This consultation was open from:
December 8, 2022
to January 7, 2023
Decision summary
We have amended Ontario Regulation 1/17 to set consistent site-specific sound level limits for a certain area around Salit Steel’s Niagara Falls facility.
Decision details
Steel operations are a fundamental part of Ontario’s economy that supply essential sectors, such as manufacturing, infrastructure, transportation and energy. We will continue to support Ontario businesses and workers by looking for ways to reduce regulatory burden and costs while maintaining strong environmental protections.
To provide more certainty for businesses and municipalities so they can grow, together, in a sustainable way, the Ministry of the Environment, Conservation and Parks (MECP) has finalized a regulatory amendment that provides a consistent sound level limit for an area within 500 metres of the Salit Steel facility located in Niagara Falls. This sound level limit already applies to some of the surrounding residential developments.
This change balances the operational requirements of industry with the need to build more homes in the province and better reflects the area’s current mix of industrial and residential land uses. The ministry will continue to ensure Salit Steel meets provincial sound level limits that are protective of the local community.
The amendment was filed and came into force on January 31, 2023.
Details of the regulatory amendment
The amendment to Ontario Regulation 1/17 sets the applicable site-specific limits for noise as the Class 4 area sound level limits at existing and new noise-sensitive uses (e.g. residential uses) within 500 metres of the site boundary of Salit Steel’s facility, located at 7771 Stanley Avenue in Niagara Falls. The Class 4 area sound level limits are set out in the Environmental Activity and Sector Registry - limits and other requirements for activities with air emissions (EASR publication) referenced in Ontario Regulation 1/17. These limits replace the previously applicable limits in this specified area, resulting in increased sound level limits by 5-10 decibels.
The Class 4 area sound level limits already apply to some of the existing residential developments in the specified area. Outside the specified area, the usual classifications of areas and corresponding sound level limits in the EASR publication continue to apply.
Municipal decisions on nearby proposed residential developments will continue to consider the need to incorporate appropriate measures that consider the site-specific sound level limits, such as requiring at-receptor mitigation and noise warnings on property title.This will promote a more consistent planning approach that would improve land use compatibility in the area.
Additional information on Salit Steel
Salit Steel has a steel finishing facility that has operated in Niagara Falls since 1967. The facility was first constructed in an undeveloped, predominately industrial area which has been redeveloped into residential communities over time. Additional residential developments also continue to be proposed near the facility.
The ministry has been working with Salit Steel since 2016 to address complaints and minimize noise impacts.
While Salit Steel has already taken significant action, the facility would not be able to meet previously applicable noise limits due to the nature of operations without incurring significant costs.
The site-specific sound level limits are now in effect for a specified area around the Salit Steel facility and will continue to apply regardless of whether the facility changes or expands its operations in the future. As a result, the consistent limits provide compliance certainty to Salit Steel to enable ongoing and future operations, and certainty to residents that the facility will continue to meet Class 4 area sound level limits.
Regulatory impact analysis summary
The regulatory amendment does not result in any direct compliance costs to Salit Steel. It will help the facility comply with applicable sound level limits, and not incur further costs to address noise emissions related to current operations. The potential cost savings to Salit Steel vary depending on the mitigation that could have otherwise been put in place, potentially ranging from approximately $1.7 million to over $10 million.
Effects of consultation
No comments were received during the comment period. Support for the proposal was heard through a meeting with Salit Steel, and through a meeting with local municipalities there were no significant concern raised.
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.
40 St Clair Avenue West
10th Floor
Toronto,
ON
M4V 1M2
Canada
Connect with us
Contact
Chris Lompart
40 St. Clair Ave West
10th floor
Toronto,
ON
M4V 1M2
Canada
Original proposal
Proposal details
Steel manufacturing and products are a fundamental part of Ontario’s economy that supply other essential sectors, such as manufacturing, infrastructure, transportation and energy. We continue to support Ontario businesses and workers by looking for ways to reduce regulatory burden and costs while maintaining strong environmental protections.
To provide more certainty for businesses and municipalities so they can grow, together, in a sustainable way, the Ministry of the Environment, Conservation and Parks (MECP) is proposing a regulatory amendment that would provide consistent site-specific sound level limits for noise emissions from the Salit Steel facility located in Niagara Falls. These sound level limits would balance the operational requirements of industry with the need to build more homes in the province. The ministry would continue to ensure Salit Steel meets provincial sound level limits that are protective of the local community.
The proposal would amend Ontario Regulation 1/17 (Air Emissions Environmental Activity and Sector Registry (EASR) regulation) under the Environmental Protection Act to revise the applicable limits for noise emissions from Salit Steel’s facility located at 7771 Stanley Avenue in Niagara Falls. The new limits would be the Class 4 area sound level limits at sensitive receptors within 500 metres of the facility, which would increase the existing sound level limits by 5-10 decibels. This sound level limit already applies to some of the surrounding residential developments. The proposed site-specific limits would better reflect the current mix of industry and residences in the area without affecting ongoing facility operations.
Class 4 area sound level limits and additional proposal details
Sound level limits that industrial facilities must meet for noise emissions are based on the class of nearby areas. Classes of areas and their applicable sound level limits are described under the Environmental Activity and Sector Registry - limits and other requirements for activities with air emissions (EASR publication) and the Environmental Noise Guideline (NPC-300).
This proposal would result in the province providing a consistent area subject to the Class 4 area sound level limits around the Salit Steel facility for both existing and new residential uses. This area would be 500 metres around the facility as measured from the boundaries of the properties on which the facility currently operates. Outside that area, the usual classifications of areas and corresponding sound level limits in the EASR publication would continue to apply.
The proposed sound level limits would apply on the day that the regulation comes into effect and continue to apply regardless of whether the facility changes or expands its operations in the future. As a result, the proposal would provide compliance certainty to Salit Steel to enable ongoing and future operations, and certainty to residents that the facility will continue to meet Class 4 area sound level limits.
If the proposal is implemented, municipal decisions on nearby proposed residential developments would continue to consider the need to incorporate appropriate measures that consider the site-specific sound level limits, such as requiring at-receptor mitigation and noise warnings on property title. This would improve land use compatibility in the area for the existing industry and any future residential developments.
Additional Background on Salit Steel
Salit Steel has a steel finishing facility that has operated in Niagara Falls since 1967. The facility was first constructed in an undeveloped, predominately industrial area which has been redeveloped into residential communities over time. Additional residential developments also continue to be proposed in proximity to the facility.
The ministry has been working with Salit Steel since 2016 to take appropriate actions to address complaints and minimize noise impacts. While Salit Steel has already taken significant action, the facility would not be able to meet current noise limits due to the nature of operations.
Regulatory Impact Analysis Summary
This proposal would enable Salit Steel’s facility to be in regulatory compliance with the proposed sound limits without the need to incur costs to implement additional mitigation to address noise emissions for current operations or potential expanded operations up to the site-specific limits.
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.
40 St Clair Avenue West
10th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from December 8, 2022
to January 7, 2023
Connect with us
Contact
Chris Lompart
40 St. Clair Ave West
10th floor
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
0By email
0By mail
0