Feds Should Force Emission Caps in Ontario

In response to a recent request for input from Herb Gray, the Canadian chairman of the International Joint Commission, the Ontario Clean Air Alliance argues the province isn't meeting the terms of the 1991 Ozone Annex pact. At issue is the total amount of nitrogen oxide - known as NOx - the plants will be allowed to spew into the air by 2007.

NOx is a key component of smog and Ontario's power plants are among the worst polluters in the country.

In a letter to Gray, the alliance argues that Ontario's pollution rules actually allow the power plants to exceed the cap agreed to in the agreement by as much as 33.6 per cent.

"There are no Ontario or Canadian emission caps which require southern Ontario's power plants to achieve compliance with the Ozone Annex's (cap)," alliance chairman Jack Gibbons wrote.

Federal Environment Minister David Anderson has repeatedly said Ontario's smog plan doesn't go far enough.

In a letter to Ontario Environment Minister Chris Stockwell last summer, Anderson said he "remained concerned" the cap would not be met and warned he might take legislative action.

A Stockwell spokeswoman said Wednesday the province "definitely" intends to meet the agreement's commitments.

"We're doing all kinds of things on the air file," said Diana Arajas.

Those initiatives include a promise to close down one major coal-fired plant and putting special filters on another.

In addition, the province is moving forward on several other clean-air initiatives that go beyond the electricity sector, Arajas said.

A spokeswoman for Anderson said Ottawa "is still not satisfied" that Ontario will make good on its promises regarding NOx.

While the minister "is hopeful" the province's new efforts will address some of those concerns, he is still preparing "a contingency plan" if they fall short, said Kelly Morgan.

"We'll be using the Canadian Environmental Protection Act, whatever legal tool is there, to force Ontario to comply."

The International Joint Commission is currently reviewing the progress being made toward complying with the emission caps set under the international pact.

The alliance says the commission has to make it clear that Ontario's rules permit the power plants' emissions to exceed the Ozone Annex's cap by 33.6 per cent.

It is also urging the commission to recommend Ottawa use its legislative clout to force the province to comply.

"The government of Canada can use its own authority under the Canadian Environmental Protection Act to directly regulate the southern Ontario power plants," Gibbons said in an interview.

"Since the government of Ontario has repeatedly ignored Anderson's requests to do it themselves, it is now appropriate for the government of Canada to step in."