AIR POLLUTION - LOCAL AIR QUALITY, O. Reg. 516/07

• Jurisdiction: Ontario

ontario regulation 516/07

made under the

environmental protection act

Made: August 22, 2007
Filed: August 31, 2007
Published on e-Laws: September 4, 2007
Printed in The Ontario Gazette: September 15, 2007

Amending O. Reg. 419/05

(Air Pollution — Local Air Quality)

1. (1) Subsection 1 (1) of Ontario Regulation 419/05 is amended by adding the following definitions:

“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;

“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;

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

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

(2) Section 1 of the Regulation is amended by adding the following subsections:

(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 × C ÷ 48)

where,

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

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

C = the molecular weight of each mercaptan.

(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.

(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.

(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.

2. Subsection 4 (3) of the Regulation is amended by striking out “a notice under clause (2) (c)” and substituting “a notice under clause (2) (b), (b.1) or (c)”.

3. Section 6 of the Regulation is revoked and the following substituted:

Approved dispersion models

6. (1) For the purposes of this Part, the following are approved dispersion models for discharges of a contaminant, except as otherwise provided:

1. The AERMOD dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry.

2. The ASHRAE method of calculation.

3. The ISCPRIME dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry.

4. The SCREEN3 dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry.

5. The method of calculation required by the Appendix to Regulation 346, if section 18 or 19 applies to the discharges.

(2) The Ministry shall make copies of the approved dispersion models referred to in paragraphs 1, 3, 4 and 5 of subsection (1) available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre.

4. (1) Subsection 8 (2) of the Regulation is amended by striking out “consider a source of contaminant specified in the notice” in the portion before clause (a) and substituting “consider a source of contaminant specified in the notice in accordance with the notice”.

(2) Clause 8 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

5. Section 9 of the Regulation is revoked and the following substituted:

Same structure contamination

9. (1) The following approved dispersion models are the only approved dispersion models that may be used for the purposes of this Part with respect to the contaminant and a point of impingement that is located on the same structure as the source of contaminant:

1. The ASHRAE method of calculation.

2. A dispersion model or combination of dispersion models that, pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, if the notice given under subsection 7 (1) states that the Director is of the opinion that the dispersion model or combination of dispersion models would predict concentrations of the contaminant at least as accurately as the ASHRAE method of calculation.

3. The method of calculation required by the Appendix to Regulation 346, if section 18 or 19 applies to discharges of the contaminant.

(2) The ASHRAE method of calculation may be used for the purposes of this Part with respect to a contaminant only with respect to a point of impingement that is located on the same structure as the source of contaminant.

6. (1) Subsection 10 (1) of the Regulation is revoked and the following substituted:

Operating conditions

(1) An approved dispersion model that is used for the purposes of this Part shall be used in accordance with one of the following scenarios for each averaging period applicable to the relevant contaminant under section 18, 19 or 20, whichever is applicable:

1. A scenario that, for the relevant averaging period, assumes operating conditions for the facility that would result in the highest concentration of the contaminant at a point of impingement that the facility is capable of.

2. A scenario that, for the relevant averaging period, uses actual operating data for the facility for the occasion when the highest concentration of the contaminant at a point of impingement resulted during,

i. the year preceding the year in which the model is being used, or

ii. the year in which the model is being used, if the facility did not operate at any time during the year referred to in subparagraph i.

(2) Subsection 10 (2) of the Regulation is amended by striking out “the scenario described in paragraph 2 of subsection (1)” in the portion before clause (a) and substituting “the scenario described in paragraph 2 of subsection (1) and in accordance with the notice”.

(3) Clause 10 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

7. (1) Subsection 11 (1) of the Regulation is revoked and the following substituted:

Source of contaminant emission rates

(1) An approved dispersion model that is used for the purposes of this Part shall be used with an emission rate that is determined in one of the following ways for each source of contaminant and for each averaging period applicable to the relevant contaminant under section 18, 19 or 20, whichever is applicable:

1. The emission rate that, for the relevant averaging period, is at least as high as the maximum emission rate that the source of contaminant is reasonably capable of for the relevant contaminant.

2. The emission rate that, for the relevant averaging period, is derived from site-specific testing of the source of contaminant that meets all of the following criteria:

i. The testing must be conducted comprehensively across a full range of operating conditions.

ii. The testing must be conducted according to a plan approved by the Director as likely to provide an accurate reflection of emissions.

iii. The Director must be given written notice at least 15 days before the testing and representatives of the Ministry must be given an opportunity to witness the testing.

iv. The Director must approve the results of the testing as an accurate reflection of emissions.

3. The emission rate that, for the relevant averaging period, is derived from a combination of a method that complies with paragraph 1 or 2 and ambient monitoring, according to a plan approved by the Director as likely to provide an accurate reflection of emissions.

(2) Subsection 11 (2) of the Regulation is amended by striking out “in accordance with paragraph 2 or 3 of subsection (1)” in the portion before clause (a) and substituting “in accordance with paragraph 2 or 3 of subsection (1) and in accordance with the notice”.

(3) Clause 11 (2) (b) of the Regulation is amended by striking out “the relevant contaminant is not listed in any of Schedules 1, 2 and 3” at the beginning and substituting “sections 18, 19 and 20 do not apply to discharges of the relevant contaminant”.

8. (1) Section 12 of the Regulation is amended by adding the following subsection:

(1.1) Despite...