O. Reg. 389/22: WASTE MANAGEMENT PROJECTS

 

ontario regulation 389/22

made under the

Environmental Assessment Act

Made: April 14, 2022
Filed: April 20, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022

Amending O. Reg. 101/07

(WASTE MANAGEMENT PROJECTS)

1. (1) Subsection 1 (1) of Ontario Regulation 101/07 is amended by adding the following definitions:

“Class A thermal treatment site” means a thermal treatment site that uses coal, oil or petroleum coke as a fuel for thermal treatment;

“Class B thermal treatment site” means a thermal treatment site that meets the following criteria:

1.  It does not use coal, oil or petroleum coke as a fuel for thermal treatment.

2.  Thermal treatment is not used for the principal purpose of recovering material described in subsection (3).

3.  Of the energy generated by thermal treatment that is used, all of it is used at the site to dispose of waste;

“Class C thermal treatment site” means a thermal treatment site that meets the following criteria:

1.  It does not use coal, oil or petroleum coke as a fuel for thermal treatment.

2.  If thermal treatment is used for the principal purpose of recovering material described in subsection (3), of the energy generated by thermal treatment that is used, some or all of it is used at a location other than the site.

3.  If thermal treatment is not used for the principal purpose of recovering material described in subsection (3), of the energy generated by thermal treatment that is used, some or all of it is,

i.  used at the site for a purpose other than disposal of waste, or

ii.  used at a location other than the site;

“Class D thermal treatment site” means a thermal treatment site that meets the following criteria:

1.  It does not use coal, oil or petroleum coke as a fuel for thermal treatment.

2.  Thermal treatment is used for the principal purpose of recovering material described in subsection (3).

3.  Of the energy generated by thermal treatment that is used, all of it is used at the site;

(2) The definition of “Environmental Screening Process for Waste Management Projects” in subsection 1 (1) of the Regulation is amended by striking out “March 15, 2007” at the end and substituting “March 15, 2007, as amended from time to time, and available on a website of the Government of Ontario”.

(3) Section 1 of the Regulation is amended by adding the following subsections:

(3) For the purposes of the definitions of “Class B thermal treatment site”, “Class C thermal treatment site” and “Class D thermal treatment site” in subsection (1), the following criteria must be satisfied with respect to the material:

1.  There is a demonstrated market demand for the material.

2.  The material satisfies at least one of the following descriptions:

i.  The material meets the requirements of an ASTM International Standard or an equivalent recognized industry standard.

ii.  The material is a gaseous emission that can be upgraded into a gaseous fuel that meets the requirements of a standard mentioned in subparagraph i.

iii.  The material is used as a feedstock to completely or partially replace any existing feedstock in an agricultural, commercial, manufacturing or industrial process or operation.

(4) For the purposes of this Regulation, the annual recovery rate in respect of thermal treatment at a Class D thermal treatment site shall be calculated as follows:

A/B × 100

in which,

  “A”  is the mass of material described in subsection (3) that is projected to be recovered from waste that is subject to thermal treatment at the site in a year under normal operation, and

  “B”  is the mass of the waste projected to be subject to thermal treatment at the site in a year under normal operation.

2. Section 2 of the Regulation is revoked and the following substituted:

Establishment of site

2. The establishing of any of the following waste disposal sites is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies:

1.  A landfilling site or dump with a total waste disposal volume of more than 100,000 cubic metres.

2.  A Class A thermal treatment site unless,

i.  the site is located at a commercial, industrial or manufacturing facility,

ii.  the primary purpose of the facility is not the management of municipal waste, hazardous waste, liquid industrial waste or any other kind of waste,

iii.  more than 100 tonnes of waste are received at the facility per day, and

iv.  of the energy or fuel generated by thermal treatment at the site that is used,

A.  all of the energy or fuel is used at the facility, and

B.  not all of the energy or fuel is used to dispose of waste.

3.  A Class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes.

4.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is less than 70 per cent.

5.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 1,000 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is equal to or greater than 70 per cent.

6.  A waste disposal site at which hazardous waste or liquid industrial waste is finally disposed of.

3. Subsection 3 (1) of the Regulation is amended by,

(a)  striking out “subsection 2 (1)” and substituting “section 2”; and

(b)  striking out “that subsection” and substituting “that section”.

4. Sections 7 and 8 of the Regulation are revoked and the following substituted:

Change to thermal treatment site, type of thermal treatment site

7. (1) A change to a thermal treatment site described in a paragraph of section 2 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section.

(2) For greater certainty, a change to a thermal treatment site described in a paragraph of section 2 includes a change to a thermal treatment site described in paragraph 6 of that section at which hazardous waste or liquid industrial waste is finally disposed of.

Change to thermal treatment site, increase in amount of waste

8. A change to a thermal treatment site described in section 2, including a change to a thermal treatment site described in paragraph 6 of that section at which hazardous waste or liquid industrial waste is finally disposed of, is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the amount of waste that would be subject to thermal treatment at the site on any day after the change would exceed the amount of waste that was authorized under the Environmental Protection Act to be subject to thermal treatment at the site before the change.

5. Section 11 of the Regulation is revoked and the following substituted:

Establishment of site

11. The establishing of any of the following waste disposal sites is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies:

1.  A landfilling site or dump with a total waste disposal volume of 40,000 cubic metres or more but not more than 100,000 cubic metres.

2.  A Class A thermal treatment site if it satisfies the criteria set out in subparagraphs 2 i to iv of section 2.

3.  A Class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is less than or equal to 10 tonnes.

4.  A Class C thermal treatment site.

5.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes but less than or equal to 100 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is less than 70 per cent.

6.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes but less than or equal to 1,000 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is equal to or greater than 70 per cent.

7.  A waste disposal site at which waste is handled, treated or processed, if, on an annual basis, an average of more than 1,000 tonnes of waste per day is transferred from the site for final disposal.

6. Subsection 12 (1) of the Regulation is revoked and the following substituted:

Change that results in site described in s. 11

(1) A change to a waste disposal site that is not described in section 11 that would result in it becoming a waste disposal site described in that section is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies.

7. Section 15 of the Regulation is amended by,

(a)  striking out “subsection 2 (1) or paragraph 1 of subsection 11 (1)” and substituting “section 2 or paragraph 1 of section 11”; and

(b)  striking out “paragraph 4 of subsection 2 (1)” and substituting “paragraph 6 of section 2”.

8. The Regulation is amended by adding the following section:

Change to thermal treatment site, type of thermal treatment site

15.1 A change to a thermal treatment site described in a paragraph of section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section.

9. Section 16 of the Regulation is amended by striking out “paragraph 2 or 3 of subsection 11 (1) or subsection 11 (2)” and substituting “section 11”.

10. Section 17 of the Regulation is amended by striking out “paragraph 4 of subsection 11 (1)” and substituting “paragraph 7 of section 11”.

11. Section 18 of the Regulation is amended by striking out “subsection 2 (1) or 11 (1) or (2)” and substituting “section 2 or 11”.

12. Paragraph 4 of section 23 of the Regulation is amended by striking out “thermal treatment site” in the portion before subparagraph i and substituting “thermal treatment site, other than a Class D thermal treatment site”.

13. Sections 26 and 27 of the Regulation are revoked.

14. Subsection 28 (1) of the Regulation is amended by striking out “Despite subsection 10 (1), section 23 and subsections 26 (1) and 27 (1)” at the beginning and substituting “Despite subsection 10 (1) and section 23”.

Commencement

15. This Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed.