Northern Sun Mining Corp. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-7628
Ministry reference number
3255-CSSQ8R
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
September 15, 2023 - October 30, 2023 (45 days) Closed
Last updated

This consultation was open from:
September 15, 2023
to October 30, 2023

Decision summary

An amendment to Environmental Compliance Approval (air and noise) No. 3613-A2KPR7 with Operational Flexibility was issued to Northern Sun Mining Corp., a mill processing nickel, copper, and gold ore located in South Porcupine, Ontario.

Location details

Site address

Part 1300, 1301, and 1302, Reference Plan 6R-3763
South Porcupine, ON
Canada

Site location map

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

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Proponent(s)

Northern Sun Mining Corp.
P.O. Box 5114
South Porcupine
Timmins, ON
P0H 1H0
Canada

Decision details

An amendment to Environmental Compliance Approval (air and noise) No.3613-A2KPR7 with Operational Flexibility was issued to Northern Sun Mining Corp., a mill processing nickel, copper, and gold ore located in South Porcupine, Ontario.

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

  • ore crushing
  • ore processing operations
  • material handling
  • other ancillary activities

This amendment includes the following:

  • inclusion of gold ore in addition to previously approved nickel-copper ore
  • approval of changes in previous approved equipment/processes
  • addition of limited operation flexibility to the ECA

Major emissions to the air from this facility include:

  • suspended particulate matter
  • metals such as manganese and nickel
  • Silica
  • Products of fuel combustion such as nitrogen oxides

The approval is an Environmental Compliance Approval (air) with 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 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

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

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

Concern #1:

Concern regarding cumulative air impacts of mining projects located in the general area of the facility

Response:

Northern Sun Mining Corp. (proponent) has demonstrated that their Redstone Mill (facility), when properly operated and maintained, would be in compliance with the ministry’s applicable air requirements under Regulation 419/05: Air Pollution – Local Air Quality.

The facility is located over 15 kilometres southwest of the residential clusters in the Timmins area and direct impacts due to the air emissions from this facility on residences are expected to be minimal. Conditions in the Approval require the facility to implement a Best Management Practice Plan for the control and minimization of dust emissions from its operations.

The Ministry’s policy on Cumulative Effects Assessment in air approvals, effective on October 1, 2018, was considered and it was found that no further action was required for the facility. The scope of the policy is limited to two contaminants in specific air sheds in Ontario and is not applicable to the contaminants and location of the facility. This policy is a first step that identifies specific contaminants and specific areas. The ministry will continue to look at other contaminants, sources and geographic areas and consult with public and stakeholders as the policy is expanded over time.

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 June 3, 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
Bijal Shah
Manager (A) | Air Approvals

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

416-314-8316

Proponent(s)

Northern Sun Mining Corp.
P.O. Box 5114
South Porcupine
Timmins, ON
P0H 1H0
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
019-7628
Ministry reference number
3255-CSSQ8R

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
019-7628
Ministry reference number
3255-CSSQ8R
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 15, 2023 - October 30, 2023 (45 days)

Proposal details

This proposal is for an amendment to the Limited Operational Flexibility for an Environmental Compliance Approval (air & noise) No. 3613-A2KPR7 for Northern Sun Mining Corp., a mill processing nickel, copper, and gold ore located in South Porcupine, Ontario.

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

  • milling
  • crushing
  • material handling
  • a warehouse
  • a core shack
  • an electrical shop
  • a mechanical shop
  • any other equipment and ancillary and support processes and activities

The amendment is to allow for the processing of gold ores with a facility production limit of 547,500 tonnes of ore per year, or 1,500 tonnes of ore per day.

Emissions to the air from this facility include:

  • total suspended particulate
  • arsenic
  • cadmium
  • chromium
  • copper
  • lead
  • products of combustion such as nitrogen oxides

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 September 15, 2023
to October 30, 2023

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