Linde Canada Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-1052
Ministry reference number
8243-BJANXR
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
December 17, 2019 - January 31, 2020 (45 days) Closed
Last updated

This consultation was open from:
December 17, 2019
to January 31, 2020

Decision summary

We have approved an amendment to the Limited Operational Flexibility to revoke and replace the Environmental Compliance Approval (air & noise) No. 3638-BAAUD8 for Linde Canada Inc., formerly Praxair Canada Inc., an industrial gas manufacturer located in Scarborough, City of Toronto, Ontario. 

Location details

Site address

60 Skagway Avenue
Scarborough
Toronto, ON
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Linde Canada Inc.
60 Skagway Avenue
Scarborough
Toronto, ON
M1K 3R3
Canada

Decision details

The facility is an air separation plant which draws air from the atmosphere to produce high purity nitrogen, oxygen, and argon in liquid form. Processes include:

  • closed loop filtration
  • compression and cooling
  • molecular sieve adsorption
  • cryogenic distillation
  • argon refinery
  • product gas liquefaction
  • storage in bulk tanks for shipment via tanker trucks

The amendment is for revising the facility production limit to achieve higher production levels with the same processing capacity.

Emissions to the air from this facility include:

  • particulate matter
  • oxides of nitrogen

The Environmental Compliance Approval with Limited Operational Flexibility (air) permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air). The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Toronto District Office
Address

5775 Yonge Street
Floor 9
Toronto, ON
M2M 4J1
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from June 10, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Rudolf Wan
Manager - Air Approvals

Environmental Permissions Branch
135 St Clair Ave W
Toronto, ON
M4V 1P5
Canada

416-992-4379

Proponent(s)

Linde Canada Inc.
60 Skagway Avenue
Scarborough
Toronto, ON
M1K 3R3
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
019-1052
Ministry reference number
8243-BJANXR

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-1052
Ministry reference number
8243-BJANXR
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

December 17, 2019 - January 31, 2020 (45 days)

Proposal details

This proposal is for an amendment to the Limited Operational Flexibility for an Environmental Compliance Approval (Air & Noise) No. 3638-BAAUD8 for Praxair Canada Inc., an industrial gas manufacturer located in Scarborough, City of Toronto, Ontario.

The facility is an air separation plant which draws air from the atmosphere, and through the process of compressing, cooling, purification, distillation and liquefaction, produces pure nitrogen, oxygen, and argon in liquid form.

The amendment is to revise the facility production limit.

Emissions to the air from this facility include:

  • particulate matter
  • oxides of nitrogen 

The Environmental Compliance Approval with Limited Operational Flexibility (Air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (Air). The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Toronto District Office
Address

5775 Yonge Street
Floor 9
Toronto, ON
M2M 4J1
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from December 17, 2019
to January 31, 2020

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