This consultation was open from:
October 18, 2018
to December 2, 2018
Decision summary
We have approved an amended Environmental Compliance Approval No.0024-BFQK2S with Limited Operational Flexibility (Air), which replaces all the current ECA's for Air at this CRH Canada Group Inc., for Dufferin Concrete Hamilton facility.
Location details
Site address
886 Nebo Road
Hamilton,
ON
L0R 1P0
Canada
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
CRH Canada Group Inc.
2300 Steeles Avenue West
Vaughan,
ON
L4K 5X6
Canada
Decision details
On October 7, 2019 we approved an amended Environmental Compliance Approval No.0024-BFQK2S with Limited Operational Flexibility (Air) which replaces all the current ECA for Air at this facility. The new ECA includes the addition of new, or historically unapproved, sources for all emissions from CRH Canada Group Inc., for Dufferin Concrete Hamilton facility, producing ready-mix concrete, located at 886 Nebo Road in the City of Hamilton, Ontario.
The approval includes all sources at the facility, including delivery of raw materials, production and shipping, concrete batching activities, and maintenance activities.
Emissions to the air from this facility include:
- total suspended particulate
- calcium carbonate
- calcium oxide
- calcium sulfate
- crystalline silica
- nitrogen oxides
- portland cement
- slag
The ECA 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.
Effects of consultation
Comments received were reviewed and, where appropriate, were considered in our decision whether or not to proceed with this proposal.
In this case, comments were consistent with concerns within the ministry and, as a result, terms and conditions were added. These conditions do not represent all conditions imposed on the instrument holder, but rather those that are directly in line with comments received.
The applicant has demonstrated that when operated in accordance with this approval, the air and noise emissions from the approved equipment would be in compliance with this ministry’s applicable acts, regulations and guidelines, specifically, s.9 of the Environmental Protection Act, O.Reg. 419/05: Air Pollution: Local Air Quality and noise guidelines, including ministry air quality standards and guidelines.
A concern about TSP and silica monitoring was received and considered in the review. A conservative approach to estimate the emissions of particulate matter, silica, and NOx presented in the applications has demonstrated that the facility could meet the ministry’s air quality standards and guidelines. The applicant is required to maintain and update an effective dust management plan to ensure ongoing control of fugitive emissions as necessary and/or directed by the District Office.
A concern about cumulative effects of TSP-generating facilities in the area was received and considered in the review. Since TSP is out of scope of the cumulative effect assessment policy and its estimated ground level concentrations are below the standards, the BMPP is deemed sufficient to address the concern.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from October 9, 2019 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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
CRH Canada Group Inc.
2300 Steeles Avenue West
Vaughan,
ON
L4K 5X6
Canada
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
Include the following:
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.
Connect with us
Contact
Application Assessment Officer
Original proposal
Proposal details
This proposal is for an amended Environmental Compliance Approval with Limited Operational Flexibility (Air) which replaces all the current Environmental Compliance Approvals for Air and includes the addition of new or historically unapproved sources for all emissions from CRH Canada Group Inc., for Dufferin Concrete Hamilton facility, producing ready-mix concrete, located at 886 Nebo Road in the City of Hamilton, Ontario.
The application includes all sources at the facility, including:
- delivery of raw materials
- production and shipping
- concrete batching activities
- maintenance activities
Emissions to the air from this facility include:
- total suspended particulate
- calcium carbonate
- calcium oxide
- calcium sulfate
- crystalline silica
- nitrogen oxides
- portland cement
- slag
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from October 18, 2018
to December 2, 2018
Comments received
Through the registry
1By email
0By mail
0