Ontario's New Air Regulation

and Alternative Standards

As outlined in the Guideline for Implementation of Air Standards in Ontario (GIASO), air quality standards are put in place in an effort to protect both the environment and human health.  To definitively define the standards, the Ontario Ministry of the Environment must establish what is an acceptable amount of each particular pollutant that individual facilities can emit.  To do this, the ministry requires emitters to prepare ESDMs (Emissions Summary Dispersion Models) that look at how pollutants disperse after they are released, where they ultimately end up (i.e. In neighbourhoods?), and in what concentrations.  Recently, a new air quality regulation (reg. 419/05) was introduced in Ontario, bringing more stringent standards that will be "phased-in" over the next 5 years (see below table).  These newer standards are designed to protect both human health and the environment.  They also help industries to not infringe on a Point of Impingement standard for individual pollutants in the areas surrounding the facility.  A Point of Impingement (POI) occurs where an air pollutant reaches a point beyond the fenceline of the polluting facility (this could be your backyard...).  Air quality standards for POIs are created through a risk assessment calculation, taking into account both concentration and frequency of pollution events.  Essentially, monitoring companies can be contracted out by the MOE to perform ambient testing in neighbourhoods surrounding polluters; the monitoring data is used to establish the POI standards.

When a facility anticipates that it cannot meet a certain emission threshold for a particular pollutant within the specified phase-in period, they may apply for an "alternative standard" - a more lenient emission standard that allows the facility to legally emit higher levels of pollutants beyond the phase-in deadline. 

Both ArcelorMittal-Dofasco and US Steel are currently applying for alternative standards. If either were to receive an alternate standard, they would legally be able to emit toxins above the safety level set by the Ministry of the Environment for an additional 5 years. Subsequently, if they still are unable to reach the emission levels by 2015, they can re-apply for an alternative standard and continue to overpollute for an additional 5 years.

The procedure of application requires the each facility to complete and supply the following:

• Initial Alternative Standards Application
• Revised Emission Summary and Dispersion Modelling Report
• Site-Specific Technology Benchmarking Report
• Economic Analysis Report and Action Plan
• Pre-Submission and Public Consultation Report
• Final Alternative Standard Application

ArcelorMittal-Dofasco submitted the final piece of thier application on September 30th, 2009. Having done so, they have reached the next stage in the application process; where they are required to undergo a facility audit from a 3rd party consultant. These consultants were hired by the MOE and they will be releasing their findings in early December.

For more information on the alternative standards process and ArcelorMittal's application, please visit the Tools and Resources page of this website.

 Additional Information at a Glance

The following chart is a reproduction of the "Expected Requests for Alteration of Air Standards" for US Steel and ArcelorMittal-Dofasco taken from an MOE document: