Odour emissions

O. Reg. 1/17 sets out requirements related to odour emissions that must be met (section 24 to 28 and Chapter 4 of the EASR publication).

A person engaging in a prescribed activity must have an odour screening report available at all times at the facility (section 24). Based on the results of the screening, a BMPP for odour may be required (section 26), and an odour control report may also be required (section 27). The BMPP for odour and the odour control report must be signed and sealed by a LEP.

The Air Emissions EASR regulation defines a point of odour reception as a point described in Chapter 4 of the EASR publication at which odour discharged into the air, from a source of odour at a facility, is received. The following locations are points of odour reception, described in the EASR publication, as long as the location is not on the same property as the facility from which the odour is or will be discharged:

  • A building or structure that contains one or more dwellings, for example an apartment building or condominium.
  • A building used for a commercial purpose that includes one or more habitable rooms used as sleeping facilities, such as a hotel or motel.
  • A building used for an institutional purpose, including an educational facility, a child care centre, a health care facility, a community centre.
  • A building used for a place of worship. This does not include a place of worship that is located on land that is zoned for commercial or industrial use.
  • A location on a vacant lot, other than an inaccessible vacant lot that has been zoned to permit any of the buildings mentioned above.
  • A portion of a property used for recreational purposes, not including a portion used for a recreational trail.
  • A portion of a property that is used as a campsite or campground at which overnight accommodation is provided by or on behalf of a public agency or as part of a commercial operation.

Odour screening report

All facilities must have an odour screening report available at all times when engaging in the prescribed activities.

The odour screening report involves identification of the NAICS codes for the facility, whether certain processes occur at the facility and measuring setbacks to the closest point of odour reception.

To determine the distance between a facility and the closest point of odour reception, the distance from the closest point of discharge of odour from the facility or outdoor odour source to the property line of the closest point of odour reception must be measured.

The distance between a facility and the property boundary of a point of odour reception shall be measured from Point A to Point B in accordance with the following and is demonstrated in Figure 2.

Point A is either:

  • The point that is located on the edge of the point of discharge of odour from a building at the facility and that is closest to the property boundary of the point of odour reception, or
  • If there is an outdoor source of odour located closer to the property boundary of the point of odour reception than the point mentioned above, the point that is located on the edge of the outdoor source of odour and that is closest to the property boundary of the point of noise reception.

Point B is the point that is located on the property boundary of the point of odour reception and that is closest to Point A.

If the closest point of odour reception is a dwelling or a camping area that is located in a Class 3 area, a person may use Point C instead of Point B in the measurement rule above, where Point C is the point that is located 30 meters from the exterior wall of the dwelling or edge of the camping area and closest to Point A. A Class 3 area is an area where the background sound level during the day and night is dominated by natural sounds.

However, if the distance between Point A and Point C is less than the distance between Point A and Point B, Point A and Point B must be used in the measurement rule set out above, as shown in Figure 2.

The image demonstrates the separation distance between an odour receptor and a facility. The point of noise reception is a house and the property line of the house is indicated by a box surrounding the house. The facility has a main building labelled “plant” and a secondary structure labelled “outdoor odour source”. The property line of the facility is shown as a box surrounding the plant and outdoor odour source. A road is shown separating the house and the facility. Point Ai is a point on the roof exhaust of the plant closest to the house. Point Aii is a point on the outer edge of the outside noise source closest to the house. Point Bi is a point on the property line of the house, this point is the point on the property line that is closest to Point Ai. A line demonstrates the distance between Point Bi and Point Ai. Point Bii is a second point on the property line of the house, this point is the point on the property line that is closest to Point Aii. Another line demonstrates the distance between Point Bii and Point Aii. Point Bi and Point Bii are identified as “point of odour reception”. The outdoor noise source is closer to the house than the plant, therefore the distance between Point Aii and Bii is shorter than the distance between Ai and Point Bi. The distance between Point Aii and Bii should be used.

Figure 2: A depiction showing how to calculate the distance between point A, a odour source, and the property boundary of a point of the odour reception, point B.

The odour screening report must:

  • Identify the person who completed the odour screening report and must be dated and signed by that person.
  • Be accurate as of the date the odour screening report is completed.
  • Identify the primary NAICS code and, if applicable, the secondary NAICS code for the facility.
  • Identify the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name.
  • Identify the legal name of each person who operates the facility. If the person who operates the facility is not an owner, and the name under which each operator carries on business, if it is not the operator’s legal name.
  • Identify the site’s address.
  • Indicate whether a BMPP for odour and/or an odour control report are required based on circumstances set out in paragraph 3 or 5 of section 24 of O. Reg.1/17and if so, it must include a description of the circumstances that require the BMPP for odour or the BMPP for odour and the odour control report.
  • Include a drawing that is to scale and that sets out the points used for any measurements performed for the purposes of determining the setbacks if required.

Best management practices plan for odour

Based on the results of the odour screening report, a BMPP for odour must be available at the facility at all times while engaging in the prescribed activities.

A BMPP for odour must be available at the facility if, as of the date the odour screening report is completed, any of the following circumstances exists:

  • The activity is engaged in at a facility for which the primary or secondary NAICS code is set out in Table 1 of Chapter 4 of the EASR publication, the design capacity of the facility meets the criteria identified opposite the NAICS code in that Table, and the distance between the facility and the closest point of odour reception is less than the distance set out opposite the NAICS code in that Table as measured in accordance with that Chapter.
  • The activity relates to a process identified in Table 2 of Chapter 4 in the EASR publication and the distance between the facility and the closest odour receptor is less than the distance set out opposite the process in that Table as measured in accordance with that Chapter.
  • The activity is engaged in at a facility for which the primary or secondary NAICS code is set out in Table 3 of Chapter 4 of the EASR publication and the design capacity of the facility meets the criteria set out opposite the NAICS code in that Table.
  • The activity relates to a process set out in Table 4 of Chapter 4 of the EASR publication.
  • The Director has given the person a notice requiring the person to submit a BMPP for odour to the Director and the date for submitting the plan has passed and the notice has not been revoked.

Facilities that have a setback distance that is less than the 300 metre setback distance set out in Table 1 of Chapter 4 of the EASR publication and thus required to prepare a BMPP for odour include, but are not limited to breakfast cereal manufacturing, non-chocolate confectionary manufacturing, confectionery manufacturing from purchased chocolate, ice cream and frozen dessert manufacturing, cookie and cracker manufacturing, other snack food manufacturing, and seasoning and dressing manufacturing. Facilities that are less than 100 metres away from the nearest point of odour reception include, but are not limited to fluid milk manufacturing and butter; cheese and dry and condensed dairy product manufacturing; spraying operations less than 10 litres per hour; and plastic extrusion or melting will also be required to prepare a BMPP for odour. These examples were taken from Table 1 and 2 in Chapter 4 of the EASR publication.

Examples of facilities that are less than a 500 metre setback that will be required to prepare a BMPP for odour include, but are not limited to spraying operations with a spray rate greater than or equal to 10 liters per hour, dog and cat food manufacturing, breweries with an annual production rate greater than or equal to 20 megalitres per year; and cooking or drying animal products. These examples are from Table 3 and 4 in Chapter 4 of the EASR publication.

The BMPP for odour must:

  • Be dated, signed, and sealed by a LEP. The LEP’s licence number must be clearly shown.
  • Be accurate as of the date the plan is completed and the LEP who signed the plan must provide a statement confirming this to be so based on the information provided to the LEP.
  • Contain a statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the LEP in order to prepare the plan was complete and accurate.
  • Identify the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name.
  • Identify the legal name of each person who operates the facility if the person who operates the facility is not an owner, and the name under which each operator carries on business, if it is not the operator’s legal name.
  • Identify the site address of the facility.
  • Identify the following with respect to each source of odour at the facility, including each fugitive source of odour:
    1. Potential causes for occasional increases in the discharge of odour from the source into the air.
    2. If the BMPP for odour is the first such plan prepared in respect of the facility, confirmation that the terms or conditions, if any, relating to the control of the discharge of odour from the facility included in an ECA that was in effect immediately before the registration in the Registry of an activity engaged in at the facility were considered in the preparation of the best management practices plan for odour.
    3. Measures and procedures implemented at the facility to prevent or minimize the discharge of odour from the source into the air.
    4. Inspection, maintenance and monitoring procedures to ensure the adoption and continued implementation of measures and procedures to prevent or minimize the discharge of odour from the source into the air.
    5. Identification of additional measures and procedures that should be implemented at the facility to prevent or minimize the discharge of odour from the source into the air, if any, including:
      1. A description of the additional measures to be implemented.
      2. A description of the additional preventative procedures to be implemented.
      3. If the additional preventative procedures are to be implemented periodically, the frequency with which the procedures are to be implemented.
      4. A schedule for the implementation of the additional measures, including training of workers.
      5. Inspection, maintenance and monitoring procedures to ensure the adoption and continued implementation of the measures and procedures.
  • The BMPP for odour must be implemented as described within the plan.

Odour control report

Based on the results of the odour screening report, some facilities are required to complete a BMPP for odour and an odour control report if the setbacks measured in the Measuring Procedure outlined in Chapter 4 of the EASR publication for the activities and processes outlined in Table 3 and 4 in Chapter 4 of the EASR publication are not met.

If the measured setback is less than 500 metres for the following activities, described in Table 3 in Chapter 4 of the EASR publication, an odour control report is required:

  • Dog and Cat Food Manufacturing;
  • Sugar Manufacturing; and
  • Breweries with an annual production rate greater than or equal to 20 megalitres per year.

If the measured setback distances are less than 500 metres for the following processes, as described in Table 4 of Chapter 4 of the EASR publication, an odour control report is required:

  • Spraying operations greater than or equal to 10 litres per hour;
  • Food frying;
  • Cooking or drying animal products; and
  • Printing with a printing rate greater than 400 kilograms per hour.

Any facilities with a wastewater treatment process with lagoons, uncovered clarifiers or sludge management described in Table 4 of Chapter 4 of the EASR publication that have a measured setback distance of less than 1000 metres must prepare an odour control report.

The odour control report must be available at all times when engaging in the activity. The odour control report must meet the following requirements:

  • It must be dated, signed, and sealed by a LEP. The LEP’s licence number must be clearly shown.
  • The information described in the odour control report must be accurate as of the date the report is completed and the LEP who signed the report must provide a statement confirming this to be so based on the information provided to the LEP.
  • It must contain a statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the LEP in order to prepare the report was complete and accurate.
  • It must identify the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name.
  • If the person who operates the facility is not an owner, the report must identify the legal name of each person who operates the facility and the name under which each operator carries on business, if it is not the operator’s legal name.
  • It must identify the site address of the facility.
  • It must set out the following:
    • A list of the measures and procedures that are used in similar facilities, including facilities in other jurisdictions, to prevent or minimize the discharge of odour, including measures and procedures such as the use of air pollution control technology and the implementation of changes to equipment, processes or materials.
    • An analysis of the measures and procedures identified above of similar facilities, and potential combinations of them, to determine which would be technically feasible to implement at the facility in order to prevent or minimize the discharge of odour.
    • A list of the measures and procedures or combinations that are determined through the analysis identified above to be technically feasible to implement at the facility and, for each measure or procedure that is not included in the BMPP for odour, an explanation of why that measure or procedure is not necessary to adequately prevent or minimize the discharge of odour from the facility.
    • An explanation of why the measures and procedures identified in the BMPP for odour are adequate to prevent or minimize the discharge of odour from the facility.

Director notices

The Director may give written notice to a person to submit a BMPP for odour if the person discharges or causes or permits the discharge of odour into the air and the Director has reasonable grounds to believe that the discharge may cause an adverse effect and either, the person was not otherwise required to prepare a BMPP for odour or the BMPP for odour did not include the source of the odour.

Before the Director gives a person a notice to submit a BMPP for odour, the Director must give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

The BMPP for odour must be submitted to the Director no later than the date specified in the notice.

Modifications

Prior to any proposed modifications, the changes must be reflected in an updated odour screening report.

In addition to the requirements for modifications described above, a new odour screening report must be prepared at least every ten years from the date of the last update. This will ensure that the latest requirements as prescribed in the EASR publication are verified.

In addition, if a BMPP for odour was required, the BMPP for odour must be reviewed at least once every 10 years by a LEP. If the information in the plan is no longer accurate or if the LEP considers it necessary to prevent or minimize odour emissions from the facility, an updated BMPP for odour must be prepared. If the LEP signs and dates an addendum that states the BMPP for odour is still up to date, an updated BMPP for odour is not required.

When an odour control report is required, the odour control report must be reviewed at least once every 10 years by a LEP. If the information in the report is no longer accurate, or if the LEP considers it necessary to prevent or minimize odour emissions from the facility, an updated odour control report must be prepared. If the LEP signs and dates an addendum that states the odour control report is still up to date, an updated odour control report is not required.

A description of each modification to the facility and the date the modification was made is required to be recorded and retained at the facility. This procedure is further described in the records section of O. Reg. 1/17 and this guide.