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Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 419/05

Amended to O. Reg. 605/05

AIR POLLUTION — LOCAL AIR QUALITY

Historical version for the period November 28, 2005 to November 29, 2005.

Note: This Regulation comes into force on November 30, 2005. See: O. Reg. 419/05, s. 41.

This Regulation is made in English only.

CONTENTS

PART I
INTERPRETATION AND APPLICATION

1.

Definitions

2.

Points of impingement

3.

Multiple discharges

4.

Adjacent properties

5.

Motor vehicles

PART II
CONTAMINANT CONCENTRATIONS AND DISPERSION MODELLING

Dispersion Models

6.

Approved dispersion models

7.

Specified dispersion models

8.

Negligible sources of contaminant

9.

Same structure contamination

10.

Operating conditions

11.

Source of contaminant emission rates

12.

Combined effect of assumptions for operating conditions and emission rates

13.

Meteorological data

14.

Area of modelling coverage

15.

Stack height for certain new sources of contaminant

16.

Terrain data

17.

Averaging periods

Contaminant Concentration Standards

18.

Schedule 1 standards

19.

Schedule 2 standards

20.

Schedule 3 standards

21.

More stringent standards in certificate of approval

Emission Summary and Dispersion Modelling Reports

22.

Requirement for ESDM report: certificates of approval

23.

Requirement for ESDM report before implementation of Schedule 3 standards

24.

Additional obligations to prepare ESDM report

25.

Update of ESDM report

26.

Contents of ESDM report

27.

Retention of ESDM report, etc.

Notice of Possible Contraventions

28.

Notice to provincial officer as a result of modelling or measurements

29.

Abatement plan

30.

Upper risk thresholds

31.

Obligations under another Act; failure to operate in normal manner

Alteration of Schedule 3 Standards

32.

Alteration of Schedule 3 standards

PART III
MISCELLANEOUS

33.

Prohibition of certain emissions

34.

Opacity

35.

Obligations under another Act; failure to operate in normal manner

36.

Fuel or waste for fuel-burning equipment, etc.

37.

Construction and sandblasting emissions, etc.

38.

Incinerators

39.

Air Pollution Index

39.1

Amendment or revocation of notices

Schedule 1

Standards with half hour averaging times

Schedule 2

Updated standards with half hour averaging times

Schedule 3

Standards with variable averaging times

Schedule 4

Target sectors for 2010

Schedule 5

Target sectors for 2013

Schedule 6

Upper risk thresholds

Schedule 7

Contaminants with updated standards

PART I
INTERPRETATION AND APPLICATION

Definitions

1. (1) In this Regulation,

“air pollution episode” means an occasion when air contamination is at such a level and for such a period of time that the air contamination may become the cause of increased human sickness and mortality;

“air pollution index” means a series of numbers expressing the relative levels of air pollution and taking into consideration one or more air contaminants;

“Appendix to Regulation 346” means the Appendix to Regulation 346 of the Revised Regulations of Ontario, 1990 (General — Air Pollution) made under the Act, as that regulation read immediately before it was revoked on November 30, 2005;

“equipment” includes apparatus, device, mechanism or structure;

“emission rate” means a rate that expresses discharges of a contaminant in units of mass over time;

“fuel burning equipment” includes equipment designed to burn fuel but does not include an internal combustion engine;

“highway” means highway as defined in subsection 1 (1) of the Highway Traffic Act;

“incinerator” includes equipment used for the burning of waste;

“NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time;

“volumetric flow rate” means a rate that expresses discharges from a source of contaminant in units of volume over time. O. Reg. 419/05, s. 1 (1).

(2) For the purposes of this Regulation,

(a) a fossil-fuel electric power generation facility with a maximum electrical power output capacity of less than 25 megawatts shall be deemed not to be part of the class identified by NAICS code 221112 (Fossil-Fuel Electric Power Generation);

(b) a mobile PCB destruction facility within the meaning of Regulation 352 of the Revised Regulations of Ontario, 1990 (Mobile PCB Destruction Facilities) made under the Act shall be deemed not to be part of the class identified by NAICS code 5622 (Waste Treatment and Disposal); and

(c) subject to clause (b), a facility shall be deemed not to be part of the class identified by NAICS code 5622 (Waste Treatment and Disposal) unless the facility,

(i) is a solid waste combustor or incinerator, or

(ii) is used for hazardous waste treatment or disposal. O. Reg. 419/05, s. 1 (2).

(3) In the Appendix to Regulation 346,

“point of emission” has the same meaning as in Regulation 346 of the Revised Regulations of Ontario, 1990 (General — Air Pollution) made under the Act, as that regulation read immediately before it was revoked on November 30, 2005. O. Reg. 419/05, s. 1 (3).

Points of impingement

2. (1) A reference in this Regulation to a point of impingement with respect to the discharge of a contaminant does not include any point that is located on the same property as the source of contaminant. O. Reg. 419/05, s. 2 (1).

(2) Despite subsection (1), a reference in this Regulation to a point of impingement with respect to the discharge of a contaminant includes a point that is located on the same property as the source of contaminant, if that point is located on,

(a) a child care facility; or

(b) a structure, if the primary purpose of the property on which the structure is located, and of the structure, is to serve as,

(i) a health care facility,

(ii) a senior citizens’ residence or long-term care facility, or

(iii) an educational facility. O. Reg. 419/05, s. 2 (2).

Multiple discharges

3. (1) For the purposes of this Regulation, except section 34, two or more discharges of a contaminant from two or more different sources of contaminant shall be deemed to be a single discharge if the sources of contaminant are all located on the same property. O. Reg. 419/05, s. 3 (1).

(2) If two or more persons discharge or cause or permit two or more discharges of a contaminant and the discharges are deemed to be a single discharge under subsection (1), the single discharge shall be deemed, for the purposes of this Regulation, to be discharged jointly by those persons. O. Reg. 419/05, s. 3 (2).

Adjacent properties

4. (1) Two properties are adjacent for the purposes of this Regulation if the boundary of one property touches or, were it not for an intervening highway, road allowance, railway line, railway allowance or utility corridor, would touch the boundary of the other property. O. Reg. 419/05, s. 4 (1).

(2) For the purposes of this Regulation, except section 34, two or more properties on which different sources of contaminant are located shall be deemed to be a single property if each of the properties is adjacent to one or more of the other properties and,

(a) the persons responsible for the sources of contaminant have jointly notified the Director in writing that they wish the properties to be deemed to be a single property;

(b) the Director has reasonable grounds to believe that a contravention of section 18, 19 or 20 may occur as a result of discharges of a contaminant from the different sources of contaminant if the properties are deemed to be a single property, and the Director has given written notice of that belief to the persons responsible for the sources of contaminant; or

Note: On November 30, 2005, clause (b) is amended by striking out “or” at the end. See: O. Reg. 605/05, ss. 1 (1), 18.

Note: On November 30, 2005, subsection (2) is amended by adding the following clause:

(b.1) the persons responsible for the sources of contaminant are required to prepare a report to which subsection 22 (1.1) applies, the Director has reasonable grounds to believe that a contravention of section 19 may occur as a result of discharges of a contaminant from the different sources of contaminant if section 19 applies and the properties are deemed to be a single property, and the Director has given written notice of that belief to the persons responsible for the sources of contaminant; or

See: O. Reg. 605/05, ss. 1 (1), 18.

(c) the persons responsible for the sources of contaminant are required to prepare a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies, the Director has reasonable grounds to believe that a contravention of section 20 may occur as a result of discharges of a contaminant from the different sources of contaminant if section 20 applies and the properties are deemed to be a single property, and the Director has given written notice of that belief to the persons responsible for the sources of contaminant. O. Reg. 419/05, s. 4 (2).

Note: On November 30, 2005, clause (c) is amended by striking out “a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies” and substituting “a report to which subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 32 (16) applies”. See: O. Reg. 605/05, ss. 1 (2), 18.

Note: On November 30, 2005, section 4 is amended by adding the following subsections:

(2.1) Subject to subsection (2.2), clause (2) (a) does not begin to apply until 60 days after the Director receives the notice referred to in that clause. O. Reg. 605/05, s. 1 (3).

(2.2) Clause (2) (a) does not apply if the Director has reasonable grounds to believe that an adverse effect may occur if one or more of the properties are excluded from the single property and gives written notice of that belief to the persons responsible for the sources of contaminant. O. Reg. 605/05, s. 1 (3).

(2.3) The Director shall not give a person a notice under subsection (2.2) unless the Director first gives the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given. O. Reg. 605/05, s. 1 (3).

See: O. Reg. 605/05, ss. 1 (3), 18.

(3) Before the Director gives a person a notice under clause (2) (c), 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 30 days after the draft is given. O. Reg. 419/05, s. 4 (3).

(4) Subsection (2) applies only if every property on which a source of contaminant is located,

(a) uses raw materials, products or services from one or more of the other properties on which the sources of contaminant are located; or

(b) provides raw materials, products or services to one or more of the other properties on which the sources of contaminant are located. O. Reg. 419/05, s. 4 (4).

(5) Clause (2) (c) only applies for the purpose of preparing the report referred to in that clause. O. Reg. 419/05, s. 4 (5).

Motor vehicles

5. This Regulation does not apply to discharges of contaminants from motor vehicles. O. Reg. 419/05, s. 5.

PART II
CONTAMINANT CONCENTRATIONS AND DISPERSION MODELLING

Dispersion Models

Approved dispersion models

6. (1) For the purposes of this Part, the method of calculation required by the Appendix to Regulation 346 is the approved dispersion model for discharges of a contaminant if section 18 or 19 applies to those discharges, except as otherwise provided. O. Reg. 419/05, s. 6 (1).

(2) For the purposes of this Part, the following dispersion models are approved dispersion models for discharges of a contaminant if section 20 applies to those discharges, except as otherwise provided:

1. The SCREEN3 dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry.

2. The ISCST3 dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry.

3. The ISCPRIME dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry.

4. The AERMOD dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry. O. Reg. 419/05, s. 6 (2).

(3) The Ministry shall make copies of the dispersion models referred to in subsection (2) available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre. O. Reg. 419/05, s. 6 (3).

Specified dispersion models

7. (1) The Director may give written notice to a person who discharges or causes or permits the discharge of contaminants from a property stating that the Director is of the opinion that, with respect to discharges of a contaminant from that property,

(a) one or more dispersion models specified in the notice would predict concentrations of the contaminant at least as accurately as an approved dispersion model;

(b) a combination specified in the notice of two or more dispersion models would predict concentrations of the contaminant at least as accurately as an approved dispersion model;

(c) a combination specified in the notice of one or more dispersion models and one or more sampling and measuring techniques would predict concentrations of the contaminant at least as accurately as an approved dispersion model; or

(d) one or more approved dispersion models specified in the notice would predict concentrations of the contaminant less accurately than,

(i) a dispersion model or combination specified under clause (a), (b) or (c), or

(ii) another approved dispersion model. O. Reg. 419/05, s. 7 (1).

(2) Before the Director gives a person a notice under subsection (1), 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 30 days after the draft is given. O. Reg. 419/05, s. 7 (2).

(3) If a notice is given under subsection (1) with respect to discharges of a contaminant from a property, a reference in this Part to an approved dispersion model shall be deemed, with respect to those discharges,

(a) to include a dispersion model or combination specified under clause (1) (a), (b) or (c); and

(b) not to include a dispersion model that is specified under clause (1) (d). O. Reg. 419/05, s. 7 (3).

(4) Subsection (3) applies in respect of all contaminants unless the notice given under subsection (1) provides that subsection (3) applies only in respect of contaminants specified in the notice. O. Reg. 419/05, s. 7 (4).

(5) Subsection (3) does not apply to a discharge of a contaminant until,

(a) three months after the notice is given under subsection (1), unless clause (b) applies; or

(b) one year after the notice is given under subsection (1), if the notice includes a notice under clause (1) (c). O. Reg. 419/05, s. 7 (5).

(6) Subsection (5) does not apply for the purpose of preparing a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies. O. Reg. 419/05, s. 7 (6).

Note: On November 30, 2005, subsection (6) is amended by striking out “a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies” at the end and substituting “a report to which subsection 22 (1.1) or (1.2), 23 (3), 24 (2), 30 (5) or 32 (16) applies”. See: O. Reg. 605/05, ss. 2 (1), 18.

(7) Subsection (5) does not apply to a discharge of a contaminant if subsection (3) would have the effect of permitting the discharge. O. Reg. 419/05, s. 7 (7).

(8) If a notice is given to a person under subsection (1) and section 20 does not apply to the person in respect of a contaminant, subsection (3) applies to the person in respect of the contaminant only after section 20 begins to apply to the person in respect of the contaminant. O. Reg. 419/05, s. 7 (8).

(9) Despite subsection (8), if a notice is given to a person under subsection (1) and section 20 does not apply to the person in respect of a contaminant, subsection (3) applies to the person in respect of the contaminant for the purpose of preparing a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies. O. Reg. 419/05, s. 7 (9).

Note: On November 30, 2005, subsection (9) is amended by striking out “a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies” at the end and substituting “a report to which subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 32 (16) applies”. See: O. Reg. 605/05, ss. 2 (2), 18.

(10) The Director may, by written notice, revoke a notice given under subsection (1). O. Reg. 419/05, s. 7 (10).

(11) Subsection (3) ceases to apply to discharges of the contaminant three months after the notice is given under subsection (10). O. Reg. 419/05, s. 7 (11).

(12) Despite subsection (11), subsection (3) does not apply to a discharge of a contaminant after the notice is given under subsection (10) if subsection (3) would have the effect of prohibiting a discharge that would otherwise be permitted. O. Reg. 419/05, s. 7 (12).

Negligible sources of contaminant

8. (1) It is not necessary, when using an approved dispersion model for the purposes of this Part, to consider a source of contaminant that discharges a negligible amount of the relevant contaminant, having regard to,

(a) the total amount of the contaminant that is discharged by all the sources of contaminant with which the approved dispersion model is used; and

(b) the nature of the contaminant. O. Reg. 419/05, s. 8 (1).

(2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of contaminants requiring the person to consider a source of contaminant specified in the notice when the person uses an approved dispersion model for the purposes of this Part, if,

(a) the Director has reasonable grounds to believe that, if the source of contaminant is considered, the person may contravene section 18, 19 or 20; or

(b) the relevant contaminant is not listed in any of Schedules 1, 2 and 3 and the Director has reasonable grounds to believe that, if the source of contaminant is considered, a discharge of the relevant contaminant may cause an adverse effect. O. Reg. 419/05, s. 8 (2).

(3) Before the Director gives a person a notice under subsection (2), 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 30 days after the draft is given. O. Reg. 419/05, s. 8 (3).

Same structure contamination

9. (1) An approved dispersion model that is used for the purposes of this Part shall be used in combination with the methods described in Chapter 44 (Building Air Intake and Exhaust Design) of the ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, as amended or revised from time to time, with respect to a point of impingement that is located on the same structure as the source of contaminant. O. Reg. 419/05, s. 9 (1).

(2) This section applies only if the approved dispersion model is used with respect to a person and contaminant to which section 19 or 20 applies. O. Reg. 419/05, s. 9 (2).

Operating conditions

10. (1) An approved dispersion model that is used for the purposes of this Part shall be used in accordance with one of the following scenarios:

1. A scenario that assumes operating conditions for the facility that would result, for the relevant contaminant, in the highest concentration of the contaminant at a point of impingement that the facility is capable of.

2. A scenario that uses actual operating data for the facility for the occasion when the highest concentration of the contaminant at a point of impingement resulted during,

i. the year preceding the year in which the model is being used, or

ii. the year in which the model is being used, if the facility did not operate at any time during the year referred to in subparagraph i. O. Reg. 419/05, s. 10 (1).

(2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of contaminants from a facility requiring the person to use an approved dispersion model for the purposes of this Part in accordance with the scenario described in paragraph 2 of subsection (1), if,

(a) the Director has reasonable grounds to believe that the person may contravene section 18, 19 or 20; or

(b) the relevant contaminant is not listed in any of Schedules 1, 2 and 3 and the Director has reasonable grounds to believe that the person has discharged or caused or permitted a discharge of the relevant contaminant into the air and that the discharge may cause an adverse effect. O. Reg. 419/05, s. 10 (2).

(3) Before the Director gives a person a notice under subsection (2), 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 30 days after the draft is given. O. Reg. 419/05, s. 10 (3).

(4) Paragraph 2 of subsection (1) and subsection (2) do not apply if the facility did not operate at any time during the year in which the model is being used or during the year preceding the year in which the model is being used. O. Reg. 419/05, s. 10 (4).

Source of contaminant emission rates

11. (1) An approved dispersion model that is used for the purposes of this Part shall be used with an emission rate for each source of contaminant that is determined in one of the following ways:

1. The emission rate is at least as high as the maximum emission rate that the source of contaminant is reasonably capable of for the relevant contaminant.

2. The emission rate is derived from site-specific testing of the source of contaminant that meets all of the following criteria:

i. The testing must be conducted comprehensively across a full range of operating conditions.

ii. The testing must be conducted according to a plan approved by the Director as likely to provide an accurate reflection of emissions.

iii. The Director must be given written notice at least 15 days before the testing and representatives of the Ministry must be given an opportunity to witness the testing.

iv. The Director must approve the results of the testing as an accurate reflection of emissions.

3. The emission rate is derived from a combination of a method that complies with paragraph 1 or 2 and ambient monitoring, according to a plan approved by the Director as likely to provide an accurate reflection of emissions. O. Reg. 419/05, s. 11 (1).

(2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of contaminants requiring the person to use an approved dispersion model for the purposes of this Part with an emission rate for each source of contaminant that is derived in accordance with paragraph 2 or 3 of subsection (1), if,

(a) the Director has reasonable grounds to believe that the person may contravene section 18, 19 or 20; or

(b) the relevant contaminant is not listed in any of Schedules 1, 2 and 3 and the Director has reasonable grounds to believe that the person has discharged or caused or permitted a discharge of the relevant contaminant into the air and that the discharge may cause an adverse effect. O. Reg. 419/05, s. 11 (2).

(3) Before the Director gives a person a notice under subsection (2), 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 30 days after the draft is given. O. Reg. 419/05, s. 11 (3).

Combined effect of assumptions for operating conditions and emission rates

12. (1) Despite subsections 10 (1) and 11 (1), if an approved dispersion model is used in accordance with the scenario described in paragraph 1 of subsection 10 (1) and with emission rates determined in accordance with paragraph 1 of subsection 11 (1) and,

(a) the use of the model indicates that discharges of the relevant contaminant from the property may result in a contravention of section 18, 19 or 20; or

(b) the relevant contaminant is not listed in any of Schedules 1, 2 and 3 and the use of the model indicates that discharges of the contaminant may cause an adverse effect,

the approved dispersion model shall be used in accordance with the scenario described in paragraph 2 of subsection 10 (1) and with emission rates determined in accordance with paragraph 2 or 3 of subsection 11 (1). O. Reg. 419/05, s. 12 (1).

Note: On November 30, 2005, subsection (1) is revoked and the following substituted:

Combined effect of assumptions for operating conditions and emission rates

(1) Despite subsections 10 (1) and 11 (1), an approved dispersion model that is used for the purposes of this Part shall be used in accordance with a scenario described in paragraph 2 of subsection 10 (1) and with an emission rate determined in accordance with paragraph 3 of subsection 11 (1). O. Reg. 605/05, s. 3.

See: O. Reg. 605/05, ss. 3, 18.

(2) Despite subsection (1), an approved dispersion model may be used in accordance with the scenario described in paragraph 1 of subsection 10 (1) or with emission rates determined in accordance with paragraph 1 of subsection 11 (1), but not with both, if,

(a) the model does not indicate that discharges of the relevant contaminant from the property may result in a contravention of section 18, 19 or 20; or

(b) the relevant contaminant is not listed in any of Schedules 1, 2 and 3 and the use of the model does not indicate that discharges of the contaminant may cause an adverse effect. O. Reg. 419/05, s. 12 (2).

Note: On November 30, 2005, subsection (2) is revoked and the following substituted:

(2) Despite subsection (1), an approved dispersion model that is used for the purposes of this Part may be used in another manner that is in accordance with sections 10 and 11 if,

(a) the use of the model does not indicate that discharges of the relevant contaminant from the property may result in a contravention of section 18, 19 or 20; or

(b) the relevant contaminant is not listed in any of Schedules 1, 2 and 3 and the use of the model does not indicate that discharges of the contaminant may cause an adverse effect. O. Reg. 605/05, s. 3.

See: O. Reg. 605/05, ss. 3, 18.

(3) This section does not apply to a contaminant if a written abatement plan for discharges of the contaminant from the property has been prepared and submitted to a provincial officer in accordance with section 29. O. Reg. 419/05, s. 12 (3).

Meteorological data

13. (1) An approved dispersion model that is used for the purposes of this Part shall be used with one of the following types of meteorological data:

1. Regional meteorological data for the part of Ontario in which the source of contaminant is located that was available on May 10, 2005, and that continues to be available, through the Ministry’s Public Information Centre.

2. Data described in paragraph 1 that has been refined to reflect local land use conditions.

3. Local or site-specific meteorological data approved by the Director as an accurate reflection of meteorological conditions.

4. Data obtained from a computational method, if the Director is of the opinion that the data is at least as accurate as data that would be obtained by local or site-specific meteorological monitoring. O. Reg. 419/05, s. 13 (1).

(2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant requiring that an approved dispersion model that is used for the purposes of this Part be used with a type of meteorological data specified in the notice that, in the opinion of the Director, accurately reflects meteorological conditions. O. Reg. 419/05, s. 13 (2).

(3) Before the Director gives a person a notice under subsection (2), 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 30 days after the draft is given. O. Reg. 419/05, s. 13 (3).

(4) This section applies only if the approved dispersion model is used with respect to a person and contaminant to which section 20 applies. O. Reg. 419/05, s. 13 (4).

Area of modelling coverage

14. (1) Subject to subsections (2) and (3), an approved dispersion model that is used for the purposes of this Part shall be used in a manner that predicts the concentration of the relevant contaminant at points of impingement separated by intervals of,

(a) 20 metres or less, in an area that is bounded by a rectangle, where every point on the boundary of the rectangle is at least 200 metres from every source of contaminant;

(b) 50 metres or less, in an area that surrounds the area described in clause (a) and that is bounded by a rectangle, where every point on the rectangle is at least 300 metres from the area described in clause (a);

(c) 100 metres or less, in an area that surrounds the area described in clause (b) and that is bounded by a rectangle, where every point on the rectangle is at least 800 metres from the area described in clause (a);

(d) 200 metres or less, in an area that surrounds the area described in clause (c) and that is bounded by a rectangle, where every point on the rectangle is at least 1,800 metres from the area described in clause (a);

(e) 500 metres or less, in an area that surrounds the area described in clause (d) and that is bounded by a rectangle, where every point on the rectangle is at least 4,800 metres from the area described in clause (a);

(f) 1,000 metres or less, in the area that surrounds the area described in clause (e). O. Reg. 419/05, s. 14 (1).

(2) It is not necessary to use an approved dispersion model for the purposes of this Part in a manner that predicts the concentration of the relevant contaminant at a point of impingement if the distance from that point of impingement to the property on which the sources of contaminant are located is greater than the distance from the point of impingement where the concentration of that contaminant would be highest, according to the approved dispersion model, to the property on which the sources of contaminant are located. O. Reg. 419/05, s. 14 (2).

(3) If an approved dispersion model is used for the purposes of this Part with respect to a property on which sources of contaminant are located and any point on the property boundary of the property is within 200 metres of any source of contaminant, the model shall be used in a manner that predicts the concentration of the relevant contaminant at points of impingement along the entire property boundary, and those points of impingement shall be separated by intervals of 10 metres or less. O. Reg. 419/05, s. 14 (3).

(4) Despite subsections (1) to (3), the Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant requiring that an approved dispersion model that is used for the purposes of this Part be used in a manner that predicts the concentration of the relevant contaminant at points of impingement described in the notice. O. Reg. 419/05, s. 14 (4).

(5) Before the Director gives a person a notice under subsection (4), 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 30 days after the draft is given. O. Reg. 419/05, s. 14 (5).

(6) Subsections (1) to (5) apply only if the approved dispersion model is used with respect to a person and contaminant to which section 20 applies. O. Reg. 419/05, s. 14 (6).

(7) With respect to points of impingement on structures that are above ground level, an approved dispersion model that is used for the purposes of this Part shall be used in a manner that predicts the concentration of the relevant contaminant at a sufficient number of points of impingement on those structures to identify any points where discharges of the contaminant may result in an adverse effect or a contravention of section 18, 19 or 20. O. Reg. 419/05, s. 14 (7).

Stack height for certain new sources of contaminant

15. (1) This section applies to a source of contaminant if all of the following criteria are met:

1. The source of contaminant discharges contaminants directly into the natural environment.

2. Construction of the source of contaminant began after November 30, 2005.

3. No application was made on or before November 30, 2005 for a certificate of approval in respect of the source of contaminant.

4. The source of contaminant is located in an area around a structure that is bounded by a circle that has a radius of five times the lesser of the following:

i. The height above ground level of the structure.

ii. The greatest width presented to the wind by the structure, measured perpendicularly to the direction of the wind. O. Reg. 419/05, s. 15 (1).

(2) If an approved dispersion model is used for the purposes of this Part with respect to a source of contaminant to which this section applies, the height at which contaminants are discharged into the air from the source of contaminant that is used with the model must be the lower of the following heights:

1. The actual height above ground level at which contaminants are discharged into the air from the source of contaminant.

2. The higher of the following heights:

i. Sixty-five metres.

ii. The height described in subsection (3). O. Reg. 419/05, s. 15 (2).

(3) The height referred to in subparagraph 2 ii of subsection (2) is the height determined by the following formula:

A + (1.5 × B)

where,

A = the height above ground level of the structure referred to in paragraph 4 of subsection (1),

B = the lesser of,

i. the height above ground level of the structure referred to in paragraph 4 of subsection (1), and

ii. the greatest width presented to the wind by the structure referred to in paragraph 4 of subsection (1), measured perpendicularly to the direction of the wind.

O. Reg. 419/05, s. 15 (3).

(4) If paragraph 4 of subsection (1) applies to a source of contaminant in respect of more than one structure, the references in subsection (3) to the structure referred to in paragraph 4 of subsection (1) shall be deemed to be references to the structure for which the height referred to in subparagraph 2 ii of subsection (2) is the greatest. O. Reg. 419/05, s. 15 (4).

(5) This section applies only if the approved dispersion model is used with respect to a person and contaminant to which section 20 applies. O. Reg. 419/05, s. 15 (5).

Terrain data

16. (1) If an approved dispersion model is used for the purposes of this Part with respect to any point of impingement that has an elevation higher than the lowest point from which the relevant contaminant is discharged from a source of contaminant, the model shall be used in a manner that employs terrain data. O. Reg. 419/05, s. 16 (1).

(2) This section applies only if the approved dispersion model is used with respect to a person and contaminant to which section 20 applies. O. Reg. 419/05, s. 16 (2).

Averaging periods

17. (1) If a provision of this Part refers to an approved dispersion model being used in connection with a standard that applies to a specified averaging period, the following rules apply for the purposes of this Part:

1. If an approved dispersion model was designed to be used for the specified averaging period, it shall be used as it was designed for that averaging period.

2. If an approved dispersion model was not designed to be used for the specified averaging period but was designed to be used for an averaging period shorter than the specified averaging period, the model may be used as it was designed for the shorter averaging period if the result produced by the model is adjusted in accordance with subsection (2).

3. If the specified averaging period is less than one hour and an approved dispersion model was designed to be used for a one hour period, the model may be used as it was designed for a one hour period if the result produced by the model is adjusted in accordance with subsection (2).

4. If the use of an approved dispersion model is not authorized or required by paragraph 1, 2 or 3, the model shall not be used. O. Reg. 419/05, s. 17 (1).

(2) If a provision of this Part refers to an approved dispersion model being used in connection with a standard that applies to a specified averaging period,

(a) the result produced by the approved dispersion model shall be multiplied by the amount determined in accordance with subsection (3), if the model is used under paragraph 2 of subsection (1); and

(b) the result produced by the approved dispersion model shall be divided by the amount determined in accordance with subsection (3), if the model is used under paragraph 3 of subsection (1). O. Reg. 419/05, s. 17 (2).

(3) The amount referred to in clauses (2) (a) and (b) is the amount determined in accordance with the following formula:

(t0 ÷ t1)n

where,

t0 = the shorter of,

i. the averaging period that the approved dispersion model was designed to be used for, expressed in hours, and

ii. the specified averaging period, expressed in hours,

t1 = the longer of,

i. the averaging period that the approved dispersion model was designed to be used for, expressed in hours, and

ii. the specified averaging period, expressed in hours,

n = 0.28 or, if the Director is satisfied that another number would result in an adjustment that produces a more accurate prediction of the concentration of the relevant contaminant, the other number.

O. Reg. 419/05, s. 17 (3).

(4) This section applies only if the approved dispersion model is used with respect to a person and contaminant to which section 20 applies. O. Reg. 419/05, s. 17 (4).

Contaminant Concentration Standards

Schedule 1 standards

18. (1) A person shall not, before February 1, 2010, discharge or cause or permit the discharge of a contaminant listed in Schedule 1 into the air if the discharge results in the concentration of the contaminant at a point of impingement exceeding the half hour standard set out for the contaminant in Schedule 1. O. Reg. 419/05, s. 18 (1).

(2) A person shall not, before February 1, 2010, discharge or cause or permit the discharge of a contaminant listed in Schedule 1 into the air if the discharge would result, according to the method of calculation required by the Appendix to Regulation 346, in the concentration of the contaminant at a point of impingement exceeding the half hour standard set out for the contaminant in Schedule 1. O. Reg. 419/05, s. 18 (2).

(3) This section does not apply to a discharge from a facility if,

(a) the facility is part of a class identified by a NAICS code listed in Schedule 4 or 5, construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility; or

(b) section 20 applies to discharges of the contaminant from the facility pursuant to a notice under subsection 20 (4). O. Reg. 419/05, s. 18 (3).

Schedule 2 standards

19. (1) A person shall not, after January 31, 2010 and before February 1, 2020, discharge or cause or permit the discharge of a contaminant listed in Schedule 2 into the air if the discharge results in the concentration of the contaminant at a point of impingement exceeding the half hour standard set out for the contaminant in Schedule 2. O. Reg. 419/05, s. 19 (1).

(2) A person shall not, after January 31, 2010 and before February 1, 2020, discharge or cause or permit the discharge of a contaminant listed in Schedule 2 into the air if the discharge would result, according to the method of calculation required by the Appendix to Regulation 346, in the concentration of the contaminant at a point of impingement exceeding the half hour standard set out for the contaminant in Schedule 2. O. Reg. 419/05, s. 19 (2).

(3) This section does not apply to a discharge of a contaminant from a facility if,

(a) the facility is part of a class identified by a NAICS code listed in Schedule 4;

(b) the facility is part of a class identified by a NAICS code listed in Schedule 5, other than a class identified by a NAICS code listed in Schedule 4, and,

(i) the discharge occurs on or after February 1, 2013, or

(ii) construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility; or

(c) section 20 applies to discharges of the contaminant from the facility pursuant to a notice or order under subsection 20 (4) or (5). O. Reg. 419/05, s. 19 (3).

Schedule 3 standards

20. (1) A person shall not discharge or cause or permit the discharge of a contaminant listed in Schedule 3 into the air if a standard is set out in that Schedule for the contaminant for a specified averaging period and the discharge results in the concentration of the contaminant at a point of impingement exceeding that standard. O. Reg. 419/05, s. 20 (1).

(2) A person shall not discharge or cause or permit the discharge of a contaminant listed in Schedule 3 into the air if a standard is set out in that Schedule for the contaminant for a specified averaging period and the discharge would result, according to an approved dispersion model, in the concentration of the contaminant at a point of impingement exceeding that standard. O. Reg. 419/05, s. 20 (2).

(3) This section does not apply to a discharge of a contaminant from a facility unless,

(a) the facility is part of a class identified by a NAICS code listed in Schedule 4 and,

(i) the discharge occurs on or after February 1, 2010, or

(ii) construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility;

(b) the facility is part of a class identified by a NAICS code listed in Schedule 5, other than a class identified by a NAICS code listed in Schedule 4, and,

(i) the discharge occurs on or after February 1, 2013, or

(ii) construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility;

(c) the Director has, in respect of the facility, approved a request under section 32 to alter the standard set out in Schedule 3 for the contaminant;

(d) compliance with this section is required by a notice given or order made by the Director under subsection (4) or (5) in respect of discharges of the contaminant from the facility; or

(e) the discharge occurs on or after February 1, 2020. O. Reg. 419/05, s. 20 (3).

(4) The Director may give a person who discharges or causes or permits discharges of contaminants from a facility notice requiring the person to comply with this section, beginning on a date specified in the notice that is not later than January 31, 2020, if the notice is requested in writing by the person. O. Reg. 419/05, s. 20 (4).

(5) The Director may order a person who discharges or causes or permits discharges of contaminants from a facility to comply with this section, beginning on a date specified in the order that is not earlier than February 1, 2010, is not earlier than three months after the order is made and is not later than January 31, 2020, if,

(a) a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies has been prepared and the report indicates that, if this section applied, discharges of a contaminant from the facility might result in a contravention of this section; and

Note: On November 30, 2005, clause (a) is amended by striking out “a report to which subsection 23 (3), 24 (2), 30 (5) or 32 (16) applies” at the beginning and substituting “a report to which subsection 22 (1.2), 23 (3), 24 (2), 30 (5) or 32 (16) applies”. See: O. Reg. 605/05, ss. 4, 18.

(b) the Director is of the opinion that discharges of the contaminant from the facility may result in an adverse effect. O. Reg. 419/05, s. 20 (5).

(6) A notice or order under subsection (4) or (5) applies in respect of all contaminants unless the notice or order provides that it applies only in respect of contaminants specified in the notice or order. O. Reg. 419/05, s. 20 (6).

More stringent standards in certificate of approval

21. Sections 18, 19 and 20 do not apply to a discharge of a contaminant if a certificate of approval imposes a more stringent standard. O. Reg. 419/05, s. 21.

Emission Summary and Dispersion Modelling Reports

Requirement for ESDM report: certificates of approval

22. (1) A person who applies for a certificate of approval or amendment to a certificate of approval in respect of a facility that discharges or will discharge a contaminant into the air shall prepare a report in accordance with section 26 and submit it to the Director as part of the application. O. Reg. 419/05, s. 22 (1).

Note: On November 30, 2005, section 22 is amended by adding the following subsections:

(1.1) Section 19 shall be deemed to apply for the purpose of preparing the report referred to in subsection (1) if,

(a) the application is made after January 31, 2009 and before February 1, 2010; and

(b) section 20 will not apply to discharges of the contaminant on February 1, 2010. O. Reg. 605/05, s. 5.

(1.2) Section 20 shall be deemed to apply for the purpose of preparing the report referred to in subsection (1) if,

(a) the application is made after January 31, 2009 and before February 1, 2010 and, pursuant to subclause 20 (3) (a) (i), section 20 will first apply to discharges of the contaminant on February 1, 2010;

(b) the application is made after January 31, 2012 and before February 1, 2013 and, pursuant to subclause 20 (3) (b) (i), section 20 will first apply to discharges of the contaminant on February 1, 2013; or

(c) the application is made after January 31, 2019 and before February 1, 2020 and, pursuant to clause 20 (3) (e), section 20 will first apply to discharges of the contaminant on February 1, 2020. O. Reg. 605/05, s. 5.

See: O. Reg. 605/05, ss. 5, 18.

(2) Subsection (1) does not apply to a person if the Director is satisfied that the impact of discharges of contaminants can effectively be evaluated by other methods. O. Reg. 419/05, s. 22 (2).

Requirement for ESDM report before implementation of Schedule 3 standards

23. (1) A person who discharges or causes or permits discharges of a contaminant into the air shall, before February 1, 2010, prepare a report in accordance with section 26 if, pursuant to subclause 20 (3) (a) (i), section 20 will first apply to those discharges on that date. O. Reg. 419/05, s. 23 (1).

(2) A person who discharges or causes or permits discharges of a contaminant into the air shall, before February 1, 2013, prepare a report in accordance with section 26 if, pursuant to subclause 20 (3) (b) (i), section 20 will first apply to those discharges on that date. O. Reg. 419/05, s. 23 (2).

(3) If a person is required to prepare a report under this section, section 20 shall be deemed to apply for the purpose of preparing the report. O. Reg. 419/05, s. 23 (3).

Additional obligations to prepare ESDM report

24. (1) The Director may give a person written notice requiring the person to prepare a report in accordance with section 26 and submit the report to the Director if the Director has reasonable grounds to believe that,

(a) the person may contravene section 18, 19 or 20;

(b) the person discharges or causes or permits the discharge of a contaminant into the air and the discharge may cause an adverse effect; or

(c) the person discharges or causes or permits discharges of a contaminant into the air from two or more different sources of contaminant, the sources of contaminant are all located on the same property, and the person has never prepared a report in accordance with section 26 or a report that the Director considers equivalent to a report prepared in accordance with section 26. O. Reg. 419/05, s. 24 (1).

(2) If a notice is given under subsection (1) to a person to whom section 18 or 19 applies in respect of a contaminant, the notice may require the report to be prepared as if section 20 applied and, in that case, section 20 shall be deemed to apply for the purpose of preparing the report. O. Reg. 419/05, s. 24 (2).

(3) Before the Director gives a person a notice under subsection (1), 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 15 days after the draft is given. O. Reg. 419/05, s. 24 (3).

Update of ESDM report

25. (1) If a report was prepared under section 23 that was required by that section to be prepared before February 1 in a year, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in that year. O. Reg. 419/05, s. 25 (1).

(2) If a person updates a report under subsection (1) or this subsection, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report again in accordance with section 26 so that the information in the report is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8). O. Reg. 419/05, s. 25 (2).

(3) If a report is prepared under subsection 22 (1) in respect of a facility that is part of a class identified by a NAICS code listed in Schedule 4, construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in the year the report was prepared. O. Reg. 419/05, s. 25 (3).

(4) If a report was prepared under subsection 22 (1) in respect of a facility that is part of a class identified by a NAICS code listed in Schedule 5, other than a class identified by a NAICS code listed in Schedule 4, construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in the year the report was prepared. O. Reg. 419/05, s. 25 (4).

(5) If a report was prepared under subsection 24 (1) or 30 (4) or paragraph 1 of subsection 32 (13), the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in the year the report was prepared. O. Reg. 419/05, s. 25 (5).

(6) Subsection (5) does not apply if the Director is satisfied that discharges of contaminants from the property will not result in a contravention of section 18, 19 or 20 and is not likely to cause an adverse effect. O. Reg. 419/05, s. 25 (6).

(7) If a report is updated under subsection (3), (4) or (5) or this subsection, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report again in accordance with section 26 so that the information in the report is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8). O. Reg. 419/05, s. 25 (7).

(8) If a person is required under this section to update a report so that the information in the report is accurate as of December 31 in a year, the person shall complete the update not later than March 31 in the following year. O. Reg. 419/05, s. 25 (8).

(9) A person who is required under subsection (8) to complete the update of a report not later than March 31 in a year shall, as soon as practicable after that date, notify a provincial officer in writing if the person has started to use an approved dispersion model with respect to a contaminant for the purpose of completing the update but has not yet complied with section 12, and,

(a) the use of the model indicates that discharges of the contaminant may result in a contravention of section 18, 19 or 20; or

(b) the contaminant is not listed in any of Schedules 1, 2 and 3 and the use of the model indicates that discharges of the contaminant may cause an adverse effect. O. Reg. 419/05, s. 25 (9).

(10) If a person is required to give notice under subsection (9), the Director may require the person to provide the Director with the following:

Note: On November 30, 2005, subsection (10) is amended by striking out the portion before paragraph 1 and substituting the following:

(10) If a person is required to give notice under subsection (9), the Director may give the person a written notice requiring the person to provide the Director with the following:

See: O. Reg. 605/05, ss. 6 (1), 18.

1. A written statement or map identifying the location of any point of impingement where the use of the approved dispersion model indicates that discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect.

2. A written statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement.

3. A written statement specifying the number of days for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of days in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1 or 2 of subsection 13 (1),

ii. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or

iii. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1). O. Reg. 419/05, s. 25 (10).

(11) If a person is required to give notice under subsection (9) and, according to measurements of air samples collected at a point of impingement, discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, the Director may require the person to provide the Director in writing with the following:

Note: On November 30, 2005, subsection (11) is amended by striking out the portion before paragraph 1 and substituting the following:

(11) If a person is required to give notice under subsection (9) and, according to measurements of air samples collected at a point of impingement, discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, the Director may give the person a written notice requiring the person to provide the Director with the following:

See: O. Reg. 605/05, ss. 6 (2), 18.

1. A written statement or map identifying the location of the point of impingement.

2. A written statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant.

3. A written statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant and that indicated that discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of air samples referred to in paragraph 2. O. Reg. 419/05, s. 25 (11).

Note: On November 30, 2005, section 25 is amended by adding the following subsection:

(12) A person who is required to give a notice under subsection (9) shall, as soon as practicable after section 12 is complied with and the update is completed, submit to the Director a copy of the updated Emissions Summary Table described in paragraph 14 of subsection 26 (1). O. Reg. 605/05, s. 6 (3).

See: O. Reg. 605/05, ss. 6 (3), 18.

Contents of ESDM report

26. (1) A report that is required to be prepared or updated in accordance with this section must contain the following:

1. A description of the activities that are engaged in on the property from which contaminants are discharged, including, if anything is produced on the property,

i. a description of what is produced and a statement of the amount of product that is produced on each day that the production process operates in accordance with the operating conditions described in paragraph 6,

ii. a description of the steps involved in the production process, including a drawing of the process,

iii. a description of the materials used in the production process, and

iv. a statement of the number of weeks per year, the number of days per week and the number of hours per day that the production process is in operation.

2. Subject to subsections (2) and (3), a list of all contaminants that are discharged from the property and, for each of those contaminants, a list of all the sources of contaminant that are located on the property.

3. For each source of contaminant listed for a contaminant under paragraph 2,

i. a description of the source of contaminant, including the location of the source of contaminant,

ii. an indication of whether the source of contaminant was considered when using an approved dispersion model in respect of the contaminant for the purpose of this section, and

iii. if, pursuant to section 8, the source of contaminant was not considered when using an approved dispersion model in respect of the contaminant for the purpose of this section, an explanation of how it was determined that the source of contaminant discharges a negligible amount of the contaminant.

4. Subject to subsections (2) and (3), a list of all contaminants that are discharged from the property in an amount that is not negligible.

5. For each contaminant listed under paragraph 2 that is discharged from the property in an amount that is negligible, an explanation of how it was determined that the amount is negligible.

6. For each contaminant listed under paragraph 4, a description of the operating conditions that were used in accordance with section 10 when using an approved dispersion model in respect of the contaminant for the purpose of this section.

7. For each source of contaminant identified under subparagraph 3 ii as a source of contaminant that was considered, with respect to a contaminant listed under paragraph 4, when using an approved dispersion model for the purpose of this section,

i. an explanation, for each averaging period used with respect to that contaminant and source of contaminant, of the method used to estimate the emission rate for the contaminant and source of contaminant,

ii. a sample calculation illustrating each method explained under subparagraph i, and

iii. an assessment of how accurately each method explained under subparagraph i estimates the emission rate, including an assessment of whether the method is more likely to overestimate or underestimate the emission rate and an assessment of how significant the overestimate or underestimate may be.

8. A table, labelled as the “Source Summary Table”, that shows, for each source of contaminant identified under subparagraph 3 ii as a source of contaminant that was considered, with respect to a contaminant listed under paragraph 4, when using an approved dispersion model for the purpose of this section,

i. a label that identifies the source of contaminant,

ii. the averaging periods for which the approved dispersion model was used with respect to that contaminant and source of contaminant,

iii. for each averaging period referred to in subparagraph ii,

A. the emission rate for the contaminant and source of contaminant,

B. an indication of the method used to estimate the emission rate for the contaminant and source of contaminant,

C. an indication of how significantly the method used may overestimate or underestimate the emission rate for the contaminant and source of contaminant, and

D. the percentage that the emission rate for the contaminant and source of contaminant represents of the total emission rate for the contaminant and all sources of contaminant that were considered, with respect to the contaminant, when using an approved dispersion model for the purpose of this section,

iv. the volumetric flow rate for discharges from the source of contaminant,

v. the temperature of discharges from the source of contaminant,

vi. the height above ground level that discharges are released into the air from the source of contaminant,

vii. the difference between the height referred to in subparagraph vi and the height above ground level of the structure that is nearest to the source of contaminant and is on the same property, and an indication of whether discharges are released into the air from the source of contaminant at a height above or below the top of that structure, and

viii. the dimensions of the part of the source of contaminant from which discharges are released into the natural environment.

9. A plan of the property from which contaminants are discharged, drawn to scale, that shows,

i. the property boundary,

ii. the co-ordinates for sufficient points on the property boundary to accurately describe the boundary,

iii. each source of contaminant identified under subparagraph 3 ii as a source of contaminant that was considered when using an approved dispersion model for the purpose of this section and, for each source of contaminant, the label referred to in subparagraph 8 i,

iv. the location, dimensions and elevation of every structure on the property, and

v. an indication of which structures referred to in subparagraph iv contain child care facilities.

10. A description of the local land use conditions, if meteorological data described in paragraph 2 of subsection 13 (1) was used when using an approved dispersion model for the purpose of this section.

11. For each contaminant listed under paragraph 4, a statement identifying the approved dispersion model that was used for the purpose of this section and a description of the way in which the approved dispersion model was used that is sufficient to show compliance with sections 8 to 17.

12. An electronic copy of the input files that were used with, and the output files that were produced by, the approved dispersion model that was used for the purpose of this section.

13. A description of the terrain data that was employed when using an approved dispersion model for the purpose of this section, if section 16 required terrain data to be employed.

14. A table, labelled as the “Emissions Summary Table”, that shows, for each contaminant listed under paragraph 4,

i. the Chemical Abstracts Service Registry Number for the contaminant,

ii. the approved dispersion model that was used in respect of the contaminant for the purpose of this section,

iii. the averaging periods for which the approved dispersion model was used in respect of the contaminant and, for each averaging period, the sum of the emission rates for the contaminant for all sources of contaminant identified under subparagraph 3 ii as a source of contaminant that was considered when using an approved dispersion model for the purpose of this section,

iv. the standard set out for the contaminant in,

A. Schedule 1, if section 18 applies to the contaminant,

B. Schedule 2, if section 19 applies to the contaminant, or

C. Schedule 3, if section 20 applies to the contaminant,

v. the concentration predicted by the approved dispersion model for the point of impingement with the highest concentration,

vi. a comparison of the concentration referred to in subparagraph v and the standard referred to in subparagraph iv, expressed as a percentage of the standard, if section 18, 19 or 20 applies to the contaminant,

vii. the location of the point of impingement referred to in subparagraph v, if section 18, 19 or 20 applies to the contaminant and the concentration referred to in subparagraph v exceeds the standard referred to in subparagraph iv, and

viii. an indication of the likelihood, nature and location of any adverse effect, if the contaminant is not listed in any of Schedules 1, 2 and 3.

15. An executive summary of the information referred to in paragraphs 1 to 14 that includes, in full, the table required by paragraph 14.

16. A table of contents. O. Reg. 419/05, s. 26 (1).

(2) If a report is required by section 22 to be prepared in accordance with this section, it is not necessary for the lists of contaminants required by paragraphs 2 and 4 of subsection (1) to include any contaminant other than the contaminants that are relevant to the application for a certificate of approval or for an amendment to a certificate of approval. O. Reg. 419/05, s. 26 (2).

(3) If a report is required by subsection 30 (4) to be prepared in accordance with this section, it is not necessary for the lists of contaminants required by paragraphs 2 and 4 of subsection (1) to include any contaminant other than the contaminant in respect of which the Director must be notified under subsection 30 (3). O. Reg. 419/05, s. 26 (3).

Retention of ESDM report, etc.

27. (1) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall keep a copy of the most up-to-date report at the place to which the report relates. O. Reg. 419/05, s. 27 (1).

(2) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall immediately submit a copy of the report to the Director or to a provincial officer on request. O. Reg. 419/05, s. 27 (2).

(3) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall ensure that the executive summary referred to in paragraph 15 of subsection 26 (1) is made available for examination by any person, without charge, by posting it on the Internet or by making it available during regular business hours at the place to which the report relates. O. Reg. 419/05, s. 27 (3).

Notice of Possible Contraventions

Notice to provincial officer as a result of modelling or measurements

28. (1) A person who discharges or causes or permits the discharge of a contaminant shall, as soon as practicable, notify a provincial officer in writing if,

(a) the person uses an approved dispersion model to predict concentrations of the contaminant that result from the discharges and,

(i) the use of the model indicates that discharges of the contaminant may result in a contravention of section 18, 19 or 20, or

(ii) the contaminant is not listed in any of Schedules 1, 2 and 3 and the use of the model indicates that discharges of the contaminant may cause an adverse effect;

(b) measurements of air samples indicate that discharges of the contaminant may result in a contravention of section 18, 19 or 20; or

(c) the contaminant is not listed in any of Schedules 1, 2 and 3 and measurements of air samples indicate that discharges of the contaminant may cause an adverse effect. O. Reg. 419/05, s. 28 (1).

Note: On November 30, 2005, section 28 is amended by adding the following subsections:

(1.1) The Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant requiring the person to notify a provincial officer in writing, at regular intervals specified by the Director, of any circumstances described in clause (1) (a), (b) or (c). O. Reg. 605/05, s. 7 (1).

(1.2) Subsection (1) does not apply to a person who complies with a notice given by the Director under subsection (1.1). O. Reg. 605/05, s. 7 (1).

See: O. Reg. 605/05, ss. 7 (1), 18.

(2) If a person is required to give notice under clause (1) (a) and, according to the approved dispersion model, discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at a point of impingement, the Director may require the person to provide the Director with the following:

Note: On November 30, 2005, subsection (2) is amended by striking out the portion before paragraph 1 and substituting the following:

(2) If a person is required to give notice under subsection (1) or (1.1) of circumstances described in clause (1) (a) and, according to the approved dispersion model, discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at a point of impingement, the Director may give the person a written notice requiring the person to provide the Director with the following:

See: O. Reg. 605/05, ss. 7 (2), 18.

1. A written statement or map identifying the location of the point of impingement.

2. A written statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement.

3. A written statement specifying the number of days for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of days in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1 or 2 of subsection 13 (1),

ii. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or

iii. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1). O. Reg. 419/05, s. 28 (2).

(3) If a person is required to give notice under clause (1) (b) or (c) and, according to measurements of air samples collected at a point of impingement, discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, the Director may require the person to provide the Director in writing with the following:

Note: On November 30, 2005, subsection (3) is amended by striking out the portion before paragraph 1 and substituting the following:

(3) If a person is required to give notice under subsection (1) or (1.1) of circumstances described in clause (1) (b) or (c) and, according to measurements of air samples collected at a point of impingement, discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, the Director may give the person a written notice requiring the person to provide the Director in writing with the following:

See: O. Reg. 605/05, ss. 7 (3), 18.

1. A written statement or map identifying the location of the point of impingement.

2. A written statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant.

3. A written statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant and that indicated that discharges of the contaminant may result in a contravention of section 18, 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of air samples referred to in paragraph 2. O. Reg. 419/05, s. 28 (3).

Abatement plan

29. (1) A person who gives a notice to a provincial officer under subsection 28 (1) in respect of a contaminant shall, not later than 30 days after giving the notice, prepare and submit to a provincial officer a written abatement plan for the contaminant that recommends steps that should be taken to prevent discharges of the contaminant from resulting in a contravention of section 18, 19 or 20 or an adverse effect. O. Reg. 419/05, s. 29 (1).

Note: On November 30, 2005, subsection (1) is amended by striking out “notice to a provincial officer under subsection 28 (1)” and substituting “notice to a provincial officer under subsection 28 (1) or (1.1)”. See: O. Reg. 605/05, ss. 8 (1), 18.

(2) Subsection (1) does not apply if,

(a) an abatement plan for the contaminant has previously been submitted to a provincial officer under subsection (1) and the Director is satisfied that another plan is not necessary; or

Note: On November 30, 2005, clause (a) is revoked and the following substituted:

(a) an abatement plan for the contaminant is already required to be submitted to a provincial officer within the 30-day period referred to in subsection (1);

(a.1) an abatement plan for the contaminant has previously been submitted to a provincial officer under subsection (1) and the Director is satisfied that another plan is not necessary; or

See: O. Reg. 605/05, ss. 8 (2), 18.

(b) a plan for the contaminant was submitted to the Ministry before November 30, 2005 and the Director is satisfied that it is not necessary to prepare and submit an abatement plan under subsection (1). O. Reg. 419/05, s. 29 (2).

Upper risk thresholds

30. (1) A person who discharges or causes or permits the discharge of a contaminant listed in Schedule 6 into the air shall comply with subsections (3) and (4) if there is reason to believe, based on any relevant information, that discharges of the contaminant may result in the concentration of the contaminant exceeding the half hour upper risk threshold or other time period upper risk threshold set out for that contaminant in Schedule 6 at a point of impingement. O. Reg. 419/05, s. 30 (1).

(2) Without limiting the generality of subsection (1), the reference in that subsection to relevant information includes relevant information from predictions of a dispersion model, including,

(a) an approved dispersion model or other dispersion model; or

(b) a dispersion model that is not used in accordance with this Regulation. O. Reg. 419/05, s. 30 (2).

(3) If subsection (1) applies to a discharge, the person who discharged or caused or permitted the discharge of the contaminant shall immediately notify the Director in writing. O. Reg. 419/05, s. 30 (3).

(4) If subsection (1) applies to a discharge, the person who discharged or caused or permitted the discharge of the contaminant shall, within three months after the discharge, prepare a report in accordance with section 26 and submit the report to the Director. O. Reg. 419/05, s. 30 (4).

(5) If a person is required to prepare a report under subsection (4) and section 20 does not apply to the person in respect of the contaminant, section 20 shall be deemed to apply for the purpose of preparing the report and for the purpose of subsections (7) and (8). O. Reg. 419/05, s. 30 (5).

(6) Paragraphs 1 and 2 of subsection 13 (1) do not apply to a person who prepares a report required by subsection (4) unless meteorological data described in paragraphs 3 and 4 of subsection 13 (1) is not available and cannot reasonably be available in time to prepare the report within the three-month period referred to in subsection (4). O. Reg. 419/05, s. 30 (6).

(7) If, according to an approved dispersion model that is used for the purpose of preparing a report under subsection (4), discharges of a contaminant may result in a contravention of section 20 because of the concentration of the contaminant at a point of impingement located on a place referred to in subsection (8), the person who prepares the report shall include in the report,

(a) a statement or map identifying the place that the point of impingement is located on;

(b) a statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement; and

(c) a statement specifying the number of days for which the approved dispersion model predicts that discharges of a contaminant may result in a contravention of section 20 because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of days in,

(i) a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1 or 2 of subsection 13 (1);

(ii) a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1); or

(iii) a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1). O. Reg. 419/05, s. 30 (7).

(8) The following places are the places referred to in subsection (7) and in subsection 32 (22):

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. A place specified by the Director in a notice under subsection (9) as a place where discharges of a contaminant may cause a risk to human health. O. Reg. 419/05, s. 30 (8).

(9) For the purpose of paragraph 6 of subsection (8), the Director may give written notice to a person who is required to notify the Director under subsection (3) stating that the Director is of the opinion that the discharge may cause a risk to human health at a place specified in the notice. O. Reg. 419/05, s. 30 (9).

(10) Before the Director gives a person a notice under subsection (9), 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. O. Reg. 419/05, s. 30 (10).

(11) If, according to measurements of air samples collected at a point of impingement, discharges of a contaminant may result in a contravention of section 18, 19 or 20 because of the concentration of the contaminant at the point of impingement, a person who prepares a report under subsection (4) shall include in the report,

(a) a statement or map identifying the place that the point of impingement is located on;

(b) a statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant; and

(c) a statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant and that indicated that discharges of the contaminant may result in a contravention of section 18, 19 or 20 because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of air samples referred to in clause (b). O. Reg. 419/05, s. 30 (11).

(12) Subsection (4) does not apply if the Director is satisfied that discharges of the contaminant will not result in a contravention of section 18, 19 or 20 and will not cause an adverse effect. O. Reg. 419/05, s. 30 (12).

Note: On November 30, 2005, section 30 is amended by adding the following subsections:

(13) Subsection (4) does not apply if,

(a) a report in accordance with section 26 that relates to the contaminant is already required to be submitted to the Director within the three-month period referred to in subsection (4); or

(b) a report that relates to the contaminant has previously been submitted to the Director under subsection (4) and the Director is satisfied that another report is not necessary. O. Reg. 605/05, s. 9.

(14) Subsections (3) and (4) do not apply if the reason to believe referred to in subsection (1) is based on predictions of a dispersion model that is used in the preparation of a report under subsection (4). O. Reg. 605/05, s. 9.

See: O. Reg. 605/05, ss. 9, 18.

Obligations under another Act; failure to operate in normal manner

31. (1) A person who discharges or causes or permits the discharge of a contaminant from a stationary source of air pollution shall, if a contravention of section 18, 19 or 20 may occur as a result of an obligation arising under another Act or a failure to operate the stationary source of air pollution in the normal manner,

(a) immediately notify a provincial officer of the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; and

(b) as soon as practicable, furnish the provincial officer in writing with the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner. O. Reg. 419/05, s. 31 (1).

Note: On November 30, 2005, section 31 is amended by adding the following subsection:

(1.1) A person who gives notice under subsection (1) shall notify a provincial officer in writing as soon as practicable after the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes. O. Reg. 605/05, s. 10 (1).

See: O. Reg. 605/05, ss. 10 (1), 18.

(2) Section 18, 19 or 20 does not apply to a discharge from a stationary source of air pollution if,

(a) notice is given to a provincial officer in accordance with subsection (1);

(b) the Director is satisfied that a contravention of section 18, 19 or 20, as the case may be, may occur as a result of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner;

(c) the Director gives written authorization for the operation of the stationary source of air pollution despite section 18, 19 or 20, as the case may be; and

(d) the stationary source of air pollution is operated in accordance with any conditions specified in the authorization that the Director considers reasonable in the circumstances. O. Reg. 419/05, s. 31 (2).

(3) The Director shall not give the authorization referred to in clause (2) (c) as a result of a failure to operate the stationary source of air pollution in the normal manner unless the Director is satisfied that the failure could not reasonably have been anticipated. O. Reg. 419/05, s. 31 (3).

(4) Subsection (2) applies only during such period of time, not exceeding three months, as the Director considers reasonable in the circumstances and specifies in the authorization. O. Reg. 419/05, s. 31 (4).

Note: On November 30, 2005, subsection (4) is revoked and the following substituted:

(4) Subsection (2) applies only until the earlier of the following dates:

1. The date the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes.

2. A date set out in the authorization that the Director considers reasonable in the circumstances and that is not more than three months after the date the authorization is given. O. Reg. 605/05, s. 10 (2).

See: O. Reg. 605/05, ss. 10 (2), 18.

Alteration of Schedule 3 Standards

Alteration of Schedule 3 standards

32. (1) A person may make a request for approval of an alteration to a standard set out for a contaminant in Schedule 3 if any of the following circumstances apply:

1. The person discharges or causes or permits the discharge of the contaminant from a facility to which, pursuant to subclause 20 (3) (a) (i), section 20 will first apply in respect of the contaminant on February 1, 2010 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

2. The person discharges or causes or permits the discharge of the contaminant from a facility to which, pursuant to subclause 20 (3) (b) (i), section 20 will first apply in respect of the contaminant on February 1, 2013 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

3. The person discharges or causes or permits the discharge of the contaminant from a facility to which, pursuant to subclause 20 (3) (e), section 20 will first apply in respect of the contaminant on February 1, 2020 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

4. The person discharges or causes or permits the discharge of the contaminant from a facility, construction of the facility began after November 30, 2005, no application was made on or before that day for a certificate of approval in respect of the facility, the contaminant is listed in Schedule 7 and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request.

5. The person discharges or causes or permits the discharge of the contaminant from a facility, the contaminant is listed in Schedule 7, discharges of the contaminant from the facility would result, according to an approved dispersion model, in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request, and,

i. construction of the facility was completed or began on or before November 30, 2005, or

ii. an application was made on or before November 30, 2005 for a certificate of approval in respect of the facility.

6. Because of notice given by the Director before February 1, 2020 under subsection 7 (1), there is only one approved dispersion model that may be used by the person with respect to a contaminant, the standard set out in Schedule 3 that is the subject of the request applies to that contaminant, the person discharges or causes or permits the discharge of the contaminant from a facility and, according to that approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard that is the subject of the request.

7. Because of notice given by the Director on or after February 1, 2020 under subsection 7 (1), there is only one approved dispersion model that may be used by the person with respect to a contaminant, the standard set out in Schedule 3 that is the subject of the request applies to that contaminant, that approved dispersion model is not referred to in paragraphs 1 to 4 of subsection 6 (2), the person discharges or causes or permits the discharge of the contaminant from a facility and, according to that approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard that is the subject of the request.

8. The person discharges or causes or permits the discharge of the contaminant from a facility to which section 20 applies in respect of the contaminant pursuant to subclause 20 (3) (d) and, according to an approved dispersion model, discharges of the contaminant from the facility would result in the concentration of the contaminant at a point of impingement exceeding the standard set out in Schedule 3 that is the subject of the request. O. Reg. 419/05, s. 32 (1).

(2) Subsection (1) applies, with necessary modifications, to a standard set out in an amendment to Schedule 3 that has not yet come into force. O. Reg. 419/05, s. 32 (2).

(3) Section 20 shall be deemed to apply for the purpose of determining what the references to an approved dispersion model mean in subsection (1). O. Reg. 419/05, s. 32 (3).

(4) An application for a certificate of approval or amendment to a certificate of approval may be made in conjunction with a request under subsection (1). O. Reg. 419/05, s. 32 (4).

(5) A person who makes a request under subsection (1) that relies on paragraph 1 of subsection (1) may not make the request before February 1, 2007 or after October 31, 2008. O. Reg. 419/05, s. 32 (5).

(6) A person who makes a request under subsection (1) that relies on paragraph 2 of subsection (1) may not make the request before February 1, 2010 or after October 31, 2011. O. Reg. 419/05, s. 32 (6).

(7) A person who makes a request under subsection (1) that relies on paragraph 3 of subsection (1) may not make the request before February 1, 2013 or after October 31, 2017. O. Reg. 419/05, s. 32 (7).

(8) A person who makes a request under subsection (1) that relies on paragraph 4 of subsection (1) may not make the request if, after November 30, 2005 and before the day the request is made, an application in respect of the facility was made for a certificate of approval, unless the application for the certificate of approval has not yet been determined. O. Reg. 419/05, s. 32 (8).

(9) A person who makes a request under subsection (1) that relies on paragraph 5 of subsection (1) may not make the request before February 1, 2007 or after October 31, 2008. O. Reg. 419/05, s. 32 (9).

(10) Despite subsections (8) and (9), if a person makes a request under subsection (1) that relies on paragraph 4 or 5 of subsection (1) in respect of a standard set out in an amendment to Schedule 3 that has not yet come into force, the person may not make the request after the later of the following dates:

1. The date that is 12 months after the regulation that amends Schedule 3 is filed.

2. The date that is 18 months before the amendment to Schedule 3 comes into force. O. Reg. 419/05, s. 32 (10).

(11) A person who makes a request under subsection (1) that relies on paragraph 6 or 7 of subsection (1) may not make the request after the third anniversary of the day the Director gave the notice under subsection 7 (1). O. Reg. 419/05, s. 32 (11).

(12) A person who makes a request under subsection (1) that relies on paragraph 8 of subsection (1) may not make the request after the third anniversary of the day the Director gave the notice or made the order under subsection 20 (4) or (5). O. Reg. 419/05, s. 32 (12).

(13) A person who makes a request under subsection (1) shall include the following in the request:

1. A report prepared in accordance with section 26.

2. If, according to the approved dispersion model that was used for the purpose of preparing the report referred to in paragraph 1, discharges of the contaminant may result in a contravention of section 20 because of the concentration of the contaminant at a point of impingement,

i. a written statement or map identifying the location of the point of impingement,

ii. a written statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement, and

iii. a written statement specifying the number of days for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 20 because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of days in,

A. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or

B. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1).

3. A list of all the methods that are used by other persons, or are available for use, to reduce concentrations of the contaminant at any point, including methods such as the use of pollution control technology or changes to equipment, processes or materials.

4. An analysis of the methods identified under paragraph 3, and combinations of those methods, to determine which are technically feasible with respect to the sources of contaminant to which the request relates.

5. A list of the methods and combinations of methods that are determined under paragraph 4 to be technically feasible.

6. A ranking of the methods and combinations of methods identified under paragraph 5, based on the maximum concentration of the contaminant that, according to an approved dispersion model, would result at a point of impingement if each method or combination of methods were used with respect to the sources of contaminant to which the request relates.

7. Unless a plan is included under paragraph 4 of subsection (14), a plan on how to implement,

i. the method or combination of methods that is ranked under paragraph 6 as the method or combination of methods that predicts the lowest maximum concentration of the contaminant at a point of impingement, or

ii. a method or combination of methods that, according to an approved dispersion model, would not result in a contravention of section 20.

8. A description of the steps taken under subsections (18) to (20) by the person making the request under subsection (1), including a summary of the questions asked and comments made by persons who attended the public meeting and the responses of the person making the request. O. Reg. 419/05, s. 32 (13).

(14) A person who makes a request under subsection (1) may include the following in the request:

1. An analysis of the economic feasibility of the methods and combinations of methods that are determined under paragraph 4 of subsection (13) to be technically feasible.

2. A list of the methods and combinations of methods that are determined under paragraph 1 to be economically feasible.

3. A ranking of the methods and combinations of methods identified under paragraph 2, based on the maximum concentration of the contaminant that, according to an approved dispersion model, would result at a point of impingement if each method or combination of methods were used with respect to the sources of contaminant to which the request relates.

4. A plan on how to implement,

i. the method or combination of methods that is ranked under paragraph 3 as the method or combination of methods that predicts the lowest maximum concentration of the contaminant at a point of impingement, or

ii. a method or combination of methods that, according to an approved dispersion model, would not result in a contravention of section 20. O. Reg. 419/05, s. 32 (14).

(15) Subsection (14) does not apply to a person who makes a request under subsection (1) that relies on paragraph 4 of subsection (1). O. Reg. 419/05, s. 32 (15).

(16) If a person makes a request under subsection (1) and section 20 does not apply to the person in respect of the contaminant that is the subject of the request, section 20 shall be deemed to apply to the person in respect of the contaminant for the purpose of preparing the report required by paragraph 1 of subsection (13). O. Reg. 419/05, s. 32 (16).

(17) Paragraphs 1 and 2 of subsection 13 (1) do not apply to a person who prepares a report required by paragraph 1 of subsection (13). O. Reg. 419/05, s. 32 (17).

(18) Before making a request under subsection (1), a person shall hold a public meeting on the proposed request. O. Reg. 419/05, s. 32 (18).

(19) The person making a request under subsection (1) shall, at least 15 days before the public meeting required by subsection (18),

(a) publish a notice in a newspaper having general circulation in the area where the source of contaminant is located, setting out the name, address and telephone number of the person and informing the public of the person’s intention to make the proposed request, the purpose of the request and the date, time and place of the meeting; and

(b) ensure that a copy of the notice referred to in clause (a) is given to,

(i) the owners and occupants of,

(A) every property that adjoins or is within 500 metres of the property on which the source of contaminant is located, and

(B) every property where, according to an approved dispersion model, there is a point of impingement where, as a result of discharges of the contaminant that is the subject of the request, the concentration of the contaminant may exceed the standard that is the subject of the request,

(ii) the medical officer of health for the health unit in which the source of contaminant is located and the medical officer of health for each health unit in which a property described in subclause (i) is located,

(iii) the Ministry, and

(iv) each municipality in which the source of contaminant is located and every other municipality that is within 500 metres of the property on which the source of contaminant is located. O. Reg. 419/05, s. 32 (19).

(20) The person making a request under subsection (1) shall, at the public meeting required by subsection (18),

(a) make available, to everyone in attendance,

(i) a written copy of the executive summary of the report required by paragraph 1 of subsection (13), and

(ii) a written explanation, written in language that can be understood by persons without specialized scientific training, of the proposed request, including the materials that are to be included under subsections (13) and (14);

(b) offer to provide a complete written copy of a draft of the proposed request, including the materials that are to be included under subsections (13) and (14), to every person in attendance who asks for a copy;

(c) provide the copies requested under clause (b), or make arrangements to provide those copies as soon as practicable after the meeting;

(d) explain the proposed request;

(e) explain how the Environmental Bill of Rights, 1993 will apply to the proposed request; and

(f) provide a reasonable opportunity for those in attendance to ask questions of the person making the request under subsection (1) and to comment on the proposed request. O. Reg. 419/05, s. 32 (20).

(21) The Director may approve a request under subsection (1) to alter a standard set out in Schedule 3 if,

(a) the person making the request has complied with this section; and

(b) the Director is of the opinion that,

(i) the person making the request cannot comply with section 20 with respect to the standard set out in Schedule 3 for the contaminant because,

(A) it is not technically feasible for the person to comply, in the case of a person who is relying on any paragraph of subsection (1), or

(B) it is not economically feasible for the person to comply, in the case of a person who is relying on a paragraph of subsection (1) other than paragraph 4,

(ii) the failures to comply referred to in subclause (i) would not be frequent,

(iii) the alteration of the standard is the minimum alteration necessary to enable the person to comply with section 20 with respect to the contaminant, and

(iv) there is no public interest reason sufficient to require the denial of the request. O. Reg. 419/05, s. 32 (21).

(22) Despite subsection (21), the Director shall not approve a request under subsection (1) to alter a standard set out in Schedule 3 for a contaminant if the contaminant is listed in Schedule 6 and the Director is of the opinion that the alteration is likely to permit discharges of the contaminant that result in the concentration of the contaminant at a point of impingement located on a place referred to in subsection 30 (8) exceeding the other time period upper risk threshold set out for the contaminant in Schedule 6. O. Reg. 419/05, s. 32 (22).

(23) If the Director approves the alteration of a standard under subsection (21), the standard shall be deemed to be altered as set out in the approval. O. Reg. 419/05, s. 32 (23).

(24) Subsection (23) applies only to discharges of the contaminant from the facility to which the request related. O. Reg. 419/05, s. 32 (24).

(25) The Director may impose conditions in an approval under subsection (21). O. Reg. 419/05, s. 32 (25).

(26) If conditions are imposed under subsection (25),

(a) subsection (23) applies only if the conditions are complied with; and

(b) the person who made the request under subsection (1) shall notify the Director when the conditions have been complied with. O. Reg. 419/05, s. 32 (26).

(27) Subsection (26) applies, with necessary modifications, to conditions that are imposed in a certificate of approval to ensure compliance with section 20 with respect to a contaminant for which a standard has been altered under this section. O. Reg. 419/05, s. 32 (27).

(28) Subsection (23) applies only to a period specified by the Director in the approval that ends not later than,

(a) five years after the period begins; or

(b) ten years after the period begins, if the Director is satisfied that there are extenuating circumstances. O. Reg. 419/05, s. 32 (28).

(29) Subsection (28) does not prevent the making of further requests under subsection (1) in respect of the contaminant but, in considering a further request, the Director may consider the number of previous requests that have been made for the source of contaminant that is the subject of the request. O. Reg. 419/05, s. 32 (29).

(30) If the alteration of the standard set out in Schedule 3 for a contaminant is approved under this section and a further request is made under subsection (1) in respect of the contaminant, subsections (5) to (12) do not apply. O. Reg. 419/05, s. 32 (30).

(31) If the Director approves the alteration of a standard under subsection (21), the person who requested the alteration shall give a copy of the plan referred to paragraph 7 of subsection (13) or paragraph 4 of subsection (14) to any person who requests it. O. Reg. 419/05, s. 32 (31).

(32) The Director may give a person to whom the alteration of a standard applies a notice revoking the approval of the alteration if the Director is of the opinion that,

(a) discharges of a contaminant that are permitted as a result of the altered standard may cause an adverse effect;

(b) conditions referred to in subsection (26) or (27) are not being met;

(c) the person is unable to comply with section 20, even though the standard was altered; or

(d) the person would be able to comply with section 20 without the alteration of the standard. O. Reg. 419/05, s. 32 (32).

(33) Before the Director gives a person a notice under subsection (32), 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 30 days after the draft is given. O. Reg. 419/05, s. 32 (33).

PART III
MISCELLANEOUS

Prohibition of certain emissions

33. No person shall cause or permit to be caused the emission of any air contaminant to such extent or degree as may,

(a) cause discomfort to persons;

(b) cause loss of enjoyment of normal use of property;

(c) interfere with normal conduct of business; or

(d) cause damage to property. O. Reg. 419/05, s. 33.

Opacity

34. (1) No person shall cause or permit an emission into the air that obstructs the passage of light to a degree greater than 20 per cent at any point. O. Reg. 419/05, s. 34 (1).

(2) Subsection (1) does not apply to an emission from a source of combustion employing solid fuel if the emission lasts for a period of not more than a total of four minutes in any 30-minute period and does not obstruct the passage of light to a degree greater than 40 per cent at any point. O. Reg. 419/05, s. 34 (2).

Obligations under another Act; failure to operate in normal manner

35. (1) A person who causes or permits the emission of a contaminant from a stationary source of air pollution shall, if a contravention of section 33 or 34 may occur as a result of an obligation arising under another Act or a failure to operate the stationary source of air pollution in the normal manner,

(a) immediately notify a provincial officer of the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; and

(b) as soon as practicable, furnish the provincial officer in writing with the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner. O. Reg. 419/05, s. 35 (1).

Note: On November 30, 2005, section 35 is amended by adding the following subsection:

(1.1) A person who gives notice under subsection (1) shall notify a provincial officer in writing as soon as practicable after the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes. O. Reg. 605/05, s. 11 (1).

See: O. Reg. 605/05, ss. 11 (1), 18.

(2) Section 34 does not apply to an emission from a stationary source of air pollution if,

(a) notice is given to a provincial officer in accordance with subsection (1);

(b) the Director is satisfied that a contravention of section 34 may occur as a result of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner;

(c) the Director gives written authorization for the operation of the stationary source of air pollution despite section 34; and

(d) the stationary source of air pollution is operated in accordance with any conditions specified in the authorization that the Director considers reasonable in the circumstances. O. Reg. 419/05, s. 35 (2).

(3) The Director shall not give the authorization referred to in clause (2) (c) as a result of a failure to operate the stationary source of air pollution in the normal manner unless the Director is satisfied that the failure could not reasonably have been anticipated. O. Reg. 419/05, s. 35 (3).

(4) Subsection (2) applies only during such period of time, not exceeding three months, as the Director considers reasonable in the circumstances and specifies in the authorization. O. Reg. 419/05, s. 35 (4).

Note: On November 30, 2005, subsection (4) is revoked and the following substituted:

(4) Subsection (2) applies only until the earlier of the following dates:

1. The date the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes.

2. A date set out in the authorization that the Director considers reasonable in the circumstances and that is not more than three months after the date the authorization is given. O. Reg. 605/05, s. 11 (2).

See: O. Reg. 605/05, ss. 11 (2), 18.

Fuel or waste for fuel-burning equipment, etc.

36. (1) No person shall burn or permit to be burned in any fuel burning equipment or incinerator any fuel or waste except the fuel or waste for the burning of which the equipment or incinerator was designed. O. Reg. 419/05, s. 36 (1).

(2) No person shall burn or permit to be burned in any fuel burning equipment or incinerator any fuel or waste at a greater rate than that rate for which the equipment or incinerator was designed. O. Reg. 419/05, s. 36 (2).

Construction and sandblasting emissions, etc.

37. Except for heat, sound, vibration or radiation, no person shall,

(a) construct, alter, demolish, drill, blast, crush or screen anything or cause or permit the construction, alteration, demolition, drilling, blasting, crushing or screening of anything so that a contaminant is carried beyond the limits of the property on which the construction, alteration, demolition, drilling, blasting, crushing or screening is being carried out; or

(b) sandblast or permit the sandblasting of anything so that a contaminant is emitted into the air,

to an extent or degree greater than that which would result if every step necessary to control the emission of the contaminant were implemented. O. Reg. 419/05, s. 37.

Incinerators

38. (1) In this section,

“apartment incinerator” means an incinerator that is located in or on the site of a structure containing more than one dwelling unit and used to burn domestic waste from more than one dwelling unit. O. Reg. 419/05, s. 38 (1).

(2) No person shall operate or permit the operation of,

(a) an apartment incinerator, domestic incinerator, multiple chamber incinerator or starved air incinerator burning domestic waste;

(b) a multiple chamber incinerator or starved air incinerator burning solid industrial waste;

(c) an incinerator burning liquid industrial waste, industrial slurries or sludges, sewage sludges or slurries, gaseous waste, organic vapour or fume; or

(d) a municipal incinerator burning solid waste or sludges,

that causes or is likely to cause a concentration in the combustion gases emitted into the natural environment, of organic matter having a carbon content, expressed as equivalent methane, being an average of ten measurements taken at approximately one minute intervals, greater than 100 parts per million by volume, measured on an undiluted basis. O. Reg. 419/05, s. 38 (2).

(3) Subsection (2) does not apply to prohibit the operation of a catalytic incinerator. O. Reg. 419/05, s. 38 (3).

(4) No person shall operate or permit the operation of an apartment incinerator without a certificate of approval issued under section 9 of the Act. O. Reg. 419/05, s. 38 (4).

Air Pollution Index

39. (1) The Ministry may prepare an index to be known as the “Air Pollution Index” for any area in Ontario, from time to time. O. Reg. 419/05, s. 39 (1).

(2) Despite section 5, the air pollution index may take into consideration discharges of contaminants from motor vehicles. O. Reg. 419/05, s. 39 (2).

(3) Where the air pollution index for an area indicates increasing air pollution that may lead to an air pollution episode, the Minister, in consultation with the Minister of Health and Long-Term Care, may order curtailment of the operation of sources of air pollution in the manner described in subsections (4) and (5). O. Reg. 419/05, s. 39 (3).

(4) Where the air pollution index reaches the number 32, designated as Air Advisory Level, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Minister may require owners or operators of sources of air pollution to make preparation for the curtailment of such operations as are specified by the Minister. O. Reg. 419/05, s. 39 (4).

(5) Where the air pollution index reaches the number 50, designated as First Air Pollution Alert, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Minister may require owners or operators of sources of air pollution to curtail such operations as are specified by the Minister. O. Reg. 419/05, s. 39 (5).

Note: On November 30, 2005, the Regulation is amended by adding the following section:

Amendment or revocation of notices

39.1 (1) The Director may, by written notice, amend or revoke any notice given by the Director under this Regulation. O. Reg. 605/05, s. 12.

(2) Before the Director gives a person a notice under subsection (1), 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 30 days after the draft is given. O. Reg. 605/05, s. 12.

(3) This section does not apply to a notice given under subsection 7 (1) or (10) or 32 (2). O. Reg. 605/05, s. 12.

See: O. Reg. 605/05, ss. 12, 18.

40. Omitted (revokes other Regulations). O. Reg. 419/05, s. 40.

41. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 419/05, s. 41.

SCHEDULE 1
STANDARDS WITH HALF HOUR AVERAGING TIMES

(See section 18)

Item

CAS No.

Contaminant

Half Hour Standard (µg/m³, unless otherwise indicated)

1.

75-07-0

Acetaldehyde

500

2.

64-19-7

Acetic Acid

2,500

3.

67-64-1

Acetone

48,000

4.

74-86-2

Acetylene

56,000

5.

79-06-1

Acrylamide

45

6.

107-13-1

Acrylonitrile

180

7.

7664-41-7

Ammonia

3,600

8.

7440-36-0

Antimony

75

9.

7784-42-1

Arsine

10

10.

7440-41-7

Beryllium and compounds

0.03

11.

7440-42-8

Boron

100

12.

10294-33-4

Boron Tribromide

100

13.

10294-34-5

Boron Trichloride

100

14.

7637-07-2

Boron Trifluoride

5

15.

7726-95-6

Bromine

70

16.

7440-43-9

Cadmium

5

17.

1305-62-0

Calcium Hydroxide

27

18.

1305-78-8

Calcium Oxide

20

19.

1333-86-4

Carbon Black

25

20.

75-15-0

Carbon Disulphide

330

21.

630-08-0

Carbon Monoxide

6,000

22.

56-23-5

Carbon Tetrachloride

7.2

23.

7782-50-5

Chlorine

300

24.

10049-04-4

Chlorine Dioxide

85

25.

67-66-3

Chloroform

300

26.

7440-50-8

Copper

100

27.

1319-77-3

Cresols

230

28.

17702-41-9

Decaborane

50

29.

117-81-7

Di(2-ethylhexyl) Phthalate

100

30.

19287-45-7

Diborane

20

31.

131-15-7

Dicapryl Phthalate

100

32.

106-46-7

Dichlorobenzene, 1-4

285

Note: On November 30, 2005, item 32 is revoked and the following substituted:

32.

106-46-7

Dichlorobenzene, 1,4-

285

See: O. Reg. 605/05, ss. 13 (1), 18.

33.

624-92-0

Dimethyl Disulphide

40

34.

75-18-3

Dimethyl Sulphide

30

35.

117-84-0

Di-n-Octyl Phthalate

100

36.

-

Dustfall

8,000 µg/m²

37.

141-78-6

Ethyl Acetate

19,000

38.

140-88-5

Ethyl Acrylate

4.5

39.

100-41-4

Ethyl Benzene

3,000

40.

60-29-7

Ethyl Ether

7,000

41.

107-06-2

Ethylene Dichloride

6

42.

1309-37-1

Ferric Oxide

75

43.

7664-39-3

Fluorides (as HF) - Gaseous (Growing Season)

4.3

44.

7664-39-3

Fluorides (as HF) - Total (Growing Season)

8.6

45.

7664-39-3

Fluorides (as HF) - Total (Non-Growing Season)

17.2

46.

50-00-0

Formaldehyde

65

47.

64-18-6

Formic Acid

1,500

48.

98-01-1

Furfural

1,000

49.

98-00-0

Furfuryl Alcohol

3,000

50.

7647-01-0

Hydrogen Chloride

100

51.

74-90-8

Hydrogen Cyanide

1,150

Note: On November 30, 2005, item 51 is revoked. See: O. Reg. 605/05, ss. 13 (2), 18.

52.

7783-06-04

Hydrogen Sulphide

30

53.

15438-31-0

Iron (metallic)

10

54.

98-82-8

Isopropyl Benzene

100

55.

7439-92-1

Lead

6

56.

7439-93-2

Lithium

60

57.

7580-67-8

Lithium Hydrides

7.5

58.

1309-48-4

Magnesium Oxide

100

59.

74-93-1

Mercaptans

20

60.

7439-97-6

Mercury (Hg)

5

61.

7439-97-6

Mercury (as Hg) – alkyl compounds

1.5

62.

67-56-1

Methanol (Methyl Alcohol)

12,000

63.

96-33-3

Methyl Acrylate

4

64.

71-55-6

Methyl Chloroform (1-1-1 Trichloroethane)

350,000

Note: On November 30, 2005, item 64 is revoked and the following substituted:

64.

71-55-6

Methyl Chloroform (1,1,1-Trichloroethane)

350,000

See: O. Reg. 605/05, ss. 13 (3), 18.

65.

78-93-3

Methyl Ethyl Ketone (2-Butanone)

30,000

66.

108-10-1

Methyl Isobutyl Ketone

1,200

67.

80-62-6

Methyl Methacrylate

860

68.

-

Milk Powder

20

69.

8052-41-3

Mineral Spirits

7,800

Note: On November 30, 2005, item 69 is revoked and the following substituted:

69.

-

Mineral Spirits

7,800

See: O. Reg. 605/05, ss. 13 (4), 18.

70.

74-89-5

Monomethyl Amine

25

71.

142-82-5

n-Heptane

33,000

72.

7440-02-0

Nickel

5

73.

13463-39-3

Nickel Carbonyl

1.5

74.

7697-37-2

Nitric Acid

100

75.

139-13-9

Nitrilotriacetic Acid

100

76.

10102-44-0

Nitrogen Oxides

500

77.

10028-15-6

Ozone

200

78.

19624-22-7

Pentaborane

3

79.

108-95-2

Phenol

100

80.

75-44-5

Phosgene

130

81.

7664-38-2

Phosphoric Acids

100

82.

85-44-9

Phthalic Anhydride

100

83.

78-87-5

Propylene Dichloride

2,400

84.

75-56-9

Propylene Oxide

450

85.

7440-22-4

Silver

3

86.

100-42-5

Styrene

400

87.

7446-09-5

Sulphur Dioxide

830

88.

7664-93-9

Sulphuric Acid

100

89.

-

Suspended Particulate Matter (< 44 µm Diameter)

100

90.

13494-80-9

Tellurium (except hydrogen telluride)

30

91.

109-99-9

Tetrahydrofuran

93,000

92.

7440-31-5

Tin

30

93.

7440-32-6

Titanium

100

94.

108-88-3

Toluene

2,000

95.

584-84-9

Toluene Di-isocyanate, 2,4-

1

96.

79-01-6

Trichloroethylene (TCE)

3,500

97.

76-13-1

Trifluorotrichloroethane

2,400,000

98.

7440-62-2

Vanadium

5

99.

75-01-4

Vinyl Chloride

3

100.

75-35-4

Vinylidene Chloride

30

101.

1330-20-7

Xylenes

2,300

102.

7440-66-6

Zinc

100

O. Reg. 419/05, Sched. 1.

SCHEDULE 2
UPDATED STANDARDS WITH HALF HOUR AVERAGING TIMES

(See section 19)

Item

CAS No.

Contaminant

Half Hour Standard (µg/m³, unless otherwise indicated)

1.

75-07-0

Acetaldehyde

500

2.

64-19-7

Acetic Acid

2,500

3.

67-64-1

Acetone

35,640

4.

75-05-8

Acetonitrile

210

5.

74-86-2

Acetylene

56,000

6.

107-02-8

Acrolein

0.24

7.

79-06-1

Acrylamide

45

8.

107-13-1

Acrylonitrile

1.8

9.

7664-41-7

Ammonia

300

10.

7440-36-0

Antimony

75

11.

7784-42-1

Arsine

10

12.

7440-41-7

Beryllium and compounds

0.03

13.

7440-42-8

Boron

100

14.

10294-33-4

Boron Tribromide

100

15.

10294-34-5

Boron Trichloride

100

16.

7637-07-2

Boron Trifluoride

5

17.

7726-95-6

Bromine

70

18.

7440-43-9

Cadmium

5

19.

1305-62-0

Calcium Hydroxide

27

20.

1305-78-8

Calcium Oxide

20

21.

1333-86-4

Carbon Black

25

22.

75-15-0

Carbon Disulphide

330

23.

630-08-0

Carbon Monoxide

6,000

24.

56-23-5

Carbon Tetrachloride

7.2

25.

7782-50-5

Chlorine

30

26.

10049-04-4

Chlorine Dioxide

85

27.

67-66-3

Chloroform

3

28.

7440-50-8

Copper

100

29.

1319-77-3

Cresols

230

30.

110-82-7

Cyclohexane

18,300

31.

17702-41-9

Decaborane

50

32.

117-81-7

Di(2-ethylhexyl) Phthalate

100

33.

19287-45-7

Diborane

20

34.

131-15-7

Dicapryl Phthalate

100

35.

106-46-7

Dichlorobenzene, 1-4

285

Note: On November 30, 2005, item 35 is revoked and the following substituted:

35.

106-46-7

Dichlorobenzene, 1,4-

285

See: O. Reg. 605/05, ss. 14 (1), 18.

36.

624-92-0

Dimethyl Disulphide

40

37.

75-18-3

Dimethyl Sulphide

30

38.

117-84-0

Di-n-Octyl Phthalate

100

39.

-

Dustfall

8,000 µg/m²

40.

141-78-6

Ethyl Acetate

19,000

41.

140-88-5

Ethyl Acrylate

4.5

42.

100-41-4

Ethyl Benzene

1,400

43.

60-29-7

Ethyl Ether

700

44.

107-06-2

Ethylene Dichloride

6

45.

1309-37-1

Ferric Oxide

75

46.

7664-39-3

Fluorides (as HF) – Gaseous (Growing Season)

4.3

47.

7664-39-3

Fluorides (as HF) – Total (Growing Season)

8.6

48.

7664-39-3

Fluorides (as HF) – Total (Non-Growing Season)

17.2

49.

50-00-0

Formaldehyde

65

50.

64-18-6

Formic Acid

1,500

51.

98-01-1

Furfural

1,000

52.

98-00-0

Furfuryl Alcohol

3,000

53.

4035-89-6

HDI Biuret (HDI-BT)

9

54.

3779-63-3

HDI Isocyanurate (HDI-IC)

9

55.

28182-81-2

HDI Polyisocyanate (HDI-BT & HDI-IC)

9

56.

822-06-0

Hexamethylene Diisocyanate (HDI) Monomer

0.1

57.

7647-01-0

Hydrogen Chloride

60

58.

74-90-8

Hydrogen Cyanide

24

59.

7783-06-04

Hydrogen Sulphide

30

60.

15438-31-0

Iron (metallic)

10

61.

67-63-0

Isopropanol (Isopropyl Alcohol)

22,000

62.

98-82-8

Isopropyl Benzene

100

63.

7439-92-1

Lead

6

64.

7439-93-2

Lithium

60

65.

7580-67-8

Lithium Hydrides

7.5

66.

1309-48-4

Magnesium Oxide

100

67.

74-93-1

Mercaptans

20

68.

7439-97-6

Mercury (Hg)

5

69.

7439-97-6

Mercury (as Hg) – alkyl compounds

1.5

70.

101-68-8

Methane Diphenyl Diisocyanate (MDI Monomer)

2

71.

67-56-1

Methanol (Methyl Alcohol)

12,000

72.

96-33-3

Methyl Acrylate

4

73.

71-55-6

Methyl Chloroform (1-1-1 Trichloroethane)

350,000

Note: On November 30, 2005, item 73 is revoked and the following substituted:

73.

71-55-6

Methyl Chloroform (1,1,1-Trichloroethane)

350,000

See: O. Reg. 605/05, ss. 14 (2), 18.

74.

78-93-3

Methyl Ethyl Ketone (2-Butanone)

3,000

75.

624-83-9

Methyl Isocyanate

3

76.

108-10-1

Methyl Isobutyl Ketone

1,200

77.

80-62-6

Methyl Methacrylate

860

78.

75-09-2

Methylene Chloride

660

79.

-

Milk Powder

20

80.

8052-41-3

Mineral Spirits

3,000

Note: On November 30, 2005, item 80 is revoked and the following substituted:

80.

-

Mineral Spirits

3,000

See: O. Reg. 605/05, ss. 14 (3), 18.

81.

74-89-5

Monomethyl Amine

25

82.

142-82-5

n-Heptane

33,000

83.

110-54-3

n-Hexane (mixture)

7,500

84.

110-54-3

n-Hexane (n-Hexane and Hexane isomers only)

22,500

85.

7440-02-0

Nickel

5

86.

13463-39-3

Nickel Carbonyl

1.5

87.

7697-37-2

Nitric Acid

100

88.

139-13-9

Nitrilotriacetic Acid

100

89.

10102-44-0

Nitrogen Oxides

500

90.

10028-15-6

Ozone

200

91.

19624-22-7

Pentaborane

3

92.

127-18-4

Perchloroethylene

1,080

93.

108-95-2

Phenol

100

94.

75-44-5

Phosgene

130

95.

7664-38-2

Phosphoric Acids

100

96.

85-44-9

Phthalic Anhydride

100

97.

9016-87-9

Polymeric Methane Diphenyl Diisocyanate (PMDI)

2

98.

78-87-5

Propylene Dichloride

2,400

99.

75-56-9

Propylene Oxide

4.5

100.

7440-22-4

Silver

3

101.

100-42-5

Styrene

400

102.

7446-09-5

Sulphur Dioxide

830

103.

7664-93-9

Sulphuric Acid

100

104.

-

Suspended Particulate Matter (< 44 µm Diameter)

100

105.

13494-80-9

Tellurium (except hydrogen telluride)

30

106.

109-99-9

Tetrahydrofuran

93,000

107.

7440-31-5

Tin

30

108.

7440-32-6

Titanium

100

109.

108-88-3

Toluene

2,000

110.

584-84-9

Toluene Di-isocyanate, 2,4-

0.6

111.

26471-62-5

Toluene Di-isocyanate, 2,4- and 2,6- (mixed isomers)

0.6

112.

79-01-6

Trichloroethylene (TCE)

36

113.

76-13-1

Trifluorotrichloroethane

2,400,000

114.

7440-62-2

Vanadium

5

115.

75-01-4

Vinyl Chloride

3

116.

75-35-4

Vinylidene Chloride

30

117.

1330-20-7

Xylenes

2,200

118.

7440-66-6

Zinc

100

O. Reg. 419/05, Sched. 2.

SCHEDULE 3
STANDARDS WITH VARIABLE AVERAGING TIMES

(See section 20)

Item

CAS No.

Contaminant

One Hour Standard (µg/m³)

24 Hour Standard (µg/m³)

Other Time Period Standard (µg/m³, unless otherwise indicated)

1.

75-07-0

Acetaldehyde

-

500

500 (half hour)

2.

67-64-1

Acetone

-

11,880

-

3.

75-05-8

Acetonitrile

-

70

 

4.

107-02-8

Acrolein

-

0.08

0.24 (half hour)

5.

79-06-1

Acrylamide

-

15

-

6.

107-13-1

Acrylonitrile

-

0.6

-

7.

7664-41-7

Ammonia

-

100

-

8.

7440-36-0

Antimony

-

25

-

9.

7784-42-1

Arsine

-

5

10 (half hour)

10.

7440-41-7

Beryllium and compounds

-

0.01

-

11.

7440-42-8

Boron

-

120

-

12.

10294-33-4

Boron Tribromide

-

35

-

13.

10294-34-5

Boron Trichloride

-

35

-

14.

7637-07-2

Boron Trifluoride

-

2

-

15.

7726-95-6

Bromine

-

20

-

16.

7440-43-9

Cadmium

-

2

-

17.

1305-62-0

Calcium Hydroxide

-

13.5

-

18.

1305-78-8

Calcium Oxide

-

10

-

19.

1333-86-4

Carbon Black

-

10

-

20.

630-08-0

Carbon Monoxide (single source)

-

-

6000 (half hour)

21.

630-08-0

Carbon Monoxide (multiple sources)

36,200

-

15,700 (8 hour)

22.

56-23-5

Carbon Tetrachloride

-

2.4

-

23.

7782-50-5

Chlorine

-

10

-

24.

10049-04-4

Chlorine Dioxide

-

30

-

25.

67-66-3

Chloroform

-

1

-

26.

7440-50-8

Copper

-

50

-

27.

1319-77-3

Cresols

-

75

-

28.

110-82-7

Cyclohexane

-

6,100

-

29.

17702-41-9

Decaborane

-

25

-

30.

117-81-7

Di(2-ethylhexyl) Phthalate

-

50

-

31.

19287-45-7

Diborane

-

10

-

32.

131-15-7

Dicapryl Phthalate

-

120

-

33.

106-46-7

Dichlorobenzene, 1-4

-

95

-

Note: On November 30, 2005, item 33 is revoked and the following substituted:

33.

106-46-7

Dichlorobenzene, 1,4-

-

95

-

See: O. Reg. 605/05, ss. 15 (1), 18.

34.

117-84-0

Di-n-Octyl Phthalate

-

120

-

35.

-

Dustfall

-

-

7 g/m2; 30 day

36.

100-41-4

Ethyl Benzene

-

1,000

-

37.

60-29-7

Ethyl Ether

-

8,000

-

38.

107-06-2

Ethylene Dichloride

-

2

-

39.

1309-37-1

Ferric Oxide

-

25

-

40.

7664-39-3

Fluorides (as HF) – Gaseous (Growing Season)

-

0.86

0.34; 30 day

41.

7664-39-3

Fluorides (as HF) – Total (Growing Season)

-

1.72

0.69; 30 day

42.

7664-39-3

Fluorides (as HF) – Total (Non-Growing Season)

-

3.44

1.38; 30 day

43.

50-00-0

Formaldehyde

-

65

-

44.

64-18-6

Formic Acid

-

500

-

45.

98-00-0

Furfuryl Alcohol

-

1,000

-

46.

4035-89-6

HDI Biuret (HDI-BT)

-

3

-

47.

3779-63-3

HDI Isocyanurate (HDI-IC)

-

3

-

48.

28182-81-2

HDI Polyisocyanate (HDI-BT & HDI-IC)

-

3

-

49.

822-06-0

Hexamethylene Diisocyanate (HDI) Monomer

-

0.03

-

50.

7647-01-0

Hydrogen Chloride

-

20

-

51.

74-90-8

Hydrogen Cyanide

-

8

-

52.

15438-31-0

Iron (metallic)

-

4

-

53.

67-63-0

Isopropanol (Isopropyl Alcohol)

-

7,300

-

54.

98-82-8

Isopropyl Benzene

-

400

-

55.

7439-92-1

Lead

-

2

0.7; 30 day

56.

7439-93-2

Lithium

-

20

-

57.

7580-67-8

Lithium Hydrides

-

2.5

-

58.

1309-48-4

Magnesium Oxide

-

120

-

59.

7439-97-6

Mercury (Hg)

-

2

-

60.

7439-97-6

Mercury (as Hg) – alkyl compounds

-

0.5

-

61.

101-68-8

Methane Diphenyl Diisocyanate (MDI Monomer)

-

0.7

-

62.

67-56-1

Methanol (Methyl Alcohol)

-

4,000

-

63.

71-55-6

Methyl Chloroform (1-1-1 Trichloroethane)

-

115,000

-

Note: On November 30, 2005, item 63 is revoked and the following substituted:

63.

71-55-6

Methyl Chloroform (1,1,1-Trichloroethane)

-

115,000

-

See: O. Reg. 605/05, ss. 15 (2), 18.

64.

78-93-3

Methyl Ethyl Ketone (2-Butanone)

-

1,000

-

65.

624-83-9

Methyl Isocyanate

-

1

-

66.

75-09-2

Methylene Chloride

-

220

-

67.

-

Milk Powder

-

20

-

68.

8052-41-3

Mineral Spirits

-

2,600

-

Note: On November 30, 2005, item 68 is revoked and the following substituted:

68.

-

Mineral Spirits

-

2,600

-

See: O. Reg. 605/05, ss. 15 (3), 18.

69.

142-82-5

n-Heptane

-

11,000

-

70.

110-54-3

n-Hexane (mixture)

-

2,500

-

71.

110-54-3

n-Hexane (n-Hexane and Hexane isomers only)

-

7,500

-

72.

7440-02-0

Nickel

-

2

-

73.

13463-39-3

Nickel Carbonyl

-

0.5

-

74.

7697-37-2

Nitric Acid

-

35

-

75.

139-13-9

Nitrilotriacetic Acid

-

120

-

76.

10102-44-0

Nitrogen Oxides

400

200

-

77.

10028-15-6

Ozone

165

-

-

78.

19624-22-7

Pentaborane

-

1

-

79.

127-18-4

Perchloroethylene

-

360

-

80.

108-95-2

Phenol

-

30

-

81.

75-44-5

Phosgene

-

45

-

82.

7664-38-2

Phosphoric Acids

-

120

-

83.

85-44-9

Phthalic Anhydride

-

120

-

84.

9016-87-9

Polymeric Methane Diphenyl Diisocyanate (PMDI)

-

0.7

-

85.

75-56-9

Propylene Oxide

-

1.5

-

86.

7440-22-4

Silver

-

1

-

87.

100-42-5

Styrene

-

400

-

88.

7446-09-5

Sulphur Dioxide

690

275

-

89.

7664-93-9

Sulphuric Acid

-

35

-

90.

-

Suspended Particulate Matter (< 44 µm Diameter)

-

120

-

91.

13494-80-9

Tellurium (except hydrogen telluride)

-

10

-

92.

7440-31-5

Tin

-

10

-

93.

7440-32-6

Titanium

-

120

-

94.

584-84-9

Toluene Di-isocyanate, 2,4-

-

0.2

-

95.

26471-62-5

Toluene Di-isocyanate, 2,4- and 2,6- (mixed isomers)

-

0.2

-

96.

79-01-6

Trichloroethylene (TCE)

-

12

-

97.

76-13-1

Trifluorotrichloroethane

-

800,000

-

98.

7440-62-2

Vanadium

-

2

-

99.

75-01-4

Vinyl Chloride

-

1

-

100.

75-35-4

Vinylidene Chloride

-

10

-

101.

1330-20-7

Xylenes

-

730

-

102.

7440-66-6

Zinc

-

120

-

O. Reg. 419/05, Sched. 3.

SCHEDULE 4
TARGET SECTORS FOR 2010

Item

NAICS Code

North American Industry Classification System Description

1.

2122

Metal Ore Mining

2.

221112

Fossil-Fuel Electric Power Generation

3.

324110

Petroleum Refineries

4.

3251

Basic Chemical Manufacturing

5.

3252

Resin, Synthetic Rubber, and Artificial and Synthetic Fibres and Filaments Manufacturing

6.

3311

Iron and Steel Mills and Ferro-Alloy Manufacturing

7.

331410

Non-Ferrous Metal (except Aluminum) Smelting and Refining

8.

3315

Foundries

O. Reg. 419/05, Sched. 4.

SCHEDULE 5
TARGET SECTORS FOR 2013

Item

NAICS Code

North American Industry Classification System Description

1.

3221

Pulp, Paper and Paperboard Mills

2.

324190

Other Petroleum and Coal Products Manufacturing

3.

325

Chemical Manufacturing

4.

326150

Urethane and Other Foam Product (except Polystyrene) Manufacturing

5.

3279

Other Non-Metallic Mineral Product Manufacturing 

6.

331

Primary Metal Manufacturing

7.

332

Fabricated Metal Product Manufacturing

8.

336

Transportation Equipment Manufacturing

9.

5622

Waste Treatment and Disposal

O. Reg. 419/05, Sched. 5.

SCHEDULE 6
UPPER RISK THRESHOLDS

Item

CAS No.

Contaminant

Half Hour Upper Risk Threshold (µg/m³)

Other Time Period Upper Risk Threshold (µg/m³)

1.

75-07-0

Acetaldehyde

5,000

5,000 (24 hour)

2.

67-64-1

Acetone

118,800

118,800 (24 hour)

3.

75-05-8

Acetonitrile

2,100

700 (24 hour)

4.

107-02-8

Acrolein

2.4

0.8 (24 hour)

5.

107-13-1

Acrylonitrile

180

60 (24 hour)

6.

7664-41-7

Ammonia

3,600

1,000 (24 hour)

7.

56-23-5

Carbon Tetrachloride

72

24 (24 hour)

8.

7782-50-5

Chlorine

300

100 (24 hour)

9.

67-66-3

Chloroform

300

100 (24 hour)

10.

110-82-7

Cyclohexane

183,000

61,000 (24 hour)

11.

117-81-7

Di(2-ethylhexyl) Phthalate

1,500

500 (24 hour)

12.

106-46-7

Dichlorobenzene, 1-4

2,850

950 (24 hour)

Note: On November 30, 2005, item 12 is revoked and the following substituted:

12.

106-46-7

Dichlorobenzene, 1,4-

2,850

950 (24 hour)

See: O. Reg. 605/05, ss. 16 (1), 18.

13.

100-41-4

Ethyl Benzene

14,000

10,000 (24 hour)

14.

60-29-7

Ethyl Ether

7,000

80,000 (24 hour)

15.

107-06-2

Ethylene Dichloride

600

200 (24 hour)

16.

4035-89-6

HDI Biuret (HDI-BT)

30

30 (24 hour)

17.

3779-63-3

HDI Isocyanurate (HDI-IC)

30

30 (24 hour)

18.

28182-81-2

HDI Polyisocyanate (HDI-BT & HDI-IC)

30

30 (24 hour)

19.

822-06-0

Hexamethylene Diisocyanate (HDI) Monomer

1

0.3 (24 hour)

20.

7647-01-0

Hydrogen Chloride

600

200 (24 hour)

21.

74-90-8

Hydrogen Cyanide

-

80 (24 hour)

Note: On November 30, 2005, item 21 is revoked and the following substituted:

21.

74-90-8

Hydrogen Cyanide

240

80 (24 hour)

See: O. Reg. 605/05, ss. 16 (2), 18.

22.

67-63-0

Isopropanol (Isopropyl Alcohol)

220,000

73,000 (24 hour)

23.

101-68-8

Methane Diphenyl Diisocyanate (MDI Monomer)

7

7 (24 hour)

24.

78-93-3

Methyl Ethyl Ketone (2-Butanone)

30,000

10,000 (24 hour)

25.

624-83-9

Methyl Isocyanate

10

10 (24 hour)

26.

75-09-2

Methylene Chloride

22,000

22,000 (24 hour)

27.

8052-41-3

Mineral Spirits

30,000

26,000 (24 hour)

Note: On November 30, 2005, item 27 is revoked and the following substituted:

27.

-

Mineral Spirits

30,000

26,000 (24 hour)

See: O. Reg. 605/05, ss. 16 (3), 18.

28.

110-54-3

n-Hexane (mixture)

25,000

25,000 (24 hour)

29.

110-54-3

n-Hexane (n-Hexane and Hexane isomers only)

25,000

25,000 (24 hour)

30.

127-18-4

Perchloroethylene

10,800

3,600 (24 hour)

31.

108-95-2

Phenol

900

300 (24 hour)

32.

9016-87-9

Polymeric Methane Diphenyl Diisocyanate (PMDI)

7

7 (24 hour)

33.

75-56-9

Propylene Oxide

450

150 (24 hour)

34.

584-84-9

Toluene Di-isocyanate, 2,4-

2

2 (24 hour)

35.

26471-62-5

Toluene Di-isocyanate, 2,4- and 2,6- (mixed isomers)

2

2 (24 hour)

36.

79-01-6

Trichloroethylene (TCE)

3,600

1,200 (24 hour)

37.

75-01-4

Vinyl Chloride

300

100 (24 hour)

38.

1330-20-7

Xylenes

22,000

7,300 (24 hour)

O. Reg. 419/05, Sched. 6.

SCHEDULE 7
CONTAMINANTS WITH UPDATED STANDARDS

Item

CAS No.

Contaminant

1.

67-64-1

Acetone

2.

75-05-8

Acetonitrile

3.

107-02-8

Acrolein

4.

107-13-1

Acrylonitrile

5.

7664-41-7

Ammonia

6.

7782-50-5

Chlorine

7.

67-66-3

Chloroform

8.

110-82-7

Cyclohexane

9.

100-41-4

Ethyl Benzene

10.

60-29-7

Ethyl Ether

11.

4035-89-6

HDI Biuret (HDI-BT)

12.

3779-63-3

HDI Isocyanurate (HDI-IC)

13.

28182-81-2

HDI Polyisocyanate (HDI-BT & HDI-IC)

14.

822-06-0

Hexamethylene Diisocyanate (HDI) Monomer

15.

7647-01-0

Hydrogen Chloride

16.

74-90-8

Hydrogen Cyanide

17.

67-63-0

Isopropanol (Isopropyl Alcohol)

18.

101-68-8

Methane Diphenyl Diisocyanate (MDI Monomer)

19.

78-93-3

Methyl Ethyl Ketone (2-Butanone)

20.

624-83-9

Methyl Isocyanate

21.

75-09-2

Methylene Chloride

22.

8052-41-3

Mineral Spirits

Note: On November 30, 2005, item 22 is revoked and the following substituted:

22.

-

Mineral Spirits

See: O. Reg. 605/05, ss. 17, 18.

23.

110-54-3

n-Hexane (mixture)

24.

110-54-3

n-Hexane (n-Hexane and Hexane isomers only)

25.

127-18-4

Perchloroethylene

26.

108-95-2

Phenol

27.

9016-87-9

Polymeric Methane Diphenyl Diisocyanate (PMDI)

28.

75-56-9

Propylene Oxide

29.

584-84-9

Toluene Di-isocyanate, 2,4-

30.

26471-62-5

Toluene Di-isocyanate, 2,4- and 2,6- (mixed isomers)

31.

79-01-6

Trichloroethylene (TCE)

32.

1330-20-7

Xylenes

O. Reg. 419/05, Sched. 7.