Woolwich Bio-En Inc. - Renewable energy approval

Instrument type: Renewable energy approval

ERO number
019-0984
Ministry reference number
0351-BHMSAY
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
December 20, 2019 - February 3, 2020 (45 days) Closed
Last updated

This consultation was open from:
December 20, 2019
to February 3, 2020

Decision summary

We amended Renewable Energy Approval No. 6428-8LGLBH for the Woolwich Bio-En Inc. Anaerobic Digestion Facility, located at 50 Martin’s Lane in the Township of Woolwich, Regional Municipality of Waterloo.

Location details

Site address

50 Martin's Lane
Woolwich, ON
N3B 2A1
Canada

Site location details

Lots 18 and 89

Site location map

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

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Proponent(s)

Woolwich Bio-En Inc.
35 Earl Martin Drive
Woolwich, ON
N3B 3L4
Canada

Decision details

On October 21st, 2020, we amended the renewable energy approval for the Woolwich Bio-En Inc. Anaerobic Digestion Facility. This Class 3 Anaerobic Digestion facility generates 2.85 megawatts of electricity and 3.02 megawatts of heat from the biogas produced from a variety of organic materials, including, but not limited to the following:

  • source separated organics
  • organics from food processing facilities, grocery stores, food distribution companies, and milling facilities
  • livestock manure
  • glycerol
  • kitchen waste
  • fats, oil, and grease
  • renewable energy crops (i.e., corn silage)
  • organic solids skimmed from dissolved air flotation tanks

The facility includes an operations building and a processing building. The operations building houses the reciprocating engines and other equipment to perform facility operations and control. The processing building receives organic materials and contains equipment to prepare and blend the organic material prior to being fed into the anaerobic digestion equipment.

The facility uses three pre-treatment tanks, two main digester tanks and one repository tank to generate and store biogas. The biogas is combusted in reciprocating engines to produce renewable heat and power.

The facility is expected to emit air contaminants including products of combustion, volatile organic compounds and potentially odour; however, the facility has been designed with state-of-the-art emissions control equipment (i.e. a biofilter) to mitigate the potential emissions of air contaminants and odour from activities including organic unloading, processing and digestate loading.

The following changes have been approved as part of this amendment:

  1. Increased annual tonnage from 70,000 tonnes to 110,000 tonnes per year
     
    The ministry has approved an increase in the annual tonnage accepted to 110,000 tonnes; however, there has been no change to the approved maximum daily tonnage of 750 tonnes per day.
     
  2. Increased production rate of biogas purification from 127 m3/h to 1,000 m3/h
     
    The ministry has approved the installation of a larger capacity biogas upgrading system to produce 1,000 m3/h of renewable natural gas (biomethane). This will allow the facility to utilize as much of the biogas produced, instead of flaring biogas that cannot be combusted in the existing cogeneration unit.

  3. Change in truck movements from 80 trucks to 160 truck movements per day
     
    The truck traffic assessed in the previously approved application was for the facility to allow for a maximum of eighty trucks per day (i.e., 160 in-and-out movements). This intent was misinterpreted in Condition 39 (3) of the Renewable Energy Approval issued on March 26, 2012.
     
    The ministry has reviewed the details and amended Condition 39 (3) to allow no more than 160 truck movements per day (i.e., eighty trucks entering and exiting) at any time during 6:00 a.m. to 11:00 p.m.

  4. Modifications to the air handling system in the gas domes
     
    The ministry has approved the changes to the existing gas domes located on top of the Main Digestion, Secondary Digestion and Repository Tanks to add double membrane covers.
     
    This change is not expected to alter the biofilter performance as there would be no change to the air flow through the biofilter.
     
  5. Comprehensive approval with operational flexibility
     
    In consideration that there is little local community concern with respect to the operation of the facility since it was established more than 6 years ago, the ministry has provided some operational flexibility within this approval, to allow Woolwich Bio-En Inc. the ability to make minor modifications that improve operations without any significant environmental impact. The operational flexibility includes the flexibility for allowable waste types, as well as the flexibility to modify the existing biofilter within its design empty bed residence time.
     
    Conditions have been included that ensure that this operational flexibility does not lead to any adverse effect and does not negatively impact the biofilter, and the anaerobic digester (i.e., the health of the digester, etc.).
     
  6. Allowance to ship cleaned, de-packed slurry to another anaerobic digestion facility
     
    The ministry has approved the ability for the Woolwich Bio-En Inc. Anaerobic Digestion Facility to ship clean, de-packed slurry to other licensed facilities for final processing, at a maximum amount of 425 tonnes per day, effectively operating as a processing and transfer facility. The facility has the capacity to support off-site transfers and there will be no further increase of on-site traffic associated with these processes.
     
  7. Changes to allowable waste types
     
    As part of this amendment, the ministry has included a more general description of waste material accepted at the facility to allow some flexibility of feedstock materials received.
     
    Being able to accept new types of biomass increases the flexibility of waste received at the facility. This will prevent one-off loads of spoiled or off-spec food processing waste, warehousing wastes or retail packaged wastes from being sent to a landfill and will help fulfill the ministry’s desire to increase the diversion of commercial organics materials from disposal in landfills.

Note: The October 29, 2019 amendment application also proposed the addition of propylene glycol to the allowed feedstock list; however, this addition has since been removed from the amendment application. The applicant is no longer requesting propylene glycol as a feedstock.

The ministry requested that Woolwich Bio-En Inc. hold a public meeting to consult on the proposed changes. A public meeting was held in Elmira on January 29, 2020.

This amendment has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and the Renewable Energy Approvals Regulation (Ontario Regulation 359/09).

Comments received

Through the registry

10

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

All comments received were reviewed by the ministry and considered during the review of the application. A summary of these comments and how they were considered is discussed below:

Comments Summary

General concerns regarding anaerobic digestion facilities

Our response: The Ministry of the Environment, Conservation and Parks is committed to seeing that renewable energy facilities are developed in a way that is protective of human health and the environment.

Each renewable energy approval application accepted by the Ministry of the Environment, Conservation and Parks is carefully reviewed by a team of inter-ministerial experts that includes project evaluators, engineers, scientists, and technical experts from the Ministry of the Environment, Conservation and Parks, the Ministry of Heritage, Sport, Tourism and Culture Industries, and the Ministry of Natural Resources and Forestry. The review team ensures that the application satisfies all regulatory requirements; reviews all submitted reports, including the Consultation Report; and, considers all comments submitted to the ministry prior to making a decision on the application.

The operator of a renewable energy facility must ensure that the facility is developed on a property that meets all regulatory requirements and that the operation of the facility has mitigation measures in place for any potential impacts to human health and the environment. When a renewable energy facility is approved and built to the approved specifications, it must comply with the terms and conditions of the renewable energy approval. Any non-compliance with the terms and conditions of the renewable energy approval including, but not limited to, the emission of offensive odours will be subject to abatement measures by the Ministry of the Environment, Conservation and Parks, which include issuing tickets, orders and finally prosecution.

Concerns related to an increase in truck traffic

Our response: A Ministry of the Environment, Conservation and Parks senior noise engineer has reviewed the Acoustic Assessment Report provided by the applicant. The senior noise engineer has confirmed that the facility will meet the noise standards for anaerobic digestion facilities. Further, the Acoustic Assessment Report and the facility have met the requirements of Ontario Regulation 359/09.

As part of the renewable energy approval, there is a condition which limits the number of trucks allowed entering and exiting the facility during specified time periods. The condition requires the company to ensure that there are no more than twenty truck movements per hour (i.e., ten trucks entering and exiting), at the facility at any time between 7:00 a.m. and 7:00 p.m. The condition also requires that there be no more than one hundred and sixty truck movements per day (i.e., eighty trucks entering and exiting), at the facility at any time between 6:00 a.m. to 11:00 p.m.

Concerns related to impacts on Mennonite culture

Our response: Potential impacts on Mennonite culture were considered in the Heritage Assessment Report included as part of the original application for approval. The Ministry of Heritage, Sport, Tourism and Culture Industries provided a letter indicating that they are satisfied with the heritage assessment.

Concerns related to public consultation

Our response: The Ministry of the Environment, Conservation and Parks requested that Woolwich Bio-En Inc. hold a public meeting to consult on the proposed changes included in this amendment application. A public meeting was held in Elmira on January 29, 2020.

The Ministry of the Environment, Conservation and Parks received comments regarding consultation and signage at the facility. While mandatory consultation requirements are specified in Ontario Regulation 359/09, it is not prescriptive in regards to the techniques or methods used. The Ministry of the Environment, Conservation and Parks has reviewed the proponent’s consultation activities and is satisfied that the requirements of Ontario Regulation 359/09 have been fulfilled.

Concerns related to water and waste

Our response: Everything that Woolwich Bio-En Inc. does, including receiving and handling of feedstocks, must be done in a way that does not have a significant environmental impact on the surrounding community. No new environmental impacts are expected as a result of any change in feedstock rules or volume. Woolwich Bio-En Inc. already processes both liquid and solid wastes every day and continues to ensure that limits with respect to odour and noise limits are met, with no exceedances.

Concerns related to emergency plans

Our response: The renewable energy approval for the Woolwich Bio-En Inc. facility includes a condition which requires Woolwich Bio-En Inc. to prepare an Emergency Response and Contingency Plan in consultation with the Ministry of the Environment, Conservation and Parks District Manager, the local municipality, and the local fire department.

A current version of this plan must be kept at the facility at all times, in a central location available to all facility staff, and a copy must be submitted to the Ministry of the Environment, Conservation and Parks District Manager, the local municipality and the local fire department.

Concerns related to impacts on property values

Our response: The Ministry of the Environment, Conservation and Parks and the Ministry of Energy, Northern Development and Mines are not aware of any evidence that bioenergy facilities have negative effects on property values. The Ministry of the Environment, Conservation and Parks will continue to monitor research and literature on this issue and may modify our practices accordingly.

Out of scope comments

Our response: Comments were received that were not project-specific or were related to government policy, or the regulatory framework. As these comments do not pertain to the project, the Ministry of the Environment, Conservation and Parks did not consider these comments in the decision-making process.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Guelph District Office
Address

1 Stone Road West
Floor 4
Guelph, ON
N1G 4Y2
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from October 22, 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 appeal this Renewable Energy Approval by submitting a notice of appeal to the Environmental Review Tribunal (ERT).

The ERT usually has to issue their decision within six months of receiving your notice.

Notice of Appeal

To appeal this decision you need to do these three things:

  1. prepare an 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 two things in your application:

1. A document that includes:

  • your name, mailing address, phone number and/or email address
  • the name and address of anyone representing you
  • the ERO number and ministry reference number (located on this page)
  • that you’re appealing a decision about a Renewable Energy Approval
  • the parts of the Renewable Energy Approval that you’re challenging
  • how this project could cause serious harm to human health
  • how this project could cause serious and irreversible harm to plant life, animal life or the natural environment
  • the issues and facts you plan to present at the hearing
  • the outcome you’d like to see
  • whether you’ll request that the decision be postponed (i.e. seek a stay)

2. A copy of the decision (i.e. Renewable Energy Approval) that you’re appealing. You’ll find this in the decision notice on the Environmental Registry.

What is considered

The only grounds for appealing a Renewable Energy Approval are that engaging in the project in accordance with the Renewable Energy Approval will either:

  • cause serious harm to human health
  • cause serious and irreversible harm to plant life, animal life or the natural environment

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re appealing this decision. Please include a brief description of the:

  • decision that you wish to appeal
  • grounds for your appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3

3. Mail your application

You’ll need to mail your package 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
Mohsen Keyvani
Manager

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

416-432-7253

Proponent(s)

Woolwich Bio-En Inc.
35 Earl Martin Drive
Woolwich, ON
N3B 3L4
Canada


Appellate body

Secretary, Environmental Review Tribunal
655 Bay Street, Floor 15
Toronto, Ontario M5G 1E5
Phone: (416) 212-6349
Toll Free Phone: (866) 448-2248
Fax: (416) 326-5370


Include the following:

ERO number
019-0984
Ministry reference number
0351-BHMSAY

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
019-0984
Ministry reference number
0351-BHMSAY
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

December 20, 2019 - February 3, 2020 (45 days)

Proposal details

This proposal is to amend REA # 6428-8LGLBH to:

  1. increase the annual tonnage of biomass (i.e. solid or liquid organic waste) used in the anaerobic digestion process from 70,000 tonnes to 110,000 tonnes per year
  2. increase the rate of purification of biogas (produced from the anaerobic digestion process) from 127 m3/hour to 1,000 m3/hour using a new system
  3. increase the allowable truck traffic to 160 truck movements (80 trucks) per day
  4. modify the air handling system in the gas domes (used to collect biogas) to address historical odour issues at the site
  5. ship clean, de-packed slurry to licensed facilities for final processing
  6. provide allowance to accept new types of biomass at the facility
  7. obtain limited operational flexibility in certain aspects of the operations

In addition, administrative changes are requested to the REA including an address change, and changes to remove conditions that reference equipment that has not been constructed. 

In accordance with section 15.1 and 15.2 of Ontario Regulation 359/09, Woolwich Bio-En Inc. is required to:

  1. post the submitted REA amendment application and supporting documentation on their website (http://www.bio-enpower.com/)
  2. publish a notice in the local newspaper to advise the public that the proposal is open for comment on the Environmental Registry of Ontario

If you have any questions, or would like to submit your comments, please do so by contacting Client Services and Permissions Branch listed under the ‘contact’ section below. Additionally, you may submit your comments online.

All comments received prior to [insert date] will be considered as part of the decision-making process for this REA amendment.​​​​​

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Guelph District Office
Address

1 Stone Road West
Floor 4
Guelph, ON
N1G 4Y2
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from December 20, 2019
to February 3, 2020

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