This issue of the Air Quality News Bulletin (AQNB) includes an assessment of possible consequences or action-points for your company. Circumstances differ from one facility to another. So when in doubt, seek specific advice. Contact Dr. Franco Di-Giovanni (ext. 168 or ) to discuss your circumstances.
More detailed explanations, deadline reminders and description of other issues will be issued periodically.
Provincial Issues
Provincial Auditors Target Electro/Metal Platers
During the first half of 2001 the Environmental SWAT Team carried out 70 unannounced audits of electro\metal platers as part of an industry sweep for compliance. The Environmental SWAT Team was created in September 2000 and made a permanent unit within the Ministry of the Environment (MOE) in May 2001. The SWAT Team is a unit of special environmental enforcement officers. Earmarking the metal/electro platers is the first instance of the SWAT Team conducting a sector-specific audit; other industry sectors will be audited in the future. Of the 70 companies inspected, nearly 75% were non-compliant, with air emissions and lack of Certificates of Approval Air (CofAs) was among the most common problem.
Possible actions for your company: Check whether your company has CofAs for all air emission sources and if existing CofAs are up-to-date; changes in production processes, ingredients used or production increases, since CofAs were last obtained, may trigger the requirement for an amended CofA.
Proposed Protocols for Updating Certificates of Approval (Air)
The MOE proposes to issue a clear protocol for updating CofAs. The protocol does not introduce new requirements to the process but rather brings together, for the first time, all the required procedures for updating CofAs, that may be required due to process changes, new equipment or increases in production levels. Also, the MOE explicitly indicates a preference for “Consolidated” and “Comprehensive” CofAs. Consolidated CofAs are those covering emissions from the entire facility for a particular substance. Comprehensive CofAs are those covering emissions from entire facilities for all substances emitted and with built-in flexibility for future production changes.
Possible actions for your company: Check whether there is a requirement to apply for, or update, CofAs for your company. Updates or new CofAs may trigger the requirement for Consolidated CofAs; if your production processes change frequently you should consider Comprehensive CofAs.
Comprehensive Certificates of Approval
The Ministry of the Environment has recently issued guidelines for Comprehensive Certificates of Approval Air (CofAs). These cover emissions from entire facilities for all substances emitted and have built-in flexibility for future production changes. Permitted modifications include process changes, de-bottlenecking or the addition of new equipment that would normally require a new or amended CofA. Such anticipated modifications are to be described in the application for a Comprehensive CofA. Companies applying for Comprehensive CofA are expected to;
- continuously update their Emission Summary and Dispersal Modelling (ESDM) report,
- maintain a log of modifications,
- make a copy of the ESDM report available to the public,
- provide an annual summary to the Ministry, and where necessary develop operating and maintenance procedures and
- keep up-to-date with Ministry air quality standards.
Possible actions for your company: If your production processes change frequently you may wish to consider Comprehensive CofAs.
Ontario’s Co-operative Agreements
The MOE is proposing to launch a series of cooperative agreements with industry associations and particular companies to assist in reducing emissions of high priority contaminants. Participants must have in-place an EMS, conduct a complete inventory of environmental emissions, be in-compliance with all environmental laws and, most significantly, agree to emission reduction programs for pre-defined priority contaminants (e.g., PM, VOCs, Mercury, etc.). In return, the facility, or companies involved in the industry association, receive preferential treatment such as technical assistance, comprehensive CofAs (see above), guaranteed turn-around times on approval applications, greater involvement in Ministry decision-making and public acknowledgement by the MOE.
Possible actions for your company: consider such agreements as part of your EMS or encourage your industry association to pursue agreements.
Toughest Environmental Penalties Act Receives Royal Assent
This Act has received Royal Assent. The purpose of this law is to increase maximum penalties for corporations and individuals. The new penalty structure is as follows:
- increases in the maximum fines for corporations from $1,000,000 to $6,000,000 per day on a first conviction and from $2,000,000 to $10,000,000 per day on subsequent convictions;
- increases in the maximum fines for individuals from $100,000 to $4,000,000 per day on a first conviction and from $200,000 to $6,000,000 per day on subsequent convictions; and
- increases in the maximum period of imprisonment for individuals from two to five years less a day .
Proposals for this Act amendment were first reported in the January 2001 AQNB.
Proposed Changes to Ontario’s Air Quality Index
The Air Quality Index (AQI) provides an index to the public on the quality of air. It combines readings for airborne substances including carbon monoxide (CO), suspended particles (SP), total reduced sulphur compounds (TRS), nitrogen dioxide (NO2), ozone (O3) and sulphur dioxide (SO2). The MOE proposes replacing the suspended particle (SP) sub-index with a fine particulate matter (PM2.5) sub-index in mid August, 2002 reflecting the growing scientific consensus that fine particle concentrations are more directly connected to human health issues rather than SP.
Possible actions for your company: With the inclusion of PM2.5 you may wish to check your CofAs to see if PM2.5 emissions from your facility are included in the emission inventory and the CofA.
The MOE’s STAC program
The STAC (Selected Targets for Air Compliance) program is an air emission compliance audit program that targets “big polluters” or facilities with a history of air quality complaints. After pilot initiatives, the program began in earnest in 1999-2000. The program operates as follows; Ontario is divided into 15 MOE districts and within each the District Office typically identifies 2-3 companies to earmark for a STAC audit. Companies selected are notified and asked to provide a report verifying their compliance with air emissions regulations, and are usually given a deadline of three months to complete the report.
On The Federal Front – News On Federal Air Quality Issues
New NPRI Reporting Requirements Likely in 2003
Companies Canada-wide are required to report annual emissions to the environment via air water and solid waste to the Federal government on June 1st of the following year under the National Pollutant Release Inventory (NPRI) program. Reporting requirements depend on the size of the company and whether the substances utilized correspond to those on the NPRI list. Annual reviews are conducted to assess substances as well as thresholds above which they need to be reported. Probable substance additions for the 2002 reporting year (to be reported on June 1st 2003) include the criteria air contaminates (SO2, NOx, CO and VOCs, SP, PM10, and PM2.5), including stack information for emissions, lowering thresholds for certain metals (hexavalent chromium, lead, cadmium and arsenic) and including combustion equipment. Such changes will likely result in many more facilities and companies that need to report across Canada than at present. It is also likely, however, that increased harmonization with Provincial emissions reporting requirements will occur, at least in Ontario.
Possible actions for your company: Continued maintenance of site-wide emission inventories, which are part of the Ontario Certificate of Approval process (and also for similar permits in other jurisdictions), will greatly assist in preparing information for the upcoming NPRI reporting requirements.