O. Reg. 605/05: Air Pollution - Local Air Quality

filed November 28, 2005 under Environmental Protection Act, R.S.O. 1990, c. E.19

ontario regulation 605/05

made under the

environmental protection act

Made: November 23, 2005
Filed: November 28, 2005
Published on e-Laws: November 29, 2005
Printed in The Ontario Gazette: December 17, 2005

Amending O. Reg. 419/05

(Air Pollution — Local Air Quality)

1. (1) Subsection 4 (2) of Ontario Regulation 419/05 is amended by striking out “or” at the end of clause (b) and 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

(2) Clause 4 (2) (c) of the Regulation 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”.

(3) Section 4 of the Regulation 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.

(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.

(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.

2. (1) Subsection 7 (6) of the Regulation 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”.

(2) Subsection 7 (9) of the Regulation 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”.

3. Subsections 12 (1) and (2) of the Regulation are 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).

(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.

4. Clause 20 (5) (a) of the Regulation 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”.

5. Section 22 of the Regulation 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.

(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.

6. (1) Subsection 25 (10) of the Regulation 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:

. . . . .

(2) Subsection 25 (11) of the Regulation 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:

. . . . .

(3) Section 25 of the Regulation 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).

7. (1) Section 28 of the Regulation 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).

(1.2) Subsection (1) does not apply to a person who complies with a notice given by the Director under subsection (1.1).

(2) Subsection 28 (2) of the Regulation 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:

. . . . .

(3) Subsection 28 (3) of the Regulation 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:

. . . . .

8. (1) Subsection 29 (1) of the Regulation 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)”.

(2) Clause 29 (2) (a) of the Regulation 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

9. Section 30 of the Regulation 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.

(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).

10. (1) Section 31 of the Regulation 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.

(2) Subsection 31 (4) of the Regulation 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.

11. (1) Section 35 of the Regulation is amended by adding the following subsection:

(2) Subsection 35 (4) of the Regulation 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.

12. 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.

(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.

(3) This section does not apply to a notice given under subsection 7 (1) or (10) or 32 (2).

13. (1) Item 32 of Schedule 1 to the Regulation is revoked and the following substituted:

32.

106-46-7

Dichlorobenzene, 1,4-

285

(2) Item 51 of Schedule 1 to the Regulation is revoked.

(3) Item 64 of Schedule 1 to the Regulation is revoked and the following substituted:

64.

71-55-6

Methyl Chloroform (1,1,1-Trichloroethane)

350,000

(4) Item 69 of Schedule 1 to the Regulation is revoked and the following substituted:

69.

Mineral Spirits

7,800

14. (1) Item 35 of Schedule 2 to the Regulation is revoked and the following substituted:

35.

106-46-7

Dichlorobenzene, 1,4-

285

(2) Item 73 of Schedule 2 to the Regulation is revoked and the following substituted:

73.

71-55-6

Methyl Chloroform (1,1,1-Trichloroethane)

350,000

(3) Item 80 of Schedule 2 to the Regulation is revoked and the following substituted:

80.

Mineral Spirits

3,000

15. (1) Item 33 of Schedule 3 to the Regulation is revoked and the following substituted:

33.

106-46-7

Dichlorobenzene, 1,4-

(2) Item 63 of Schedule 3 to the Regulation is revoked and the following substituted:

63.

71-55-6

Methyl Chloroform (1,1,1-Trichloroethane)

115,000

(3) Item 68 of Schedule 3 to the Regulation is revoked and the following substituted:

68.

Mineral Spirits

2,600

16. (1) Item 12 of Schedule 6 to the Regulation is revoked and the following substituted:

12.

106-46-7

Dichlorobenzene, 1,4-

2,850

950 (24 hour)

(2) Item 21 of Schedule 6 to the Regulation is revoked and the following substituted:

21.

74-90-8

Hydrogen Cyanide

240

80 (24 hour)

(3) Item 27 of Schedule 6 to the Regulation is revoked and the following substituted:

27.

Mineral Spirits

30,000

26,000 (24 hour)

17. Item 22 of Schedule 7 to the Regulation is revoked and the following substituted:

22.

Mineral Spirits

18. This Regulation comes into force on November 30, 2005.

O. Reg. 605/05: Air Pollution - Local Air Quality

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