This consultation was open from:
October 30, 2020
to December 14, 2020
Decision summary
This decision extends the expiry dates of site-specific standards for suspended particulate matter, and benzene for Stelco Inc.'s integrated iron and steel facility in Hamilton. The proposal was posted for 45 days to allow public input on the notices to extend the existing approvals’ expiry dates.
Location details
Site address
386 Wilcox Street
Hamilton,
ON
Canada
Site location details
Stelco Hamilton Works
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Stelco Inc.
386 Wilcox Street
Hamilton,
ON
L8L 8K5
Canada
Decision details
Decision overview
We are extending the expiry dates of the existing site-specific standards for suspended particulate matter, and benzene to June 30, 2023.
As committed in the Made-in-Ontario Environment Plan, we are working to ensure cleaner air for the people of Ontario by regulating air contaminants released into communities by certain industrial and commercial facilities.
The notices (Section 36 notices of O.Reg. 419/05) to extend the expiry dates for the site-specific approvals can be found in supporting materials attached to this notice.
Background
Stelco Inc.Hamilton Works has site-specific standards that the ministry originally approved on the dates in the table below, and with amended expiry dates listed in the table below. The suspended particulate matter site-specific standard has also been reduced from 313 µg/m3 to 190 µg/m3 as a result of this decision:
| Contaminant | Site-specific standard (Micrograms per cubic metre) | General air standard comparison (Micrograms per cubic metre) | Averaging time | Approval date | Expiring |
|---|---|---|---|---|---|
| Suspended particulate matter | 313 µg/m3 | 120 µg/m3 | 24-hour average | March 27, 2015 | Dec 31, 2020 |
| Suspended particulate matter | 190 µg/m3 | 120 µg/m3 | 24-hour average | Dec 30, 2020 | June 30, 2023 |
| Benzene | 3.9 µg/m3 | 0.45 µg/m3 | Annual average | May 18, 2016 | June 30, 2023 |
The site-specific standard values represent the maximum modelled contaminant concentrations that may result from a facility’s emissions off-property.
The site-specific standards for suspended particulate matter, and benzene all exceed the general air standards but are at levels within the target range for risk management under the Local Air Quality Regulation.
Benzene is a key contaminant of interest as it is a known carcinogen. The Stelco Hamilton Works site-specific standard for benzene is 8.7 times the ministry’s benzene air standard, representing an increased cancer risk of 8.7 in a million (0.00087% increased chance of cancer), if someone were continuously exposed to the maximum modelled off-site concentration over a lifetime. This is within the “negligible” risk range, and is within the target range for risk management under the regulation. The facility is expected to continue its efforts to reduce benzene emissions to as low as reasonably achievable.
The facility also has a site-specific standard for benzo[a]pyrene of 0.0047 micrograms per cubic metre (annual average) that was issued May 18, 2016 and is currently set to expire in June 2021. The next steps for regulating benzo[a]pyrene from this facility will be the subject of a future ERO proposal notice for public consultation.
The company action plans to meet their site-specific standards, implemented since 2015, introduced maximum door leak requirements on the coke ovens and leak detection and repair programs. These requirements, supported by the ministry’s own inspection/audit program for this facility, have contributed to reductions in local ambient concentrations of benzo[a]pyrene and benzene in Hamilton over the past several years.
The company is required to match similar requirements for competing U.S. integrated iron and steel facilities of similar age.
The site-specific standards for benzo[a]pyrene and benzene for this facility have been reduced over time with the aim of improving environmental performance and reducing health risk associated with facility emissions. The benzene site-specific standard for Stelco Hamilton Works was lowered by 51 percent of the 2019 benzene site-specific standard value, effective January 1, 2020. This decision extends the January 1, 2020 site-specific standard for benzene of 3.9 µg/m3 until June 30, 2023.
The extended expiry dates of the site-specific standards will provide a compliance approach for this facility while we develop and consult on a proposed technical standard for the integrated iron and steel sector. If the technical standard is published, extending the expiry dates will also provide time for a company to register under that technical standard for these contaminants, or to apply for new site-specific standards.
Regulating air contaminants in Ontario
In Ontario, we regulate air contaminants to protect communities that reside close to industrial sites, which has resulted in significant 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 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 need to do more to reduce their emissions may request a site-specific standard or a technical standard to comply with the regulation.
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 to control emission of a contaminant over a set period (i.e., at least five years but not more than ten years). The regulation allows the director to issue a notice to the company that has a site-specific standard approval to extend the expiry date, if the new expiry date is within 10 years of the approval date of the original site-specific standard.
Compliance with a site-specific standard, just like a general air standard, must be demonstrated by using air dispersion modelling.
The ministry oversees the companies’ 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 approving site-specific standards and 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. You can find more information about O.Reg. 419/05 and the site-specific standard process can be accessed at the ministry website.
Subsection 36(1) of the Local Air Quality Regulation (O.Reg. 419/05) allows the director to issue a notice to change the period of an existing site-specific standard approval so that it ends on a later date that is not more than 10 years after the date the period began.
Other public consultation opportunities
An extensive public consultation program was conducted at the time of the original site-specific standard applications in 2014 and 2015.(see Decision on U.S. Steel Hamilton Works site-specific standard (suspended particulate matter) March 27, 2015 and Decision on U.S. Steel Hamilton Works site-specific standards (benzo[a]pyrene, benzene) May 18, 2016.)
Effects of consultation
The ministry considered all comments received during the comment period.
The following is an overview of the common themes in the comments received during the consultation period and the ministry’s responses:
- Recommendation that the steel industry meet all ministry standards now, rather than extending site-specific standards.
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.
The air standards are used to assess the performance of regulated facilities and to 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, which formalize commitments by the facilities to improve environmental performance over time through technologies and best operational practices.
The integrated iron and steel industry uses site-specific standards to comply with local air quality regulations. A site-specific standard is just for one facility (site) and one contaminant. It includes technology benchmarking to determine what is feasible for a company to achieve to control emissions of a contaminant over a set period (i.e., at least five years but not more than 10 years). The site-specific standard is determined based on a company action plan to reduce emissions that is shared with the neighbouring community.
The extensions allow companies more time to operate under a site-specific standard, while we work on finalizing a technical standard for the integrated iron and steel industry. Companies are required to meet these site-specific standards now, and the extensions maintain the improvements that these facilities have achieved to-date while the ministry assesses what else can be done through its work on a technical standard.
- Concern that the time between the closing of the proposal and the decision posting was too short.
Response: The ministry believes that public consultation is vital to sound environmental decision-making, and is committed to providing opportunities for an open and consultative process when making decisions. The proposal was posted to the Environmental Registry for a 45-day consultation period ending December 14, 2020. A consultation period of this duration is normal, and all comments were reviewed and considered in the decision-making process.
- Concerns related to lack of facility progress towards reductions and continual improvement in the site-specific standard extensions, as well as requests that information on progress be made publicly available for all facilities.
Response: The ministry recognizes that further efforts are needed to reduce risks to the environment and human health. In the meantime, the ministry will be evaluating what more could be required of the companies after these site-specific standards expire in 2023.
The facilities are required to provide publicly available annual Emission Summary and Dispersion Modelling Report summaries that show how they are improving as they implement action plans to reduce their emissions.
The site-specific standard extensions will maintain the improvements that the integrated iron and steel companies have achieved to-date while the ministry assesses what else can be done to further reduce emissions through its work on a future technical standard.
The ministry continues to work with the public, municipalities, First Nations, environmental groups and industry to drive strategies that better protect air quality and is working to have the technical standard in place when these site-specific standards expire in 2023.
- Recommendation that the Ministry of the Environment, Conservation and Parks should encourage more innovative approaches to steel making, including using electricity.
Response: As part of the development of a technical standard for the integrated iron and steel industry, we are considering what other steelmaking processes could be considered to further reduce risks to the environment and human health.
Ontario continues to encourage companies to make improvements through the development of technical and site-specific standards.
- Recommendation that the Community Liaison Committee continues to operate as part of the extensions.
Response: The ministry recognizes the importance of providing opportunities for industry to engage with the community on their site-specific standard. To ensure this continues, we are maintaining the requirements for the Community Liaison Committee. Going forward, the ministry will be moving these requirements from the expiring site-specific standard order to a different regulatory instrument, Environmental Compliance Approvals. The Environmental Compliance Approvals will include the committee’s minimum meeting frequency and other meeting requirements.
The Community Liaison Committee requirements are the same for all the facilities in the sector but operate under their own Terms of Reference.
- Concerns that these facilities are causing health impacts in the community.
Response:When facilities emit contaminants above a general air standard, it does not necessarily mean that adverse effects will occur, however the risk increases as concentrations increase. In particular, levels of benzene and benzo[a]pyrene from these facilities will continue to be the focus for reduction over time.
While extending the existing site-specific standards will not drive additional reductions in emissions during the extension period, other work continues with the facilities to further reduce emissions of contaminants such as benzene, including what investments are possible to reduce Benzo[a]Pyrene.
The ministry recognizes the efforts made by the integrated iron and steel companies to date to meet their site-specific standards. Some improvements have been achieved, and the ministry will continue to assess what else can be done and to seek further reductions in emissions, with the goal of continuous improvement to reduce health and environmental risk, through its work on a technical standard for the sector.
Anyone with health-related questions related to environmental exposures should contact their local Public Health Unit or the ministry’s Technical Assessment and Standards Development Branch.
- Recommendation that Stelco Hamilton’s suspended particulate matter (SPM) site-specific standard should be lowered since it is not making steel anymore.
Response: In response to comments received on the proposal, we reduced the Stelco Hamilton site-specific standard for suspended particulate matter from 313 micrograms per cubic meter to 190 micrograms per cubic meter to reflect the removal of steel making from the facility operations.
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
How to Appeal
Appeals are not allowed
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
Proposal overview
We are proposing to extend the expiry dates of the existing site-specific standards for suspended particulate matter, and benzene to June 30, 2023.
As committed in the Made-in-Ontario Environment Plan, we are working to ensure cleaner air for the people of Ontario by regulating air contaminants released into communities by certain industrial and commercial facilities.
The proposed notices (Section 36 notices of O.Reg. 419/05) to extend the expiry dates for the site-specific approvals can be found in supporting materials attached to this notice.
Background
Stelco Inc. Hamilton Works currently has site-specific standards that the ministry originally approved on the dates in the table below, and with expiry dates also listed in the table below:
| Contaminant | Site-specific standard (Micrograms per cubic metre) | General air standard comparison (Micrograms per cubic metre) | Averaging time | Approval date | Expiring |
|---|---|---|---|---|---|
| Suspended particulate matter | 313 µg/m3 | 120 µg/m3 | 24-hour average | March 27, 2015 | December 31, 2020 |
| Benzene | 3.9 µg/m3 | 0.45 µg/m3 | Annual average | May 18, 2016 | June 30, 2021 |
The site-specific standard values represent the maximum modelled contaminant concentrations that may result from a facility’s emissions off-property.
The site-specific standards for suspended particulate matter, and benzene all exceed the general air standards but are at levels within the target range for risk management under the Local Air Quality Regulation.
Benzene is a key contaminant of interest as it is a known carcinogen. The Stelco Hamilton Works site-specific standard for benzene is 8.7 times the ministry’s benzene air standard, representing an increased cancer risk of 8.7 in a million (0.00087% increased chance of cancer), if someone were continuously exposed to the maximum modelled off-site concentration over a lifetime. This is within the “negligible” risk range, and is within the target range for risk management under the regulation. The facility is expected to continue its efforts to reduce benzene emissions to as low as reasonably achievable.
The facility also has a site-specific standard for benzo[a]pyrene of 0.0047 micrograms per cubic metre (annual average) that was issued May 18, 2016 and is currently set to expire in June 2021. The next steps for regulating benzo[a]pyrene from this facility will be the subject of a future ERO proposal notice for public consultation.
The company action plans to meet their site-specific standards, implemented since 2015, introduced maximum door leak requirements on the coke ovens and leak detection and repair programs. These requirements, supported by the ministry’s own inspection/audit program for this facility, have contributed to reductions in local ambient concentrations of benzo[a]pyrene and benzene in Hamilton over the past several years.
The company is required to match similar requirements for competing U.S. integrated iron and steel facilities of similar age.
The site-specific standards for benzo[a]pyrene and benzene for this facility have been reduced over time with the aim of improving environmental performance and reducing health risk associated with facility emissions. The benzene site-specific standard for Stelco Hamilton Works was lowered by 51 percent of the 2019 benzene site-specific standard value, effective January 1, 2020. This proposal would extend the January 1, 2020 site-specific standard for benzene of 3.9 µg/m3 until June 30, 2023
Extending the expiry dates of the site-specific standards will provide a compliance approach for these facilities while we develop and consult on a proposed technical standard for the integrated iron and steel sector. If the technical standard is published, extending the expiry dates with also provide time for a company to register under that technical standard for these contaminants, or to apply for new site-specific standards.
Regulating air contaminants in Ontario
In Ontario, we regulate air contaminants to protect communities that reside close to industrial sites, which has resulted in significant 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 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 need to do more to reduce their emissions may request a site-specific standard or a technical standard to comply with the regulation.
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 to control emission of a contaminant over a set period (i.e., at least five years but not more than ten years). The regulation allows the director to issue a notice to the company that has a site-specific standard approval to extend the expiry date, if the new expiry date is within 10 years of the approval date of the original site-specific standard.
Compliance with a site-specific standard, just like a general air standard, must be demonstrated by using air dispersion modelling.
The ministry oversees the companies’ 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 approving site-specific standards and 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. You can find more information about O. Reg. 419/05 and the site-specific standard process can be accessed at the ministry website.
Subsection 36(1) of the Local Air Quality Regulation (O. Reg. 419/05) allows the director to issue a notice to change the period of an existing site-specific standard approval so that it ends on a later date that is not more than 10 years after the date the period began.
Other public consultation opportunities
An extensive public consultation program was conducted at the time of the original site-specific standard applications in 2014 and 2015.(see Decision on U.S. Steel Hamilton Works site-specific standard (suspended particulate matter) March 27, 2015 and Decision on U.S. Steel Hamilton Works site-specific standards (benzo[a]pyrene, benzene) May 18, 2016.)
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from October 30, 2020
to December 14, 2020
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
19By email
0By mail
0