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Town's lawyer says bylaw not aimed at power plant 3 · Wednesday, January 27, 2010 OAKVILLE BEAVER · www.oakvillebeaver.com Continued from page 1 The bylaw, listed as 2009-197, would require facilities that emit fine PM to undergo a rigorous approval process and be subject to reporting requirements on an ongoing basis. The process would begin with reporting. Under the bylaw, the owner or operator of a facility that emits fine PM would be required to report this to the Town, providing them with information on the emission source and the estimated amount of fine PM emitted on an annual basis. This rule would also apply to proposed facilities that would emit fine PM. Under the bylaw, a facility would be considered a major emitter if PM 10 emissions exceeded 500 kilograms per year or if PM 2.5 emissions exceeded 300 kilograms per year. A facility would also be considered a major emitter if volatile organic compound emissions exceeded 1,000 kilograms per year, if nitrogen oxide emissions exceeded 2,700 kilograms per year or if sulphur dioxide emissions exceeded 2,000 kilograms per year. If classified as a major emitter, both existing and proposed facilities would then have to complete an approval process, which would require the emitter to provide a facility description, average worst-case rates of emissions during operations, an assessment of the facility's effect on public health and an appraisal of any measures available to the facility that would reduce the risk to public health. When the Town receives this information, a peer reviewer will be chosen to review the infor- mation and verify it is complete after which the public will be given the opportunity to weigh in on the emitter's approval process through consultations. Following these consultations, council will decide whether to approve the emitter's application to run their facility in Oakville. If the Town rules against the emitter, the facility will be declared a public nuisance, meaning the facility could be shut down or not allowed to establish itself in Oakville. Those going through the approval process would need to pay a fee that could be set at a maximum of $25,000. Existing major emitters would be subject to a one-year transition before having to seek Town approval for their emissions. The Town's Director of Environmental Policy Cindy Toth said the proposed bylaw is important because of the health effects associated with fine PM. Toth pointed out that in the last four years more than 30 studies have been published on the health effects associated with exposure to fine PM with results ranging from cardiac to respiratory problems. Premature death was also listed as a possible side effect of fine PM exposure, with Toth noting that based on an annual concentration of 10 microgram/m3, there will be 80 premature deaths in Oakville attributable to PM 2.5 pollution every year. Rodney Northey, a solicitor retained by the Town, noted the bylaw is also important because despite these studies linking fine PM to health problems, neither the provincial nor federal governments regulate it. While the prospect of an emissions regulating bylaw created much concern for Oakville's economy during a Tuesday meeting of Oakville's business leaders, residents at the Thursday meeting had mostly positive things to say about what the Town's effort to improve air quality. "In my opinion what they're doing is good because they are not attacking industry, they're just saying this is a bylaw we need and its going after PM. It's going after PM 2.5 and if you fall into that group (emitters) then you've got to do something," said area resident Ron Newman. "That's the way I think it should be." Most concerns focused around making the bylaw strong enough so that major emitters would not simply be able to sidestep it. The offences section of the bylaw notes that any person found guilty of an offence, such as ignoring the bylaw's approval process, will be liable upon conviction of a fine of up to $100,000 for a first offence and $10,000 a day for each day or part of a day that the offence continues. One woman voiced concerns about the bylaw apparently relying on emitters to report on their own emissions and submit to the bylaw's approval process, if they found themselves to be major emitters. The woman noted it was not realistic to believe an emitter would do this. Northey said companies holding Environmental Protection Act Certificates of Approval will already be reporting their emissions to the province. Many major emitters are also required to list their emissions under Environment Canada's National Pollutant Release Inventory. "I would say that there is a possibility of serious non-compliance, but I call that a possibility," said Northey. "I think there is enough information out there in the existing obligations to get a more than plausible idea about who is in play here." When another audience member asked if the bylaw would stop TransCanada's proposed 900megawatt gas-fired power plant from being built in Oakville, Northey replied he was unsure at this time because TransCanada has not yet unveiled its projected emission levels. When another audience member asked a power plant related question, Northey said the bylaw is bigger than a slap against TransCanada. "This is not TransCanada's bylaw, it applies to all emitters," he said. With all suggestions and comments heard, Mayor Rob Burton closed the meeting with predictions of things to come. "I want you to know that I've been busy talking to the mayors of other towns and cities and they are very excited about this initiative and I believe we are going to have company around the province in attacking the sources of air pollution," said Burton. "I feel we have made some progress here not just for ourselves, but for everyone." The Health Protection Air Quality Bylaw will come before council on Monday, Feb. 1, for consideration. For more information, visit www.oakville.ca/healthairqualitybylaw.htm. Let our designers and product selection take you to another place. A WORLD OF INSPIRATION We can transform any space! Elegance, Stylish, Sophisticated, or Sleek We specialize in importing and distributing unique Ceramics, Porcelain, Travertine, Marble, Glass, Custom Medallions and mosiacs from Around the World. Ask about our Custom Glass Shower Doors & Floor Heating Tile selection made enjoyable! Factory Tile Depot www.factorytiledepot.ca