This consultation was open from:
April 11, 2023
to May 26, 2023
Decision summary
We have issued a director’s order to National Steel Car requiring them to submit an application and supporting documentation for site-specific standards and an amended Environmental Compliance Approval by December 15, 2024.
Location details
Site address
600 Kenilworth Avenue North
Hamilton,
ON
L8N 3J4
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)
National Steel Car Limited / Wagon D'Acier National Limitee
600 Kenilworth Avenue North
Hamilton,
ON
L8N 3J4
Canada
Decision details
Following a 45-day public consultation period, we issued an order to National Steel Car Limited to require them to undertake the following actions:
- By August 30, 2023, National Steel Car Limited shall submit a plan to the issuing Director to reduce the amount of manganese, ferric oxide and hexavalent chromium that are discharged from the site to the natural environment. The plan shall provide detail on the Company’s request for a site-specific standard per s. 35, pursuant to s.32 of O. Reg. 419/05. The plan shall also include a description of the public consultation to be undertaken with respects to the proposed site-specific standard and the date, no later than December 15, 2024, that the company will submit their request for a site-specific standard and all supporting documentation as set out in s. 33 of O. Reg. 419/05.
- By December 15, 2024, National Steel Car Limited shall submit to the Director, Environmental Approvals and Permissions Branch, an electronic copy of a completed application for an environmental compliance approval (air and noise) including all supporting documentation for all applicable operations on site.
- By December 15, 2024, National Steel Car Limited shall submit a request to the Director, Local Air Quality Regulations, for a new site-specific standard for hexavalent chromium, ferric oxide, and manganese. The Company shall submit all applicable documentation set out in s. 33 of O. Reg. 419/05.
- By December 15, 2024, National Steel Car Limited shall submit a copy of the completed Environmental Compliance Approval (air and noise) application referred to in Item No. 2, and the completed request for a new site-specific standard referred to in Item No. 3 to the issuing Director.
The Order is being issued as initially proposed with refinement to the submission timelines. The timelines were updated to ensure that there is enough time to conduct the required scientific studies and ensure an accurate assessment of emissions. A copy of the final order can be found under the supporting materials.
Effects of consultation
The ministry considered all comments received during the comment period. There were six comments received during the comment period. One comment supported the proposal and five comments expressed concern about local air quality, and the ministry’s policy framework regarding alternative pathways to compliance with the Local Air Quality Regulation.
The site-specific standard application process would require the company to assess their current emissions and develop a plan for reducing air emissions from key sources through the development of a technical benchmark report and abatement plan.
As a result, the order was issued with modifications to the compliance timelines.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from July 19, 2023 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)
National Steel Car Limited / Wagon D'Acier National Limitee
600 Kenilworth Avenue North
Hamilton,
ON
L8N 3J4
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
Stephen Burt
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
Proposal details
The ministry is proposing to issue a director’s order under section 18 of the Environmental Protection Act to National Steel Car Limited to require them to develop a plan to reduce emissions of manganese, hexavalent chromium, and ferric oxide. In addition, the proposed director’s order requires that the company submit applications and supporting documentation for new site-specific standards and an amended Environmental Compliance Approval (ECA); holding a public meeting is also a requirement of the application process to get a site-specific standard. The items that are proposed to be included in this order are summarized as follows:
- By June 30, 2023, National Steel Car Limited shall submit a plan outlining the steps that will be taken by the company to develop a strategy to achieve reductions in emissions of manganese compounds, ferric oxide, and hexavalent chromium from its facility. The plan will include a commitment to make a request to the ministry for new site-specific standards which shall include all supporting documentation as set out in s. 33 of O. Reg. 419/05: Air Pollution – Local Air Quality.
- By June 30, 2024, National Steel Car Limited shall request a new site-specific standard for hexavalent chromium, ferric oxide, and manganese from the Director, Local Air Quality Regulation, for the purposes of s. 35 of O. Reg.419/05. All of the information set out in section 33 of O. Reg. 419/05 and the Guide to Requesting a Site-specific Standard shall be included in the submission. As part of the application process for a site-specific standard, the Company will be required to hold at least one public meeting to discuss their emission reduction plans and application.
- By June 30, 2024, National Steel Car Limited shall submit an application for an ECA amendment for air and noise, which shall include all supporting documentation for all applicable equipment at the facility and any new changes in operation and equipment pertaining to the site-specific standard.
National Steel Car Limited is in non-compliance with its current ECA which was issued in June 2004. During inspection by the ministry, it was determined that there is unpermitted equipment in operation at the facility and an amendment to the ECA is required. National Steel Car Limited did apply to amend its existing ECA, however, they were unable to demonstrate compliance with the ministry’s O. Reg. 419/05 Schedule 3 air standards for manganese, hexavalent chromium, and ferric oxide.
Most air emissions from National Steel Car Limited are generated through welding operations. The company has worked with its welding wire suppliers to identify and utilize alternative welding wire to reduce its emissions. Despite these efforts, the company has been unable to demonstrate that it is able to meet the ministry’s Schedule 3 air standards.
The intent of this order is to ensure that the company identifies the best available and technically feasible control technology to reduce the discharge of contaminants from the facility; defines a schedule for implementing upgrades and commissioning of new procedures or air pollution control systems; and requests new site-specific standards for manganese compounds, ferric oxides, and hexavalent chromium as soon as realistically feasible.
A copy of the draft order can be found under supporting materials.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comment
Commenting is now closed.
This consultation was open from April 11, 2023
to May 26, 2023
Connect with us
Contact
Stephen Burt
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
6By email
0By mail
0