Stelco Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-3761
Ministry reference number
3725-C38HN2
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
June 4, 2021 - July 19, 2021 (45 days) Closed
Last updated

This consultation was open from:
June 4, 2021
to July 19, 2021

Decision summary

We have imposed new terms and conditions to Stelco Inc. by-product plant Environmental Compliance Approvals.

Location details

Site address

386 Wilcox Street
Hamilton, 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 window

Proponent(s)

Stelco Inc.
386 Wilcox Street
Hamilton, ON
L8L 8K5
Canada

Decision details

The director has exercised his powers under subsection 20.13 paragraph (b) of the Environmental Protection Act to impose new terms and conditions to Stelco Inc. by-product plant Environmental Compliance Approvals. Current emission reduction requirements applying to Stelco Inc. by-product plant operations set out in an order issued under s. 35(14) of Ontario Regulation 419/05 have been moved to an Environmental Compliance Approval. 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 Stelco Inc.

Background

Stelco Inc. currently has a site-specific air standard and order issued under s.35(14) of Ontario Regulation 419/05 for benzene emissions from the Hamilton Works facility (ERO 012-4683 and ERO 013-2084). This site-specific benzene air standard represents the maximum modelled benzene concentration off-property that may result from the facility's operations and exceeds the general air standard, but is at a level within the target range for risk management under the Local Air Quality Regulation.

Stelco Inc. action plans to meet their site-specific standard, implemented since 2015, introduced a leak detection and repair program. This requirement, supported by the ministry’s own inspection/audit program for this facility, has contributed to reductions in local ambient concentrations of 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 director has transferred these current emission reduction requirements to Stelco Inc. by-product plant 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

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from August 6, 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
Neryed Ragbar
Manager (A) Air Approvals

Environmental Permissions Branch
135 St Clair Avenue West
Floor 3
Toronto, ON
M4V 1P5
Canada

437 776 8348

Proponent(s)

Stelco Inc.
386 Wilcox Street
Hamilton, ON
L8L 8K5
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
019-3761
Ministry reference number
3725-C38HN2

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

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-3761
Ministry reference number
3725-C38HN2
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 4, 2021 - July 19, 2021 (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 Stelco Inc. by-product plant Environmental Compliance Approvals. The proposal is to transfer current emission reduction requirements applying to Stelco Inc. by-product plant 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 Stelco Inc.

Background

Stelco Inc. currently has a site-specific air standard and order issued under s.35(14) of Ontario Regulation 419/05 for benzene emissions from the Hamilton Works facility (ERO 012-4683 and ERO 013-2084). This site-specific benzene air standard represents the maximum modelled benzene concentration off-property that may result from the facility's operations and exceeds the general air standard, but is at a level within the target range for risk management under the Local Air Quality Regulation.

Stelco Inc. action plans to meet their site-specific standard, implemented since 2015, introduced a leak detection and repair program. This requirement, supported by the ministry’s own inspection/audit program for this facility, has contributed to reductions in local ambient concentrations of 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 director is proposing to transfer these current emission reduction requirements to Stelco Inc. by-product plant 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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from June 4, 2021
to July 19, 2021

Connect with us

Contact