Prior to the deadlines for the Toxic Substance Reduction Plan (TSRP) under the Toxics Reduction Act, the Ministry of the Environment (MOE) conducted a number of educational and outreach programs. These were done in order to “help ensure compliance with the act and regulation.”
Now that the deadlines have passed, the MOE is focusing on activities to ensure facilities are in compliance.
Wait – What is a TSRP?
Essentially, a TSRP starts with a review of your inventory of reportable, toxic substances that you submitted to the MOE and the National Pollutant Release Inventory (NPRI) for the year prior. The TRA then requires that each TSRP include detailed descriptions of (1) plant processes that involve toxic substances, (2) where the toxic substances are “contained” in final product, and (3) whether the toxic substances can be reduced.
Based on some reports, it appears most companies have done a good job in completing their TSRPs; however, the MOE does have enforcement “teeth” with significant monetary penalties for those who don’t comply.
What is the MOE doing about non-compliance?
According to the 2014 Minister’s Report on Toxics Reduction, “…an important factor in determining compliance involves identifying regulated facilities. This is achieved by reviewing historical facility and discharge data from the federal government’s National Pollutant Release Inventory for the manufacturing and mineral processing sectors.”
This 2014 report goes on to say that this information is used to identify facilities with “potential reporting irregularities with the TRA reporting requirements.” When the MOE identifies a reporting irregularity, the facilities are contacted to confirm that the facility is subject to the TRA. When the MOE confirms that the facility has not met their TRA reporting requirements, “… a follow up is initiated by Environmental Officers using a graduated compliance approach.”
This graduated compliance approach, according to the report, “… begins with a letter sent to the facility and if required, may escalate to a site visit or inspection where Environmental Officers employ compliance and/or enforcement tools as set out in the Toxics Reduction Act, to ensure all requirements of the act and regulation are being met.”
What do I do to get into compliance?
Simply put, you must submit a certified TSRP plan to the MOE. A plan summary must also be created and made available online to the public. This plan must be signed by two individuals: the licensed planner and the highest ranking employee at the facility.
If you have questions about the Toxics Reduction Act or developing a TSRP, contact me by email at atymec@dragun.com or by phone at 519-979-7300, ext. 118. As a licensed TSRP planner, I can assist you in developing your plan, or just help you and your staff work toward compliance.