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ARTICLE · 15 JULY 2011

Air Regulation 419/05 Amended For Site-Specific Standards

The Ontario Ministry of the Environment (MOE) has amended Ontario Regulation 419/05: Air Pollution, Local Air Quality to make the process of seeking exceptions to generic criteria less punitive and more useful to businesses.

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The Ontario Ministry of the Environment (MOE) has amended Ontario Regulation 419/05: Air Pollution, Local Air Quality to make the process of seeking exceptions to generic criteria less punitive and more useful to businesses. The process has been given a new name, "Site-specific Standard", and is now focussed on best available technology (and economic considerations only if requested), instead of requiring a company to plead economic constraints. It is yet to be seen if the process will be as expensive and frustrating as the risk-based process for contaminated sites; we know it will take 15 months.

Minimum Duration of a Site-specific Standard

The amendments allow facilities to use a site-specific air standard for a minimum of 5 years and a maximum of 10 years. Previously, the limit was up to five years or up to 10 years in "extenuating circumstances", far too short to justify many kinds of capital investments.

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