2534929 Ontario Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-0528
Ministry reference number
4661-BFEPVW
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
September 9, 2019 - October 24, 2019 (45 days) Closed
Last updated

This consultation was open from:
September 9, 2019
to October 24, 2019

Decision summary

An Environmental Compliance Approval with Limited Operational Flexibility (Air & Noise) has been issued to 2534929 Ontario Inc., which replaces all the current Environmental Compliance Approvals for Air at this facility and includes the addition of new, or historically unapproved, sources for all emissions from 2534929 Ontario Inc.

Location details

Site address

2815 14th Avenue
Markham, ON
L3R 0H9
Canada

Site location map

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

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Proponent(s)

2534929 Ontario Inc.
2815 14th Avenue
P.O. Box 1480
Markham, ON
L3R 0H9
Canada

Decision details

An Environmental Compliance Approval with Limited Operational Flexibility (Air & Noise) has been issued to 2534929 Ontario Inc., which replaces all the current Environmental Compliance Approvals for Air at this facility and includes the addition of new, or historically unapproved, sources for all emissions from 2534929 Ontario Inc., a hot-mix asphalt plant located in the City of Markham, Ontario.

The approval includes all sources at the facility, including:

  • the receiving
  • storage
  • processing and shipping of aggregate
  • recyclable materials and asphalt cement
  • aggregate drying and hot-mix asphalt production
  • storage and shipping
  • emissions from all other supporting processes and equipment at the site

Emissions to the air from this facility include:

  • nitrogen oxides
  • particulate matter
  • sulphur dioxide
  • carbon monoxide
  • arsenic
  • lead

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.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Comments received were reviewed and, where appropriate, were considered in the ministry’s decision whether or not to proceed with this proposal.

In this case, the comments are consistent with concerns within the ministry and as a result terms and conditions were added. These terms and conditions do not represent all conditions in the approval, but are those related to the comment on the proposal.

Comments Summary:

Concerns raised included:

  1. what are the containments from emissions to the air from this facility; and
  2. the environmental and health impacts from the emissions of the facility on the building close to the site.

Ministry's Response:

  1. Emissions to the air from this facility include nitrogen oxides from the natural gas combustion, particulate matter from the aggregate processing, low level of hydrocarbon and metal from the use of asphalt cement. The representative substances for hydrocarbon include: benzene, naphthalene and benzo(a)pyrene; and the representative substances for metal arsenic, nickel and lead.
  2. The applicant has demonstrated compliance of the facility with all applicable air & noise emission requirements under section 9 of the Environmental Protection Act (EPA).
  3. The following terms and conditions have been included in the Approval to address the concerns of the commenter:
  1. DOCUMENTATION REQUIREMENTS Conditions;
  2. OPERATION AND MAINTENANCE Conditions;
  3. COMPLAINTS RECORDING AND REPORTING Conditions
  4. FUGITIVE DUST CONTROL Conditions
  5. RECORD KEEPING REQUIREMENTS 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.

How to Appeal

This instrument decision can be appealed. You have 15 days from August 5, 2020 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
Bahar Aminvaziri
Manager

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

416-314-7974

Proponent(s)

2534929 Ontario Inc.
2815 14th Avenue
P.O. Box 1480
Markham, ON
L3R 0H9
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
019-0528
Ministry reference number
4661-BFEPVW

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
019-0528
Ministry reference number
4661-BFEPVW
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 9, 2019 - October 24, 2019 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval with Limited Operational Flexibility (Air) which replaces all the current Environmental Compliance Approvals for Air at this facility including the addition of new or historically unapproved sources for all emissions from 2534929 Ontario Inc., a hot-mix asphalt plant located in the City of Markham, Ontario.

The application includes all sources at the facility, including the receiving, storage, processing, and shipping of aggregate, recyclable materials, and asphalt cement, aggregate drying, and hot-mix asphalt production, storage and shipping, as well as emissions from all other supporting processes and equipment at the site. Emissions to the air from this facility include nitrogen oxides, particulate matter, sulphur dioxide, carbon monoxide, arsenic, and lead.

The new 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.

Comment

Commenting is now closed.

This consultation was open from September 9, 2019
to October 24, 2019

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