approval Exemption regulation (O. Reg. 524/98) made under the EPA.

Examples of exempted processes, equipment or modifications to industrial processes include:

• equipment associated with a residential dwelling such as exhaust fans or home workshops;
• fuel burning equipment below a specified size;
• specified mobile equipment such as snow-making or duct cleaning equipment;
• equipment associated with food preparation at restaurants; and
• outdoor events such as festivals or fairs.

How do I obtain a Certificate of Approval?

An application for an Air & Noise Certificate of Approval must be submitted to the EAAB for most industrial processes and equipment or modifications to process and equipment. The completed application package should include two copies of the application form, two copies of all supporting information and the required fee. Applicants must include supporting information which assesses the emissions of all contaminants associated with the application. A copy of the application form and supporting information should also be submitted to the ministry’s District Office serving the area of the site.

Application forms, application guidance material and contact information for the ministry’s District Offices are available from the EAAB, or from the “Publications” section of the ministry web site at www.ene.gov.on.ca.

What happens to my application once it is submitted?

Applications are screened for completeness by the EAAB. Incomplete applications may be returned at this stage. You should receive acknowledgment of receipt of your application within two weeks of submitting it to the EAAB.

Applications are reviewed by engineers to assess if the application demonstrates compliance with the EPA and applicable Regulations and Guidelines.

Depending on the complexity of the review, applications will be reviewed by:

• the Streamlined Review Unit (SRU); or
• the Air and Noise Unit (ANU).

Additional information on equipment that may be processed by the SRU is available from the EAAB.

When can I expect to get my approval?

The EAAB typically receives several thousand CofA applications per year. These applications are processed in chronological order of their receipt.

The best assurance of a timely review is the preparation of a complete application package that clearly demonstrates compliance with the EPA and applicable Regulations and Guidelines. Review will take longer if additional required information is identified during the review. Applications should be filed as early as possible before the anticipated date of construction.

The information contained in this document is of a general nature only and is not intended to constitute advice for any specific fact situation. Please note that the text of many Ontario statutes and regulations are available on the Internet at www.e-laws.gov.on.ca.

For more information about Certificates of Approval or to obtain an application package, please contact:

Ministry of the Environment
Environmental Assessment and Approvals Branch
2 St. Clair Ave W, Floor 12A
Toronto, ON M4V 1L5

Toll Free: 1-800-461-6290
Phone: 416-314-8001
Fax: 416-314-8452
Email: EAABGen@ene.gov.on.ca
Website: www.ene.gov.on.ca