This consultation was open from:
August 22, 2022
to October 6, 2022
Decision summary
We issued an amended Environmental Compliance Approval with Limited Operational Flexibility (air & noise) to Welded Tube of Canada Corp. to renew Limited Operational Flexibility conditions granted in Environmental Compliance Approval No. 4211-8HDK99, issued October 19, 2011. The facility is located at 191 Ridge Road in Welland, Ontario.
Location details
Site address
191 Ridge Road
Welland,
ON
L3B 5N7
Canada
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Welded Tube of Canada Corp.
111 Rayette Road
Concord,
ON
L4K2E9
Canada
Decision details
We issued an amended Environmental Compliance Approval with Limited Operational Flexibility (air & noise) to Welded Tube of Canada Corp. for the operation of their facility, located at 191 Ridge Road, Welland, Ontario, that treats (metal hardening) and finishes multi-faceted cold formed carbon and tubular steel products.
Welded Tube of Canada Corp. was issued Environmental No. A-500-1177424638 on November 18, 2022.
The emission sources from the manufacturing and associated processes that exhaust to the atmosphere include:
- furnaces (austenitizing and tempering)
- paint and coating spraying
- misting and cooling
- cooling towers
- diesel storage
The emissions to the air from this facility include:
- nitrogen oxides
- particulate matter
- chromium (metallic)
- cobalt
- manganese, and
- nickel
The Environmental Compliance Approval with Limited Operational Flexibility (air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).
The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.
Effects of consultation
Various comments received from the public stated concerns for the:
- air, noise and light emissions from,
- designated municipal land use for,
- municipal policy and practices related to,
- occupational health and safety matters at, and
- insufficient information in the ERO proposal notice for the application related to,
the Welded Tube of Canada Corp. ("WTCC") facility located at 191 Ridge Road in Welland, Ontario.
Ministry response:
All air emissions in the supporting Emission Summary and Dispersion Modelling Report, prepared by BluMetric Environmental Inc., and submitted in support of the WTCC application have been reviewed and found to be compliant with the Ministry's Ontario Regulation 419/05: Air Pollution - Local Air Quality ("O. Reg. 419/05"), and all other applicable policy and guidelines.
All noise emission sources in the supporting Acoustic Assessment Report, prepared by Howe Gastmeier Chapnick Limited, and submitted in support of the WTCC application have been reviewed and found to be compliant with the Ministry’s Publication NPC-300, Environmental Noise Guideline, Stationary and Transportation Sources – Approval and Planning (“NPC-300”) upon the implementation of a noise abatement action plan consisting of administrative controls, noise barriers and custom infeed and outfeed conveyors to reduce impulsive noise, all installed within seven years of the issuance of the approval.
Other public concerns regarding the:
- light emissions from,
- designated municipal land use for,
- municipal policy and practices related to, and
- occupational health and safety matters at,
The WTCC (Welland) facility are outside the jurisdiction of the Environmental Protection Act and O. Reg. 419/05, and are not related to the issuance of this approval for air and noise emissions from the subject facility.
Regarding the public concern that insufficient information was provided in the proposal notice:
- The proposal notice posted to the Environmental Registry stated that the applicant is requesting renewal of their Limited Operational Flexibility (LOF) conditions previously granted in their Environmental Compliance Approval No. 4211-8HDK99. The information in the proposal notice posted on the Environmental Registry follows our standard wording for applications from proponents seeking to apply for an approval with LOF, or to renew their LOF conditions granted in their previous approval.
- On a related issue, during the review of the application, a request was received from a member of the public to view the information submitted in the application. WTCC provided redacted versions of the submitted information and were subsequently provided by the Ministry to the requester. In providing the redacted information to the requester, the Ministry’s response also advised the requester that if the provided information is not to their satisfaction that they may wish to consider submitting a Freedom of Information (FOI) request to the Ministry. Contact information for the Freedom of Information and Privacy Office was also provided in the response to the requester. To date, the Ministry has not received a request through FOI for the information submitted in the application.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from November 23, 2022 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
Welded Tube of Canada Corp.
111 Rayette Road
Concord,
ON
L4K2E9
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for the renewal of the Limited Operational Flexibility for an Environmental Compliance Approval (air & noise) No. 4211-8HDK99 for Welded Tube of Canada Corp., a metal hardening and finishing plant facility located in the City of Welland, Ontario.
The emission sources from the manufacturing and associated processes that exhaust to the atmosphere include:
- furnaces (austenitizing and tempering)
- paint and coating spraying
- misting and cooling
- cooling towers
- diesel storage
The emissions to the air from this facility include:
- nitrogen oxides
- particulate matter
- chromium (metallic)
- cobalt
- manganese, and
- nickel
The Environmental Compliance Approval with Limited Operational Flexibility (air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).
The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from August 22, 2022
to October 6, 2022
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
10By email
0By mail
0