Requirement for ESDM report: environmental compliance approval
 22. (1) A person who applies for an environmental compliance approval or amendment to an environmental compliance approval in respect of a facility that discharges or will discharge a contaminant into the air shall prepare a report in accordance with section 26 and submit it to the Director as part of the application.  O. Reg. 264/11, s. 2 (1). (1.1) Section 19 shall be deemed to apply for the purpose of preparing the report referred to in subsection (1) if, (a) the application is made after January 31, 2009 and before February 1, 2010; and (b) section 20 will not apply to discharges of the contaminant on February 1, 2010.  O. Reg. 605/05, s. 5. (1.2) Section 20 shall be deemed to apply for the purpose of preparing the report referred to in subsection (1) if, (a) the application is made after January 31, 2009 and before February 1, 2010 and, pursuant to subclause 20 (3) (a) (i), section 20 will first apply to discharges of the contaminant on February 1, 2010; (b) the application is made after January 31, 2012 and before February 1, 2013 and, pursuant to subclause 20 (3) (b) (i), section 20 will first apply to discharges of the contaminant on February 1, 2013; or (c) the application is made after January 31, 2019 and before February 1, 2020 and, pursuant to clause 20 (3) (e), section 20 will first apply to discharges of the contaminant on February 1, 2020.  O. Reg. 605/05, s. 5. (2) If a report is required by subsection (1) to be prepared in accordance with section 26, it is not necessary for the lists of contaminants required by paragraphs 2 and 4 of subsection 26 (1) to include any contaminant other than the contaminants that are relevant to the application for an environmental compliance approval or for an amendment to an environmental compliance approval.  O. Reg. 516/07, s. 17; O. Reg. 264/11, s. 2 (2). (2.1) If, for the purpose of preparing a report required by this section, a person is required under subsection 10 (2) or 12 (1) to use an approved dispersion model in accordance with the scenario described in paragraph 2 of subsection 10 (1), the person shall also use the model in accordance with the scenario described in paragraph 1 of subsection 10 (1).  O. Reg. 507/09, s. 21 (1). (3) The Director may relieve a person who is required by subsection (1) to prepare a report in accordance with section 26 from the obligation to comply with any provision of subsection 26 (1) that is specified by the Director, subject to such conditions as are specified by the Director, if the Director is of the opinion that compliance with the provision is not necessary to understand the impact of discharges of one or more contaminants.  O. Reg. 516/07, s. 17. (4) If a person is required by subsection (1) to submit a report to the Director as part of an application for an environmental compliance approval or amendment to an environmental compliance approval, section 19 applies to the preparation of the report, the report relates to a contaminant listed in Schedule 7 for which a standard is set out in an amendment to Schedule 2 that has not yet come into force, and the person submits the application to the Director less than 12 months before the amendment to Schedule 2 comes into force, the standard set out in the amendment shall be deemed to apply for the purpose of preparing the report.  O. Reg. 507/09, s. 21 (2); O. Reg. 264/11, s. 2 (3). (5) If a person is required by subsection (1) to submit a report to the Director as part of an application for an environmental compliance approval or amendment to an environmental compliance approval, section 20 applies to the preparation of the report, the report relates to a contaminant listed in Schedule 7 for which a standard is set out in an amendment to Schedule 3 that has not yet come into force, and the person submits the application to the Director less than 12 months before the amendment to Schedule 3 comes into force, the standard set out in the amendment shall be deemed to apply for the purpose of preparing the report.  O. Reg. 507/09, s. 21 (2); O. Reg. 264/11, s. 2 (4). (6) Subsection (5) does not apply if the Director has set a site-specific standard for the contaminant under subsection 35 (1) and the period specified by the Director under subsection 35 (9) includes the date the amendment to Schedule 3 comes into force.  O. Reg. 282/11, s. 5. (7) Subsection (8) applies if all the following circumstances exist: 1. Subsection (5) applies for the purpose of preparing a report under subsection (1). 2. The person who is required to prepare the report under subsection (1) has, under section 32, made a request that the Director set a site-specific standard for the contaminant referred to in subsection (5) in respect to the facility. 3. The Director has not yet decided whether to set a site-specific standard for the contaminant.  O. Reg. 282/11, s. 5. (8) In the circumstances described in subsection (7), in addition to using the standard set out in the amendment to Schedule 3 in accordance with subsection (5), the person who is required to prepare the report shall use the following concentration: 1. If the request under section 32 includes a plan on how to implement a method or combination of methods described in subparagraph 7 i of subsection 33 (1), the concentration of the contaminant on which the ranking of that method or combination was based under paragraph 6 of that subsection. 2. If the request under section 32 includes a plan on how to implement a method or combination of methods described in subparagraph 7 ii of subsection 33 (1), the maximum concentration of the contaminant that, according to the approved dispersion model that was used for the purpose of that subparagraph, would result at a point of impingement if that method or combination of methods were used with respect to the sources of contaminant to which the request relates. 3. If the request under section 32 includes a plan on how to implement a method or combination of methods described in subparagraph 4 i of subsection 33 (4), the concentration of the contaminant on which the ranking of that method or combination was based under paragraph 3 of that subsection. 4. If the request under section 32 includes a plan on how to implement a method or combination of methods described in subparagraph 4 ii of subsection 33 (4), the maximum concentration of the contaminant that, according to the approved dispersion model that was used for the purpose of that subparagraph, would result at a point of impingement if that method or combination of methods were used with respect to the sources of contaminant to which the request relates.  O. Reg. 282/11, s. 5.