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LEHDER News

CEPA Notice to Provide Information for Risk Management of Specific Substances

     Posted by LEHDER News on

CEPA 1999 Substances Information Request for Summer 2017On April 1, 2017, pursuant to CEPA 1999, paragraph 71(1)(b), notices were posted in the Canada Gazette, Part I, Vol. 151, No. 13 in regards to information required for the assessment of certain toxic substances for substances manufactured, imported or used in 2015 and 2016. 

Information is required to be submitted through Environment and Climate Change's Single Window (SWIM) system for applicable substances by the required date.  A brief overview of the Summer 2017 requirements is provided below, please refer to the Canada Gazette notice for complete information and further details on the Fall 2017 requirements.

Inquiries concerning the notice may be directed to the Substances Management Information Line at 1-800-567-1999 (toll free in Canada), 819-938-3232 (outside of Canada), or via email to eccc.substances.eccc@canada.ca.

Notice to provide information for the risk management of certain substances — Summer 2017

Notice to provide information for the risk management of certain substances — Fall 2017

Summer 2017

Information pertaining to applicable substances listed in Schedule 1 for the summer notice are required to be provided no later than June 28, 2017, 3 p.m. (EST). Please refer to the Canada Gazette notice for complete information.

Schedule 1 (Substances) & Schedule 2 (Applicability)


Part 1 - Hexavalent Chromium Compounds

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 25 kg;
  • imported a total quantity greater than 25 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 25 kg, whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%), for chromium electroplating, chromium anodizing or reverse etching.

Part 2 - 2-Propanone Substances

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 100 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) in the manufacture of a mixture, a product, or a manufactured item.

Part 3 - Common Names Dechlorane Plus, DP, DBDPE or DecaBDE

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg of a substance at a concentration equal to or above 0.1% by weight (w/w%), whether  
    • alone, in a mixture, or in a product; or
    • in a manufactured item that is
      •  a vehicle, aircraft or watercraft, or a part contained therein,
      • a construction material,
      • a carpet, vinyl or laminate flooring, or foam underlay for flooring,
      • a cable, a wire, an appliance, or an electrical device or equipment,
      • a rubber conveyor belt,
      • a plastic pallet, other than a plastic pallet used to import other goods, or
      • clothing, footwear, bedding, furniture or furnishing if the substance is contained in a foam, leather, textile fibre, yarn or fabric;
  • used a total quantity greater than 100 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) in the manufacture of a mixture, a product, or a manufactured item.

Part 4 - Refractory Ceramic Fibres

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 1000 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) whether the substance was used alone, in a mixture, or in a product.

If an applicable substance above met the criteria for both 2015 and 2016, only the information for 2016 is required to be provided.  If the criteria was met for only the 2015 calendar year, the 2015 information is only required.

Exemptions to the criteria above can be located in Schedule 2 (11) and information required to be submitted under Schedule 3 is provided in Schedule 2 (12).  Schedule 3 provides the specific information required for reporting.

Information pertaining to applicable substances listed in Schedule 1 for the summer notice are required to be provided no later than June 28, 2017, 3 p.m. (EST).

For additional information in regards to this notice, please contact Marnie Freer.

Canada Ratifies WTO Agreement on Trade Facilitation with Act to Amend HPA and CEPA

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Canada Ratifies WTO Agreement with Act Amending CEPA and HPROn December 12, 2016, an Act to Amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make amendments to a related Act, formerly known as Bill C-13, was enacted. This legislation enabled Canada to ratify the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA) on December 16, 2016.

The TFA, which entered into force on February 22, 2017, contains binding commitments for the 164 WTO Members to modernize and simplify border procedures. The legislative amendments contained in this Act relate to two specific provisions of the TFA:

  • Article 10.8.1: Importers may return to exporters goods rejected on account of their failure to meet certain health and technical requirements, unless an alternate way is provided for in laws and regulations.
  • Article 11.8: Technical regulations may not be applied to goods moving through the territory of a WTO Member from a point outside its territory to another foreign point (i.e. goods in transit).

As a result of the legislative changes, the following provisions in the TFA apply to hazardous products under the Hazardous Products Act (HPA), as follows:

  • Under Article 10.8.1 of the TFA, hazardous chemicals that do not comply with the HPA could be returned/re-consigned to the importer for removal from Canada at their expense unless they pose unacceptable risks to human health and safety, in which case they would be seized and not returned.
  • Under the Hazardous Products Regulations, the sale and importation of hazardous products that are "in transit" (being transported through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada), and that are not intended for use in a work place in Canada, are exempt from the labelling and safety data sheet requirements of the HPA.
  • In addition, the HPA was amended to provide authority, consistent with other Health Canada legislation, to implement international agreements, such as the TFA.

For more information, please contact the Workplace Hazardous Materials Bureau at:

Email: WHMIS_SIMDUT@hc-sc.gc.ca

Telephone: 1-855-407-2665

Additional information can also be found online:

WTO-Negotiations

WTO-TFA FAQs

Bill C-13

Hazardous Products Act

For more information, please contact Mark Roehler.

Environmental Registry Decision on Updated Guidelines for the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality)

     Posted by LEHDER News on

On March 8, 2017, updated guidance documents for Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) were posted to the Environmental Registry. 

The Ontario Ministry of the Environment and Climate Change has updated guidance on technical requirements that support the ministry’s risk framework for air standards, site-specific standard, technical standards and Upper Risk Thresholds (URTs) under the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) made under the Environmental Protection Act. The web links and documents for the updated documents are provided below:

Guideline for the Implementation of Air Standards in Ontario (Guideline A-12)

Guideline for the Implementation of Air Standards in Ontario (GIASO) Guideline for the Implementation of Air Standards in Ontario (GIASO) (3619 KB)

Guide to Requesting a Site-Specific Standard

Guide to Requesting a Site-specific Standard Guide to Requesting a Site-specific Standard (1552 KB)

Guide to Applying for Registration to the Technical Standards Registry – Air Pollution


The full EBR post can be viewed here:

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTI1MDMz&statusId=MTk0OTI0&language=en

For more information on these guidance documents, please contact Marnie Freer.

LEHDER Training Updates & Mark Roehler Obtains Certified Online Training Professional Designation

     Posted by LEHDER News on

Mark Roehler Receives Certified Online Training Professional (COTP) DesignationLEHDER is pleased to announce Principal Mark Roehler has obtained the Certified Online Training Professional designation from the International Council for Certified Online Training Professionals.  Congratulations, Mark!

LEHDER's O. Reg. 347 Subject Waste Webinar Series is currently underway with only 3 sessions left.  To participate in any of the remaining sessions, links to the registration module are provided below.  Please note, if you are interested in registering for the entire series yet have missed a module, recordings of the missed sessions and applicable resource materials will be provided upon registration.  The remaining sessions are provided below:

200-WB-05 Movement Documents for Subject Waste Shipments - February 28, 2017

200-WB-06 Subject Waste Full Webinar Series

The full listing of LEHDER webinars currently available can be found on the LEHDER Webinar page.

LEHDER Spring Classroom Sessions

The Ontario and Alberta spring classroom sessions are approaching - the Ontario sessions occur during March and early April; the Alberta sessions are taking place in Edmonton, AB, between April 18 and 21.  Please note - register early!  Courses can be cancelled two weeks in advance of course date if there is insufficient registration volumes.

To view the upcoming courses available, please select the appropriate location below:

Point Edward, Ontario

Edmonton, Alberta

For more information in regards to LEHDER's training capabilities, please contact Mark Roehler.

Recent EBR Postings - EASR & Cap and Trade Regulatory Decisions and the Air Contaminants Benchmarks (ACB) List

     Posted by LEHDER News on

Environmental RegistrySeveral important postings have been made to the Ontario Government's Environmental Registry (EBR) recently, including regulatory decisions on the Environmental Activity and Sector Registry (EASR) and Cap and Trade Program, in addition to the release of the Air Contaminants Benchmarks (ACB) List.

Environmental Activity and Sector Registry (EASR)

On September 26, 2016, the ministry posted a proposal for a regulation on the Environmental and Regulatory Registries that would require all but high risk and more complex activities with air and noise emissions to register in the Environmental Activity and Sector Registry (EASR).

On January 4, 2017, the regulatory decision was posted to the EBR (Registry # 012-8646) to prescribe the activities noted above for the purposes of subsection 20.21 (1) of the Environmental Protection Act (EPA). The new EASR regulation made under EPA is: O. Reg. 1/17: Registrations Under Part II.2 of the Act –Activities Requiring Assessment of Air Emissions.

It is anticipated that a French version of the regulation will be available to the public in 2017. In the interim for all inquiries in French please contact Doris Dumais at (416) 327-9466 or doris.dumais@ontario.ca.

Key elements of O. Reg. 1/17 include:

  • A list of sectors, defined by the North American Industry Classification System (NAICS) codes and activities that have been deemed higher-risk or more complex and therefore are not prescribed by this EASR regulation. These higher risk sectors and activities include, for example: chemical manufacturing, cement manufacturing, mining, land disposal of waste, processing of metals outdoors etc.The requirement that assessments of discharges of contaminants from a facility to air, including noise and odour emissions, be prepared prior to registration and prior to making any modifications to confirm compliance with environmental standards and regulation requirements. These reports must be signed and sealed by a licensed engineering practitioner.
  • Operation and maintenance procedures, complaints reporting/recording requirements and record-keeping requirements.
  • The requirement for prescribed activities currently operating under an Environmental Compliance Approval (ECA) to register under the Air Emissions EASR by January 31, 2027 or before making modifications to the facility or operation of the facility.The EASR publication incorporated by reference into the regulation that outlines limits and other mandatory requirements for facilities governed by the Air Emissions EASR regulation.

In general, the requirements set out in the Air Emissions EASR regulation are similar to the current environmental standards that have, to date, been implemented through the ECA process. The new EASR regulation will help provide more certainty for businesses and encourage growth, while protecting the environment and human health.

The ministry is also currently consulting on proposed amendments to O. Reg. 524/98 that would expand the current list of exemptions from section 9 of the EPA for low-risk activities/facilities (EBR # 012-8764). 

All supporting documents and additional information can be found on the EBR post for Registry #012-8646.

Cap and Trade Program

On December 28, 2016, the regulatory decision to proceed with amendments to the greenhouse gas cap and trade program was posted to the EBR (Registry # 012-8953).  The amendments include changes to the:

  • Cap and Trade Program Regulation (O. Reg. 144/16)
  • Methodology for Distribution of Ontario Emission Allowances Free of Charge
  • Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)
  • Guideline for Greenhouse Gas Emissions Reporting


To review the full list of amendments and associated documentation, please refer to the full EBR post for Registry #012-8953.

Air Contaminants Benchmarks (ACB) List 

On January 4, 2017, a notice  was posted (Registry #012-9165) that the Ministry of the Environment and Climate Change (MOECC) has prepared a document that compiles standards, guideline values and screening levels used to assess contaminants released to air. It serves as a single reference window and replaces the following documents:

  • Summary of Standards and Guidelines sorted by Chemical Abstracts Service (PIBS # 6569e01)
  • Summary of Standards and Guidelines sorted by Chemical Name (PIBS # 6569e01)
  • Jurisdictional Screening Level (JSL) List - A Screening Tool for Ontario Regulation 419 (PIBS #: 6547e)

The ACB List is intended for use primarily by an emitter who is required to prepare an Emission Summary and Dispersion Modelling (ESDM) report in accordance with Ontario’s Regulation 419/05 Air Pollution – Local Air Quality (“the Local Air Quality Regulation” or “the Regulation”) made under the Environmental Protection Act (EPA).

The ACB List includes the following benchmarks:

  • Benchmark 1 (B1) Values: Standards and guideline values
  • Benchmark 2 (B2) Values: Screening levels

Exceedence of a B1 value triggers specific actions under the Regulation. Exceedence of a B2 value triggers a toxicological assessment to determine the potential for an adverse effect.

The introduction of the ACB List is not a new policy
. The ACB List consolidates existing standards, guidelines and JSLs into one location.  Guidance on how to use the ACB List and the list itself are available through the ministry website at the link provided here
 

Notice of Intent Issued to Apply the Significant New Activity Provisions Under CEPA to 54 Substances

     Posted by LEHDER News on

CEPA Notice of IntentA Notice of Intent proposing the application of the SNAc provisions of the Canadian Environmental Protection Act, 1999 (CEPA) to 54 substances, was published in the Canada Gazette, Part I, on December 3, 2016. The names and CAS Registry Numbers of these 54 substances are listed in Annex 1 of the Notice of Intent and are also provided in the table below.

The final screening assessments collectively conclude that 729 substances are not entering the environment in a quantity or concentration or under conditions that constitute a danger to human health or the environment and, therefore, do not meet any of the criteria set out in section 64 of CEPA. Fifty-four of the 729 substances were further identified as having properties or effects of concern.

Since the 54 substances are recognized as having potential human health or ecological effects of concern, there is suspicion that new activities that have not been identified or assessed could lead to these substances meeting the criteria set out in section 64 of CEPA. Therefore, the Government is proposing to amend the DSL, under subsection 87(3) of the Act, to indicate that the SNAc provisions under subsection 81(3) of the Act apply with respect to the 54 substances.

A significant new activity can include an activity that is not currently occurring or an existing activity involving a different quantity or occurring in different circumstances that could affect the exposure pattern of the substance. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide, and for the Government to assess, specific information when a person proposes to use the substance in a significant new activity. The provisions are used to assess the risks associated with the proposed new activity before the new activity is undertaken. The Minister of Environment and Climate Change and the Minister of Health assess the information provided by the notifier and other information available to them to determine whether the substance, if used in the proposed new activity, could pose a risk to the environment or human health, and if so, whether risk management is required.

Information gathering methods other than the use of the SNAc provisions were considered, including the addition of the substances to the list of substances subject to the Inventory Update under CEPA, and the periodic market surveillance of products through the analysis of Safety Data Sheets (SDS). However, these tools would collect information after the substance may have been used. This could potentially lead to exposure sources of concern.

Notice of Intent - Comment Period Open

Within 60 days of publication of the Notice of Intent for these 54 substances, any person may submit comments to the Minister of Environment and Climate Change Canada with respect to the proposal.

Please provide any information on activities that you have not already provided to the program. The information will help inform decisions with respect to the potential application of the SNAc provisions to the substance(s). Comments will be, to the extent possible, taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to these substances. The Order will be published in the Canada Gazette, Part II. You will be notified of this publication in the coming months.

In accordance with section 313 of CEPA, any person who provides information may submit, with the information, a request that it be treated as confidential.

All comments must cite the Canada Gazette, Part I, and the date of publication of the notice and be sent to the following address:

Mailing address:
Executive Director, Program Development and Engagement Division
Environment and Climate Change Canada
Ottawa, ON  K1A 0H3
 
Delivery by messenger:
Executive Director, Program Development and Engagement Division
Environment and Climate Change Canada
171 Jean-Proulx Street.
Gatineau, QC J8Z 1W5

Email address:

eccc.substances.eccc@canada.ca

For more information, please visit:

  • the Chemicals Substances Web site:

http://www.chemicalsubstanceschimiques.gc.ca/plan/index-eng.php

  • the SNAc provisions under CEPA Web site:

http://www.ec.gc.ca/lcpe-cepa/default.asp?Lang=En&n=9EFCCB36-1

  • the comprehensive listing of substances that are subject to the SNAc provisions:

http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=0F76206A-

 

For any question please contact the Substances Management  Information Line:
Telephone: 1-800-567-1999 (in Canada) or 819-938-3232
Fax: 819-938-5212
Email: eccc.substances.eccc@canada.ca  


Annex 1: List of 54 substances for which SNAc provisions are proposed to be applied.

Substance Name

CAS RN

Substances identified for tracking from Rapid Screening assessment following Phase One of the DSL IU

Benzenamine, 2,6-dimethyl-

87-62-7

Urea, N’-(4-chlorophenyl)-N,N-dimethyl-

150-68-5

Arsonium, tetraphenyl-, chloride

507-28-8

Hexanoic acid, 2-ethyl-, nickel(2++) salt

4454-16-4

Octanoic acid, nickel(2++) salt 

4995-91-9

Hexanoic acid, 2-ethyl-, nickel salt

7580-31-6

1,2-Ethanediamine, N-(1,3-dimethylbutylidene)-N’-[2-[(1,3-dimethylbutylidene)amino]ethyl]-

10595-60-5

Cadmium, bis(diethylcarbamodithioato-S,S’)-, (T-4)-

14239-68-0

Methanaminium, N-[4-[[4-(dimethylamino)phenyl]phenylmethylene]-2,5-cyclohexadien-1-ylidene]-N-methyl-, ethanedioate

18015-76-4

Benzenamine, 4,4’-methylenebis[2-ethyl- /

19900-65-3

Benzene, 1,1’,1’’-(chloromethylidyne)tris[4-methoxy-

49757-42-8

1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(2,3-dibromopropyl)- 

52434-90-9

Disiloxane, 1,3-dichloro-1,1,3,3-tetrakis(1-methylethyl)- 

69304-37-6

Arsonium, tetraphenyl-, chloride, compd. with hydrochloric acid (1:1) 

73003-83-5

Benzene, trimethylbis(phenylmethyl)- 

114792-68-6

Substances identified for tracking from Rapid Screening assessment following Phase Two of the DSL IU

L-Tyrosine, O-(4-hydroxy-3,5-diiodophenyl)-3,5-diiodo-

51-48-9

Benzene, nitro-

98-95-3

Carbamic acid, (methylenedi-4,1-phenylene)bis-, diphenyl ester

101-65-5

Oxacycloheptadec-8-en-2-one, (Z)-

123-69-3

2-Naphthalenamine, N-phenyl-

135-88-6

Acetic acid, trichloro-, compd. with N’-(4-chlorophenyl)-N,N-dimethylurea (1:1)

140-41-0

Retinoic acid

302-79-4

29-Nordammara-17(20),24-dien-21-oic acid, 16-(acetyloxy)-3,11-dihydroxy-, monosodium salt, (3α,4α,8α,9β,11α,13α,14β,16β,17Z)-

751-94-0

Thorium oxide (ThO2)

1314-20-1

Benzoic acid, 5-[(3-carboxy-5-methyl-4-oxo-2,5-cyclohexadien-1-ylidene)(2,6-dichlorophenyl)methyl]-2-hydroxy-3-methyl-, disodium salt

1796-92-5

9,10-Anthracenedione, 1,4-bis[(4-methoxyphenyl)amino]-

2944-30-1

1H-Indene, 2,3-dihydro-1,1,3-trimethyl-3-phenyl-

3910-35-8

Benzoic acid, 2-[3,6-bis(acetyloxy)-2,7-dichloro-9H-xanthen-9-yl]-

4091-99-0

Cyclohexanone, 2,6-bis[(4-azidophenyl)methylene]-4-methyl-

5284-79-7

Hydrazinecarboxylic acid, [(1,4-dioxido-2-quinoxalinyl)methylene]-, methyl ester

6804-07-5

Benzeneacetic acid, 1-phenyl-1,2-ethanediyl ester

7717-62-6

Mercury iodide (HgI2)

7774-29-0

3,5-Dioxa-6-aza-4-phosphaoct-6-ene-8-nitrile, 4-ethoxy-7-phenyl-, 4-sulfide

14816-18-3

9,10-Anthracenedione, 1-amino-2-[4-[(hexahydro-2-oxo-1H-azepin-1-yl)methyl]phenoxy]-4-hydroxy-

19014-53-0

1,4-Benzenedicarboxylic acid, 2-[[4-(2,2-dicyanoethenyl)-3-methylphenyl]ethylamino]ethyl methyl ester

41284-31-5

Xanthylium, 3,6-bis(diethylamino)-9-[2-(methoxycarbonyl)phenyl]-

47742-71-2

2,4-Oxazolidinedione, 3-(3,5-dichlorophenyl)-5-ethenyl-5-methyl-

50471-44-8

Acetic acid, [4-[(1-amino-9,10-dihydro-4-hydroxy-9,10-dioxo-2-anthracenyl)oxy]phenoxy]-, ethyl ester

52236-80-3

Fatty acids, tall-oil, zinc salts

61790-11-2

Naphthenic acids, compds. with N-tallow alkyltrimethylenediamines

61790-54-3

Benzoxazolium, 3-ethyl-5-phenyl-2-[2-[[3-(3-sulfopropyl)-2(3H)-benzoxazolylidene]methyl]-1-butenyl]-, hydroxide, inner salt

63148-76-5

Naphthalenedisulfonic acid, diisononyl-, compd. with 1,1’-iminobis[2-propanol] (1:2)

63568-35-4

Methanone, [2-hydroxy-4-[2-hydroxy-3-(octyloxy)propoxy]phenyl]phenyl-

68083-40-9

Barium, acetate tallow fatty acids complexes

68201-19-4

Benzoic acid, 2-[[[2,4(*o*r 3,5)-dimethyl-3-cyclohexen-1-yl]methyl]amino]-, ethyl ester

68228-09-1 

Fatty acids, tall oil, compds. with 2-[(2-hydroxyphenyl)methylene]hydrazinecarboximidamide

68334-11-2

Amines, N-(hydrogenated tallow alkyl)trimethylenedi-

68603-64-5

C.I. Pigment Yellow 157

68610-24-2

Pyrethrins and Pyrethroids, manufg.-residues

68648-44-2

Quaternary ammonium compounds, dicoco alkyldimethyl, nitrites

71487-01-9

Benzothiazolium, 5-chloro-2-[[5-[(5-chloro-1,3-diethyl-1,3-dihydro-2H-benzimidazol-2-ylidene)ethylidene]-3-ethyl-4-oxo-2-thiazolidinylidene]methyl]-3-ethyl-, iodide

106068-87-5

Phophinodithioic acid, bis(2,4,4-trimethylpentyl)-

107667-02-7

2-Naphthalenesulfonic acid, 1,5-bis(1-methylethyl)-, compd. with cyclohexanamine (1:1)

132373-76-3

2-Butanone, 4-[[[1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-1-phenanthrenyl]methyl](3-oxo-3-phenylpropyl)amino]-, hydrochloride, [1R-(1a,4aa)]-

143106-84-7

 

For more information regarding CEPA Chemical Substances, please contact Mark Roehler.

 

 

Multi-Sector Air Pollutants Regulations - Part 1 Regulatory Training Reporting Tables Released

     Posted by LEHDER News on

MSAPR Part 1 Reporting TablesOn June 29, 2016 the Multi-Sector Air Pollutant Regulations (MSAPR) were published to the Canada Gazette, Part II.   The MSAPR is a key part of the Government of Canada’s responsibility in regards to the implementation of the new Canada-wide Air Quality Management System under the auspices of the Canadian Council of Ministers of the Environment (CCME).

The MSAPR is delineated into 3 Parts and impose national performance standards on:

  • Part 1 - gaseous-fuel-fired non-utility boilers and heaters,

  • Part 2 - stationary spark-ignition gas-fired engines, and

  • Part 3 - the cement manufacturing sector.

The objectives of the Regulations are to:

  • Limit the amount of nitrogen oxides (NOX) emitted from modern (new) and original (existing), gaseous-fuel-fired non-utility boilers and heaters used by industrial facilities.
  • Limit the amount of NOX emitted from modern and original stationary spark-ignition gaseous-fuel-fired engines used by industrial facilities (i.e. those used for gas compression or back-up generators).
  • Limit the amount of NOX and sulphur dioxide (SO2) emitted from cement kilns.


On October 26, 2016, the Part 1 Regulatory Training Reporting Tables were released to assist operators of non-utility boilers and heaters in understanding their requirements under Part 1 of the MSAPR.

The document contains four tables which outline the timing requirements for the testing and reporting required for Part 1.  This is intended to assist in determining which testing must be completed and when, along with associated key dates for reporting, based on type the boiler or heater in question. Please refer to the regulatory text to determine what type of boiler or heater you have (i.e. pre-existing, transitional or modern).

Below is a brief description of the four tables.

Table 1:  Classification Reports - Testing, Reporting and Timing Requirements
This table identifies the relevant sections in MSAPR that pertain to testing and reporting and summarizes the timing requirements for the testing and reporting associated with Classification Reports which apply to pre-existing boilers and heaters subject to the MSAPR.

Table 2:  Initial Reports - Testing, Reporting and Timing Requirements

This table identifies the relevant sections in MSAPR that pertain to testing and reporting and summarizes the timing requirements for the testing and reporting associated with Initial Reports which apply boilers and heaters, based upon their classification.

Table 3:  Compliance Reports - Testing, Reporting and Timing Requirements
This table identifies the relevant sections in the MSAPR that pertain to testing and reporting and summarizes the timing requirements for the testing and reporting associated with Compliance Reports.

Table 4:  Change Reports: Testing, Reporting and Timing Requirements
This table identifies the relevant sections in MSAPR that pertain to testing and reporting and summarizes the timing requirements for the testing and reporting associated with Change Reports which apply if the information in respect of a boiler or heater that was provided in a Classification, Initial, or Compliance Report changes.

A copy of the document is provided below.

MSAPR Part 1 Regulatory Training Reporting Tables (English) MSAPR Part 1 Regulatory Training Reporting Tables (English) (177 KB)


MSAPR Part 1 Regulatory Training Reporting Tables (French) MSAPR Part 1 Regulatory Training Reporting Tables (French) (195 KB)

Questions regarding the MSAPR can be forwarded to the Environment and Climate Change Canada contacts via the following email addresses:

General, Policy, AQMS: ec.airpur-cleanair.ec@canada.ca
Part 1- Boilers and Heaters: ec.combustion.ec@canada.ca
Part 2 - Engines : ec.nge-mgn.ec@canada.ca
Part 3 - Cement : ec.mmp-tmm.ec@canada.ca

For more information in regards to the MSAPR, please contact Marnie Freer or Peter Pakalnis.

Comment Period Available for the Proposed Environmental Emergency Regulations, 2016

     Posted by LEHDER News on

Proposed Evironmental Emergency Regulations 2016On October 8, 2016, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment and Climate Change published in the Canada Gazette, Part I, the proposed Environmental Emergency Regulations, 2016 (the proposed Regulations). A PDF version is available below. The proposed Regulations will repeal and replace the current Environmental Emergency Regulations (the current Regulations).

The current Regulations were last amended in 2011. Key changes in the proposed Regulations include:

  • the addition of 49 new substances to Schedule 1 and amendment of the thresholds for 3 existing substances;

  • a clarification of the requirements for exercising an E2 Plan;

  • a consolidation of substances into a single list;

  • the inclusion of uncontained substances;

  • a definition of a container system;

  • clarifications for the requirements regarding public notifications before, during and after an environmental emergency; and

  • modifications to reporting requirements including periodic reporting to ensure an up-to-date database is available for departmental officials and first responders.

A copy of the PDF version of the Canada Gazette, Part I publication is available below.

Canada Gazette, Part I - Environmental Emergency Regulations Canada Gazette, Part I - Environmental Emergency Regulations (772 KB)

How To Submit Comments

Pursuant to subsection 332(2), any person may, within 60 days after this publication, file with the Minister of the Environment and Climate Change written comments on the proposed Regulations.  All comments must cite in the subject header, “Comments - Canada Gazette, Part I – Environmental Emergency Regulations, 2016” and be sent to:

Lo Cheng, Director, Environmental Emergencies Division

Environment and Climate Change Canada

351 St. Joseph Blvd., 16th Floor, Gatineau, Quebec K1A 0H3

email: ec.ue-e2.ec@canada.ca


All comments must be submitted by December 7, 2016.


A summary of the comments and responses from the preliminary 2013 – 2014 consultations process is available on the Environmental Emergency Website

 

Federal Publication - Notice of Intent for Chemicals Management Plan

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Publication of Notice of Intent – Early stakeholder engagement on information gathering for Chemicals Management Plan

This is to inform you that the Government of Canada has published a Notice of Intent in the Canada Gazette on February 6, 2016, to invite you to provide information on the remaining 1,550 substances to be addressed in the next phase (2016 - 2020) of the Chemicals Management Plan (CMP).

At this time, Environment and Climate Change Canada and Health Canada would like to reiterate the importance of stakeholders' continued engagement in addressing priority substances under CMP to protect health of Canadians and their environment. Information provided to us in 2012 through the DSL Inventory Update allowed the government to identify key stakeholders and commercial activities involving these substances. Such information may be sufficient for the government to address some substances, while additional information will be required for other substances to better inform assessments.

The Notice of Intent outlines specific types of information that would help inform assessments. If you have information on the remaining 1,550 substances that you have not previously provided to us, please submit the information via Environment and Climate Change Canada’s Single Window (available soon).

More details with respect to the implementation plan for the next phase of the CMP will be available in the coming months, including a work plan for the coming two years. Please check Chemical Substances website for the latest news.

The government considers stakeholder engagement to be one of the key components of the success of the CMP. The information you provide us allows the government to ensure that the health of Canadians and their environment is protected. We look forward to your continued engagement during implementation of the next phase of the CMP.
 

Nanomaterials - Section 71 Notice for CEPA (1999)

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CEPA 1999 NanomaterialsNanotechnology is a rapidly emerging field with the potential for use in a wide variety of applications across a broad range of sectors. Nanomaterials are substances that are manufactured at or within the nanoscale (1 to 100 nanometres inclusive), or have internal or surface structures in the nanoscale. As international consensus on a definition for the products of nanotechnology has not yet been reached, a working definition described in the Policy Statement on Health Canada's Working Definition for Nanomaterial, has been considered in the development of the approach to address certain nanomaterials under the Canadian Environmental Protection Act, 1999 (CEPA 1999).
 
Presently, nanoscale forms of substances that are not listed on the Domestic Substances List (DSL) are subject to the New Substances Notification Regulations (Chemicals and Polymers) under CEPA (1999). Nanoscale forms of substances listed on the DSL are considered to be existing nanomaterials and generally have not been explicitly considered in risk assessments of existing substances conducted under CEPA (1999). The Government of Canada wants to ensure that nanomaterials currently in Canadian commerce are addressed as some may require further action to determine if they pose any potential risks to the environment or to human health. The Government of Canada has also designed the NanoPortal to provide information about Canadian Federal Government nanotechnology programs and links to general information about nanotechnology.

Canada's Proposed Approach to Nanomaterials 

A consultation document entitled Proposed Approach to Address Nanoscale Forms of Substances on the Domestic Substances List was published on March 18, 2015 for a 60-day public comment period to solicit feedback from stakeholders. In this document, the Government of Canada proposes a step-wise approach to address nanoscale forms of substances on the DSL.

The proposed approach consists of three phases:

  • Establishment of a list of existing nanomaterials in Canada;
  • Prioritization of existing nanomaterials for action; and
  • Action on substances identified for further work.

The first phase of the approach requires acquisition of data in order to establish a list of existing nanomaterials in Canada. This list could be considered a reference list to support decision making on activities related to nanoscale forms of substances on the DSL.

Mandatory Survey - Section 71 Notice

To support the first phase in establishing the list of existing nanomaterials, a Notice was issued in the Canada Gazette, Part I: Vol. 149, No. 30 (PDF Version – 3,016 K) under Section 71 of CEPA (1999) on July 25, 2015. The purpose of the Notice is to gather information and determine the volume of the 206 nanomaterials identified on the preliminary reference list as potentially in Canadian commerce. The facilities to which this Notice applies need to respond by February 23, 2016.

The nanomaterials Notice applies to any person who, during the 2014 calendar year, satisfied any of the following criteria:

  • Manufactured a total quantity greater than 100 kg of a substance listed in Schedule 1 that is specifically engineered to be used in nanoscale.
  • Imported a total quantity greater than 100 kg of a substance listed in Schedule 1, that is at the nanoscale, at any concentration - whether alone, in a mixture or in a product. (The definitions of mixture and product are provided in Section 2.7 of the Guidance Document).

To assist in determining whether the Notice applies to you, the Government of Canada has published a Guidance Document for completing the CEPA Section 71 Notice. Furthermore, additional technical guidance has been published to supplement the Information Sessions for CMP – Information Gathering under Section 71 of CEPA (1999) for Nanomaterials, to assist in achieving compliance with the Section 71 Notice. Any questions by the stakeholders can be submitted to the following:

                Substances Management Coordinator
                Telephone: 1-800-567-1999/819-938-3232
                E-mail: ec.substances.ec@canada.ca
 
Responses to the Section 71 Notice, the Declaration of Stakeholder Interest and the Declaration of Non-Engagement must be submitted via Environment Canada's Single Window system.  Guidance in regards to submitting a response through the Single Window System is available through the Chemicals Management Plan (CMP) Online Reporting How-To Guide.

For more information in regards to nanomaterials or the Section 71 Notice, please contact Marnie Freer.