O. Reg. 824/21: ALTERNATIVE LOW-CARBON FUELS

 

ontario regulation 824/21

made under the

Environmental Protection Act

Made: November 25, 2021
Filed: December 7, 2021
Published on e-Laws: December 7, 2021
Printed in The Ontario Gazette: December 25, 2021

Amending O. Reg. 79/15

(ALTERNATIVE LOW-CARBON FUELS)

1. (1) The definition of “ALCF application” in subsection 1 (1) of Ontario Regulation 79/15 is amended by striking out “the combustion of alternative low-carbon fuel” and substituting “the combustion of one or more alternative low-carbon fuels”.

(2) Clause (a) of the definition of “prescribed chemical analysis method” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(a)  the guideline entitled “Guideline for Quantification, Reporting and Verification of Greenhouse Gas Emissions”, as amended from time to time, that is published by the Ministry and available on a website of the Government of Ontario, or

(3) The definition of “proponent” in subsection 1 (1) of the Regulation is amended by striking out “the combustion of alternative low-carbon fuel” and substituting “the combustion of one or more alternative low-carbon fuels”.

2. (1) Paragraph 1 of section 4 of the Regulation is revoked and the following substituted:

1.  The application includes a carbon dioxide emission intensity report in respect of every alternative low-carbon fuel proposed to be combusted at the site, prepared in accordance with section 11, that includes a statement that the carbon dioxide emission intensity of each alternative low-carbon fuel is less than the carbon dioxide emission intensity of the coal or coke in the place of which the alternative low-carbon fuel is proposed to be combusted.

(2) Sub-subparagraph 2 ii A of section 4 of the Regulation is amended by striking out “100 tonnes” and substituting “200 tonnes”.

(3) Paragraph 3 of section 4 of the Regulation is amended by striking out “section 8” and substituting “section 8 or 8.1, as the case may be,”.

3. (1) Clause 5 (1) (a) of the Regulation is amended by striking out “100 tonnes” and substituting “200 tonnes”.

(2) Clause 5 (3) (a) of the Regulation is amended by striking out “100 tonnes” and substituting “200 tonnes”.

4. (1) Paragraphs 2 and 3 of subsection 6 (7) of the Regulation are revoked and the following substituted:

2.  If the site is located in a municipality, the notice shall be published in a manner that, in the proponent’s opinion, will promptly bring the notice to the attention of the public in the local municipality and upper-tier municipality in which the site is located.

3.  If the site is located in an unorganized territory, the notice shall be published in a manner that, in the proponent’s opinion, will promptly bring the notice to the attention of the public within 25 kilometres of the site.

(2) Paragraph 4 of Column 3 of Item 1 of the Table to section 6 of the Regulation is amended by striking out “A description of the fuel” at the beginning and substituting “A description of each fuel”.

(3) Paragraph 6 of Column 3 of Item 1 of the Table to section 6 of the Regulation is amended by striking out “the alternative low-carbon fuel” and substituting “each alternative low-carbon fuel”.

(4) Column 3 of Item 1 of the Table to section 6 of the Regulation is amended by adding the following paragraph:

8.  If the proponent intends to hold both public meetings referred to in subsection 7 (1) virtually using electronic means,

i.  a statement that the meetings will both be held virtually,

ii.  the information necessary for members of the public to participate in the meetings virtually using electronic means, and

iii.  the name and phone number, and email address if any, of a person who may be contacted on behalf of the proponent to request that the public meetings include an in-person component.

5. (1) Subsection 7 (1) of the Regulation is revoked and the following substituted:

Non-demonstration project, consultation

(1) Before submitting an ALCF application that is not in respect of a demonstration project, the proponent shall hold at least two public meetings in accordance with this section.

(1.1) Subject to subsection (1.2), the proponent may hold the public meetings referred to in subsection (1) in person or virtually using electronic means.

(1.2) If the proponent elects to hold both public meetings referred to in subsection (1) virtually using electronic means and within 14 days of distributing a notice of intention to apply under section 6 receives a request from a person listed in Column 2 of Item 1 of the Table to section 6 that the public meetings include an in-person component, at least one of the two meetings must be held in person.

(1.3) The proponent shall hold any in-person public meetings referred to in subsection (1),

(a)  in the municipality in which the alternative low-carbon fuel site is located, if the site is located in a municipality; or

(b)  if the alternative low-carbon fuel site is located in unorganized territory,

(i)  within 25 kilometres of the site, or

(ii)  in the local municipality that is closest to the site, if there is no appropriate place to hold a public meeting within 25 kilometres of the site.

(2) Paragraph 1 of subsection 7 (3) of the Regulation is amended by striking out “the fuel proposed” and substituting “each fuel proposed”.

(3) Paragraph 2 of subsection 7 (3) of the Regulation is amended by striking out “the fuel proposed” and substituting “each fuel proposed”.

(4) Section 7 of the Regulation is amended by adding the following subsections:

(4) With respect to a public meeting referred to in subsection (1) held in person, the proponent may provide members of the public with the information necessary to participate in the meeting virtually using electronic means.

(5) Despite subsection (1.2), the public meetings held under this section may both be held virtually using electronic means if the ability to hold an in-person meeting is affected by the declaration of an emergency under the Emergency Management and Civil Protection Act or of a public welfare emergency under the Emergencies Act (Canada).

6. The Regulation is amended by adding the following section:

Application to amend

8.1 (1) A proponent who has been issued an environmental compliance approval under Part II.1 of the Act that is in respect of the combustion of one or more alternative low-carbon fuels at an alternative low-carbon fuel site and is not in respect of a demonstration project may submit an ALCF application under this section to amend the environmental compliance approval if,

(a)  the environmental compliance approval was issued in respect of an ALCF application; or

(b)  the environmental compliance approval was issued through an approval process for which an environmental assessment was undertaken or an environmental screening process was undertaken under Ontario Regulation 101/07 (Waste Management Projects) made under the Environmental Assessment Act with respect to the burning of alternative low-carbon fuel.

(2) Before submitting an ALCF application to amend an environmental compliance approval referred to in subsection (1), the proponent shall,

(a)  prepare and distribute a notice of intention to apply for an amendment in accordance with subsections 6 (2) to (4), (6) and (7), with necessary modifications; and

(b)  prepare a consultation report in accordance with this section.

(3) The proponent shall prepare and distribute a notice of intention to apply for an amendment at least 60 days prior to the submission of the ALCF application and shall include the following information on the proponent’s website:

1.  The name and address of the proponent.

2.  The name and phone number, and email address if any, of a person who may be contacted on behalf of the proponent.

3.  A statement that the notice is prepared in accordance with this section in contemplation of an ALCF application.

4.  If the subject of the ALCF application is the addition of one or more alternative low-carbon fuels to be combusted at the site, a description of each additional alternative low-carbon fuel.

5.  If the subject of the ALCF application is a change in the amount of one or more alternative low-carbon fuels that are already included in the environmental compliance approval, a description of the proposed increase in the amount to be combusted at the site.

6.  The address of the site and a map showing its location.

7.  A description of the activities mentioned in subsection 9 (1) of the Act or subsection 53 (1) of the Ontario Water Resources Act for which approval under Part II.1 of the Act is required relating to,

i.  the proposed combustion of each additional alternative low-carbon fuel referred to in paragraph 4, or

ii.  the proposed increase in combustion of each alternative low-carbon fuel referred to in paragraph 5.

8.  The proponent’s website where a copy of the proposed ALCF application and any supporting materials can be found.

9.  A statement that there will be a 30-day commenting period for anyone to provide comments on the proposed application.

10.  With respect to each fuel referred to in the ALCF application that is proposed to be combusted, an explanation of the following:

i.  What the fuel consists of or what it is derived from, including an explanation of how the fuel meets the criteria set out in either paragraph 1 or 2 of the definition of “alternative low-carbon fuel” in subsection 1 (1).

ii.  How the carbon dioxide emission intensity of the fuel is consistent with the definition of “alternative low-carbon fuel” in subsection 1 (1).

11.  An estimate of the amount of coal or coke, in the place of which the alternative low-carbon fuel referred to in the ALCF application would be combusted at the site, expressed as a percentage of coal or coke usage by weight and by energy content.

12.  Information about the potential effects that the activities described in paragraph 7 may have on the environment and any measures proposed by the proponent for controlling or minimizing those effects.

13.  A description of the means by which the proponent proposes to monitor any potential effects mentioned in paragraph 12 and determine the effectiveness of measures for controlling or minimizing those effects.

(4) After the close of the 30-day comment period referred to in paragraph 9 of subsection (3) and prior to the submission of the application to amend to the Ministry, the proponent shall make available on its website a consultation report that includes the following information:

1.  Copies of all written comments submitted and records of oral comments made.

2.  A summary of discussions that the proponent had with aboriginal communities, copies of all written comments submitted and records of oral comments made by aboriginal communities, either at public meetings or by other means.

3.  A description of what the proponent did to respond to concerns expressed in the course of the consultations.

(5) The proponent shall include in the application to amend,

(a)  the notice of intention to apply and the information referred to in subsection (3);

(b)  any additional project information provided to the public; and

(c)  the consultation report referred to in subsection (4).

7. (1) Section 10 of the Regulation is amended by adding the following subsection:

(1.1) The total carbon content and high heat value of a fuel proposed to be combusted as an alternative low-carbon fuel shall be determined by using,

(a)  samples of the fuel taken and analyzed in accordance with subsection (2); or

(b)  data from published literature or third parties, that has been analyzed in accordance with a prescribed chemical analysis method, with respect to the fuel and the parameters required for the equation referred to in subsection (1).

(2) Subsection 10 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The samples of the fuel referred to in clause (1.1) (a) must be taken and analyzed in accordance with the following rules:

(3) Paragraph 3 of subsection 10 (2) of the Regulation is amended by striking out “number of”.

8. Subparagraph 7 ii of subsection 11 (1) of the Regulation is amended by striking out “combusted is less than” and substituting “combusted is predicted to be less than”.

9. (1) Subsection 14 (1) of the Regulation is amended by striking out “each time the fuel is received” in the portion before paragraph 1 and substituting “each time fuel is received”.

(2) Paragraph 2 of subsection 14 (1) of the Regulation is revoked and the following substituted:

2.  The source and origin of the fuel.

10. Section 15 of the Regulation is revoked.

11. Paragraph 9 of Schedule 1 to the Regulation is revoked.

Commencement

12. This Regulation comes into force on the later of January 1, 2022 and the day it is filed.