Technical Standards publication
 38. (1) The Minister shall ensure that, with respect to the Technical Standards publication, all of the following criteria are met: 1. Every technical standard set out in the Technical Standards publication is specifically identified in the publication as an industry standard or an equipment standard. 2. For each industry standard that is set out in the Technical Standards publication, i. the Technical Standards publication specifies which classes of facilities the industry standard applies to, and those classes are identified with reference to NAICS codes, ii. the Technical Standards publication specifies which contaminants the industry standard applies to, iii. the Technical Standards publication sets out the steps that shall be taken to comply with the industry standard, and iv. the Technical Standards publication sets out the time periods, if any, within which the steps specified under subparagraph iii shall be taken. 3. The Technical Standards publication indicates that, with respect to each class specified under subparagraph 2 i to which an industry standard applies, and with respect to at least one contaminant to which that standard applies, the Minister is of the opinion that, i. with respect to at least two facilities in the class that are located in Ontario, A. it is not technically feasible to comply with section 19 or 20, whichever is applicable, or B. it is not economically feasible to comply with section 19 or 20, whichever is applicable, ii. compliance, in accordance with subsection 42 (5), with the industry standard that applies to the class and the contaminant, A. is technically and economically feasible with respect to at least one facility in the class that is located in Ontario, and B. will permit efforts that would otherwise be made to comply with section 19 or 20 to be put to better use to protect the natural environment, having regard to subparagraph i, iii. including the industry standard that applies to the class and the contaminant in the Technical Standards publication is more efficient than having the Director consider separate requests under section 32 to set site-specific standards for the contaminant that would otherwise apply to facilities in the class. 4. For each equipment standard that is set out in the Technical Standards publication, i. the Technical Standards publication specifies which classes of facilities the equipment standard applies to, and those classes are identified with reference to NAICS codes, ii. the Technical Standards publication specifies which contaminants the equipment standard applies to, iii. the Technical Standards publication specifies which sources of contaminant the equipment standard applies to, iv. the Technical Standards publication sets out the steps that shall be taken to comply with the equipment standard, and v. the Technical Standards publication sets out the time periods, if any, within which the steps specified under subparagraph iv shall be taken. 5. The Technical Standards publication indicates that, with respect to each class specified under subparagraph 4 i to which a equipment standard applies and with respect to at least one contaminant and source of contaminant to which that standard applies, the Minister is of the opinion that, i. at least two facilities in the class that are located in Ontario have the source of contaminant, and ii. compliance, in accordance with subsection 43 (4), with the equipment standard that applies to the class, the contaminant and the source of contaminant is technically and economically feasible with respect to at least one facility in the class that is located in Ontario.  O. Reg. 507/09, s. 32 (1); O. Reg. 282/11, s. 14. (2) Before a technical standard is set out in the Technical Standards publication, the Minister shall consider whether provisions dealing with the following matters should be included in the technical standard: 1. Notification of and consultation with affected persons before making an application for registration in respect of the technical standard. 2. The making and retention of records. 3. Circumstances in which notice is required to be given to the Ministry. 4. Progress reports relating to implementation of the technical standard.  O. Reg. 507/09, s. 32 (1). (3) Before an industry standard that applies to a class of facilities is set out in the Technical Standards publication, the Minister shall consider whether compliance, in accordance with subsection 42 (5), with the industry standard may reduce the regulatory burden applicable to facilities in that class for which compliance with section 19 or 20 would otherwise be required.  O. Reg. 507/09, s. 32 (1). (4) Before an equipment standard that applies to a class of facilities and a source of contaminant is set out in the Technical Standards publication, the Minister shall consider whether compliance, in accordance with subsection 43 (4), with the equipment standard may reduce the regulatory burden applicable to facilities in that class for which consideration of the source of contaminant would otherwise be necessary when using an approved dispersion model for the purposes of this Part.  O. Reg. 507/09, s. 32 (1).