Environmental, Energy & Resources Newsletter - October 2007.

Edited by Barry N. Spiegel

Tough New Air Standards to be Phased in Over Five Years

For the first time in 25 years, Ontario has dramatically tightened air quality standards for a number of key pollutants and odiferous chemicals. This is one more stage in the rewriting of the province's air pollution regulations, to include a revised list air dispersion models, updated opacity standards, and administrative amendments designed to improve clarity and aid enforcement.

New point-of-impingement (POI) standards and ambient air quality criteria (AAQC) for 14 air pollutants or groups of pollutants were posted by MOE on August 31, 2007.

Now O. Reg. 419/05 (Air Pollution -- Local Air Quality) has been updated to cover three previously unregulated pollutants: chloroethane, propylene and several TMB isomers.

POI Guidelines for five compounds were upgraded from Guidelines to legally enforceable standards, while POI standards for the remaining six were made considerably more stringent.

All but one of the new standards will be phased in starting in 2013. However, more stringent standard for lead will apply starting in 2010.

These new standards will control especially odiferous compounds, including hydrogen sulphide, nbutanol isobutanol and mercaptans. The amended O. Reg. 419/05 makes it an offence to exceed an odour-based standard at a place "where human activities regularly occur," based on monitoring results alone.

Click here to view our comparative chart for the 14 air toxics with new or updated standards.

First Nations Spiritual Values May Defeat Mine Expansion Plan

Joint EA Panel Recommends Refusal

A Joint EA Review Panel Report recommended refusing approval of the proposed Kemess North Copper-Gold Mine Project in north western B.C. The project proposed dumping about 500 million tones of waste rock and tailings into Duncan (Amazay) Lake. This would virtually destroy the 269 hectare lake, found by the Panel to hold spiritual value for local First Nations. The project would require long term management for generations after the mine closed.

The Joint BC/Federal Panel considered a number of sustainability factors, but ultimately, it was persuaded by First Nations spiritual concerns for the lake "Both the Gitxsan and the Tse Keh Nay have stated that water is sacred to them and that the destruction of a natural lake goes against their values as Aboriginal people." The Panel noted that although the proponent was prepared to offer $1 million as a starting point for an impact benefit agreement "the Panel was told repeatedly that there was no price that Aboriginal people would agree to place on the loss of Duncan (Amazay) Lake and its spiritual values, and that, in order to embrace this Project, they would have to make an unacceptable trade-off which cannot be readily costed in dollar terms."

The Panel accepted the sincerity of the First Nations, particularly in light of the fact that some of them had entered into an impact benefit agreement for the Kemass South mine, about six kilometers away.

The Panel does not make the final decision. The government may choose to approve the mine. The Panel made more than 30 recommendations for approval conditions in the event the government decides to approve the project.

Download the Panel Report at www.willmsshier.com, from the "Cases" section of the Documents & Downloads menu.

OPA Files 20-Year, $60 billion Power Plan for the Province

On August 29, the Ontario Power Authority (OPA) filed its long awaited Integrated Power Supply Plan (IPSP) with the Ontario Energy Board. Although supported by the Association of Power Producers of Ontario, the 20-year plan was attacked by ENGOs for its reliance on nuclear generation and relatively small investments in conservation and alternative energy. Two years in the making, highlights of the plan include:

Maintaining nuclear's current share by refurbishing existing plants or building new ones. Adding 14,000 MW of nuclear power by 2025 will cost an estimated $26.5 billion, almost half the Plan's total budget.

Phasing out coal-fired generation plants by the end of 2014 but keeping some plants operational for "insurance purposes" to cover unanticipated shortfalls in supply.

Adding 15,700 MW of power generated by renewable sources by 2025 at a cost of $15.4 billion.

Reducing demand by 6300 MW by 2025 by promoting conservation efforts at a cost of $10.2 billion.

Increasing gas generated power by 2025 at a cost of $3.6 billion.

Upgrading the transmission system at a cost of $4 billion.

The Board has the power to either accept the plan, in accordance with the Ministry of Energy's 2006 directive, or refer it back the OPA with comments for further consideration and resubmission. The timeline for the review has not yet been announced.

> The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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