Policy on Modification, Extension or Rehabilitation of an Undertaking under New Brunswick’s Environmental Impact Assessment Regulation

Under Subsection 3(2) of the Environmental Impact Assessment (EIA) Regulation – Clean Environment Act, the enterprises, activities, projects, structures, works or programs specified in Schedule A, and any modification, extension, abandonment, demolition or rehabilitation of them are undertakings for the purposes of this Regulation and must be registered for review.
 

The Department of Environment and Local Government (DELG) shall be guided by the following when determining whether or not a modification, extension, or rehabilitation of an undertaking must be registered for an EIA review. The intent is to require registration if:

1. there is a potential to cause an environmental effect that was not previously evaluated; or
2. the conclusions obtained from a previous determination review or environmental impact assessment regarding the type, degree and significance of environmental effects would no longer be valid.

Regardless of a project’s status under the EIA Regulation, other permits and approvals may be required in relation to any proposed works. 
 

An undertaking that would result in any of the following will generally require registration:

1. a permanent increase of 25% percent or more in the physical footprint (area occupied on the ground) of an undertaking such as new or expanded buildings, structures, facilities or disturbed areas;
2. a permanent increase in existing rates of emissions (emissions per unit of time) to the environment of any contaminant as defined by Section 1 of the Clean Environment Act¹ ;
3. a permanent increase in existing total quantities or concentrations of emissions or discharges to the environment (as determined by volume, intensity, density, weight or other qualitative or quantitative measure) of any contaminant as defined by Section 1 of the Clean Environment Act¹;
4. a permanent change in the horizontal or vertical location at which a contaminant will enter the environment (e.g., effective stack height, outfall location, etc.);
5. a change in the effluent treatment method or technology (e.g., upgrades to an industrial wastewater or sewage treatment facility that is not meeting current effluent standards for the aquatic environment. EIA review is required because it is important to evaluate how the change in effluent quantity or quality (chemistry, temperature etc.) is expected to affect the surrounding aquatic environment);
6. a permanent increase in throughput that has the potential to result in environmental impacts that were not previously considered (e.g., an increase to inputs, outputs, processes or products including): (i) the product type, (ii) the actual production or processing volume; (iii) the theoretical production or processing capacity; (iv) the method of production or processing or (v) the method of waste treatment or disposal; and
7. a change to the purpose of a facility; for example: a waste disposal facility designed to receive municipal waste that will begin to receive hazardous industrial waste; a liquified natural gas (LNG) import facility that will be expanded or converted to include liquefaction (export) capabilities.  
    

Subject to the foregoing, the following types of modifications, extensions, or rehabilitations shall not require registration unless one of the items listed in a) to h) above applies:

• projects resulting in a permanent decrease in emissions;
• the automation of an existing operation, or the updating of existing control systems;
• improvements in technology that would not change the function of the facility from that which was originally approved; and
• routine maintenance activities deemed necessary for the safe operation of a facility.
   

1. Definition of a Contaminant from the Clean Environment Act:

“contaminant” means any solid, liquid, gas, micro-organism, odour, heat, sound, vibration, radiation or combination of any of them, present in the environment, (pollutant)

1. that is foreign to or in excess of the natural constituents of the environment,
2. that affects the natural, physical, chemical or biological quality or constitution of the environment,
3. that endangers the health, safety or comfort of a person or the health of animal life, that causes damage to property or to plant life or that interferes with visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property, or
4. that is designated by the Minister as a contaminant under section 4.2, and includes a pesticide or waste.