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O. Reg. 90/22: AIR POLLUTION - LOCAL AIR QUALITY

filed February 25, 2022 under Environmental Protection Act, R.S.O. 1990, c. E.19

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ontario regulation 90/22

made under the

Environmental Protection Act

Made: February 24, 2022
Filed: February 25, 2022
Published on e-Laws: February 25, 2022
Printed in The Ontario Gazette: March 12, 2022

Amending O. Reg. 419/05

(AIR POLLUTION - LOCAL AIR QUALITY)

1. Section 5 of Ontario Regulation 419/05 is amended by adding the following subsections:

(3) Part II of this Regulation, except for sections 24, 24.1, 27.1 and subsection 30 (3), does not apply to discharges of sulphur dioxide from a petroleum facility, as defined in subsection 1 (1) of Ontario Regulation 88/22 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities) made under the Act.

(4) Despite subsections (2) and (3), Part II of this Regulation applies for the purposes of,

(a)  the determination of whether the Director may give a person a notice under section 24 or 27.1 or an order under section 24.1; and

(b)  the preparation of a report required by a notice under section 24 or 27.1 or an order under section 24.1.

(5) Despite subsections (3), Part II of this Regulation applies for the purposes of the determination of whether a person is required to notify the Director under subsection 30 (3) in respect of an exceedance mentioned in subsection 30 (1) (b).

2. Section 26 of the Regulation is amended by adding the following subsection:

(2.1) If a person is required to prepare a report in accordance with this section with respect to sulphur dioxide that is discharged from two or more properties that are deemed to be a single property under subsection 4 (2) and a facility mentioned in subsection 5 (3) is on one of the properties, the person may prepare a separate report in accordance with this section with respect to sulphur dioxide and may exclude the discharges of sulphur dioxide from the property of the facility mentioned in subsection 5 (3).

Commencement

3. This Regulation comes into force on July 1, 2023.