THE FOLLOWING IS A LAYMAN'S INTERPRETATION OF SASKATCHEWAN'S CLEAN AIR ACT AND HOW IT SHOULD BE APPLIED TO LARGE SCALE PIG PRODUCING OPERATIONS IN THE PROVINCE.

 

Air quality concerns in Saskatchewan are covered by The Clean Air Act (CAA).  Section(s)5 of the CAA states that subject to sections 6 (exemptions) and 7 (power to waive), no person shall :

 

(a) operate an industrial source, an incinerator or fuel burning equipment; or

 

(b) alter, add to or change an industrial source, an incinerator or fuel burning equipment in a manner that effects the emission of air contaminants;

 

unless he holds a valid subsisting permit authorizing him to do so.

 

This is tied to the definitions of "incinerator" and "industrial source".  The latter definition in the Act reads  "any facility, operation, activity or equipment that is a source or potential source of an air contaminant but does not include fuel-burning equipment or incinerators".  An industrial source has to be tied to the emission of air contaminants in order for it to be classified as an industrial source.

 

This leads to an important series of definitions, as defined in s2 of the CAA - Air contaminant means "a solid, liquid, gas or combination of any of them in the ambient air that contributes to air pollution".  Air pollution means "the presence in the ambient air of any air contaminant:

 

(i) in a concentration greater than the permissible concentration specified in a permit or prescribed in the regulations;

(ii) in quantities that are likely to:

(a) be injurious to the health, safety, comfort or well-being of the public;

(b) be injurious or damaging to property or plant or animal life; or

(c) interferes with normal business; or

(iii) that has an offensive or obnoxious odour, regardless of its concentration.

 

Under the CAA, to require permitting, an operation in Saskatchewan has to trigger the definitions of air pollution, air contaminant, and industrial source with no exemptions under s6 or s7.From a legal perspective, it would appear that pig producing ILOs meet the definitions of air pollution, air contaminant, and industrial source thereby requiring a permit under s5.  Pig ILOs do produce toxic gases which can be "injurious to health, safety " ( some workers have died as a result of inhaling such gases) and it is clear that they are also "injurious to the comfort ...... of the public". It is also important to note that air pollution also means " an offensive or obnoxious odour, regardless of its concentration".

 

In spite of the foregoing , the Government of Saskatchewan routinely has waived , in recent years*, and continues to waive pig ILOs from the CAA permitting process under s7(1) which states " Where the minister considers it appropriate, he may,by order, waive the requirements of section 5 in respect of minor industrial sources, minor incinerators , or minor fuel burning equipment ". It rather stretches credibility to consider large scale pig ILOs as minor industrial sources.( * Waivers and exemptions have been granted to long-established pig ILOs under previous legislation , but this would not automatically exempt such operations from the current provisions of the CAA).

 

In light of the foregoing, it could be argued that Saskatchewan Environment and Resource Management should advise all pig ILOs in the Province that they will have to apply for permits to operate under the CAA .

 

J.Graham

August 6 , 2003