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December 2006

Setting Alternative Standards

Ontario Regulation 419/05 – Air Pollution – Local Air Quality

The Ontario Government continues to develop and update air quality standards to protect Ontario communities from the impacts of air pollution. In November, 2005, the Ministry’s Ontario Regulation 419/05: Air Pollution – Local Air Quality, took effect. It was the biggest move on air toxics in more than 25 years.

Through Regulation 419, the province sets air quality standards based on values that protect against health and environmental effects – as opposed to setting provincial standards that consider technical or economic issues.

The Ministry expects that companies will meet the newer or more stringent standards. Regulation 419 also includes updated air dispersion models to give a better picture of industrial emissions. However, sometimes it will take time for facilities to make the significant adjustments and investments needed to have a positive impact on their air emissions.

The alternative standard process was developed to establish interim site specific standards with the goal of continuous improvement toward achieving the effects-based standard over time.

The Ministry of the Environment is committed to working with companies to ensure continuous improvement because we know that clean, safe air is essential in protecting the health and environment of our people and our communities.

The following information must be submitted to the Ministry to support the facility’s request. A copy of the information can be provided by the company upon request:

• Economic Feasibility Analysis (Optional).
  
• Application form – which summarizes legal information including name and location of applicant, contaminant name, etc.
  
• Summary Table from an Emission Summary and Dispersion Modelling (ESDM) Report – which must include the results from a modelling/ monitoring study, and an assessment of the magnitude and frequency of exceedence of the standard(s), etc.
  
• Technology Benchmarking Report – which must assess and rank technical methods for reductions in contaminant concentrations and provide an assessment of feasible technologies.
  
• Public Consultation Report – which must summarize the results of the mandatory public meeting with the local community.
  
• Action Plan with schedule of dates/timelines.
  

A company submitting a request for an alternative standard must consider a number of issues:

• Companies must demonstrate that they are doing the best they can reasonably do today to reduce their concentrations.
  
• Stakeholders must be given an opportunity to be made aware of the compliance issue.
  
• The local community must be given an opportunity to understand the options that were considered including the nature of the technical (the economic, if that is the barrier) challenges.
  
• The company must develop and implement an action plan (subject to Ministry of the Environment approval) to implement the measures to achieve the alternative standard.
  
• The request can be approved for a period of up to five years (10 years in extenuating circumstances). This ensures continual improvement and a re-evaluation of technical (or economic) considerations which evolve over time.
  
• Approval cannot be granted (and risk reduction must be pursued in a timely manner) if emissions result in a concentration of a contaminant that not only exceeds a standard, but also exceeds a predetermined level (i.e. an Upper Risk Threshold) at places such as a school, daycare, retirement home, hospital or resident.
  

What must a facility do to keep the public informed?

An important component of Regulation 419 is the provisions for public communication. In a request for an alternative standard,
a facility must:

1. Identify key stakeholders: Identify key stakeholders (community groups, existing local environmental groups, the Ministry, Public Health Units, municipalities, First Nations or other levels of government, etc.).
   
2. Public Meeting: Before the request for an alternative standard is submitted to the Ministry, the facility must, as a minimum, host one public meeting and notify all key stakeholders and the Ministry at least 15 days before the meeting. A notice of the meeting must also be published in a newspaper that has general circulation in the area.
   
3. Seek Input: Before the application is submitted, the document(s) that will be used to support a request for an alternative standard must be made available to the public. These include: the Emission Summary and Dispersion Modelling (ESDM) Report Executive Summary, Technology Benchmarking Report; and Economic Feasibility Analysis (if the facility opted to consider economics) and the action plan.
   
4. Community Forum: The community informational meeting will be organized by the company. The meeting will be chaired by the facility. At the meeting, the facility must provide a plain language information package to the interested stakeholders including an outline of the proposed action plan. The company will be expected to respond to questions raised by the meeting participants. The company must also offer to provide a complete written copy of the proposed package to request an alternative standard.
   
5. Summary of Comments: The facility must provide a written summary of the public meeting which must be submitted as part of the request for an alternative standard.
   
6. The Environmental Registry (EBR) Comment Period: The facility’s request for an alternative standard will also be posted on the Environmental Bill of Right (EBR) Registry for a minimum 30 day comment period. During this review period, all stakeholder comments received will be shared with other stakeholders upon request.
   For more information and to comment on an EBR posting, please visit:
   http://www.ene.gov.on.ca/envision/env_reg/ebr/english/index.htm
   
7. Outcome: The Ministry will consider the summary of comments from the local community as well as input from other interested stakeholders submitted via the EBR in making a final decision on the approval for an alternative standard proposed by the facility.
   

The “Guideline for the Implementation of Air Standards in Ontario” provides more information on the alternative standards process. Copies of this document are available on the Ministry website at:
http://www.ene.gov.on.ca/envision/gp/5166e.pdf

For further information, please visit the Ministry of the Environment’s web site at http://www.ene.gov.on.ca/envision/air/airquality/standards.htm or contact:
Public Information Centre
Ministry of the Environment
135 St. Clair Avenue West
Toronto, ON M4V 1P5
Tel: (416) 325-4000 or 1-800-565-4923

Please note: This fact sheet is a brief summary of the requirements as set out in Ontario Regulation 419/05 (Section 32). Interested parties are advised to refer to the regulation for the precise legal requirements.

 

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