As if we weren't worried enough, here's one example of how mines get around standards and how the EPA works. Site-specific altered air standard allows mines to go ahead polluting with the okay nod from our regulators.
Grrrrr,
As posted at:
http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA1MzA3&statusId=MTU3NzQ2&language=en Instrument Proposal Notice: EBR Registry Number: 010-5389
Proponent: Xstrata Canada Corporation ( Xstrata
Copper Canada - Kidd Metallurgical )
10050 101 Highway East
P.O. Bag 2002
Timmins Ontario
Canada P4N 7K1
Instrument Type: Approval of an alteration to
an air standard under the Environmental Protection Act - EPA reg. 419 (32)21
Ministry Reference Number:
8063-7L3NX4
Ministry:
Ministry of the Environment
Date Proposal loaded to the Registry:
December 11, 2008
[]
Keyword(s): Air
Comment Period: 120 days: submissions may be made
between December 11, 2008 and April 10, 2009.
Description of Instrument:
This is a notice of a request by Xstrata Copper
Canada for the alteration of the Schedule 3
standards under section 32 of Ontario Regulation
419/05: Air Pollution - Local Air Quality (O.
Reg. 419/05) for cadmium, lead, suspended
particulate matter and sulphur dioxide at the
Kidd Metallurgical Site located at 10050 Highway
101 East in Timmins, Hoyle Township, Ontario.
Cadmium:
The new cadmium air standard to be phased in on
February 1, 2013 for this facility is set out in
Schedule 3 to O.Reg. 419/05 as 0.025 microgram
per cubic metre (24-hour average). Xstrata Copper
Canada has requested a site-specific altered air
standard for cadmium of 0.41 micrograms per cubic
metre (24-hour average) that is to be applied at
all points of impingement. In summary, the
supporting material from Xstrata Copper Canada
indicates that this is the minimum level that is
technically and economically feasible for this
facility at this time. This conclusion by the
company is based upon a review of air pollution
requirements in other jurisdictions, a review of
available pollution control methods and the
results of the Emission Summary and Dispersion Modelling (ESDM) report.
The maximum 24-hour average concentration of
cadmium, assessed by Xstrata Copper Canada, at
the nearest residence in the vicinity of Xstrata
Copper Canada in Hoyle Township is 0.075
micrograms per cubic metre (the frequency of
exceedence of the cadmium air standard at this
residence is predicted by atmospheric dispersion
modelling to be 260 days in five years).
Lead:
The current lead air standards are set out in
Schedule 3 to O.Reg. 419/05 as 2 micrograms per
cubic metre (maximum 24-hour average) and 0.7
micrograms per cubic metre (30-day average). The
new lead air standards to be phased in on
February 1, 2010 for this facility are set out in
Schedule 3 to O.Reg. 419/05 as 0.5 microgram per
cubic metre (24-hour average) and 0.2 microgram
per cubic metre (maximum 30-day average). Xstrata
Copper Canada has requested site-specific altered
air standards for lead of 2.06 micrograms per
cubic metre (maximum 24-hour average) and 0.5
microgram per cubic metre (30-day average) that
are to be applied at all points of impingement.
In summary, the supporting material from Xstrata
Copper Canada indicates that this is the minimum
level that is technically and economically
feasible for this facility at this time. This
conclusion by the company is based upon a review
of air pollution requirements in other
jurisdictions, a review of available pollution
control methods and the results of the Emission
Summary and Dispersion Modelling (ESDM) report.
The maximum 24-hour average concentration of
lead, assessed by Xstrata Copper Canada, at the
nearest residence in the vicinity of Xstrata
Copper Canada in Hoyle Township is 0.853
micrograms per cubic metre (the frequency of
exceedence of the lead air standard at this
residence is predicted by atmospheric dispersion
modelling to be 35 days in five years).
The maximum 30-day average concentration of lead,
assessed by Xstrata Copper Canada, at the nearest
residence in the vicinity of Xstrata Copper
Canada in Hoyle Township is 0.202 micrograms per
cubic metre (the frequency of exceedence of the
lead air standard at this residence is predicted
by atmospheric dispersion modelling to be 1 month in five years).
Suspended Particulate Matter:
The suspended particulate matter air standard to
be phased in on February 1, 2010 for this
facility is set out in Schedule 3 to O.Reg.
419/05 as 120 micrograms per cubic metre (24-hour
average). Xstrata Copper Canada has requested a
site-specific altered air standard for suspended
particulate matter of 374 micrograms per cubic
metre (24-hour average) that is to be applied at
all points of impingement. In summary, the
supporting material from Xstrata Copper Canada
indicates that this is the minimum level that is
technically and economically feasible for this
facility at this time. This conclusion by the
company is based upon a review of air pollution
requirements in other jurisdictions, a review of
available pollution control methods and the results of the ESDM report.
The maximum 24-hour average concentration of
suspended particulate matter, assessed by Xstrata
Copper Canada, at the nearest residence in the
vicinity of Xstrata Copper Canada in Hoyle
Township is 160 micrograms per cubic metre (the
frequency of exceedence of the suspended
particulate matter air standard at this residence
is predicted by atmospheric dispersion modelling to be 1 day in five years).
Sulphur Dioxide:
The sulphur dioxide air standards to be phased in
on February 1, 2010 for this facility are set out
in Schedule 3 to O.Reg. 419/05 as 690 micrograms
per cubic metre (1-hour average) and 275
micrograms per cubic metre (24-hour average).
Xstrata Copper Canada has requested site-specific
altered air standards for sulphur dioxide of 1202
micrograms per cubic metre (1-hour average during
normal operation), 1677 micrograms per cubic
metre (1-hour average during start-ups occurring
less than 15 hours per year) and 387 micrograms
per cubic metre (24-hour average) that are to be
applied at all points of impingement. In summary,
the supporting material from Xstrata Copper
Canada indicates that this is the minimum level
that is technically and economically feasible for
this facility at this time. This conclusion by
the company is based upon a review of air
pollution requirements in other jurisdictions, a
review of available pollution control methods and
the results of the ESDM report.
The maximum 1-hour average concentration of
sulphur dioxide, assessed by Xstrata Copper
Canada, at the nearest residence in the vicinity
of Xstrata Copper Canada in Hoyle Township is
807.2 micrograms per cubic metre (the frequency
of exceedence of the sulphur dioxide air standard
at this nearest residence is predicted by
atmospheric dispersion modelling to be 59 hours in five years).
The maximum 24-hour average concentration of
sulphur dioxide, assessed by Xstrata Copper
Canada, is 152.8 micrograms per cubic metre at
the nearest sensitive receptor in the vicinity of
Xstrata Copper Canada in Hoyle Township and 161.5
micrograms per cubic metre at the Hoyle Mine
Fresh air raise. No exceedence of the sulphur
dioxide air standard based on a 24-hour average
is predicted by atmospheric dispersion modelling
at the nearby sensitive receptors.
Through O.Reg. 419/05, new or updated air quality
standards are established to be protective of
human health and environmental effects. Section
32 of O.Reg. 419/05 includes provisions for
site-specific alterations of air standards and
associated implementation timetable. This process
is intended to address technical and economic
implementation barriers related to meeting new or
updated air standards and/or the requirement to
use the United States Environmental Protection
Agency (US EPA) air dispersion models referenced in O.Reg. 419/05.
The alteration of air standards process was
developed to establish interim site-specific
standards with the goal of continuous improvement
toward achieving the effects-based standard set
out in the regulation over time. The Guideline
for the Implementation of Air Standards in
Ontario (GIASO) and the Guide to Requesting an
Alternative Air Standard are the primary Ministry
documents that describe the risk-based process
for setting an altered air standard.
The following information was submitted or is
required to be submitted to the Ministry to
support Xstrata Copper Canada's request:
* A Request form - which summarizes legal
information including name and location of requester, contaminant names, etc.;
* An Emission Summary and Dispersion
Modelling (ESDM) Report - which includes the
results from a modelling/ monitoring study and an
assessment of the magnitude and frequency of exceedence of the standard(s);
* A Technology Benchmarking Report - which
assesses and ranks technical methods for
reductions in contaminant concentrations and
provides an assessment of feasible technologies;
* An Economic Feasibility Analysis Report;
* An Action Plan with a schedule of
dates/timelines for the implementation of the
preferred technically and economically feasible option(s); and
* Public Consultation Report - which
summarizes the results of the mandatory public
meeting with the local community held October 28,
2008 prior to the request being made.
A copy of the information can be viewed at either
of the Ministry locations noted below or at the
offices of Xstrata Copper Canada - Kidd
Metallurgical Site in Hoyle Township. To view the
information at the Kidd Metallurgical site,
arrangements should be made by contacting Michael
Patterson, Manager Environment and Sustainable
Development, at (705) 235-8121 ext. 7527. The
release of information from the Ministry
contained in the request form and documentation
submitted in support of the request for an
alteration of the air standard is subject to the
provisions of the Freedom of Information and
Protection of Privacy Act. This Act defines what
may and may not be disclosed to the public and is
used to assess all requests for information under
the alteration air standard process.
The request for an altered standard can be
approved for a period of up to five (5) years (up
to ten (10) years in extenuating circumstances).
This ensures continual improvement and a
re-evaluation of technical (and optionally,
economic) considerations which evolve over time.
Public Consultation:
This proposal has been posted for a 120 day
public review and comment period starting
December 11, 2008. If you have any questions, or
would like to submit your comments, please do so
by April 10, 2009 to the individual listed under
"Contact". Additionally, you may submit your comments on-line.
All comments received prior to April 10, 2009
will be considered as part of the decision-making
process by the Ministry of the Environment if
they are submitted in writing or electronically
using the form provided in this notice and
reference EBR Registry number 010-5389.
Please Note: All comments and submissions
received will become part of the public record.
You will not receive a formal response to your
comment, however, relevant comments received as
part of the public participation process for this
proposal will be considered by the decision maker for this proposal.
Contact:
All comments on this proposal must be directed to:
Christina Labarge
Engineer, Air Pollution Control
Ministry of the Environment
Environmental Sciences And Standards Division
Standards Development Branch
Technology Standards Section
40 St. Clair Avenue West
Floor 6th
Toronto Ontario
M4V 1M2
Phone: (416) 325-7865
Fax: (416) 327-2936
To submit a comment online, click the submit button below:
Location(s) Related to this Instrument:
Kidd Metalurgical Site, 10050 Highway 101 E
Timmins City, District of Cochrane
CITY OF TIMMINS
Additional Information:
The following government offices have additional
information regarding this Proposal. To arrange a
viewing of these documents please call the
Ministry Contact or the Office listed below.
Standards Development Branch
40 St. Clair Avenue West
Floor 7th
Toronto Ontario
M4V 1M2
Phone: (416) 327-5519
Timmins District Office
101 Highway East
PO Bag 3080
Ontario Government Complex
South Porcupine Ontario
P0N 1H0
Phone: (705) 235-1500