Changes to the eligibility requirements for the air emissions EASR for combined heat and power facilities will be in effect on July 1, 2021.

To learn more about these changes, refer to the decision notice on the air emissions EASR.

While this guide was written to provide information on the EASR requirements it is not legal advice. All requirements relating to registration of activities with air emissions in the EASR are contained in Part II.2 of the Environmental Protection Act (EPA or Act), Ontario Regulation (O. Reg.) 245/11 (Registrations under Part II.2 of the Act – General) and O. Reg. 1/17 (Registrations under II.2 of the Act – Activities Requiring Assessment of Air Emissions), identified throughout this document as Air Emissions EASR regulation or the Regulation.

Note that references to sections of O. Reg. 245/11, O. Reg. 1/17, O. Reg. 419/05 (Air Pollution – Local Air Quality), and the EPA are made throughout this guide and can be found on Ontario’s e-Laws website.

The Ministry of the Environment, Conservation and Parks (the ministry) will update this guide regularly to ensure that it provides accurate information and guidance for those required to register.

While all efforts are made to ensure the accuracy of this guide, if there is any discrepancy between this guide and the Acts or regulations, the provisions of the Acts and regulations prevail.

Acronyms

ACB: Air Contaminants Benchmarks

BMPP: best management practices plan

EA: Environmental Assessment

EAA: Environmental Assessment Act

EASR: Environmental Activity and Sector Registry

EASR publication: Environmental Activity and Sector Registry – Limits and Other Requirements

ECA: Environmental Compliance Approval

EPA: Environmental Protection Act

ESDM: Emission Summary and Dispersion Modelling

LEP: licensed engineering practitioner

NAAP: Noise Abatement Action Plan

NAICS: North American Industry Classification System

O. Reg.: Ontario Regulation

O. Reg. 1/17: Ontario Regulation 1/17 Registrations under Part II.2 of the Act – Activities Requiring Assessment of Air Emissions

O. Reg. 79/15: Ontario Regulation 79/15 Alternative Low Carbon Fuel

O. Reg. 85/16: Ontario Regulation 85/16 Environmental Activity and Sector Registry for End of Life Vehicle waste disposal site

O. Reg. 245/11: Ontario Regulation 245/11 Registrations under Part II.2 of the Act – General

O. Reg. 419/05: Ontario Regulation 419/05 Air Pollution – Local Air Quality

O. Reg. 524/98: Ontario Regulation 524/98 Environmental Compliance Approvals – Exemptions from Section 9 of the Act

O. Reg. 675/98: Ontario Regulation 675/98 Classification and Exemption of Spills and Reporting of Discharges

REA: Renewable Energy Approval

Introduction

O. Reg. 1/17 requires persons engaging in activities that discharge or may discharge contaminants to the natural environment, other than water, to register in the EASR unless the activities do not meet the criteria in the Regulation. For example, activities that are exempt from section 9 (1) of the EPA are not prescribed activities under O. Reg. 1/17. Exemptions from subsection 9 (1) of the Act can be found in section 9 (3) of the EPA and under O. Reg. 524/98 (Environmental Compliance Approvals – Exemptions from Section 9 of the Act). This guidance will outline when an activity is required to be registered in the EASR and the rules that must be followed when engaging in prescribed activities.

In addition, the Air Emissions EASR regulation incorporates a document entitled "Environmental Activity and Sector Registry – Limits and Other Requirements" (EASR publication). The EASR publication details requirements a person engaging in a prescribed activity must follow, including requirements for in-stack limits for combustion equipment, noise, odour and small wood-fired combustors, and a list of off-grid and remote facilities and communities.

Activities that do not meet the criteria to register in the EASR, i.e. are not prescribed activities under O. Reg. 1/17, may need an Environmental Compliance Approval (ECA) or Renewable Energy Approval (REA) under the EPA.

The EASR

The EASR is an online self-registration Registry established by the EPA and implemented by the Ministry in 2011. The EPArequires a person who is engaging in activities prescribed in regulation for the purposes of the EASR regime to register those activities in the EASR. As of January 31, 2017, activities with air emissions are prescribed by O. Reg. 1/17 must be registered in the EASR, subject to transition provisions for prescribed activities that are the subject of an ECA.

The EASR is online and easy to use. A person or business can register prescribed activities in the EASR through the Service Ontario website . The Ministry’s EASR homepage has further information about the EASR, including registration, updating your EASR registration, removing your EASR registration, and the registration fee. This guide was written to provide details on the Air Emissions EASR regulation and is not intended to provide guidance on how to register in the EASR.

Learn how to register on the EASR.

Air Emissions EASR regulation requirements

Prescribed activities

The following are the prescribed activities under the Air Emissions EASR regulation and must be registered in the EASR:

Subject to subsection 2 (2) of O. Reg. 1/17

  • The use, operation, construction, alteration, extension or replacement of any plant, structure, equipment, apparatus, mechanism or thing at a facility that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water.
  • The alteration of a process or rate of production at a facility if the alteration may result in,
    • The discharge of a contaminant into any part of the natural environment other than water, or
    • The alteration of the rate or manner of discharge of a contaminant into any part of the natural environment other than water.

This means if any of your activities discharge or may discharge contaminants into the air or the discharge rate or process changes you are required to register those activities or update your registration unless one of the circumstances set out in subsection 2 (2) of O. Reg. 1/17 applies. The following paragraphs describe activities that are not prescribed activities and therefore cannot be registered in the EASR.

Activities engaged in at a facility that is part of a class identified by a North American Industry Classification System (NAICS) code, set out in Appendix A are not prescribed activities under O. Reg. 1/17 and cannot be registered in the EASR. These facilities include, but are not limited to, facilities in sectors listed in Schedules 4 and 5 of O. Reg. 419/05. A description of how to determine your facility’s NAICS code can be found in Appendix A.

If any of the activities outlined in Appendix A occur at your facility, none of your activities at the person engaging in the activity can register in EASR. These activities include, but are not limited to, activities engaged in at a facility at which at least one of the following activities takes place: the thermal treatment of waste, the use of certain plating processes, and the processing of metal outdoors and activities that require a REA.

Activities prescribed under more than one EASR regulation

If all of the activities that may discharge air contaminants at the facility are prescribed under another EASR Regulation, that EASR regulation applies (e.g. automotive refinishing or printing).

If activities that may discharge air contaminants at the facility are prescribed under one EASR regulation, and all other activities that may discharge air contaminants at the facility are exempt from requiring approval under section 9 of the EPA, that EASR regulation applies (e.g. automotive refinishing or printing).

If a facility has activities that are prescribed by the Air Emissions EASR regulation and another EASR regulation, all of the activities are subject to the Air Emissions EASR regulation and should be registered (e.g. automotive refinishing with additional air discharges from other activities).

Registration matters

Environmental Assessment Act requirements

If the prescribed activity is subject to the requirements of the Environmental Assessment Act, those requirements must be met prior to registration in the EASR.

Learn more about Environmental Assessment Act requirements.

Niagara Escarpment Planning and Development Act requirements

If the prescribed activity takes place in an area of development control within the Niagara Escarpment Planning Area and a development permit is required under section 24 of the Niagara Escarpment Planning and Development Act, the permit must be issued prior to registration in the EASR.

Visit the Niagara Escarpment Commission website for more information on the Niagara Escarpment Planning and Development Act and development controls.

Registration of all activities at a facility when first activity is registered

A person registering an activity prescribed by O. Reg. 1/17 in the EASR must register all of the prescribed activities engaged in at the facility.

This includes all activities in respect of which an ECA is in effect. Once you have received a confirmation of registration, the ECA will no longer apply in respect of any of the prescribed activities.

Existing Environmental Compliance Approvals

Prescribed activities operating under an existing ECA will be required to register prior to making any modifications at the facility that would require an amendment to the existing approval, or by January 31, 2027, whichever comes first.

Prescribed activities operating under an ECA with Operational Flexibility will have until January 31, 2027 to transition to the EASR unless a modification outside of the Operational Flexibility conditions is made. Note, if Operational Flexibility expires prior to January 31, 2017, prescribed activities operating under the ECA can continue but any modification would require the person engaging in the activity to register in the EASR.

Once registered (or January 31, 2027, whichever is later), the portion of the ECA that approved the registered activities shall cease to be in effect.

Required Air Emissions EASR reports

Prior to registration, a person engaging in a prescribed activity must have the following prepared:

  • EASR Emission Summary and Dispersion Modelling (ESDM) report;
  • EASR ESDM report supplement;
  • Noise report; and
  • Odour screening report.

If applicable additional reports, plans and statements may need to be prepared including:

  • Combustion equipment statement(s);
  • Best management practices plan (BMPP) for fugitive dust;
  • BMPP for odour; and
  • Odour control report.

The above documents, other than the EASR ESDM report supplement and odour screening report, must be signed and sealed by a licensed engineering practitioner (LEP). A LEP means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act. Additional information on the above can be found within this guide.