This is a notice of a request by Vale Inco Limited for the alteration of a Schedule 3 standard under Section 32 of Ontario Regulation 419/05: Air Pollution – Local Air Quality (O. Reg. 419/05) for nickel at the Copper Cliff Smelter Complex located at 18 Rink Street in Copper Cliff, Ontario.

Nickel:
The nickel air standard to be phased in on February 1, 2010 for this facility as set out in Schedule 3 to O.Reg. 419/05 is 2 micrograms per cubic metre (24-hour average). Vale Inco Limited has requested a site-specific altered air standard for nickel of 15 micrograms per cubic metre (24-hour average) that is to be applied at all points of impingement. In summary, the supporting material from Vale Inco Limited indicates that this is the minimum level that is technically feasible for this facility at this time. This conclusion by the company is based upon a review of air pollution requirements in other jurisdictions, a review of available pollution control methods and the results of the Emission Summary and Dispersion Modelling (ESDM) report.

The maximum 24-hour average concentration of nickel, assessed by Vale Inco Limited, at the nearest residence in the vicinity of the Copper Cliff Smelter Complex is  predicted to be 11.6 micrograms per cubic metre (the frequency of exceedence of the nickel in air standard at this residence is predicted by atmospheric dispersion modelling to be 219 days in five years).

Through O. Reg. 419/05, new or updated air quality standards are established to be protective of human health and environmental effects. O. Reg. 419/05 (section 32) includes provisions for site-specific alteration of air standards and associated implementation timetable. This process is intended to address technical implementation barriers related to meeting new or updated air standards and/or the requirement to use the United States Environmental Protection Agency (US EPA) air dispersion models referenced in O.Reg. 419/05.

The alteration of air standards process was developed to establish interim site- specific standards with the goal of continuous improvement toward achieving the effects-based standard over time. The Guideline for the Implementation of Air Standards in Ontario (GIASO) and the Guide to Requesting an Alternative Air Standard are the primary Ministry of the Environment (MOE) documents that describe the risk-based process for setting an altered air standard.

The following information was submitted or is required to be submitted to the MOE to support Vale Inco Limited’s request:

1. A Request form - which summarizes legal information including name and location of requester, contaminant names, etc.;
   
2. An Emission Summary and Dispersion Modelling (ESDM) Report - which includes the results from a modelling/ monitoring study and an assessment of the magnitude and frequency of exceedence of the standard(s);
   
3. A Technology Benchmarking Report - which assesses and ranks technical methods for reductions in contaminant concentrations and provides an assessment of feasible technologies;
   
4. An Action Plan with a schedule of dates/timelines for the implementation of the preferred technically feasible option(s); and 
   
5.  Public Consultation Report - which summarizes the results of the mandatory public meeting with the local community held October 23, 2008 prior to the request being made.

A copy of the information can be viewed at either of the MOE locations noted below or at the offices of Vale Inco Limited in Copper Cliff. The release of information from the MOE contained in request forms and documentation submitted in support of the request for an alteration of the air standard is subject to the provisions of the Freedom of Information and Protection of Privacy Act. This Act defines what may and may not be disclosed to the public and is used to assess all requests for information under the alteration air standard process.

The request for an altered standard can be approved for a period of up to five (5) years (up to ten (10) years in extenuating circumstances). This ensures continual improvement and a re-evaluation of technical considerations which evolve over time.

A decision by the MOE in response to the request by Vale Inco Limited will be posted to the Environmental Bill of Rights Environmental Registry.

This proposal was posted for a 120 day public review and comment period starting December 11, 2008. Comments were to be received by April 10, 2009.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry of the Environment.

Please Note: All comments and submissions received have become part of the public record.

Abby Salb
Engineer
Ministry of the Environment
Environmental Sciences and Standards Division
Standards Development Branch
Technology Standards Section
40 St. Clair Avenue West
Floor 6th
Toronto Ontario
M4V 1M2
Phone: (416) 235-6566
Fax: (416) 235-6352

Copper Cliff Smelter, 18 Rink Street, Copper Cliff (Sudbury), Ontario

CITY OF GREATER SUDBURY
Copper Cliff