Harsco Canada Corp. operating as Harsco Metals Canada Corp. - Approval of a site-specific air standard

Proposal overview

We are proposing to extend the expiry date of the existing site-specific standard for suspended particulate matter 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 notice (Section 36 notice of O. Reg. 419/05) to extend the expiry date for the site-specific approval can be found in the supporting materials attached to this notice.

Background

Harsco Canada Corp. (Nanticoke) currently has a site-specific standard that the ministry approved on the date in the table below, and with the expiry date also listed in the table below:

Harsco operates as a joint property (under O. Reg. 419/05, section 4) which means that emissions of suspended particulate matter are considered in aggregate with emissions from Stelco Lake Erie Works.

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

The site-specific standard for suspended particulate matter exceeds the general air standards but is at a level within the target range for risk management under the Local Air Quality Regulation.

Extending the expiry dates of the site-specific standard will provide a compliance approach for this facility 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 a new site-specific standard.

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 closely 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 the 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 at the ministry website.

Subsection 36(1) of the Local Air Quality Regulation (O. Reg. 419/05) includes provisions for the director to issue a notice to alter 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.(see Decision on Harsco Nanticoke site-specific standard (suspended particulate matter) March 27, 2015.)