Toggle Navigation

Environment • Aboriginal • Energy


August 21, 2012

Ontario's New Air Emissions Regulation Posted Tougher Air Emissions Regime Coming

A completely overhauled Regulation 346 and updated air emissions regulation regime is coming to Ontario. After a year of intensive stakeholder consultation, the MOE has posted its proposed new Regulation 346 for comment until June 4, 2005. The new Regulation will likely be promulgated to take effect on November 30. 2005, and will be phased-in over 15 years.

The new regualtory regime will "introduce effects-based air standards with variable averaging times, new air dispersion models, and the adoption of a risk-based process for alternative standards to address implementation issues related to new standards and/or new models." Phase-in of the new regime will begin this year, and will immediately affect air approvals for some "greenfield" facilities.

Download the EBR posting and the new Draft Regulation 346.

A risk-based alternate approval process will be available to acilities that will not be able to bring existing operations into compliance in time. Beginning in 2010, existing facilities in designated sectors will have to demonstrate compliance using the new US EPA dispersion models, monitoring results or a combination. Mandatory anuual ESDM equirements will also apply.


The first sectors affected are:

In 2013 existing facilities in the following sectors will be phased in:

Metal Ore Mining

Pulp, Paper and Paperboard Mills

Fossil Fuel Electric Power Generation

Other Petroleum and Coal Products Manufacturing

Petroleum Refineries

Chemical Manufacturing

Basic Chemical


Urethane and Other Foam Product (except Polystyrene) Manufacturing

Resin, Synthetic Rubber and Artificial and Synthetic Fibres and Filaments Manufacturing

Other Non-Metallic Mineral Product Manufacturing

Iron and Steel Mills and Ferro-Alloy Manufacturing

Fabricated Metal Manufacturing

Non-Ferrous Metal (except Aluminum) Smelting and Refining

Transportation Equipment Manufacturing


Waste Treatment and Disposal.

All other facilities will have to comply with the new regime as of 2020 (except for annual ESDM requirements).