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Environmental Approval RequirementsFor
Thermal Treatment of Biomass Projects Exploring Small Scale Biomass Fired Organic Rankine Cycle Technology
as a Northern Ontario Energy Solution
Confederation College – Thunder Bay – March 13, 2013Prepared by: Presented by:Mohsen Keyvani, P. Eng. Steven Law, P. Eng.Environmental Approvals Branch Standards Development BranchMinistry of the Environment Ministry of the Environment
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Overview
The environmental approval requirements for establishing thermal treatment of biomass projects in Ontario
Definition:“Thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment (O. Reg. 347)
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Why Environmental Approvals?
All thermal treatment of biomass projects requiring approval under Ministry of the Environment’s legislation are carried out in accordance with the acts, applicable regulations, and guidelines administered by the MOE in order to ensure the protection, conservation, and wise management of the natural environment: air, water, and land
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Regulatory Framework
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Policies/Guidelines
Acts
Authorizing Documentse.g., ECA,
PTTW
RegulationsPowers e.g.,
orders, inspections
Prohibitions & Offences
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Categories of Approval for Thermal Treatment (TT) Projects
Environmental Approvalfor
TT Projects
Environmental Assessment Act(EAA)
Ontario Water Resources Act(OWRA)
Environmental Protection Act(EPA)
O. Reg. 359/09(REA)
O. Reg. 101/07(Waste Mgmt. Projects)
O. Reg. 116/01(Electricity Projects)
O. Reg. 419/05 Reg. 347
O. Reg. 160/99(Definitions & Exemptions)
Electricity Act(EA)
O. Reg. 525/98(Approval Exemptions)
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Environmental Approvals Required for:
A project uses biomass to produce electricity (renewable energy generation facility)
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RENEWABLE ENERGY APPROVAL (REA)
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Renewable Energy Approval (REA) Renewable Energy Approval (REA) Regulation (O. Reg.
359/09) became law in September 24, 2009.
Streamlined environmental approval process for renewable energy generation projects with a six (6) month service standard
REA is a multimedia approval (i.e. Air, Noise, Waste, Sewage Works, Permit to Take Water (PTTW))
Coordinated approach that provides certainty with respect to provincial environmental requirements and setbacks; ensures transparency and public review
Upfront province coordination on identification of aboriginal communities that province is requiring applicants must to consult (coordinated with MEI, MNR, MOE, MAA)
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REA...Cont’d
Definitions (Electricity Act-1998):
“Renewable energy generation facility” is a facility that generates electricity from a renewable energy source
“Renewable energy source” means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, ….
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Biomass is defined in Regulation 160 under the Electricity Act, and means organic matter that is derived from a plant or animal, is available on a natural renewable basis and is:
• grown or harvested for the purpose of being used to generate electricity,• waste from harvesting or processing agricultural products or waste from
processing forestry products, including spent pulping liquor,• woodwaste,• agricultural waste,• pulp and paper biosolids,• organic waste materials from a greenhouse, nursery, garden centre or flower
shop,• waste from food processing, distribution and preparation operations, such as
food packing, food preserving, wine making, cheese making, restaurants and grocery stores, and includes, as an example, organic waste from the treatment of wastewater from facilities where food or feed is processed or prepared,
• waste from the operation of a sewage works subject to the OWRA, • sewage biosolids, or• hauled sewage,• forest resources made available under a forest management plan approved
under the Crown Forest Sustainability Act, 1994 or a managed forest plan approved under the Managed Forest Tax Incentive Program;
REA...Cont’d
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REA...Cont’d
Renewable energy generation facilities are not subject to the Planning Act, Environmental Assessment Act (EAA), and an Environmental Compliance Approval (ECA) but rather are covered by a Renewable Energy Approval (REA) Regulation O. Reg. 359/09 made under Part V.0.1 of the EPA
Note: Guideline A-7 does NOT apply to a renewable energy generation facility because mixed municipal waste is not considered biomass
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When Is REA Required for aThermal Treatment Facility?
The facility uses biomass
Produces electricity (regardless of sale to the grid or not)
90% or more of the electricity produced from a renewable energy source, if name plate capacity ≤ 500 kW (95% or more, if name plate capacity > 500 kW)
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REA – Exemption
The facility prior to September 24, 2009 Collectively:
o had a power purchase agreement with the Ontario Power Authority (OPA)
o project location met a zoning by-law or order under Part V of the Planning Act
o the facility was not subject to the Environmental Assessment Act;
Obtained all environmental approvals and permits; or A notice of completion in respect of the renewable
energy generation facility has been issued or published and the facility has a power purchase agreement with the OPA
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Renewable Energy Approval Process
EBR Proposal Notice
EBR Decision Notice
Provincial Review
CompleteSubmission(Ministry accepts application)
Specific Requirements (e.g., crown tenure documents issued, building permit process)
Specific Requirements (e.g., crown tenure documents issued, building permit process)
Approval Process - Service guarantee of 6 months
Studies & Consultation• municipal
consultation• public
consultation• technology
specific requirements
• letters from MNR/MCL and related assessments
Studies & Consultation• municipal
consultation• public
consultation• technology
specific requirements
• letters from MNR/MCL and related assessments
Approvals• MOE REA• MNR
permits• MTO
permits• CA permit
AppealsProcess(6 month maximum)
Proponent’sProjectConcept
Aboriginal Consultation
Renewable Energy Facilitation Office
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Thermal Treatment
Class 1 (at any location) Woodwaste only
Class 2 (on-farm) Any biomass not only woodwaste
Class 3 (off-farm) Any biomass not only woodwaste
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Permitted Feedstock for Various Classes of Thermal Treatment
Type
Thermal Treatment
Class 1 Class 2 Class 3
Location Any where On-farm Off-farm
Feedstock
Biomass
Woodwaste
SSO
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Project Description Report
Construction Plan Report
Consultation Report
Design and Operations Report
Decommissioning Plan Report
Noise Study Report
Odour Study Report
Emission Summary & Dispersion Modeling Report
Effluent Management Plan
Surface Water Assessment Report
Hydrogeological Assessment Report
Water Bodies Report
Environmental Impact Study
All reports and their required content are outlined in the regulation. (O. Reg. 359/09 under the Environmental Protection Act) Most REA projects include five core reports
Some projects may require technical reports
Preparation of Reports
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Feed-In Tariff (FIT) Thermal Treatment Prices
http://fit.powerauthority.on.ca
Fuel SizePrice
(¢/kWh)Renewable
Biomass≤ 10 MW 13.8
>10 MW 13.0
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What Environmental Approval Would be Required If the Project:
Produces electricity using less than 95% (>500 kW) or 90% (≤500 kW) of biomass? OR
Produces energy other than electricity?
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ENVIRONMENTAL ASSESSMENT ACT (EAA)
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Environmental Assessment Act (EAA)
Waste Management Projects Regulation (O. Reg. 101/07) came into force on March 23, 2007
“Guide to Environmental Assessment Requirements for Waste Management Projects” accompanies the regulation and sets out requirements for the new Environmental Screening Process
Part A – Overview of EA requirements for waste management projects Part B – Environmental Screening Process
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Waste Management Projects Regulation(O. Reg. 101/07)
According to the regulation, thermal treatment facilities generating energy are subject to the Environmental Screening Process (ESP), rather than an individual environmental assessment
An industry (e.g. cement kiln), however, that receives up to 100 tonnes per day of waste as fuel for its own energy needs is exempt from the EAA (i.e. No ESP)
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Waste-based Electricity Projects
Some projects have both waste management and electricity components. O. Reg. 101/07 takes precedence over O. Reg.116/01 (EA
Electricity Reg.)
O. Reg. 116/01 may apply, where no waste site approval is required under the EPA
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Environmental Screening Process
Environmental Screening Process is a proponent driven, self-assessment process (no Minister or Cabinet approval).
Guide describes required review process, sets out requirements for consultation & identifies documentation needs.
Provides an opportunity to request the Director, EAAB (Environmental Approvals Branch) to elevate the project to an individual EA.
Statement of Completion must be issued prior to issuing approvals under EPA, OWRA or others
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ENVIRONMENTAL PROTECTION ACT (EPA) &
Ontario Water Resources Act (OWRA)
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Environmental Protection Act (EPA)
Environmental Compliance Approval (ECA) Thermal treatment facilities require an ECA for air and waste under the
EPA.
The new ECA replaced the previous Certificate of Approval process for air, waste and wastewater proposals as of October 31, 2011.
Air Emission Standards
Thermal treatment facilities must meet Ontario’s stringent air emission standards under O. Regulation 419/05 (Local Air Quality).
Note: Guideline A-7 applies if a thermal treatment facility uses municipal waste to generate energy (energy-from-waste(EFW))
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Ontario Water Resources Act (OWRA)
Environmental Compliance Approval (ECA)
Approval would also be required for sewage works (e.g. storm water management, spill containment system for transformer substation, etc.)
Permit to take water (> 50,000 litres per day)
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Thank you
Questions?
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APPENDIX
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Resources
• Renewable Energy General information on the MOE Website:www.ene.gov.on.ca/environment/en/subject/renewable_energy/index.htm
• Technical Guide to Renewable Energy Approvals, available on the Ministry websitehttp://www.ene.gov.on.ca/environment/en/resources/STDPROD_088423.html
• For Municipal Consultation information and form on the MOE Website :www.ene.gov.on.ca/environment/en/subject/renewable_energy/STDPROD_080424.html#1
• Guide to applying for a renewable energy approvalwww.ene.gov.on.ca/en/business/green-energy/docs/REP_Guide.pdf
• Checklist for Requirements under O. Reg. 359/09 Supplement to Application for
Approval of a Renewable Energy Projecthttp://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resource/stdprod_080444.pdf
• Guide To Environmental Assessment Requirements For Waste Management Projectshttp://www.ene.gov.on.ca/environment/en/resources/STD01_076021.html
• Guide To Applying For Approval of Waste Disposal Siteshttp://www.ene.gov.on.ca/environment/en/resources/STD01_076008.html
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Helpful Contacts
Environmental Approvals BranchMinistry of the EnvironmentPh: 1-800-461-6290 (416) 314-8001Fax: (416) 314-8452eaabgen@ontario.ca
Renewable Energy Facilitation OfficeMinistry of Energy and InfrastructurePh: 1-877-440-REFO (7336) (416) 212-6582Fax: (416) 314-2175refo@ontario.ca
Ontario Power AuthorityFIT Program call centrePh: 1-888-387-3403 info@powerauthority.on.ca
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