Amendments to Ontario Regulation 419/05

Newsletter ID: Bulletin, 2009.
Services: Environmental Air & Noise

Amendments to Ontario Regulation 419/05 (O.Reg.419/05):
Air Pollution – Local Air Quality

On June 10 th of this year, the Ontario Ministry of Environment (MOE) posted three (3) notices on the Environmental Bill of Rights (EBR) – Environmental Registry (ER) regarding a proposal to amend O.Reg.419/05, which is the regulation covering Certificates of Approval (Air) in Ontario.

The proposed amendment will give the Minster the authority to establish sector-specific technical standards.

If approved, these standards will allow a facility the option to operate in compliance with stringent technical and operational requirements, instead of showing compliance with specific contaminant limits in the regulation. If the proposed amendments are approved, and a facility is within a targeted sector, namely Foundry and Forest Products sectors, the facility will now have three options for compliance:

• meet the standards by the appropriate phase-in date
  
• request a site-specific alternative standard; or proposed option
  
• register under the proposed technical standard and comply with the specified technical and operational requirements

New Air Standards for Certain Compounds

Additionally, on July 31, 2009, the MOE posted ten (10) Notices on the EBR – ER regarding a proposal to amend O.Reg. 419/05 to include new air standards for the following compounds:

• Acrolein
  
• Benzene
  
• 1,3-Butadiene
  
• Hexavalent Chromium
  
• Chromium
  
• Divalent and Trivalent Chromium Compounds
  
• Dioxans
  
• Furans
  
• Dioxin-like PCBs
  
• Manganese and its Compounds
  
• Nickel and its Compounds
  
• Polycyclic Aromatic Hydrocarbons
  
• Uranium and its Compounds

Some of these compounds previously had no standard, some of the proposed standards are more stringent than the existing limits, and others are less stringent.

This e-broadcast is being sent strictly for informational purposes, there are no critical deadlines at this time; all of these EBR postings are still in comment periods.  Within the next few months, once the amendments have been finalized, we will contact impacted facilities within our existing CofA Client database to discuss compliance issues resulting from these changes.

EBR Links

More information on these and other regulatory changes and initiatives will be posted on our website shortly.  In the meantime, for more information or to comment on the proposed amendments, please visit the following EBR links.

• EBR#010-6587, titled “Proposed Amendments to Ontario Regulation 419/05 Air Pollution: Local  Air Quality" including a Sector-Based Approach for Improving Air Pollution”.  This is a general overview of the proposed sector-based approach and includes descriptions of other proposed amendments meant to clarify the regulatory requirements.
  
  
• EBR#010-6588, titled “Proposed Sector-Based Approach to Managing Air Pollution in the Foundry Sector Under O.Regulation 419/05”.  This is the proposed technical standard for the Foundry Sector.
  
  
• EBR#010-6589, titled “Proposed Sector-Based Approach to Managing Air Pollution in the Forest Products Sector Under O.Regulation 419/05”.  This is the proposed technical standards for the Forest Products Sector (which includes wood products, pulp and paper and sawmills).
  
  
• EBR # 010-7190, titled “Proposal to Amend Ontario Regulation 419/05: Air Pollution-Local Air Quality, made under the Environmental Protection Act, to include Ontario Air Standards for Nine (9) Contaminants”.  This Notice is linked to a document entitled “Proposed Amendments to Ontario Regulation 419/05: Air Pollution – Local Air Quality to Include Air Standards for Nine Contaminants”, which summarizes the proposed amendments that could result once final decisions on the proposed nine (9) contaminants have been made.
  
  
• EBR # 010-6241, a proposal to amend O. Reg. 419/05 to include an air standard for
  Acrolein.  Linked to this Notice is the related Rationale Document.
  
  
• EBR # 010-7186, a proposal to amend O. Reg. 419/05 to include an air standard for
  Benzene.  Linked to this Notice is the related Rationale Document.
  
  
• EBR # 010-6214, a proposal to amend O. Reg. 419/05 to include an air standard for
  1,3-Butadiene.  Linked to this Notice is the related Rationale Document.
  
  
• EBR # 010-6353, a proposal to amend O. Reg. 419/05 to include an air standard for
  Hexavalent Chromium, Chromium and Chromium Compounds Divalent and Trivalent.  Linked to this Notice is the related Rationale Document.
  
  
• EBR # 010-7193, a proposal to amend O. Reg. 419/05 to include an air standard for
  Dioxins, Furans, and Dioxin-Like PCBs. Linked to this Notice is the related Rationale Document.
  
  
• EBR # 010-6253, a proposal to amend O. Reg. 419/05 to include an air standard for
  Manganese and Manganese Compounds. Linked to this Notice is the related Rationale Document 
  
  
• EBR # 010-7188, a proposal to amend O. Reg. 419/05 to include an air standard for
  Nickel and Nickel Compounds.  Linked to this Notice is the related Rationale Document.
  
• EBR # 010-6213, a proposal to amend O. Reg. 419/05 to include an air standard for
  Polycyclic Aromatic Hydrocarbons.  Linked to this Notice is the related Rationale Document.
  
• EBR # 010-7192, a proposal to amend O. Reg. 419/05 to include an air standard for
  Uranium and Uranium Compounds.  Linked to this Notice is the related Rationale Document.