For the regulated community in Ontario, the New Year has begun with an environmental regulatory change that specifically affects Air, Noise, and Odour permitting. According to the Government of Ontario, “This Regulation comes into force on the later of January 31, 2017 and the day it is filed.” The changes are spelled out in Ontario Regulation 1/17.
The good news is, if your business is eligible, you may no longer be required to obtain an Environmental Compliance Approval (ECA) for your facility’s emissions to air, noise, and/or odour. However, you may now be required to register with the Environmental Activity and Sector Registration (EASR)…and the application requirements are slightly different.
Why the change? According to the Government of Ontario, registration with the EASR will make it easier for businesses by eliminating “administrative burdens” and making the process “faster, transparent, and more accessible.”
This change may also be in response to the report by the Office of the Auditor General who pointed out that there may be as many as 12,000 “emitters” without permits. They also pointed out that average review time for air/noise ECAs was 662 days. Registration with the EASR is essentially a “self-certification” process, and it could provide some permitting relief for the Ministry, allowing them to focus on “high-risk” emitters who will still be required to obtain an ECA.
If the EASR option applies to your facility, there are several things to keep in mind. Since the EASR route is essentially a “self-certified” emission permit, the EASR application must be signed by a Professional Engineer (P. Eng.). It’s also worth noting that, for air permits, preparation of an Emission Summary and Dispersion Modelling (ESDM) report is also required. There are also record-keeping requirements.
What You Need to Do to Comply with O. Reg. 1/17
So, if this applies to your company, what do you do next to comply with the EASR requirements?
- According to the MOECC, “If a business’s activities impact the natural environment, that business needs an approval from the Ministry of the Environment (and Climate Change) to operate legally in Ontario” (see our December 2015 Environmental Compliance Post). This “approval” will now be submitted to the EASR (assuming you are not a high-risk discharger). Therefore, the first step is to consider the basic question, “Do I even need a permit?” If you are thinking the answer to this question is “yes,” the odds are that a permit is likely required.
- Typically, operations with air, noise, and odour emissions that are considered “higher risk” are aware that they are higher risk (chemical manufacturing, cement manufacturing, mining, etc.). Do you have a “higher risk” discharge and, therefore, require an ECA? If the answer to this is “no” but you do have an emission, there’s a good chance you are required to only register with the EASR.
- Assuming you do need to register with EASR, follow the registration process, which will include several “administrative” requirements, including creating a Service ONe-Key account and also creating an MOECC Client Account Management System. The technical requirements will vary, but they will include a signature by a P. Eng.; and for air discharges, there will also be an air modelling component.
Assistance with an EASR
Dragun can assist you with your ECA or EASR requirements. Whether you need a P. Eng. to assist throughout the process, to assist with the modelling requirements, or to just review your documentation and record keeping reports, please let us know. You can contact me (cpare@dragun.com) at 519-979-7300.