Posted: February 26,2007 

Summary of New Ontario Regulation 419
On November 30th, 2005, Ontario’s new air pollution regulation 419/05 came into effect. The regulation includes many significant changes, such as new standards, new dispersion models, on-site and up-to-date Emission Summary Dispersion Modelling reports (ESDMs), mandatory notification requirements, submission of abatement plans or applications for altered standards if standards are exceeded, and reporting of abnormal discharges. Most of the changes will be phased-in, with compliance deadlines determined by industrial sector.



Sector Phase In


There are three Phase in periods: February 1, 2010 (Schedule 4 Industries), February 1, 2013 (Schedule 5 Industries) and February 1, 2020. Eight sectors, including Foundries, Iron and Steel Mills, and Non-Ferrous Metal (except Aluminum) Melting and Refining are included in the first phase in period. For new facilities that are included in Schedule 4 or 5, the new standards and new models apply. For other industries, the current models and standards apply.


New Standards


The amendment includes new and revised standards for 31 substances, with compliance mandatory by 2010 unless an alteration of the standard is sought. The new standards are based on scientific assessment, and are in some cases much lower than the limits under the current regulation. The standard for hydrogen cyanide, for example, is dropping from 1,150 to 24 ug/m3. The MOE also has the authority to introduce new standards in the future, and has indicated that stringent standards for metals can be expected. The regulation also includes new standards for longer averaging times for substances with known chronic health effects such as lead.


New Dispersion Models


The Approved Dispersion Models replacing the current Regulation 346 model are the SCREEN3, ISCST, and AERMOD models. These new models are much more sophisticated than the Regulation 346 model, and provide a much more accurate estimate of the true impact of emissions. However, the time and effort needed to set-up and run the models is significantly greater. A guidance document to ensure consistent and proper use of the new models has also been released by the MOE.



Emission Summary Dispersion Modelling (ESDM) Reports


The requirement for facilities to prepare and maintain ESDM reports on-site has been written into the regulation, as well as comprehensive guidance material prepared by the MOE to accompany the new regulation. Facilities must submit an ESDM fulfilling the new content requirements for Certificate of Approval applications or in cases where an ESDM is requested by notice (STAC program). What is considered to be acceptable emission estimates has been more clearly defined and will result in a requirement to do more validated testing. The level of effort to prepare an ESDM has been increased.


Alteration of Standard


If a facility will be unable to meet new and existing standards using the required dispersion model by the phase-in period for their industry that facility may apply to have the standard altered for that specific site. This application must include an ESDM report, a technology benchmarking report, discussion of the frequency and location of exceedances, and a summary of the outcome of a public meeting on the issue. The MOE estimates that this process would cost the applicant $150,000 plus any costs for pollution abatement to meet the standards set out in the benchmarking report.



Notification Requirement


If approved models are used to assess emissions from a facility, with best estimates of emission rates, and non-compliance is found, there is a requirement to notify the MOE of the non-compliance and to submit an abatement plan within 30 days. If the estimates are above the Upper Risk Threshold, the requirement is to notify the MOE immediately and prepare and submit a detailed report within three months


Other Requirements of the Regulation



Facility emissions that would cause discomfort to persons, loss of enjoyment of normal use of property, interfere with normal conduct of business, or cause damage to property, are prohibited. Further, limits on the opacity of releases, mandatory notification of abnormal releases, limits on waste fuel burning, construction, and sandblasting, and constraints on incinerator operation have also been written into the regulation.



Significant Dates


November 30th, 2005 - Regulation took effect


February 1, 2007 to Oct 31, 2008 - Window to Apply for Alteration of Standard- Schedule 4 Industries


January 31st, 2010 - Deadline for Compliance with New Standards, Schedule 4 Industries Phase In


February 1, 2007 to October 31, 2008 - Window to Apply for Alteration of Standard- Schedule 5 Industries


January 31st, 2013 - Schedule 5 Industries Phase In


February 1, 2013 to October 31, 2017 - Window to Apply for Alteration of Standard – Remaining Industries


January 31, 2020 All Industries Phase In


Note: The above is a summary of key features of Regulation 419/05, for further details refer to the regulation or contact John Trought of Church & Trought at our website.
Article Reference:
http://www.churchandtrought.com