Update of ESDM report
 25. (1) If a report was prepared under section 23 that was required by that section to be prepared before February 1 in a year, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in that year.  O. Reg. 419/05, s. 25 (1). (2) If a person updates a report under subsection (1) or this subsection, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report again in accordance with section 26 so that the information in the report is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8).  O. Reg. 419/05, s. 25 (2). (3) If a report is prepared under subsection 22 (1) in respect of a facility that is part of a class identified by a NAICS code listed in Schedule 4, construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in the year the report was prepared.  O. Reg. 419/05, s. 25 (3). (4) If a report was prepared under subsection 22 (1) in respect of a facility that is part of a class identified by a NAICS code listed in Schedule 5, other than a class identified by a NAICS code listed in Schedule 4, construction of the facility began after November 30, 2005 and no application was made on or before that day for a certificate of approval in respect of the facility, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in the year the report was prepared.  O. Reg. 419/05, s. 25 (4). (5) If a report was prepared under subsection 24 (1) or 30 (4) or paragraph 1 of subsection 33 (1), the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report in accordance with section 26 so that the information in the report is accurate as of December 31 in the year the report was prepared.  O. Reg. 419/05, s. 25 (5); O. Reg. 507/09, s. 24 (1). (6) Subsection (5) does not apply if the Director is satisfied that discharges of contaminants from the property will not result in a contravention of section 19 or 20 and is not likely to cause an adverse effect.  O. Reg. 419/05, s. 25 (6); O. Reg. 507/09, s. 24 (2). (7) If a report is updated under subsection (3), (4) or (5) or this subsection, the person who discharges or causes or permits discharges of contaminants from the property to which the report relates shall update the report again in accordance with section 26 so that the information in the report is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8).  O. Reg. 419/05, s. 25 (7). (7.1) Subsections (1) to (7) do not apply to discharges of a contaminant from fuel burning equipment that is used for the sole purpose of providing heating to a building, if, (a) the equipment uses no fuel other than propane or natural gas; and (b) the equipment is the only source of contaminant at the facility that discharges the contaminant into the air.  O. Reg. 507/09, s. 24 (3). (7.2) If a person is required to update a report under this section and the report being updated was required by a notice given under subsection 24 (2.1) or (2.2) to include additional information, the person shall update that information so that it is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8) and shall include the updated information in the updated report.  O. Reg. 507/09, s. 24 (3). (7.3) If a person is required to update a report under this section and the report being updated was prepared under paragraph 1 of subsection 33 (1), the person shall update the additional information described in paragraph 2 of subsection 33 (1) or required by a notice given under subsection 33 (2), as the case may be, so that it is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8) and shall include the updated information in the updated report.  O. Reg. 507/09, s. 24 (3). (7.4) If a person is required to update a report under this section and the report being updated is required by subsection (7.2), (7.3) or this subsection to include additional information, the person shall update that information so that it is accurate as of December 31 in the year in which the last update was required to be completed under subsection (8) and shall include the updated information in the updated report.  O. Reg. 507/09, s. 24 (3). (7.5) Subsection (7.4) does not apply to additional information if the information was originally required by a notice given under subsection 24 (2.1) or (2.2) or 33 (2) and the notice is revoked.  O. Reg. 507/09, s. 24 (3). (8) If a person is required under this section to update a report so that the information in the report is accurate as of December 31 in a year, the person shall complete the update not later than March 31 in the following year.  O. Reg. 419/05, s. 25 (8). (9) A person who is required under subsection (8) to complete the update of a report not later than March 31 in a year shall, as soon as practicable after that date, notify a provincial officer in writing if the person has started to use an approved dispersion model with respect to a contaminant for the purpose of completing the update but has not yet complied with section 12, and, (a) the use of the model indicates that discharges of the contaminant may result in a contravention of section 19 or 20; or (b) sections 19 and 20 do not apply to discharges of the contaminant and the use of the model indicates that discharges of the contaminant may cause an adverse effect.  O. Reg. 419/05, s. 25 (9); O. Reg. 516/07, s. 19 (1); O. Reg. 507/09, s. 24 (4, 5). (10) If a person is required to give notice under subsection (9), the Director may give the person a written notice requiring the person to provide the Director with the following in accordance with the notice: 1. A written statement or map identifying the location of any point of impingement where the use of the approved dispersion model indicates that discharges of the contaminant may result in a contravention of section 19 or 20 or cause an adverse effect. 2. A written statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement. 3. A written statement specifying the number of averaging periods for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of averaging periods in, i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1), ii. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or iii. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1).  O. Reg. 419/05, s. 25 (10); O. Reg. 605/05, s. 6 (1); O. Reg. 516/07, s. 19 (2-4); O. Reg. 507/09, s. 24 (6, 7). (10.1) If subsection (10) authorizes the Director to give a person a notice, the Director may instead give the person a written notice requiring the person to provide the Director with the following in accordance with the notice: 1. A written statement or map identifying the location of points of impingement specified in the notice. 2. A written statement specifying the concentration of the contaminant that the approved dispersion model predicts at points of impingement specified in the notice. 3. A written statement specifying the number of averaging periods for which the approved dispersion model predicts that discharges of the contaminant may result in a contravention of section 19 or 20 or cause an adverse effect because of the concentration of the contaminant at points of impingement specified in the notice, expressed as a percentage of the number of averaging periods in, i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1), ii. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or iii. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1).  O. Reg. 516/07, s. 19 (5); O. Reg. 507/09, s. 24 (8). (10.2) If a notice requires a person to provide the Director with information referred to in subsection (10) or (10.1), the person shall provide the information and update the report referred to in subsection (9) using, (a) the AERMOD dispersion model described in paragraph 1 of subsection 6 (1); or (b)  Revoked: O. Reg. 507/09, s. 24 (9). (c) a dispersion model or combination of dispersion models that, (i) pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, and (ii) is capable of providing the information referred to in subsection (10) or (10.1), as the case may be.  O. Reg. 516/07, s. 19 (5); O. Reg. 507/09, s. 24 (9). (11) If a person is required to give notice under subsection (9) and, according to measurements of air samples collected at a point of impingement, discharges of the contaminant may result in a contravention of section 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, the Director may give the person a written notice requiring the person to provide the Director with the following in accordance with the notice: 1. A written statement or map identifying the location of the point of impingement. 2. A written statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant. 3. A written statement specifying the number of air samples that were collected at the point of impingement and measured for the contaminant and that indicated that discharges of the contaminant may result in a contravention of section 19 or 20 or cause an adverse effect because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of air samples referred to in paragraph 2.  O. Reg. 419/05, s. 25 (11); O. Reg. 605/05, s. 6 (2); O. Reg. 516/07, s. 19 (6); O. Reg. 507/09, s. 24 (10, 11). (11.1) The Director shall not give a person a notice under subsection (10), (10.1) or (11) unless the Director first gives the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.  O. Reg. 516/07, s. 19 (7). (12) A person who is required to give a notice under subsection (9) shall, as soon as practicable after section 12 is complied with and the update is completed, submit to the Director a copy of the updated Emissions Summary Table described in paragraph 14 of subsection 26 (1).  O. Reg. 605/05, s. 6 (3).