Proposal on air quality standards for 29 substances
The Ontario Ministry of the Environment (MOE) has announced new or updated standards for 29 pollutants including: Acetone, Acetonitrile, Acrolein, Arsenic and compounds, Cadmium and compounds, Chromium VI and III compounds, Cyclohexane, Di(2-ethylhexyl)phthalate (DEHP), Di-n-octylphthalate (DNOP), Hexamethylene diisocyanate (HDI) monomer, HDI biuret (HDI-BT), HDI isocyanurate (HDI-IC), HDI-BT and HDI-IC mixture, Hexane, Hydrogen cyanide, Hydrogen fluoride, Isopropanol, Methane diphenyl diisocyanurate (MDI) monomer, Polymeric MDI, Methylene chloride, Methyl isocyanate, Nickel and compounds, Phenol, Tetrachloethylene (PERC), Trichloroethylene (TCE), Vinyl chloride, Xylenes, 2,4?Toluene diisocyanate, and, 2,4 and 2,6-Toluene diisocyanate (mixed isomers). ? Comment periods are 120 days (except 90 for hexane).
Varying proposals are listed for each substance. ? For example, the proposal for chromium merely lists studies upon which the MOE may base its updated standard whereas the proposal for hexane and xylenes contains proposed standards (the hexane standard is posted as a decision? meaning that it has proceeded through the first round of consultation).
Proposed Action: If you use any of these substances these changes may apply to you. ? The individual proposals, on the Environmental Bill of Rights Registry (commonly known as the EBR?), should be examined to determine impacts to your organization.
Update Ontario s Regulatory Framework for Local Air Quality
In a major announcement Minister Dombrowsky announced proposed changes to Regulation 346, the regulation governing local air quality in Ontario and the application for air emission permits (Certificates of Approval, or CofAs). ? These changes are required to allow the following: 1) a 3-year phase-in period for the new regulatory impact (dispersion) models, 2) a direct linkage to the US regulatory system allowing Ontario regulatory models to be updated as US ones are, 3) allowing for new air concentration averaging times for pollutant effects-based standards, 4) allow for a risk-based? phase-in of these changes at facilities that have difficulties meeting the new regulations, 5) allow interim standards to be imposed where facilities encounter difficulties in meeting new standards, 6) require revised emission estimations based upon the new air quality standard averaging times, and, 7) allowing for continuous maintenance of the Emission Summary and Dispersion Modelling (ESDM) report, a major component of the CofA application, that can be audited at any time by the MOE.
Proposed Action: These changes (and others listed in this newsletter) essentially mean that, if adopted, all holders of CofAs may have to re-evaluate their compliance. ? Please consider this for your own facility or refer this to your industry organization
Guideline for the Implementation of Air Standards in Ontario (GIASO)
The MOE proposes to use a risk-based implementation period for facilities that find it difficult (technologically, economically or logistically) to meet new regulations either because of the new air quality standards, changes due to the new models or both. ? The new proposals follow a pilot project with a number of guinea-pig? facilities.
Essentially this separates the scientific decisions, required to set effects-based standards, from other issues and makes transparent to all stakeholders the risks and benefits of not meeting the new regulations immediately. ? This Airzone One Ltd. views as a very positive step forward by the Ministry.
The following elements are required: 1) facilities have demonstrated that they are doing the best they can reasonably do to reduce their emissions; 2) public are aware of the compliance issue and the associated potential health and/or environmental risks; 3) the local community understands the options that were considered including the nature of the technical and/or economic challenges reviewed; 4) the facility will be expected to develop and implement an action plan that represents improvement of emissions over time; 5) the action plan will be revisited in a set period of time in order to ensure continual improvement and a re-evaluation of technical and economic considerations which evolve over time, and; 6) an expectation that if the amount above the standard exceeds a prescribed risk threshold, then some minimum level of risk reduction must be implemented in order for that facility to continue operation at its current production level.
Proposed Action: It should be understood that entry into this process involves divulging data (including some economic data) to various parties. ? However, this option may be unavoidable for your facility. ? Your facility or industry organization may want input into the proposal.
Air Dispersion Modelling Guideline for Ontario (ADMGO)
As reported in previous bulletins, the MOE is proposing to adopt the US regulatory dispersion models, particularly AERMOD-PRIME and its screening version, for use in place of the present Reg. 346 dispersion model. ? These new models will allow for a more accurate assessment of off-site impacts of emissions from an industrial facility.
These new models will be able to predict concentrations over more appropriate averaging times ranging from 1 hr to 24 hrs and up. ? These can then be compared against appropriate effects-based air standards that may have varying averaging times.
On the Federal Front ? News from Environment Canada
Some Changes to NPRI-Reportable Substances for 2003 Reporting Year
Notice published in the January 4, 2003 Canada Gazette indicates that new substances included in the list for emission reporting include carbonyl sulphide, phosphorous (total), nonylphenol and its ethoxylates as a group (textile, pulp and paper, municipal waste water treatment), octylphenol and its ethoxylates as a group and selected (60 speciated) VOCs with additional reporting requirements.
Proposed Action: Reporting for NPRI is becoming more complex. ? Start planning now for 2003 reporting required by June 1st.
Environmental Emergency (E2) Planning
New Environmental Emergency (E2) regulations published in September, 2003 by the Federal government require that all facilities that store or use one of the 174 toxic substances listed above threshold values must notify Environment Canada within 90 days (by Nov. 18, 2003). ? For a list of chemicals see http://cepae2.ec.gc.ca. ? Should you store, or just have the capacity to store, these chemicals above threshold values then these regulations apply.
E2 plans require plans for prevention, preparedness, response and recovery from accidental releases. ? Plans require recognition of hazards, risk assessment of hazards, identification of potential consequences and development of plans to deal with consequences. ? Such planning may require liaison with outside agencies and communication, and involvement with, stakeholders including local communities.
Proposed Action: If this regulation applies to you then your facility must implement an E2 plan. ? The E2 plan s existence will be posted (CEPA web-site) to allow public access to information on facilities within their area.
Limiting VOC content of Paints
The Federal government is assessing possible regulation of the VOC content of paints for architectural coatings and industrial maintenance as part of the Federal agenda to reduce the VOC content of consumer and commercial products. ? Release of VOCs into the atmosphere are precursors to smog and ground-level ozone.
The Federal government has an MOU with the Canadian Paints and Coating Association (CPCA) to monitor VOC content. ? The Canadian Council for the Ministers of the Environment (CCME) has issued standards and guidelines for reduction of VOCs for industrial coatings including traffic markings.
Proposed Action: Coatings manufacturers and users should communicate with the CPCA to keep abreast of developments and the CCME standards (that will apply after Jan 2005).
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