Glencore Canada Corporation - Approval of a site-specific air standard

Proponent

Glencore Canada Corporation
Sudbury Integrated Nickel Operations Smelter
2 Longyear Drive
Falconbridge, ON
P0M 1S0
Canada

Location details

2 Longyear Drive
Falconbridge, ON
P0M 1S0
Canada

To see the site location on a map, refer to the instrument proposal under ERO# 019-0856

Instrument decision details

Glencore Canada has a site-specific standard for cadmium of 0.19 micrograms per cubic metre (24-hour average). This standard was originally approved in January 2013 and has an expiry date of July 31, 2020.

In April 2018, Glencore applied for a new cadmium site-specific standard of:

• 0.180 micrograms per cubic metre (24-hour average) from August 1, 2020 until December 2021
• 0.061 micrograms per cubic metre (24-hour average) thereafter from January 1, 2022 until July 31, 2030

Glencore’s request was reviewed by the ministry and the proposal along with the draft cadmium site-specific standard approval was posted on the Environmental Registry on May 8, 2020 for a 45-day public comment period (ERO# 019-0856).

The comments received were considered and the ministry has approved Glencore’s request for a site-specific standard for cadmium under subsection 35(1) of the Local Air Quality Regulation (O. Reg. 419/05). The cadmium site-specific standard approval is attached to this notice.

Review of the request

A review of the request has determined that it is feasible for Glencore to achieve a maximum cadmium point of impingement concentration of 0.061 micrograms per cubic metre (24-hour average) after the implementation of the cadmium action plan which includes the installation of:

• new secondary hooding in the converter aisle area of the smelter
• a new 65 metre stack for use with the new secondary hooding

The installation of this equipment is complete, and Glencore is continuing with the optimization of the installed system for regular use.

The cadmium site-specific approval requires Glencore to:

1. Verify cadmium emission rates from the main cadmium emission sources at the facility, after implementation of the cadmium action plan and demonstrate compliance with the site-specific standard.
2. Provide the ministry with annual written summaries of the status of the cadmium action plan implementation and make these summaries available to the public.
3. Continue to conduct ambient air monitoring for cadmium at designated community ambient monitoring stations and provide a report to the ministry addressing any exceedances of measured levels (at community monitors) set out in the site-specific standard approval.

Regulating air contaminants in Ontario

In Ontario, we regulate air contaminants to protect communities that reside close to industrial sites. Our regulatory approach has resulted in improvements in air emissions.

Ontario's Local Air Quality Regulation (O. Reg. 419/05: Air Pollution - Local Air Quality) works within the province's air management framework to address contaminants released to air into communities by various sources, including industrial and commercial facilities.

Air standards

Our approach to improving local air quality starts with setting science-based standards to protect human health and the environment. The air standards are used to:

• assess the performance of regulated facilities
• identify those that need to do more to reduce their emissions

Facilities that are not able to meet an air standard due to technological or economic limitations may request a site-specific standard or a technical standard.

Site-specific standards

Site-specific standards are developed with full public transparency through public meetings and consultations. They include technology benchmarking to determine what is feasible for a company to achieve in terms of controlling emission of a contaminant over a set period of time (i.e., at least five years but not more than ten years).

A site-specific standard is a concentration-based standard for a contaminant, established for an individual facility that is challenged in meeting the general provincial air standard. It formalizes commitments by the facility to improve environmental performance over time through technologies and best operational practices. The ministry closely oversees the facility's progress to ensure that the desired results are achieved.

Other information

Subsection 35(1) of the Local Air Quality Regulation (O. Reg. 419/05) includes provisions for the approval of site-specific standards and associated rules for making such requests. A site-specific standard may be approved for a period of five to ten years. If a facility receives approval for the site-specific standard and continues to meet these requirements, then the facility is operating in compliance with O. Reg. 419/05. The site-specific standard becomes the legally enforceable standard for that facility for the time period of the approval. A facility may also request a subsequent site-specific standard. Further information regarding O. Reg. 419/05 and the site-specific standard process can be accessed at the ministry website.

Public consultation

This proposal was posted for a 45-day public review and comment period starting May 8, 2020. Comments were to be received by June 22, 2020.

Other public consultation opportunities

An extensive public consultation program was conducted in 2011, at the time of the original cadmium site-specific standard application, when the ministry review had indicated that Glencore met the notification and consultation requirements of O. Reg. 419/05.

As the current 2018 application is an application for a contaminant with a previously approved site-specific standard, in accordance with subsection 32 (1.1) of O. Reg. 419/05, a public meeting is not required. However, a Falconbridge community meeting was held by Glencore on February 28, 2018, which was attended by local residents and ministry personnel.

The purpose of the meeting was to inform the public and gather their input on the application for the cadmium site-specific standard. Comments provided during the meeting were considered in the review of the proposal.

Comments received

• One (1) comment was received through the registry
• One (1) comment was received by email

The comments that were approved for publishing are available in the Bulletin supporting materials section.

Effects of consultation

Comments received were reviewed and, where appropriate, were considered in the ministry’s decision on this proposal.

A summary of air related issues identified and response to these comments are as follows:

Comment: Although the proposed site-specific standard of 0.061 micrograms per cubic metre shows a drop in cadmium concentrations which should lead to a reduction in risks to local residents, it is still at least twice the actual limit within O. Reg. 419/05.

Response: Ontario's regulatory approach to protecting and improving local air quality starts with setting science-based standards based on human health and environmental protection. Some facilities are not able to meet an air standard due to economics or limitations in technology. Under the provisions of O. Reg. 419/05, these facilities may request a site-specific standard, which require companies to invest in the best available technologies and practices to reduce air emissions and improve air quality over time. The goal is to reduce emissions through continuous improvement. A facility that meets its site-specific standard is in compliance with the regulation.

The O. Reg. 419/05 air standard for cadmium is based on health information based on chronic exposure to cadmium and was set at a concentration in air at health protective levels, assuming long-term continuous exposure. Exposure to cadmium at a concentration above the air standard does not necessarily mean that adverse health effects will occur, only that the risks of health effects are expected to be higher than at levels at or below the air standard. A toxicological assessment of the site-specific air standard for cadmium being set, found that this is within the framework for managing risks under O. Reg. 419/05.

Comment: The sites-specific approval conditions, in addition to enabling the company to meet the site-specific limits, should also be expected to make the company continually re-assess equipment, procedures and operations to achieve the actual O. Reg. 419/05 limit for cadmium of 0.025 micrograms per cubic metre (24-hour average).

Response: The site-specific standard process facilitates continuous improvement to reduce air emissions over time through the implementation of best available pollution control methods. Glencore is implementing an action plan to reduce exposure to cadmium, the major components of which have already been constructed and is currently being optimized with complete implementation by December 2021.

Site-specific standards can be approved for a period between 5 and 10 years. Based on the review of existing available nickel production technologies and the efforts made by Glencore to date in reducing cadmium concentrations, the cadmium site-specific standard for Glencore was approved for a period of 10-years, until July 2030, with the expectation that this would provide certainty for the company and the community. On expiry of the cadmium site-specific standard in July 2030, Glencore would have to either meet the cadmium point of impingement standard in force at that time or apply for a new site-specific standard before the expiry date. Applications for renewal of site-specific standards would require re-evaluation of technologies and best practices, which will ensure continuous improvement over time.

Third parties are not able to apply for leave to appeal in respect of proposals which are posted while Ontario Regulation 115/20 is in effect. On April 1, 2020, the Ontario Government made a temporary regulation to respond to the COVID-19 outbreak which exempts all proposals from the requirement to post notices on the ERO. Leave to appeal may only be sought in respect of instruments that are required to be posted to the ERO.

Appeal information

This instrument type cannot be appealed.