O. Reg. 516/07: AIR POLLUTION - LOCAL AIR QUALITY

filed August 31, 2007 under Environmental Protection Act, R.S.O. 1990, c. E.19

ontario regulation 516/07

made under the

environmental protection act

Made: August 22, 2007
Filed: August 31, 2007
Published on e-Laws: September 4, 2007
Printed in The Ontario Gazette: September 15, 2007

Amending O. Reg. 419/05

(Air Pollution — Local Air Quality)

1. (1) Subsection 1 (1) of Ontario Regulation 419/05 is amended by adding the following definitions:

“ASHRAE method of calculation” means the method of calculation described in Chapter 44 (Building Air Intake and Exhaust Design) of the 2003 ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, as amended from time to time;

“CAS No.” means the numerical identifier assigned by Chemical Abstracts Service;

“mercaptan” means any organic compound that contains a thiol group;

“mineral spirits” means a petroleum distillate mixture of C7 to C12 alkanes (paraffins) and cycloalkanes (naphthenes) where the mixture is in the range from 5 to 20 per cent aromatics by weight, is less than 0.1 per cent benzene by weight, has a boiling point in the range from 130 to 220 degrees Celsius and has a flash point in the range from 21 to 60 degrees Celsius;

“reduced sulphur compound” includes dimethyl disulphide, dimethyl sulphide, hydrogen sulphide and mercaptans;

“total reduced sulphur (TRS) compounds” means a mixture that includes at least one reduced sulphur compound;

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

(2.1) References in this Regulation to mercaptans are expressed as methyl mercaptan and, for the purposes of this Regulation, an amount (or concentration) of total mercaptans shall be calculated in accordance with the following formula:

A = ∑(B × C ÷ 48)

where,

A = the amount (or concentration) of total mercaptans,

B = the amount (or concentration) of each mercaptan,

C = the molecular weight of each mercaptan.

(2.2) References in this Regulation to nitrogen oxides are expressed as nitrogen dioxide and, for the purposes of this Regulation, an amount (or concentration) of nitrogen oxides shall be calculated in accordance with the following formula:

A = (B × 1.53) + C

where,

A = the amount (or concentration) of nitrogen oxides,

B = the amount (or concentration) of nitric oxide,

C = the amount (or concentration) of nitrogen dioxide.

(2.3) References in this Regulation to phosphoric acid are expressed as total phosphoric acid and, for the purposes of this Regulation, an amount (or concentration) of total phosphoric acid shall be calculated in accordance with the following formula:

A = B + (C × 1.40)

where,

A = the amount (or concentration) of total phosphoric acid,

B = the amount (or concentration) of phosphoric acid,

C = the amount (or concentration) of phosphoric pentoxide.

(2.4) For the purposes of this Regulation, an amount (or concentration) of total reduced sulphur (TRS) compounds shall be calculated as the sum of the amounts (or concentrations) of the reduced sulphur compounds.

2. Subsection 4 (3) of the Regulation is amended by striking out “a notice under clause (2) (c)” and substituting “a notice under clause (2) (b), (b.1) or (c)”.

3. Section 6 of the Regulation is revoked and the following substituted:

Approved dispersion models

6. (1) For the purposes of this Part, the following are approved dispersion models for discharges of a contaminant, except as otherwise provided:

1. 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.

2. The ASHRAE method of calculation.

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 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.

5. The method of calculation required by the Appendix to Regulation 346, if section 18 or 19 applies to the discharges.

(2) The Ministry shall make copies of the approved dispersion models referred to in paragraphs 1, 3, 4 and 5 of subsection (1) available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre.

4. (1) Subsection 8 (2) of the Regulation is amended by striking out “consider a source of contaminant specified in the notice” in the portion before clause (a) and substituting “consider a source of contaminant specified in the notice in accordance with the notice”.

(2) Clause 8 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

5. Section 9 of the Regulation is revoked and the following substituted:

Same structure contamination

9. (1) The following approved dispersion models are the only approved dispersion models that may be used for the purposes of this Part with respect to the contaminant and a point of impingement that is located on the same structure as the source of contaminant:

1. The ASHRAE method of calculation.

2. A dispersion model or combination of dispersion models that, pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, if the notice given under subsection 7 (1) states that the Director is of the opinion that the dispersion model or combination of dispersion models would predict concentrations of the contaminant at least as accurately as the ASHRAE method of calculation.

3. The method of calculation required by the Appendix to Regulation 346, if section 18 or 19 applies to discharges of the contaminant.

(2) The ASHRAE method of calculation may be used for the purposes of this Part with respect to a contaminant only with respect to a point of impingement that is located on the same structure as the source of contaminant.

6. (1) Subsection 10 (1) of the Regulation is revoked and the following substituted:

Operating conditions

(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 for each averaging period applicable to the relevant contaminant under section 18, 19 or 20, whichever is applicable:

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

2. A scenario that, for the relevant averaging period, 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.

(2) Subsection 10 (2) of the Regulation is amended by striking out “the scenario described in paragraph 2 of subsection (1)” in the portion before clause (a) and substituting “the scenario described in paragraph 2 of subsection (1) and in accordance with the notice”.

(3) Clause 10 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

7. (1) Subsection 11 (1) of the Regulation is revoked and the following substituted:

Source of contaminant emission rates

(1) An approved dispersion model that is used for the purposes of this Part shall be used with an emission rate that is determined in one of the following ways for each source of contaminant and for each averaging period applicable to the relevant contaminant under section 18, 19 or 20, whichever is applicable:

1. The emission rate that, for the relevant averaging period, 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 that, for the relevant averaging period, 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 that, for the relevant averaging period, 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.

(2) Subsection 11 (2) of the Regulation is amended by striking out “in accordance with paragraph 2 or 3 of subsection (1)” in the portion before clause (a) and substituting “in accordance with paragraph 2 or 3 of subsection (1) and in accordance with the notice”.

(3) Clause 11 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

8. (1) Section 12 of the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), an approved dispersion model that is used for the purposes of this Part may 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 2 of subsection 11 (1) if the Director is of the opinion that the emission rate will be accurately determined.

(2) Clause 12 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

9. (1) Paragraph 1 of subsection 13 (1) of the Regulation is revoked and the following substituted:

1. Regional surface and upper air meteorological data for the part of Ontario in which the source of contaminant is located that was available on May 14, 2007, and continues to be available, through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre.

1.1 Data described in paragraph 1 that has been processed by the AERMET computer program, as that program is amended from time to time, and that is available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre, if the approved dispersion model that is used is the AERMOD dispersion model described in paragraph 1 of subsection 6 (1).

(2) Paragraph 2 of subsection 13 (1) of the Regulation is revoked and the following substituted:

2. Data described in paragraph 1.1 that has been refined to reflect local land use conditions, if the approved dispersion model that is used is the AERMOD dispersion model described in paragraph 1 of subsection 6 (1).

2.1 Data described in paragraph 1 that has been processed by the PCRAMMET computer program, as that program is amended from time to time, and that is available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre, if the approved dispersion model that is used is the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1).

(3) Subsection 13 (4) of the Regulation is revoked and the following substituted:

(4) This section does not apply if the approved dispersion model that is used is,

(a) the ASHRAE method of calculation;

(b) the SCREEN3 dispersion model described in paragraph 4 of subsection 6 (1);

(d) a dispersion model or combination of dispersion models that, pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, if the dispersion model or combination of dispersion models is not capable of using meteorological data.

10. Section 14 of the Regulation is revoked and the following substituted:

Area of modelling coverage

14. (1) Subject to subsections (2) to (6), 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).

(2) 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.

(3) Subsection (1) or (2) does not apply if the approved dispersion model that is used is,

(a) the ASHRAE method of calculation;

(b) the SCREEN3 dispersion model described in paragraph 4 of subsection 6 (1);

(4) If an approved dispersion model is used for the purposes of this Part, it is not necessary to use the model in a manner that predicts the concentration of the relevant contaminant at a point of impingement if the distance from the property on which the sources of contaminant are located to that point of impingement is greater than the distance from the property on which the sources of contaminant are located to the point of impingement where, according to the model, the concentration of that contaminant would be highest.

(5) 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.

(6) Despite subsections (1) to (5), 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.

(7) Before the Director gives a person a notice under subsection (6), 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.

11. Subsection 15 (2) of the Regulation is amended by striking out “an approved dispersion model is used” in the portion before paragraph 1 and substituting “an approved dispersion model other than the ASHRAE method of calculation is used”.

12. Subsection 16 (2) of the Regulation is revoked and the following substituted:

(2) This section does not apply if the approved dispersion model that is used is,

(a) the ASHRAE method of calculation;

(b) the method of calculation required by the Appendix to Regulation 346; or

(c) a dispersion model or combination of dispersion models that, pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, if the dispersion model or combination of dispersion models is not capable of using terrain data.

13. Subsection 17 (4) of the Regulation is revoked and the following substituted:

(4) If an approved dispersion model is used with respect to a person and contaminant to whom section 20 applies and Schedule 3 sets out more than one standard for the contaminant, using different averaging periods, the model shall be used with respect to each averaging period.

(5) This section does not apply if,

(a) the approved dispersion model that is used is the ASHRAE method of calculation and the model is being used in connection with a standard set out in Schedule 3 that applies to a 10 minute averaging period; or

(b) the approved dispersion model that is used is the method of calculation required by the Appendix to Regulation 346.

14. Part II of the Regulation is amended by adding the following section immediately before the heading “Contaminant Concentration Standards”:

Compliance with modelling requirements

17.1 A person who is required under this Regulation to prepare or update a report in accordance with section 26 and who uses an approved dispersion model for that purpose shall comply with sections 9 to 17.

15. (1) Section 20 of the Regulation is amended by adding the following subsections:

(2.1) Subsections (1) and (2) do not apply with respect to a standard set out in Schedule 3 for a 10 minute averaging period.

(2.2) 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 Schedule 3 for the contaminant for a 10 minute averaging period and the discharge results in the concentration of the contaminant exceeding that standard at a point of impingement where human activities regularly occur at a time when those activities regularly occur.

(2.3) Subsection (2.2) does not apply if the discharge arises from,

(a) an agricultural operation to which subsection 2 (1) of the Farming and Food Production Protection Act, 1998 applies; or

(b) the use of an alarm system or warning system for health or safety reasons, including the use of an alarm system in an underground mine in accordance with Regulation 854 of the Revised Regulations of Ontario, 1990 (Mines and Mining Plants) made under the Occupational Health and Safety Act.

(2) Clause 20 (3) (c) of the Regulation is revoked and the following substituted:

(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, and the period referred to in subsection 32 (28) has begun;

16. The Regulation is amended by adding the following sections:

Sulphur compounds

20.1 (1) If a person discharges or causes or permits the discharge of only one of the following contaminants and the person does not discharge or cause or permit the discharge of any other reduced sulphur compounds, sections 19 and 20 do not apply to total reduced sulphur (TRS) compounds:

1. Dimethyl disulphide.

2. Dimethyl sulphide.

3. Hydrogen sulphide.

4. Mercaptans.

(2) If a person discharges or causes or permits the discharge of two or more of the contaminants listed in paragraphs 1 to 4 of subsection (1), sections 19 and 20 do not apply to those contaminants.

(3) Subsection (2) does not affect the obligation to comply with sections 19 and 20 with respect to total reduced sulphur (TRS) compounds.

(4) The two items in each of Schedules 2 and 3 that set out standards for total reduced sulphur (TRS) compounds specify the facilities to which they apply.

Dimethyl disulphide from regulated pesticide

20.2 Sections 18, 19 and 20 do not apply to a discharge of dimethyl disulphide, if the discharge arises from the use of a pesticide in accordance with section 22 of Regulation 914 of the Revised Regulations of Ontario, 1990 (General) made under the Pesticides Act.

Agricultural operations and alarms systems

20.3 If, at a concentration equal to a standard set out for a contaminant in Schedule 1 or 2, the discharge of the contaminant has an odour but no health effects, that standard does not apply to a discharge of the contaminant that arises from,

(a) an agricultural operation to which subsection 2 (1) of the Farming and Food Production Protection Act, 1998 applies; or

Standby power sources

20.4 (1) Sections 18, 19 and 20 do not apply to a discharge that occurs as a result of the use of a standby power source if all of the following criteria are met:

1. Testing and maintenance of the standby power source is done in accordance with any applicable manufacturer’s recommendations and generally accepted standards.

2. The discharge occurs during one of the following periods:

i. A period in which the standby power source is operated solely for testing or maintenance purposes.

ii. A period in which the standby power source is used for its intended purpose.

3. The standby power source has not been operated for testing or maintenance purposes for more than 60 hours in the 12 months before the discharge.

(2) In this section,

“standby power source” means equipment that is intended to be used for the purpose of producing power to maintain operating conditions when the power produced by the normal sources of power is cut off or reduced.

17. Subsection 22 (2) of the Regulation is revoked and the following substituted:

(2) If a report is required by subsection (1) to be prepared in accordance with section 26, it is not necessary for the lists of contaminants required by paragraphs 2 and 4 of subsection 26 (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.

(3) The Director may relieve a person who is required by subsection (1) to prepare a report in accordance with section 26 from the obligation to comply with any provision of subsection 26 (1) that is specified by the Director, subject to such conditions as are specified by the Director, if the Director is of the opinion that compliance with the provision is not necessary to understand the impact of discharges of one or more contaminants.

18. (1) Subsection 24 (1) of the Regulation is amended by striking out “and submit the report to the Director if” in the portion before clause (a) and substituting “and to submit the report to the Director, not later than a date specified in the notice, if”.

(2) Section 24 of the Regulation is amended by adding the following subsection:

(1.1) A notice given under subsection (1) that requires a report to be prepared in accordance with section 26 may provide that the lists of contaminants required by paragraphs 2 and 4 of subsection 26 (1) only need to include contaminants specified in the notice.

(3) Subsection 24 (2) of the Regulation is revoked and the following substituted:

(2) If a notice is given under subsection (1) to a person to whom section 18 or 19 applies in respect of a contaminant,

(a) the notice may require that the report be prepared as if section 20 applied instead of section 18 or 19 and, in that case, section 20 shall be deemed to apply for the purpose of preparing the report; or

(b) the notice may require that the report be prepared so that, in addition to setting out the information required by this Regulation based on the application of section 18 or 19, the report contain a part that sets out the information that would be required by this Regulation if section 20 applied and, in that case, section 20 shall be deemed to apply for the purpose of preparing that part of the report.

(2.1) If a notice is given under subsection (1) and the notice includes a requirement referred to in clause (2) (a) or (b), the notice may also require that the report include the following in accordance with the notice:

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 averaging periods 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 averaging periods in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 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).

(2.2) Subsection (2.1) does not apply if a notice is given under subsection (1), the notice includes a requirement referred to in clause (2) (a) or (b) and the notice requires that the report include the following in accordance with the notice:

1. A written statement or map identifying the location of points of impingement specified in the notice.

2. A written statement specifying the concentration of the contaminant that the approved dispersion model predicts at points of impingement specified in the notice.

3. A written statement specifying the number of averaging periods 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 points of impingement specified in the notice, expressed as a percentage of the number of averaging periods in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1),

(2.3) A person who is required to prepare a report under subsection (1) that includes the information referred to in subsection (2.1) or (2.2) shall prepare the report using,

(a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1);

(b) the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1); or

(i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and

(ii) is capable of providing the information referred to in subsection (2.1) or (2.2), as the case may be.

19. (1) Clause 25 (9) (b) of the Regulation is amended by striking out “the contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the contaminant”.

(2) Subsection 25 (10) of the Regulation is amended by striking out “provide the Director with the following” at the end of the portion before paragraph 1 and substituting “provide the Director with the following in accordance with the notice”.

(3) Paragraph 3 of subsection 25 (10) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

. . . . .

(4) Subparagraph 3 i of subsection 25 (10) of the Regulation is amended by striking out “paragraph 1 or 2 of subsection 13 (1)” at the end and substituting “paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1)”.

(5) Section 25 of the Regulation is amended by adding the following subsections:

(10.1) If subsection (10) authorizes the Director to give a person a notice, the Director may instead give the person a written notice requiring the person to provide the Director with the following in accordance with the notice:

1. A written statement or map identifying the location of points of impingement specified in the notice.

2. A written statement specifying the concentration of the contaminant that the approved dispersion model predicts at points of impingement specified in the notice.

3. A written statement specifying the number of averaging periods 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 points of impingement specified in the notice, expressed as a percentage of the number of averaging periods in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1),

(10.2) If a notice requires a person to provide the Director with information referred to in subsection (10) or (10.1), the person shall provide the information and update the report referred to in subsection (9) using,

(a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1);

(b) the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1); or

(i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and

(ii) is capable of providing the information referred to in subsection (10) or (10.1), as the case may be.

(6) Subsection 25 (11) of the Regulation is amended by striking out “provide the Director with the following” at the end of the portion before paragraph 1 and substituting “provide the Director with the following in accordance with the notice”.

(7) Section 25 of the Regulation is amended by adding the following subsection:

(11.1) The Director shall not give a person a notice under subsection (10), (10.1) or (11) 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.

20. (1) Subsection 26 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Contents of ESDM report

(1) A person who is required under this Regulation to prepare or update a report in accordance with this section shall use one or more approved dispersion models for that purpose and shall include the following in the report:

. . . . .

(2) Sub-subparagraph 8 iii D of subsection 26 (1) of the Regulation is amended by striking out “an approved dispersion model” and substituting “the approved dispersion model”.

(3) Paragraph 12 of subsection 26 (1) of the Regulation is amended by striking out “An electronic copy” at the beginning and substituting “For each contaminant listed under paragraph 4, an electronic copy”.

(4) Subparagraph 14 iii of subsection 26 (1) of the Regulation is amended by striking out “when using an approved dispersion model for the purpose of this section” at the end and substituting “when using the approved dispersion model for the purpose of this section”.

(5) Subparagraph 14 viii of subsection 26 (1) of the Regulation is amended by striking out “the contaminant is not listed in any of Schedules 1, 2 and 3” at the end and substituting “sections 18, 19 and 20 do not apply to discharges of the contaminant”.

(6) Subsections 26 (2) and (3) of the Regulation are revoked and the following substituted:

(2) If a person is required to prepare a report in accordance with this section with respect to two or more contaminants that are discharged from two or more properties that are deemed to be a single property under subsection 4 (2), the person may prepare a separate report in accordance with this section with respect to any contaminant that is discharged from only one of those properties.

21. Subsection 27 (2) of the Regulation is revoked and the following substituted:

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

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

Technology Reports

Technology reports

27.1 (1) The Director may give written notice to a person requiring the person to prepare and submit to the Director, in accordance with the notice and not later than a date specified in the notice, a report described in subsection (3) if the person discharges or causes or permits discharges into the air of a contaminant specified in the notice and,

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

(b) sections 18, 19 and 20 do not apply to the discharges of the contaminant and the Director has reasonable grounds to believe that the discharges may cause an adverse effect.

(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) A report required under subsection (1) shall contain the following:

1. 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.

2. An analysis of the methods identified under paragraph 1, and combinations of those methods, to determine which are technically feasible with respect to the sources of contaminant to which the report relates.

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

4. A ranking of the methods and combinations of methods identified under paragraph 3, 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 report relates.

5. Unless a plan is included in the report under paragraph 4 of subsection (5), a plan on how to implement,

i. the method or combination of methods that is ranked under paragraph 4 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 18, 19 or 20, whichever is applicable.

(4) A person who is required to prepare a report under subsection (1) shall ensure that the report deals with all sources of the contaminant specified in the notice given under that subsection.

(5) A person who prepares a report required under subsection (1) may include the following in a part of the report that is separate from the part of the report that contains the material required by subsection (3):

1. An analysis of the economic feasibility of the methods and combinations of methods that are determined under paragraph 2 of subsection (3) 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 report 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 18, 19 or 20, whichever is applicable.

23. (1) Subclause 28 (1) (a) (ii) of the Regulation is amended by striking out “the contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the contaminant”.

(2) Clause 28 (1) (c) of the Regulation is amended by striking out “the contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the contaminant”.

(3) Section 28 of the Regulation is amended by adding the following subsection:

(1.1.1) Before the Director gives a person a notice under subsection (1.1), 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.

(4) Subsection 28 (2) of the Regulation is amended by striking out “provide the Director with the following” at the end of the portion before paragraph 1 and substituting “provide the Director with the following in accordance with the notice”.

(5) Paragraph 3 of subsection 28 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

. . . . .

(6) Subparagraph 3 i of subsection 28 (2) of the Regulation is amended by striking out “paragraph 1 or 2 of subsection 13 (1)” at the end and substituting “paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1)”.

(7) Section 28 of the Regulation is amended by adding the following subsections:

(2.1) If subsection (2) authorizes the Director to give a person a notice, the Director may instead give the person a written notice requiring the person to provide the Director with the following in accordance with the notice:

1. A written statement or map identifying the location of points of impingement specified in the notice.

2. A written statement specifying the concentration of the contaminant that the approved dispersion model predicts at points of impingement specified in the notice.

3. A written statement specifying the number of averaging periods 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 points of impingement specified in the notice, expressed as a percentage of the number of averaging periods in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1),

(2.2) If a notice requires a person to provide the Director with information referred to in subsection (2) or (2.1), the person shall provide the information using,

(a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1);

(b) the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1); or

(i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and

(ii) is capable of providing the information referred to in subsection (2) or (2.1), as the case may be.

(8) Subsection 28 (3) of the Regulation is amended by striking out “provide the Director in writing with the following” at the end of the portion before paragraph 1 and substituting “provide the Director in writing with the following in accordance with the notice”.

24. (1) Subsection 30 (1) of the Regulation is revoked and the following substituted:

Upper risk thresholds

(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,

(a) the concentration of the contaminant exceeding the half hour upper risk threshold set out for that contaminant in Schedule 6 at a point of impingement, if section 18 or 19 applies to the person in respect of the contaminant; or

(b) the other time period upper risk threshold set out for that contaminant in Schedule 6 at a point of impingement, if section 20 applies to the person in respect of the contaminant.

(1.1) The two items in Schedule 6 that set out upper risk thresholds for total reduced sulphur (TRS) compounds specify the facilities to which they apply.

(2) Section 30 of the Regulation is amended by adding the following subsections:

(5.1) A person who prepares a report required by subsection (4) shall prepare the report using,

(a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1);

(b) the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1); or

(i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and

(ii) is capable of providing the information referred to in subsection (7).

(5.2) Despite subsection 10 (1), a person who prepares a report required by subsection (4) shall use an approved dispersion model in accordance with both of the scenarios described in subsection 10 (1), and the report shall set out separately the information relevant to each scenario.

(3) Subsection 30 (6) of the Regulation is amended by striking out “Paragraphs 1 and 2 of subsection 13 (1)” at the beginning and substituting “Paragraphs 1, 1.1, 2 and 2.1 of subsection 13 (1)”.

(4) Section 30 of the Regulation is amended by adding the following subsections:

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

(6.2) A person who is required to prepare a report under subsection (4) shall ensure that the table required by paragraph 14 of subsection 26 (1) contains the following additional information:

1. The other time period upper risk threshold set out for the contaminant in Schedule 6.

2. A comparison of the concentration referred to in subparagraph 14 v of subsection 26 (1) and the other time period upper risk threshold set out for the contaminant in Schedule 6, expressed as a percentage of the threshold.

(5) Subsection 30 (7) of the Regulation is revoked and the following substituted:

(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 the following in the report:

1. A statement or map identifying the place that the point of impingement is located on.

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

3. A statement specifying the number of averaging periods 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 averaging periods in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1),

25. (1) Paragraph 7 of subsection 32 (1) of the Regulation is amended by striking out “paragraphs 1 to 4 of subsection 6 (2)” and substituting “paragraphs 1 to 5 of subsection 6 (1)”.

(2) Subsection 32 (1) of the Regulation is amended by adding the following paragraph:

9. The person is required to make a request under this subsection as part of a plan developed or amended pursuant to an order under section 7 or 17 of the Act or paragraph 7 or 8 of subsection 18 (1) of the Act.

(3) Paragraph 2 of subsection 32 (10) of the Regulation is amended by striking out “18 months” and substituting “15 months”.

(4) Subparagraph 2 iii of subsection 32 (13) of the Regulation is amended by striking out the portion before sub-subparagraph A and substituting the following:

iii. a written statement specifying the number of averaging periods 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 averaging periods in,

. . . . .

(5) Section 32 of the Regulation is amended by adding the following subsections:

(13.1) Paragraph 2 of subsection (13) does not apply if the Director gives the person a notice requiring that the request include the following in accordance with the notice:

1. A written statement or map identifying the location of points of impingement specified in the notice.

2. A written statement specifying the concentration of the contaminant that the approved dispersion model predicts at points of impingement specified in the notice.

3. A written statement specifying the number of averaging periods 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 points of impingement specified in the notice, expressed as a percentage of the number of averaging periods in,

i. 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

ii. 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).

(13.2) A person who makes a request under subsection (1) shall prepare the report required by paragraph 1 of subsection (13), and provide the information required by paragraph 2 of that subsection or by subsection (13.1), using,

(a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1);

(b) the ISCPRIME dispersion model described in paragraph 3 of subsection 6 (1); or

(i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and

(ii) is capable of providing the information referred to in paragraph 2 of subsection (13) or in subsection (13.1), as the case may be.

(6) Subsection 32 (14) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(14) A person who makes a request under subsection (1) may include the following in a part of the request that is separate from the part of the request that contains the material required by subsection (13):

. . . . .

(7) Section 32 of the Regulation is amended by adding the following subsections:

(16.1) Despite subsection 10 (1), a person who prepares a report required by paragraph 1 of subsection (13) shall, for the contaminant that is the subject of the request, use an approved dispersion model in accordance with both of the scenarios described in subsection 10 (1), and the report shall set out separately the information relevant to each scenario.

(16.2) Paragraphs 1 and 2 of subsection 11 (1) do not apply to a person who prepares a report required by paragraph 1 of subsection (13).

(16.3) Despite subsection (16.2), a person who prepares a report required by paragraph 1 of subsection (13) may use an approved dispersion model with an emission rate determined in accordance with paragraph 2 of subsection 11 (1), if the Director is of the opinion that the report will accurately determine the concentrations of contaminants.

(8) Subsection 32 (17) of the Regulation is amended by striking out “Paragraphs 1 and 2 of subsection 13 (1)” at the beginning and substituting “Paragraphs 1, 1.1, 2 and 2.1 of subsection 13 (1)”.

(9) Section 32 of the Regulation is amended by adding the following subsection:

(20.1) The person making a request under subsection (1) shall provide written material referred to in clause (20) (a) or (b) as soon as practicable to any person who makes a request for the material within 30 days after the public meeting required by subsection (18).

(10) Section 32 of the Regulation is amended by adding the following subsection:

(22.1) The Director shall not approve or refuse to approve a request under subsection (1) unless the Director first gives the person making the request a draft of the approval or refusal and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(11) Subsection 32 (31) of the Regulation is revoked and the following substituted:

(31) If the Director approves the alteration of a standard under subsection (21), the person who requested the alteration shall,

(a) give a copy of the approval to any person who requests it; and

(b) make the written material referred to in clause (20) (a) or (b) available for inspection by any person at the facility during regular business hours during the period that the alteration of the standard applies.

(31.1) If the Director approves the alteration of a standard under subsection (21), he or she may make an order requiring a person to whom the alteration applies to take steps specified by the order, not later than the dates specified in the order, that are related to complying with section 20, having regard to the altered standard.

(31.2) An order made under subsection (31.1) does not apply if the person against whom the order was made complies with section 20, having regard to the standard set out in Schedule 3 that was altered by the approval under subsection (21).

(31.3) If the Director makes an order under subsection (31.1), the person against whom the order was made shall give a copy of the order to any person who requests it.

(31.4) The Director may give a person to whom the alteration of a standard applies a notice amending the approval of the alteration,

(a) to alter the conditions imposed under subsection (25);

(b) to alter the period referred to in subsection (28) so that it ends on an earlier date, if the Director is of the opinion that the person should be capable of complying with a more stringent standard by the earlier date; or

(i) the person is capable of complying with the more stringent standard, or

(ii) discharges of the contaminant that are permitted by the altered standard may cause an adverse effect.

(31.5) The Director shall not amend the approval of the alteration of a standard under subsection (31.4) unless the Director first gives the person to whom the alteration applies a draft of the amendment and an opportunity to make written submissions to the Director during the period that ends 90 days after the draft is given.

26. Section 34 of the Regulation is revoked and the following substituted:

Opacity

34. (1) No person shall cause or permit an emission into the air that, during a period of six consecutive minutes, obstructs the passage of light at any point by an average of more than 20 per cent.

(2) Subsection (1) does not apply to an emission from a source of combustion that uses fuel with high ash content, if,

(a) during the six-minute period referred to in subsection (1), the passage of light was not obstructed by an average of 40 per cent or more at any point;

(b) the six-minute period referred to in subsection (1) was part of a period of 30 consecutive minutes in which there were four periods of six consecutive minutes during which the person complied with subsection (1); and

(c) the four periods referred to in clause (b) did not overlap with each other and did not overlap with the six-minute period referred to in subsection (1).

(3) If a certificate of approval prohibits a person from causing or permitting an emission into the air that obstructs the passage of light at any point by a percentage that is less than 20 per cent, that prohibition applies instead of subsection (1).

(4) Subsection (1) does not apply to a person if,

(a) at the time of the emission, the person was using a device or equipment for the purpose of minimizing the opacity of emissions;

(b) the use of the device or equipment is required or authorized by a certificate of approval; and

(5) The Director may, on the request of a person, give the person a notice requiring the person to use a device or equipment specified in the notice for the purpose of minimizing the opacity of emissions if,

(a) the person has provided the Director with such information about the use of the device or equipment as the Director may require; and

(b) the Director is satisfied that use of the device or equipment in accordance with the notice will be at least as effective as subsection (1) in minimizing the opacity of emissions.

(6) A notice given under subsection (5) may require the person to whom it is given to comply with conditions specified in the notice by the Director.

(7) Before the Director gives a person a notice under subsection (5) that requires compliance with conditions specified under subsection (6), 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.

(8) Subsection (1) does not apply to a person who complies with a notice given under subsection (5).

(9) A person who contravenes subsection (1) shall notify a provincial officer in writing as soon as practicable after the contravention occurs of the contravention and of the source of the emission.

(10) If a person contravenes subsection (1) more than once in a 24-hour period, the person may, instead of complying with subsection (9), notify a provincial officer in writing as soon as practicable after the end of the 24-hour period of the number of contraventions that occurred during the period and of the source of the emission.

(11) If a person contravenes subsection (1), the Director may give the person written notice requiring the person to give notice to a provincial officer in writing and in accordance with the notice, at such regular intervals as may be specified by the Director and for such period of time as may be specified by the Director, of such information as may be specified by the Director.

(12) Before the Director gives a person a notice under subsection (11), 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.

(13) Subsections (9) and (10) do not apply to a person who is required to give notice at regular intervals pursuant to a notice given by the Director under subsection (11).

(14) Subsections (9) and (10) do not apply to the following contraventions of subsection (1), if the person who contravenes subsection (1) has implemented a plan to minimize the opacity of emissions during those contraventions:

1. A contravention that occurs when the operation of a source of emission is increased from an inoperative state to normal operating conditions.

2. A contravention that occurs when the operation of a source of emission is decreased from normal operating conditions to an inoperative state.

3. A contravention that occurs when the source of emission undergoes routine maintenance.

(15) A person who has a plan referred to in subsection (14) shall keep the most recent copy of the plan at the facility and, on the request of the Director or a provincial officer, shall immediately provide the Director or provincial officer with a copy of the plan.

(16) The Director may give a person who has a plan referred to in subsection (14) a notice requiring the person to revise the plan in accordance with the notice if the Director is of the opinion that the plan does not effectively minimize the opacity of emissions during contraventions referred to in that subsection.

(17) Before the Director gives a person a notice under subsection (16), 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.

27. The Regulation is amended by adding the following sections:

Compliance with notice

39.2 A person who is required to do something by a notice given by the Director under this Regulation shall comply with the requirement.

Form of submissions

39.3 A person who is required to submit anything to the Director under this Regulation shall submit it in a form approved by the Director, including, if required by the Director, an electronic format specified by the Director.

28. (1) Items 16 and 24 of Schedule 1 to the Regulation are revoked.

(2) Items 33 and 34 of Schedule 1 to the Regulation are revoked.

(3) Schedule 1 to the Regulation is amended by adding the following item:

49.1

142-82-5

Heptane, n-

33,000

(4) Item 52 of Schedule 1 to the Regulation is revoked and the following substituted:

52.

7783-06-4

Hydrogen Sulphide

(5) Item 71 of Schedule 1 to the Regulation is revoked.

(6) Item 81 of Schedule 1 to the Regulation is revoked and the following substituted:

81.

7664-38-2

Phosphoric Acid

100

(7) Item 88 of Schedule 1 to the Regulation is revoked.

29. (1) Schedule 2 to the Regulation is amended by adding the following item:

17.1

71-36-3

Butanol, n-

2,760

(2) Item 18 of Schedule 2 to the Regulation is revoked.

(3) Schedule 2 to the Regulation is amended by adding the following item:

18.

7440-43-9

Cadmium (and Cadmium Compounds)

0.075

(4) Item 26 of Schedule 2 to the Regulation is revoked.

(5) Schedule 2 to the Regulation is amended by adding the following items:

26.	10049-04-4	Chlorine Dioxide	6
26.1	75-00-3	Chloroethane	16,800

(6) Items 36 and 37 of Schedule 2 to the Regulation are revoked and the following substituted:

36.

75-34-3

Dichloroethane, 1,1-

495

(7) Schedule 2 to the Regulation is amended by adding the following item:

44.1

75-21-8

Ethylene Oxide

0.6

(8) Schedule 2 to the Regulation is amended by adding the following items:

55.1

142-82-5

Heptane, n-

33,000

. . . . .

56.1	110-54-3	Hexane, n- (part of a mixture)	7,500
56.2	110-54-3	Hexane, n- (n-Hexane and Hexane isomers only)	22,500

(9) Item 59 of Schedule 2 to the Regulation is revoked and the following substituted:

59.

7783-06-4

Hydrogen Sulphide

(10) Item 59 of Schedule 2 to the Regulation, as remade by subsection (9), is revoked and the following substituted:

59.

7783-06-4

Hydrogen Sulphide

(11) Schedule 2 to the Regulation is amended by adding the following item:

60.1

78-83-1

Isobutanol

13,800

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

63.

7439-92-1

Lead (and Lead Compounds)

1.5

(13) Item 67 of Schedule 2 to the Regulation is revoked and the following substituted:

67.

Mercaptans

(14) Schedule 2 to the Regulation is amended by adding the following item:

72.1

74-87-3

Methyl Chloride

960

(15) Items 82, 83 and 84 of Schedule 2 to the Regulation are revoked.

(16) Item 95 of Schedule 2 to the Regulation is revoked and the following substituted:

95.

7664-38-2

Phosphoric Acid

100

(17) Item 95 of Schedule 2 to the Regulation, as remade by subsection (16), is revoked and the following substituted:

95.

7664-38-2

Phosphoric Acid

(18) Schedule 2 to the Regulation is amended by adding the following item:

97.1

115-07-1

Propylene

12,000

(19) Item 103 of Schedule 2 to the Regulation is revoked.

(20) Schedule 2 to the Regulation is amended by adding the following items:

103.

7664-93-9

Sulphuric Acid

. . . . .

111.1	-	Total Reduced Sulphur (TRS) Compounds (facilities that are part of the class identified by NAICS code 3221 (Pulp, Paper and Paperboard Mills))	10
111.2	-	Total Reduced Sulphur (TRS) Compounds (other facilities)	10

. . . . .

113.1	526-73-8	Trimethylbenzene, 1,2,3- (individual isomer or Trimethylbenzene mixture)	660
113.2	95-63-6	Trimethylbenzene, 1,2,4- (individual isomer or Trimethylbenzene mixture)	660
113.3	108-67-8	Trimethylbenzene, 1,3,5- (individual isomer or Trimethylbenzene mixture)	660

30. (1) Schedule 3 to the Regulation is amended by adding the following item:

15.1

71-36-3

Butanol, n-

920

(2) Item 16 of Schedule 3 to the Regulation is revoked.

(3) Schedule 3 to the Regulation is amended by adding the following item:

16.

7440-43-9

Cadmium (and Cadmium Compounds)

0.025

(4) Item 24 of Schedule 3 to the Regulation is revoked.

(5) Schedule 3 to the Regulation is amended by adding the following items:

24.	10049-04-4	Chlorine Dioxide	-	2	-
24.1	75-00-3	Chloroethane	-	5,600	-

. . . . .

33.1

75-34-3

Dichloroethane, 1,1-

165

. . . . .

38.1

75-21-8

Ethylene Oxide

0.2

(6) Schedule 3 to the Regulation is amended by adding the following items:

48.1

142-82-5

Heptane, n-

11,000

. . . . .

49.1	110-54-3	Hexane, n- (part of a mixture)	-	2,500	-
49.2	110-54-3	Hexane, n- (n-Hexane and Hexane isomers only)	-	7,500	-

(7) Schedule 3 to the Regulation is amended by adding the following items:

51.1

7783-06-4

Hydrogen Sulphide

13; 10 minute

. . . . .

52.1

78-83-1

Isobutanol

4,600

(8) Item 55 of Schedule 3 to the Regulation is revoked and the following substituted:

55.

7439-92-1

Lead (and Lead Compounds)

0.5

0.2; 30 day

(9) Schedule 3 to the Regulation is amended by adding the following items:

58.1

Mercaptans

13; 10 minute

. . . . .

62.1

74-87-3

Methyl Chloride

320

(10) Items 69, 70, 71 and 82 of Schedule 3 to the Regulation are revoked.

(11) Schedule 3 to the Regulation is amended by adding the following items:

82.

7664-38-2

Phosphoric Acid

. . . . .

84.1

115-07-1

Propylene

4,000

(12) Item 89 of Schedule 3 to the Regulation is revoked.

(13) Schedule 3 to the Regulation is amended by adding the following items:

89.

7664-93-9

Sulphuric Acid

. . . . .

95.1	-	Total Reduced Sulphur (TRS) Compounds (facilities that are part of the class identified by NAICS code 3221 (Pulp, Paper and Paperboard Mills))	-	14	13; 10 minute
95.2	-	Total Reduced Sulphur (TRS) Compounds (other facilities)	-	7	13; 10 minute

. . . . .

97.1	526-73-8	Trimethylbenzene, 1,2,3- (individual isomer or Trimethylbenzene mixture)	-	220	-
97.2	95-63-6	Trimethylbenzene, 1,2,4- (individual isomer or Trimethylbenzene mixture)	-	220	-
97.3	108-67-8	Trimethylbenzene, 1,3, 5- (individual isomer or Trimethylbenzene mixture)	-	220	-

31. Item 8 of Schedule 4 to the Regulation is revoked.

32. (1) Schedule 6 to the Regulation is amended by adding the following items:

6.1	71-36-3	Butanol, n-	18,000	6,000 (24 hour)
6.2	7440-43-9	Cadmium (and Cadmium Compounds)	0.75	0.25 (24 hour)

. . . . .

8.1	10049-04-4	Chlorine Dioxide	60	20 (24 hour)
8.2	75-00-3	Chloroethane	75,000	25,000 (24 hour)

. . . . .

12.1

75-34-3

Dichloroethane, 1,1-

4,950

1,650 (24 hour)

. . . . .

15.1

75-21-8

Ethylene Oxide

20 (24 hour)

. . . . .

19.1	110-54-3	Hexane, n- (part of a mixture)	25,000	25,000 (24 hour)
19.2	110-54-3	Hexane, n- (n-Hexane and Hexane isomers only)	25,000	25,000 (24 hour)

. . . . .

21.1	7783-06-4	Hydrogen Sulphide	210	70 (24 hour)
21.2	78-83-1	Isobutanol	48,000	16,000 (24 hour)

. . . . .

22.1

7439-92-1

Lead (and Lead Compounds)

2 (24 hour)

. . . . .

23.1

74-87-3

Methyl Chloride

9,600

3,200 (24 hour)

(2) Items 28 and 29 of Schedule 6 to the Regulation are revoked.

(3) Schedule 6 to the Regulation is amended by adding the following items:

31.1

7664-38-2

Phosphoric Acid

210

70 (24 hour)

. . . . .

32.1

115-07-1

Propylene

120,000

40,000 (24 hour)

. . . . .

33.1

7664-93-9

Sulphuric Acid

15 (24 hour)

. . . . .

35.1	-	Total Reduced Sulphur (TRS) Compounds (facilities that are part of the class identified by NAICS code 3221 (Pulp, Paper and Paperboard Mills))	210	70 (24 hour)
35.2	-	Total Reduced Sulphur (TRS) Compounds (other facilities)	210	70 (24 hour)

. . . . .

36.1	526-73-8	Trimethylbenzene, 1,2,3- (individual isomer or Trimethylbenzene mixture)	6,600	2,200 (24 hour)
36.2	95-63-6	Trimethylbenzene, 1,2,4- (individual isomer or Trimethylbenzene mixture)	6,600	2,200 (24 hour)
36.3	108-67-8	Trimethylbenzene, 1,3,5- (individual isomer or Trimethylbenzene mixture)	6,600	2,200 (24 hour)

33. (1) Schedule 7 to the Regulation is amended by adding the following items:

5.1	71-36-3	Butanol, n-
5.2	7440-43-9	Cadmium (and Cadmium Compounds)

. . . . .

6.1	10049-04-4	Chlorine Dioxide
6.2	75-00-3	Chloroethane

. . . . .

8.1

75-34-3

Dichloroethane, 1,1-

. . . . .

10.1

75-21-8

Ethylene Oxide

. . . . .

14.1	110-54-3	Hexane, n- (part of a mixture)
14.2	110-54-3	Hexane, n- (n-Hexane and Hexane isomers only)

. . . . .

16.1	7783-06-4	Hydrogen Sulphide
16.2	78-83-1	Isobutanol

. . . . .

17.1	7439-92-1	Lead (and Lead Compounds)
17.2	-	Mercaptans

. . . . .

18.1

74-87-3

Methyl Chloride

(2) Items 23 and 24 of Schedule 7 to the Regulation are revoked.

(3) Schedule 7 to the Regulation is amended by adding the following items:

26.1

7664-38-2

Phosphoric Acid

. . . . .

27.1

115-07-1

Propylene

. . . . .

28.1

7664-93-9

Sulphuric Acid

. . . . .

30.1

Total Reduced Sulphur (TRS) Compounds

. . . . .

31.1	526-73-8	Trimethylbenzene, 1,2,3- (individual isomer or Trimethylbenzene mixture)
31.2	95-63-6	Trimethylbenzene, 1,2,4- (individual isomer or Trimethylbenzene mixture)
31.3	108-67-8	Trimethylbenzene, 1,3,5- (individual isomer or Trimethylbenzene mixture)

Commencement

34. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.

(2) Section 26 comes into force on April 1, 2008.

(3) Subsections 29 (12) and 30 (8) come into force on February 1, 2010.

(4) Subsections 28 (2), 29 (1), (3), (5), (6), (7), (10), (11), (13), (14), (17), (18) and (20) and 30 (1), (3), (5), (7), (9), (11) and (13) come into force on February 1, 2013.

O. Reg. 516/07: AIR POLLUTION - LOCAL AIR QUALITY

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