Can anyone comply with O.Reg. 419/05?

Standard Development Branch has chosen an interpretation of O.Reg. 419/05 that makes it difficult for even the most responsible industries to obtain the air permits that they need to operate in Ontario. As a result, more and more stakeholders are raising concerns.

For example, the Ontario Air Practitioners are a group of environmental professionals, convened by the Ministry of the Environment to provide expert advice on the practical implementation of regulations, policy and guidance. They have noted “pressing” issues with  the “lack of discussion, guidance and potential direction in integrating Reg. 419 requirements and Section 9 of the Environmental Protection Act (S9) air approval requirements.“

Proposed changes to the regulation (startup/ shutdown/ malfunction) will make this problem much worse: “MOST  facilities in Ontario (both existing and proposed) will have one or more …[theoretical] scenarios that will show potential non-compliance and therefore under current S9 policy would not be issued a Certificate of Approval.”

Group after group are raising similar issues about this well-intentioned initiative that has gone so awry. Is the Ministry listening?