This consultation was open from:
November 5, 2020
to December 20, 2020
Decision summary
This decision extends the time for Algoma Steel Inc. to complete the installation of emission controls for benzene by one year. The proposal was posted for 45 days to allow public input on this order to extend the time for these controls to be installed.
Location details
Site address
105 West Street
Sault Ste. Marie,
ON
Canada
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)
Algoma Steel Inc.
105 West Street
Sault Ste. Marie,
ON
P6A 7B4
Canada
Decision details
Ontario recognizes the impact the COVID-19 outbreak has had on the regulated community and is taking necessary steps to protect the health of all Ontarians and the environment while ensuring continuity of important operations.
The ministry has amended an existing order for a one-time, one-year extension for Algoma Steel to complete certain air pollution controls for benzene, due to financial impacts caused by the COVID-19 outbreak.
Benzene levels at the site for 2020 are expected to remain consistent with 2019 levels. When the planned benzene control measures are installed in 2021, benzene levels for 2021 are expected to be reduced by about 30% from current levels.
We invited input from the public, Indigenous communities and other organizations on the proposal, so that we can continue to protect Ontario’s air for future generations.
Environmental protection continues to be a vital consideration in all government decision-making. These steps are temporary in nature and would only be taken during this unprecedented period.
Background
Algoma Steel has a site-specific air standard for benzene. Their action plan to meet their benzene site-specific standard includes installing certain controls on tar tanks and barge loading of tar. These actions were specified in an order issued June 27, 2016.
Algoma Steel completed several actions according to the order, including installing vapour collection and air pollution control for several tanks (#8 tar tank, #9b decanter, and north raw liquor tank). The reduction in benzene emissions resulted in a decrease in the modelled maximum off-property concentration by about 22% since 2016.
The company has identified that, with the impact of the pandemic, it does not have the funds to complete the remaining controls on two tar tanks and barge tar loading in 2020.
Amended order
We have amended the S. 35 order (of O. Reg. 419/05 under the Environmental Protection Act).
The amended order:
- extends the time to complete the work on vapour collection and air pollution control for the #4 tar tank, tar barge loading, and #7 tank (which is replacing the emergency liquor tank (E-Tank)) by one year, to December 31, 2021
- removes the requirement for vapour collection and air pollution control on #3 tar tank, since #3 tar tank was taken out of service in 2019
- extends the expiry date of the order until June 30, 2022
The amended order to complete controls by December 31, 2021 is in conjunction with a benzene site-specific standard approval. There is a separate ERO posting, ERO-019-2301 on the decision to extend the benzene site-specific standard expiry date to June 30, 2023.
Benzene
Benzene is a key contaminant of interest as it is a known carcinogen. Algoma Steel’s maximum modelled off-site concentration for benzene in 2019 was about ten times the ministry’s benzene air standard, representing an increased cancer risk of 10 in a million (0.001% increased chance of cancer), if someone were continuously exposed to the maximum modelled off-site concentration over a lifetime. Though this was above the “negligible” risk range, it 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.
As a result of this amended order, benzene levels at the site for 2020 are expected to remain essentially the same as 2019 levels. When the planned benzene control measures are installed in 2021, benzene levels for 2021 are expected to be reduced by about 30% from current levels.
Effects of consultation
The ministry considered all comments received during the comment period. Below are the comments that were received on the proposal and ministry responses.
- Concerns that Algoma is not meeting all their technical requirements related to the site-specific standard.
Response: The ministry has a process in place for reporting environmental concerns and incidents of non-compliance from industrial facilities like Algoma Steel Inc. Any concerns from the public on environmental issues related to Algoma Steel Inc. can be directed to either the ministry’s Sault Ste. Marie office or Spills Action Centre (when outside of office hours). An Environmental Officer will collect and assess the information provided and decide on an appropriate response.
- Recommendation that the Community Liaison Committee requirements for Algoma be the same as the other iron and steel facilities.
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.
- Recommendation that Algoma should have an appropriate air ambient monitoring network and real-time sampling to validate emission reductions.
Response: There is currently a monitoring network in the vicinity of Algoma and the ministry is currently reviewing the request to examine air monitoring in Sault Ste. Marie, but a definitive date for the completion of the review has not yet been set. The ministry is assessing what more can be done through its work to develop a technical standard.
- Recommendation that the funds for these projects should have been previously committed and a portion of the current government funding should be reallocated to these environmental projects.
Response: The provincial funding provided as a repayable loan through the Ministry of Energy, Northern Development and Mines was tied to very specific capital projects with no ability to reallocate them.
- 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.
- Batchewana First Nation is concerned with environmental and health issues emanating from Algoma Steel. Batchewana First Nation will not endorse this request and will correspond with the ministry to discuss next steps.
Response: The ministry continues to work with the public, municipalities, First Nations, environmental groups and industry to drive strategies that better protect air quality. The ministry recognizes that further efforts are needed to reduce risks to the environment and human health and will continue discussions with the First Nation community on the long-term actions to improve air quality.
In the meantime, this extension will allow the company to continue their work to reduce emissions and ensure there is a clear compliance approach in place to address issues.
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
This instrument decision can be appealed. You have 15 days from January 14, 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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
Algoma Steel Inc.
105 West Street
Sault Ste. Marie,
ON
P6A 7B4
Canada
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
Include the following:
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.
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
Ontario recognizes the impact the COVID-19 outbreak has had on the regulated community and is taking necessary steps to protect the health of all Ontarians and the environment while ensuring continuity of important operations.
The ministry is consulting on a proposal for a one-time, one-year extension for Algoma Steel to complete certain air pollution controls for benzene, due to financial impacts caused by the COVID-19 outbreak.
If the extension is approved, benzene levels at the site for 2020 are expected to remain consistent with 2019 levels. When the planned benzene control measures are installed in 2021, benzene levels for 2021 are expected to be reduced by about 30 per cent from current levels.
We invite input from the public, Indigenous communities and other organizations on this proposal, so that we can continue to protect Ontario’s air for future generations.
Environmental protection continues to be a vital consideration in all government decision-making. These steps are temporary in nature and would only be taken during this unprecedented period.
Background
Algoma Steel has a site-specific air standard for benzene. Their action plan to meet their benzene site-specific standard includes installing certain controls on tar tanks and barge loading of tar. These actions were specified in an order issued June 27, 2016.
Algoma Steel completed several actions according to the order, including installing vapour collection and air pollution control for several tanks (#8 tar tank, #9b decanter, and north raw liquor tank). The reduction in benzene emissions resulted in a decrease in the modelled maximum off-property concentration by about 22% since 2016.
The company has identified that, with the impact of the pandemic, it does not have the funds to complete the remaining controls on two tar tanks and barge tar loading in 2020.
Proposed amended order
We propose to amend the S. 35 order (of O. Reg. 419/05 under the Environmental Protection Act).
The proposed amended order:
- extends the time to complete the work on vapour collection and air pollution control for the #4 tar tank, tar barge loading, and #7 tank (which is replacing the emergency liquor tank (E-Tank)) by one year, to December 31, 2021
- removes the requirement for vapour collection and air pollution control on #3 tar tank, since #3 tar tank was taken out of service in 2019
- extends the expiry date of the order until June 30, 2022
The amended order to complete controls by December 31, 2021 is in conjunction with a benzene site-specific standard approval. There is a separate ERO posting to extend the benzene site-specific standard expiry date to June 30, 2023.
Benzene
Benzene is a key contaminant of interest as it is a known carcinogen. Algoma Steel’s maximum modelled off-site concentration for benzene in 2019 was about ten times the ministry’s benzene air standard, representing an increased cancer risk of 10 in a million (0.001% increased chance of cancer), if someone were continuously exposed to the maximum modelled off-site concentration over a lifetime. Though this was above the “negligible” risk range, it 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.
As a result of this amended order, benzene levels at the site for 2020 are expected to remain essentially the same as 2019 levels. When the planned benzene control measures are installed in 2021, benzene levels for 2021 are expected to be reduced by about 30% from current levels.
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 November 5, 2020
to December 20, 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
1By email
1By mail
0