Amendment to O. Reg. 88/22: AIR POLLUTION - DISCHARGE OF SULPHUR DIOXIDE FROM PETROLEUM FACILITIES ​

Ontario updated sulphur dioxide (SO_₂) air standards in 2018 which came into effect in 2023. In 2018 Ontario also made O. Reg. 530/18: Air Pollution – Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029 (O. Reg. 530/18) to improve how petroleum facilities manage flaring events and to strengthen accountability. In 2022, Ontario made O. Reg. 88/22: Air Pollution – Discharge of Sulphur Dioxide from Petroleum Facilities (O. Reg. 88/22) to regulate SO_₂ emissions from petroleum facilities. With the making of this regulation, facilities in the sector were exempted from meeting the updated SO_₂ air standards in O. Reg. 419/05: Air Pollution – Local Air Quality (O. Reg. 419/05). O. Reg. 88/22 was also designed to gradually take over the regulatory role of O. Reg. 530/18.

O. Reg. 88/22 replaces the requirement for facilities in this sector to comply with the sulphur dioxide air standards with requirements for continuous emissions monitoring, flare performance, emissions minimization planning, community air monitoring and meeting emission limits. It also includes requirements to publicly report root cause analyses and corrective/preventive action reports for exceedances of emission limits. O. Reg. 88/22 sets out emission limits for different types of petroleum processes and equipment including flares. Flares are generally considered safety devices that combust gases from different petroleum processes, including gases that may be relieved from equipment to avoid over pressurization. Flaring of gases that contain sulphur can result in large, rapid releases of SO_₂ that may result in ground level concentrations of SO_₂ in nearby communities at levels that may cause difficulty in breathing and increase asthma symptoms.

Currently, the flare emission limit set out in section 13 of O. Reg. 88/22, which provides that a person shall not discharge or cause or permit the discharge of more than 225 kilograms of SO_₂ into the air during a 24-hour period from a flare at a petroleum facility, will start to apply on January 1, 2027. The flare emission limit replaces the acid gas combustion equipment discharge limit in subsection 5 (1) of O. Reg. 530/18, which will be revoked on January 1, 2027.

We are proposing to delay the taking effect of section 13 of O. Reg. 88/22 and the corresponding revocation of subsection 5 (1) of O. Reg. 530/18 and related provisions by one year to January 1, 2028. This would provide the ministry with additional time to consider potential amendments to O. Reg. 88/22 related to sulphur dioxide emissions during emergencies, malfunctions, and scheduled maintenance periods (e.g. turnarounds).

This proposal would affect the five petroleum facilities that O. Reg. 88/22 and O. Reg. 530/18 apply to:

• Imperial Oil (Sarnia)
• Imperial Oil (Nanticoke)
• Shell (Sarnia)
• Suncor (Sarnia)
• Petro-Canada Lubricants (Mississauga)

The ministry invites feedback from the public, municipalities, Indigenous communities, environmental groups and industry on the proposed amendment.

Description of Proposed Amendment

The ministry is proposing the following amendments:

• Amend section 4 of O. Reg. 88/22: Air Pollution – Discharge of Sulphur Dioxide from Petroleum Facilities to provide that section 13 (the flare emission limit) does not apply until January 1, 2028
• Amend O. Reg. 89/22, to change the date subsection 5 (1) of O. Reg. 530/18 (the acid gas combustion equipment discharge limit) is revoked to January 1, 2028. The coming in force of related revocations and amendments to O. Reg. 530/18 (namely revocation of section 5 (2) to (4), amendments to section 5 (5) and (6), revocation of section 7 (8) and amendments to section 7 (9) and (11)) would also be changed to January 1, 2028
• A consequential amendment to O. Reg. 222/07: Environmental Penalties, made under the Environmental Protection Act, to change the date in column 4 of Table 2 for item 3.3 to January 1, 2028, to reflect the updated date on which section 13 of O. Reg. 88/22 first applies

Regulatory Impact Statement

The proposed amendment would delay the coming-into-force date of the new flaring limit by one year while maintaining the existing limit in subsection 5 (1) of O. Reg. 530/18, in order to provide the ministry with additional time to consider potential amendments to O. Reg. 88/22. As such, this proposal would maintain the existing regulatory requirements with regard to the current SO_₂ emissions from acid gas combustion equipment (which includes flares) at petroleum facilities, and no new environmental, social and economic impacts are anticipated. MECP will continue to assess and evaluate impacts related to sulphur dioxide emissions from flaring.

Background

Our government takes sulphur dioxide emissions very seriously. We know that short-term exposure to sulphur dioxide can cause respiratory distress, especially in sensitive individuals such as those with asthma, and may cause difficulty breathing and increased asthma symptoms. In some cases, sulphur dioxide exposure can cause effects on the heart, which may result in hospital admissions or, in severe cases, premature death. We also know that long-term exposure to sulphur dioxide can damage crops, trees, and other vegetation. It is a precursor to acid rain and can contribute to the acidification of soil, lakes, and streams.

Sulphur dioxide emissions can be a source of fine particulate matter, which is either emitted directly as primary particulate matter or forms as secondary particulate matter when sulphur dioxide reacts with other pollutants in the air. Fine particulate matter is associated with various negative health impacts, particularly on the respiratory and cardiovascular systems. Reduced fine particulate matter would be a co-benefit if companies progressively eliminate the causes of flaring and prevent recurrence.