Renewable Energy Approval: Proposed Amendments to Recognize the Biogenic Portion of Municipal Solid Waste.

Context

Ontario is proposing to amend the Environmental Protection Act and update the definition of ‘biomass’ in the Renewable Energy Approval (REA) Regulation (O. Reg. 359/09) made under the Environmental Protection Act to support recognition of the biogenic component of waste processed by Energy from Waste (EfW) facilities that produce energy from incinerating residual municipal waste (including materials such as plastics, metals, and biogenic content like wood, food waste, fabric, and soiled paper). 

It is estimated that the residual municipal waste feedstock that EfW facilities produce energy from contains 45-55% biogenic content, which is a renewable resource. Unlike other Canadian jurisdictions, there is currently limited recognition of the biogenic components of municipal waste as a renewable energy source in Ontario. 

We are seeking feedback on a proposal to: 1) make changes to the Environmental Protection Act and other Ministry of the Environment, Conservation and Parks (MECP) regulations to enable an updated definition of biomass that includes the biogenic portion of municipal waste, and 2) create a new thermal treatment class for EfW facilities that burn municipal waste that includes biogenic content, so that such facilities could obtain a Renewable Energy Approval.

Proposed Definition Update: Recognizing the Biogenic Portion of Municipal Waste

When EfW facilities burn residual municipal waste, the biogenic portion is considered carbon neutral. Updating the definition of biomass in the REA Regulation and connected definitions under the Environmental Protection Act will recognize the biogenic portion of municipal waste as a renewable energy source. MECP will also consider consequential amendments to other MECP regulations.

Proposed ‘One-Window’ Permitting Process for EfW

Currently, most proposed new or expanded EfW facilities that incinerate municipal waste are required to first undergo an environmental assessment and then obtain environmental compliance approvals.

To provide EfW facilities that incinerate municipal waste with an option to use a one-window permitting process, Ontario is proposing the creation of a new thermal treatment class in the REA Regulation and considering complementary amendments to other MECP legislation and regulations. Additional changes to ensure environmental protection at these sites will also be considered.

Supporting Energy from Waste in Ontario 

Waste streams can generate value to the economy, either as inputs for new products or as an energy source. Including the biogenic portion of municipal waste in the definition of biomass in the REA Regulation would recognize the renewable contribution of EfW facilities that incinerate municipal waste to support renewable energy in the province. 

This policy proposal could help promote more investment in EfW facilities in Ontario, help reduce the volume of waste going to landfills and increase the recovery of energy from the waste Ontarians produce.