2.
 2. (1) Subject to subsections (2) and (3), the following are prescribed activities for the purposes of subsection 20.21 (1) of the Act: 1. The use, operation, construction, alteration, extension or replacement of any plant, structure, equipment, apparatus, mechanism or thing at a facility that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water. 2. The alteration of a process or rate of production at a facility if the alteration may result in, i. the discharge of a contaminant into any part of the natural environment other than water, or ii. the alteration of the rate or manner of discharge of a contaminant into any part of the natural environment other than water. O. Reg. 1/17, s. 2 (1). (2) Subsection (1) does not apply in respect of the following activities: 1. An activity engaged in at a facility that is part of a class identified by a NAICS code listed in the Schedule to this Regulation, if the NAICS code is the primary NAICS code for the facility. 2. An activity engaged in at a facility that is part of a class identified by a NAICS code that begins with 3212 (Veneer, plywood and engineered wood product manufacturing) if that NAICS code is the primary NAICS code for the facility. However, subsection (1) does apply in respect of an activity engaged in at a facility that is part of a class identified by the NAICS code 321211 (Hardwood veneer and plywood mills). 3. An activity engaged in at a facility at which at least one of the following activities takes place: i. The land disposal of waste. ii. The processing or disposal of waste by way of thermal treatment, other than the thermal treatment of the fuel described in subparagraph iii in a small wood-fired combustor that was installed at the facility on or after January 31, 2017. iii. The use of a wood-fired combustor, other than a small wood-fired combustor that was installed at the facility on or after January 31, 2017, that meets the design criteria set out in Chapter 5 of the EASR publication, and that exclusively uses as fuel one or more of the following: A. Wood briquettes that meet the specifications set out in Chapter 5 of the EASR publication. B. Wood chips that meet the specifications set out in Chapter 5 of the EASR publication. C. Wood pellets that meet the specifications set out in Chapter 5 of the EASR publication. iv. The use of a plating process that uses cadmium, cyanide, chromium or nickel, including chrome plating, electroplating or electroless plating. v. The use of an electrolytic stripping process that removes cadmium, chromium or nickel from an object. vi. The processing of metals outdoors, including torching, shearing, shredding or plasma cutting, other than for the purpose of routine maintenance carried out at the facility on any plant, structure, equipment, apparatus or thing. vii. The operation of an alternative low-carbon fuel site within the meaning of Ontario Regulation 79/15 (Alternative Low-Carbon Fuels) made under the Act. viii. The operation of an end-of-life vehicle waste disposal site within the meaning of Ontario Regulation 85/16 (Registrations under Part II.2 of the Act - End-of-life Vehicles) made under the Act. ix. The operation of a fossil-fuel electric power generation facility with a maximum electrical power output capacity equal to or greater than 25 megawatts. x. The operation of a combustion source that uses biogas, biomass, coal, petroleum coke or waste as a fuel or that uses a fuel derived from biogas, biomass, coal, petroleum coke or waste, but does not include, A. the operation of a small wood-fired combustor that was installed at the facility on or after January 31, 2017 and that exclusively uses one or more of the fuels described in subparagraph iii, and B. the operation of a combustion turbine that meets the conditions set out in paragraphs 1 to 3 of subsection (2.1). xi. The use of a combustion turbine, except if the conditions set out in subsection (2.1) apply in respect of the combustion turbine. 4. An activity engaged in at a facility if a landfilling site that is no longer permitted to accept waste is located on the site on which the facility is located. 5. An activity engaged in at a facility if a site-specific air standard is or has previously been set in respect of the facility under section 35 of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act for a contaminant discharged from the facility. 6. An activity engaged in at a facility if, in respect of the facility, a person is or has previously been registered in the Ministry’s Technical Standards Registry – Air Pollution under section 39 of Ontario Regulation 419/05. 7. A discrete activity involving the use of equipment that is intended to be moved from one site to another to perform the same function at each site, such as the use of mobile rock crushing equipment or mobile PCB destruction equipment. 8. An activity engaged in at a facility that is located on a property that is one of a group of properties that are deemed to be a single property under subsection 4 (2) of Ontario Regulation 419/05. 9. An activity that is exempt from subsection 9 (1) of the Act, other than an activity that is exempt by operation of subsection 9 (4) of the Act. O. Reg. 1/17, s. 2 (2); O. Reg. 274/21, s. 2 (1, 2). (2.1) For the purposes of subparagraph 3 xi of subsection (2), the following conditions must be met: 1. The fuel burned in the combustion turbine is natural gas or other gaseous fuel that meets the following criteria: i. It is at least 90 per cent methane by volume. ii. It has an energy content of at least 35 megajoules per cubic metre. iii. It has a total sulphur content of less than 120 milligrams per cubic metre. 2. The combustion turbine has, or, if there is more than one combustion turbine at the facility, all of them when taken together have, a maximum combined electrical and mechanical power output capacity of less than 25 megawatts. 3. If the combustion turbine is part of a system that has an auxiliary burner, the auxiliary burner is only fuelled by the natural gas or other gaseous fuel mentioned in paragraph 1 and the maximum fuel input capacity of the burner is less than the maximum fuel input capacity of the combustion turbine. O. Reg. 274/21, s. 2 (3). (3) Subsection (1) does not apply to activities engaged in with respect to a renewable energy project if, by operation of subsection 9 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals Under Part V.0.1 of the Act) made under the Act, section 47.3 of the Act does not apply to a person engaging in the project. O. Reg. 1/17, s. 2 (3). (4) Despite subsection (3), subsection (1) does apply to activities engaged in with respect to a renewable energy project if, (a) by operation of paragraph 12 of subsection 9 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals Under Part V.0.1 of the Act) made under the Act, section 47.3 of the Act does not apply to the person engaging in the project; and (b) the project meets the requirements provided for in subparagraph 3 iii of subsection 2 (2). O. Reg. 274/21, s. 2 (4).