Burning of Used Oil in Space Heaters is Banned in Southern Ontario
In January 2007, the Ministry of the Environment (MOE) announced that, effective June 1, 2009, a ban on burning used oil in space heaters in southern Ontario would take effect. According to MOE, the ban will “protect health, improve air quality, [and] encourage recycling.” Many of the affected facilities are auto repair shops and auto and truck dealers that burn oil obtained from vehicular oil changes as an inexpensive and convenient means of heating their facilities and disposing of their used oil. As a result of the ban, MOE anticipates that affected facilities will send their used oil to be re-refined, a process that produces high quality oil products that can be repeatedly re-used.
Prior to this ban, about 500 facilities located in highly urbanized southern Ontario had obtained approvals from MOE to burn an aggregate of about seven million litres of used oil annually. MOE contends that, in the absence of a ban, the volume of used oil burned in space heaters could triple as heating costs continue to increase. Since space heaters operate without emission controls and at temperatures that are too low to completely combust certain contaminants, significant increases in the volume of used oil burned would also result in significant increases in the greenhouse gases and other contaminants, such as arsenic, lead, sulphur, polycyclic aromatic hydrocarbons (PAHs) and particulates, being released to the air.
The ban takes the form of an amendment to the General - Waste Management regulation (Reg. 347, R.R.O. 1990), under the Environmental Protection Act (EPA). The ban applies to only those combustion units that are used to heat enclosed areas for the comfort of humans or to provide a suitable temperature for materials, including plants and animals. The ban does not apply in northern Ontario where, according to MOE, used oil collection services are limited.
Managing Used Oil
Almost 80 per cent of the 215 million litres of used oil generated annually in Ontario is collected, one of the highest collection rates in the world. Some of the collected used oil is burned in cement kilns that have prescribed pollution controls in place. Approximately 75 million litres is re-refined by Safety-Kleen in Breslau, Ontario, and another 75 million litres are exported each year. An unknown amount is dumped illegally, polluting our soil and water.
With this ban, an additional seven million litres of used oil should be available for re-refining, for burning in facilities with pollution controls, or for export. However, the environmental benefits of this ban are difficult to estimate. The net reduction in emissions of greenhouse gases and contaminants will depend on which replacement heating option affected facilities choose and whether or not they send their used oil to a re-refiner, to be burned in a facility with adequate pollution controls, or for export.
Public Participation & EBR Process
MOE received 117 comments in support of the proposed ban. Many members of the public were concerned that emissions from space heaters would cause cancer, and damage respiratory and reproductive systems. Several commenters suggested that the ban be extended to northern Ontario, noting that northerners deserved the same level of environmental protection as southerners. Two industry representatives advised that they collect used oil in parts of northern Ontario. Since about half of the used oil generated in Ontario is not tracked, some commenters suggested that Reg. 347 be amended to eliminate the loophole that allows some haulers of used oil to operate without complying with the regulation’s manifest requirements for reporting waste shipments.
MOE also received 441 comments from stakeholders opposing the ban; many were concerned that the motivation for the ban was political and not based on science, and that their heating costs will increase since alternative heating options are more expensive. Many stakeholders complained that they had not been consulted prior to MOE announcing the ban.
ECO Comment
This ban was long overdue and should send a signal to used oil generators that the provincial government considers re-refining the most appropriate approach to managing used oil and that burning it in space heaters is not an acceptable option.
However, the ECO is troubled by MOE’s failure to provide verifiable evidence to counter stakeholder concerns that the ban was political, not scientific, and by confusion over MOE’s statements of the environmental benefits. Since affected facilities are not required to send their used oil to be re-refined, some of the anticipated benefits may not be achieved, and because of the reporting loophole in Reg. 347, we still won’t know how much used oil is being collected from affected facilities, nor will we know whether it’s being managed appropriately or being dumped illegally. The ECO urges MOE to address the regulatory loophole and to develop an education program that encourages the re-refining of used oil over other management options.
In addition, MOE did not provide any scientific justification to support its decision to exempt northern Ontario from the ban. The ECO urges MOE to determine if the ban could be extended to larger municipalities in northern Ontario, to include at least those where collection services currently exist.
Lastly, MOE’s handling of stakeholder consultation was clumsy, meeting with them only after the ban was announced and giving some stakeholders only days to respond. MOE then repaired some of the damage by extending the deadline for comments. The ECO notes that the minimum consultation requirements defined in the EBR are not intended to replace appropriate stakeholder consultation. (For the full text of the ECO’s comments on this decision, refer to 2007 Review of decision to ban burning of used oil in space heaters.)
| This is an article from the 2007/08 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2008. "Burning of Used Oil in Space Heaters is Banned in Southern Ontario." Getting to K(No)w, ECO Annual Report, 2007-08. Toronto, ON : Environmental Commissioner of Ontario. 118-120.
