Stelco Inc. - Approval of a site-specific air standard

Proposal overview

We are proposing to extend the expiry dates of the existing site-specific standards for suspended particulate matter, and benzene to June 30, 2023.

As committed in the Made-in-Ontario Environment Plan, we are working to ensure cleaner air for the people of Ontario by regulating air contaminants released into communities by certain industrial and commercial facilities.

The proposed notices (Section 36 notices of O. Reg. 419/05) to extend the expiry dates for the site-specific approvals can be found in the supporting materials attached to this notice.

Background

Stelco Inc. Lake Erie Works currently has site-specific standards that the ministry originally approved on the dates in the table below, and with expiry dates also listed in the table below:

The site-specific standard values represent the maximum modelled contaminant concentrations that may result from a facility’s emissions off-property.

The site-specific standards for suspended particulate matter, and benzene all exceed the general air standards but are at levels within the target range for risk management under the Local Air Quality Regulation.

Benzene is a key contaminant of interest as it is a known carcinogen. The Stelco Lake Erie Works site-specific standard for benzene is 14.2 times the ministry’s benzene air standard, representing an increased cancer risk of 14.2 in a million (0.00142% increased chance of cancer), if someone were continuously exposed to the maximum modelled off-site concentration over a lifetime. Although this is above the “negligible” risk range, it is within the target range for risk management under the regulation. The facility is expected to continue its efforts to reduce benzene emissions to as low as reasonably achievable.

The facility also has a site-specific standard for benzo[a]pyrene of 0.025 micrograms per cubic metre (annual average) that was issued May 18, 2016 and is currently set to expire in June 2021. The next steps for regulating benzo[a]pyrene from this facility will be the subject of a future ERO proposal notice for public consultation.

The company action plans to meet their site-specific standards, implemented since 2015, introduced maximum door leak requirements on the coke ovens and leak detection and repair programs. These requirements are supported by the ministry’s own inspection/audit program for this facility.

The company is required to match similar requirements for competing U.S. integrated iron and steel facilities of similar age.

The site-specific standards for benzo[a]pyrene and benzene for this facility have been reduced over time with the aim of improving environmental performance and reducing health risk associated with facility emissions. The benzene site-specific standard for Stelco Lake Erie Works was lowered by 10 percent of the 2019 benzene site-specific standard value, effective January 1, 2020. This proposal would extend the January 1, 2020 site-specific standard for benzene of 6.4 µg/m³ until June 30, 2023.

Extending the expiry dates of the site-specific standards will provide a compliance approach for these facilities while we develop and consult on a proposed technical standard for the integrated iron and steel sector. If the technical standard is published, extending the expiry dates with also provide time for a company to register under that technical standard for these contaminants, or to apply for new site-specific standards.

Regulating air contaminants in Ontario

In Ontario, we regulate air contaminants to protect communities that reside close to industrial sites, which has resulted in significant improvements in air emissions.

Ontario's Local Air Quality Regulation (O. Reg. 419/05: Air Pollution - Local Air Quality) works within the province's air management framework to address contaminants released by various sources, including industrial and commercial facilities.

Air standards

Our approach to improving local air quality starts with setting science-based standards to protect human health and the environment. The air standards are used to:

• assess the performance of regulated facilities
• identify those that need to do more to reduce their emissions

Facilities that need to do more to reduce their emissions may request a site-specific standard or a technical standard to comply with the regulation.

Site-specific standards

Site-specific standards are developed with full public transparency through public meetings and consultations. They include technology benchmarking to determine what is feasible for a company to achieve to control emission of a contaminant over a set period (i.e., at least five years but not more than ten years). The regulation allows the director to issue a notice to the company that has a site-specific standard approval to extend the expiry date, if the new expiry date is within 10 years of the approval date of the original site-specific standard.

Compliance with a site-specific standard, just like a general air standard, must be demonstrated by using air dispersion modelling.

The ministry oversees the companies’ progress to ensure that the desired results are achieved.

Other information

Subsection 35(1) of the Local Air Quality Regulation (O. Reg. 419/05) includes provisions for approving site-specific standards and rules for making such requests. A site-specific standard may be approved for a period of five to ten years. If a facility receives approval for the site-specific standard and continues to meet these requirements, then the facility is operating in compliance with O. Reg. 419/05. The site-specific standard becomes the legally enforceable standard for that facility for the time period of the approval. A facility may also request a subsequent site-specific standard. You can find more information about O. Reg. 419/05 and the site-specific standard process can be accessed at the ministry website.

Subsection 36(1) of the Local Air Quality Regulation (O. Reg. 419/05) allows the director to issue a notice to change the period of an existing site-specific standard approval so that it ends on a later date that is not more than 10 years after the date the period began.

Other public consultation opportunities

An extensive public consultation program was conducted at the time of the original site-specific standard applications in 2014 and 2015.(seeDecision on U.S. Steel Lake Erie Works site-specific standard (suspended particulate matter) March 27, 2015 andDecision on U.S. Steel Lake Erie Works site-specific standards (benzo[a]pyrene, benzene,) May 18, 2016.)