NORPROP Limited - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-0636
Ministry reference number
6569-BFNMW7
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 27, 2019 - November 18, 2019 (50 days) Closed
Last updated

This consultation was open from:
September 27, 2019
to November 18, 2019

Decision summary

An Environmental Compliance Approval with Limited Operational Flexibility (Air) was granted to NORPROP Limited, a zinc galvanizing facility located in North Bay, Ontario.

Location details

Site address

35 Roundel Road
North Bay, ON
P1B 8G2
Canada

Site location map

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

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Proponent(s)

NORPROP Limited
35 Roundel Road
North Bay, ON
P1C 0B8
Canada

Decision details

A new Environmental Compliance Approval with Limited Operational Flexibility (Air) was granted to NORPROP Limited, a zinc galvanizing facility located in North Bay, Ontario.

The approval includes all emission sources at the facility including:

  • pre-treatment processes consisting of degreasing, rinsing, pickling and fluxing tanks
  • galvanizing keetle
  • quenching and passivation operations
  • ancillary operations such as acid handling and storage
  • equipment and systems for the control of air emissions at the facility such as fume collection and extraction system, baghouse and scrubber

Emissions to the air expected from this facility include hydrogen chloride, particulate matter, zinc oxide, zinc chloride, ammonia, ammonium chloride, chromium and products of combustion such as nitrogen oxides.

The Environmental Compliance Approval (Air) with Limited Operational Flexibility requires that the company demonstrates compliance on an ongoing basis with Ontario Regulation 419/05, applicable ministry guidelines for Air and Noise and other performance requirements as specified in their conditions. It permits modifications such as process changes, de-bottlenecking or addition of new equipment, subject to limits on operational flexibility, that include a production limit for the facility specified in the approval.

The limited operational flexibility conditions have a ten years expiry date. The company is required to make an application for amendment at that time to renew these conditions. Of specific public interest, one condition that is included in the approval requires the company to make available, at all times, at the facility for inspection by interested members of the public a table (Emission Summary Table) that documents the facility’s compliance with Ontario Regulation 419/05.

Comments received

Through the registry

5

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 on this proposal.

A summary of concerns in the comments received and ministry responses are as follows:

Concern #1
Concern on the completeness of technical information to support the proposal.

Response
The proposal was reviewed by the ministry to confirm that, based on the information submitted with the application and the additional information that was requested and received during the ministry technical review, it demonstrated compliance with the applicable ministry requirements.

Concern #2
Concern on potential emissions due to upsets and malfunctions of the operations.

Response
The approval includes terms and conditions to require the proponent to implement procedures to manage spills. The Environmental Protection Act also includes requirements for spills management.

Concern #3
Concerns about the qualifications, operating record and security aspects of the proponent.

Response
Proponent qualifications and security aspects are not governed by Section 9, Environmental Protection Act and Ontario Regulation 419/05 under which this air approval has been granted.

Concern #4
Concern regarding potential impacts of the air emissions on surface and ground water bodies and foliage near the facility.

Response
The ministry assesses the maximum predicted ground level concentrations of air contaminants due to facility emissions against the ministry air standards and guidelines. These standards and guideline values for air contaminants are set by the ministry considering effects on human health and the natural environment. The maximum ground level concentrations for this proposal were found to comply with the ministry air standards and guidelines.

Concern #5
Concerns on the air and noise emissions from the facility and their impacts.

Response
The proponent has demonstrated that the proposed facility, when properly operated and maintained, would be in compliance with the ministry’s applicable air and noise requirements, namely Regulation 419/05: Air Pollution – Local Air Quality and NPC-300 noise guideline. Terms and conditions have been included in this approval for:

  • operation and maintenance of the equipment
  • conducting stack testing for verification of air emissions
  • conducting an acoustic audit for verification of noise impacts
  • complaints response and reporting
  • documentation and record keeping

Concern #6
Concerns on the time the public had to submit comments to the ministry and the amount of information included in the Environmental Registry posting.

Response
The proposal was posted on the Environmental Registry in accordance with the Environmental Bill of Rights, 1993. The proposal posting included a summary of the proposal and supporting information was available to the public for review at the Environmental Permissions Branch and the local office of the ministry.

Concern #7
Concerns about the facility's location and zoning, impacts on local traffic and land remediation.

Response
Municipal zoning, local traffic and site remediation are not within the jurisdiction of this approval.

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 October 1, 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
Rudolf Wan
Manager - Air Approvals

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

416-992-4379

Proponent(s)

NORPROP Limited
35 Roundel Road
North Bay, ON
P1C 0B8
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
019-0636
Ministry reference number
6569-BFNMW7

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
019-0636
Ministry reference number
6569-BFNMW7
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 27, 2019 - November 18, 2019 (50 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 and includes the addition of new, or historically unapproved, sources for all emissions from NORPROP Limited, a zinc galvanizing facility located in North Bay, Ontario.

The application includes all sources at the facility, including emissions from the coating, engraving, and cold and heat treating processes. Emissions to the air from this facility include nitrogen oxides, hydrogen chloride, particulate matter and noise.

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.

Comment

Commenting is now closed.

This consultation was open from September 27, 2019
to November 18, 2019

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