This consultation was open from:
November 4, 2022
to December 4, 2022
Decision summary
We have issued a director’s order to Rain Carbon Canada Inc. requiring them to hold a public meeting and submit applications and supporting documentation for new site-specific standards and an amended environmental compliance approval by May 1, 2023.
Location details
Site address
725 Strathearne Ave North
Hamilton,
ON
L8H 5L3
Canada
Site location details
725 Strathearne Avenue North is located in the heavily industrialized north end of Hamilton.
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)
Rain Carbon Canada Inc.
725 Strathearne Ave North
Hamilton,
ON
L8H 5L3
Canada
Decision details
Following a 30-day public consultation period, we are issuing an order to Rain Carbon Canada Inc. to require them to undertake the following actions:
- by January 31, 2023, Rain Carbon Inc. shall submit an Emission Summary and Dispersion Modelling (ESDM) report that provides emissions information for the current operations at the facility and in accordance with paragraphs 1 and 2 subsection 33(1) of O. Reg. 419/05
- by March 17, 2023, Rain Carbon Canada Inc. shall submit a Technology Benchmarking Report that meets the requirement of paragraphs 3 to 6 of subsection 33(1) of O. Reg. 419/05 in respect of benzene and benzo(a)pyrene emissions from the site
- by April 3, 2023, Rain Carbon Canada Inc. shall submit an Action Plan that includes the information set out in paragraph 7 of subsection 33(1), or paragraph 4 of subsection 33(4) of O. Reg. 419/05, and is prepared in accordance with the Guideline for Implementation of Air Standards in Ontario (GIASO) [Guideline A-12 - PIBS# 5166e03]
- by April 3, 2023, Rain Carbon Canada Inc. shall submit an update of the ESDM report required by Order Item No.1 that includes the findings of the Technology Benchmarking Report (Order Item No. 2) and incorporate the Action Plan (Order Item 3)
- by April 17, 2023, Rain Carbon Canada Inc. shall complete at least one public meeting on the proposed request to set a site-specific standard for benzene and benzo(a)pyrene
- by May 1, 2023, Rain Carbon Canada Inc. shall submit to the ministry a request for new site-specific standards for benzene and benzo(a)pyrene for the site that includes the information set out in section 33 of O. Reg. 419/05 and the Guide to Requesting a Site-specific Standard (PIBS # 6322e02)
- by May 1, 2023, Rain Carbon Canada Inc. shall submit a completed application for an amended Environmental Compliance Approval (air and noise)
- by May 1, 2023, Rain Carbon Canada Inc. shall submit a copy of the completed Environmental Compliance Approval (air and noise) application referred to in Item No. 7, and the completed request for a new site-specific standard referred to in Item No. 6 to the undersigned director.
Minor revisions were made in the background section of the order to reflect the issuance of the Environmental Compliance Approval Notice, which occurred on November 17, 2022. A copy of the final order can be found under supporting materials.
Effects of consultation
The ministry considers all comments received during the comment period. There were two comments received during the comment period which were both supportive of the ministry’s proposed action.
As a result, the order was issued as proposed.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from December 20, 2022 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
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)
Rain Carbon Canada Inc.
725 Strathearne Ave North
Hamilton,
ON
L8H 5L3
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Stephen Burt
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
Proposal details
The ministry is proposing to issue a director’s order under section 18 of the Environmental Protection Act to Rain Carbon Canada Inc. to require the company to:
- submit applications and supporting documentation for new site-specific standards
- submit an amended environmental compliance approval
- hold a public meeting
The order items that are proposed to be included in this order are summarized as follows:
- by January 31, 2023, Rain Carbon Inc. shall submit an Emission Summary and Dispersion Modelling (ESDM) report that provides emissions information for the current operations at the facility and in accordance with paragraphs 1 and 2 subsection 33(1) of O. Reg. 419/05
- by March 17, 2023, Rain Carbon Canada Inc. shall submit a Technology Benchmarking Report that meets the requirement of paragraphs 3 to 6 of subsection 33(1) of O. Reg. 419/05 in respect of benzene and benzo(a)pyrene emissions from the site
- by April 3, 2023, Rain Carbon shall submit an Action Plan that includes the information set out in paragraph 7 of subsection 33(1), or paragraph 4 of subsection 33(4) of O. Reg. 419/05, and is prepared in accordance with the Guideline for Implementation of Air Standards in Ontario (GIASO) [Guideline A-12 - PIBS# 5166e03]
- by April 3, 2023, Rain Carbon Canada Inc. shall submit an update of the ESDM report required by Order Item No.1 that includes the findings of the Technology Benchmarking Report (Order Item No. 2) and incorporate the Action Plan (Order Item 3)
- by April 17, 2023, Rain Carbon Canada Inc. shall complete at least one public meeting on the proposed request to set a site-specific standard for benzene and benzo(a)pyrene
- by May 1, 2023, Rain Carbon Canada Inc. shall submit to the ministry a request for new site-specific standards for benzene and benzo(a)pyrene for the site that includes the information set out in section 33 of O. Reg. 419/05 and the Guide to Requesting a Site-specific Standard (PIBS # 6322e02)
- by May 1, 2023, Rain Carbon Canada Inc. shall submit a completed application for an amended Environmental Compliance Approval (air and noise)
- by May 1, 2023, Rain Carbon Canada Inc. shall submit a copy of the completed Environmental Compliance Approval (air and noise) application referred to in Item No. 7, and the completed request for a new site-specific standard referred to in Item No. 6 to the undersigned director
The facility notified the ministry in April 2022 of a modelled exceedance of their current site-specific standards for benzene and benzo(a)pyrene which are set to expire on November 21, 2022. Rain Carbon Canada Inc. has committed to carrying out upgrades to the air pollution control systems at their facility. The intent of this order is to ensure that the company:
- identifies the best available and technically feasible control technology to reduce the discharge of contaminants from the facility
- defines a schedule for implementing upgrades and commissioning of new air pollution control systems
- requests new site-specific standards for both benzene and benzo(a)pyrene as soon as practicable
The order also proposes to require that Rain Carbon Canada Inc. submit an application to amend their Environmental Compliance Approval which is necessary in order to permit the use of upgraded and new air pollution controls, as well as host a public meeting about the upcoming applications for site-specific standards.
Additional consultations
Rain Carbon’s is required to maintain and participate in an Environmental Monitoring Team (EMT). The EMT which includes local community members, environmental organizations, and members from the ministry, meets quarterly. The EMT acts as a forum for dissemination, consultation, review, and exchange of information regarding the operation of the Rain Carbon facility, environmental issues such as air monitoring, analysis of air monitoring data, and any need for new or amended approvals. The ministry discussed its intent to issue this director’s order and provided a general overview of its content at the EMT meeting held on September 14, 2022. The ministry also committed to circulating notification to the EMT members once the draft director’s order is posted to the environmental registry of Ontario.
A copy of the draft order can be found under supporting materials.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comment
Commenting is now closed.
This consultation was open from November 4, 2022
to December 4, 2022
Connect with us
Contact
Stephen Burt
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
2By email
0By mail
0