Version 1.0 Created March 22, 2018

Preamble

  • This technical standard is an industry standard for the purposes of O. Reg. 419/05 (Air Pollution – Local Air Quality) made under the Environmental Protection Act, R.S.O. 1990, c. E.19.
  • With respect to facilities, this industry standard applies to every facility that is part of a class identified by one or more of the following NAICS codes: 212232 (Nickel-copper ore mining) and 212233 (Copper-zinc mining).
  • With respect to contaminants, this industry standard applies to contaminants listed in Appendix 8-A (All Contaminants).
  • Each source of contaminant associated with NAICS codes 212232 and 212233 that discharges a contaminant mentioned in the above bullet has been considered in development of this industry standard. As such, a person that meets the criteria set out in subsection 42 (1) or subsection 44 (1) of O. Reg. 419/05 is, in general, exempt from Part II of the Regulation in respect of the facility and the contaminant(s) for which it is registered. In other words, there is no need to model, in a facility’s Emission Summary and Dispersion Modelling report, discharges of a registered contaminant from any source of contaminant associated with NAICS codes 212232 and 212233. (For more information, please see the Introduction to the Technical Standards to Manage Air Pollution.)
  • This standard contains requirements that relate to sources of contaminant associated with the following:

    • The handling, processing, and storage of concentrate, mill feed, mining material, and tailings
    • Mills
    • Return air raises
    • Open pit mines
    • Roads
  • In accordance with subsection 38 (3) of O. Reg. 419/05, compliance with this industry standard, in accordance with subsection 42 (5), may reduce the regulatory burden applicable to facilities identified by NAICS codes 212232 and 212233 that discharge a contaminant listed in Appendix 8-A (All Contaminants) and for which compliance with section 20 of the O. Reg. 419/05 would otherwise be required.
  • In making this technical standard, it is the Minister’s opinion that,

    1. with respect to at least two facilities located in Ontario identified by NAICS codes 212232 or 212233 that discharge Nickel and Nickel Compounds, it is not technically feasible to comply with section 20 of O. Reg. 419/05;
    2. compliance, in accordance with subsection 42 (5) of O. Reg. 419/05, with this industry standard,

      1. is technically and economically feasible with respect to at least one facility located in Ontario to which this industry standard applies, and
      2. will permit efforts that would otherwise be made to comply with section 20 of O. Reg. 419/05 to be put to better use to protect the natural environment, having regard to clause (a); and
    3. including this industry standard in the “Technical Standards to Manage Air Pollution” is more efficient than having the Director consider separate requests under section 32 of O. Reg. 419/05 to set site-specific standards for the contaminant that would otherwise apply to facilities in the class.

Part I – General

Definitions

1. (1) For the purposes of this industry standard,

“Act”
means the Environmental Protection Act;
“air pollution control device”
means equipment used to remove a contaminant from a gaseous stream;
“backfill”
means material used to fill a void created by a mining excavation;
“baghouse”
means an air pollution control device that uses a fabric bag or cartridge filter to remove a contaminant from a gaseous stream;
“Best Practices Procedure”
means the collection of records required to be made and maintained under section 44 of this industry standard;
“Best Practices Table”
means the table prepared and maintained in accordance with subsection 44 (3);
“cold weather day”
means,
  1. any day that occurs in the period beginning November 1 and ending April 30 in the following year, and
  2. any other day on which the mean hourly air temperature at the mining facility is predicted to be less than 0 degrees Celsius;
“concentrate”
means valuable material extracted from mill feed;
“existing mining facility”
means a mining facility for which,
  1. construction began before July 1, 2016, or
  2. an application for an environmental compliance approval in respect of all or part of the facility was made before July 1, 2016;
“facility”
means all plants, structures, equipment, apparatuses, mechanisms or things, including surfaces and storage piles, that function as an integrated operation on a site and for which a registered person has ownership, management or control;
“high risk road segment”
means all or part of a road identified in accordance with subsection 18 (1);
“Inspection and Maintenance Summary Table”
means the table prepared and maintained in accordance with section 34;
“licensed engineering practitioner”
means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act;
“management method”
means the use of one or more procedures, equipment, things or techniques to prevent, minimize or reduce the discharge of a registered contaminant into the air from an originating source;
“mill feed”
means ore bearing material resulting from the crushing and screening of mining material and destined for use in the production of concentrate
“mining facility”
means a facility identified by NAICS code 212232 (Nickel-copper ore mining) or 212233 (Copper-zinc mining) that is primarily engaged in mining, beneficiating or otherwise preparing nickel ore, nickel-copper ore, copper ore or copper-zinc ore;
“mining material”
means ore bearing geological material obtained through mining processes for the production of mill feed;
“new mining facility”
means a mining facility,
  1. the construction of all parts of which began on or after July 1, 2016, and
  2. for which no application for an environmental compliance approval for any part of the facility was made in respect of the facility before July 1, 2016;
“non-ore bearing material”
means geological material obtained through mining processes or remaining after the processing of mining material which is not destined to be used in the production of mill feed, but does not include sand, salt, or tailings;
“Operating Parameter Summary Table”
means the table prepared and maintained in accordance with section 23;
“Outdoor Originating Source Monitoring Parameter Summary Table”
means the table prepared and maintained in accordance with section 26;
“open pit mine”
means an excavation made at the surface of the ground for the purpose of extracting mining material such that the excavation is open to the air;
O. Reg. 419/05
means Ontario Regulation 419/05 (Air Pollution – Local Air Quality) made under the Act;
“originating source”
means a piece of equipment, place or thing that discharges a registered contaminant, whether the discharge is into the natural environment or into an enclosed building, structure, equipment or other place or thing;
“particulate matter”
means any material, except water in an uncombined form, that is or may become suspended in air;
“prevailing wind”
means the wind direction most frequently observed at a specified location;
“registered contaminant”
means a contaminant for which a registered person is registered in respect of this industry standard;
“registered person” and “person registered”
mean a person who is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of this industry standard;
“Required Management Methods Table”
means the table prepared and maintained in accordance with section 45;
“site”
with respect to a facility, means the property or properties on which the facility is located;
“Site Plan”
means the diagram set out in the Best Practices Procedure and required by subsection 44 (2);
“tailings”
means the material remaining after the extraction of concentrate from mill feed;
“transfer point”
means a location where mining material, mill feed, concentrate or tailings intended to be used as backfill is transferred between equipment, vehicles or railcars;
“Visual Inspection Summary Table”
means the table prepared and maintained in accordance with section 31;
“wet scrubber”
means an air pollution control device used to remove a contaminant through the use of a scrubbing liquid.

(2) For greater certainty, a site may contain more than one mining facility.

(3) For greater certainty, the definition of “mining facility” in subsection (1) does not include a facility described in NAICS code 331410 (Non-ferrous metal (except aluminum) smelting and refining).

(4) For greater certainty, the meaning of “management method” as defined in subsection (1) includes the use of the following,

  1. an air pollution control device;
  2. the selection and use of equipment that prevents, minimizes or reduces the discharge of a registered contaminant;
  3. the operation of a process or equipment in a manner that prevents, minimizes or reduces the discharge of a registered contaminant;
  4. the selection and use of materials that prevents, minimizes or reduces the discharge of a registered contaminant;
  5. dust suppressants; and
  6. natural and artificial wind barriers.

(5) A reference in this industry standard to a place listed in this subsection is a reference to any point on the property on which one or more of the following places is located, unless the place is located on the same site as the mining facility:

  1. A health care facility.
  2. A senior citizens’ residence or long-term care facility.
  3. A child care facility.
  4. An educational facility.
  5. A dwelling.
  6. In respect of a mining facility, a place specified by the Director in a written notice to the registered person as a place where discharges of a registered contaminant may cause a risk to human health.

(6) Before the Director gives a person a notice under paragraph 6 of subsection (5), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends five business days after the draft is given.

(7) Words and expressions used in this industry standard have the same meaning as in the Act and O. Reg. 419/05, unless the context requires otherwise.

(8) In this industry standard, a reference to the Director means,

  1. the Director appointed under section 5 of the Act in respect of the section of this industry standard in which the reference appears; or
  2. if no Director described in clause (a) has been appointed in respect of a provision, any Director appointed under section 5 of the Act in respect of section 27.1 or paragraph 3 of subsection 11 (1) of O. Reg. 419/05.

Application

2. (1) A registered person who is registered with respect to a facility set out in Column 1 of Table 8-2 and one or more of the contaminants listed in an Appendix set out in Column 2 of Table 8-2, shall comply with the sections set out opposite the Appendix in Column 3 of Table 8-2 that apply in respect of the person.

(2) This industry standard does not apply to an activity occurring within an underground mine at a mining facility.

(3) This industry standard does not apply to concentrate contained in a slurry except where the slurry is being dewatered.

Table 8-2: Application
ItemColumn 1
Facility Type
Column 2
Appendix
Column 3
Applicable Sections
1.Mining facilityAppendix 8-A (All Contaminants): All Contaminants1-4, 9, 10, 14, 15, 17-51
2.Mining facilityAppendix 8-B (Metals): Metals5-8, 11-13, 16

Tables, initial preparation

3. (1) A registered person shall ensure that the first version of each of the following tables required under this industry standard are prepared no later than the later of May 1, 2019 and the date that the person is first registered to this industry standard in respect of the facility:

  1. The Operating Parameter Summary Table.
  2. The Visual Inspection Summary Table.
  3. The Inspection and Maintenance Summary Table.
  4. The Required Management Methods Table.

(2) A registered person shall ensure that the first version of the Outdoor Originating Source Monitoring Parameter Summary Table is prepared no later than the later of May 1, 2019 and the date that is three months from the date that the first plan applicable to the mining facility is approved by the Director under section 27.

(3) Information contained in a table required to be prepared and maintained by this industry standard shall be current to the date that the table was prepared or amended.

Part II – Storage of mining material, mill feed and concentrate

Storage of mining material

4. (1) A registered person shall ensure that mining material that may contain or discharge a registered contaminant is stored in accordance with this section.

(2) Mining material shall be stored in a manner that the surface of the material contains sufficient moisture to prevent the discharge of particulate matter into the air and the material is protected from the wind by,

  1. at least one of the methods described in subsection (3) if it is stored one kilometre or more from a place described in subsection 1 (5); or
  2. at least two of the methods described in subsection (3) if it is stored less than one kilometre from a place described in subsection 1 (5).

(3) The methods to be used to protect mining material from wind for the purposes of clauses (2) (a) and (b) are the following:

  1. Shielding the mining material from wind through the use of a wind barrier, such as trees, another natural feature or fencing.
  2. Storing the mining material such that its longitudinal axis is parallel to the prevailing wind direction.
  3. If the mining material is stored in an open pit mine, the stored material is below grade.
  4. The stored mining material is surrounded by walls on three sides and is below the height of the lowest wall.
  5. A method that, in the opinion of the Director, reduces the discharge of particulate matter into the air from the stored mining material.

(4) Despite subsection (2), on any day before July 1, 2019, mining material that is stored at an existing mining facility is only required to be stored in a manner that the surface of the material contains sufficient moisture to prevent the discharge of particulate matter into the air.

(5) A registered person shall ensure that each time water is applied to mining material for the purposes of this section a record is made containing the following information:

  1. The date, time and location of the application.
  2. The title of each personnel who assigned a person to apply water to the material.

Storage of mill feed

5. (1) A registered person shall ensure that mill feed that may contain a registered contaminant set out in Appendix 8-B (Metals) is stored in accordance with this section.

(2) A person registered in respect of a new mining facility shall ensure that mill feed is stored inside an enclosed building.

(3) A person registered in respect of an existing mining facility shall ensure that mill feed is stored,

  1. in a manner that the surface of the material contains sufficient moisture to prevent the discharge of particulate matter into the air and the material is protected from the wind by at least one of the methods described in subsection (4);
  2. inside a structure with a roof and at least three sides or a structure that is a half dome; or
  3. inside an enclosed building.

(4) The methods to be used to protect material from wind for the purposes of clauses (3) (a) are the following:

  1. Shielding the mill feed from wind through the use of a wind barrier, such as trees, another natural feature or fencing.
  2. Storing the mill feed such that its longitudinal axis is parallel to the prevailing wind direction.
  3. If the mill feed is stored in an open pit mine at the mining facility, the stored mill feed is below grade.
  4. The stored mill feed is surrounded by walls on three sides and is below the height of the lowest wall.
  5. A method that, in the opinion of the Director, reduces the discharge of particulate matter into the air from the stored mill feed.

(5) On and after July 1, 2020, clause (3) (a) does not apply to the storage of mill feed that is stored less than one kilometre from a place described in subsection 1 (5).

(6) Clause (3) (b) does not apply to the storage of mill feed that is stored less than one kilometre from a place described in subsection 1 (5) unless the structure existed prior to July 1, 2019 and has continually been used to store mill feed.

(7) A registered person shall ensure that each time water is applied to mill feed for the purposes of this section a record is made containing the following information:

  1. The date, time and location of the application.
  2. The title of each personnel who assigned a person to apply water to the mill feed.

Storage of concentrate

6. On and after July 1, 2021, a registered person shall ensure that all concentrate that may contain a registered contaminant set out in Appendix 8-B (Metals) and that is stored at the mining facility, is stored inside an enclosed building.

Part III – Material Handling and Processing

Transfer points – requirements

7. (1) On and after July 1, 2019, a registered person shall ensure that particulate matter that may contain a registered contaminant discharged during the transfer of concentrate at a transfer point inside an enclosed building is conveyed to a baghouse or wet scrubber.

(2) If concentrate that may contain a registered contaminant listed in Appendix 8-B (Metals) is transferred into a vehicle or rail car to be used for shipment, a registered person shall ensure that curtains are used to limit the discharge of particulate matter to air during the transfer, unless the vehicle or rail car is loaded in a building.

(3) Subsection (2) does not apply to the transfer of concentrate at an existing mining facility before January 1, 2020.

(4) If mill feed that may contain a registered contaminant listed in Appendix 8-B (Metals) is transferred into a vehicle or rail car to be used for shipment a registered person shall ensure that at least one of the following requirements is satisfied:

  1. The discharge of particulate matter to air is limited using curtains.
  2. The vehicle or rail car is loaded in a building.
  3. The mill feed contains sufficient moisture to prevent the discharge of particulate matter into the air.
  4. Particulate matter discharged during the transfer is conveyed to a baghouse or wet scrubber.

(5) Subsection (4) does not apply in either of the following circumstances:

  1. The transfer of mill feed at an existing mining facility occurs before July 1, 2019.
  2. The transfer of mill feed at an existing mining facility occurs at a transfer point that is located one or more kilometres from a place described in subsection 1 (5).

Conveyors – requirements

8. (1) A registered person shall ensure a conveyor that is used to handle mill feed that may contain or discharge a registered contaminant is located inside an enclosed building unless the following requirements are met:

  1. Before January 1, 2020, mill feed handled using the conveyor contains sufficient moisture to prevent the discharge of particulate matter into the air or the conveyor’s belt is covered or curtained.
  2. On and after January 1, 2020, if any point on the conveyor used to handle mill feed is less than one kilometre from a place described in subsection 1 (5) the conveyor’s belt is covered or curtained.
  3. On and after January 1, 2020, if every point on a conveyor used to handle mill feed is one kilometre or more from a place described in subsection 1 (5) the conveyor meets at least one of the following requirements:

    1. The conveyor was installed before January 1, 2020 and water spray equipment is used such that the mill feed contains sufficient moisture to prevent the discharge of particulate matter into the air.
    2. The conveyor was installed on or after January 1, 2020 and adjustable water spray equipment is used together with a variable speed conveyor such that the material contains sufficient moisture to prevent the discharge of particulate matter into the air.
    3. The conveyor’s belt is covered or curtained.

(2) On and after January 1, 2020, a registered person shall ensure that a conveyor that is used to handle concentrate that may contain or discharge a registered contaminant is located inside an enclosed building unless the conveyor’s belt is covered.

(3) Water spray equipment used for the purposes of paragraph 3 of subsection (1) is not required to be operated on a cold weather day.

(4) This section does not apply to a conveyor attached to a vehicle except where the conveyor is used in conjunction with a crusher or screener.

Material processing – requirements

9. (1) A registered person shall ensure that the following materials are not crushed or screened at a location outside of an enclosed building if the wind speed is greater than the maximum wind speed set out in the Best Practices Procedure for the crushing or screening of the material at that location:

  1. Mining material that may contain or discharge a registered contaminant.
  2. Tailings intended to be used for backfill that may contain or discharge a registered contaminant.

(2) A registered person shall ensure that material described in subsection (1) is not crushed or screened at the mining facility unless at least one of the following requirements are met:

  1. Particulate matter discharged from the crushing or screening is conveyed to a baghouse.
  2. A natural or artificial wind barrier is used to minimize the discharge of particulate matter from the area in which the material is crushed or screened.

(3) Despite subsection (2), if the mining facility is an existing mining facility, none of the management methods set out in that subsection are required to be used if water spray equipment is used to ensure that the material that is crushed or screened contains sufficient moisture to prevent the discharge of particulate matter into the air.

(4) Water spray equipment used for the purposes of subsection (3) is not required to be operated on a cold weather day.

Handling – general requirements

10. (1) A registered person shall ensure that mining material, mill feed and concentrate that may contain or discharge a registered contaminant is handled in accordance with this section.

(2) When mining material or mill feed are handled, at least one of the following requirements shall be met:

  1. The wind speed is less than the maximum wind speed set out in the Best Practices Procedure for the location and the material being handled.
  2. The surface of the material contains sufficient moisture to prevent the discharge of particulate matter into the air.

(3) On and after July 1, 2020, when mill feed is handled less than one kilometre from a place described in subsection 1 (5), a natural or artificial wind barrier shall be used to reduce the discharge of registered contaminants during the handling of the mill feed or to reduce the movement of registered contaminants through the air in the direction of a place described in subsection 1 (5).

(4) When concentrate is handled the following requirements shall be met:

  1. The wind speed is less than the maximum wind speed set out in the Best Practices Procedure for the location for the handling of concentrate.
  2. On and after July 1, 2019, if the concentrate is handled less than one kilometre from a place described in subsection 1 (5), a natural or artificial wind barrier is used to reduce the discharge of registered contaminants during the handling of the concentrate or to reduce the movement of registered contaminants through the air in the direction of a place described in subsection 1 (5).

(5) This section does not apply in the following circumstances:

  1. The handling of mining material, mill feed or concentrate within an enclosed building.
  2. Where subsection 7 (2) applies to the transferring of concentrate into a vehicle or rail car to be used for shipment.
  3. Where subsection 7 (4) applies to the transferring of mill feed into a vehicle or rail car to be used for shipment.
  4. Where subsection 7 (4) does not apply to the transferring of mill feed into a vehicle or rail car to be used for shipment because of the application of paragraph 2 of subsection 7 (5).
  5. Where section 8 applies to the handling of mill feed or concentrate by a conveyor.
  6. Where section 8 does not apply to the handling of mill feed or concentrate by a conveyor because of the application of subsection 8 (4).
  7. Where section 9 applies to the crushing or screening of mining material.
  8. The handling of mining material, mill feed or concentrate at a transfer point directly connected with the circumstances described in paragraphs 5 to 7.

Part IV – Mills

Mill operations – general requirements

11. A registered person shall ensure that a crusher, screener or dryer used to process mill feed is operated in accordance with the following requirements:

  1. The crusher, screener or dryer is operated inside an enclosed building.
  2. On and after July 1, 2020, if every part of the building in which the crusher, screener or dryer is operated is located one kilometre or more from a place described in subsection 1 (5), particulate matter that may contain a registered contaminant discharged from the operation of the crusher, screener or dryer, is conveyed to a baghouse or wet scrubber if the crusher, screener or dryer,

    1. was installed on or after July 1, 2020; or
    2. was installed on or before June 30, 2020 and a local exhaust ventilation system is used to capture the particulate matter discharged.
  3. On and after July 1, 2019, particulate matter that may contain a registered contaminant discharged from the operation of the crusher, screener or dryer, is conveyed to a baghouse or wet scrubber if any part of the building in which it is operated is located less than one kilometre from a place described in subsection 1 (5).

Grinding

12. A registered person shall ensure that the grinding of mill feed that may contain or discharge a registered contaminant is only undertaken inside an enclosed building and in accordance with at least one of the following requirements:

  1. Wet grinding is used.
  2. Particulate matter discharged during grinding is conveyed to a baghouse or wet scrubber.

Dewatering

13. (1) A registered person shall ensure that the operation of a dewatering process in the production of a concentrate from mill feed is only undertaken inside an enclosed building and using one of the following processes:

  1. A thickening process.
  2. A process that passes slurry through a filter.
  3. At an existing mining facility, drying the material using a thermal dryer installed at the facility before July 1, 2019.

(2) On and after July 1, 2019, both of the following requirements apply in respect of the use of a thermal dryer in accordance with paragraph 3 of subsection (1):

  1. The dryer shall be operated at a temperature that is lower than 200°C.
  2. Registered contaminants discharged from the dryer shall be conveyed to a baghouse.

Part V – Tailings areas

Tailings – operating requirements

14. (1) A registered person shall ensure that tailings that may contain or discharge a registered contaminant, other than tailings intended to be used for backfill, are stored in a manner that meets at least one of the following criteria:

  1. The tailings are submerged in a tailings pond.
  2. The surface of the tailings contains sufficient moisture to prevent the discharge of particulate matter into the air.
  3. The surface of the tailings is coated with a chemical dust suppressant.
  4. The surface of the tailings are covered by a sufficiently thick layer of one or more of the following materials in order to prevent the discharge of particulate matter into the air:

    1. A physical cover, such as a tarp.
    2. Mulch.
    3. A lime slurry.
    4. Bio-solids.
    5. Vegetation.
    6. Straw.
    7. Ice or snow.
    8. Another material that, in the Director’s opinion, is similar to or better than the materials described in subparagraphs i to vii in preventing the discharge of particulate matter into the air from the tailings.

(2) A registered person shall ensure that chemical dust suppressant is applied to tailings at least once between August 1 and November 1 of each year unless at least one of the following criteria are met:

  1. The tailings are submerged in a tailings pond.
  2. The tailings are covered by a material described in subparagraphs 4 i or v of subsection (1).
  3. The tailings are covered by a material mentioned in subparagraph 4 viii of subsection (1) and the Director is satisfied that dust suppressant does not need to be applied under this section.

Storage of tailings intended to be used as backfill

15. A registered person shall ensure that tailings intended to be used as backfill are stored,

  1. in an area identified on the Site Plan as an area for storing tailings intended to be used as backfill;
  2. in an area that is sheltered from the wind on at least three sides by a structure or natural feature other than vegetation, with the structure or natural feature extending to a height that is above the highest point of the stored tailings; and
  3. in a manner that the surface of the tailings contains sufficient moisture to prevent the discharge of particulate matter into the air.

Part VI – Return air raises

Return air raises

16. (1) A registered person shall ensure that the direction of the prevailing wind and the distance to any places set out in subsection 1 (5) are considered when setting the direction of discharge of any equipment that exhausts to the air from an underground mine.

(2) For each piece of equipment to which this section applies, the registered person shall ensure that a record is made documenting the date of installation and how the requirements of subsection (1) were considered.

(3) This section does not apply in respect of equipment that is installed before the date that is one year after this industry standard first applies to the mining facility.

Part VII – Open pit mines

Extraction – requirements

17. (1) On and after July 1, 2019, a registered person shall not blast or cause or permit blasting within an open pit mine all of which is located two kilometres or more from a place described in subsection 1 (5) unless,

  1. the surface of the material to be extracted by the blast is covered by one or more blasting mats; or
  2. the maximum wind speed forecasted to occur during blasting activities is less than the maximum wind speed set out in the Best Practices Procedure for the purposes of this section and the surface of the material to be extracted by the blast is sufficiently wet to prevent the discharge of a registered contaminant.

(2) On and after July 1, 2019, a registered person shall not blast or cause or permit blasting within an open pit mine any part of which is located less than two kilometres from a place described in subsection 1 (5) unless,

  1. the surface of the material to be extracted by the blast is covered by one or more blasting mats; and
  2. the surface area to be extracted by blasting is minimized to the extent practicable.

(3) On and after July 1, 2019, a registered person shall not drill or cause or permit drilling at an open pit mine for the purposes of preparing an area for the extraction of material by blasting, unless,

  1. wet drilling is used; or
  2. the drill is equipped with dust collection equipment that is used to reduce the discharge of registered contaminants to air.

(4) A registered person shall ensure that when blasting is used within an open pit mine that a record is made containing the following information:

  1. The date.
  2. The time that blasting took place.
  3. An indication of whether the extraction area was covered by a blasting mat.
  4. If the extraction area was not covered by a blasting mat in accordance with this Part, the wind speed and direction when blasting took place and the maximum wind speed set out in the Best Practices Procedure for the purposes of this section.

Part VIII – Roads

High risk road segments

18. (1) A registered person shall ensure that a record is made identifying all road segments at the mining facility that for the purposes of this industry standard are considered high risk road segments such that they may contribute in a significant way to a registered contaminant being discharged from the facility in a quantity that may adversely impact a place described in subsection 1 (5).

(2) The following criteria shall be considered when identifying high risk road segments for the purpose of subsection (1):

  1. The speed that vehicles typically travel over the road segment.
  2. The volume of vehicular traffic over the road segment.
  3. The weight of the vehicles travelling on the road segment.
  4. The distance between the road segment and a place described in subsection 1 (5).
  5. The likelihood that the road segment will contribute to an increase or has contributed to an increase in the discharge to air of particulate matter from the mining facility, including a consideration of the measurements taken in accordance with Part IX.
  6. The likelihood that the road segment will be the subject of a public complaint related to the discharge to air of particulate matter or has been the subject of such a public complaint in the preceding five-year period.
  7. The silt content or silt loading in relation to the road segment.

(3) A record required under this section shall be updated annually, but no later than March 31 in each year.

(4) A record has been updated for the purposes of subsection (3) if the information depicted on the Site Plan is current to December 31 in the preceding year.

(5) A record required by this section shall contain the following information:

  1. The length, location and surface materials of each high risk road segment that is part of the mining facility.
  2. The criteria set out in subsection (2) and any other criteria that led to a road segment being identified as a high risk road segment.

Signs, requirement to post

19. A registered person shall ensure that one or more signs indicating the following are posted so that they are visible to each direction of travel on each high risk road segment:

  1. The maximum speed that a vehicle may travel on the road, in kilometres per hour.
  2. A phone number that can be used to contact the mining facility in respect of particulate matter discharged to air from the road segment or vehicles travelling on the road segment.

Vehicles using high risk roads – requirements

20. (1) A registered person shall ensure that each vehicle carrying mill feed, tailings or concentrate at the mining facility meets the following requirements while travelling on a high risk road segment:

  1. No mill feed, tailings or concentrate is visible above the top of the portion of the vehicle in which the mining material, tailings or concentrate is carried.
  2. Mill feed or tailings carried in the vehicle is covered or contains sufficient moisture to prevent the discharge of particulate matter into the air.
  3. Concentrate carried in the vehicle is covered.
  4. The vehicle does not exceed the speed limit indicated on a sign required under section 19.

(2) Paragraphs 1, 2 and 3 of subsection (1) do not apply in respect of mill feed, tailings or concentrate contained in a vehicle that is a front end loader.

New roads

21. (1) A registered person shall ensure that a high risk road segment constructed on or after January 1, 2020 any part of which is located less than one kilometre from a place described in subsection 1 (5) is paved with a layer or layers of asphalt, concrete or asphalt emulsion.

(2) Subsection (1) does not apply to a road segment that is regularly used by overweight vehicles.

(3) For the purposes of this section,

“overweight vehicle”
means a vehicle that is prohibited from being operated on a highway by Part VIII of the Highway Traffic Act.

Road maintenance

22. (1) A registered person shall ensure that the following actions are undertaken in respect of each high risk road segment:

  1. For each part of the road segment that is paved,

    1. vacuum the part using a vacuum truck at a frequency that is equal to or greater than the minimum frequency recorded in the Best Practices Procedure; or
    2. wash the part using high pressure water at a frequency that is equal to or greater than the minimum frequency recorded in the Best Practices Procedure.
  2. Apply chemical dust suppressant or water to any unpaved parts of the road at a frequency that is equal to or greater than the minimum frequency recorded in the Best Practices Procedure.
  3. For each part of the road segment that is unpaved, ensure that the surface is covered by aggregate material, compacted or graded at a frequency that is equal to or greater than the minimum frequency recorded in the Best Practices Procedure.

(2) A registered person shall ensure that a record is made containing the following information in respect of each high risk road segment:

  1. The date a road segment is vacuumed or washed.
  2. The date chemical dust suppressant or water is applied to it and the quantity applied.
  3. The date the surface is compacted, graded or aggregate material is added.
  4. The date a high risk road segment is resurfaced.

Part IX – General operation and maintenance

Operating Parameter Summary Table

23. (1) A registered person shall ensure that a table titled “Operating Parameter Summary Table” is prepared and maintained in accordance with this section.

(2) Column 1 of the table shall separately list the equipment, whether an air pollution control device or other management method, in use at the mining facility that are described in Column 1 of Table 8-23.

(3) Columns 2 to 6 of the Operating Parameter Summary Table shall contain the following information in respect of each piece of equipment listed in Column 1 of the table:

  1. The originating sources to which the equipment relates.
  2. The operating parameters to be used to assess the effectiveness of the equipment.
  3. The measurement frequency for each operating parameter.
  4. The measurement locations for each operating parameter.
  5. The normal operating range for each operating parameter within which the equipment is considered to be operating normally.

(4) The information required to be set out in the Operating Parameter Summary Table by subsection (3) shall be determined in accordance with the text contained in Columns 2 through 6 of Table 8-23 that is set out opposite the related category of equipment in Column 1 of that Table.

(5) Subsection (2) does not apply to equipment that has been in use for less than six months.

(6) Where Table 8-23 requires that an operating parameter, measurement frequency for an operating parameter, measurement location for an operating parameter or a normal operating range for an operating parameter be determined in accordance with a recommendation from a source set out in this subsection, the operating parameter, measurement frequency, measurement location or normal operating range shall be determined by using one of the following sources:

  1. An operating and maintenance manual prepared by the related equipment manufacturer.
  2. Written instructions provided by the related equipment supplier or equipment manufacturer.
  3. Written advice from a licensed engineering practitioner that has relevant experience with respect to the subject matter of the recommendation, together with the rationale for the advice.

(7) If an operating parameter, measurement frequency, measurement location, or normal operating range set out in the Operating Parameter Summary Table is determined in accordance with a recommendation from a source set out in subsection (6), the source of the recommendation used shall also be set out in the Operating Parameter Summary Table.

(8) If an operating parameter, measurement frequency, measurement location or normal operating range set out in the Operating Parameter Summary Table is determined in accordance with a recommendation from a source set out in subsection (6), the Director may order a registered person in writing to amend the Operating Parameter Summary Table to substitute an operating parameter, measurement frequency, measurement location or normal operating range set out in the order if the Director is of the opinion that the amendment is appropriate to assess the effectiveness of the equipment.

(9) The information in the table shall be updated to reflect any material changes in the use or operation of equipment listed in Column 1 of the table, including a change to a source described in subsection (6), no later than five days after the change is made.

(10) Despite any other requirement of this section, the table shall be amended and maintained in accordance with an order made under subsection (8).

Table 8-23: Operating Parameter Summary Table
ItemColumn 1
Equipment
Column 2
Originating source
Column 3
Operating parameter
Column 4
Measurement frequency for the operating parameter
Column 5
Measurement location for the operating parameter
Column 6
Normal operating range for the operating parameter
1.Baghouse used in respect of a registered contaminantAssociated originating sourcesThe operating parameter is pressure differentialThe operating parameter shall be measured daily when the baghouse is in useThe measurement locations for the operating parameter are the baghouse inlet and the baghouse outletThe normal operating range for the operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)
2.Wet Scrubber used in respect of a registered contaminantAssociated originating sourcesThe operating parameters are the scrubbing liquid flow rate and pressure differentialThe operating parameter shall be measured daily when the wet scrubber is in useThe measurement location for the operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)The normal operating range for the operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)
3.Low temperature dryer used in respect of a registered contaminantLow temperature dryer used in respect of a registered contaminantThe operating parameter is temperatureThe operating parameter shall be measured continuously when the dryer is in useThe measurement location for the operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)The normal operating range for the operating parameter is less than 200 degrees Celsius
4.Air pollution control device used in respect of a registered contaminant that is not otherwise described in items 1 through 3Associated originating sourcesThe operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)The measurement frequency shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)The measurement location for the operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)The normal operating range for the operating parameter shall be determined in accordance with a recommendation from a source set out in subsection 23 (6)

Measurement of operating parameters

24. (1) A registered person shall ensure that the operating parameters set out in Column 3 of the Operating Parameter Summary Table are measured at the frequency and location set out for the operating parameter in Columns 4 and 5 of the table.

(2) A registered person shall ensure that a record is made containing the following information for each measurement required to be taken under subsection (1):

  1. The date on which the measurement was taken.
  2. The value of the measurement.

(3) A measurement required by this section in respect of a baghouse shall be taken when the baghouse is not in a bag cleaning cycle.

Deviations from normal operating range, operating parameters

25. (1) For the purposes of this industry standard, a deviation from the normal operating range in respect of the operation of a piece of equipment listed in the Operating Parameter Summary Table has occurred if a measured value of the operating parameter taken under subsection 24 (1) is outside of the normal operating range as set out in Column 6 of the table.

(2) If a deviation described in subsection (1) has occurred, the registered person shall ensure that one or more operational adjustments are made in respect of the piece of equipment as soon as practicable such that the operational adjustments stop the deviation from continuing or prevent a future deviation from occurring.

(3) If an operational adjustment is required to be made under this section the registered person shall ensure that a record is made containing the following information:

  1. The operating parameter to which the operational adjustments relate.
  2. The equipment for which the operating parameter was measured.
  3. The normal operating range for the operating parameter.
  4. The measurements that were outside of the normal operating range.
  5. The date, time and duration of the measurements that were outside of the normal operating range.
  6. An explanation of the suspected cause of measurements that were outside of the normal operating range.
  7. A description of each operational adjustment made and the date each operational adjustment was completed.
  8. The position title of each person who assigned a person to make an operational adjustment described in paragraph 7.

Outdoor Originating Source Monitoring Parameter Summary Table

26. (1) A registered person shall ensure that a table titled “Outdoor Originating Source Monitoring Parameter Summary Table” is prepared and maintained in accordance with this section.

(2) Column 1 of the table shall separately list the following originating sources at the mining facility together with their related identifiers assigned in accordance with section 44:

  1. Areas where mining material, mill feed or tailings are stored.
  2. Areas where mining material, mill feed, concentrate or tailings are handled or processed.
  3. High risk road segments.

(3) Subsection (2) does not apply to the following:

  1. Areas within an enclosed building or structure.
  2. Areas that are protected by a structure with a roof and at least three sides or a half dome.
  3. Tailings that are submerged in a tailings pond.

(4) Column 2 of the table shall contain the management methods described in the Best Practices Table that are used in respect of each originating source in the table.

(5) Columns 3 to 6 of the table shall contain the following information taken from a plan approved under section 27 in respect of each originating source listed in the table:

  1. The monitoring or sampling method or methods to be used to assess the effectiveness of the related management methods listed in accordance with subsection (4).
  2. The parameter to be monitored or sampled.
  3. The locations where monitoring or sampling will be undertaken.
  4. The measurement frequency for each location.

(6) Column 7 of the table shall, for each location where monitoring or sampling will be undertaken, contain the annual normal operating range or monthly normal operating ranges for the parameter determined in accordance with subsection (10) for each location where monitoring or sampling will be undertaken and within which the related management methods listed in accordance with subsection (4) are considered to be functioning such that they are minimizing or reducing the discharge of a registered contaminant.

(7) For the purposes of paragraph 2 of subsection (5),

  1. either particulate matter loading or particulate matter concentration shall be used as the parameter to assess management methods related to an originating source that is not a high risk road segment;
  2. silt content, particulate matter loading or particulate matter concentration shall be used as the parameter to assess management methods related to an unpaved high risk road segment; and
  3. silt loading, particulate matter loading or particulate matter concentration shall be used as the parameter to assess management methods related to a paved high risk road segment.

(8) For the purposes of paragraph 4 of subsection (5),

  1. particulate matter loading and particulate matter concentration shall be measured for the months of May, June, July, August, and September; and
  2. silt content and silt loading shall be measured at least four times in the period beginning May 1 and ending September 30.

(9) Despite subsection (8), silt content or silt loading may be measured no fewer than two times in the period beginning May 1 and ending September 30 in respect of a sampling location, but only if the weather conditions during that period were such that it was not practical to take more than two samples and a confirmation record has been made to that effect.

(10) For the purposes of subsection (6), a normal operating range for a monitoring or sampling location shall be determined in accordance with the following rules:

  1. If the parameter measured is particulate matter loading or particulate matter concentration a separate normal operating range for the monitoring location shall be determined for each of May, June, July, August and September, and the upper value of the monthly normal operating range shall be determined by multiplying 1.25 by the lowest three-year rolling average that can be determined from the monthly averages for the respective month that are calculated using measurements from the following sources:

    1. Measurements for the month taken at the monitoring location under section 28.
    2. Measurements for the month for the monitoring location that are contained in alternative monitoring data that is required in a plan approved under section 27 to be used for the purposes of determining the upper value of the operating range.
  2. If the upper value of a monthly normal operating range cannot be determined for the purposes of paragraph 1 because the measurements to be considered in respect of that month contain less than three consecutive years of particulate matter loading or particulate matter concentration measurements, the text “not applicable” shall be entered into Column 7 instead of a normal operating range for that month.
  3. If the parameter measured is silt content or silt loading an annual normal operating range for the sampling location shall be determined and the upper value of the annual normal operating range shall be determined by multiplying 1.25 by the lowest three-year rolling average that can be determined using annual averages from the following sources:

    1. Annual averages calculated for the sampling location under section 28.
    2. Annual averages calculated for the sampling location using measurements that are contained in alternative monitoring data that is required in a plan approved under section 27 to be used for the purposes of determining the upper value of the operating range.
  4. If the upper value of an annual normal operating range cannot be determined for the purposes of paragraph 3 because the annual averages to be considered in accordance with that paragraph contain less than three consecutive years of silt content or silt loading annual averages, the text “not applicable” shall be entered into Column 7 instead of a normal operating range.

(11) The normal operating ranges set out in Column 7 of the table shall be updated in accordance with subsection (10) and no later than March 31 in every calendar year after the year in which this section first applied to the registered person.

Monitoring plan

27. (1) A registered person shall ensure that an application is made to the Director for the approval of a plan specifying the information to be included in Columns 3 to 6 of the Outdoor Originating Source Monitoring Parameter Summary Table in accordance with this section.

(2) An application for approval of a plan under this section shall include a proposed plan that details the following:

  1. The location, size and orientation of each originating source listed in accordance with subsection 26 (2).
  2. For each originating source,

    1. the monitoring or sampling method to be used to assess the effectiveness of the related management methods.
    2. whether the parameter to be measured by the monitoring or sampling method is particulate matter loading, particulate matter concentration, silt content or silt loading, and their related units of measurement;
    3. the location of each monitoring or sampling point;
    4. the type of monitors or sampling methods to be used;
    5. the sampling frequencies and collection periods;
    6. the sampling and analysis methodologies;
    7. any monitoring data related to the discharge of a registered contaminant from an originating source that was collected in the three years preceding the application; and
    8. how the data submitted under paragraph vii is proposed to be used for the purposes of calculating the upper value of a normal operating range for the purposes of subparagraphs 1 ii and 3 ii of subsection 26 (10).
  3. The prevailing wind direction at the site.

(3) After considering the information submitted by the applicant under subsection (1), the Director shall consider whether the proposed plan is adequate to allow for the monitoring and assessment of the effectiveness of the management methods associated with the originating sources in the table and the Director may approve or refuse to approve a proposed plan, and if the Director approves a proposed plan, the Director may impose terms and conditions in the approval.

(4) When approving a plan under this section the Director may require that the registered person use alternative monitoring data submitted in accordance with subparagraph 2 vii of subsection (2) for the purposes of determining a normal operating range in accordance with subsection 26 (10) and how that data must be used for that purpose.

(5) A registered person shall ensure that an application is made to the Director for the approval of proposed amendments to a plan approved under subsection (3) in the following circumstances:

  1. An originating source described in subsection 26 (2) is added to the mining facility.
  2. An amendment to the table is required to ensure that a management method related to an originating source described in subsection 27 (2) is effective.

(6) If a registered person is required to apply to the Director under subsection (5), the registered person shall ensure that the application is made within 30 days of the circumstance described in subsection (5).

(7) A registered person shall ensure that an Outdoor Originating Source Monitoring Parameter Summary Table is updated to reflect the most recent plan approved under this section no later than the date determined by applying the following:

  1. The day that is 60 days after the day the most recent plan was approved, if the plan was approved in the month of February, March, April, May, June or July.
  2. March 31, if the plan was approved in the month of January, August, September, October, November or December.

Measurement of monitoring parameters

28. (1) A registered person shall ensure that the parameters set out in Column 4 of the Outdoor Originating Source Monitoring Parameter Summary Table are measured,

  1. at the locations and frequencies set out in Columns 5 and 6 of the table; and
  2. in accordance with the applicable plan approved under section 27.

(2) A registered person shall ensure that a record is made containing the following information for each measurement required to be taken under subsection (1):

  1. The value of the measurement.
  2. The date on which the measurement was taken.
  3. The location at which the measurement was taken.
  4. The start and end date for the taking of each sample used to determine the measurement, and the duration in number of days over which each sample was taken.

(3) A registered person shall ensure that a record is made of the following values of the measurements taken under subsection (1) in respect of each monitoring or sampling location:

  1. A value for each of May, June, July, August and September, if the parameter is particulate matter concentrate or particulate matter loading.
  2. An annual average if the parameter is silt content or silt loading.

Deviations from normal operating range, monitoring parameters

29. (1) For the purposes of this industry standard, a deviation from a normal operating range listed in Column 7 of the Outdoor Originating Source Monitoring Parameter Summary Table has occurred in respect of the effective operation of management methods used in respect of an originating source if,

  1. the monthly value of the particulate matter loading or particulate matter concentration measurements taken under subsection 28 (1) for a monitoring or sampling location in respect of the originating source exceeds the upper value of the parameter’s monthly normal operating range; or
  2. any one silt content or silt loading measurement taken under subsection 28 (1) in respect of the originating source exceeds the upper value of the parameter’s annual normal operating range.

(2) If a deviation described in subsection (1) has occurred, the registered person shall ensure that one or more operational adjustments are made in respect of the originating source as soon as practicable so that the measurements required to be taken in respect of the parameter in subsequent months do not result in a deviation described in subsection (1).

(3) If one or more operational adjustments are required to be made under subsection (2), the registered person shall ensure that consideration is given to taking one or more of the following actions in respect of that originating source:

  1. Reduce the surface area of stored material by combining material stored separately.
  2. Reduce the number of material transfer points.
  3. Reduce the height from which material is dropped from equipment, including conveyor belts, mechanical shovels and mechanical grabs.
  4. Reduce the speed of an adjustable speed conveyor.
  5. Increase the water application rate on a conveyor.
  6. Cover railcars used to transport material.
  7. Reduce the maximum wind speed at which mining material or tailings that are intended to be used for backfill may be crushed or screened for the purposes of section 9.
  8. Reduce the maximum wind speed at which mining material, mill feed or concentrate may be handled for the purposes of section 10.
  9. Reduce the maximum forecasted wind speed beyond which blasting activities in an open pit mine will not be initiated for the purposes of section 17.
  10. Increase the minimum frequency at which a paved high risk road segment is vacuumed for the purposes of section 22.
  11. Increase the minimum frequency at which a paved high risk road segment is washed using high pressure water for the purposes of section 22.
  12. Increase the minimum frequency at which chemical dust suppressant or water is applied to an unpaved high risk road segment for the purposes of section 22.
  13. Change the type of chemical dust suppressant applied to tailings or high risk road segments.
  14. Increase the minimum frequency at which an unpaved high risk road segment is covered by aggregate material, compacted or graded for the purposes of section 22.
  15. Re-evaluate which road segments have been determined to be high risk road segments for the purposes of section 18.
  16. Require any vehicle transporting or handling mining material, mill feed or concentrate to drive over a wheel shaker before the vehicle leaves the mining facility.

(4) If an operational adjustment is required to be made under subsection (2) the registered person shall ensure that a record is made containing the following information:

  1. The operating parameter and originating source to which the operational adjustments relate.
  2. The management methods to which the operating parameter relates.
  3. The normal operating range for the operating parameter.
  4. The measurements that were outside of the normal operating range.
  5. An explanation of the suspected cause of measurements that were outside of the normal operating range.
  6. A description of each operational adjustment made and the date each operational adjustment was completed.
  7. The position title of each person who assigned a person to make an operational adjustment described in paragraph 6.

(5) This section does not apply in respect of a monitoring or sampling location in respect of an originating source set out in the Outdoor Originating Source Monitoring Table for which subsection 26 (10) requires Column 7 in respect of that originating source to contain the text “Not Applicable”.

Meteorological monitoring

30. A registered person shall ensure that each day a record is made containing the following information with respect to the weather at or near the mining facility forecasted for the day together with the source of the information:

  1. The minimum temperature.
  2. The maximum wind speed.
  3. The prevailing wind direction.
  4. Whether precipitation is forecasted.

Visual Inspection Summary Table

31. (1) A registered person shall ensure that a table titled “Visual Inspection Summary Table” is prepared and maintained in accordance with this section.

(2) Column 1 of the Visual Inspection Summary Table shall separately list each originating source at the mining facility that is described in Column 1 of Table 8-31.

(3) Columns 2 and 3 of the Visual Inspection Table shall contain the following information in respect of each originating source listed in the table:

  1. The inspection frequency taken from Table 8-31 that is set out opposite the related category of originating source.
  2. The inspection objectives taken from Table 8-31 that are set out opposite the related category of originating source.

(4) A registered person shall ensure that where there has been a change to the operation of the mining facility that would necessitate an amendment to a Visual Inspection Summary Table if subsection (2) or (3) were applied, that the Table is updated in accordance with this section within 30 days of the change.

(5) With respect to a storage pile of non-ore bearing material or tailings which are submerged in a tailings pond, the pile or tailings pond is considered active for the purposes of this section if non-ore bearing material has been added to or removed from the storage pile or tailings have been added to or removed from the tailings pond within the past six days.

Table 8-31: Visual Inspection Summary Table
ItemColumn 1
Originating source
Column 2
Inspection Frequency
Column 3
Inspection Objective
1.Stored mill feed that is stored in a structure with a roof and at least three sides or within a structure that is a half dome, in accordance with subsection 5 (3)Daily
  1. No visible discharge of particulate matter to the air beyond the storage area
  2. The area surrounding the stored mill feed is free of loose mill feed
2.Stored mill feed that is required to be stored in accordance with subsection 5 (4)Daily from May 1 to October 31, inclusive
  1. No visible discharge of particulate matter to the air beyond the storage area
  2. The area surrounding the stored mill feed is free of loose mill feed
3.Stored mill feed that is required to be stored in accordance with subsection 5 (4)Once in every two week period from November 1 to April 30, inclusive
  1. No visible discharge of particulate matter to the air beyond the storage area
  2. The area surrounding the stored mill feed is free of loose mill feed
4.Stored mining material that is required to be stored in accordance with section 4Daily from May 1 to October 31, inclusive
  1. No visible discharge of particulate matter to the air beyond the storage area
  2. The area surrounding the stored mining material is free of loose mining material
5.Stored mining material that is required to be stored in accordance with section 4Once in every two week period from November 1 to April 30, inclusive
  1. No visible discharge of particulate matter to the air beyond the storage area
  2. The area around the stored mining material is free of loose mining material
6.Storage pile of non-ore bearing material that is activeDailyNo visible discharge of particulate matter to the air beyond the storage area
7.Storage pile of non-ore bearing material that is not activeOnce in every three month periodNo visible discharge of particulate matter to the air beyond the storage area
8.Tailings located less than one kilometre from a place set out in subsection 1 (5) and not submerged in a tailings pond or covered by vegetationTwice dailyNo visible discharge of particulate matter to the air beyond the tailings area
9.Tailings located one or more kilometres from a place set out in subsection 1 (5) and that are not submerged in a tailings pond or covered by vegetationDailyNo visible discharge of particulate matter to the air beyond the tailings area
10.Tailings which are covered by vegetationMonthlyNo visible discharge of particulate matter to the air beyond the tailings area
11.Tailings which are submerged in a tailings pond that is activeDaily on each day on which tailings are added to the tailings pondTailings are submerged
12.Tailings which are submerged in a tailings pond that is not activeWeeklyTailings are submerged
13.A transfer point that is not enclosed in a buildingDailyThe ground around the transfer point is free of loose mining material, mill feed, concentrate and tailings
14.A conveyor referred to in subsections 8 (1) or (2) that is not covered or enclosed in a building or structureDaily from May 1 to October 31, inclusive
  1. The surface of the mill feed contains sufficient moisture to prevent the discharge of particulate matter to the air
  2. No visible discharge of particulate matter to the air beyond the handling area
15.Areas in which mining material, mill feed or concentrate is handled that is not enclosed in a building or structure or within a structure with a roof and at least three sides or a structure that is a half domeDailyNo visible discharge of particulate matter to air beyond the handling area
16.A crusher, screener and dryer used to crush, screen or dry mill feedDailyThe area around the crusher, screener or dryer is free of loose mill feed
17.A high risk road segmentDaily from May 1 to October 31, inclusiveThe road segment is not damaged
18.A high risk road segment that is less than one kilometre from a place set out in subsection 1 (5)Twice dailyNo visible discharge of particulate matter to the air beyond the road

Visual inspection activities

32. (1) A registered person shall ensure that each originating source set out in Column 1 of the Visual Inspection Summary Table is inspected at the frequency set out for the source to confirm whether the inspection objectives set out for the source have been met.

(2) A registered person shall ensure that a record is made containing the following information in respect of each inspection conducted for the purposes of this section:

  1. The date of the inspection.
  2. The inspection objectives that were not met, if any.
  3. Other than in respect of an inspection of an originating source described in items 13 or 16 of Table 8-31, the following information:

    1. Whether the inspection occurred within the required frequency.
    2. The position title of each person who assigned a person to perform the inspection.

(3) On or before the fifth day of each month, a registered person shall ensure that the record required by subsection (2) is reviewed to determine if each inspection required by this section to have been performed in the preceding month was performed at the required frequency.

(4) If it is determined that an inspection was not performed at the required frequency, the registered person shall ensure that a record is made containing the following information:

  1. A description of the inspection that was to be performed.
  2. The date on which the inspection was to be performed.
  3. The reason the inspection was not performed at the required frequency.
  4. A description of the actions to be taken to ensure that future inspections will be performed at the required frequency.
  5. The position title of each person who assigned a person to take an action described in paragraph 4.

Deviations – visual inspections

33. (1) If an inspection objective listed in the Visual Inspection Summary Table is confirmed to have not been met during an inspection required under section 32, the registered person shall ensure that one or more actions are taken forthwith until the inspection objective is met.

(2) A registered person shall ensure that the following actions are considered when determining which actions to take for the purposes of subsection (1):

  1. Apply water or chemical dust suppressant to stored mining material, non-ore bearing material, tailings or a high risk road segment.
  2. Reduce the speed of an adjustable speed conveyor.
  3. Increase the water application rate on a conveyor.
  4. Clean the paved portion of a high risk road segment with a vacuum truck or water.
  5. Apply water to material before it is transferred at a transfer point, processed or otherwise handled.

(3) A registered person shall ensure that any deposit of particulate matter other than sand or salt on a paved portion of a high risk road segment that is located less than one kilometre from a place described in subsection 1 (5) that is observed during an inspection required under this Part is cleaned by vacuuming the road segment with a vacuum truck.

(4) Subject to subsection (5), if an action is required to be taken under subsections (1) or (3), the registered person shall ensure that a record is made containing the following information in respect of each action taken:

  1. The date of the inspection.
  2. The inspection objective or objectives that were not met.
  3. The suspected reason the inspection objective or objectives were not met.
  4. A description of each action taken, and that will be taken if applicable, to ensure the inspection objective or objectives are met.
  5. The date on which each action mentioned in paragraph 4 was or will be taken.
  6. The title of each person who assigned a person to take an action that was taken or will be taken.

(5) If an action is required to be taken under subsection (1) following an inspection of an originating source described in items 13 or 16 of Table 8-31, the registered person shall ensure that a record is made of the following information instead of the information set out in subsection (4):

  1. The action taken to meet the inspection objective.
  2. The date on which the action mentioned in paragraph 1 was taken.

Inspection and Maintenance Summary Table

34. (1) A registered person shall ensure that a table titled “Inspection and Maintenance Summary Table” is prepared and maintained in accordance with this section.

(2) Column 1 of the Inspection and Maintenance Summary Table shall separately list,

  1. each management method employed at the mining facility that is described in items 1 to 8 of Column 1 of Table 8-34; and
  2. every other piece of equipment employed at the mining facility that is described in items 9 to 11 of Column 1 of Table 8-34.

(3) Columns 2 and 3 of the Inspection and Maintenance Summary Table shall contain the following information in respect of each management method or piece of equipment listed in the table:

  1. The inspection frequency.
  2. The maintenance objectives taken from Table 8-34 that are set out opposite the related category of management method or equipment.

(4) The information required to be set out in the Inspection and Maintenance Summary Table by paragraph 1 of subsection (3) shall be determined by applying the text contained in Column 2 of Table 8-34 that is set out opposite the related category of management method or equipment in Column 1 of that Table.

(5) Where an inspection frequency may be determined in accordance with a recommendation from a source set out in this subsection, the frequency shall be taken from one of the following sources:

  1. An operating and maintenance manual prepared by the related equipment manufacturer.
  2. Written instructions provided by the related equipment supplier or equipment manufacturer.
  3. Written advice from a licensed engineering practitioner that has relevant experience with respect to the subject matter of the recommendation, together with the rationale for the advice.

(6) If an inspection frequency or maintenance objective set out in the Inspection and Maintenance Summary Table is determined in accordance with a recommendation from a source set out in subsection (5), the Director may order a registered person to amend the Inspection and Maintenance Summary Table to substitute an inspection frequency or maintenance objective set out in the order if the Director is of the opinion that the amendment is necessary to,

  1. prevent, minimize or reduce the discharge of a registered contaminant from an originating source; or
  2. ensure the normal operation of any item described in Column 1 of Table 8-34.

(7) A registered person shall ensure that where there has been a change to the operation of the mining facility that would necessitate an amendment to an Inspection and Maintenance Summary Table if subsection (2) or (3) were applied, that the Table is updated in accordance with this section within 30 days.

(8) Despite any other requirement of this industry standard, a registered person shall ensure that an Inspection and Maintenance Summary Table is amended and applied in accordance with an order made under subsection (6).

Table 8-34: Inspection and Maintenance Summary Table
ItemColumn 1
Management Method / Equipment
Column 2
Inspection Frequency
Column 3
Maintenance Objective
1.Water spray equipment used in respect of a conveyor handling mill feed referred to in subsection 8 (3)Daily from May 1 to October 31Water spray equipment is functioning
2.Water spray equipment used in respect of a conveyor handling mill feed referred to in subsection 8 (3)The inspection frequency for the management method shall be determined in accordance with a recommendation from a source set out in subsection 34 (5)Water spray equipment is dispersing an amount of water, at a pressure and angle of distribution determined in accordance with subsection 34 (5)
3.Curtains related to the transferring of mill feed or concentrate that are referred to in subsection 7 (2) or (4)Daily when mill feed or concentrate is loaded into a vehicle or railcar
  1. Curtain is correctly positioned
  2. Curtain is not damaged
4.A wet scrubberMonthly or an inspection frequency determined in accordance with a recommendation from a source set out in subsection 34 (5)
  1. No fan housing drain is clogged
  2. No solids build-up or erosion on each fan
  3. No leaks anywhere in the wet scrubber system
5.A baghouseWeeklyNo visual evidence of abnormal discharges
6.A baghouseMonthlyDust hopper is not likely to overflow
7.A baghouseAt least once in every six-month period or an inspection frequency determined in accordance with a recommendation from a source set out in subsection 34 (5)
  1. No visual evidence of damaged bags, cleaning mechanism components or dampers
  2. spare parts are available if needed
8.A baghouseAnnually or an inspection frequency determined in accordance with a recommendation from a source set out in subsection 34 (5)
  1. No sign of corrosion on any weld, joint or seal
  2. All fasteners are tightly in place
  3. All welds, joints and seals are clean and painted to avoid rusting
9.A return air rise that may discharge a registered contaminantThe inspection frequency for the management method shall be determined in accordance with a recommendation from a source set out in subsection 34 (5)No excessive accumulation of deposited material
10.A monitoring device used to measure particulate matter in the air in respect of an open pit mine for the purposes of section 38The inspection frequency for the management method shall be determined in accordance with a recommendation from a source set out in subsection 34 (5)
  1. Monitoring device is taking measurements at least 95% of the time
  2. Monitoring device is measuring accurately
11.A monitoring device not described in item 10 used to take a measurement required by this industry standardThe inspection frequency for the management method shall be determined in accordance with a recommendation from a source set out in subsection 34 (5)Monitoring device is measuring accurately

Inspection and maintenance activities

35. (1) A registered person shall ensure that each management method or piece of equipment set out in Column 1 of the Inspection and Maintenance Summary Table is inspected at the frequency set out for the method or piece of equipment to confirm whether the maintenance objectives set out for the method or piece of equipment have been met.

(2) A registered person shall ensure that a record is made containing the following information in respect of each inspection conducted for the purposes of this section:

  1. The date of the inspection.
  2. Whether the inspection occurred within the required frequency.
  3. The maintenance objectives that were not met, if any.
  4. The position title of each person who assigned a person to perform the inspection.

(3) On or before the fifth day of each month a registered person shall ensure that the record required by subsection (2) is reviewed to determine if each inspection required by this section to have been performed in the preceding month was performed at the required frequency.

(4) If it is determined that an inspection was not performed at the required frequency, the registered person shall ensure that a record is made containing the following information:

  1. A description of the inspection that was to be performed, including the management method or equipment that was to be the subject of the inspection.
  2. The date on which the inspection was to be performed.
  3. The reason the inspection was not performed at the required frequency.
  4. A description of the actions to be taken to ensure future inspections will be performed at the required frequency.
  5. The position title of each personnel who assigned a person to take an action mentioned in paragraph 4.

Deviations – inspection and maintenance

36. (1) If a maintenance objective listed in the Inspection and Maintenance Summary Table is confirmed to have not been met during an inspection required under section 35, the registered person shall ensure that one or more actions are taken without delay until the maintenance objective is met.

(2) If an action is required to be taken under subsection (1) the registered person shall ensure that a record is made containing the following information in respect of each action taken:

  1. The date of the inspection.
  2. The maintenance objective that was not met.
  3. The reason the maintenance objective was not met.
  4. A description of each action taken, and that will be taken if applicable, to ensure the maintenance objective or objectives is met.
  5. The date on which each action mentioned in paragraph 4 was or will be taken.
  6. The position title of each person who required another person to take an action that was taken or will be taken.

Part X – Communitty monitoring

Community monitors – application

37. Subsection 38 (1) and section 39 do not apply before the later of,

  1. three months from the date that the first plan applicable to the mining facility is approved by the Director under subsection 38 (7); and
  2. January 1, 2020.

Measurement of particulate matter – community monitors

38. (1) A registered person shall ensure that the amount of particulate matter in the air between each of the following originating sources and each place described in subsection 1 (5) is measured and recorded in accordance with the requirements of this section:

  1. Each place where mining material or mill feed required to be stored in accordance with Part II is stored other than in an enclosed building and every place described in subsection 1 (5) that is within one kilometre of that place.
  2. Each place where mining material, mill feed or concentrate required to be handled or processed in accordance with Part III is handled or processed other than in an enclosed building and every place described in subsection 1 (5) that is within one kilometre of that place.
  3. A mill where mill feed is crushed, screened or dried and every place described in subsection 1 (5) that is within one kilometre of that mill.
  4. Each place where tailings are stored, other than tailings intended to be used as backfill, and every place described in subsection 1 (5) that is within one kilometre of that place.
  5. Each place where tailings intended to be used as backfill are handled, processed or stored and every place described in subsection 1 (5) that is within one kilometre of that place.
  6. Each open pit mine and every place described in subsection 1 (5) that is within two kilometres of that mine.
  7. Each high risk road segment and every place described in subsection 1 (5) that is within one kilometre of that road segment.

(2) Measurements of particulate matter shall be taken in accordance with a plan approved under subsection (7).

(3) A registered person shall ensure that an application is made to the Director containing a proposed plan that details the following:

  1. The location, extent and orientation of each originating source.
  2. The number of monitors and their proposed locations.
  3. The proposed monitoring method in relation to each originating source.
  4. Whether the loading or concentration of particulate matter will be measured for each originating source.
  5. The sampling frequency and collection period for each monitor.
  6. The prevailing wind direction at each originating source.
  7. The averaging period for each monitor.
  8. Whether it is impractical to take specific samples at certain times of the year.

(4) If the originating source is an open pit mine established after July 1, 2016, a plan approved under subsection (7) shall require particulate matter discharged from the open pit mine to be measured using continuous monitoring equipment that has a sampling frequency that is not less than once in every minute and a daily averaging period.

(5) A plan approved under subsection (7) shall require either the loading or concentration of particulate matter to be measured in respect of each originating source.

(6) A plan may provide that a monitor be used in respect of more than one originating source or place described in subsection 1 (5).

(7) After considering the information submitted by the applicant under subsection (3), the Director shall consider whether the proposed plan will provide for an accurate assessment of the impact of a discharge of particulate matter on a place described in subsection 1 (5) and may approve or refuse to approve a proposed plan, and if the Director approves a proposed plan, the Director may impose terms and conditions in the approval.

(8) A registered person shall ensure that an application is made to the Director for the approval of proposed amendments to a plan approved under subsection (7) in the following circumstances:

  1. An originating source described in subsection 38 (1) is added to the mining facility.
  2. A new place described in subsection 1 (5) is established.

(9) If a registered person is required to apply to the Director under subsection (8), the registered person shall ensure that the application is made within 60 days of the circumstances occurring.

(10)A record shall be made for the purposes of this section containing the following information:

  1. If measurements are taken by a monitor that is not a continuous monitor, the value of each measurement taken.
  2. If measurements are taken by a monitor that is a continuous monitor, the daily average of the measurements taken.

(11) The following rules apply for the purposes of determining the value to be used in respect of any one measurement taken by a monitor for the purposes of determining the value to be recorded under subsection (10):

  1. If the value of a measurement taken by the monitor is less than the detection limit for the monitor’s or the analytical method used to assess the measurement, the value used shall be half of that detection limit.
  2. If the value of a measurement taken by the monitor cannot be determined for a reason other than the value of the measurement is less than the detection limit for the monitor or analytical method used to assess the measurement, no value shall be used and the record required under subsection (10) shall indicate why the monitor failed to record a measurement.

Measurement of metals – community monitors

39. (1) A registered person shall ensure that, at least once in every calendar year, the metal composition of the registered contaminants set out in Appendix 8-B (Metals) is assessed for a sample taken at each of the monitoring locations established for the purposes of section 38.

(2) A record shall be made containing the information required to be determined under subsection (1) together with any related record of analysis from the laboratory that evaluated the samples.

(3) If an assessment under subsection (1) results in a value that is below the detection limit of the analytical method uses to assess the sample, the value recorded for the purposes of subsection (2) shall be half of that detection limit.

Calculation of community monitor annual averages

40. (1) On or before March 31 in each year a registered person shall ensure that the annual average of the particulate matter measurements taken for the preceding calendar year is determined in respect of each monitoring location set out in a plan approved under subsection 38 (7).

(2) Subsection (1) applies to a registered person in each year after the monitor at the monitoring location has operated for at least one collection period as set out in a plan approved under subsection 38 (7).

Calculation of community monitor baseline

41. (1) On or before March 31 in each year a registered person shall ensure that a baseline for particulate matter for the current calendar year is determined in respect of each monitoring location set out in a plan approved under subsection 38 (7).

(2) The following rules apply for the purposes of determining a baseline for the purposes of subsection (1):

  1. The baseline shall be expressed using the same parameter, whether loading or concentration, which is measured by the related monitor.
  2. The baseline for a monitoring location shall be determined by calculating the lowest three-year rolling average that can be determined using annual averages calculated under section 40.

(3) Subsection (1) applies to a registered person in each year after the monitor at the monitoring location has operated for at least three collection periods as set out in a plan approved under subsection 38 (7).

Community monitoring – baseline analysis records

42. A registered person shall ensure that a record is made of the following information for each monitoring location required by a plan approved under subsection 38 (7) for each calendar year:

  1. The annual average calculated under section 40.
  2. The baseline determined under section 41.

Notification – community monitoring

43. (1) A registered person shall ensure that, as soon as practicable, a provincial officer is notified in writing if an annual average calculated under section 40 in respect of a calendar year is greater than the baseline determined in respect of that monitoring location for that calendar year under section 41.

(2) No later than one month after notice is required to be given under subsection (1), the registered person shall ensure that the following written information is submitted to a provincial officer:

  1. The annual average.
  2. The monitor’s baseline.
  3. The suspected reason the average exceeded the baseline.
  4. A description of any steps taken or that will be taken to prevent, minimize or reduce the risk that future annual averages exceed the baseline.
  5. An indication of the date by which each step mentioned in paragraph 4 will be implemented.
  6. A written explanation of how each step mentioned in paragraph 4 will prevent, minimize or reduce the risk of any future annual averages exceed the baseline.

Part XI – Site plan and best practices

Particulate matter management – Best Practices Procedure

44. (1) A registered person shall ensure that a record titled “Best Practices Procedure” is prepared, maintained and implemented in accordance with this section.

(2) The Best Practices Procedure shall include a site plan diagram drawn to scale that shows the following:

  1. The boundaries of the site.
  2. Roads and the portions of those roads that are paved, unpaved and high risk road segments.
  3. Open pit mines on the site.
  4. Natural and artificial wind barriers on the site.
  5. Outdoor conveyors on the site.
  6. Return air raises on the site.
  7. Areas on the site where each of the following materials are stored, handled, crushed or screened:

    1. Concentrate.
    2. Mill Feed.
    3. Mining Material.
    4. Non-ore bearing material.
    5. Tailings.
  8. Each originating source on the site that is not in an enclosed building.
  9. All structures, including buildings and fences.
  10. Each place listed in subsection 1 (5) that is located,

    1. if the mining facility includes an open pit mine, within two kilometres of the site boundary; and
    2. if the mining facility does not include an open pit mine, within one kilometre of the site boundary.
  11. The minimum distance from each place described in paragraph 10 and the boundary of the site.
  12. Where the monitoring locations of each parameter set out in the Outdoor Originating Source Monitoring Parameter Summary Table.
  13. The monitoring locations for measuring particulate matter in the air in accordance with section 38.
  14. If meteorological equipment is located on the site for the purposes of section 30, the location of that equipment.
  15. The identifiers required to be included in the Best Practices Table.
  16. A wind rose showing prevailing wind direction at the site.
  17. The information contained in paragraphs 1 to 15 for every mining facility that is located on a property that has been deemed by subsection 4 (2) of O. Reg. 419/05 to be a single property that includes the property upon which the mining facility in respect of which the registered person is registered.

(3) The Best Practices Procedure shall include a table titled “Best Practices Table” that contains the following information:

  1. Column 1 of the table shall separately list each originating source at the mining facility that is described in Column 1 of Table 8-44.
  2. For each originating source listed in Column 1 of the table, Column 2 of the table shall set out:

    1. A unique identifier for each originating source described in rows one, three, four, five, nine, ten and eleven of Table 8-44.
    2. The text “Not Applicable” for each originating source described in rows two, six, seven and eight of Table 8-44.
  3. Column 3 of the table shall set out,

    1. The information described in Column 3 of Table 8-44 in respect of each related originating source described in rows one, eight and eleven of Table 8-44.
    2. The text “Not Applicable” for the originating sources described in rows two, three, four, five, six, seven, nine and ten of Table 8-44.
  4. Column 4 of the table shall set out the management methods described in Column 4 of Table 8-44 in respect of each originating source described in Column 1 of the table.
Table 8-44: Best Practices Table
ItemColumn 1
Originating source
Column 2
Unique identifier
Column 3
Information about originating source
Column 4
Management methods
1.Areas where mining material, mill feed, tailings, non-ore bearing material or concentrate is storedUnique Identifier
  1. A description of the storage area and the material stored
  2. The sections of this industry standard that apply to the storage of the material, if any
  1. A description of how the requirements of any sections of this industry standard that apply to the storage of the material are met
  2. If water or chemical dust suppressant is applied to the stored material, the minimum frequency with which water or chemical dust suppressant is applied to the stored material, and if chemical dust suppressant is applied, the type of chemical dust suppressant
  3. A description of any other management methods used with respect to each storage area
2.Transfer points where mill feed or concentrate containing a registered contaminant listed in Appendix 8-B (Metals) is loaded into a vehicle or railcarNot ApplicableNot Applicable
  1. A description of how the requirements of section 7 are met
  2. A description of any other management methods used with respect to each transfer point
3.Areas where mining material, mill feed or concentrate is handledUnique IdentifierThe material handled in the area
  1. The maximum wind speed beyond which mining material, mill feed or concentrate will not be handled outside in the area in accordance with subsections 10 (1) and (3), together with a rationale for the wind speed
  2. Description of any other management methods used with respect to the area
4.ConveyorUnique IdentifierThe subsection of section 8 that applies to the conveyor, if any
  1. A description of how the requirement of section 8 are met
  2. A description of any other management methods used with respect to the conveyor
5.Areas where mining material or tailings intended to be used for backfill is crushed or screenedUnique IdentifierThe material processed in the area and the type of processing taking place in the area
  1. The maximum wind speeds beyond which mining material or tailings intended to be used for backfill will not be crushed or screened outside at the location in accordance with subsection 9 (1)
  2. A description of any other management methods used with respect to the area
6.Locations where mill feed is groundNot ApplicableNot Applicable
  1. A description of how the requirements of section 12 are met
  2. A description of any other management methods used with respect to the grinding of mill feed
7.Locations where a dewatering process is used in the production of concentrate from mill feedNot ApplicableNot Applicable
  1. A description of how the requirements of section 13 are met
  2. A description of any other management methods used with respect to the dewatering process
8.Open pit minesNot ApplicableAn indication of whether blasting within the open pit mine is required to comply with subsections 17 (1) or (2)
  1. A description of how the requirements of subsections 17 (1) or (2) are met including, if blasting is required to comply with subsection 17 (1), the maximum forecasted wind speed beyond which blasting activities will not be initiated, together with a rationale for the wind speed
  2. A description of how subsection 17 (3) is complied with
  3. A description of any other management methods used with respect to the open pit mine
9.Paved high risk road segmentsUnique IdentifierNot Applicable
  1. The maximum speed in kilometres per hour that vehicles are permitted to travel over the road segment
  2. The minimum frequency at which the road segment will be vacuumed or washed using high pressure water
  3. A description of any other management methods used with respect to the high risk road segment
10.Unpaved high risk road segmentsUnique IdentifierNot Applicable
  1. The maximum speed in kilometres per hour that vehicles are permitted to travel over the road segment
  2. The minimum frequency at which chemical dust suppressant or water will be applied to the road segment
  3. The minimum frequency at which the road segment will be covered by aggregate material, compacted or graded
  4. A description of any other management methods used with respect to the high risk road segment
11.Piece of equipment that exhausts to the air from an underground mineUnique IdentifierThe direction of the exhaust and the volumetric flow rate of the exhaustA description of any management methods used with respect to the equipment
12.Other originating sources required on site planNot applicableDescription of the originating sourceA description of any management methods used with respect to the originating source

(4) A maximum wind speed for the purpose of the Best Practices Table is one that, when the related activity is engaged in, it is not likely to cause a visible discharge of particulate matter beyond the area in which the activity takes place.

(5) A minimum frequency for the purposes of the Best Practices Table is one that, when an activity is engaged in, the frequency of the activity is one that is likely to prevent a visible discharge of particulate matter.

(6) The Best Practices Procedure shall be updated at least once in each year on or before March 31 and shall be reflective of the operation of the mining facility to at least December 31 in the preceding year.

(7) When updating the Best Practices Procedure, the registered person shall consider any updates as may be required to:

  1. Prevent a deviation from occurring within the meaning of section 29.
  2. Incorporate operational adjustments taken during the preceding year in accordance with section 29.
  3. Meeting the inspection objectives set out in the Visual Inspection Summary Table.
  4. Actions taken during the preceding year in accordance with section 33 as a result of an inspection objective not being met.
  5. Concentration and loading measurements taken in accordance with section 38.

(8) Any changes to the Best Practices Procedure shall be documented together with the rationale for the change, and shall include a description of,

  1. any changes made to the Site Plan and the reason for the change; and
  2. any changes made to the Best Practices Table and the reason for the change.

(9) A registered person shall ensure that all workers at the mining facility receive such training as may be required to ensure the effective implementation of the Best Practices Procedure.

(10) A registered person shall ensure that a record is made of the following information with respect to the training provided in accordance with subsection (8):

  1. The name of each person who has received the training.
  2. Each date each person received the training.

(11) For the purposes of subsection (9),

“worker”
has the same meaning as in the Occupational Health and Safety Act.

Part XII – Requirement to continue the use of management methods to manage emissions

Requirement to continue the management of originating sources

45. (1) This section applies in respect of management methods used at the mining facility that are required to be listed in the Operating Parameter Summary Table and the Best Practices Table if the management method is not required to comply with Parts II to VIII of this industry standard.

(2) The registered person shall ensure that a table titled “Required Management Methods Table” that contains the following information,

  1. Column 1 of the table separately lists the management methods described in subsection (1); and
  2. Column 2 sets out the originating sources that relate to those management methods.

(3) A registered person shall ensure that the use of a management method listed in the Required Management Methods Table is not discontinued unless,

  1. the related originating source or sources no longer exist; or
  2. the Director has authorized the discontinuance in writing.

(4) A Director may provide an authorization described in clause (3) (b) in the following situations:

  1. Any discharges that would be attributable to the originating source would be negligible if the use of the management method were discontinued.
  2. The likelihood of an adverse effect being caused by discharges from the originating source would not be increased if the use of the management method were discontinued.
  3. The management method to be discontinued will be replaced by another method or methods that are at least as effective as or better at reducing, minimizing or preventing the discharge of the related registered contaminant.
  4. The management method to be discontinued will be replaced by another method or methods that are comparable in effectiveness at reducing, minimizing or preventing the discharge of the related registered contaminant.

(5) The table required by subsection (2) shall be updated to reflect any changes made,

  1. to the Best Practices Table;
  2. to the Operating Parameter Summary Table; and
  3. in accordance with subsection (3).

Management methods for new originating sources

46. A registered person shall ensure that all new originating sources established at the mining facility are managed using one or more management methods that are as effective as or better than the methods that are used for similar sources listed in the Required Management Methods Table.

Part XIII – Complaints, annual summary reports and records

Complaint procedure

47. (1) A registered person shall ensure that the following steps are taken in response to each complaint received in respect of the mining facility that relates to a matter in this industry standard that the mining facility is required to comply with:

  1. A prompt response is provided to the complainant, unless the person requests that a response not be made or fails to provide contact information.
  2. Appropriate actions are taken to address the cause of the complaint.
  3. A written record of the complaint is made that includes the following information about the complaint and the event that is suspected to have led to the complaint:

    1. A description of the complaint.
    2. The date and time that the complaint was received.
    3. If the complaint relates to a discharge of a contaminant to air, the date, time and suspected cause of the complaint, including any originating source that may have contributed to the event.
    4. If the complaint relates to a discharge of a contaminant to air, ambient temperature and approximate wind direction and speed at the time of the discharge to which the complaint relates and other general weather conditions.
    5. A description of any actions taken to address the matter to which the complaint relates and the date each action was completed.
    6. A description of any actions taken to prevent a future complaint of a similar nature and the date each action was completed.
    7. An indication of whether the complaint was in relation to a place referred to in subsection 1 (5) and, if so, any source of a registered contaminant located less than one kilometre from the place.

(2) If a complaint mentioned in subsection (1) relates to the discharge of a contaminant to air from the mining facility, the registered person shall ensure that the Ministry’s Spills Action Centre is notified of the complaint as soon as practicable after the complaint is made.

(3) No later than five days after notification is required to be given under subsection (2), the registered person shall ensure that the record mentioned in paragraph 3 of subsection (1) is submitted to a provincial officer.

Summary reports

48. (1) A registered person shall ensure that annual summaries for each calendar year are made in accordance with this section.

(2) The annual summaries shall be completed by March 31 in a year and contain information in respect of the previous calendar year.

(3) The annual summaries required under this section are the following:

  1. A table titled “Implementation Summary Table” containing a summary of the provisions of this industry standard that apply to the mining facility, in accordance with section 2, and for each provision that applies,

    1. the date on which the provision first applied to the mining facility, and
    2. if compliance with the provision has been achieved, the date on which compliance was achieved.
  2. A table titled “Performance Summary Table” containing,

    1. the date and time each notification was given under section 43 in respect of an increase in the concentration or loading of particulate matter in the air, and
    2. an indication of whether any orders were given to the registered person under section 23 in respect of an amendment to the Operating Parameter Summary Table or under section 34 in respect of an amendment to the Inspection and Maintenance Summary Table.
  3. A summary containing the information required in a record prepared for the purposes of subsection 44 (8).
  4. A summary of the dates on which any steps were taken as described in paragraph 4 of subsection 43 (2) in relation to an increase in the concentration or loading of particulate matter in the air.
  5. A summary of any changes made to the Operating Parameter Summary Table.
  6. A summary of any changes made to the Outdoor Originating Source Monitoring Parameter Table.
  7. A summary of any changes made to the Inspection and Maintenance Summary Table.
  8. A record titled “Summary of Deviations” containing,

    1. a summary of the information contained in the following records:

      1. A record made under subsection 25 (3) in relation to operational adjustments made in respect of a deviation.
      2. A record made under subsection 29 (4) in relation to operational adjustments made in respect of a deviation.
      3. A record made under subsection 33 (4) in relation to actions taken in respect of a visual inspection objective that has not been met.
      4. A record made under subsection 36 (2) in relation to actions taken in respect of maintenance objectives that have not been met,
    2. the number of deviations requiring an operational adjustment to have been made under section 25, the number of deviations requiring an operational adjustment to have been made under section 29, the number of times that one or more actions were required to be taken under section 33 because an inspection objective was not met, and the number of times that one or more actions were required to be taken under section 36 because a maintenance objective was not met,
    3. a comparison between the numbers reported under subparagraph ii and the numbers reported in the Summary of Deviations prepared under this section for the previous year,
    4. whether any one of the events described in subparagraph ii warrant an assessment of whether further action by the registered person is required, and
    5. an assessment of whether one or more of the events described in subparagraph ii and any events that occurred in previous years are indicative of underlying chronic operational issues that need to be addressed and any actions taken to address those issues.
  9. A graphical representation of each measurement required to be taken under section 28 in respect of an originating source in the preceding ten years.
  10. A report titled the “Community Monitor Report” that sets out,

    1. a map showing the following:

      1. the location of each monitor required under a plan approved under section 38,
      2. the location of each originating source associated with a monitor required under a plan approved under section 38, and
      3. each place described in subsection 1 (5) that is associated with a monitor required under a plan approved under section 38,
    2. for each location at which the concentration or loading of particulate matter in the air is measured in accordance with section 38,

      1. each measured concentration or loading of particulate matter in the air or, if a continuous monitor is used at the location, the calculated daily average concentration or loading of particulate matter in the air,
      2. the annual average and baseline required to be recorded under section 42 and an indication of whether the annual average is greater than or lessor than the baseline, and
      3. the average of the particulate matter concentration or loading measurements taken during the year and the average concentration or loading for the preceding ten years,
    3. a summary of the records required by section 43, and
    4. for each location at which the metal composition of the registered contaminants set out in Appendix 8-B (Metals) is assessed in accordance with section 39, the metal composition determined for the purposes of that subsection during the year and the metal composition determined for the purposes of that subsection for the preceding five years.
  11. A record titled “Annual Summary of Changes to Source Information” that contains information on any changes made during the previous year in respect of air pollution control devices and other management methods employed at the mining facility and listed in the Required Management Methods Table.
  12. A table titled “Complaint Summary Table” that sets out the total number of complaints received under section 47 in respect of the mining facility in the year and the preceding year.

(4) The information contained in the records required under subsection (3) shall be certified as having been completed in accordance with the requirements of this industry standard and that the information contained in them is complete and accurate by the highest ranking person regularly present at the mining facility who has management responsibilities relating to the facility.

Public reporting

49. (1) A registered person shall ensure that the following information is made available for examination by any person without charge on a website for the mining facility and available for review during the regular business hours at the mining facility:

  1. The Community Monitoring Report required by subparagraph 10 of subsection 48 (3).
  2. An excerpted copy of the map required by subparagraph 10 i of subsection 48 (3).
  3. An excerpted copy of the information required by sub-subparagraph 10 ii C of subsection 48 (3).
  4. An excerpted copy of the information required by subparagraph 10 iv of subsection 48 (3).
  5. The Implementation Summary Table and Performance Summary Table required by paragraphs 1 and 2 of subsection 48 (3).

(2) A registered person shall ensure that, if a person requests a written copy of the information required under subsection (1), that it is given, without charge, to the person within 15 days of the request.

(3) A registered person shall ensure that the information required to be made public under this section is updated at least once in every 12-month period and not later than March 31 in each year.

Record keeping - general

50. (1) Where a record is required to be made under this industry standard and a time period within which the record is required to be made is not otherwise provided for, the record shall be made with 15 days.

(2) Where a record is required to be made under this standard in respect of the taking of a sample or measurement, or the making of an observation, the record shall be made at the same time as the event.

(3) Where an average is required to be calculated or recorded under this standard and a time period within which the average is required to be calculated or recorded is not otherwise provided for, the average shall be calculated and any related records shall be made within 45 days of the information necessary to make the calculations being available.

Record retention

51. (1) In addition to the requirements of section 165.1 (1) of the Act, a registered person shall ensure that the following records and previous versions of the records are made available at the mining facility to a provincial officer and a Director upon request:

  1. A record required to be made under this industry standard, including procedures, measurements, notifications, tables and reports;
  2. A notice or order given to the registered person in respect of this industry standard.
  3. Any documents related to the operation and maintenance of equipment used at the mining facility that is an originating source or monitor to which this industry standard applies.

(2) A record, notice or order described in paragraphs 1 and 2 of subsection (1) shall be retained for a minimum of five years from the date the record was created.

(3) A document described in paragraph 3 of subsection (1) shall be retained for a minimum of five years from the date the equipment to which the record relates was last used at the mining facility.

(4) If a record is retained in electronic form, the Director or provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both.

Appendix 8-A (All Contaminants): All Contaminants
ItemColumn 1
CAS No.
Column 2
Contaminant
17440-36-0Antimony
27440-38-2Arsenic and compounds
37440-39-3Barium – total water soluble
47440-41-7Beryllium and compounds
57440-43-9Cadmium and Cadmium Compounds
61305-78-8Calcium Oxide
77440-47-3Chromium and Chromium Compounds (Metallic, Divalent and Trivalent)
87440-48-4Cobalt
97440-50-8Copper
101309-37-1Ferric Oxide
117439-92-1Lead and Lead Compounds
127439-93-2Lithium 
131309-48-4Magnesium Oxide
147439-96-5Manganese and Manganese Compounds
157439-98-7Molybdenum
167440-02-0Nickel and Nickel Compounds
177782-49-2Selenium
187440-22-4Silver
19-Suspended Particulate Matter (< 44µm Diameter)
2013494-80-9Tellurium (except hydrogen telluride)
217440-31-5Tin
2213463-67-7Titanium dioxide
237440-62-2Vanadium
247440-66-6Zinc
257440-67-7Zirconium (and compounds)
Appendix 8-B (Metals): Metals
ItemColumn 1
CAS No.
Column 2
Contaminant
17440-36-0Antimony
27440-38-2Arsenic and compounds
37440-39-3Barium – total water soluble
47440-41-7Beryllium and compounds
57440-43-9Cadmium and Cadmium Compounds
61305-78-8Calcium oxide
77440-47-3Chromium and Chromium Compounds (Metallic, Divalent and Trivalent)
87440-48-4Cobalt
97440-50-8Copper
101309-37-1Ferric Oxide
117439-92-1Lead and Lead Compounds
127439-93-2Lithium 
131309-48-4Magnesium Oxide
147439-96-5Manganese and Manganese Compounds
157439-98-7Molybdenum
167440-02-0Nickel and Nickel Compounds
177782-49-2Selenium
187440-22-4Silver
1913494-80-9Tellurium (except hydrogen telluride)
207440-31-5Tin
2113463-67-7Titanium dioxide
227440-62-2Vanadium
237440-66-6Zinc
247440-67-7Zirconium (and compounds)
Record of Publications for Mining Sites - Industry Standard
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Mining Sites - Industry Standard
Created March 22, 2018Ballard