Procor Limited - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-6413
Ministry reference number
0217-CKHNYG
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
December 15, 2022 - January 29, 2023 (45 days) Closed
Last updated

This consultation was open from:
December 15, 2022
to January 29, 2023

Decision summary

An approval was issued to amend the Environmental Compliance Approval (air & noise) No. 5576-9C5K3R with Limited Operational Flexibility for Procor Limited, a rail car repair and cleaning facility located in Sarnia, Ontario.

Location details

Site address

725 Procor Drive
Sarnia, ON
Canada

Site location map

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

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Proponent(s)

Procor Limited
725 Procor Drive
Sarnia, ON
N7T 7H3
Canada

Decision details

An approval was issued to amend the Environmental Compliance Approval (air & noise) No. 5576-9C5K3R with Limited Operational Flexibility for Procor Limited, a rail car repair and cleaning facility located in Sarnia, Ontario.

The emission sources from the railcar cleaning and repair operations that discharge to the air include :

  • railcar cleaning and vent flaring
  • painting and grit blasting
  • repairing and welding

The amendment includes the addition of a new grit blasting and painting shop. The approved facility production limit of 3500 railcars processed per year remains unchanged.

Major emissions to the air from this facility include:

  • volatile organic compounds such as methyl ethyl ketone, xylene and formaldehyde
  • metals such as aluminum, nickel and manganese
  • products of combustions such as nitrogen oxides and sulphur dioxide

The approval is an Environmental Compliance Approval (air) with Limited Operational Flexibility, which is a single approval that replaces all the current Environmental Compliance Approvals for air at this facility, and includes the addition of new, or historically unapproved, sources for all emissions from the facility.

The Environmental Compliance Approval (air) with Limited Operational Flexibility requires that the company demonstrates compliance on an ongoing basis with:

  • Ontario Regulation 419/05
  • applicable ministry guidelines for air and noise
  • other performance requirements as specified in their conditions

It permits modifications such as process changes, de-bottlenecking or addition of new equipment subject to limits on operational flexibility that include a production limit for the facility specified in the approval.

The limited operational flexibility conditions have a 10 years expiry date. The company is required to make an application for amendment at that time to renew these conditions.

Comments received

Through the registry

0

By email

0

By mail

1
View comments submitted through the registry

Effects of consultation

One comment was received from the local public. The comment received was reviewed and considered by the ministry. The concerns expressed and ministry responses are summarized below:

Concern #1:

Concern regarding air and noise emission impacts on nearby residents due to proposed expansion plans.

Response:

An application for an amendment to the company’s current air and noise Environmental Compliance Approval was made to the ministry by the company. The reasons for the amendment application are:

  1. the addition of a new painting/grit blasting building which would allow the company to paint and coat rail cars in addition to the current approved repair work, and
  2. to renew the limited operational flexibility conditions of the approval.

The previously approved railcars processing capacity of 3500 railcars per year and railcar processing equipment including flares have not undergone any modifications and remain unchanged. The air emissions related to the expansion are primarily from the addition of the new painting/grit blasting operation.

The assessment conducted by the company on sitewide air and noise emissions demonstrate compliance with the ministry’s air and noise regulations and guidelines including O. Reg. 419 – Local Air Quality, which includes air quality limits for air contaminants. The company is required to continually demonstrate compliance with ministry requirements including compliance with O. Reg. 419 – Local Air Quality. The ministry conducts inspections and responds to complaints to ensure that the operation of industrial facilities meet approval requirements. The facility’s new proposal includes quieter equipment and additional noise control measures to reduce sound levels at the receptors. If a facility requires noise control measures to achieve compliance, acoustic audits are required to verify post-implementation compliance.

Concern #2

Although a Traffic Impact Statement was submitted to the City of Sarnia by the proponent, there is no mention of an Environmental Impact Statement.

Response:

Traffic impacts and an Environmental Impact Statement are not considered as a part of section 9 - Environmental Protection Act (EPA) applications and is not within the jurisdiction of air and noise approvals.

Concern #3:

Concern regarding disposal of potentially contaminated soil and hazardous wastes.

Response:

Potential soil and groundwater contamination, hazardous wastes and its disposal are not within the jurisdiction of air and noise approval applications under section 9 of the EPA.

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 February 6, 2024 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:

  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
Nancy Orpana
Manager, Air Approvals

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

(613) 484-2675

Proponent(s)

Procor Limited
725 Procor Drive
Sarnia, ON
N7T 7H3
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-6413
Ministry reference number
0217-CKHNYG

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
019-6413
Ministry reference number
0217-CKHNYG
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

December 15, 2022 - January 29, 2023 (45 days)

Proposal details

This proposal is for an amendment to Environmental Compliance Approval (air & noise) No. 5576-9C5K3R with Limited Operational Flexibility for Procor Limited, a rail car repair and cleaning facility located in Sarnia, Ontario.

The emission sources from the manufacturing and associated processes that discharge to the air include:

  • depressurizing
  • venting
  • cleaning
  • touch-up painting
  • repairing
  • welding
  • disassembling and assembling operations

The amendment includes:

  • the addition of a new painting and lining shop
  • a change to the facility production limit from 3,500 rail cars per year to 3,425 rail cars processed per year

Emissions to the air from this facility include:

  • isobutylene
  • methyl ethyl ketone
  • xylene
  • aluminum

The Environmental Compliance Approval with Limited Operational Flexibility (air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).

The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

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 December 15, 2022
to January 29, 2023

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