Ontario is proposing further amendments to its Brownfields Regulation 153/04. The amendments are described as technical in nature and consistent with the policy intent of the Brownfield Regulation as amended in December 2009.
The proposed amendments are said to clarify the intent and scope of certain provisions of the Brownfield Regulation, correct minor errors and incorporate new data. The proposed amendments include the following:
- Improvement to the standards
- Improvements to Modified Generic Risk Assessment (MGRA) model that do not impact standards, and Process for Updating MGRA
- Ensure consistency between Modified Generic Risk Assessment (MGRA) and Ontario Regulation 153/04
- Clarify which wells are to be captured in section 35 of Ontario Regulation 153/04
- Clarify standards applicable to “arenas”
- Changes to the Potentially Contaminating Activities list
- No soil exists at property to meet sampling requirements
- Confirmation sampling
The Ministry of Environment is also proposing to amend the “Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act”. The Protocol is to provide Qualified Persons and laboratories clear guidance in all aspects of the sampling process to ensure the highest quality data is provided in the decision-making while meeting regulatory requirements.
The proposed amendments are to come into effect on July 1, 2011.