Ferrell Builders Supply Limited - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-7790
Ministry reference number
3534-CW5PLJ
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
October 25, 2023 - December 9, 2023 (45 days) Closed
Last updated

This consultation was open from:
October 25, 2023
to December 9, 2023

Decision summary

We issued an amended Environmental Compliance Approval with Operational Flexibility (air and noise) to Ferrell Builders Supply Limited, a structural steel production facility, located in Hamilton, Ontario.

Location details

Site address

50 Dartnall Road
Hamilton, ON
Canada

Site location map

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

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Proponent(s)

Ferrell Builders Supply Limited
50 Dartnall Road
Hamilton, ON
L8W 3N1
Canada

Decision details

We issued an amended Environmental Compliance Approval with Operational Flexibility (air and noise) to Ferrell Builders Supply Limited, a structural steel production facility. Activities at the facility include:

  • oxy-fuel metal cutting;
  • spray painting and drying;
  • welding; and
  • receiving, storage, and shipping of steel products

Emissions to the air from this facility include:

  • chromium;
  • ferric oxide;
  • cobalt bis(2-ethylhexanoate);
  • limestone;
  • talc;
  • nickel; and
  • manganese.

The Environmental Compliance Approval with Operational Flexibility (air & noise), 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 Operational Flexibility (air & noise). The 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.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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 Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from October 8, 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)

Ferrell Builders Supply Limited
50 Dartnall Road
Hamilton, ON
L8W 3N1
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
019-7790
Ministry reference number
3534-CW5PLJ

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
019-7790
Ministry reference number
3534-CW5PLJ
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 25, 2023 - December 9, 2023 (45 days)

Proposal details

This proposal is for an amendment to Environmental Compliance Approval No. 2777- AG9K4E with Limited Operational Flexibility (air), which 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 Ferrell Builders Supply Limited, a structural steel production facility, located in Hamilton, Ontario.

The amendment is to:

  • update current sources
  • request Limited Operational Flexibility

The application includes all sources at the facility, including paint booths, welding and torch cutting operations.

Emissions to the air from this facility include:

  • chromium
  • ferric oxide
  • limestone
  • nickel
  • talc

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 Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from October 25, 2023
to December 9, 2023

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