Community Engagement for Air Quality Regulation in Ontario

1. Ontario Regulation 419 Air Pollution – Local Air Quality Overview of the Alternative Standard Review Process http://www.ene.gov.on.ca/envision/AIR/regulations/localquality.htm Standards Development Branch Ontario Ministry of the Environment Jeff Burdon (jeff.burdon@ontario.ca) Tel. (416) 212-6606; Fax (416) 327-9187 Scott Grant (scott.grant@ontario.ca) Tel. (416) 327-9301; Fax (416) 327-2936 Hamilton Industrial Environmental Association Community Advisory Panel Meeting January 8, 2009

2. Engage consultation process with community stakeholders as the Ministry reviews the alteration of standard requests submitted by: ArcelorMittal Dofasco (Dofasco) and U.S. Steel Hamilton Works.  Purpose of Presentation IMPORTANT NOTE: These slides are intended to be a brief summary of some of the requirements of Ontario Regulation 419. Information contained in this presentation is only for information purposes. Interested parties must refer to Ontario Regulation 419 for a comprehensive understanding of the legal requirements of facilities. The Regulation 419 as amended will take precedence in the event of a conflict between the Regulation and this document. The Regulation 419 web-site contains comprehensive information including Frequently Asked Questions, Guideline Documents, Forms and a link to the Regulation. http://www.ene.gov.on.ca/envision/air/regulations/localquality.htm

3. Outline opportunities for community involvement in the Ministry’s review of the requests now and throughout the process. Overview the Ministry’s process to review the submitted requests and a discussion of the next steps Reminder: “For an Alternative Standard to be issued, the facility must demonstrate that it is doing the best that can be done to reduce concentrations with a goal of continual improvement towards meeting the standard over time.” Purpose of Presentation

4. The Ontario Ministry of the Environment sets air standards based on values that protect human health and the environment. In 2005, the ministry introduced new, more stringent and accurate air quality standards on industrial facilities in Ontario, beginning in 2010. (Ontario Regulation 419/05). In some cases, the new standards are 10 -100 times more rigorous than existing standards. The Ministry expects that companies will meet the new standards. The ministry recognizes that it will take time for some facilities to make the significant adjustments and investments needed to meet the new standards. What is the Alteration of Standards Process?(and why does it facilitate improved environmental protection?)

5. The regulation allows for a temporary, site-specific standard to be established so a facility can implement emission controls and an action plan to reduce emissions and move toward eventual compliance with the new standard. The setting of an alternative standard must be done in a publicly open and transparent manner. The ministry expects companies to continue to improve and strive towards meeting the strict standards over time. The ministry will monitor the company’s progress towards achieving the standard and will ensure continuous improvement. What is the Alteration of Standards Process? (and why does it facilitate improved environmental protection?)

6. The following slides describe: Background on local air quality and compliance with Regulation 419 The “point of impingement” and “upper risk threshold” concepts The Ministry’s process for reviewing the submitted requests Next Steps What is the Alteration of Standards Process? (and why does it facilitate improved environmental protection?)

7. Ontario’s Plan for Cleaner Air • Air issues can be grouped into three categories: local, regional, global • Local air quality issues include assessing air emissions from industries and determining compliance/conformance with Ontario’s air quality limits (i.e. both standards and guidelines*). • Regional air quality issues include smog and acid rain where pollutants can travel hundreds or even thousands of kilometres. • Global air quality issues include climate change, the depletion of the protective stratospheric ozone layer (upper layer as opposed to ozone at ground level, which causes smog) where the pollutants are global. * Standards refer to limits in the regulation. Guidelines are not in the regulation but are still assessed.

8. Compliance Assessment – Local Air Quality • Air Dispersion Models • Mathematical formulas that calculate the concentrations of substances mainly off property. • Consider emission rates, stack heights, property lines, meteorological conditions, etc. • Measurement/Monitors • Use instruments to measure concentrations of substances at a specific point in time at a specific location. • Not as commonly used. • Cannot be used for all substances.

9. Compliance Assessment • Compliance Reports (referred to as Emission Summary and Dispersion Modelling Reports (ESDMs)) summarize common sources (i.e. stacks, etc.) from a facility that emit the same substance into the air. • This assessment considers the process operating conditions that effect emissions and meteorological conditions that affect POI concentrations. • Assessment results for multiple substances are then compared to MOE air standards/guidelines to determine compliance/conformance under O. Reg. 419.

10. Ontario’s Regulatory Framework for Air Standards Compliance Assessment: MOE POI Limits

11. Standard Setting NC: Hazard Quotient=1 C: Cancer Risk=10-6 Non-Carcinogens (NC): 10 X Standard Carcinogen (C): 100 X Standard Overview of the Reg. 419 Alternate Standards Process As low as reasonably achievable (ALARA) principle Upper Risk Thresholds More Timely Action Required 3 Alteration of Standards Process A Risk Based process to consider time, technology & costs (optional) Region of Concern [ALARA Region] 2 Compliance – No Action Required Broadly Acceptable Region Risk 1

12. Alteration of Standard Requests

13. Alteration of Standard Requests • A request for an Alternative Standard must include • an ESDM report • aTechnology Benchmarking Assessment • a Ranking of the Technologies that gets the lowest Point of Impingement Concentrations • an Action Plan • Summary of the Pre-submission Consultation with Local Community • Economic Considerations (optional) • This process is supported by the Guideline A12: Guideline for the Implementation of Air Standards in Ontario (GIASO) http://www.ene.gov.on.ca/envision/gp/5166e.pdf and the “Guide for Requesting an Alternative Air Standard” also available on the Ministry website at http://www.ene.gov.on.ca/envision/gp/****.pdf

14. 2 Alternative Site Specific Standards Some important considerations: • Companies must demonstrate they are doing their best to reduce concentrations; • Stakeholders are given an opportunity for input; • Company must develop an action plan which will be periodically revisited to ensure continual improvement; • Approval cannot be granted if there is an exceedence of the Upper Risk Threshold at a human receptor: • i.e. a health care facility; a senior citizens’ residence or long-term care facility; a child care facility; an educational facility; a dwelling; or a place specified by the Director.

15. Summary of Requests Dofasco and U.S. Steel submitted preliminary alteration of standards requests on October 31, 2008. The requests are considered as preliminary pending the completion of further studies and evaluations of emissions at each facility. A follow-up submission with proposed altered standards and levels for specific contaminants is expected to be submitted during 2009. Separate follow-up public meeting(s) will be held at this time to discuss each company’s updated request.

16. Summary of Requests

17. Benzene and Benzo(a)pyrene The Ministry is currently in the pre-consultation stage of setting standards for Benzo(a)pyrene and Benzene. Further information (as it becomes available) on the standard setting process for these contaminants can be accessed at the Environmental Bill of Rights Electronic Registry: EBR Registry Number:   010-4441 http://www.ebr.gov.on.ca/

18. Summary of Requests

19. Ministry’s Process to Review the Alteration of Standard Requests

20. Overview of Ministry Review(and how does it ensure best efforts are being employed?) The Ministry will undertake the following: Review of combined analysis of monitoring and modelling (CAMM) results Assessment of technical feasibility and minimum alteration necessary: Comparison of emission performance to other similar facilities around the world; Review of other jurisdictions; Potentially contract technical experts for key sources Host/Coordinate Public Input at above-noted Key Milestones in the Ministry Review

21. Overview of Ministry Review: Organizing Input Summary of Ministry’s Suggested Approach: Public comments through Environmental Bill of Rights registry. Setting-up of Public Liaison Committee comprised of one or two representatives of key organizations such as: Representatives of Dofasco and US Steel; HIEA’s "Community Advisory Panel"; Bay Area Restoration Council; City of Hamilton; Clean Air Hamilton; Community Action - Parkdale East; Environment Hamilton; Hamilton Area Eco-Network; Hamilton Beach Community Council Hamilton Naturalists Club; Hamilton-Wentworth Public Health Department; Keep Hamilton Clean Committee. Circulate Ministry draft review material and organize meetings to discuss

22. Combined modelling and monitoring analyses: Provide increased accuracy in estimating emissions… particularly for sources of fugitive emissions (which are often significant contributors to point of impingement concentrations). Allow assessments of frequency of exceedance and assessment of point of impingement concentrations at multiple receptors where monitors are not located. Facilitates the identification of the most significant contributors to point of impingement concentration. Importance of Combined Modelling and Monitoring Analysis

23. Re-run models with adjusted emission rates where monitoring and operational data are used to identify the sources where emission rates should be adjusted to best match the modelling results. Combined Analysis of Monitoring and Modelling (CAMM) Results – Key Steps

24. Identify the average emissions and average plus one standard deviation emissions (for the sources where emissions were adjusted). Use “average plus one standard deviation” emissions for the most significant source or two in combination with average emissions for the other sources to define the new, more accurate, Emission Summary and Dispersion Modelling (ESDM) report. Combined Analysis of Monitoring and Modelling (CAMM) Results – Key Steps

25. Informing the Technology Benchmarking Analysis • Technology Benchmarking Analysis… Key Questions: • Is the List of Methods Comprehensive? • Is the Assessment of Feasibility for the List of Methods Reasonable? • Will the Action Plan Result in the Lowest Feasible Point of Impingement Concentration?

26. 80.00 70.00 60.00 50.00 40.00 grams emitted per Tonne product produced 30.00 20.00 10.00 0.00 US Facility 1 US Facility 2 US Facility 3 US Facility 4 US Facility 5 US Facility 6 US Facility 7 US Facility 8 US Facility 9 US Facility11 US Facility19 US Facility 10 US Facility 12 US Facility 13 US Facility 14 US Facility 15 US Facility 16 US Facility 17 US Facility 18 Ontaro Facility Emissions Intensity for Comparable Facilities

27. Expert Reports Ministry may retain air pollution control experts to assist with: Determining technical feasibility of selected methdods; Advise on best practices for methods to reduce emissions from material handling, coke making, iron and steel making operations; Possible improvements to existing and proposed methods to reduce emissions by the facilities.

28. Overview of a Draft Approval Definitions Alternate Standard(s) and Guidelines for the facilities Grounds for Approval Conditions Not to Exceed Concentrations at Specified Receptors Further Investigation and Submission of Reports Environmental Management System and Community Engagement Plan Continuous Improvement Assessment Report for key sources Process Upsets and Accidental Releases Assessment Report Temporary standard/guideline ends: 5 years ( 10 years in extenuating circumstances)

29. Re-Cap:How Does this Process Improve Environmental Protection? Allows for the setting of new air quality standards that are based solely on protection of human health and the environment... resulting in standards that are often many times more stringent than those used previously and/or in other jurisdictions. Provides a mechanism that recognizes the need for time to investigate new approaches and make significant adjustments and investments to meet the new standards. Facilitates continuous improvement and implementation of reductions in emissions and eventual compliance with the new standards.

30. Next Steps Notices have been posted to the Environmental Bill of Rights Electronic Registry for a 120 day public comment period (December 11, 2008 to April 10, 2009). http://www.ebr.gov.on.ca/ Dofasco – EBR Registry Number: 010-5390 U.S. Steel - EBR Registry Number: 010-5391 Written comments can be submitted on-line or sent to the Ministry contact identified in the Notice. Circulate Initial Ministry Review Material (e.g., on combined analysis) to Dofasco and then Public Liaison Committee in Spring 2009.

31. Questions? Thank-you!