Glencore Canada Corporation - Approval of a site-specific air standard

Public consultation by the ministry on the proposed site-specific standard was provided through an Environmental Registry of Ontario (ERO) posting for 45 days, from April 21, 2023, to June 5, 2023. As a result of this public consultation, the Director received 3 comment submissions. All questions and comments submitted regarding this proposal were considered. The Director made alterations to the proposed site-specific standard approval in response to the received comments by adding an additional condition requiring Glencore to commence the installation of the filter press project at the facility by no later than July 1, 2026.

The following is an overview of the common themes in the submitted comments and the ministry’s consideration of and responses to the comments.

Comment: Concerns were expressed that a site-specific standard of 690 micrograms per cubic metre (1-hour average) for five years, might not adequately protect the community, which should be prioritized.

Air standards are used by the ministry to assess the contributions of a contaminant to air by a regulated facility. Facilities challenged to meet air standards due to technical and/or economic challenges can request a site-specific standard.

Site-specific standards are developed with public transparency through public meetings and consultations. They include technology benchmarking to determine what is feasible for a facility to achieve in terms of controlling emissions of a contaminant over a set period (i.e., at least five years but not more than 10 years).

Compliance with a site-specific standard, just like a general air standard, must be demonstrated by using air dispersion modelling. A facility that meets its site-specific standard is in compliance with the regulation.

Glencore’s request indicates that for a maximum emission scenario (all dryers operating simultaneously and continuously for five years) the maximum off-property concentration of sulphur dioxide is 658 micrograms per cubic metre. This is an unlikely scenario, as permitted operations are for only two dryers to be in operation at any given time. A frequency analysis at the location of the maximum concentration indicates that the current sulphur dioxide 1-hour air standard is exceeded approximately four times per month. Sulphur dioxide levels in populated areas in the vicinity of Glencore were found to infrequently exceed (less than one per cent of the time) the current 1-hour standard (100 micrograms per cubic metre), but not exceed a 1-hour health-effect benchmark of 320 micrograms per cubic metre, a concentration at which asthmatics may begin to experience imperceptible yet adverse effects on lungs. No exceedances of the current air standard were predicted at other sensitive locations such the hospital, seniors home and daycare. The health impacts of sulphur dioxide exposure can be almost immediate (occurring within minutes) and can be expected particularly in some vulnerable members of the community.

While it is understood that modelled concentrations under maximum emission scenario represent an unlikely operating scenario, the ministry has assessed Glencore’s potential impact under this scenario and expects that actual impacts in residential and community gathering locations will be less and continue to reduce as the facility completes the implementation of its Action Plan. Glencore is expected to comply with Ontario’s 1-hour sulphur dioxide air standard at the completion of its Action Plan.

Comment: Concerns were expressed about cumulative effects and the contribution of emissions allowed under the site-specific standard.

Glencore’s site-specific standard approval and Action Plan implementation require the facility to take actions to reduce sulphur dioxide emissions from operations and continue to reduce as the facility completes the implementation of the Action Plan. With the closure of the Kidd smelting complex more than 10 years ago and the emission reductions required by this site-specific standard, the ministry expects that cumulative levels of sulphur dioxide in the vicinity of the facility will be reduced as the Action Plan is implemented.

Comment: Concerns were expressed that a site-specific standard of 690 micrograms per cubic metre will impact indigenous traditional land.

While it is understood that modelled concentrations under maximum emission scenario represent an unlikely operating scenario, the ministry has assessed Glencore’s potential impact under this scenario and expects that actual impacts on indigenous lands will be less than predicted and continue to reduce as the facility completes the implementation of its Action Plan. Glencore is expected to comply with Ontario’s 1-hour sulphur dioxide air standard at all locations off-property at the completion of its Action Plan.

Glencore is required to continue the monitoring and reporting of emissions to the ministry and implement all the measures indicated in its Action Plan to minimize sulphur dioxide emissions.

Comment: Concerns were expressed about the feasibility of the implementation of the Action Plan.

Implementation of Glencore’s Action Plan will be overseen by the ministry’s Timmins District Office. Also, Glencore is required to provide an Annual Report detailing their progress made each year in implementing the Action Plan which will be made public on Glencore’s website.

Comment: Glencore’s site-specific standard approval should be for a period shorter than five years.

The local air quality regulation sets out that site-specific standards are approved for a minimum period of five years, but no longer than ten years. This is intended to allow time for facilities to implement and assess their Action Plan.

The implementation of Glencore’s Action Plan will reduce almost all of the sulphur dioxide emissions from the facility and the facility is expected to comply with the sulphur dioxide air standard with the completion of the Action Plan.

A condition has been added to Glencore’s site-specific standard approval requiring that the installation of the filter press project commence no later than December 31, 2026. This is to increase transparency regarding this project.

Comment: Approval of site-specific standard should be denied based on “public interest consideration”- s.35(1)(b)(iii) of O. Reg. 419/05.

In approving Glencore’s site-specific standard, the Director considered the efforts made by Glencore to date and future actions to reduce sulphur dioxide emissions and anticipates that Glencore’s contributions of sulphur dioxide to the local air will be significantly reduced over the duration of the site-specific standard approval. Glencore is currently evaluating options related to production from its Kidd Mine which will also affect future operations of the Kidd concentrator facility. Should mine operations be extended, Glencore will:

• continue operating the concentrator facility
• replace the existing dryers with a new filtration process that would significantly reduce sulphur dioxide emissions from the facility

A decision to end production from the Kidd Mine would likely result in:

• closure of the of the concentrator facility
• the elimination of sulphur dioxide emissions from these operations

Comment: The submission and public consultation did not provide explanations about the harmful effects of sulphur dioxide and did not include a human health impact study.

The local air quality regulation does not require the submission of a human health impact study as part of a request for site-specific standards. Glencore’s public meeting did include information about sulphur dioxide and potential impacts which was presented on the poster boards at the meeting and included in the public consultation report submitted to the ministry. This report also outlined the proceedings at the public meeting and comments received by Glencore during the meeting. The report indicates that participants asked questions (answers were provided) about the potential health impact at different receptors and expressed concerns. Some health concerns also referred to other contaminants and impacts such as particulate matter and indoor air quality. Participants did not request that the ministry refuse to issue a site-specific standard to Glencore.

Further information on Ontario’s current sulphur dioxide standards and the rationale for setting these standards is available at the below link:

Regulatory amendments related to air emissions of sulphur dioxide and other items | Environmental Registry of Ontario

Comment: Replacing dryers with filter presses is Glencore’s option, yet they “indicate reluctance to implement it” and no economic feasibility report was included.

Under the local air quality regulation, the submission of an economic feasibility report as part of a site-specific standard request is not mandatory. Glencore’s submissions to the ministry indicate that the installation of the filter presses at the facility is the preferred option and will proceed following a decision to extend the life of the Kidd mine. A condition has been added to Glencore’s site-specific standard approval requiring that the installation of the filter press project commence no later than December 31, 2026. This is to increase transparency regarding this project.

Comment: Glencore did not demonstrate that 690 micrograms per cubic metre (1h) is the smallest deviation from the air standard.

Glencore’s submission indicates that for a maximum emission scenario (all dryers operating simultaneously and continuously for five years) the maximum off-property concentration of sulphur dioxide is 658 micrograms per cubic metre.

Although this is an unlikely production scenario and not reflective of current operations, Glencore’s site-specific standard was set at 690 micrograms per cubic metre to ensure all possible operation al scenarios could be accounted for. Glencore’s site-specific standard requires the company to continue to monitor sulphur dioxide emissions from the facility and to implement changes to the current drying equipment to minimize sulphur dioxide emissions.

Comment: “The purpose of s. 35(1)(b)(ii) is to ensure that facilities are taking steps to lower their emissions”.

The site-specific standard approval process follows the ministry’s framework for managing risk, which was developed in consultation with Ontario public health agencies and other stakeholders. The process sets out the need for timely action to be taken to reduce emissions, where necessary, from key sources of a contaminant, thereby reducing risks to local communities. Sometimes significant investments may be needed to keep pace with new or updated regulatory requirements.

A site-specific standard approved by the ministry can allow a facility the time needed to assess and implement technology or operational adjustments to improve their environmental performance within an approved timeframe. It is expected that levels of sulphur dioxide in the vicinity of the Glencore Concentrator facility will be significantly reduced at the expiry of this site-specific standard approval.

Comment: Glencore didn’t take any action during the 5-year phase-in period for the new sulphur dioxide air standard (2018-2023).

During this period, Glencore reduced the impact of sulphur dioxide emissions by operating only two of the four dryers at the facility at any given time. Glencore also raised the elevation of the dryer stacks to improve dispersion. Replacement of the existing drying equipment with new equipment that will eliminate sulphur dioxide emissions from this operation and will be undertaken once a decision is made to extend production at the Kidd Mine.