Screening Process for Waste Projects under the Environmental Assessment Act
| In 2008, the ECO undertook an analysis of emerging challenges facing the Environmental Assessment Act. The following articles are included: | |
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Background
In March 2007, MOE filed a new regulation – the Waste Management Projects regulation (O. Reg. 101/07), under the EAA – as well as an incorporated guide, which together establish a simplified assessment process for certain types of waste disposal projects in Ontario. The new process, called the Environmental Screening Process for Waste Management Projects (the “Screening Process”), is intended to provide a faster, easier and more predictable assessment process for some waste projects than the full EA. (Please also see 2007 Review of Posted Decision on Waste Management Projects Regulation for a more detailed discussion.)
Proponents under the Screening Process are required to screen their proposed projects for potential negative environmental effects, conduct studies, and develop mitigation measures. However, proponents are not required to consider the “need” for the project or to consider potential “alternatives” (including alternatives to the project type, the technologies employed or the location selected).
Proponents are required to notify the public of their Screening Process, as well as engage in two additional phases of public consultation. However, they are allowed to use their discretion in determining the method of consultation. Proponents are also required to consult with the affected government agencies (including MOE) during the Screening Process, but the government is not required to provide any comments or advice to the proponents.
At the end of the Screening Process, the proponents must publish an Environmental Screening Report. At this point, members of the public may submit a request to the MOE Director to have the project elevated to an individual EA. Only if an elevation request is made, is the ministry required to review the Screening Report. Moreover, there is no requirement for the government to either approve or reject the Screening Report, nor is there any requirement for the ministry to monitor the proponents’ compliance with these reports.
Because of its lower level of scrutiny, the Screening Process is intended to be used only for projects that have “predictable environmental effects that can be readily mitigated.” However, the Waste Management Projects Regulation designates a number of waste disposal projects as subject to the Screening Process that were previously subject to the full EA requirements under the EAA, and thus previously deemed to be “major projects with the potential for signifcant environmental ef- fects.” For example, proponents of mid-size municipal landflls (with a capacity between 40,000 m3 and 100,000 m3 ), most energy-from-waste (EFW) facilities, and small incinerators that do not produce energy – which were all previously required to conduct a full EA – are now eligible to conduct the Screening Process instead.
ECO Comment
MOE has not provided any science-based rationale to support the government’s decision to change the EA treatment for many waste projects. Nor has the government finalized a provincial waste management policy to support its decisions to favour certain types of waste management projects and ‘fast track’ them under the simpler Screening Process. Many commenters on the proposed regulation noted that the policy decisions implemented in the regulation – such as the preference for EFWs and smaller landfills over other types of incinerators and larger landfills – remain unsupported by transparent and credible policy rationales. Most of these commenters were strongly opposed to the direction taken in this regulation.
In addition, since both public and private sector prescribed waste management projects undergoing the Screening Process will be proceeding in accordance with an EAA designation and exemption, all approvals related to these projects (such as Certifcates of Approval for air emissions) – which would otherwise be subject to public notice, comment and appeals rights under the Environmental Bill of Rights (EBR) – will now be exempt from the EBR public consultation requirements. Given that projects under the Screening Process are only subject to minimal consultation requirements, the effect of the EBR exemption is a serious loss of transparency and public participation and appeal rights for approvals related to waste management projects.
The ECO recognizes that providing a streamlined EA process for a group of similar projects is appropriate in some cases. However, there should be an adequate policy framework (which is subject to public consultation and debate) to provide the context and support for the development of such a streamlined process. In this case, the government did not develop the necessary framework to support the streamlined Screening Process. An appropriate framework should include a provincial waste management strategy that clearly sets out the actual need for waste disposal capacity in the province and the province’s preferences for different types of waste projects, as well as sound scientific information regarding the environmental impacts of the different waste options.
Without such a policy framework developed in consultation with the public, the ECO believes that it was premature for the government to develop a new Screening Process that promotes certain types of waste facilities, and eliminates the requirement to assess “need” and “alternatives.” The waste sector Screening Process retains only a few vestiges of the spirit and intent of the EAA, even though it is being used as a proxy for the full EA process. There is no requirement to consider “need” or “alternatives”; there is no requirement for formal approval; and a recommendation in the guide directs proponents to seek other project approvals while conducting the Screening Process. Based on these shortcomings, the Screening Process appears to be just another means of planning out the details of the proposed project, rather than a comprehensive assessment of if (and how) a project should proceed – as intended by the EAA.
| 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. "Screening Process for Waste Projects under the EAA." Getting to K(No)w, ECO Annual Report, 2007-08. Toronto, ON : Environmental Commissioner of Ontario. 40-41.
