Ontario Regulation 419/05

What is Regulation 419?

Ontario Regulation 419/05 (Air Pollution – Local Air Quality) is a new regulation that was promulgated in 2005. This regulation outlines the air quality standards that apply to discharges of contaminants into the environment and the approved dispersion models that can be applied to confirm that concentrations at points of impingements (POI) meet these standards. Reporting to the Ministry of the Environment (MOE) must follow the Emission Summary and Dispersion Modelling (ESDM) format, which is clearly outlined in the Regulation.

When does it come into effect?

Regulation 419 came into force on November 30, 2005. On this same date, Regulation 346 of the Revised Regulations of Ontario, 1990 (General – Air Pollution) was revoked.

How will this new regulation affect the operation of my facility?

The most significant changes incorporated in Regulation 419 include the requirement to meet new standards with variable averaging times (Schedule 3 of the regulation). For the assessment of concentrations at POI’s according to these variable averaging times, more refined dispersion models must be applied to a facility’s emissions.

There is the potential for facilities that are currently in compliance with Reg. 346 standards to exceed the new limits in Reg. 419 when the more refined models are applied to their facilities. For this reason, the MOE has permitted a phased-in approach to allow industries to evaluate their emissions and to possibly revise operations and/or control strategies to meet the new standards by the required dates.

What are the new Air Quality Standards?

Three tiers of air quality standards are included in Reg. 419:

• Schedule 1, Standards with Half Hour Averaging Times (Reg. 419, s.18);
• Schedule 2, Updated Standards with Half Hour Averaging Times (Reg. 419, s. 19); and
• Schedule 3, Standards with Variable Averaging Times (Reg. 419, s. 20).

Schedule 1 contains the original half hour averaged POI limits that are outlined in Schedule 1 of Reg. 346 (s.5). This list does not include some other limits (e.g., guidelines and criteria) that the MOE applies for screening Certificate of Approval (C of A) applications.

Schedule 2 contains updated half hour averaged limits, including the Future Effects-based POI Limits from Reg. 346 (s.5, Schedule 1, Table 3), and the addition of POI limits for sixteen new contaminants. The contaminants with updated standards are listed in Schedule 7 of Reg. 419.

Schedule 3 provides standards with variable averaging times to better assess health and environmental impacts from a facility by using the most appropriate averaging time for exposure. The standards in Schedule 3 are predominantly 24-hour average standards. Many of the updated half-hour average standards in Schedule 2 have been calculated based on these 24-hour averages (i.e., calculated by multiplying 24-hour average by approximately a factor of 3). One-hour standards and standards for other time periods (i.e., half hour, 8 hour, 30 day) are also specified in Schedule 3 for certain contaminants. Currently, Schedule 3 does not include all contaminants that are listed in Schedules 1 and 2 (e.g., reduced sulfurs), in which case those standards would remain in effect. Odour and benzene remain without standards in Regulation 419.

In addition to these standards, a more stringent standard for a contaminant(s) might be imposed in a Certificate of Approval for a facility. Alternatively, the Director may order that a more stringent standard be applied at a facility if there is a concern that an adverse effect may occur as a result of the facility’s emissions.

What are the approved dispersion models?

The selection of an approved dispersion model is dependent on the air quality standards that are used in the assessment. If Schedule 1 or Schedule 2 limits (half hour averages) are required, the calculations outlined in the Appendix to Regulation 346 may be applied. When Schedule 3 limits (standards with variable averaging times) are required, one of the following approved models should be applied:

• SCREEN3;
• ISCST3;
• ISCPRIME; and
• AERMOD.

SCREEN3 is generally used for screening analyses, and ISC and AERMOD are used for refined modeling analyses. The refined models can incorporate actual or more representative meteorological data and terrain data, and they are generally more accurate tools for estimating dispersion of contaminants.

The Director may require the facility to use one or more dispersion models, a combination of models, and/or sampling and measuring techniques to provide a more accurate estimation of contaminant concentrations.

Supporting information required for dispersion modeling assessments are provided in Reg. 419, including the following topics (Sections 11 through 17):

• contaminant emission rate development;
• treatment of negligible sources;
• meteorological data (selection and processing);
• area of modeling coverage;
• stack height restrictions for new sources;
• terrain data; and
• variable averaging periods.

For cases when the POI is on the same structure as the source of emissions and when Schedule 2 or Schedule 3 standards apply, the calculations outlined in Chapter 44 (Building Air Intake and Exhaust Design) of the ASHRAE Handbook – HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) should be used in combination with an approved dispersion model.

Do all changes need to occur by November 30, 2005?

A phased-in approach is outlined for the implementation of new dispersion models and air quality standards. This approach first targets industries that are typically large contributors to air pollution. Gradually, all industries will need to meet the new standards based on the results obtained from the more refined dispersion models.

Reg. 419 targets specific sectors that must meet revised standards more quickly than other industries. Specifically, the existing facilities in the sectors outlined in Schedule 4 of Reg. 419 must meet new emission standards with variable averaging times (Schedule 3) by 2010. Refined dispersion models must be applied for this assessment. The existing facilities in industrial sectors listed in Schedule 5 of Reg. 419 must meet these standards by 2013. However, new facilities in these sectors that seek permit applications after November 30, 2005, must meet Schedule 3 standards immediately. The sectors identified in Schedules 4 and 5 are listed below.

All industries must achieve the new standards with variable averaging times (schedule 3) by the year 2020. Notwithstanding the phase-in dates outlined in reg. 419, the director has the authority to order any facility to meet the standards outlined in schedule 3 (using the necessary models) if he deems that there is a potential for the standards to be exceeded at points of impingement or if there is the potential risk of an adverse effect.

What if my facility cannot meet the new standards?

With the implementation of stricter standards and the requirement to apply more advanced dispersion models, there is the potential for a facility to exceed standards at POI’s. The MOE has recognized this potential, and Reg. 419 provides the opportunity for facilities to request an alteration to Schedule 3 standards. Such requests can be made by a facility under the following general circumstances (Reg. 419, s. 32):

• The deadline for the transition to Schedule 3 standards is approaching for a facility, and the standards cannot be met according to an approved dispersion model;
• Construction of the facility began after November 30, 2005, (and no application was made before that day for a C of A) and the updated standards in Schedule 3 cannot be achieved according to an approved dispersion model; and
• The Director has ordered that an approved dispersion model (including models that are not listed in Reg. 419) be used to assess facility emissions against Schedule 3 standards.

These requests require the submission of an ESDM report; dispersion modeling assessment; reviews of pollution control technology and process changes (with supporting technical and economical feasibility studies); and a plan on how to implement changes to result in the lowest maximum concentrations of POI’s. This process also requires public involvement through public meetings.

The Director may approve a request if it is not feasible for a facility to meet Schedule 3 standards and/or the events are infrequent. However, the Director shall not approve a request to alter a standard to the extent that it exceeds the upper risk threshold (Schedule 6) at sensitive receptors (s. 30 (8)).

What are the reporting requirements resulting from Reg. 419, and when is a report required?

An ESDM report is required to demonstrate that a facility is operating in compliance with Reg. 419 standards. The ESDM must be updated to reflect current conditions at the site. ESDM reports must be prepared or updated for a facility:

• when applying for a Certificate of Approval;
• before Schedule 3 standards apply to the facility (e.g., before Feb. 1, 2010 for a facility in a sector outlined in Schedule 4);
• if ordered by the Director (via written notice);
• if a facility exceeds an upper risk threshold standards; or
• if requesting an alternative to a Schedule 3 standard.

Annual updates of ESDM reports are required if one or more of the following conditions apply at a facility:

• an exceedance of an upper risk threshold standard is predicted using an approved model;
• an application is prepared to request an alteration to a standard in Schedule 3;
• written notice is received from the Director; or
• Schedule 3 limits apply to a facility in a sector listed in Schedule 4 or 5.

Requirements for reporting are outlined within the regulation (Section 26), including this partial list of required information:

• description of activities and operating conditions;
• list of all contaminants and sources (emissions, averaging period, sample calculations, etc);
• description of negligible sources and contaminants;
• source summary table;
• electric copy of input and output files from model;
• emission summary table;
• executive summary; and
• table of contents.

An up-to-date copy of the report must be retained at the place where the report relates. A copy must be submitted to the Director or provincial officer if requested, and the executive summary must be made available to the public.

How do I get a copy of the regulation?

The MOE keeps updated copies of statutes and regulations on the e-laws web site. Regulation 419 can be found in the Statutes and Associated Regulations directory, under the Environmental Protection Act R.S.O. 1990, c. E. 19 subdirectory.

What supporting guidance documents are available from the MOE?

Guidance on complying with the ESDM Report content requirements of Reg. 419: MOE. Procedure for Preparing an Emission Summary and Dispersion Modelling Report. Version 2.0. PIBs #3614e02. July 2005.

Guidance for demonstrating compliance with the air dispersion modelling requirements set out in Reg. 419: MOE. Air Dispersion Modelling Guideline for Ontario. Version 1.0. PIBS #5165e. July 2005.

Guidance to support the MOE’s Risk Evaluation Framework for air standards and applications for alternative standards under Reg. 419: Guideline for the Implementation of Air Standards in Ontario (GIASO). Version 1.0. PIBS #5166e. July 2005.

The MOE keeps updated copies of supporting manuals and guidance documents on their web site.