jswizzle3737/ontario_laws_and_regs huggingface dataset:
Points of impingement
 2. (1) A reference in this Regulation to a point of impingement with respect to the discharge of a contaminant does not include any point that is located on the same property as the source of contaminant.  O. Reg. 419/05, s. 2 (1). (2) Despite subsection (1), a reference in this Regulation to a point of impingement with respect to the discharge of a contaminant includes a point that is located on the same property as the source of contaminant, if that point is located on, (a) a child care facility; or (b) a structure, if the primary purpose of the property on which the structure is located, and of the structure, is to serve as, (i) a health care facility, (ii) a senior citizens’ residence or long-term care facility, or (iii) an educational facility.  O. Reg. 419/05, s. 2 (2).
Multiple discharges
 3. (1) For the purposes of this Regulation, except section 46, two or more discharges of a contaminant from two or more different sources of contaminant shall be deemed to be a single discharge if the sources of contaminant are all located on the same property.  O. Reg. 419/05, s. 3 (1); O. Reg. 282/11, s. 2. (2) If two or more persons discharge or cause or permit two or more discharges of a contaminant and the discharges are deemed to be a single discharge under subsection (1), the single discharge shall be deemed, for the purposes of this Regulation, to be discharged jointly by those persons.  O. Reg. 419/05, s. 3 (2).
Exemptions
 5. (1) This Regulation does not apply to, (a) discharges of contaminants from motor vehicles; or (b) discharges of heat, sound or vibration. O. Reg. 507/09, s. 3. (2) Part II of this Regulation, except for sections 24, 24.1 and 27.1, does not apply to discharges of sulphur dioxide from a facility referred to in section 2 of Ontario Regulation 652/21 (Air Pollution - Discharge of Sulphur Dioxide from Nickel Smelting and Refining Facilities in the Sudbury Area) made under the Act on and after the date on which that Regulation first applies to the facility. O. Reg. 653/21, s. 1. (3) Part II of this Regulation, except for sections 24, 24.1, 27.1 and subsection 30 (3), does not apply to discharges of sulphur dioxide from a petroleum facility, as defined in subsection 1 (1) of Ontario Regulation 88/22 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities) made under the Act. O. Reg. 90/22, s. 1. (4) Despite subsections (2) and (3), Part II of this Regulation applies for the purposes of, (a) the determination of whether the Director may give a person a notice under section 24 or 27.1 or an order under section 24.1; and (b) the preparation of a report required by a notice under section 24 or 27.1 or an order under section 24.1. O. Reg. 90/22, s. 1. (5) Despite subsections (3), Part II of this Regulation applies for the purposes of the determination of whether a person is required to notify the Director under subsection 30 (3) in respect of an exceedance mentioned in subsection 30 (1) (b). O. Reg. 90/22, s. 1.
Application of notices
 5.1 A notice given by the Director under this Regulation may provide that it applies to one or more contaminants.  O. Reg. 507/09, s. 3. part ii   Contaminant concentrations and dispersion modelling Dispersion Models
PART II CONTAMINANT CONCENTRATIONS AND DISPERSION MODELLING
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Dispersion Models
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Approved dispersion models
 6. (1) For the purposes of this Part, the following are approved dispersion models for discharges of a contaminant, except as otherwise provided: 1. The AERMOD dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry. 2. The ASHRAE method of calculation. 3.  Revoked: O. Reg. 507/09, s. 4 (1). 4. The SCREEN3 dispersion model made available on the Internet by the United States Environmental Protection Agency, as amended from time to time, or a copy of that model that is available from the Ministry. 5. The method of calculation required by the Appendix to Regulation 346, if section 19 applies to the discharges.  O. Reg. 516/07, s. 3; O. Reg. 507/09, s. 4 (1, 2). (2) The Ministry shall make copies of the approved dispersion models referred to in paragraphs 1, 4 and 5 of subsection (1) available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre.  O. Reg. 516/07, s. 3; O. Reg. 507/09, s. 4 (3).
Negligible sources of contaminant
 8. (1) It is not necessary, when using an approved dispersion model for the purposes of this Part, to consider a source of contaminant that discharges a negligible amount of the relevant contaminant, having regard to, (a) the total amount of the contaminant that is discharged by all the sources of contaminant with which the approved dispersion model is used; and (b) the nature of the contaminant.  O. Reg. 419/05, s. 8 (1). (2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of a contaminant requiring the person to consider a source of contaminant specified in the notice in accordance with the notice when the person uses an approved dispersion model for the purposes of this Part, if, (a) the Director has reasonable grounds to believe that, if the source of contaminant is considered, the person may contravene section 19 or 20; or (b) sections 19 and 20 do not apply to discharges of the contaminant and the Director has reasonable grounds to believe that, if the source of contaminant is considered, a discharge of the contaminant may cause an adverse effect.  O. Reg. 507/09, s. 6. (3) Before the Director gives a person a notice under subsection (2), the Director shall give 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. 419/05, s. 8 (3).
Source of contaminant emission rates
 11. (1) An approved dispersion model that is used for the purposes of this Part shall be used with an emission rate that is determined in one of the following ways for each source of contaminant and for each averaging period applicable to the relevant contaminant: 1. The emission rate that, for the relevant averaging period, is at least as high as the maximum emission rate that the source of contaminant is reasonably capable of for the relevant contaminant. 2. The emission rate that, for the relevant averaging period, is derived from site-specific testing of the source of contaminant that meets all of the following criteria: i. The testing must be conducted comprehensively across a full range of operating conditions. ii. The testing must be conducted according to a plan approved by the Director as likely to provide an accurate reflection of emissions. iii. The Director must be given written notice at least 15 days before the testing and representatives of the Ministry must be given an opportunity to witness the testing. iv. The Director must approve the results of the testing as an accurate reflection of emissions. 3. The emission rate that, for the relevant averaging period, is derived from a combination of a method that complies with paragraph 1 or 2 and ambient monitoring, according to a plan approved by the Director as likely to provide an accurate reflection of emissions. O. Reg. 516/07, s. 7 (1); O. Reg. 507/09, s. 9 (1); O. Reg. 109/18, s. 4. (2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits discharges of a contaminant requiring that an approved dispersion model that is used for the purposes of this Part be used with an emission rate for each source of contaminant that is derived in accordance with paragraph 2 or 3 of subsection (1) and in accordance with the notice, if, (a) the Director has reasonable grounds to believe that the person may contravene section 19 or 20; or (b) sections 19 and 20 do not apply to discharges of the contaminant and the Director has reasonable grounds to believe that the person has discharged or caused or permitted a discharge of the contaminant into the air and that the discharge may cause an adverse effect.  O. Reg. 507/09, s. 9 (2, 3). (3) Before the Director gives a person a notice under subsection (2), the Director shall give 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. 419/05, s. 11 (3).
Combined effect of assumptions for operating conditions and emission rates
 12. (1) Despite subsections 10 (1) and 11 (1), an approved dispersion model that is used for the purposes of this Part shall be used in accordance with a scenario described in paragraph 2 of subsection 10 (1) and with an emission rate determined in accordance with paragraph 3 of subsection 11 (1).  O. Reg. 605/05, s. 3. (1.1) Despite subsection (1), an approved dispersion model that is used for the purposes of this Part may be used in accordance with a scenario described in paragraph 2 of subsection 10 (1) and with an emission rate determined in accordance with paragraph 2 of subsection 11 (1) if the Director is of the opinion that the emission rate will be accurately determined.  O. Reg. 516/07, s. 8 (1). (2) Despite subsection (1), an approved dispersion model that is used for the purposes of this Part may be used in another manner that is in accordance with sections 10 and 11 if, (a) the use of the model does not indicate that discharges of the relevant contaminant from the property may result in a contravention of section 19 or 20; or (b) sections 19 and 20 do not apply to discharges of the relevant contaminant and the use of the model does not indicate that discharges of the contaminant may cause an adverse effect.  O. Reg. 605/05, s. 3; O. Reg. 516/07, s. 8 (2); O. Reg. 507/09, s. 10. (3) This section does not apply to a contaminant if a written abatement plan for discharges of the contaminant from the property has been prepared and submitted to a provincial officer in accordance with section 29.  O. Reg. 419/05, s. 12 (3).
Meteorological data
 13. (1) An approved dispersion model that is used for the purposes of this Part shall be used with one of the following types of meteorological data: 1. Regional surface and upper air meteorological data for the part of Ontario in which the source of contaminant is located that was available on May 14, 2007, and continues to be available, through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre. 1.1 Data described in paragraph 1 that has been processed by the AERMET computer program, as that program is amended from time to time, and that is available through a website maintained by the Ministry on the Internet or through the Ministry’s Public Information Centre, if the approved dispersion model that is used is the AERMOD dispersion model described in paragraph 1 of subsection 6 (1). 2. Data described in paragraph 1.1 that, in the opinion of the Director, has been refined to accurately reflect local land use conditions, if the approved dispersion model that is used is the AERMOD dispersion model described in paragraph 1 of subsection 6 (1). 2.1  Revoked: O. Reg. 507/09, s. 11. 3. Local or site-specific meteorological data approved by the Director as an accurate reflection of meteorological and local land use conditions. 4. Data obtained from a computational method, if the Director is of the opinion that the data is at least as accurate as data that would be obtained by local or site-specific meteorological monitoring.  O. Reg. 419/05, s. 13 (1); O. Reg. 516/07, s. 9 (1, 2); O. Reg. 507/09, s. 11; O. Reg. 109/18, s. 5. (2) Despite subsection (1), the Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant requiring that an approved dispersion model that is used for the purposes of this Part be used with a type of meteorological data specified in the notice that, in the opinion of the Director, accurately reflects meteorological conditions.  O. Reg. 419/05, s. 13 (2). (3) Before the Director gives a person a notice under subsection (2), the Director shall give 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. 419/05, s. 13 (3). (4) This section does not apply if the approved dispersion model that is used is, (a) the ASHRAE method of calculation; (b) the SCREEN3 dispersion model described in paragraph 4 of subsection 6 (1); (c) the method of calculation required by the Appendix to Regulation 346; or (d) a dispersion model or combination of dispersion models that, pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, if the dispersion model or combination of dispersion models is not capable of using meteorological data.  O. Reg. 516/07, s. 9 (3).
Determining the value of dispersion model parameters
 13.1 (1) The Director may give written notice to a person who discharges or causes or permits the discharge of a contaminant from a property stating that the Director is of the opinion that, with respect to those discharges of the contaminant, one of the following is required to accurately determine the value of a parameter specified in the notice that is related to a source of contaminant: 1. A method of calculation specified in the notice. 2. A sampling or measuring technique specified in the notice. 3. A combination specified in the notice of one or more methods of calculation and one or more sampling and measuring techniques.  O. Reg. 507/09, s. 12. (2) Before the Director gives a person a notice under subsection (1), the Director shall give 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. 507/09, s. 12. (3) If the Director is of the opinion that, with respect to discharges of a contaminant from a property, a particular value accurately reflects the value of a parameter that is related to a source of contaminant, the Director may, on the written request of the person who discharges or causes or permits the discharge of the contaminant from the property, give written notice to the person specifying the value and stating the Director’s opinion.  O. Reg. 507/09, s. 12. (4) Without limiting the generality of subsections (1) and (3), the parameter specified in a notice may include the following: 1. The dimensions of the part of the source of contaminant from which discharges are released into the natural environment. 2. The volumetric flow rate for discharges from the source of contaminant. 3. The temperature of discharges from the source of contaminant. 4. The height above ground level that discharges are released into the air from the source of contaminant.  O. Reg. 507/09, s. 12. (5) If a person to whom a notice is given under this section uses an approved dispersion model for the purposes of this Part, the model shall be used with, (a) a value for the parameter that is determined in accordance with the method, technique or combination specified in the notice, in the case of a notice under subsection (1); or (b) the value for the parameter specified in the notice, in the case of a notice under subsection (3).  O. Reg. 507/09, s. 12.
Stack height for certain new sources of contaminant
 15. (1) This section applies to a source of contaminant if all of the following criteria are met: 1. The source of contaminant discharges contaminants directly into the natural environment. 2. Construction of the source of contaminant began after November 30, 2005. 3. No application was made on or before November 30, 2005 for a certificate of approval in respect of the source of contaminant. 4. The source of contaminant is located in an area around a structure that is bounded by a circle that has a radius of five times the lesser of the following: i. The height above ground level of the structure. ii. The greatest width presented to the wind by the structure, measured perpendicularly to the direction of the wind.  O. Reg. 419/05, s. 15 (1). (2) If an approved dispersion model other than the ASHRAE method of calculation is used for the purposes of this Part with respect to a source of contaminant to which this section applies, the height at which contaminants are discharged into the air from the source of contaminant that is used with the model must be the lower of the following heights: 1. The actual height above ground level at which contaminants are discharged into the air from the source of contaminant. 2. The higher of the following heights: i. Sixty-five metres. ii. The height described in subsection (3).  O. Reg. 419/05, s. 15 (2); O. Reg. 516/07, s. 11. (3) The height referred to in subparagraph 2 ii of subsection (2) is the height determined by the following formula: A + (1.5 × B) where, A = the height above ground level of the structure referred to in paragraph 4 of subsection (1), B = the lesser of, i. the height above ground level of the structure referred to in paragraph 4 of subsection (1), and ii. the greatest width presented to the wind by the structure referred to in paragraph 4 of subsection (1), measured perpendicularly to the direction of the wind. O. Reg. 419/05, s. 15 (3). (4) If paragraph 4 of subsection (1) applies to a source of contaminant in respect of more than one structure, the references in subsection (3) to the structure referred to in paragraph 4 of subsection (1) shall be deemed to be references to the structure for which the height referred to in subparagraph 2 ii of subsection (2) is the greatest.  O. Reg. 419/05, s. 15 (4). (5) This section applies only if the approved dispersion model is used with respect to a person and contaminant to which section 20 applies.  O. Reg. 419/05, s. 15 (5).
Terrain data
 16. (1) If an approved dispersion model is used for the purposes of this Part with respect to any point of impingement that has an elevation higher than the lowest point from which the relevant contaminant is discharged from a source of contaminant, the model shall be used in a manner that employs terrain data.  O. Reg. 419/05, s. 16 (1). (2) This section does not apply if the approved dispersion model that is used is, (a) the ASHRAE method of calculation; (b) the method of calculation required by the Appendix to Regulation 346; or (c) a dispersion model or combination of dispersion models that, pursuant to subsection 7 (3), is deemed to be included in references in this Part to approved dispersion models, if the dispersion model or combination of dispersion models is not capable of using terrain data.  O. Reg. 516/07, s. 12.
Compliance with modelling requirements
 17.1 A person who is required under this Regulation to prepare or update a report in accordance with section 26 and who uses an approved dispersion model for that purpose shall comply with sections 9 to 17.  O. Reg. 516/07, s. 14. Contaminant Concentration Standards 18. Revoked:  O. Reg. 507/09, s. 14.
Contaminant Concentration Standards
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Schedule 2 standards
 19. (1) A person shall not, after January 31, 2010 and before February 1, 2020, discharge or cause or permit the discharge of a contaminant listed in Schedule 2 into the air if the discharge results in the concentration of the contaminant at a point of impingement exceeding the half hour standard set out for the contaminant in Schedule 2.  O. Reg. 419/05, s. 19 (1). (2) A person shall not, after January 31, 2010 and before February 1, 2020, discharge or cause or permit the discharge of a contaminant listed in Schedule 2 into the air if the discharge would result, according to the method of calculation required by the Appendix to Regulation 346, in the concentration of the contaminant at a point of impingement exceeding the half hour standard set out for the contaminant in Schedule 2.  O. Reg. 419/05, s. 19 (2). (2.1) Subsection (2) does not apply if, according to an approved dispersion model, the discharge would not result in the concentration of the contaminant at the point of impingement exceeding the half hour standard set out for the contaminant in Schedule 2.  O. Reg. 507/09, s. 15 (1). (3) This section does not apply to a discharge of a contaminant from a facility if, (a) the facility is part of a class identified by a NAICS code listed in Schedule 4; (b) the facility 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, and, (i) the discharge occurs on or after February 1, 2013, or (ii) 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; or (c) section 20 applies to discharges of the contaminant from the facility pursuant to a notice or order under subsection 20 (4) or (5).  O. Reg. 419/05, s. 19 (3).
Sulphur compounds
 20.1 (1) If a person discharges or causes or permits the discharge of only one of the following contaminants and the person does not discharge or cause or permit the discharge of any other reduced sulphur compounds, sections 19 and 20 do not apply to total reduced sulphur (TRS) compounds: 1. Dimethyl disulphide. 2. Dimethyl sulphide. 3. Hydrogen sulphide. 4. Mercaptans.  O. Reg. 516/07, s. 16. (2) If a person discharges or causes or permits the discharge of two or more of the contaminants listed in paragraphs 1 to 4 of subsection (1), sections 19 and 20 do not apply to those contaminants.  O. Reg. 516/07, s. 16. (3) Subsection (2) does not affect the obligation to comply with sections 19 and 20 with respect to total reduced sulphur (TRS) compounds.  O. Reg. 516/07, s. 16. (4) The two items in each of Schedules 2 and 3 that set out standards for total reduced sulphur (TRS) compounds specify the facilities to which they apply.  O. Reg. 516/07, s. 16.
Dimethyl disulphide from regulated pesticide
 20.2 Sections 19 and 20 do not apply to a discharge of dimethyl disulphide, if the discharge arises from the use of a pesticide in accordance with Ontario Regulation 63/09 (General) made under the Pesticides Act.  O. Reg. 516/07, s. 16; O. Reg. 167/09, s. 1; O. Reg. 507/09, s. 17.
Agricultural operations and alarms systems
 20.3 If, at a concentration equal to a standard set out for a contaminant in Schedule 2, the discharge of the contaminant has an odour but no health effects, that standard does not apply to a discharge of the contaminant that arises from, (a) an agricultural operation to which subsection 2 (1) of the Farming and Food Production Protection Act, 1998 applies; or (b) the use of an alarm system or warning system for health or safety reasons, including the use of an alarm system in an underground mine in accordance with Regulation 854 of the Revised Regulations of Ontario, 1990 (Mines and Mining Plants) made under the Occupational Health and Safety Act.  O. Reg. 516/07, s. 16; O. Reg. 507/09, s. 18.
Standby power sources
 20.4 (1) Sections 19 and 20 do not apply to a discharge that occurs as a result of the use of a standby power source if all of the following criteria are met: 1. Testing and maintenance of the standby power source is done in accordance with any applicable manufacturer’s recommendations and generally accepted standards. 2. The discharge occurs during one of the following periods: i. A period in which the standby power source is operated solely for testing or maintenance purposes. ii. A period in which the standby power source is used for its intended purpose. 3. The standby power source has not been operated for testing or maintenance purposes for more than 60 hours in the 12 months before the discharge.  O. Reg. 516/07, s. 16; O. Reg. 507/09, s. 19. (2) In this section, “standby power source” means equipment that is intended to be used for the purpose of producing power to maintain operating conditions when the power produced by the normal sources of power is cut off or reduced.  O. Reg. 516/07, s. 16.
More stringent standards in environmental compliance approval
 21. Sections 19 and 20 do not apply to a discharge of a contaminant if an environmental compliance approval imposes a more stringent standard.  O. Reg. 264/11, s. 1. Emission Summary and Dispersion Modelling Reports
Emission Summary and Dispersion Modelling Reports
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Retention of ESDM report, etc.
 27. (1) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall keep a copy of the report at the place to which the report relates for at least five years.  O. Reg. 507/09, s. 26 (1). (2) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall, on request, immediately submit a copy of the report or any part of the report to the Director or to a provincial officer.  O. Reg. 516/07, s. 21. (3) A person who prepares or updates a report that is required to be prepared or updated in accordance with section 26 shall ensure that a copy of the most up-to-date executive summary referred to in paragraph 15 of subsection 26 (1), (a) is made available for examination by any person, without charge, by posting it on the Internet or by making it available during regular business hours at the place to which the report relates; and (b) is given, without charge, to any person within 15 days after the person requests it.  O. Reg. 507/09, s. 26 (2). Technology Reports
Technology Reports
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Notice of Possible Contraventions
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Obligations under another Act; failure to operate in normal manner
 31. (1) A person who discharges or causes or permits the discharge of a contaminant from a stationary source of air pollution shall, if a contravention of section 19 or 20 may occur as a result of an obligation arising under another Act or a failure to operate the stationary source of air pollution in the normal manner, (a) immediately notify a provincial officer of the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; and (b) as soon as practicable, furnish the provincial officer in writing with the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner.  O. Reg. 419/05, s. 31 (1); O. Reg. 507/09, s. 31 (1). (1.1) A person who gives notice under subsection (1) shall notify a provincial officer in writing as soon as practicable after the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes.  O. Reg. 605/05, s. 10 (1). (2) Section 19 or 20 does not apply to a discharge from a stationary source of air pollution if, (a) notice is given to a provincial officer in accordance with subsection (1); (b) the Director is satisfied that a contravention of section 19 or 20, as the case may be, may occur as a result of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; (c) the Director gives written authorization for the operation of the stationary source of air pollution despite section 19 or 20, as the case may be; and (d) the stationary source of air pollution is operated in accordance with any conditions specified in the authorization that the Director considers reasonable in the circumstances.  O. Reg. 419/05, s. 31 (2); O. Reg. 507/09, s. 31 (2-4). (3) The Director shall not give the authorization referred to in clause (2) (c) as a result of a failure to operate the stationary source of air pollution in the normal manner unless the Director is satisfied that the failure could not reasonably have been anticipated.  O. Reg. 419/05, s. 31 (3). (4) Subsection (2) applies only until the earlier of the following dates: 1. The date the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes. 2. A date set out in the authorization that the Director considers reasonable in the circumstances and that is not more than three months after the date the authorization is given.  O. Reg. 605/05, s. 10 (2). Site-Specific Contaminant Concentration Standards
Site-Specific Contaminant Concentration Standards
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Amendments related to site-specific standard
 36. (1) If the Director sets a site-specific standard under subsection 35 (1), the Director may give a person to whom the site-specific standard applies a notice, (a) altering the conditions imposed under subsection 35 (6); (b) altering the period referred to in subsection 35 (9) so that it ends on an earlier date, if the Director is of the opinion that the person should be capable of complying with a more stringent standard by the earlier date; (c) altering the period referred to in subsection 35 (9) so that it ends on a later date that is not more than 10 years after the date the period began; (d) replacing the site-specific standard with a more stringent site-specific standard, if the Director is of the opinion that, (i) the person is capable of complying with the more stringent site-specific standard, or (ii) discharges of the contaminant that are permitted by the site-specific standard may cause an adverse effect; (e) replacing the site-specific standard with a site-specific standard for another averaging period, if Schedule 3 sets out a standard for the other averaging period and, after the first-mentioned site-specific standard was set, an amendment to Schedule 3 removed the standard set out in Schedule 3 for the averaging period to which the first-mentioned site-specific standard applied; or (f) setting an additional site-specific standard for another averaging period, if, (i) after the first site-specific standard was set, an amendment to Schedule 3 added a new standard that applies to the other averaging period, and (ii) the Director is of the opinion that the additional site-specific standard can be complied with by implementing the plan that was submitted under paragraph 7 of subsection 33 (1) or paragraph 4 of subsection 33 (4) with the request that related to the first site-specific standard.  O. Reg. 282/11, s. 11. (2) Before the Director gives a person a notice under subsection (1), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 90 days after the draft is given.  O. Reg. 282/11, s. 11. (3) References in this Regulation to a site-specific standard set under subsection 35 (1) include a replacement site-specific standard or additional site-specific standard set under clause (1) (d), (e) or (f).  O. Reg. 282/11, s. 11.
Revocation of site-specific standard
 37. (1) The Director may give a person to whom a site-specific standard applies a written notice revoking the site-specific standard if the Director is of the opinion that, (a) discharges of a contaminant that are permitted as a result of the site-specific standard may cause an adverse effect; (b) conditions referred to in subsection 35 (6) or (8) are not being met; (c) the person is unable to comply with section 20, even though the site-specific standard was set; or (d) the person would be able to comply with section 20 without the site-specific standard.  O. Reg. 282/11, s. 12. (2) Before the Director gives a person a notice under subsection (1), the Director shall give 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. 507/09, s. 32 (1).
Transition
 37.1 (1) If, before the day this section came into force, the Director approved a request under section 32 to alter a standard set out in Schedule 3, the altered standard shall be deemed, for the purposes of this Regulation, to be a site-specific standard set by the Director.  O. Reg. 282/11, s. 13. (2) If, before the day this section came into force, a person made a request under section 32 to alter a standard set out in Schedule 3 and the request was not approved or refused by the Director before that day, the Director shall consider the request as if it were a request for a site-specific standard and, for that purpose, the person who made the request shall be deemed, under paragraph 0.1 of subsection 33 (1), to have specified the averaging period of the standard set out in Schedule 3 that was the subject of the request.  O. Reg. 282/11, s. 13. Technical Standards for Classes of Facilities
Technical Standards for Classes of Facilities
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Revocation of registration
 40. (1) The Director may, by order, revoke a person’s registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of an industry standard, facility and contaminant if, (a) the Director is of the opinion that discharges of the contaminant from the facility into the air may cause an adverse effect and that the adverse effect may be better prevented, eliminated or ameliorated if subsection 42 (5) or 44 (3) does not apply to the facility; (b) the industry standard no longer applies to the facility or contaminant; (c) the industry standard no longer contains any requirements that relate to any sources of contaminant in the facility; (d) the Director is of the opinion that there is a more appropriate industry standard that applies to the facility and the contaminant; or (e) after considering the matters set out in subsection (3), the Director is of the opinion that the person has demonstrated an inability or unwillingness to comply with the person’s obligations in respect of, (i) the facility or contaminant, or (ii) any other facility or contaminant.  O. Reg. 507/09, s. 32 (1). (2) The Director may, by order, revoke a person’s registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of an equipment standard, facility and contaminant and source of contaminant if, (a) the Director is of the opinion that discharges of the contaminant from the facility into the air may cause an adverse effect and that the adverse effect may be prevented, eliminated or ameliorated if subsection 43 (4) or 44 (3) does not apply to the facility; (b) the equipment standard no longer applies to the facility, contaminant or source of contaminant; (c) the Director is of the opinion that there is a more appropriate equipment standard that applies to the facility, the contaminant and the source of contaminant; or (d) after considering the matters set out in subsection (3), the Director is of the opinion that the person has demonstrated an inability or unwillingness to comply with the person’s obligations in respect of, (i) the facility, contaminant or source of contaminant, or (ii) any other facility, contaminant or source of contaminant.  O. Reg. 507/09, s. 32 (1). (3) The matters referred to in clauses (1) (e) and (2) (d) are: 1. Any failure by the person to comply with subsection 42 (5), 43 (4) or 44 (3). 2. Any failure by the person to comply with subsection 39 (6). 3. Any offences under the Act for which the person has been convicted. 4. Any orders issued to the person under section 7 or 157 of the Act.  O. Reg. 507/09, s. 32 (1). (4) The Director shall give a person written notice revoking the person’s registration in the Ministry’s Technical Standards Registry – Air Pollution in respect of a technical standard if the revocation is requested in writing by the person.  O. Reg. 507/09, s. 32 (1).
Availability of Technical Standards Registry – Air Pollution
 41. The Director shall ensure that the Ministry’s Technical Standards Registry – Air Pollution is available on a website maintained by the Ministry on the Internet.  O. Reg. 507/09, s. 32 (1).
Equipment standards
 43. (1) Subject to subsection (2), this Part, except for this section and sections 24, 24.1, 27.1 and 38 to 41, does not apply to a person in respect of a facility and contaminant if, (a) equipment standards set out in the Technical Standards publication apply to every source of the contaminant in the facility; and (b) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the facility, the contaminant and every equipment standard that applies to a source of contaminant in the facility.  O. Reg. 507/09, s. 32 (1); O. Reg. 109/18, s. 11 (1). (2) This Part applies for the purposes of, (a) the determination of whether the Director may give a person a notice under section 24 or 27.1 or an order under section 24.1; and (b) the preparation of a report required by a notice under section 24 or 27.1 or an order under section 24.1. O. Reg. 109/18, s. 11 (2). (3) A person who uses an approved dispersion model for the purposes of this Part in respect of a facility and a contaminant is not required to consider a source of contaminant that discharges the contaminant if, (a) subsection (1) does not apply to the person in respect of the facility and the contaminant; (b) an equipment standard set out in the Technical Standards publication applies to the facility, the contaminant and the source of contaminant; and (c) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the equipment standard, facility, contaminant and source of contaminant.  O. Reg. 507/09, s. 32 (1). (4) A person shall comply with an equipment standard set out in the Technical Standards publication in respect of a facility, contaminant and source of contaminant if, (a) subsection (1) or (3) applies to the person in respect of the facility, the contaminant and the source of contaminant; and (b) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the equipment standard, facility, contaminant and source of contaminant.  O. Reg. 507/09, s. 32 (1).
Combination of industry standards and equipment standards
 44. (1) Subject to subsection (2), this Part, except for this section and sections 24, 24.1, 27.1 and 38 to 41, does not apply to a person in respect of a facility and contaminant if, (a) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of one or more industry standards, the facility and the contaminant; (b) there is one or more sources of contaminant in a part of the facility that is not part of a class of facilities to which any of the industry standards referred to in clause (a) apply; and (c) with respect to each source of contaminant to which clause (b) applies, the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of an equipment standard, the facility, the contaminant and the source of contaminant.  O. Reg. 507/09, s. 32 (1); O. Reg. 109/18, s. 12 (1). (2) This Part applies for the purposes of, (a) the determination of whether the Director may give a person a notice under section 24 or 27.1 or an order under section 24.1; and (b) the preparation of a report required by a notice under section 24 or 27.1 or an order under section 24.1. O. Reg. 109/18, s. 12 (2). (3) A person shall comply with, (a) an industry standard set out in the Technical Standards publication in respect of a facility and a contaminant if, (i) subsection (1) applies to the person in respect of the facility and the contaminant, and (ii) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the industry standard, the facility and the contaminant; and (b) an equipment standard set out in the Technical Standards publication in respect of a facility, contaminant and source of contaminant if, (i) subsection (1) applies to the person in respect of the facility and the contaminant, and (ii) the person is registered on the Ministry’s Technical Standards Registry – Air Pollution in respect of the equipment standard, facility, contaminant and source of contaminant.  O. Reg. 507/09, s. 32 (1). part iii   Miscellaneous
Prohibition of certain emissions
 45. No person shall cause or permit to be caused the emission of any air contaminant to such extent or degree as may, (a) cause discomfort to persons; (b) cause loss of enjoyment of normal use of property; (c) interfere with normal conduct of business; or (d) cause damage to property.  O. Reg. 507/09, s. 32 (1).
Obligations under another Act; failure to operate in normal manner
 47. (1) A person who causes or permits the emission of a contaminant from a stationary source of air pollution shall, if a contravention of section 45 or 46 may occur as a result of an obligation arising under another Act or a failure to operate the stationary source of air pollution in the normal manner, (a) immediately notify a provincial officer of the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; and (b) as soon as practicable, furnish the provincial officer in writing with the particulars of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner.  O. Reg. 507/09, s. 32 (1). (2) A person who gives notice under subsection (1) shall notify a provincial officer in writing as soon as practicable after the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes.  O. Reg. 507/09, s. 32 (1). (3) Section 46 does not apply to an emission from a stationary source of air pollution if, (a) notice is given to a provincial officer in accordance with subsection (1); (b) the Director is satisfied that a contravention of section 46 may occur as a result of the obligation arising under the other Act or the failure to operate the stationary source of air pollution in the normal manner; (c) the Director gives written authorization for the operation of the stationary source of air pollution despite section 46; and (d) the stationary source of air pollution is operated in accordance with any conditions specified in the authorization that the Director considers reasonable in the circumstances.  O. Reg. 507/09, s. 32 (1). (4) The Director shall not give the authorization referred to in clause (3) (c) as a result of a failure to operate the stationary source of air pollution in the normal manner unless the Director is satisfied that the failure could not reasonably have been anticipated.  O. Reg. 507/09, s. 32 (1). (5) Subsection (3) applies only until the earlier of the following dates: 1. The date the obligation arising under the other Act ends or operation of the stationary source of air pollution in the normal manner resumes. 2. A date set out in the authorization that the Director considers reasonable in the circumstances and that is not more than three months after the date the authorization is given.  O. Reg. 507/09, s. 32 (1).
Fuel or waste for fuel burning equipment, etc.
 48. (1) No person shall, in any fuel burning equipment or thermal treatment equipment, burn any fuel or waste or permit any fuel or waste to be burned, or subject any waste to thermal treatment or permit any waste to be subject to thermal treatment, except the fuel or waste for which the equipment was designed.  O. Reg. 507/09, s. 32 (1). (2) No person shall, in any fuel burning equipment or thermal treatment equipment, burn any fuel or waste or permit any fuel or waste to be burned, or subject any waste to thermal treatment or permit any waste to be subject to thermal treatment, at a greater rate than the rate for which the equipment was designed.  O. Reg. 507/09, s. 32 (1).
Construction and sandblasting emissions, etc.
 49. Except for heat, sound, vibration or radiation, no person shall, (a) construct, alter, demolish, drill, blast, crush or screen anything or cause or permit the construction, alteration, demolition, drilling, blasting, crushing or screening of anything so that a contaminant is carried beyond the limits of the property on which the construction, alteration, demolition, drilling, blasting, crushing or screening is being carried out; or (b) sandblast or permit the sandblasting of anything so that a contaminant is emitted into the air, to an extent or degree greater than that which would result if every step necessary to control the emission of the contaminant were implemented.  O. Reg. 507/09, s. 32 (1).
Incinerators
 50. (1) In this section, “apartment incinerator” means an incinerator that is located in or on the site of a structure containing more than one dwelling unit and used to burn domestic waste from more than one dwelling unit.  O. Reg. 507/09, s. 32 (1). (2) No person shall operate or permit the operation of, (a) an apartment incinerator, domestic incinerator, multiple chamber incinerator or starved air incinerator burning domestic waste; (b) a multiple chamber incinerator or starved air incinerator burning solid industrial waste; (c) an incinerator burning liquid industrial waste, industrial slurries or sludges, sewage sludges or slurries, gaseous waste, organic vapour or fume; (d) a municipal incinerator burning solid waste or sludges; or (e) other thermal treatment equipment that processes waste, that causes or is likely to cause a concentration in the combustion gases emitted into the natural environment, of organic matter having a carbon content, expressed as equivalent methane, being an average of 10 measurements taken at approximately one minute intervals, greater than 100 parts per million by volume, measured on an undiluted basis.  O. Reg. 507/09, s. 32 (1). (3) Subsection (2) does not apply to prohibit the operation of a catalytic incinerator.  O. Reg. 507/09, s. 32 (1). (4) No person shall operate or permit the operation of an apartment incinerator without an environmental compliance approval issued in respect of an activity mentioned in subsection 9 (1) of the Act.  O. Reg. 507/09, s. 32 (1); O. Reg. 264/11, s. 7.
Air Pollution Index
 51. (1) The Ministry may prepare an index to be known as the “Air Pollution Index” for any area in Ontario, from time to time.  O. Reg. 507/09, s. 32 (1). (2) Despite section 5, the air pollution index may take into consideration discharges of contaminants from motor vehicles.  O. Reg. 507/09, s. 32 (1). (3) Where the air pollution index for an area indicates increasing air pollution that may lead to an air pollution episode, the Minister, in consultation with the Minister of Health and Long-Term Care, may order curtailment of the operation of sources of air pollution in the manner described in subsections (4) and (5).  O. Reg. 507/09, s. 32 (1). (4) Where the air pollution index reaches the number 32, designated as Air Advisory Level, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Minister may require owners or operators of sources of air pollution to make preparation for the curtailment of such operations as are specified by the Minister.  O. Reg. 507/09, s. 32 (1). (5) Where the air pollution index reaches the number 50, designated as First Air Pollution Alert, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Minister may require owners or operators of sources of air pollution to curtail such operations as are specified by the Minister.  O. Reg. 507/09, s. 32 (1).
Amendment or revocation of notices
 52. (1) Subject to subsections 7 (10) and (11), the Director may, by written notice, amend or revoke any notice given by the Director under this Regulation.  O. Reg. 507/09, s. 32 (1). (2) Before the Director gives a person a notice under subsection (1), the Director shall give 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. 507/09, s. 32 (1). (3) This section does not apply to a notice given under subsection 37 (1).  O. Reg. 507/09, s. 32 (1).
Compliance with notice
 53. A person who is required to do something by a notice given by the Director under this Regulation shall comply with the requirement.  O. Reg. 507/09, s. 32 (1).