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