tag:blogger.com,1999:blog-37658804381244779562024-03-05T10:16:33.992-08:00Clear The Air HamiltonClear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-3765880438124477956.post-90448277635540948082013-10-10T11:51:00.000-07:002013-10-10T11:51:50.337-07:00Ontario's Environmental Commissioner Weighs in on Environmental Penalties for Spills to Air<div class="separator" style="clear: both; text-align: center;">
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<div align="center" class="MsoNoSpacing" style="text-align: center;">
<b>Review of Application R2012014:<o:p></o:p></b></div>
<div align="center" class="MsoNoSpacing" style="text-align: center;">
<b>2.2.15 Need for Environmental Penalties for
Spills to Air<o:p></o:p></b></div>
<div align="center" class="MsoNoSpacing" style="text-align: center;">
<b>(Review Denied by MOE)<o:p></o:p></b></div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
<i>Keywords:
Environmental Protection Act (EPA); Ontario Water Resources Act (OWRA); air</i></div>
<div class="MsoNoSpacing">
<i>pollution; air
quality <o:p></o:p></i></div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
<b>Background/Summary
of Issues</b></div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
Under the Environmental Protection Act (EPA) or the
Ontario Water Resources Act (OWRA), the </div>
</div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
Ministry of the Environment (MOE) can issue an
environmental penalty order as an abatement tool </div>
</div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
to require certain violators to pay a penalty when a
spill or unlawful discharge to water or land </div>
</div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
occurs. Currently, MOE cannot issue environmental penalty
orders for air violations. In December </div>
</div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
2012, the ECO received an application requesting a review
of the legislation, regulations and </div>
</div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
mechanisms that enable the environmental penalties
program, in order to consider expanding the </div>
</div>
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<div style="text-align: justify;">
scope of the program to include discharges and emissions
of pollutants to air, including a review of </div>
</div>
<div class="MsoNoSpacing">
<div style="text-align: justify;">
section 182 of the EPA and O. Reg. 222/07 – Environmental
Penalties made under the EPA. </div>
</div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
The application was sent to MOE for consideration. </div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
<b>Environmental
Penalties <o:p></o:p></b></div>
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<br /></div>
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MOE uses a number of compliance and enforcement tools to
address violations of the ministry’s </div>
<div class="MsoNoSpacing">
laws; the tool used should be proportionate to the risk
presented by the incident, the compliance </div>
<div class="MsoNoSpacing">
history, and the response of the violator. The variety of
tools available to MOE includes education </div>
<div class="MsoNoSpacing">
and outreach, warnings, orders and prosecutions. </div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
An environmental penalty order is a mandatory abatement
tool that is used by MOE to encourage </div>
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companies to comply with environmental laws and to allow
for swift remedial action in the event of </div>
<div class="MsoNoSpacing">
a spill, discharge, or other environmental violation. An
order can only be issued to the </div>
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approximately 140 facilities that belong to one of nine
industrial sectors prescribed in the </div>
<div class="MsoNoSpacing">
Municipal-Industrial Strategy for Abatement regulations.
The issuance of an order is not a form of </div>
<div class="MsoNoSpacing">
prosecution; in fact, a person can be given an order and
prosecuted for the same violation. MOE’s </div>
<div class="MsoNoSpacing">
Compliance Policy (2007) recommends the use of
environmental penalty orders as an option for </div>
<div class="MsoNoSpacing">
responding to violations that fall into compliance
categories II and III, which are generally more </div>
<div class="MsoNoSpacing">
severe. In Part 3.4 of our 2007/2008 Annual Report, the
ECO observed that environmental penalties </div>
<div class="MsoNoSpacing">
should provide MOE staff with “a faster, less resource
intensive, and less costly means of bringing </div>
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contraveners into compliance with provincial environmental
laws” than prosecutions alone. </div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
<b>Expanding the
Framework to Air Pollution <o:p></o:p></b></div>
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<br /></div>
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The applicants alleged that under the current regulatory
framework, it is challenging for MOE to </div>
<div class="MsoNoSpacing">
swiftly and successfully prosecute air violations.
According to the applicants, the absence of court charges and fines for air
violators over the past several years demonstrates the need for more tools </div>
<div class="MsoNoSpacing">
to penalize air polluters. The applicants stated that,
while charges and fines for air violations are </div>
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rare, this is not
an indication of compliance, as Hamilton industrial operators regularly violate
</div>
<div class="MsoNoSpacing">
Ontario’s opacity rules, but are rarely, if ever, charged
and fined. </div>
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<br /></div>
<div class="MsoNoSpacing">
The applicants stated that the significant health and
economic costs associated with poor air quality </div>
<div class="MsoNoSpacing">
justify the need to ensure MOE has effective tools for
abatement. </div>
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<br /></div>
<div class="MsoNoSpacing">
The applicants requested that MOE undertake a review to
consider broadening the framework to </div>
<div class="MsoNoSpacing">
include spills to air, since the environmental penalties
framework has proven to be beneficial for </div>
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spills to land and water. They suggested that expanding
the program could provide a viable and </div>
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efficient abatement approach to ensuring that Ontario’s
air rules are upheld, and assist in reducing </div>
<div class="MsoNoSpacing">
air emissions. </div>
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<br /></div>
<div class="MsoNoSpacing">
<b>The Ontario
Community Environment Fund <o:p></o:p></b></div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
The funds collected through environmental penalty orders
are directed to the Ontario Community </div>
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Environment Fund (OCEF), a dedicated fund that is used to
support local projects focused on </div>
<div class="MsoNoSpacing">
environmental remediation, research and education
relating to spills and restoration of the </div>
<div class="MsoNoSpacing">
environment, and projects related to spill preparedness,
in the areas where the violations occurred. </div>
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The applicants proposed that, should MOE expand the
environmental penalty program to include </div>
<div class="MsoNoSpacing">
spills to air, funds collected from penalties could be
used for projects and initiatives focused on </div>
<div class="MsoNoSpacing">
research and education related to spills to air, similar
to the OCEF. This would assist in making </div>
<div class="MsoNoSpacing">
necessary improvements to air quality and public health
in Ontario communities. </div>
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<br /></div>
<div class="MsoNoSpacing">
<b>Five-Year Review <o:p></o:p></b></div>
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<br /></div>
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Under the EPA, at least every five years, the Minister of
the Environment is required to review the </div>
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operation of the environmental penalty program, including
its effects on prosecutions, and provide </div>
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any recommendations on the contraventions to which, and
circumstances in which, orders should be </div>
<div class="MsoNoSpacing">
issued. The applicants requested that the five-year
review consider the expansion of the scope of </div>
<div class="MsoNoSpacing">
environmental penalties to include air emissions. </div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
MOE completed its first five-year review of the program
in December 2012, and found that </div>
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between August 2007 and December 2011, the ministry
issued 62 environmental penalty orders for </div>
<div class="MsoNoSpacing">
132 violations, resulting in a total contribution of
$779,482.45 to the OCEF. MOE found that </div>
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environmental penalties “fill a niche in the compliance
toolkit that provides a sufficient deterrent </div>
<div class="MsoNoSpacing">
to unlawful discharges and allows the ministry to address
non-compliance faster and more effective </div>
<div class="MsoNoSpacing">
than other compliance and enforcement tools.” The review
did not consider or recommend </div>
<div class="MsoNoSpacing">
expanding the program. </div>
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<br /></div>
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<b>Ministry Response </b></div>
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<br /></div>
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In February 2013, MOE informed the applicants that it had
completed its preliminary assessment of </div>
<div class="MsoNoSpacing">
the application and denied the review. The ministry
stated that its assessment was based on the </div>
<div class="MsoNoSpacing">
evidence provided by the applicants, information in MOE’s
files, and the Environmental Penalty </div>
<div class="MsoNoSpacing">
Program Five Year Review (December 2012). </div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
MOE stated that Ontario already has a strong framework of
policies, acts and regulations for </div>
<div class="MsoNoSpacing">
managing emissions to air and protecting air quality. The
ministry advised the applicants that it is </div>
<div class="MsoNoSpacing">
implementing a number of measures that will further
address air emissions, improve air quality, and </div>
<div class="MsoNoSpacing">
work to reduce both local and regional air pollution
impacts in communities. This includes the<br />
<br />
national Air Quality Management System
and Actions addressing: industrial emissions (eg sector-based technical
standards under O. Reg. 419/05 – Local Air
Quality, made under the <i>EPA), </i>mobile source emissions (e.g., Drive Clean
program); and local community concerns (e.g., </div>
<div class="MsoNoSpacing">
working with the Clarkson and Oakville communities). </div>
<div class="MsoNoSpacing">
<br />
The ministry advised the applicants that its existing compliance and
enforcement toolkit includes a </div>
<div class="MsoNoSpacing">
range of tools for air violations such as education,
voluntary abatement plans, orders, the issuance, </div>
<div class="MsoNoSpacing">
suspension or revocation of environmental compliance
approvals, and prosecution. For example, the </div>
<div class="MsoNoSpacing">
ministry’s compliance program targets priority areas and
focuses on activities that pose the highest </div>
<div class="MsoNoSpacing">
environmental risk. MOE further stated that “each situation
is evaluated on a case-by-case basis to </div>
<div class="MsoNoSpacing">
determine which abatement or enforcement tool is most
appropriate for obtaining quick action to </div>
<div class="MsoNoSpacing">
mitigate the effects of the violation, achieving
compliance with environmental laws, and improve </div>
<div class="MsoNoSpacing">
environmental performance in the immediate and long
term.” </div>
<div class="MsoNoSpacing">
<br />
MOE stated that Ontario’s air quality continues to improve. For example, both
emissions and </div>
<div class="MsoNoSpacing">
outdoor levels of air pollution have decreased
significantly over the past decade. MOE also </div>
<div class="MsoNoSpacing">
indicated that the matters sought to be reviewed are
otherwise subject to periodic review and that </div>
<div class="MsoNoSpacing">
it completed and published its first environmental penalty
program review report in December </div>
<div class="MsoNoSpacing">
2012. </div>
<div class="MsoNoSpacing">
<br />
<b>Other Information </b></div>
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<br /></div>
<div class="MsoNoSpacing">
In 2011, MOE conducted an investigation under the
Environmental Bill of Rights, 1993 over concerns </div>
<div class="MsoNoSpacing">
of dust emissions from the Essroc Canada Inc. (Essroc)
cement manufacturing facility, north of the </div>
<div class="MsoNoSpacing">
Town of Picton. In reviewing MOE’s handling of that
application, the ECO was disturbed that MOE’s </div>
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response was exceedingly slow and weak despite the
ministry’s knowledge that Essroc’s fugitive </div>
<div class="MsoNoSpacing">
emissions were causing adverse effects for the applicants
and area residents for almost a decade. </div>
<div class="MsoNoSpacing">
The ECO further found it problematic that the ministry
was unable to complete the necessary </div>
<div class="MsoNoSpacing">
background work before the limitation period to lay
charges expired, and suggested that the </div>
<div class="MsoNoSpacing">
ministry assess its investigative capacity and the
sufficiency of the limitation period in the EPA. For </div>
<div class="MsoNoSpacing">
more information, see Chapter 5.3 of Part 2 of the ECO’s
2011/2012 Annual Report. </div>
<div class="MsoNoSpacing">
<br />
<b>ECO Comment <o:p></o:p></b></div>
<div class="MsoNoSpacing">
<br /></div>
<div class="MsoNoSpacing">
The applicants raised valid points on the need for more
compliance and enforcement tools to </div>
<div class="MsoNoSpacing">
address air violations, and the ECO believes that MOE
should have at least conducted a review to </div>
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consider an expansion of the environmental penalties
program. </div>
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<br /></div>
<div class="MsoNoSpacing">
MOE’s five-year review of the environmental penalties
program found that it fills “a niche in the </div>
<div class="MsoNoSpacing">
compliance toolkit” because it deters unlawful discharges
to land and water and allows the ministry </div>
<div class="MsoNoSpacing">
to address non-compliance faster and more effectively
than other compliance and enforcement </div>
<div class="MsoNoSpacing">
tools for land and water violations. Like land and water
pollution, air pollution can have adverse </div>
<div class="MsoNoSpacing">
effects on environmental and human health. Yet, MOE
cannot issue an environmental penalty order </div>
<div class="MsoNoSpacing">
when a spill or unlawful discharge occurs to air. The ECO
previously suggested in our 2007/2008 </div>
<div class="MsoNoSpacing">
Annual Report that MOE consider, during its five-year
review, extending the environmental </div>
<div class="MsoNoSpacing">
penalties program to include air. </div>
<div class="MsoNoSpacing">
The ECO believes that there may be a gap in MOE’s
compliance and enforcement toolkit to address </div>
<div class="MsoNoSpacing">
air violations, as the applicants highlighted through the
absence of court charges and fines for air<br />
violators in recent years. As reported in our 2011/12 Annual Report, MOE’s slow
and feeble response </div>
<div class="MsoNoSpacing">
in the Essroc case illustrates the need for better
compliance and enforcement options for air. </div>
<div class="MsoNoSpacing">
Expanding the environmental penalties program to include
air violations could fill this gap by </div>
<div class="MsoNoSpacing">
discouraging illegal discharges and enabling the ministry
to address non-compliance quicker and </div>
<div class="MsoNoSpacing">
more effective than other compliance and enforcement
tools. </div>
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<br /></div>
<div class="MsoNoSpacing">
The applicants also raised a convincing suggestion that,
if the environmental penalties program </div>
<div class="MsoNoSpacing">
were extended to include air spills, MOE could also
expand the OCEF to allow the funds to be used </div>
<div class="MsoNoSpacing">
for projects and initiatives focused on research and
education related to spills to air. The ECO is </div>
<br />
<div class="MsoNoSpacing">
</div>
<br />
<div class="MsoNoSpacing">
disappointed that MOE did not even comment on this
suggestion. </div>
Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-88177978341387523072013-10-03T11:34:00.000-07:002013-10-03T11:34:47.764-07:00Environmental Penalties for Spills to Air – An Epic Saga<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjCGwz3J2hqGfnDLhL8wdO3c3lvfSD18nU7eC_9iZnbKhvPzVAZLZhOnhiLSy8dXEVCwQZX9_eCgHVG87qCmxeyoIRCRJNUWVlQ-VlDe66eK0-2Ik9oNBOlIwb4aGXXHb7YJLyWYQ_I77t3/s1600/Close+Up.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjCGwz3J2hqGfnDLhL8wdO3c3lvfSD18nU7eC_9iZnbKhvPzVAZLZhOnhiLSy8dXEVCwQZX9_eCgHVG87qCmxeyoIRCRJNUWVlQ-VlDe66eK0-2Ik9oNBOlIwb4aGXXHb7YJLyWYQ_I77t3/s1600/Close+Up.JPG" height="294" width="320" /></a></div>
<div class="MsoNormal">
<span style="font-size: 12.0pt; line-height: 115%;"><br /><br />Back in July
of 2005, the Province of Ontario passed a ‘environmental spills bill’ enabling front
line staff in the Ministry of the
Environment to issue environmental penalties’ or ‘EPs’ to polluters
for spills to land and water. A recently issued <a href="http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resource/stdprod_102026.pdf">5
year review</a> of the implementation of the EPs program confirmed that this approach
has been a resounding success. In the review, the MOE explains that:<br /><b><i><br /></i></b></span></div>
<div class="MsoNormal">
<span style="font-size: 12.0pt; line-height: 115%;"><span style="font-weight: bold;">“(E)nvironmental penalties fill a niche in the
compliance toolkit that provides a <br /><i>sufficient
deterrent to unlawful discharges and allow the ministry to address non-</i><br /><i>compliance
faster and more effectively than other compliance and enforcement tools. </i><br />
</span><br />
The report also notes that<b><i> “(E)nvironmental penalties can be issued
quickly compared to the time required to undertake a prosecution. This will encourage facilities to take swift
action to abate the effects of the contravention and prevent its recurrence”.</i></b> <br />
<br />
One glaring omission from the MOE spills bill that every Hamiltonian needs to
be aware of and concerned about is the fact that <b>THERE ARE NO EPs FOR SPILLS TO AIR</b>! However, this reality is not due to lack of
effort from concerned Hamiltonians to see the environmental penalties program
expanded to include spills to air. <br /><br /><o:p></o:p></span></div>
<div class="MsoNormal">
<b><span style="font-size: 12.0pt; line-height: 115%;">The Clean Air Hamilton Attempt</span></b><span style="font-size: 12.0pt; line-height: 115%;"> <br />
The first local effort to see EPs for spills to air emerged a year ago through
conversations at a <a href="http://www.cleanair.hamilton.ca/default.asp">Clean
Air Hamilton</a> (CAH) meeting. There was general agreement around the
table at the time that EPs for spills to air made a lot of sense as an
additional tool to help to tackle problem emissions. A suggestion was made that CAH prepare and
submit an Application for Review under the Ontario Environmental Bill of Rights
requesting that the MOE review the relevant legislation/regulations and
consider including EPs for spills to air.
<br />
<br />
The application was prepared by several CAH members, including me, and was
brought back to the group’s November 2012 meeting for discussion. But
it was at that meeting that it became very clear that there were CAH members
who did not support the submission of the application. Representatives from the city’s two steel
mills stated very emphatically that they did not believe EPs for spills to air
would lead to more action from them as they felt they were already doing all
that they could be doing to address their air emission challenges and EPs
wouldn’t lead to additional improvements.
Further, they stated that CAH functions on the basis of consensus, and
they – as members of CAH - were
unwilling to support the submission. <br />
<br />
<b>EH Signs On to Environmental Bill of
Rights Submission – MOE Declines Request<br />
</b>The application was, therefore, not submitted through Clean Air Hamilton. Instead, two individuals signed on (including me as a
representative of Environment Hamilton) and submitted the Application for
Review. <br />
<!--[if !supportLineBreakNewLine]--><br />
<!--[endif]--><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-size: 12.0pt; line-height: 115%;">The MOE
decision on the Application for Review came in January of this year, right
after the release of the MOE 5 Year Review of the EPs for spills to land and
water program. The MOE decision on the
application was that “...the public interest does not warrant the requested
review.” While the review acknowledged
that “...the Environmental Penalty Program for spills to land and water has
been beneficial toward achieving compliance and effective at reducing
violations”, the MOE was still unwilling to consider EPs for spills to
air. The reasons, in summary, were as
follows:<br />
<br />
<b><i>Some
measure of MOE resources would be required to conduct a review of this <br />
request. All available MOE resources are currently
dedicated to implementing the <br />
MOE’s
existing air quality management framework as well as upcoming initiatives <br />
that
will further address industrial emissions to air.<br />
<br />
</i></b>The decision from the MOE was disappointing to say the least. While we continue here at Environment
Hamilton to document and report problems with visible emissions from the
industrial we are becoming increasingly frustrated that there is not a effective
tool in place to help MOE staff to take swift and decisive action where these
chronic visible emission problems are concerned. It’s no wonder to us that these
emission problems have become chronic. <br /><br /><o:p></o:p></span></div>
<div class="MsoNormal">
<b><span style="font-size: 12.0pt; line-height: 115%;">The ArcelorMittal Dofasco Charges for
13 ‘Spills to Air’</span></b><span style="font-size: 12.0pt; line-height: 115%;"><br />
And right on the heels of our failed attempt to convince the MOE, through the
Environmental Bill of Rights process, to consider including EPs for spills to
air to the environmental penalties legislation, we learned that 13 charges had
been laid against ArcelorMittal Dofasco for visible emission violations. This
triggered the start of a series of court appearances starting on April 2<sup>nd
</sup> when a brief appearance occurred
with the agreement that MOE would disclose all evidence to the company’s
lawyers in preparation for a second court date set for June 4<sup>th</sup>. At that June session we then learned that MOE
had failed to disclose any of its evidence so the Justice of the Peace ordered
that disclosure happen by August 9<sup>th</sup> in preparation for a September
3<sup>rd</sup> court appearance.
Incredibly enough, we arrived to observe the third court session only to learn that MOE had not disclosed any
of its evidence until a week before the September 3<sup>rd</sup> appearance,
despite the order from the Justice. This put the power in the hands of the company,
and their solicitors took full advantage
by requesting an adjournment until December 3<sup>rd</sup> of this year,
arguing that they only had the evidence for a week, and the MOE’s lawyers were
in no position to argue against the 3 month adjournment. And so, the MOE has essentially caused an
already long and drawn out court process to become even longer! It is likely the company won’t see any fines
for violations that took place in 2012, until 2014!<br />
<br />
<b>Utter Frustration Leads to EH Request to
Meet with MOE Deputy Minister<br />
</b>The combination of the failure of the Application for Review and the
ridiculous delays around the ArcelorMittal Dofasco court proceedings left us here
at Environment Hamilton, along with many community members, feeling utterly frustrated. Our experiences to date have left us even more
convinced than ever before that EPs for spills to air are a necessary and
critical tool for MOE abatement staff to have available in their toolkit if we
are ever to see chronic visible emission problems resolved in Hamilton’s industrial core. <br />
</span><br />
And so, we requested an opportunity for Environment Hamilton to meet with the
MOE’s Deputy Minister, Paul Evans. Evans is the highest ranking bureaucrat
within the MOE. We were pleased when
Evans agreed to a meeting which would also include the MOE’s Assistant Deputy
Minister Karen Matthews. The meeting
took place on September 30<sup>th</sup> in Toronto. I attended as the representative of
Environment Hamilton.</div>
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The meeting served as a good opportunity to share
Environment Hamilton’s frustration with the AM-Dofasco court proceedings but
also, more importantly, to express EH’s concern about the lack of MOE
willingness to consider EPs for spills to air.
An extensive collection of emission
photographs was shared with the DM and ADM in order for them to see what EH and
other community members are observing on a regular basis in the industrial core
(view them all in the ‘Spills to Air’
photo album in the album section on Environment Hamilton’s Facebook page). We talked about the steel mills and the scrap
yards as particularly problematic sources of emissions. And I shared EH’s reservations over the
ability of the MOE’s current air regulatory framework to resolve the chronic
visible emission problems that impact our community – especially neighbourhood near
the industrial core. Despite sitting
around a boardroom table covered in not-so-pretty pictures, the DM made it
clear that there is no interest at the MOE in pursuing EPs for spills to air at
this time. I asked why there was no
interest and he cited a number of issues including: <br /><br />1.
The requirement to create a program to direct any fine monies collected to community
<br />
programs
that address air quality issues. <br />
<br />2.
The challenge in defining the impacted area - Spills to water are defined as
occurring within <br />
watersheds
and fine monies collected within a given watershed are disbursed to initiatives <br />
within
these boundaries. To do this for air would be a challenge as air
pollution can travel <br />
extended
distances. <br /><br />3.
The requirement to amend the Environmental Protection Act and associated
regulations in<br />
order
to include spills to air and the timing of this requirement. <br />
<br />
The DM also spoke about the pursuit of technical standards for the iron and
steel and federal level efforts to develop an Air Quality Management System
(AQMS) that includes the delineation of air zones as two emerging pieces of the
provincial air framework. Both the DM
and the ADM expressed strong optimism that the provincial air management
framework has or is getting what it needs to resolve chronic visible emission problems. <br />
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Environment Hamilton has been actively engaged in various
ways in both the provincial and federal level processes and we simply do not
share the optimism expressed byt the DM and ADM. With
all due respect to the DM and ADM, we are left feeling that none of the reasons
provided by MOE are adequate to justify not pursuing an EPs program for spills
to air. We are also not convinced that the
air framework – even with the additional pieces that are coming – will be
enough to resolve challenges with chronic visible emissions. We will continue to push for the province to
develop and implement an Environmental Penalties Program for Spills to
Air. Consider calling your Member of
Provincial Parliament and telling them that you want to see an EPs Program for
Spills to Air!</div>
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<!--[endif]--></span>Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-63217616642024409712013-08-14T12:29:00.004-07:002013-08-14T12:29:29.173-07:00<b>Dust BUSTED!</b><br /><br />I did my 'pollution pedal' on my bike commute to the Environment Hamilton office this am. The ride takes me along Burlington Street and I eventually cut through the Keith Neighbourhood to get in to the downtown core. I pass right by the old Studebaker Factory - a huge brownfield site which is currently being redeveloped by UrbanCore so that smaller, light industries can move in. It's a great project which has involved extensive effort by the developer to reclaim and reuse as much material as possible. I learned from Sergio Manchia, whose company is redeveloping the site, that efforts have included salvaging wood beams from the buildings on the site, and reclaiming the steel and bricks. The efforts to reclaim and reuse are impressive - a model that all redevelopers should be following.<br /><br />There has also been a great deal of activity on the site breaking concrete floors and foundations down to gravel / aggregate form right on site. I've watched over weeks now as jackhammers, backhoes and crushers have worked on site. On most of the days that I've cycled past the area, the dust has been kept to a minimum, likely as a result of water sprays on the crusher. But today was different, with large plumes of fine dust billowing up and blowing to the east - right into the residential area on Emerald near Mars Avenue. <br />
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhhJe-NtQWwF4dn9oTwmaCgNvTNXs0EoMt4HeMIYPD5K7xawX2WQcQ1Rr3Tx4Ali-iPnekKvM-wDAEvdrnCWq_yQCJyt_PZCYaZ3sdYDkm2rhNS_HDXZ-YrxmzxRu-XCK11eFlVuS8T1Cr7/s1600/IMG_0424.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhhJe-NtQWwF4dn9oTwmaCgNvTNXs0EoMt4HeMIYPD5K7xawX2WQcQ1Rr3Tx4Ali-iPnekKvM-wDAEvdrnCWq_yQCJyt_PZCYaZ3sdYDkm2rhNS_HDXZ-YrxmzxRu-XCK11eFlVuS8T1Cr7/s1600/IMG_0424.JPG" height="209" width="320" /></a></div>
<br />
I imagine these particulate plumes have to be creating problems for people living in the Keith Neighbourhood. The stuff is fine enough that it's likely getting into houses and is definitely coating cars, lawn furniture and any kids toys that are outside. So I decided I didn't want to leave the area until I talked to someone at the work site. I cycled down Victoria - till I found an entrance. Little sidebar - chatted with a man there to buy some old bricks for his home - another great example of reuse of materials from the site. I ended up speaking with a man named Aidan - explaining to him that I was concerned about all of the particulate being generated at the site today, especially when I hadn't seen such an extreme problem there before. He explained that the particulate being generated right now is so fine, it keeps plugging the nozzles of the water sprayers. That comment gave me the opportunity to explain that it is the fine particulate that has the greatest potential to impact on people's health. I noted that the site is right beside a large residential area and directly north of a medical centre. He said that he would deal with my concern. I left just as the equipment was all shut down. <br />
<br />
I returned again on my lunch break - curious to see whether the problem was, indeed, resolved. The picture below confirms it - the work continued but the dust clouds were gone! It confirmed for me yet again that we can all play a role in ensuring problems like this don't occur - especially when there is really no excuse for allowing them to happen in the first place! <br />
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiQrSn_n78zQdxMZs9Nue06q4877UaatxMUV2czQjmr98gCG4snuSg1_aKyHtt0JxfqmAIEW4RZAj9fuhCfm7MBekq5KjqcsDN7CoA6Dh-bkiCe8byoBHhqjBz-SBEpAwXD6mfrNWTlWj5w/s1600/IMG_0434.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiQrSn_n78zQdxMZs9Nue06q4877UaatxMUV2czQjmr98gCG4snuSg1_aKyHtt0JxfqmAIEW4RZAj9fuhCfm7MBekq5KjqcsDN7CoA6Dh-bkiCe8byoBHhqjBz-SBEpAwXD6mfrNWTlWj5w/s1600/IMG_0434.JPG" height="141" width="320" /></a></div>
<br />
Environment Hamilton has been working to raise awareness and generate action to reduce particulate pollution in Hamilton. We believe there are many forms of particulate pollution that constitute 'low hanging fruit'. These problems shouldn't be occurring and the solutions are usually pretty straightforward to implement. <a href="http://www.environmenthamilton.org/view/page/DustBusters">Click here</a> to learn more about what you can do as a concerned community member!Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-72590456279765289082013-08-06T10:23:00.001-07:002013-08-06T10:29:48.625-07:00The saga continues - more problems with scrapyard metal cutting emissions!Hamilton has a growing number of active scrapyards. Environment Hamilton continues to track activities at Hamilton scrap yards because many of them want to or are already using oxypropane metal cutting torches to cut up large pieces of metal. The problem is this - these torches generate significant air emissions if not properly controlled. And, in our experience, there has been a chronic problem in this community (we're talking for many years now) with yards that have failed to properly control these cutters. Emissions generated from cutting include high levels of fine particulate matter (small enough that we inhale it but our lungs have a hard time getting it back out), heavy metals, and various other chemicals. Quite frankly, we at Environment Hamilton have come to conclude that effectively controlling these cutters in an open scrapyard setting is not a viable option. We are pushing for the provincial Ministry of the Environment to require those yards that opt to use these cutters, to use them in indoor facilities with proper pollution control. <br />
<br />
This past holiday weekend provided more support for our point of view. Triple M Metals has a scrap yard located at the very end of Parkdale Avenue North and on the south edge of the Windermere Basin. The company has an air permit from the Ministry of the Environment that includes approval for the use of oxypropane cutting torches. That permit required the company to develop and implement a 'best management practices' protocol to ensure that the air emissions from the cutting torches was minimized. Well, so much for best management practices...... Yesterday (Holiday Monday), I came across this scene as I cycled through Windermere Basin Park in the east end of the city:<br />
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<br />
<br />
We've lodged a formal complaint with the Hamilton District Office of the Ministry of the Environment. Clearly, Triple M is not following best practices. This situation continued on yesterday like this for the 45+ minutes that I was down in the area. We can't tolerate this sort of behaviour in Hamilton! <br />
<br />
Meanwhile, the Ministry of the Environment has explained to us that they have required other yards (including Sunrise Metals - a yard we've reported on already because of their serious cutting emissions) to use a best management practices protocol already in use by another local scrapyard. While the MOE won't confirm this, we know that it's Triple M's protocol they're requiring the other yards to follow. We've asked for a copy of the protocol the MOE is making other yards use, but have been told that the protocol is 'proprietary information'. Hmmm..... we've pointed out that, because MOE is using the protocol for regulatory purposes, the public should be able to obtain and review it. It looks as though we'll need to submit a Freedom of Information request to get a copy - but after what we saw this past weekend, we want to know that much more what the best management practices protocol actually requires. Either it's being blatantly ignored by players like Triple M, or it's far from being a 'best management practices' protocol! <br />
<br />
<b>REMEMBER - If you ever see emissions like this coming from a local scrapyard, take the time to report what you see to the provincial Ministry of the Environment. During regular office hours, call them at (905) 521-7650 or after hours at 1-800-268-6060. Ideally, you'll need to be prepared to provide the name/address of the facility. Taking a photo is always a great idea too! And feel free to contact us here at EH if you see these problems. We can help with documenting and reporting!</b><br />
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<br />Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-22006458281612466352013-07-26T08:56:00.000-07:002013-07-26T08:56:04.847-07:00A stinky summer at Bunge! <div class="MsoNormal">
<span style="font-family: Arial, Helvetica, sans-serif;">Have you noticed the bad odours around the Bunge Plant down
at Burlington and Victoria? We’ve been
talking with residents from the area who are telling us they can’t even open
their windows in this nice, breezy weather because the stink is so bad. If you
live down there and the odour is impacting on your ability to open your windows
or sit out and enjoy your yard, be sure to take the time to call the provincial
Ministry of the Environment and file a formal complaint. Under the provincial Environmental Protection
Act, you have a right to be able to use and enjoy your property without
experiencing ‘adverse impacts’. <br />
<br />
During regular office hours call the Hamilton District Office of the Ministry
of the Environment at <b>(905) 521-7650</b>. After hours call the Spills Action Centre
at <b> 1-800-268-6060</b>. </span></div>
<div class="MsoNormal">
<span style="font-family: Arial, Helvetica, sans-serif;">When you call, be sure to indicate that you would like to
make a formal complaint, tell the officer the source of the odour, and explain
how the odour is impacting on your ability to enjoy your property. <br /></span></div>
<div class="MsoNormal">
<span style="font-family: Arial, Helvetica, sans-serif;">We’ve learned over many years that the squeaky wheel gets
the oil. Call the MOE every time you
experience the odour impacts – and encourage your neighbours to do the
same. </span></div>
<div class="MsoNormal">
<span style="font-family: Arial, Helvetica, sans-serif;"><br />You can also call the company directly with your
concerns. Their telephone number is <b>(905)
527-9121.</b><br /></span></div>
<br />
<div class="MsoNormal">
<span style="font-family: Arial, Helvetica, sans-serif;">Bunge has an Environmental Compliance Approval from the
Ministry, which includes an ‘odour abatement plan’ that they must follow to
prevent odour impacts on their neighbours.
Their permit also requires them
to track and properly respond to community complaints about their
operations. <a href="http://www.environet.ene.gov.on.ca/instruments/9352-8FPQCA-14.pdf">Click here</a> to access the
full text of the company’s permit. </span></div>
Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-70505176485080021182013-07-12T11:02:00.000-07:002013-07-12T11:02:05.353-07:00DustBusters!Have you heard of Environment Hamilton's DustBusters initiative? It's a simple initiative designed to encourage people to report any 'fugitive dust emissions' they see in their neighbourhood. You can read more about how you can become a DustBuster by clicking <a href="http://www.environmenthamilton.org/view/upload/221">here.</a><br /><br />At Environment Hamilton, we look at dust issues as being 'low hanging fruit' from a local air quality point of view. Dust is a problem that can be mitigated with proper management - controlling dust effectively usually does not require high tech pollution control equipment. But the benefits of controlling dust, from a human health point of view are significant. Eliminating fine, respirable dust particles from our local air has huge positive impacts on community health! <br />
<br />
So, the next time you see a dust problem, make sure you take the time to call it in. You might be pleasantly surprised at how quickly you see action. For instance, I spotted the problem below on my ride in to the EH office this morning. This is a classic example of a fugitive dust problem - in this instance, at US Steel's yard off of Burlington Street near Ottawa Street. A quick email to the company with a picture of the problem generated a response indicating that the dusty roadway would be watered down today!<br />
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<br />Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-47016974651423213812013-07-08T18:32:00.001-07:002013-07-12T11:37:27.672-07:00Sunrise Metals - Take Action!Environment Hamilton has learned that, as far back as 2012, the Ministry of the Environment’s (MOE) Hamilton office received community complaints about visible air pollution emissions from the Sunrise Metals scrap yard. In the spring of this year, we started to see the problems too, and filed a formal complaint with the MOE. At the same time that we filed our complaint, we asked staff at the MOE’s Hamilton District Office whether the company had the necessary air permit to be using a metal cutting torch. We waited for over a month, but never received a reply from the District Office, despite sending a follow-up request. <br /><br />But we got the answer to our question when we saw a proposal posted on the provincial Environmental Bill of Rights (EBR) on-line registry (www.ebr.gov.on.ca). The proposal explained that Sunrise was applying for a provincial air permit so that it could use metal cutting torches at its site. The posting also indicated that the public would have until July 15th to comment on the application. The EBR posting confirmed for us that the company was using metal cutting torches –and subsequently generating severe visible air pollution emissions – without an air permit in place.
So we arranged - as is anyone’s right to do when a proposal is on the registry - to review the air permit application file at MOE’s Hamilton office. In that file, we found the company’s application document which included a copy of an MOE order issued to Sunrise in March of this year. The order recognized that the company was required to secure an air permit to use cutting torches, and acknowledged that the company had been cutting without a permit – leaving open the potential for an ‘adverse environmental impact’ which would be in contravention of the provincial Environmental Protection Act. Incredibly enough, the order did not require the company to stop cutting until a permit had been secured! <br /><br />Fast forward to Tuesday, June 18th. At around 8:15 pm, I was cycling home after an evening meeting and decided to take my northerly route from downtown past the industrial core. When I got to Brant Street, along the stretch between Wentworth Street and Sherman Avenue, I wondered whether there was a fire somewhere in the neighbourhood. The air along Brant looked hazy and smoky and there was a strange smell in the air. When I got to Sherman and started to head north toward Burlington Street, I knew what the problem was! There were horrible, rust coloured emissions rising up from the Sunrise Metals yard. The company was obviously cutting metal scrap full out with their cutting torches and putting absolutely no effort into controlling the emissions. Clearly, the MOE approach of allowing the company to cut prior to securing a permit was not working. I documented the situation with a series of photos and reported what I saw to the MOE’s Hamilton District Office the next day. Thankfully, the MOE has since ordered Sunrise to cease all metal cutting in their yard until they secure a permit. But we ended up suffering the impact of cutting that was happening when there is a strong argument to be made that it should not have been allowed.
Now we all have an opportunity to provide input on Sunrise Metal’s air permit application. Environment Hamilton will be preparing a detailed submission and we’re encouraging community members to do the same. If you’re interested in submitting comments, you can do so by visiting the provincial Environmental Bill of Rights (EBR) registry at www.ebr.gov.on.ca . To access the Sunrise Metals proposal, search for EBR post number 011-9270 or search via the facility name – Sunrise Metals. You can provide your comments to the MOE on-line. Here are some suggestions for issues you might consider raising in your comments:
-Sunrise must be required to adequately control the metal cutting emission generated by its cutting torches
-The ideal solution is for the MOE to require the company to cut large metal pieces indoors in a facility with proper pollution control. This is the standard request Environment Hamilton has been making on every scrap yard’s application for an air permit.
-MOE should not be permitting these yards to continue to cut while they wait for their air permits to be approved.
-MOE should be requiring all scrap yards in the province that are using cutting torches to cut large metal pieces, to apply for air permits.
If you are planning to prepare comments but would some additional guidance, feel free to contact me at the Environment Hamilton office at (905) 549-0900.
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Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com2tag:blogger.com,1999:blog-3765880438124477956.post-35989350289060593022013-06-27T13:07:00.002-07:002013-06-27T13:07:15.323-07:00Statement from ArcelorMittal's Executive Team to Employees RE: No. 1 Coke Plant Shut DownJune 27, 2013
Colleagues,
After more than two years of studying our coke needs as well as the performance and life expectancy of our current cokemaking assets, we are writing to inform you that we will be phasing out our No. 1 Coke Plant. We anticipate this transition to be complete by March 2015.
We have held meetings with all of the employees in this area and we will be working with our permanent employees for re-assignment to another position within the company. In addition, we will also work with our casual employees to match skills and performance to additional openings that may become available.
Our cokemaking teams do an outstanding job in operating and maintaining our coke assets and are often consulted for their experience and expertise by cokemakers around the world. As a result of the efforts and skill of our cokemaking operations, maintenance and technology teams, No. 1 Coke Plant has been in operation for 62 years. In addition, our No. 2 and No. 3 facilities recently scored at the top of the group after an onsite audit and our team has been cited for benchmark operational practices around the ArcelorMittal Group and in the industry.
To ensure a stable and secure supply of coke for our primary operations, ArcelorMittal Dofasco will now be responsible for managing an ArcelorMittal cokemaking facility in Monessen, Pennsylvania. This facility was rebuilt in 1980 and is capable of producing 360,000 tons of coke per year. Over the coming months our purchasing teams will look for ways to optimize transportation and logistics for our coke supply.
Between now and March 2015, we will continue to make coke at all of our facilities, and our repair and maintenance teams will continue to service the No. 1 plant batteries and ovens. Our maintenance investment in the plant will continue until it is phased out, which is approximately $10 million each year to ensure it maintains performance.
Should you have any questions, please contact your business unit manager or area General Manager.
Best Regards,
Executive TeamClear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-29206278642608214502013-06-24T10:14:00.000-07:002013-06-24T10:14:57.749-07:00KUDOS to ArcelorMittal Dofasco!On Friday, I posted some video footage showing pretty horrible emissions coming from one of ArcelorMittal's steel coil forklifts. The problem was serious enough that the company's coil yard fronting on to Burlington Street was a hazy mess of emissions. The company's General Manager of Environment, Jim Stirling told me he would look into the problem. A ride past this am confirmed that the problem has been resolved. Nice job ArcelorMittal - thanks for taking swift action on this problem. Hopefully timely maintenance of equipement like this forklift will prevent these kinds of issues in the future.
<b>WHAT YOU CAN DO</b>
This positive outcome proves that, as community members, we can have an impact. If you ever see a problem at ArcelorMittal or any other local industrial facility, be sure to take the time to observe, document and report the problem.
In order to report issues to ArcelorMittal Dofasco you can call (905) 544-3761 or email environment.dofasco@arcelormittal.com.
Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-73051094403178176942013-06-21T13:38:00.001-07:002013-06-21T13:38:42.576-07:00<div class="separator" style="clear: both; text-align: center;">
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Where is Drive Clean when you need it? Riding in to work today, I passed by ArcelorMittal along Burlington Street when I stumbled upon this scene:<br />
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It's a coil forklift that clearly has some serious exhaust emission problems. I watched as, every five minutes or so, the lift would circulate through the coil yard facing on to Burlington Street. Sorry - I don't mean to beat up on ArcelorMittal all of the time but, honestly, why did no one in the plant take action to eliminate this problem? There are enough serious emission problems at the plant as is. Why not solve the solvable ones? I did email the plant's environmental office and they have indicated that they will look in to the problem. Fingers crossed they resolve it quickly - and help us to clear the air!<br />
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<br />Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-42452881603054767992013-06-13T18:20:00.001-07:002013-06-13T18:20:42.551-07:00ArcelorMittal Dofasco's Meltshop still has emission problems<span style="font-family: Trebuchet MS, sans-serif;">We posted a number of visible pollution emission complaints to the Hamilton District Office of the Ministry of the Environment yesterday (June 12th) and the day before. In all cases, the source of the emissions was ArcelorMittal Dofasco.</span><br />
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<span style="font-family: Trebuchet MS, sans-serif;">The first emission source - a chronic problem at the plant - is the company's Basic Oxygen Furnace or 'Meltshop'. In this part of the plant, the company mixes molten iron with scrap metal to make steel. But the facility has had an on-going problem with visible emissions from the 'hood' of the meltshop. The meltshop was recently shut down for a week to undergo some repairs. But the repairs, while they've reduced the emissions, have not resolved the problem. The company tells us that they are reviewing the need for additional actions. We've asked that they keep us posted on what they identify and any plans to take additional actions.</span><br />
<span style="font-family: Trebuchet MS, sans-serif;"><br /></span><span style="font-family: 'Trebuchet MS', sans-serif; line-height: 18px;">We reported 4 visible pollution emission incidents from the meltshop </span><i style="font-family: 'Trebuchet MS', sans-serif; line-height: 18px;">yesterday alone</i><span style="font-family: 'Trebuchet MS', sans-serif; line-height: 18px;">. Here are some shots of what we saw:</span><br />
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<!--[endif]--></span>Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0tag:blogger.com,1999:blog-3765880438124477956.post-82439964563258196712013-06-13T10:14:00.001-07:002013-06-13T18:20:08.689-07:00Welcome to Clear The Air Hamilton!Welcome to Clear The Air Hamilton! Environment Hamilton has been doing a great deal of work over many years advocating on behalf of Hamiltonians to see serious industrial air pollution emissions resolved. Clear The Air Hamilton will serve as an on-going communication tool for us to share these efforts with the community. We hope this blog also encourages Hamiltonians to get involved with our efforts. Much of what we do depends on a willingness to watch for problems, to document them and to report them to provincial environmental regulators. In this age of digital cameras, documenting is easy. We'll post helpful information regarding how you can go about reporting what you see to regulatory authorities and to the industries themselves. And we'll also make a point of sharing details when we document and report industrial pollution problems. Clear the Air Hamiltonhttp://www.blogger.com/profile/08072196182405207825noreply@blogger.com0