Risk Assessment

Risk Assessment (RA)

In cases where practical challenges or project costs prevent full site remediation, a Risk Assessment (RA) may represent a viable option for undertaking environmental due diligence. Unlike the generic environmental site standards prescribed in O.Reg. 153/04, a Risk Assessment allows property owners to develop less stringent, site-specific criteria to meet an appropriate standard of care. A risk assessment-based Record of Site Condition (RSC) provides site owners with indemnification from the Ministry of Environment, Conservation and Parks (MECP) and is generally more cost-effective than remediation to generic site standards.

Risk Assessments determine the probability that a hazard (e.g., environmental contamination in the soil or groundwater) will cause harm to humans and the ecological environment, under specific conditions of exposure. Accordingly, an RA includes both a Human Health Risk Assessment (HHRA) and an Ecological Risk Assessment (ERA) to determine the risk of adverse health effects to humans and flora/fauna, respectively.

The HHRA and ERA are completed through analysis of the site-specific Contaminants of Concern (COCs) and their associated exposure pathway. COCs present in air, water, soil, dust particles, and soil vapour may reach humans or ecological receptors through multiple exposure pathways (e.g., inhalation, transdermal absorption, etc.). An RA characterizes the exposure pathways for a site and provides information required to inform subsequent risk management measures.

Once the risk of exposure has been calculated via the HHRA and ERA, the RA submission process starts with the filing of a Pre-Submission Form (PSF) to the MECP. The MECP will review the PSF and provide comments/feedback indicating whether additional investigation is required in support of the RA.

Following approval of the PSF, the full RA can be submitted. Property owners can submit either a Modified Generic RA (MGRA), a Tier 3 RA, or a Streamlined Tier 3 RA for their site. Choosing the correct RA format is dependant on the owner’s goals for the property, timeline, and available capital.

MGRA is generally the most efficient and cost-effective approach, with an 8-week review period by the MECP. To be considered an MGRA, the RA must adhere to default environmental standards set by the MECP, which may be more stringent. An MGRA is appropriate for projects where contamination is below default standards or exhibits trace amounts above the standard concentration limits, which can easily be accessed for remediation.

Tier 3 RA allows for modifications to default environmental standards. A Tier 3 RA maintains target levels of protection for human health and the ecological environment under a less stringent set of environmental standards. The approval time for a full Tier 3 RA can range from 4-18 months. A Tier 3 RA is often recommended for properties with complicated and more concentrated contamination issues, where an MGRA will not address the risk and full site remediation is too expensive.

Streamlined Tier 3 RA a hybrid approach to risk assessment that integrates aspects of the MGRA with a Tier 3 Risk Assessment. The streamlined approach modifies the MGRA in terms of the defined exposure limits and the derivation of property-specific environmental standards. While this approach is accepted by the MECP, an application should be reviewed by MECP’s Streamlined Risk Assessment Coordinator prior to submission. The approval process for a streamlined Tier 3 RA is typically longer than an MGRA but is often significantly less time than a full Tier 3 RA.

The first submission of an RA is often followed by comments/feedback from the MECP that must be addressed prior to acceptance. For example, with a Tier 3 RA, 1-2 rounds of comments are to be expected from the MECP(included in the 4–18-month timeline).

On certain projects, remediation may be required to achieve the property-specific standards set through the RA. However, the overall scope and cost of remediation is significantly reduced by the RA and are generally a fraction of the cost of full site remediation.

Risk Management Measures

Risk management is the process used to control or reduce the level of risk determined by the RA. The exposure risk information provided by the RA is evaluated against available control options, technical resources, and socio-economic factors to determine the best risk management strategies for a site. Local stakeholders may be consulted when considering risk management measures to protect human health and/or the ecological environment.

For complex site operations, the MECP may issue a certificate of property use (CPU) to ensure that risk management is maintained over time. In certain cases, the MECP will require that the CPU is registered on the property title.

Is Risk Assessment right for your property?

Your specific goals will help us determine the best course of action for your site. As always, the AEL team is here to explain your options in plain, everyday language, to help you make informed decisions.

Contact AEL today to learn more about the Risk Assessment process.