Bartek Ingredients Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-2523
Ministry reference number
4812-BRBQJ2
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
October 6, 2020 - November 20, 2020 (45 days) Closed
Last updated

This consultation was open from:
October 6, 2020
to November 20, 2020

Decision summary

An Environmental Compliance Approval with Limited Operational Flexibility (air & noise) 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 has been granted to Bartek Ingredients Inc. for a chemical manufacturing facility

Location details

Site address

421 Seaman Street
Hamilton, ON
L8E 3J4
Canada

Site location map

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

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Proponent(s)

Bartek Ingredients Inc.
421 Seaman Street
Stoney Creek, ON
L8E 3J4
Canada

Decision details

An Environmental Compliance Approval with Limited Operational Flexibility (air & noise) 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 has been granted to Bartek Ingredients Inc. for a chemical manufacturing facility including the production of malic and fumaric acid located in Stoney Creek, City of Hamilton, Ontario.

The approval includes all sources at the facility, including manufacturing operations including storage tanks, dust collectors, maintenance activities, and process and non-process sources of combustion.

Emissions to the air from this facility include fumaric acid, maleic anhydride, malic acid, sodium hydroxide, carbon, chromium, potassium oxide, fluorides, nitrogen oxides, and suspended particulate matter.

The Environmental Compliance Approval with Limited Operational Flexibility (air & noise), 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 & noise). 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

58

By email

0

By mail

1
View comments submitted through the registry

Effects of consultation

The commenters expressed general concerns related to air and noise emissions from the facility. Additionally, the commenters expressed concerns about maintenance requirements and suggested to implement an air quality monitoring program by the facility and to perform source testing for suspended particulate matter.

Ministry response on air concerns

Proposals for Environmental Compliance Approval for air and noise (ECA) undergo detailed technical review to determine whether or not they comply with the requirements related to Section 9 of the Environmental Protection Act (s.9 EPA). Approvals are only issued if all of these requirements are satisfied.

The application satisfies requirements set in s.9 EPA and complies with Regulation 419/05 point of impingement concentration (POI) limits.

Comments received were reviewed and where appropriate were considered in the ministry's decision whether or not to proceed with the proposal. In this case, the comments are consistent with concerns within the ministry and as a result terms and conditions have been added.

The terms and conditions do not represent all conditions in the ECA, but are those related to the comments on the proposal.

Given the above and inherent limitations/complexities of an ambient air monitoring program/source testing, an air monitoring/source testing program was not necessary.

Ministry response on noise concerns

To verify that compliance with the Ministry noise guidelines has been achieved after installation all of measures set in Noise Abatement Action Plan, ECA requires to submit an acoustic audit report by an Independent Acoustical Consultant no later than nine (9) months following the issuance of this ECA.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Client Services and Permissions Branch
Address

enviropermissions@ontario.ca
Toronto, ON
M4V 1P5
Canada

Office phone number
Hamilton District Office
Address

119 King Street West
Floor 9
Hamilton, ON
L8P 4Y7
Canada

Office phone number

Appeal

This instrument decision can be appealed. You have 15 days from April 23, 2021 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)

Bartek Ingredients Inc.
421 Seaman Street
Stoney Creek, ON
L8E 3J4
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
019-2523
Ministry reference number
4812-BRBQJ2

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
019-2523
Ministry reference number
4812-BRBQJ2
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 6, 2020 - November 20, 2020 (45 days)

Proposal details

This proposal is for an Environmental Compliance Approval with Limited Operational Flexibility (Air & Noise), 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 Bartek Ingredients Inc., a chemical manufacturing facility including the production of malic and fumaric acid located in Stoney Creek, City of Hamilton, Ontario.

The application includes all sources at the facility including manufacturing operations including:

  • storage tanks
  • dust collectors
  • maintenance activities
  • process and non-process sources of combustion

Emissions to the air from this facility include:

  • fumaric acid
  • maleic anhydride
  • malic acid
  • sodium hydroxide
  • carbon, chromium
  • potassium oxide
  • fluorides
  • nitrogen oxides
  • suspended particulate matter

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

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Comment

Commenting is now closed.

This consultation was open from October 6, 2020
to November 20, 2020

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