Exempting low-risk activities from requiring environmental permissions

Ontario is working to create smarter and more efficient environmental permission processes to reduce delays for important projects such as transit, housing and infrastructure and to make Ontario more competitive.

As part of this work, the Ministry of the Environment, Conservation and Parks (the ministry) is proposing to exempt proponents from requiring environmental permissions for certain low risk sewage works, waste activities, water taking activities and air and noise emissions.

Exempting these activities would mean that proponents no longer have to obtain ministry-reviewed permissions such as Environmental Compliance Approvals (ECAs) and Permits to Take Water (PTTWs) for these activities nor would they be required to register these activities on the Environmental Activity and Sector Registry (EASR). For some activities, proponents will be required to comply with regulatory requirements that are intended to mitigate risks, to be eligible for the exemption.

These changes will align approval requirements with the level of risk posed by these activities. The activities proposed to be exempted are low risk, as risks are managed through standard practices or through other approvals, for example, a municipal approval. For these activities, the ministry’s review of these activities does not result in changes that have an impact on protecting human health and the environment. Exempting these activities would allow the ministry to focus its resources on more complex activities.

The proposed changes would reduce regulatory burden for proponents such as municipalities, businesses, developers, transit authorities and crown corporations, and would help speed up important projects such as housing and infrastructure.

Proposed regulatory changes

1. Proposed amendments to Ontario Regulation 525/98 (Approval Exemptions) under the Ontario Water Resources Act (OWRA)

The ministry is proposing to amend Ontario Regulation 525/98 to exempt proponents from requiring an ECA or EASR registration for the following sewage and stormwater works:

• private sewers servicing up to five residential properties that discharge to a municipal sewer service connection
• temporary stormwater works related to construction projects at a site where construction occurs but does not include a site that is located on the following sites: mines, mine development, mine reclamation, pits or quarries
  • proponents would still be required to have erosion and sediment control measures in place for any direct discharge to the natural environment
  • if these temporary works are planned to become permanent works in the future, an ECA would be required prior to their permanent operation
• the replacement of an existing storm sewer with a new sewer that has similar dimensions and performance criteria [expanding section 2(1)4, which exempts sewers, to clarify that the exemption includes storm sewers]
• expanding an existing exemption related to a storm water management works that is designed to service one lot or parcel of non-industrial land to include discharge to a conveyance ditch [expanding section 3(b), which currently exempts discharge to a storm sewer]
• publicly owned sewage works that discharge partially treated sewage into a sanitary sewer via a service connection [currently only privately owned providing partial treatment are exempt under OWRA section 53(6)(b)]
• sanitary sewage pumping stations serving one lot or parcel of land that discharge to a sanitary sewer
• discharge of water from splash pads, swimming pools, water fountains, and water features located in schools, parks and community centres
• sand filtration equipment that filters water that is taken for use in a manufacturing or industrial operation
• sewage works that are not designed to directly or indirectly discharge to land, surface water or ground water

In many cases, these works discharge into municipal sewer systems and require municipal approvals. For others, the ministry is proposing to include requirements that certain controls be in place to be eligible for the exemption. See appendix for further details.

Discussion questions:

1. Should the ministry require verification by a qualified professional that the sewage works has been adequately designed?
2. Are there other sewage works that do not discharge directly or indirectly to land, surface water or groundwater, such as those at mining operations, that should or should not be included in this proposed exemption?

2. Proposed amendments to Ontario Regulation 524/98 (Environmental Compliance Approvals – Exemptions from section 9 of the Act) under the Environmental Protection Act (EPA)

The ministry is proposing to amend Ontario Regulation 524/98 to exempt proponents from requiring an ECA or EASR registration for air and noise emissions from the below listed equipment and activities. Any municipal by-laws such as noise control by-laws would continue to apply. See appendix for further details.

• Small kilns used primarily to fire ceramicware at pottery studios
  • This exemption would apply to small kilns, such as those commonly found in pottery studios or educational institutions that are used to fire ceramicware like pottery and dinnerware
  • Businesses using larger kilns such as those used in manufacturing or industrial operations would continue to require environmental permissions
• Equipment used for the warehousing, packaging and distribution of goods, which includes receiving, temporary storage and redistribution and shipping of the goods to their next destination
  • This exemption would not include warehousing facilities located on a property where additional activities require an environmental permission such as a manufacturing facility. In these cases, proponents would continue to require environmental permissions
• Equipment (e.g., stop log lifters) that is used to manage water levels by adding or removing logs at a dam as defined under the Lakes and Rivers Improvement Act, if they meet the following criteria:
  • equipment that uses diesel or biodiesel must be designed to meet at a minimum, Tier 1 Emission Standards set out in Table 1 of 40 CFR 89.112 (United States)
  • equipment that uses propane or natural gas must be designed to discharge less than 9.2 grams of nitrogen oxides per kWh
• Equipment (e.g., heating systems, boilers) related to de-icing systems at transit station platforms and switch heaters on railways
• Expanding the existing exemption for standby power systems under Ontario Regulation 524/98

Discussion questions:

• Are there any air and noise emissions from additional activities that the ministry should consider for an exemption and why?
• Are there any other types of fuels used by stop log lifters and what are the typical exhaust emission standards that are met as per the manufacturer’s specifications?

3. Proposed amendments to Ontario Regulation 347 (General – Waste Management) under the EPA

The ministry is proposing to exempt proponents from requiring an ECA or EASR registration for the following waste activities:

• Small-scale community composting
• Upgrading biogas to renewable natural gas for injection into natural gas distribution infrastructure when receiving the gas from a landfill site or from an organic waste anaerobic digestion facility

These exemptions would reduce red tape for certain renewable energy and composting activities, which have benefits for communities. Exempting these activities from requiring a permission under Ontario Regulation 347 (General – Waste Management) would not impact other approvals that would be required to construct or operate these gas upgrade facilities. See appendix for further details.

4. Proposed amendments to Ontario Regulation 387/04 (Water Taking and Transfer) under the OWRA

The ministry is proposing to exempt more proponents from requiring a PTTW for the following water taking activities:

• All foundation drainage systems that are used to maintain dry building foundations when taking up to a maximum of 379,000 litres per day
  • Currently, only residential foundation drainage systems that take up to a maximum of 379,000 litres per day of water are exempt
• Amendments to clarify that dewatering within cofferdams is exempt under section 4.(3) and (4) of O. Reg. 387/04: Water Taking and Transfer

See appendix for further details.

Transition provisions

Once a decision is made on this proposal, businesses that have existing environmental permissions for works and activities that are exempted can apply to the ministry for a revocation of their existing environmental permissions as needed.

Background

In most cases, proponents require environmental permissions from the ministry for sewage and stormwater works, waste activities, water taking activities and air emissions. These permissions include ministry-reviewed permissions such as ECAs and PTTWs, and online registrations on the EASR.

Under Ontario Regulations 525/98, 524/98 and 387/04 and Regulation 347, several types of activities and works are currently exempt where the ministry has already identified that the issuance of permissions does not enhance protection of human health and the environment or where the risks are managed through other approvals.

Public consultation opportunities

This proposal has been posted for a 60-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered before making a decision on the proposal.

Regulatory impact assessment

This proposal is expected to reduce burden on proponents as they would spend less time and money obtaining environmental permissions for low-risk activities and early project phases. The proposed changes will also help speed up important projects such as transit, housing and infrastructure, helping to make Ontario more competitive.

We are working to develop a Regulatory Impact Assessment to determine potential costs or estimated savings related to this proposal and are asking for feedback from proponents related to cost impacts of this proposal.