This consultation was open from:
April 29, 2021
to June 13, 2021
Decision summary
This decision extends (by notice under s. 36 of O. Reg. 419/05) the expiry date of a site-specific standard approval for benzo[a]pyrene for Stelco’s Lake Erie Works integrated iron and steel facility in Nanticoke until June 30, 2023.
Location details
Site address
2330 County Road #3
Lot 24, Concession 1
Haldimand,
ON
N0A 1L0
Canada
Site location details
Stelco Lake Erie 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.
2330 Regional Road #3
Nanticoke,
ON
N0A 1L0
Canada
Decision details
Decision overview
Following a 45-day public consultation period, we are extending the benzo[a]pyrene site-specific standard for Stelco’s Lake Erie Works integrated iron and steel facility in Nanticoke until June 30, 2023. This extension will allow for the time needed to develop a technical standard that would set new requirements for this industry sector.
The ministry will continue to hold facilities accountable, while working with the public, municipalities, First Nations, environmental groups and industry to drive strategies that better protect air quality and address unique challenges in communities by creating tailored solutions.
The notice (Section 36 notice of O. Reg. 419/05) to extend the expiry date for the site-specific approval can be found in supporting materials attached to this decision notice.
Our government is committed to protecting Ontario’s air quality and ensuring we have strong environmental standards that protect human health and the environment. As part of this commitment, the ministry is working to ensure cleaner air for all Ontarians by regulating air contaminants released by certain industrial and commercial facilities.
Over the last decade, we have worked with the iron and steel industry to drive reductions in emissions of benzo[a]pyrene through the use of site-specific standards.
Although these actions have resulted in significant reductions in benzo[a]pyrene emissions, we recognize that further reductions are needed to reduce the risk of adverse health effects and ensure strong environmental protections.
Background
Stelco Inc’s Lake Erie Works previously had a site-specific standard that the ministry originally approved on the date in the table below. The amended expiry date is 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 |
|---|---|---|---|---|---|
| Benzo[a]pyrene | 0.0049 µg/m3 (July 1, 2016 to December 31, 2019) | 0.00001 µg/m3 | Annual average | May 18, 2016 | June 30, 2021 |
| Benzo[a]pyrene | 0.0025 µg/m3 (January 1, 2020 to June 30, 2021) | 0.00001 µg/m3 | Annual average | May 18, 2016 | June 30, 2021 |
| Benzo[a]pyrene | 0.0020 µg/m3) | 0.00001 µg/m3 | Annual average | June 30, 2021 | June 30, 2023 |
The site-specific standard values represent the maximum modelled contaminant concentrations that may result from a facility’s emissions off-property.
Benzo[a]pyrene emissions from this facility have decreased since 2015 through requirements to detect and repair leaks from their coke ovens, in line with requirements for similar competing U.S. facilities. The ministry has an inspection/audit program to ensure companies are making progress on these requirements.
The site-specific standards for benzo[a]pyrene for this facility have been reduced over time with the aim of:
- improving environmental performance
- reducing health risk associated with facility emissions
The current benzo[a]pyrene site-specific standard phased in reductions, with:
- an initial value of 0.0049 µg/m3 in July 1, 2016
- a final value of 0.0025 µg/m3 by January 1, 2020
This is a 49 percent reduction over just under four years. This decision lowers the site-specific standard for benzo[a]pyrene to 0.0020 µg/m3, another 20 percent reduction, and extends it from June 30, 2021 until June 30, 2023.
The ministry is continuing to work with iron and steel facilities to identify opportunities for reducing emissions of benzo[a]pyrene over the longer term. This contaminant is a known carcinogen and modelled levels around the facility are of concern to human health and the environment.
When facilities do not meet the air standard, risk is managed according to the ministry’s framework for managing risk. Based on the ministry’s own modelling and monitoring data, levels of benzo[a]pyrene are generally within the ministry’s target for risk management except at locations near to the facility. In these areas, levels can be much higher and the ministry recognizes that further reductions are needed to reduce the risk of adverse health effects.
Extending the 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.
Furthermore, as a next step in our fight against climate change, the ministry is committed to finishing the phase out of coal by working with Ontario industry to reduce their greenhouse gas emissions by reducing and phasing out their use of coal. These actions may also significantly reduce benzo[a]pyrene emissions.
Effects of consultation
The ministry considered all comments received during the comment period.
The following is an overview of the themes in the one comment received during the consultation period and the ministry’s responses.
- Recommendation to ensure continuous improvement, as required by the regulation, since these benzo[a]pyrene levels are orders of magnitude above the regulatory limit as shown in Schedule 3 of the O. Reg. 419/05.
If the company was able to achieve significant reduction in the previous four years under the site-specific process, there is an expectation for further reduction over the next two years.
Response:
Over the last decade, the ministry has worked with the iron and steel industry to drive reductions in emissions of benzo[a]pyrene through the use of site-specific standards.
Although these actions have resulted in significant reductions in benzo[a]pyrene emissions, the ministry recognizes that further reductions are needed to reduce the risk of adverse health effects and ensure strong environmental protections. In the meantime, the ministry will be evaluating what more could be required of the companies after this site-specific standard expires in 2023.
Currently reducing benzo[a]pyrene emissions from the existing coke ovens is done through observing leaks and making repairs.
Though no new requirements are being imposed over the two-year period of the extension, we will be holding the facility to account for improving leak rates on underperforming coke ovens. As part of the facility’s Environmental Compliance Approval, the facility is required to undertake observations to identify leaks and meet specified leak rates by taking actions such as: replacing seals, replacing damaged doors and frames, repairing adjacent ovens, adjusting fuel or air to improve combustion. When these requirements are not met, the ministry will take enforcement action.
The limit of the benzo[a]pyrene site-specific standard has been revised downward based on newer air dispersion modelling that better reflects benzo[a]pyrene concentrations. For the Stelco Lake Erie Works facility, this includes a change from 0.0025 ug/m3 to 0.0020 ug/m3, a 20% decrease.
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.
- Concerns that allowing benzo[a]pyrene at these site-specific standard levels jeopardizes the health of the community living in close proximity to the facility.
Response:
The ministry recognizes that further reductions are needed to reduce the risk of adverse health effects and ensure strong environmental protections. The ministry continues to assess what else can be done to further reduce emissions and associated health and environmental risk, through its work on a technical standard for the sector.
The site-specific standard reflects the maximum concentration that could result anywhere around the facility and should not be used as an indicator of air quality.
Anyone with health-related questions should contact their local Public Health Unit. Questions about the ministry’s general air standards and risks associated with benzo[a]pyrene exposure should contact the ministry’s Technical Assessment and Standards Development Branch.
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.
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
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.
Over the last decade, we have worked with the iron and steel industry to drive reductions in emissions of benzo[a]pyrene through the use of site-specific standards.
Although these actions have resulted in significant reductions in benzo[a]pyrene emissions, we recognize that further reductions are needed to reduce the risk of adverse health effects.
We are proposing to extend the site-specific standard for Stelco's Lake Erie Works integrated iron and steel facility in Nanticoke until June 30, 2023, to allow for the time needed to develop a technical standard that would set new requirements for this industry sector.
The ministry will continue to hold facilities accountable, while working with the public, municipalities, First Nations, environmental groups and industry to drive strategies that better protect air quality and address unique challenges in communities by creating tailored solutions.
The draft notice (Section 36 notice of O.Reg. 419/05) to extend the expiry date for the site-specific approval can be found in supporting materials attached to this notice.
Background
Stelco Inc. Lake Erie Works currently has the site-specific standard that the ministry originally approved on the date in the table below. The expiry date is also listed in the table below:
| Contaminant | Site-specific standard (Micrograms per cubic metres) | General air standard comparison (Micrograms per cubic metres) | Averaging time | Approval date | Expiring |
|---|---|---|---|---|---|
| Benzo[a]pyrene |
0.0049 µg/m3(July 1, 2016 to December 31, 2019) 0.0025 µg/m3(January 1, 2020 to June 30, 2021) |
0.00001 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.
Benzo[a]pyrene emissions from this facility have decreased since 2015 through requirements to detect and repair leaks from their coke ovens, in line with requirements for similar competing U.S. facilities. The ministry has an inspection/audit program to ensure companies are making progress on these requirements.
The site-specific standards for benzo[a]pyrene for this facility have been reduced over time with the aim of:
- improving environmental performance
- reducing health risk associated with facility emissions
The current benzo[a]pyrene site-specific standard phased in reductions, with:
- an initial value of 0.0049 µg/m3 in July 1, 2016
- a final value of 0.0025 µg/m3 by January 1, 2020
This is a 49 percent reduction over just under four years. This proposal would extend the January 1, 2020 site-specific standard for benzo[a]pyrene of 0.0025 µg/m3 until June 30, 2023.
The ministry is continuing to work with iron and steel facilities to identify opportunities for reducing emissions of benzo[a]pyrene over the longer term. This contaminant is a known carcinogen and modelled levels around the facility are of concern to human health and the environment.
When facilities do not meet the air standard, risk is managed according to the ministry’s framework for managing risk. Based on the ministry’s own modelling and monitoring data, levels of benzo[a]pyrene are generally within the ministry’s target for risk management except at locations near to the facility. In these areas, levels can be much higher and the ministry recognizes that further reductions are needed to reduce the risk of adverse health effects.
Extending the 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.
Furthermore, as part of the evolution of our Made-in-Ontario Environment Plan, a next step in our fight against climate change is finishing the phase out of coal by supporting efforts of Ontario industry to reduce their greenhouse gas emissions by reducing and phasing out their use of coal. These actions may also significantly reduce benzo[a]pyrene emissions.
Regulating air contaminants in Ontario
Ontario’s local air quality regulation works within the province’s air management framework by regulating contaminants released to air by various sources, including local industrial and commercial facilities. The regulation aims to limit exposure to substances released into air that can affect human health and the environment, while allowing industry to operate responsibly under a set of rules that are publicly transparent.
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
Provincial air standards are set based on science, and therefore, may not be achievable by a facility or a sector due to unique technical or economic limitations. Instead of making the air standard less stringent, the regulation allows facilities or sectors to exceed the air standard as long as they are working to reduce their air emissions as much as possible with technology-based solutions and best practices.
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
A site-specific standard is an air concentration approved for an individual facility that is challenged in meeting the air standard. This compliance approach focuses on actions an individual facility can take to reduce emissions to air as much as possible, considering the technology that is available and best operational practices. Economic factors may also be considered.
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 closely 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 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 Lake Erie Works site-specific standard (suspended particulate matter) March 27, 2015 and Decision on U.S. Steel Lake Erie 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.
Comment
Commenting is now closed.
This consultation was open from April 29, 2021
to June 13, 2021
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
0By mail
0