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HomeMy WebLinkAbout2024-10-04 Electronic Council Communications Information Package Date:October 4, 2024 Time:12:00 PM Location:ECCIP is an information package and not a meeting. Description: An ECCIP is an electronic package containing correspondence received by Staff for Council's information. This is not a meeting of Council or Committee. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Members of Council: In accordance with the Procedural By-law, please advise the Municipal Clerk at clerks@clarington.net, if you would like to include one of these items on the next regular agenda of the appropriate Standing Committee, along with the proposed resolution for disposition of the matter. Items will be added to the agenda if the Municipal Clerk is advised by Wednesday at noon the week prior to the appropriate meeting, otherwise the item will be included on the agenda for the next regularly scheduled meeting of the applicable Committee. Members of the Public: can speak to an ECCIP item as a delegation. If you would like to be a delegation at a meeting, please visit the Clarington website. Pages 1.Region of Durham Correspondence 2.Durham Municipalities Correspondence 2.1 Township of Brock - Rideshare Services - October 1, 2024 3 3.Other Municipalities Correspondence 3.1 Municipality of St. Charles - Support Recommendations for Government Regulation of Nicotine Pouches - August 14, 2024 5 3.2 City of Temiskaming Shores - Alcohol Sales and Provincial Alcohol Strategy - September 17, 2024 13 4.Provincial / Federal Government and their Agency Correspondence 5.Miscellaneous Correspondence 5.1 Wendy Bracken - Presentation to Region of Durham Works Committee regarding Durham Report #2024-INFO-55 - DYEC 2024 Spring Compliance Source Test Report - October 2, 2024 15 5.2 Wendy Bracken - Presentation to Region of Durham Works Committee regarding Memorandum on AMESA Sampling Q1 2024 - Quarterly (Q1- 2024) Long-term Sampling System Report - October 2, 2024 32 5.3 Linda Gasser - Presentation to Region of Durham Works Committee regarding Report 2024 INFO 55 Spring 2024 DYEC Stack Test - October 2, 2024 50 5.4 Linda Gasser - Presentation to Region of Durham Works Committee regarding Quarter 1 2024 AMESA Staff Memo - October 2, 2024 58 October 4, 2024 Electronic Council Communications Information Package (ECCIP) Page 2 If this information is required in an accessible format, please contact the Township at 705-432-2355. The Corporation of The Township of Brock 1 Cameron St. E., P.O. Box 10 Cannington, ON L0E 1E0 705-432-2355 October 1, 2024 The Honourable Doug Ford Premier of Ontario Sent via email: premier@ontario.ca Re: Rideshare Services Please be advised that Council adopted the following resolution at their Council meeting held on September 23, 2024: C-2024-226 “Whereas, the Township of Brock faces challenges related to limited access to transportation, and there exists a pressing need for a ride-sharing service to address transportation gaps within our community; and Whereas Rideshare services are increasingly relied upon by seniors, students, visitors and tourists, and residents looking for safe, affordable, convenient, and reliable ways to travel; and Whereas, the standardization and consistency of regulations across municipalities, particularly in Ontario, can improve the efficiency and effectiveness of the regulatory framework; and Whereas, transferring the responsibility of ride-share regulations and licensing to the provincial level would contribute to a more streamlined and uniform governance structure, while eliminating associated red tape and unnecessary administrative costs; Therefore, Be It Resolved that the Township of Brock Council hereby expresses its support for the migration of ride-share regulations and licensing from the municipal level to the provincial level; Be It Further Resolved that the Township of Brock Council formally requests the Government of Ontario to initiate the transfer of responsibilities in the interest of creating a more coherent and standardized regulatory framework for ride-sharing services across the province; Be It Further Resolved that copies of this motion be distributed to the Honourable Doug Ford, Premier of Ontario; the Honourable Prabmeet Sarkaria, Minister of Transportation; the Honourable Paul Calandra, Minister of Municipal Affairs and Housing; the Honourable Laurie Scott, Member of Provincial Parliament for Haliburton-Kawartha Lakes-Brock; the Association of Municipalities of Ontario (AMO); the Region of Durham; all Durham Region lower-tier municipalities, and all Ontario municipalities.” Page 3 Should you have any questions or concerns please do not hesitate to contact Clerks@Brock.ca. Yours truly, THE TOWNSHIP OF BROCK Maralee Drake Deputy Clerk MD:dh cc. Hon. Prabmeet Sarkaria, Minister of Transportation – minister.mto@ontario.ca Hon. Paul Calandra, Minister of Municipal Affairs & Housing – minister.mah@ontario.ca Laurie Scott, MPP Haliburton-Kawartha Lakes-Brock - laurie.scott@pc.ola.org Robin Jones, President, AMO - amopresident@amo.on.ca Durham Region municipalities All Ontario municipalities Page 4 ollLq The Corporation of the Municipalityof St. Charles- RESOLUTION PAGE Regular Meetng of Gouncil Agenda Number: 7.4. Resolution Number 2024-325 Title: Resolution stemmi Correspondence # Date: August 14,2024 ng from May 15,2024 Regular Meeting of Council - ltem 10.1 - 12 Moved by: Seconded by: Councillor Loftus Councillor Laframboise BE lT RESOLVED THAT Council for the Corporation of the Municipality of St.-Charles hereby supports Resof ution #26-24 passed by Public Health Sudbury and Districts, regarding recommendations for Govemment Regulations of nicotine pouches; AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be sent to the Premier of Ontario, Doug Ford; the Deputy Premier and Minister of Health, Sylvia Jones; our local member of Provincial Parliament (MPP); the Association of Municipalities of Ontario (AMO); the Public Health Sudbury & Districts; and all Ontario Municipalities. CARRIED Page 5 April 22, 2024 VIA ELECTRONIC MAIL The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 Dear Premier Ford: Re: Recommendations for Government Regulation of Nicotine Pouches In July 2023, Health Canada gave approval to Imperial Tobacco Canada to sell Zonnic under the Natural Health Product Regulations as a Nicotine Replacement Therapy (NRT) product. Consequently, Zonnic is sold under the Health Canada approval without adhering to the restrictions of the Federal Tobacco and Vaping Products Act, 1997 and the Smoke-Free Ontario Act, 2017. Since this time, nicotine pouches have become widely available to youth. These flavoured pouches can be legally purchased by those under 18 years of age in Ontario. The unrestricted sale, display, and promotion of nicotine pouches contribute to accessibility, normalization, and potential health hazards. Nicotine is highly addictive and its use, in any form, is unsafe for children1 and youth2. Exposure to nicotine can have adverse effects on the developing brains of children and youth and increases the likelihood of initiation and long-term use of tobacco2. In March 2024, Public Health Sudbury & Districts released an advisory alert to local health system partners sharing concerns related to nicotine pouches. Additionally, letters were sent to education directors, educators, and parents to increase awareness of the availability and risks of nicotine pouches to children and youth. At its meeting on April 18, 2024, the Board of Health for Public Health Sudbury & Districts took further action and carried the following resolution #26-24: Page 6 The Honourable Doug Ford April 22, 2024 Page 2 WHEREAS Health Canada approved nicotine pouches for sale under the Natural Health Product regulations providing no restrictions on advertising or sale to children and youth; and WHEREAS the unrestricted sale, display, and promotion of nicotine pouches contribute to their accessibility, the normalization of nicotine use, and potential health hazards; and WHEREAS nicotine is highly addictive and its use, in any form, is unsafe for children and youth; and WHEREAS exposure to nicotine can have adverse effects on the developing brains of adolescents and young adults and increases the likelihood of initiation and long-term use of tobacco products; and WHEREAS the emergence of nicotine pouch products occurred rapidly without requiring adherence to the restrictions of the federal Tobacco and Vaping Products Act, 1997, and the Smoke-Free Ontario Act, 2017; and THEREFORE BE IT RESOLVED THAT the Board of Health for Public Health Sudbury & Districts strongly encourage Health Canada to take immediate action to close the regulatory gap that permits the sale of nicotine pouches to youth under 18 years of age; and FURTHER THAT the Board of Health urge Health Canada to strengthen regulations to restrict the sale of new and emerging tobacco and nicotine products, ensuring that nicotine availability to children and youth never occur again; and FURTHER THAT the Board of Health for Public Health Sudbury & Districts strongly encourage the Government of Ontario to exclusively sell nicotine pouches from behind pharmacy counters, limit their display in retail settings, and restrict their promotion, especially to youth; and FURTHER THAT the Government of Ontario expand the Smoke-Free Ontario Strategy to create a comprehensive, coherent public health-oriented framework for the regulation of vaping and all nicotine-containing products. We strongly encourage the Government of Ontario to follow immediately the Government of British Columbia and the Government of Québec to exclusively sell nicotine pouches in pharmacies, specifically behind the counter. This decision reduces product availability, restricts their promotion, and limits their display in retail settings. Until tighter restrictions of nicotine pouches are implemented, the widely available and accessible product will continue to expose children and youth to nicotine. The Board of Health for Public Health Sudbury & Districts strongly encourages the Government of Ontario to expand the Smoke-Free Ontario Strategy to create a comprehensive, coherent public health-oriented framework for the regulation of vaping and all nicotine-containing products. Page 7 The Honourable Doug Ford April 22, 2024 Page 3 We thank you for your speedy attention to this important issue, and we continue to look forward to opportunities to work together to promote and protect the health of Ontarians. Sincerely, René Lapierre Chair, Board of Health M. Mustafa Hirji, MD, MPH, FRCPC Acting Medical Officer of Health and Chief Executive Officer cc: Honourable Mark Holland, Minister of Health of Canada Honourable Sylvia Jones, Deputy Premier and Minister of Health Honourable Ya’ara Saks, Canada’s Minister of Mental Health and Addictions and Associate Minister of Health Honourable Michael Parsa, Minister of Children, Community and Social Services Yasir Naqvi, Parliamentary Secretary to the Minister of Health, Honorable Mark Holland Dr. Kieran Moore, Chief Medical Officer of Health of Ontario France Gélinas, Member of Provincial Parliament, Nickel Belt Jamie West, Member of Provincial Parliament, Sudbury Michael Mantha, Member of Provincial Parliament, Algoma-Manitoulin Viviane Lapointe, Member of Parliament, Sudbury All Ontario Boards of Health Association of Local Public Health Agencies 1 U.S. Department of Health and Human Services. (2014). “The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General.” https://www.ncbi.nlm.nih.gov/books/NBK294308/#ch5.s2 2 National Center for Chronic Disease Prevention and Health Promotion (US) Office on Smoking and Health. (2016). “E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General.” Retrieved on January 30, 2024 from www.cdc.gov/tobacco/sgr/ecigarettes/pdfs/2016_sgr_entire_report_508.pdf. Page 8 April 22, 2024 VIA ELECTRONIC MAIL The Honourable Mark Holland Minister of Health of Canada House of Commons Ottawa, Ontario K1A 0A6 Dear Minister Holland: Re: Recommendations for Government Regulation of Nicotine Pouches In July 2023, Health Canada gave approval to Imperial Tobacco Canada to sell Zonnic under the Natural Health Product Regulations as a Nicotine Replacement Therapy (NRT) product. Consequently, Zonnic is sold under the Health Canada approval without adhering to the restrictions of the Federal Tobacco and Vaping Products Act, 1997 and the Smoke-Free Ontario Act, 2017. Since this time, nicotine pouches have become widely available to youth. These flavoured pouches can be legally purchased by those under 18 years of age in Ontario. The unrestricted sale, display, and promotion of nicotine pouches contribute to accessibility, normalization, and potential health hazards. Nicotine is highly addictive and its use, in any form, is unsafe for children1 and youth2. Exposure to nicotine can have adverse effects on the developing brains of children and youth and increases the likelihood of initiation and long-term use of tobacco products2. In March 2024, Public Health Sudbury & Districts released an advisory alert to local health system partners sharing concerns related to nicotine pouches. Additionally, letters were sent to education directors, educators, and parents to increase awareness of the availability and risks of nicotine pouches to children and youth. At its meeting on April 18, 2024, the Board of Health for Public Health Sudbury & Districts took further action and carried the following resolution #26-24: WHEREAS Health Canada approved nicotine pouches for sale under Page 9 The Honourable Mark Holland April 22, 2024 Page 2 the Natural Health Product regulations providing no restrictions on advertising or sale to children and youth; and WHEREAS the unrestricted sale, display, and promotion of nicotine pouches contribute to their accessibility, the normalization of nicotine use, and potential health hazards; and WHEREAS nicotine is highly addictive and its use, in any form, is unsafe for children and youth; and WHEREAS exposure to nicotine can have adverse effects on the developing brains of adolescents and young adults and increases the likelihood of initiation and long-term use of tobacco products; and WHEREAS the emergence of nicotine pouch products occurred rapidly without requiring adherence to the restrictions of the federal Tobacco and Vaping Products Act, 1997, and the Smoke-Free Ontario Act, 2017; and THEREFORE BE IT RESOLVED THAT the Board of Health for Public Health Sudbury & Districts strongly encourage Health Canada to take immediate action to close the regulatory gap that permits the sale of nicotine pouches to youth under 18 years of age; and FURTHER THAT the Board of Health urge Health Canada to strengthen regulations to restrict the sale of new and emerging tobacco and nicotine products, ensuring that nicotine availability to children and youth never occur again; and FURTHER THAT the Board of Health for Public Health Sudbury & Districts strongly encourage the Government of Ontario to exclusively sell nicotine pouches from behind pharmacy counters, limit their display in retail settings, and restrict their promotion, especially to youth; and FURTHER THAT the Government of Ontario expand the Smoke-Free Ontario Strategy to create a comprehensive, coherent public health-oriented framework for the regulation of vaping and all nicotine-containing products. We applaud your pledge to take action to review the approval process for flavoured nicotine sales and advertising. We acknowledge the advisory Health Canada issued in March stating nicotine pouches should be used for nicotine replacement therapy in adults and the emphasis on keeping them out of reach of children and youth. However, only until tighter restrictions of nicotine pouches are implemented, the widely available and accessible product will continue to expose children and youth to nicotine. The Board of Health for Public Health Sudbury & Districts strongly encourages the federal government to take immediate action to close the regulatory gap by restricting the sale of nicotine pouches to those under 18 years of age. We also support Health Canada in their assertion to halt the legal purchasing loophole and ensure that nicotine availability to children and youth never occurs with new and emerging products. Page 10 The Honourable Mark Holland April 22, 2024 Page 3 We thank you for your attention to this important issue, and we continue to look forward to opportunities to work together to promote and protect the health of Canadians. Sincerely, René Lapierre Chair, Board of Health M. Mustafa Hirji, MD, MPH, FRCPC Acting Medical Officer of Health and Chief Executive Officer cc: Honourable Doug Ford, Premier of Ontario Honourable Sylvia Jones, Deputy Premier and Minister of Health Honourable Ya’ara Saks, Canada’s Minister of Mental Health and Addictions and Associate Minister of Health Honourable Michael Parsa, Minister of Children, Community and Social Services Yasir Naqvi, Parliamentary Secretary to the Minister of Health, Honorable Mark Holland Dr. Kieran Moore, Chief Medical Officer of Health of Ontario France Gélinas, Member of Provincial Parliament, Nickel Belt Jamie West, Member of Provincial Parliament, Sudbury Michael Mantha, Member of Provincial Parliament, Algoma-Manitoulin Viviane Lapointe, Member of Parliament, Sudbury All Ontario Boards of Health Association of Local Public Health Agencies 1 U.S. Department of Health and Human Services. (2014). “The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General.” https://www.ncbi.nlm.nih.gov/books/NBK294308/#ch5.s2 2 National Center for Chronic Disease Prevention and Health Promotion (US) Office on Smoking and Health. (2016). “E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General.” Page 11 The Honourable Mark Holland April 22, 2024 Page 4 Retrieved on January 30, 2024 from www.cdc.gov/tobacco/sgr/ecigarettes/pdfs/2016_sgr_entire_report_508.pdf. Page 12 Page 1 of 2 The Corporation of the City of Temiskaming Shores Regular Council Meeting Tuesday, September 17, 2024 Resolution Provincial decision regarding alcohol sales in convenience stores and locations that sell fuel to drivers, and the development of a comprehensive provincial alcohol strategy Resolution No. 2024-332 Moved by: Councillor Whalen Seconded by: Councillor Wilson Whereas excessive consumption of alcohol has a negative impact on many communities because of detrimental health effects, road safety, and other harms; and Whereas the number of cases of individuals driving under the influence are increasing in Ontario, and the Timiskaming District has recently seen its highest rate ever for impaired driving infractions with 10 in April of 2024; and Whereas jurisdictions with broader access to alcohol have higher rates of driving under the influence and crashes associated with alcohol; and Whereas alcohol causes at least seven types of cancer and is a risk factor for, disease, disability and premature death, and is a direct cause of 4,300 deaths and 195,000 emergency department visits per year in Ontario; and Whereas alcohol related emergency department visits increased 18 percent after the introduction of alcohol sales in grocery stores in Ontario; and Whereas 35 percent of youth in grades 10 and 11 in the Timiskaming District have indicated that they consumed alcohol at 13 years or younger; and Whereas 49 percent of youth in grades 10 and 11 in the Timiskaming District have been drunk at least once in their life; and Whereas alcohol related harms cost the Ontario economy 7 billion dollars a year; and Whereas alcohol is a factor in many domestic, sexual and physical assaults in Ontario; and Page 13 Page 2 of 2 Whereas most tax revenue generated by the sale of alcohol goes to the province yet the costs and harms that are alcohol related are borne by the municipalities in the form of policing and social services and public health costs. Therefore be it resolved that Council for the City of Temiskaming Shores requests the Government of Ontario reverse their decision to allow alcohol to be sold in more locations and implement the following recommendations: 1. Permit municipalities to opt out of retail alcohol expansion; 2. Grant municipalities the powers to use zoning to determine where new alcohol retail locations are acceptable; 3. Not permit alcohol sales within 150 m of schools, daycares, or substance use facilities; 4. Prohibit the sale of Alcohol at gas stations; 5. Require health warning labels on all alcohol containers; 6. Dedicate a portion of provincial alcohol revenue to addressing alcohol related harms; and 7. Develop and implement a comprehensive provincial alcohol strategy, in partnership with municipalities, that prioritizes health and safety and considers the costs associated with alcohol consumption. Further that a copy of this resolution be provided to the Honourable Doug Ford, Premier of Ontario; the Honourable Sylvia Jones, Deputy Premier and Minister of Health; the Honourable Doug Downey, Attorney General; the Honourable Prabmeet Sarkaria, Minister of Transportation; John Vanthof, MPP Timiskaming Cochrane; AMO; FONOM; ROMA; Temiskaming Municipal Association (TMA); Timiskaming Health Unit (Planet Youth Timiskaming); Temiskaming Shores OPP Detachment Board; and all Ontario Municipalities. Carried Certified True Copy City of Temiskaming Shores Logan Belanger Municipal Clerk Page 14 Delegation to Works Committee October 2nd, 2024 W. Bracken Durham Report #2024-INFO-55 DYEC 2024 Spring Compliance Source Test Report 1Page 15 Pay Careful Attention to Statements Made in Reports and Qualifiers in them such as “during the stack test period” https://pub-durhamregion.escribemeetings.com/filestream.ashx?DocumentId=5007 •Durham INFO-55 does not identify any issues with the Spring Source Testing event •ORTECH summary (Attachment 1 to INFO-55, see page 9/42 of compiled pdf) states : “The facility was maintained within the operational parameters defined by the amended ECA that constitutes normal operation during the stack test periods” (emphasis added) “stack test period” =(start to stop sampling) + (sampling resumption to end) Dioxin emissions during “pause” period discharged BUT NOT INCLUDED 2Page 16 Durham Report INFO-55 Makes No Mention of any problems BUT… STACK TESTING ISSUES are identified in STANTEC Oversight Report dated August 15, 2024 for the DIOXIN/FURAN Test Excerpt below from STANTEC, Oversight of Air Emissions Source Testing at DYEC (Spring 2024), p. 2, (see Attachment 2 to INFO-55 which in turn is on page 16/42 of CIP document, page 29 of Works Agenda) “A second issue developed during the repeat test as steam production on Boiler 2 started to decline…, the sampling was halted at 11:52 AM. Feedstock with a high moisture content was suspected to be the cause of the declining steam production. Sampling resumed at 12:08 PM…” 3Page 17 Critical to Understand: •Dioxin/Furan emissions during that problematic approximately 20-minute period were exhausted to our air, but were not collected and reported out for the Source Test. •Dioxin/Furan emissions can be as much as 1000 times higher during other-than-normal operating conditions (OTNOC) 4Page 18 DYEC Emits Thousands of Pollutants BUT Just a Handful (below) are Monitored At Stack Continuously1 DYEC Continuous Emissions Monitors (CEMS) continuously monitor at stack: •nitrogen oxides (NOx) •sulphur dioxide (SO2), •hydrochloric acid (HCl) •hydrogen fluoride (HF) •ammonia (NH3) At economizer (before pollution control) DYEC continuously measures oxygen (O2), carbon monoxide (CO), organic matter (THC) Opacity, temperature and moisture parameters also continuously monitored. 5Page 19 MOST Pollutants (including the most toxic) are Stack Tested Less Than ½% of Annual Operating Time through Pre-Arranged Stack Tests conducted under Optimal Operating Conditions OR are Not Monitored AT ALL2,3 STACK (SOURCE) TESTED: 6Page 20 STANTEC Oversight Report (Attachment 2) states Auditing Process involved “…eliminating data that may have been influenced by calibration or purging events that took place during this time.” STANTEC, Oversight of Air Emissions Source Testing at DYEC (Spring 2024), August 15, 2024, p. 2 (found on page 29 of Works Agenda) 7Page 21 Boiler 1 Temp below ECA Performance Requirement 6.(2) Boiler 2 Steam Production below Criteria Was Temperature, Other CEMs Data During Problematic Period Even Included? Excerpt below from STANTEC, Oversight of Air Emissions Source Testing at DYEC (Spring 2024), Table 1, p. 2 (see page 29 of Works Agenda) 8Page 22 ECA Section 6 PERFORMANCE REQUIRMENTS Excerpt below found on page 23 of the ECA (June 2011) found at: https://www.durhamyorkwaste.ca/en/facility- approvals/resources/Documents/EnvironmentalComplianceApproval.pdf •ECA (Section 6.(2)) requires that DYEC “shall reach a minimum of 1000 degrees Celsius (℃) for one second, prior to introduction of the Waste into the combustion chamber of the Boiler during the start-up, and thereafter maintained during the entire thermal treatment cycle and subsequent shutdown until all Waste combustion is completed” and that the facility shall achieve the temperature and other requirements “over the complete range of operating parameters, including feed rate, feed characteristics, combustion air, flue gas flow rate and heating losses” (emphasis added) 9Page 23 More Revelations in CIP Reports add to Previous Evidence of Dioxin Issues/Problems •2023 Compliance Source Test indicates dioxin/furan source test for boilers could not be done concurrently due to Boiler 2 operational issues stating: 10Page 24 https://zerowasteeurope.eu/press-release/long-awaited-revamp-of-industrial-emissions-directive-improves-dioxin- monitoring-in-incinerators/Page 25 Page 26 Serious Concerns With Durham’s Reporting INFO-55 NOT Transparent For Public, Politicians, Committees •CIP STANTEC and HDR Oversight reports NOT posted, only ORTECH which does not include the critical information about dioxin testing issues INFO-55 gives public, politicians – who don’t have the time to read technical attachments – the false impression the source test was without issues and that all emissions during the testing event were counted and reported. This matters because we are deprived of essential context and facts around the significant limitations of our monitoring which in turn informs OUR MONITORING RECOMMENDATIONS AND DECISIONS. 13Page 27 Conclusion: MONITORING MUST BE IMPROVED •Dioxin/Furan source test is three 4-hour tests totalling 12 hours •Represents less than 0.25% of total operating time •these stack testing problems occurred during a pre-arranged, prepared-for, at ideal conditions with teams of consultants present– and they still didn’t meet all ECA and their own criteria - what happens all the rest of the time??? Better monitoring/reporting is NECESSARY, including: •testing during OTNOC conditions as is now required by the EU •Environmental monitoring (flora, fauna, agriculture) 14Page 28 References 1.Golder & Associates, Durham-York Energy Centre Air Emission Monitoring Plan (AEMP), February 2013, Report Number: 10-1151-0343 AEMP, Section 4.2, Table 3, page 6 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/Air_Emissions_Monitoring_Plan_AEMP.pdf 2.Ontario Ministry of the Environment, Environment Certificate of Approval (ECA), Number 7306-8FDKNX Issue Date: June 28, 2011, Section 7. (1), page 25, and Schedule “D”, page 50 and Schedule “E”, page 54, 55 https://www.durhamyorkwaste.ca/en/facility- approvals/resources/Documents/EnvironmentalComplianceApproval.pdf 15Page 29 3.ORTECH, Source Test Reports available at https://www.durhamyorkwaste.ca/en/environmental-monitoring/air- emissions.aspx#Reports For specifics on pollutants and durations, for representative example see: ORTECH, Covanta Durham York Renewable Energy Limited Partnership Durham York Energy Centre 2022 Compliance Emission Testing in Accordance with Amended Environmental Compliance Approval (ECA) No. 7306‐8FDKNX, Date: March 1, 2023, https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2022/Fall%20Source%20Test/20230301_RPT_2022_DYEC_Compli ance_Source_Test_RFS.pdf •Dioxins, Furans and Other Semi-Volatile Organic Compounds (SVOCs) including PCBs, Chlorobenzenes, Chlorophenols and Polycyclic Aromatic Hydrocarbons (PAHs), Section 4.4, page 19, states each test lasts 240 minutes =4 hours; Section 4.1 states triplicate tests are done for SVOCs; 3 x 4 hours = 12 hours •Particulate and Metals, Section 4.2, page 17 states each test lasts 180 minutes = 3 hours; Section 4.1 states tests done in triplicate; 3 x 3 hours = 9 hours •Volatile Organic Compounds (VOCs), Section 4.6, page 20 states there are three (3) runs, each run is 40 minutes, 3x40 minutes =120 minutes= 2 hours •Aldehydes, Section 4.7, page 21 states each run is 60 minutes =1 hour, Section 4.1 states tests are done in triplicate, 3 x 1 hour = 3 hours 16Page 30 https://www.durhamyorkwaste.ca/en/operations-documents/resources/2022/20230621_RPT_DYEC_2022_Annual_ACC.pdf One year = 365 days/year x 24 hours/day = 8760 hours/year Durham, York, Covanta, ECA 2022 Annual Report, Section 11, page 44 lists outages that total 635 hours. See: https://www.durhamyorkwaste.ca/en/operations-documents/resources/2022/20230621_RPT_DYEC_2022_Annual_ACC.pdf Estimated annual operating hours based on the data available = 8760 hours – 635 hours = 8125 hours For above pollutants, the longest test duration is 12 hours. The DYEC has two source tests per year: spring test is voluntary, fall test is for compliance so longest duration for year = 2 tests/year x 12 hours/test = 24 hours/year Sampling duration per year/Operating Time per year ≅ 24/8125 = 0.00295=0.3% which is less than 0.5% 17Page 31 Delegation to Works Committee October 2, 2024 W. Bracken Memorandum on AMESA Sampling Q1 2024: Quarterly (Q1-2024) Long-term Sampling System Report 1Page 32 2Page 33 3Page 34 4Page 35 5Page 36 More Issues at the DYEC With Dioxins/Furans: Long-Term (monthly) sampling of Dioxins/Furans reporting is very incomplete, and it is neither traceable nor transparent. The public advocated for this monitoring and pays for it yet, •Regions have withheld the monthly AMESA data for years 2015 to 201912,13 •For 2020 onward some data provided, however, many months of data have been invalidated or unavailable and underlying lab reports, documents have not been provided14,15,16,17,18,19 •Monthly results that have exceeded 64 pg TEQ/RM3 (the stack test ECA limit is 60) have been invalidated14,16,17,19 according to protocol established by Covanta and the Regions20,21 •Reasons cited include operational issues known to have potential to produce high dioxin/furan emissions 6Page 37 Many Hours and Months of Dioxin/Furan AMESA Data Have Already Been Invalidated/Omitted/Missing From 2020 to 2023 https://www.durhamyorkwaste.ca/en/environmental-monitoring/air-emissions.aspx#Reports 7Page 38 Dioxin/Furan Stack Test Compliance Limit: 60 pg TEQ per cubic metre • Oct. 1-2, 2015: Acceptance Stack Tests Dioxins/Furans4: Boiler 1 Tests average 229.3 pg TEQ per cubic metre Boiler 2 Tests average 103.8 pg TEQ per cubic metre • May 2 – May 11, 2016: Stack Test5 Boiler 1 Tests average 818 pg-TEQ per cubic metre The duration of the exceedances are unknown. DYEC has had Major Dioxin and Furan Emissions Exceedances Continuous Emissions Monitors (CEMs) showed no indication there were problems proving that the very limited continuous emissions monitoring does not protect us.8Page 39 ToxicoWatch Study of Paris Incinerator; French Government Warns Millions Not to Eat Backyard Chicken Eggs “The emissions data show that the waste incineration process is extremely vulnerable to disturbances…the AMESA was found to be out of service for more than 3,000 hours per furnace, i.e. 125 days or 4 months over 2 years.” 10 “OTNOC is directly correlated with the possibility of high dioxin emissions, as research on OTNOC events has shown.”11 https://www.euronews.com/green/2023/11/21/millions-in-france-warned-not-to-eat-eggs-from-backyard-chickens- due-to-forever-chemical-p#vuukle-comments-2419688 9Page 40 https://zerowasteeurope.eu/press-release/long-awaited-revamp-of-industrial-emissions-directive-improves-dioxin- monitoring-in-incinerators/Page 41 Page 42 https://zerowasteeurope.eu/press-release/long-awaited-revamp-of-industrial-emissions-directive-improves- dioxin-monitoring-in-incinerators/ Page 43 More Concerns: DYEC 2023 Soil Testing Report shows 2023 Dioxin Concentrations More than Double 2013 Pre-DYEC Levels That’s a 114% Increase in Soil Concentration (Percent Loading). 13Page 44 REFERENCES 4.HDR Consulting, Acceptance Test Review Report Prepared for the Regional Municipalities of Durham and York, April 20, 2016, Table 11 and Table 12, page 19 https://www.durhamyorkwaste.ca/en/operations- documents/resources/Documents/FacilityAcceptanceTesting/DYECAcceptanceTestReviewReportHDR.pdf 14 5.ORTECH, Covanta Durham York Renewable Energy Limited Partnership May 2016 Emission Testing at the DYEC, Report #21656, June 13, 2016, Executive Summary Page 8 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/May_2016_Source_Test_Report.pdf Page 45 10.Arkenbout, A., Bouman, K., ToxicoWatch Foundation, Hidden Emissions Waste Incinerator IVRY-PARIS XIII AMESA Semi- Continuous Measurements 2020 – 2021, May 2023, Executive Summary, page 5 https://www.toxicowatch.org/_files/ugd/8b2c54_90bb14011856429297d14d6be5b50dc9.pdf 11.Ibid., Section 1.6, page 14 12.See DYEC website for Air Emissions/AMESA Reports at: https://www.durhamyorkwaste.ca/en/environmental- monitoring/air-emissions.aspx#Reports There are no AMESA Reports posted for the years 2015, 2016, 2017, 2018, and 2019. AMESA Reports are only posted for years 2021, 2022, 2023. AMESA 2020 results are provided in 2020 ECA Annual Report found at:https://www.durhamyorkwaste.ca/en/operations- documents/resources/2020/20210330_RPT_2020_DYEC_ECA_Annual_ACC.pdf 15Page 46 13.Regional Municipality of Durham, Durham Report #2021-WR-10: Durham York Energy Centre Operations – Long-Term Sampling System Reporting, June 2, 2021, Section 1.2, page 1 details requests from the Municipality of Clarington for the AMESA data for years 2015 to 2019 as well as other AMESA information; Section 7.2, page 8 for Durham’s response and rationale NOT to release the AMESA data. https://calendar.durham.ca/meetings/Detail/2021-06-02-0930-Works-Committee-Meeting/101674d7-0ab4-4b26-b342- ad36009b7a41 14.2020 AMESA data invalidated for October 2020: See 2020 ECA Annual Report, Section 5.6, pages 30, 31 https://www.durhamyorkwaste.ca/en/operations- documents/resources/2020/20210330_RPT_2020_DYEC_ECA_Annual_ACC.pdf 15.2021 Q1, Feb 10 – Feb 26 no result reported: See DYEC Long-Term Sampling System Quarterly (Q1) Report January 1, 2021 to March 31, 2021, page 4 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2021/20210820_RPT_DYEC_LTSS_Q1_ACC_FINAL.pdf 16.2021 Q3, Aug 18- Sept 23 data invalidated: See DYEC Long-Term Sampling System Quarterly (Q3) Report July 2021 to September 2021, pages 4 to 7 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2021/20220225_RPT_CIP_DYEC_LTSS_Q3_Report_ACC.pdf 16Page 47 17.2021 Q4, Oct 13 – Nov 10 data invalidated: See DYEC Long-Term Sampling System Quarterly (Q4) Report October 2021 to December 2021, pages 6 to 8 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2021/20220414_RPT_DYEC_LTSS_2021_Q4_REV1_ACC.pdf 18.2022 Q2, Mar 31 – June 15 data no result shown: See DYEC Long-Term Sampling System Quarterly (Q2) Report April 2022 to June 2022, pages 6, 7 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2022/20221104__RPT_DYEC_LTSS_2022_Q2_ACC.pdf 19.2022 Q3, June 24 – July 25 data invalidated and July 25 – Aug 26 data invalidated: See Long-Term Sampling System Quarterly (Q3) Report July 2022 to September 2022, pages 6 to 8 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2022/20230127_RPT_DYEC_LTSS_2022_Q3_final_ACC.pdf 2023 Q4, Nov 4 – End of Q4 no results See Long-Term Sampling System Quarterly (Q4) Report October 2023 to January 2024, pages 6 to 9 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2023/20240426_RPT_DYEC_LTSS_2023_Q4_FNL_ACC.pdf 20.Covanta, Durham and York Regions, Durham York Energy Centre AMESA Report, February 3, 2021, pages 6-8 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2021/20210211_RPT_DYEC_AMESA_Report_20210203_ACC.pdf17Page 48 21.Covanta, DYEC AMESA – Investigation Checklist, February 3, 2021 https://www.durhamyorkwaste.ca/en/environmental- monitoring/resources/Documents/AirEmissions/2021/AMESA_Investigation_Checklist_Rev.0_ACCpdf.pdf 22.See References 14 to 19 inclusive. 18Page 49 Delegation to Works Committee Re 7.1 a) Report 2024 INFO 55 Spring 2024 DYEC Stack Test By Linda Gasser October 2,2024. Page 50 Staff Report INFO 55 –NOT the whole picture when it comes to Dioxins & Furans •Stack test results are a snap shot in time of the DYEC emissions over the testing periods. •For Dioxins & Furans, stack testing taken place for 3 four hour test periods, twice a year. •Report INFO 55 itself does not mention the “issues” with Dioxins and Furans stack test Run 3 for Boiler 2. •Report Attachments from external consultants describe that the 3rd test for Boiler 2 had to paused due to other than normal conditions and then restarted. 2Page 51 Staff “Interpretations” of Stack Testing results are inappropriate •Staff wrote: 5.1: “DYEC demonstrates consistent performance with the appropriate controls and monitoring in place with provide a level of safety and protection to human health and the environment. 5.2: “The results of testing completed from 2019 – 2024 are presented in Attachment 4. The data presented indicates that the DYEC has consistently demonstrated that it operates safely and effectively within Schedule C limits.” 5.3: “ A table comparison of the latest source testing results against ECA limits and A-7 guideline is presented in Attachment 5 which shows the DYEC consistently operates and performs below regulatory limits.” •No one should infer from stack test results that these results are representative of ongoing operations at the DYEC 24/7/365 and definitely not with staff excluding years 2015 & 2016 when DYEC stack tests failed. •Engineers have professional obligations not to opine beyond their scope of expertise and especially not when addressing political decision makers and the public. 3Page 52 Fall 2023 Source Test issues for Dioxins & Furans Report 2024 INFO 17 (March 22.24 CIP) •Similar staff comments in INFO 17: •4.4 DYEC demonstrates consistent performance with the appropriate controls and monitoring, which provide safety and protection for human health and the environment. •4.5 The results of testing completed from 2019-2023 are presented in Attachment #4. The data presented indicates that the DYEC has consistently demonstrated that it does safely and effectively operate within the ECA Schedule C limits. •4.6 A table comparison of the latest source testing results against the ECA limits and A-7 guideline is presented in Attachment #5, which shows DYEC consistently operates and performs below regulatory limits 4Page 53 Attachments to 2024 INFO 17 indicate there were issues with D & F source test From Attachment 2, Page 2 of the Ausenco report: •Source tests for dioxin and furans for both Units 1 and 2 are typically run concurrently. However, it was necessary to take Unit 2 offline due to plugging of the feed chute for Boiler 2. The timing of this incident prevented Unit 2 from being tested concurrently with Unit 1. Unit 1 was tested on September 21st and 22nd , while Unit 2 was tested on October 3rd and 4th , 2023. •So, two types of “issues” occurred around two successive D & F stack testing programs. •What happens outside pre-advised testing dates, rest of year?? 5Page 54 Ortech Summary pg 1 shows two successive Compliance Tests (fall 2023 & spring 2024) 6Page 55 ECA requires 1 compliance Source Test annually. Durham does 2nd “Voluntary” test usually spring •Please ask staff WHY two successive compliance tests were done i.e. were they required by MECP to do this or other explanation. •Ask when the Fall 2024 Source Test will occur and will it also be a compliance test? •The EFW business case Report 2008-J-13 pg 31 stated: The RFP will also require routine quarterly or semi-annual stack testing of regulated contaminants that can not be continuously monitored •There was an attempt to kill off the voluntary stack test a few years ago, which thankfully did not pass. 7Page 56 DYEC website -complete Stack Test info & all consultants’ reports must be posted incl. MECP ST correspondence •Challenging for citizens or councillors to find and track stack test reports and related data. •Automated notifications to web page subscribers erratic. I have reported this to staff numerous times over last couple years. •Only after I contacted staff ON Sept. 23rd was the Ortech report posted. Readers also need access to Staff report & Consultants’ reports attached – which are posted to CIPs but NOT to DYEC website. •There’s a tab for Ministry Correspondence on the DYEC Air Emissions pages, but the most recent correspondence is from Feb. 2021 •Staff should be posting their pre-test plan submission to MECP along with MECP response(s), and then their post test submission letter to MECP & response. COUNCILS & PUBLIC NEED THE WHOLE PICTURE. •THANK YOU FOR YOUR ATTENTION – QUESTIONS? 8Page 57 Delegation to Works Item 7.1 b) Quarter 1 2024 AMESA Staff Memo (Sept. 13.24 CIP) Linda Gasser October 2, 2024. Page 58 Durham staff acknowledged Long Term Sampling for Dioxins & Furans would be conducted & included in 2008 EFW Business case •A consultants report dated Dec. 18, 2014 on Continuous Sampling and Monitoring systems for Dioxins & Furans was submitted to Covanta. •For reasons Durham staff did not fully explain, the AMESA sampling system was not in place at the time of the Fall 2015 Stack Tests, during which both boilers failed D & F tests. •AMESA installed some time after that, in “fall 2015”. •June 15,2016 Report 2016-WR-8, Pg 2, Works Comm. Curtis wrote: “AMESA system will be used to monitor Dioxins and Furans between the scheduled stack tests. This will provide an additional mechanism to better protect the public. However, based on current information more work has to be done…..” 2Page 59 Durham engaged consultant to assist with AMESA from fall 2015, still around in 2017 •AMESA is established technology and used in Europe. •With consultants’ and manufacturer’s guidance, AMESA should have been operating more quickly than what seems occurred. •Durham staff released NO AMESA data at all from 2015-19. •For first time, monthly sampling summaries in 2020 ECA Annual Report. •Quarterly memos started 2021,with NO underlying data to allow readers to verify the results reported, with many results arbitrarily invalidated. •Wendy Bracken filed an FOI request in May 2019 asking for AMESA Work Plans and AMESA emissions data to end April 2019. Received some Work plans and emails but AMESA data denied. 3Page 60 I have appealed Durham’s denial of my June 2024 FOI request for AMESA data between 2015-18. Awaiting IPPC response 4Page 61 Note sentence re “possession of the records”. Two 2018 Work Plans DO contain AMESA monthly summaries from June 2017 to August 2018 5Page 62 2024 Q 1 AMESA Memo, page 3, states clearly where AMESA records held •When submitting my FOI Request I described where the AMESA data would be kept, as REQUIRED by the ECA. •In Sept. 13. 2024 Q 1 Memo Staff wrote: •AMESA results are available at the site when requested by the Ministry of Environment, Conservation and Parks (MECP) and reported to the MECP as part of the Annual Report required by ECA Approval Condition 15 and posted to the DYEC website. •Durham staff have stated numerous times they can view and thus access the records, which are kept at the DYEC of which Durham is majority owner! 6Page 63 No evidence of independent third party consultant oversight re AMESA monitoring •Unlike ALL other DYEC monitoring/testing, from Durham & York staff responses and the limited documentation available, it appears there is no independent third party overseeing the AMESA monitoring. •WHY NOT and especially over such important data and especially because of the numerous concerns around Dioxins & Furans emissions? •According to staff – Covanta submits the cartridge to the lab, who then sends the results back to Covanta, who then do the calculations to produce a sampling result for the sampling period. •While AMESA sampling is not required by the ECA for compliance, it is required for information and if conducted properly could be a more accurate representation of actual Dioxin and Furan emissions over longer periods. •As Works Comm. Curtis wrote, the information from the LTS system would provide additional data between the semi-annual stack tests. •The public is paying for this monitoring and should have access to complete data. 7Page 64 SUCCESSIVE WORKS COMMITTEES & COUNCILS HAVE NOT PROVIDED SUFFICIENT DYEC OVERSIGHT •It would be instructive for Works Committee (and Clarington) to watch the Sept. 24, 2024 EFW WMAC at: https://www.durham.video/ •Note the WMAC committee questions around Wendy’s two delegations and your staff’s responses. •Staff stated that night the update report that Works Committee recommended/requested June 5th, prior to proceeding with throughput expansion, is to be on the November Works agenda. •I urge you to keep in mind the many concerns raised by Wendy Bracken and myself when you consider the upcoming report. •THANK YOU FOR YOUR ATTENTION. QUESTIONS? 8Page 65