NOVA Chemicals (Canada) Ltd. / NOVA Chimie (Canada) Ltee. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
013-4596
Ministry reference number
3032-B7MM6D
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
January 28, 2019 - March 14, 2019 (45 days) Closed
Last updated

This consultation was open from:
January 28, 2019
to March 14, 2019

Decision summary

A Notice of Amendment on Environmental Compliance Approval (Air & Noise) No. 8-1231-90-987 has been issued to Nova Chemicals (Canada) Inc.

Location details

Site address

510 Moore Line
Mooretown, ON
N0N 1M0
Canada

Site location map

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

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Proponent(s)

NOVA Chemicals (Canada) Ltd. / NOVA Chimie (Canada) Ltee.
Post Office Box Delivery 3042
Sarnia, ON
N7T 8C9
Canada

Decision details

Decision on instrument

A Notice of Amendment on Environmental Compliance Approval (Air & Noise) No. 8-1231-90-987 has been issued to Nova Chemicals (Canada) Inc. The polyethylene manufacturing facility is located in St. Clair, Ontario and has a current maximum production rate of 30 tonnes for low density polyethylene per hour.

The Notice of Amendment is for a new maximum low density polyethylene production rate of 350 ktonnes per year.

Emissions to the atmosphere include:

  • tet-butyl peroxy-2-ethylhexanoate
  • tert-butyl peroxyneodecanoate
  • particulate matter
  • sulphur dioxide
  • volatile organic compounds such as benzene; ethylene and isopropyl alcohol

The attached document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version.

Comments received

Through the registry

1

By email

0

By mail

1
View comments submitted through the registry

Effects of consultation

One written submission of comments was received on March 14, 2019 by the ministry.

One electronic submission of comments was received on March 14, 2019. The comments relevant to air approval (Section 9 under the Environmental Protection Act) are outlined below:

Summary of comment

(1) NOVA Chemicals proposed polyethylene production increase would lead to significant exceedances of the new sulphur dioxide emission standard.

NOVA Chemicals should be required to comply with the new sulphur dioxide standard now.

The Ministry should take reasonable steps to consider its Statement of Environmental Values.

(2) The Ministry has not considered the cumulative effects of NOVA Chemicals proposed polyethylene production increase.

(3) (a)The Ministry must require NOVA Chemicals to comply with the Boilers Regulation (Reg. 338) before permitting the proposed polyethylene production increase.

(3) (b)The Ministry should impose the 1% sulphur content limit in the fuel oil burned by the boilers even if the boilers are grandfathered.

Ministry's Response

(1) The proposed polyethylene production increase is realized through the removal of bottlenecks and increase of operating efficiencies. There are no new air contaminant emission sources introduced or modifications to existing emission sources that will introduce new contaminants. The contaminant point of impingement concentrations have been estimated to be unchanged from the current levels. Therefore, the assessed environmental impact will not increase from the current level due to the proposed production increase.

The Ministry has conducted a technical assessment on the application for an Environmental Compliance Approval (Air & Noise) for the proposed polyethylene production increase. The main purpose of the technical assessment is to ensure the proposal comply with the Environmental Protection Act, Reg. 419 and any other regulations, policies and guidelines relevant to air approval. The technical assessment has determined that the emission of sulphur dioxide from the proposed facility complies with its current standard in Reg.419. Therefore, the proposal complies with requirement for sulphur dioxide stipulated in Reg.419. As stated in Reg. 419, the new sulphur dioxide standard will be effective on July 1, 2023. NOVA Chemicals is not required to comply with the new sulphur dioxide standard until it becomes effective. However, NOVA Chemicals is fully aware of the new sulphur dioxide standard and committed to comply with the new standard when it comes into effect.

Through the standard setting and environmental compliance approval processes, the Ministry takes into consideration of the Statement of Environmental Values before a decision is made. The environmental compliance approval also sets out legally enforceable rules of operation. These rules are designed to protect the environment from emissions of contaminants, discharges and wastes produced by operations in Ontario. The review of this application includes an assessment of how the proposed works and operations have been designed to limit the emission of contaminants to a level that does not cause an adverse effect, such as environmental harm.

(2) The Ministry has considered the cumulative effects of the proposal in accordance with the Ministry’s policy on “Cumulative Effects Assessment (CEA) in Air Approvals. NOVA Chemicals proposal has met the criteria of the policy.

(3) (a)According to Section 2.(1)(a) & (b) of Reg. 338, the requirements of the regulation apply to boilers first put into operation after Reg. 338 effective date of November 5, 1999. The boilers at NOVA Chemicals Moore Facility were constructed and operated before November 5, 1999. No modifications have been made to the boilers. Therefore, the requirements of Reg. 338 do not apply to the boilers.

(3) (b)Sulphur in the fuel burned by the boilers is discharged to the air in the form of sulphur dioxide. Sulphur dioxide emission is regulated by Reg. 419. The technical assessment conducted by the Ministry has determined that the sulphur dioxide emission complies with its standard/limit set out in Reg. 419. Therefore the environmental impact of sulphur in the boiler fuel in the form of sulphur dioxide emission is within the regulatory required level.

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.

Environmental Approvals Access and Service Integration Branch
Address

135 St. Clair Avenue West
1st floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Sarnia District Office
Address

1094 London Road
Sarnia, ON
N7S 1P1
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 22, 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:

  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
Jeffrey McKerrall
Manager

Environmental Assessment and Permissions Branch
135 St Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

416-314-8302

Proponent(s)

NOVA Chemicals (Canada) Ltd. / NOVA Chimie (Canada) Ltee.
Post Office Box Delivery 3042
Sarnia, ON
N7T 8C9
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
013-4596
Ministry reference number
3032-B7MM6D

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
013-4596
Ministry reference number
3032-B7MM6D
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

January 28, 2019 - March 14, 2019 (45 days)

Proposal details

Description of instrument

This proposal is to amend Environmental Compliance Approval (Air & Noise) No. 8-1231-90-987 issued to Nova Chemicals (Canada) Inc. The polyethylene manufacturing facility is located in St. Clair, Ontario and has a current maximum production rate of 30 tonnes for low density polyethylene per hour.

Approval is sought for a new maximum low density polyethylene production rate of 350 ktonnes per year.

Emissions to the atmosphere include:

  • particulate matter
  • sulphur dioxide and
  • volatile organic compounds such as benzene, ethylene.

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.

Environmental Approvals Access and Service Integration Branch
Address

135 St. Clair Avenue West
1st floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Sarnia District Office
Address

1094 London Road
Sarnia, ON
N7S 1P1
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from January 28, 2019
to March 14, 2019

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