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 Manufacturing | 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 |
Foundaries | Waste Treatment and Disposal. |
All other facilities will have to comply with the new regime as of 2020 (except for annual ESDM requirements).