Proposed By-law to control major emission of fine PM in Oakville

"In the absence of effective regulation of fine PM by either the provincial or federal governments, we're taking action to protect the health of Oakville residents," Mayor Rob Burton said. "Under the proposed by-law, facilities that emit fine PM would undergo a rigorous approval process and would be subject to reporting requirements on an ongoing basis."

The purpose of the proposed by-law is to take measures to protect Oakville residents from the negative health effects of fine PM by collecting information from facilities that emit fine PM, implementing regulatory controls and monitoring emissions. Sources of major emissions could be designated as public nuisances under the by-law, which will come back to Council for consideration in February, 2010.

“Facilities would be required under this by-law to provide us with the average and worst-case rates of emissions during operations," said Cindy Toth, director of Environmental Policy for the town. "It would apply to proposed facilities that emit major concentrations of fine PM, and their applications would go through both a peer review and public consultation process. Existing facilities causing such emissions would be subject to a one year transition before having to seek town approval."

In deciding whether to approve an application, Council would consider whether major emissions of fine PM from the facility have or will have a significant, negative health effect on residents.

The peer review of an application would be conducted by a person with appropriate expertise. The review and complete application would be submitted for comment to the Halton Region Health department and posted on the town's website. The public and applicant would then have an opportunity to comment on the application and peer review and make delegations to Council.

"We know Oakville residents want and deserve a say in decisions that will affect their health and the health of the environment," Mayor Burton said. "This by-law would make it mandatory that the public receives real information on the consequences of operating facilities that emit fine PM within their town."

Facilities that receive approval from the town would have to prepare annual reports for at least three years following approval that would include their actual recorded emissions of fine PM.

At its meeting on December 14, 2009, Council approved an application to the Province of Ontario requesting the enactment of a new regulation that would limit the amount of fine PM that a facility would be allowed to emit into an airshed, based on the emissions' effects on public health.

Town Council resolved to hold public consultation on the by-law which would then be further considered by Council early in February. Public consultation is planned for January 21, 2010 at Oakville Town Hall.

For more information and to read the staff report and proposed by-law from the special meeting of Council, visit the Power Plant Updates web page.

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