Requirements under the Air Emissions EASR regulation

The following reports are required to be completed prior to registration of a prescribed activity:

  • EASR Emission Summary and Dispersion Modelling (ESDM) report; and
  • EASR ESDM report supplement.

EASR ESDM report

An EASR ESDM report sets out a summary of all contaminants discharged to air from a facility. The report then sets out the results of modeling these discharges with an approved dispersion model to determine the concentration of the contaminants at points of impingement. The initial report may be for an existing facility, a new facility, or a facility that may contain the proposed modifications. When preparing the EASR ESDM report, the following should be used:

In addition, the following list must be used to assess contaminants:

The EASR ESDM report must:

  • Be dated, signed, and sealed by a LEP. A LEP is defined as a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act. The LEP’s licence number must be clearly shown.
  • Be accurate as of the date it is signed and sealed.
  • Identify the primary NAICS code for the facility and any other applicable NAICS codes related to the facility.
  • Be prepared in accordance with subsection 12 (2) of O. Reg. 1/17 and section 26 of O. Reg. 419/05 using one or more approved dispersion models within the meaning of that Regulation. The approved dispersion models must be used in accordance with sections 9 to 17 of O. Reg. 419/05 .
  • Demonstrate that the point of impingement concentration of each contaminant discharged or proposed to be discharged from the facility meets one of the following criteria:
    1. If the contaminant is identified in the ACB list as belonging to the category Benchmark 1, the concentration must be at or below the concentration for each specified averaging period identified for the contaminant in that document.
    2. If the contaminant is identified in the ACB list as belonging to the category Benchmark 2,
      1. The concentration must be at or below the concentration for each specified averaging period identified for the contaminant in that document, or
      2. If the concentration is above the concentration for a specified averaging period identified for the contaminant in that document, the concentration must not be likely to cause an adverse effect for that averaging period.
    3. If the contaminant is not identified in the ACB list in either category Benchmark 1 or 2, the concentration must not be likely to cause an adverse effect for a specified averaging period that relates to the adverse effect as set out in the Emissions Summary Table.
  • Include an Emissions Summary Table following the ministry’s template.
  • At the time of registration in the EASR, the Emission Summary Table that was created in the EASR ESDM report will be required to be filed electronically in the Registry.
  • Be accompanied by an EASR ESDM report supplement, which is described below.
  • Be available at the facility when engaging in the prescribed activity.
  • The regulation requires a new EASR ESDM report be prepared at least once every ten years.

When preparing an EASR ESDM report, follow the ministry guideline entitled "the Procedure for Preparing an Emission Summary and Dispersion Modelling (ESDM) Report".

Facilities that discharge a contaminant over a Benchmark 2 or a contaminant without a benchmark value should consider refinement before performing a toxicological assessment of the contaminant. Refinement is an iterative process and may be necessary if the concentration level of the contaminant is not acceptable. The Procedure for Preparing an ESDM Report has further information on refinement.

If the LEP cannot confirm that the concentration of a contaminant is not likely to cause an adverse effect, specific actions are triggered under section 28 of O. Reg. 419/05 (e.g. the person engaging in the activity notifies a provincial officer that a discharge may cause an adverse effect).

EASR ESDM report supplement

In addition to completing an EASR ESDM report, an EASR ESDM report supplement is also required. This supplement is a requirement specific to this EASR regulation and is currently not required with any other EASR regulation. Statements are required from the person engaging in the activity and the LEP who sealed the EASR ESDM. It is important that the LEP include a description of the operational parameters including parameters relating to equipment that were used to prepare the ESDM report and a description of the operating and maintenance procedures required to ensure that the facility is operating within the operational parameters. The person engaging in the activity will be aware of the parameters they will need to operate their prescribed activities.

The EASR ESDM report supplement must:

  • Identify the name of the person who completed the supplement and must be dated and signed by that person.
  • Be accurate as of the date it is signed.
  • Identify the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name.
  • Identify, if the person who operates the facility is not an owner, the legal name of each person who operates the facility and the name under which each operator carries on business, if it is not the operator’s legal name.
  • Identify the facility’s site address.
  • Contain a statement signed by the person engaging in the prescribed activity, confirming that all information given to the LEP in order to prepare the EASR ESDM report was complete and accurate.
  • Contain a statement, signed by the LEP who signed and sealed the EASR ESDM report, that includes the following:
    1. Confirmation that, based on the information provided to the LEP, the information in the report was accurate as of the date it was signed and sealed.
    2. Confirmation that the EASR ESDM report was prepared in accordance with section 26 of O. Reg. 419/05 and includes the comparison to the ACB list within the Emissions Summary Table, as required in subsection 12 (2) of the Air Emissions EASR regulation.
    3. Confirmation that one or more approved dispersion models within the meaning of section 6 of O. Reg. 419/05 were used to prepare the EASR ESDM report and that the models were used in accordance with sections 9 to 17 of that Regulation.
    4. A statement indicating whether the information identified in the EASR ESDM report under paragraph 5 of subsection 12 (1) with respect to the concentration of contaminants is based on proposed discharges.
    5. A description of the methods and procedures that were employed to ensure minimization of errors and omissions in preparing the report.
    6. A description of the operational parameters that were determined for the purpose of preparing the EASR ESDM report, including the maximum rates of production, process limits, performance limits and parameters relating to equipment and infrastructure.
    7. A description of the operating and maintenance procedures required to ensure that the facility is operating within the operational parameters referred to in subparagraph vi and the operational parameters in respect of combustion equipment referred to below.
  • Contain a statement, signed by a LEP, confirming that each piece of combustion equipment described below is used or proposed to be used at the facility is designed to discharge the contaminants identified in Chapter 1 of the EASR publication with respect to the piece of combustion equipment in an amount that is less than or equal to the applicable limit listed for the contaminant in that Chapter.
  • The above statement must provide the basis of the confirmation and include the following for each piece of combustion equipment:
    1. The information required under Chapter 1 of the EASR publication related to the design of the combustion equipment, the operational parameters for the combustion equipment and emission estimating techniques used to form the basis for the confirmation.
    2. For a boiler or heater, its maximum energy input capacity, the primary type of fuel it uses and any non-primary fuels that it may use, the total number of hours in a year that non-primary fuels may be used, the air pollution control equipment installed in or attached to it, the date it was installed or is proposed to be installed at the facility, the date of the most recent modification made to it, and, if applicable, the hours it is intended to be used.
    3. For an electricity generation engine, the type of fuel used in it, its power rating, its intended purpose, the air pollution control equipment installed in or attached to it, the date it was installed or is proposed to be installed at the facility, the date of the most recent modification made to it and, if applicable, the hours it is intended to be used.
    4. For a small wood-fired combustor, the type of fuel used in it, confirmation that it has an automated wood fuel feed system, its nominal load heat input and output capacity, its partial load heat input and output capacity, the air pollution control equipment installed in or attached to it, the date it was installed or is proposed to be installed at the facility and the date of the most recent modification made to it.

The combustion equipment referred to above are the following:

A boiler or heater, unless the boiler or heater meets any of the following criteria:

  • It uses a fuel other than gaseous fuel, distillate oil or residual oil.
  • Its maximum energy input capacity is less than or equal to 10.5 gigajoules per hour.
  • It was installed at the facility before March 31, 2001 and has not been modified since its installation.
  • It uses fuel derived from a primary process or operation at the facility and the fuel is not produced for commercial purposes at the facility.
  • It is used to recover heat from the exhaust gases of another combustion source.
  • The combustion source included in the boiler or heater is a combustion turbine, a small wood-fired combustor or an electricity generation engine.

An electricity generation engine, unless the electricity generation engine meets any of the following criteria:

  • It is in a standby power system.
  • It is used to generate electricity for use in a community or facility that is located in an off-grid area described in Chapter 2 of the EASR publication.
  • It is used to generate electricity for use in a remote community or a remote facility described in Chapter 2 of the EASR publication.
  • It was installed in the facility before February 27, 2009, it has not been modified since its installation, and on the day immediately before the first registration in respect of the facility is filed in the Registry, an ECA in respect of the engine is in effect.

A small wood-fired combustor, unless the small wood-fired combustor meets the following criterion:

  • It is exempt from the application of section 9 of the Act by O. Reg. 524/98 made under the Act.
  • If an EASR ESDM report lists a contaminant set out in Schedule 3 to O. Reg. 419/05 that is discharged or proposed to be discharged before February 1, 2020, the EASR ESDM report supplement may contain a statement by the LEP confirming that the EASR ESDM report has been prepared as if section 20 of O. Reg. 419/05 applies to the contaminant. If this statement is included in the EASR ESDM report supplement, a notice under subsection 20 (4) of O. Reg. 419/05 is deemed to have been given by the Director to the person engaging in the prescribed activity. Accordingly, the person must comply with section 20 of O. Reg. 419/05 with respect to the contaminant as of the date the EASR ESDM report was prepared.

The following is an example of things that could be included in the statement from the LEP related to the operational parameters:

  • Stating that the facility needs to operate with the doors and windows closed;
  • The paint spray booth must operate with a spray rate less than 10 liters per hour;
  • The regenerative thermal oxidizer must be powered on and operate at a temperature of 800 degrees Celsius; and
  • All work areas must be swept after every shift.

The LEP may ask the person engaging in the activity to provide information in order to prepare the EASR ESDM report and EASR ESDM report supplement. Some examples of information that may be requested include:

  • Safety Data Sheets (SDS Sheets);
  • Equipment Specifications and Operating Manuals;
  • Production rates and data; and
  • Plant layout drawings.

The person engaging in the activity is required to provide a statement confirming that all the information given to the LEP to prepare the report was complete and accurate.

Fugitive dust control

If the most recent EASR ESDM report identifies a source of fugitive dust, then a BMPP for fugitive dust control must be created. The BMPP for fugitive dust control must meet the following requirements:

  • Be dated, signed, and sealed by a LEP. The LEP’s licence number must be clearly shown.
  • Be accurate as of the date the plan is completed and the LEP who signed the plan must provide a statement confirming this to be so based on the information provided to the LEP.
  • Contain a statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the LEP in order to prepare the plan was complete and accurate.
  • Identify the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name.
  • Identify the legal name of each person who operates the facility if the person who operates the facility is not an owner, and the name under which each operator carries on business, if it is not the operator’s legal name.
  • Identify the site address of the facility.
  • Identify the following with respect to each significant source of fugitive dust at the facility, including each source of fugitive dust that would be a significant source of fugitive dust if it were not controlled:
    1. Possible causes of the fugitive dust.
    2. Measures and procedures implemented at the facility to prevent or minimize the discharge of fugitive dust into the air.
    3. Inspection, maintenance and monitoring procedures to ensure the adoption and continued implementation of measures and procedures to prevent or minimize the discharge of fugitive dust into the air.
    4. Identification of additional measures and procedures that should be implemented at the facility to prevent or minimize the discharge of fugitive dust into the air, if any, including:
      • A description of measures to be installed.
      • A description of preventative procedures to be implemented.
      • If the preventative procedures are to be implemented periodically, the frequency with which the procedures should be implemented and material application rates, as applicable.
      • A schedule for the implementation of the additional measures, including training of workers.
  • Inspection, maintenance and monitoring procedures to ensure the adoption and continued implementation of the additional measures.

In addition to having a BMPP for fugitive dust control prepared, the plan must be available at the facility and be implemented in accordance with its content.

Furthermore, the BMPP for fugitive dust control must be reviewed at least once in every 10 year period by a LEP and, if the information in the plan is no longer accurate or if the LEP considers it necessary to prevent or minimize the discharge of fugitive dust into the air, an updated plan must be prepared. If the BMPP for fugitive dust control is still up to date, and the LEP provides a signed and dated addendum to the BMPP for fugitive dust control stating that the plan is still up to date, an updated plan is not required to be prepared.

Operational requirements related to EASR ESDM report and supplement

The facility must operate within the operational parameters that are set out in the EASR ESDM report supplement. This means that the person engaging in the prescribed activity needs to ensure that the facility is operating within the requirements stated by the LEP in the EASR ESDM report supplement, such as maximum rate of production, temperatures, pressures, etc. (section 11(4)).

Concentration of contaminant

While the person is engaging in the prescribed activities, they must ensure that the following rules are adhered to with respect to the concentration of each contaminant discharged from the facility. Subject to section 11 (1) of O. Reg. 1/17, at the point of impingement, the concentration of the contaminant shall:

  1. If the contaminant is identified in the ACB list as belonging to the category “Benchmark 1”, the concentration must be at or below the concentration for each specified averaging period identified for the contaminant in that document.
  2. If the contaminant is identified in the ACB list as belonging to the category “Benchmark 2”,
    1. The concentration must be at or below the concentration for each specified averaging period identified for the contaminant in that document, or
    2. If the concentration is above the concentration for a specified averaging period identified for the contaminant in that document, the concentration must not be likely to cause an adverse effect for that averaging period.
  3. If subparagraphs i and ii do not apply to the contaminant, the concentration must not be likely to cause an adverse effect for a specified averaging period that relates to the adverse effect, set out in the Emission Summary Table.

The ACB List is a new document which consolidates existing standards, guideline values and screening levels used to assess contaminants released to air. The ministry has guidance available that outlines the steps required to determine if a contaminant is not likely to cause an adverse effect for that averaging period.

Operation of combustion equipment

The combustion equipment referred to in this section includes any of the following as described in the Air Emissions EASR regulation:

  • Heaters and boilers;
  • Electricity generating engines; and
  • Small wood fired combustors.

At all times when operating each piece of combustion equipment listed in the EASR ESDM supplement, the person shall ensure that the combustion source is operated in a manner that does not result in the discharge of a contaminant (paragraphs 6 and 7 of section 11):

  • At an emission intensity rate that exceeds an applicable intensity rate identified for the contaminant in Chapter 1 of the EASR publication, or
  • In a concentration that exceeds an applicable limit identified for the contaminant in Chapter 1 of the EASR publication.

However, these limits do not apply to:

  • Any combustion equipment during its start-up and shut-down periods, or
  • To a boiler or heater during a period when, in a year, it uses a fuel other than the primary fuel (gaseous fuel, distillate oil or residual oil) identified in the EASR ESDM supplement in respect of the boiler or heater if,
  • The supplement confirms that the total number of hours during which the boiler or heater uses non-primary fuels in a year does not exceed 500 hours, and
  • The boiler or heater has not used non-primary fuels for more than 500 hours in that year.

The limits for combustion equipment was based on existing ministry guidance documents related to air, including: “Guideline A-9: NOX Emissions from Boilers and Heaters”, “Guideline for the Control of Air Emissions from Small Wood-Fired Combustors (<3 MW)– Guideline A-14” and “Emission limits and operating conditions for emergency generator sets in non-emergency situations”.

Director notices

If the Director gives notice to a person under section 24 of O. Reg. 419/05 to prepare and ESDM report or notice under section 25 of the Regulation to prepare an update to an ESDM report, the person shall prepare an EASR ESDM report and EASR ESDM report supplement that meet the requirements of O. Reg. 1/17. The reports shall be prepared by the date specified in the notice given under O. Reg. 419/05.

Stack testing

The Director may give written notice requiring the results of in-stack testing from a piece of combustion equipment if:

  • No such results in respect of the piece of combustion equipment have previously been submitted to the Director; or
  • The Director has reasonable grounds to believe that,
    1. A discharge from the combustion equipment may cause an adverse effect; or
    2. The combustion equipment is discharging a contaminant in an amount that is greater than the intensity rate or limit identified in Chapter 1 of the EASR publication for the contaminant and the combustion equipment.

Before the Director gives a person a notice to submit results of in-stack testing, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

The in-stack testing shall be conducted in accordance with the Director’s notice and submitted not later than the date specified in the notice.

Fugitive dust

The Director may request a BMPP for fugitive dust control if fugitive dust is discharged into the air, the Director has reasonable grounds that the discharge may cause an adverse effect and either:

  • The most recent EASR ESDM report in respect of the facility at which the person engages in the activity does not identify the source of fugitive dust, or
  • The BMPP for fugitive dust control does not identify the source as a significant source of fugitive dust.

Before the Director gives a person a notice to submit a BMPP for fugitive dust control, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

The BMPP for fugitive dust control shall be prepared in accordance with both the Director’s notice and requirements in the Regulation, and submitted no later than the date specified in the notice.

Modifications

The following requirements must be met prior to any modifications to the prescribed activities that will affect contaminants to air:

The proposed modifications must be reflected in either

  • An updated EASR ESDM report and EASR ESDM report supplement, or
  • An addendum to both the EASR ESDM report and EASR ESDM report supplement must be provided by a LEP that provides an explanation why they are of the opinion that the information in the most recent EASR ESDM report and EASR ESDM report supplement will remain accurate after the modification is made.

Despite the requirements for modifications described above, a new EASR ESDM report and EASR ESDM report supplement must be prepared at least every ten years from the date of the last EASR ESDM report in which an approved dispersion model was used in respect of all contaminants discharged from the facility. This will ensure that the latest dispersion models and standards for contaminants are reflected periodically. It is also important to note that addendums are not adequate to fulfil the ten year EASR ESDM report update requirement.

A description of each modification to the facility and the date the modification was made is required to be recorded and retained at the facility. This procedure is further described in the records section of O. Reg. 1/17 and this guide.