AIR POLLUTION - LOCAL AIR QUALITY, O. Reg. 419/05

• Jurisdiction: Ontario

Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 419/05

air pollution — local Air quality

Consolidation Period: From July 1, 2023 to the e-Laws currency date.

Last amendment: 90/22.

This Regulation is made in English only.

part i
interpretation and Application

Definitions

1. (1) In this Regulation,

“air pollution episode” means an occasion when air contamination is at such a level and for such a period of time that the air contamination may become the cause of increased human sickness and mortality;

“air pollution index” means a series of numbers expressing the relative levels of air pollution and taking into consideration one or more air contaminants;

“Appendix to Regulation 346” means the Appendix to Regulation 346 of the Revised Regulations of Ontario, 1990 (General — Air Pollution) made under the Act, as that regulation read immediately before it was revoked on November 30, 2005;

“ASHRAE method of calculation” means the method of calculation described in Chapter 44 (Building Air Intake and Exhaust Design) of the 2003 ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, as amended from time to time;

“CAS No.” means the numerical identifier assigned by Chemical Abstracts Service;

“dioxins, furans and dioxin-like PCBs” means the contaminants listed in Schedule 8;

“equipment” includes apparatus, device, mechanism or structure;

“equipment standard” means a technical standard that is identified in the Technical Standards publication as an equipment standard;

“emission rate” means a rate that expresses discharges of a contaminant in units of mass over time;

“fuel burning equipment” includes equipment designed to burn fuel but does not include an internal combustion engine;

“highway” means highway as defined in subsection 1 (1) of the Highway Traffic Act;

“industry standard” means a technical standard that is identified in the Technical Standards publication as an industry standard;

“mercaptan” means any organic compound that contains a thiol group;

“mineral spirits” means a petroleum distillate mixture of C7 to C12 alkanes (paraffins) and cycloalkanes (naphthenes) where the mixture is in the range from 5 to 20 per cent aromatics by weight, is less than 0.1 per cent benzene by weight, has a boiling point in the range from 130 to 220 degrees Celsius and has a flash point in the range from 21 to 60 degrees Celsius;

“NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time;

“reduced sulphur compound” includes dimethyl disulphide, dimethyl sulphide, hydrogen sulphide and mercaptans;

“technical standard” includes, with respect to the Technical Standards publication and a facility, any requirement set out in that publication relating to technology used at the facility, the operation of the facility, the monitoring and reporting of information relating to the facility, and any other related matter;

“Technical Standards publication” means the document entitled “Technical Standards to Manage Air Pollution” dated December 4, 2009, as amended from time to time, that is published by the Minister and that is available through a website maintained by the Ministry on the Internet and through the Ministry’s Public Information Centre;

“thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment;

“total reduced sulphur (TRS) compounds” means a mixture that includes at least one reduced sulphur compound;

“volumetric flow rate” means a rate that expresses discharges from a source of contaminant in units of volume over time. O. Reg. 419/05, s. 1 (1); O. Reg. 112/07, s. 1 (1, 2); O. Reg. 516/07, s. 1 (1); O. Reg. 507/09, s. 1 (1); O. Reg. 282/11, s. 1 (1).

(2) For the purposes of this Regulation,

(a) a fossil-fuel electric power generation facility with a maximum electrical power output capacity of less than 25 megawatts shall be deemed not to be part of the class identified by NAICS code 221112 (Fossil-Fuel Electric Power Generation);

(b) a mobile PCB destruction facility within the meaning of Regulation 352 of the Revised Regulations of Ontario, 1990 (Mobile PCB Destruction Facilities) made under the Act shall be deemed not to be part of the class identified by NAICS code 5622 (Waste Treatment and Disposal); and

(c) subject to clause (b), a facility shall be deemed not to be part of the class identified by NAICS code 5622 (Waste Treatment and Disposal) unless the facility,

(i) is a solid waste combustor or is used to subject solid waste to another method of thermal treatment, or

(ii) is used for hazardous waste treatment or disposal. O. Reg. 419/05, s. 1 (2); O. Reg. 112/07, s. 1 (3).

(2.0.1) For the purposes of this Regulation, an amount (or concentration) of a metal’s compounds is the sum of the amounts (or concentrations) of that metal in those compounds. O. Reg. 282/11, s. 1 (2).

(2.0.2) For the purposes of this Regulation, an amount (or concentration) of dioxins, furans and dioxin-like PCBs shall be calculated in accordance with the following rules:

1. For each contaminant listed in Schedule 8, calculate the Toxicity Equivalent (TEQ) by multiplying the amount (or concentration) of the contaminant by the Toxic Equivalency Factor set out opposite the contaminant in that Schedule.

2. The amount (or concentration) of dioxins, furans and dioxin-like PCBs is the sum of all the Toxicity Equivalents calculated under paragraph 1. O. Reg. 282/11, s. 1 (3).

(2.1) References in this Regulation to mercaptans are expressed as methyl mercaptan and, for the purposes of this Regulation, an amount (or concentration) of total mercaptans shall be calculated in accordance with the following formula:

A = ((B × 48) ÷ C)

where,

A = the amount (or concentration) of total mercaptans,

B = the amount (or concentration) of each mercaptan,

C = the molecular weight of each mercaptan. O. Reg. 516/07, s. 1 (2); O. Reg. 507/09, s. 1 (2).

(2.2) References in this Regulation to nitrogen oxides are expressed as nitrogen dioxide and, for the purposes of this Regulation, an amount (or concentration) of nitrogen oxides shall be calculated in accordance with the following formula:

A = (B × 1.53) + C

where,

A = the amount (or concentration) of nitrogen oxides,

B = the amount (or concentration) of nitric oxide,

C = the amount (or concentration) of nitrogen dioxide. O. Reg. 516/07, s. 1 (2).

(2.3) References in this Regulation to phosphoric acid are expressed as total phosphoric acid and, for the purposes of this Regulation, an amount (or concentration) of total phosphoric acid shall be calculated in accordance with the following formula:

A = B + (C × 1.40)

where,

A = the amount (or concentration) of total phosphoric acid,

B = the amount (or concentration) of phosphoric acid,

C = the amount (or concentration) of phosphoric pentoxide. O. Reg. 516/07, s. 1 (2).

(2.4) For the purposes of this Regulation, an amount (or concentration) of total reduced sulphur (TRS) compounds shall be calculated as the sum of the amounts (or concentrations) of the reduced sulphur compounds. O. Reg. 516/07, s. 1 (2).

(2.5) In this Regulation, a reference to the Director means,

(a) the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears; or

(b) if no Director described in clause (a) has been appointed, any Director appointed under section 5 of the Act in respect of section 18 of the Act. O. Reg. 109/18, s. 1.

(3) In the Appendix to Regulation 346,

“point of emission” has the same meaning as in Regulation 346 of the Revised Regulations of Ontario, 1990 (General — Air Pollution) made under the Act, as that regulation read immediately before it was revoked on November 30, 2005. O. Reg. 419/05, s. 1 (3).

Points of impingement

2. (1) A reference in this Regulation to a point of impingement with respect to the discharge of a contaminant does not include any point that is located on the same property as the source of contaminant. O. Reg. 419/05, s. 2 (1).

(2) Despite subsection (1), a reference in this Regulation to a point of impingement with respect to the discharge of a contaminant includes a point that is located on the same property as the source of contaminant, if that point is located on,

(a) a child care facility; or

(b) a structure, if the primary purpose of the property on which the structure is located, and of the structure, is to serve as,

(i) a health care facility,

(ii) a senior citizens’ residence or long-term care facility, or

(iii) an educational facility. O. Reg. 419/05, s. 2 (2).

Multiple discharges

3. (1) For the purposes of this Regulation, except section 46, two or more discharges of a contaminant from two or more different sources of contaminant shall be deemed to be a single discharge if the sources of contaminant are all located on the same property. O. Reg. 419/05, s. 3 (1); O. Reg. 282/11, s. 2.

(2) If two or more persons discharge or cause or permit two or more discharges of a contaminant and the discharges are deemed to be a single discharge under subsection (1), the single discharge shall be deemed, for the purposes of this Regulation, to be discharged jointly by those persons. O. Reg. 419/05, s. 3 (2).

Adjacent properties

4. (1) Two properties are adjacent for the purposes of this Regulation if the boundary of one property touches or, were it not for an intervening highway, road allowance, railway line, railway allowance or utility corridor, would touch the boundary of the other property. O. Reg. 419/05, s. 4 (1).

(2) For the purposes of this Regulation, except section 46, two or more properties on which different sources of contaminant are located shall be deemed to be a single property if each of the properties is adjacent to one or...