Appeal of Stelco Inc. - Environmental Compliance Approval (air)

ERO number
019-7370
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

Nanticoke Properties LP has sought leave to appeal this decision.

Appeal details

This notice is given by the applicant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the applicant and represents its position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

Nanticoke Properties LP has sought leave to appeal the decision to issue an Environmental Compliance Approval (air) to Stelco Inc., a manufacturer of integrated steel at a facility located at 2330 Haldimand Road 3, Haldimand, Ontario

Additional details can be found on the Ontario Lands Tribunal website.

The case number is OLT-23-000995.

Supporting materials

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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.

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Contact

More information, including hearing dates and locations can be provided by the appellate body.  Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal

Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

Stelco Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-7370
Ministry reference number
8923-CSJGL7
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
July 18, 2023 - September 1, 2023 (45 days) Closed
Last updated

This consultation was open from:
July 18, 2023
to September 1, 2023

Decision summary

We have issued an Environmental Compliance Approval (air) to Stelco Inc., a manufacturer of integrated steel at a facility located at 2330 Haldimand Road 3, Haldimand, Ontario.

Location details

Site address

2330 Haldimand Road 3
Haldimand County, ON
N0A 1L0
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Stelco Inc.
2330 Haldimand Road 3
Haldimand County, ON
N0A 1L0
Canada

Decision details

We have issued an Environmental Compliance Approval (air) to Stelco Inc., a manufacturer of integrated steel at a facility located at 2330 Haldimand Road 3, Haldimand, Ontario.

Approval is for a pilot project to use on-site blast furnance gas (BFG) and basic oxygen furance gas (BOF), for the production of hydrogen gas.

Emissions from the hydrogen plant operations to the atmosphere include carbon monoxide.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Comments received were reviewed and, where appropriate, were considered in the ministry's decision whether or not to proceed with the proposal.

Comment summary

Concerns were raised regarding the level of contaminant air concentrations and noise impacts at off-site locations resulting from the operation of the proposed hydrogen plant.

Ministry’s response to comment

The Environmental Compliance Approval application demonstrated that air and noise emissions from the proposed hydrogen plant would result in negligible changes to off-site impacts. The primary air contaminant of concern emitted from the hydrogen plant is carbon monoxide, and off-site concentrations of carbon monoxide from site-wide operations are predicted to be well within applicable ministry limits.

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from September 26, 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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Nancy Orpana
Manager, Air Approvals

Environmental Permissions Branch
135 St. Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(613) 484-2675

Proponent(s)

Stelco Inc.
2330 Haldimand Road 3
Haldimand County, ON
N0A 1L0
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-7370
Ministry reference number
8923-CSJGL7

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.

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Follow this notice

Original proposal

ERO number
019-7370
Ministry reference number
8923-CSJGL7
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

July 18, 2023 - September 1, 2023 (45 days)

Proposal details

This proposal is to amend Environmental Compliance Approval (air) No. 6325-54QQWV issued to Stelco Inc., a manufacturer of integrated steel at a facility located at 2330 Haldimand Road 3, Haldimand, Ontario.

This amendment is for a pilot project to use on-site blast furnance gas (BFG) and basic oxygen furance gas (BOF), for the production of hydrogen gas.

Emissions from the hydrogen plant operations to the atmosphere include carbon monoxide.

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from July 18, 2023
to September 1, 2023

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