Approval of the Terms of Reference for the New Ash Disposal Site at Calstock Power Plant Environmental Assessment

Terms of Reference - Notice of Approval

Proponent: Atlantic Power Limited Partnership
Undertaking: New Ash Disposal Site at Calstock Power Plant Environmental Assessment
EAIMS Number: 14129

The proposed Terms of Reference submitted to the Ministry of the Environment and Climate Change on January 23, 2015 ("the proposed Terms of Reference" or "the Terms of Reference"), with the amendment which I consider necessary, all of which are set out in this notice, is hereby approved ("the approved Terms of Reference").

The approved Terms of Reference provides information other than that required by subsection 6.1 (2) of the Environmental Assessment Act, R.S.O. 1990, c.E.18 ("the Act") and will govern the preparation of the environmental assessment for the above-noted undertaking. Pursuant to subsection 6.1 (1) of the Act, any environmental assessment for the above-noted undertaking submitted to the Ministry of the Environment and Climate Change pursuant to subsection 6.2(1) of the Act must be prepared in accordance with the approved Terms of Reference.

Reasons

I am satisfied that an Environmental Assessment prepared in accordance with the Terms of Reference, as amended, will be consistent with the purpose of the Environmental Assessment Act and the public interest for the following reasons:

1. The amended Terms of Reference ensures that the Environmental Assessment will be completed using a public, Aboriginal and government agency consultation process that is open and transparent;
2. The amended Terms of Reference ensures that the completed Environmental Assessment will contain a sufficient level of detail to accurately assess the environmental effects of a reasonable range of alternatives and the proposed undertaking;
3. The amended Terms of Reference sets out a planning process that will ensure the completed Environmental Assessment will be consistent with the purpose of the Environmental Assessment Act and the public interest; and,
4. All issues and concerns raised have adequately been addressed in the amended Terms of Reference, or can be addressed during the preparation of the Environmental Assessment.

Amendment

The approved Terms of Reference sets out in detail the requirements for the preparation of the environmental assessment and the following amendment changes the detailed requirements set out in the proposed Terms of Reference.

To the extent that there is any conflict between the requirements outlined in the proposed Terms of Reference and the amendment below, it is the amendment below that will take precedence. Along with the consultation, evaluation and decision-making framework outlined in the Terms of Reference for the preparation of the environmental assessment, Atlantic Power Limited Partnership will also carry out the following task as part of the environmental assessment process:

1. Atlantic Power Limited Partnership shall include supporting documentation with its environmental assessment that demonstrates the proponent has considered the feasibility of potential waste diversion streams, as well as the potential reuse for waste ash that may be implemented concurrent with landfilling. The proponent shall include this supporting documentation with the environmental assessment for consultation with government agencies, the public and Aboriginal communities.

Dated the 26^th day of November 2015 at Toronto.

Original signed by
Minister of the Environment and Climate Change
77 Wellesley Street West
11^th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5