Algoma Steel Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-2673
Ministry reference number
9284-BUVL27
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
November 6, 2020 - December 21, 2020 (45 days) Closed
Last updated

This consultation was open from:
November 6, 2020
to December 21, 2020

Decision summary

The director exercised his powers under subsection 20.13 paragraph (b) of the Environmental Protection Act to impose new terms and conditions to Algoma Steel Inc. coke oven battery Environmental Compliance Approvals for a steel manufacturing facility located in the City of Sault Ste. Marie, District of Algoma.

Location details

Site address

105 West Street
Sault Ste. Marie, ON
Canada

Site location details

105 West Street

City of Sault Ste. Marie, District of Algoma

Site location map

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

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Proponent(s)

Algoma Steel Inc.
105 West Street
Sault Ste. Marie, ON
P6A 7B4
Canada

Decision details

The director exercised his powers under subsection 20.13 paragraph (b) of the Environmental Protection Act to impose new terms and conditions to Algoma Steel Inc. coke oven battery Environmental Compliance Approvals for a steel manufacturing facility located in the City of Sault Ste. Marie, District of Algoma.

The approval transfers current emission reduction requirements applying to Algoma Steel Inc. coke making operations set out in an order issued under s.35(14) of Ontario Regulation 419/05. Moving these requirements to an Environmental Compliance Approval provides an opportunity to maintain the enforceability and consistency of current emission reduction requirements while reducing the number of legal instruments applying to Algoma Steel Inc.

Background

Algoma Steel Inc. currently has site-specific standards for suspended particulate matter and benzene set out in an order issued under s.35(14) of Ontario Regulation 419/05, which represent the maximum modelled contaminant concentrations that may result from a facility’s emissions off-property (please see EBR 012-2107 and ERO 019-2301). 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.

Algoma Steel Inc. 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 Sault Ste. Marie 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 director has transferred these current emission reduction requirements to Algoma Steel Inc. coke oven battery Environmental Compliance Approvals.

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.

Comments received

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Effects of consultation

No comments were received.

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.

Sault Ste. Marie Area Office
Address

70 Foster Drive
Suite 110
Sault Ste. Marie, ON
P6A6V4
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from January 26, 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)

Algoma Steel Inc.
105 West Street
Sault Ste. Marie, ON
P6A 7B4
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
019-2673
Ministry reference number
9284-BUVL27

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
019-2673
Ministry reference number
9284-BUVL27
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

November 6, 2020 - December 21, 2020 (45 days)

Proposal details

The director is proposing to exercise his powers under subsection 20.13 paragraph (b) of the Environmental Protection Act to impose new terms and conditions to Algoma Steel Inc. coke oven battery Environmental Compliance Approvals for a steel manufacturing facility located in the City of Sault Ste. Marie, District of Algoma.

The proposal is to transfer current emission reduction requirements applying to Algoma Steel Inc. coke making operations set out in an order issued under s.35(14) of Ontario Regulation 419/05. Moving these requirements to an Environmental Compliance Approval will provide an opportunity to maintain the enforceability and consistency of current emission reduction requirements while reducing the number of legal instruments applying to Algoma Steel Inc.

Background

Algoma Steel Inc. currently has site-specific standards for suspended particulate matter and benzene set out in an order issued under s.35(14) of Ontario Regulation 419/05, which represent the maximum modelled contaminant concentrations that may result from a facility’s emissions off-property (please see EBR 012-2107 and ERO 019-2301). 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.

Algoma Steel Inc. 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 Sault Ste. Marie 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 director is proposing to transfer these current emission reduction requirements to Algoma Steel Inc. coke oven battery Environmental Compliance Approvals.

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.

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.

Comment

Commenting is now closed.

This consultation was open from November 6, 2020
to December 21, 2020

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