December (2015) – Environmental Compliance Approval
How do I know if the Ministry of the Environment and Climate Change (MOECC) will require that I obtain an Environmental Compliance Approval (ECA) for a discharge from my facility?
The bar is pretty low for requiring an ECA in Ontario. According to the MOECC, “If a business’s activities impact the natural environment, that business needs an approval from the Ministry of the Environment (and Climate Change) to operate legally in Ontario.” The basic rule is that if you currently discharge, or are going to discharge, a “pollutant” to the environment, you need an ECA. If you are contemplating adding a new “process” or “modification” to an existing process, your ECA needs to be re-evaluated.
January – National Pollutant Release Inventory (NPRI)
As you begin the New Year, it’s time to think about your NPRI reporting obligations… what are those obligations?
According to Environment Canada “If one or more NPRI substances was manufactured, processed or otherwise used at the facility during the year, and the total number of hours worked at the facility exceeded the 20,000 hour employee threshold (approximately 10 full-time employees), you will need to determine the total amount of each NPRI substance at your facility during that calendar year.”
February – Toxic Substance Reduction Plan (TSRP)
When do I have to update my (ON) Toxic Substance Reduction Plan?
Every 5 years you are required to update your Toxic Substance Reduction Plan (TSRP). The first deadline to update your TSRP is coming in 2018. There are a couple of caveats to this rule. You may have to update your plan if (1) your chemical use changes or (2) there are regulatory changes by Environment Canada adding chemicals (to the NPRI list) that you use at your plant. You also have annual progress reporting requirements.
March – NPRI
June 1st is your reporting deadline for NPRI. Make sure you know which substances are on the NPRI list.
Currently, there are over 300 substances with a variety of threshold reporting requirements. For example, if you manufacture, process, or otherwise use (MPO) as little as 5 kilograms of mercury, you may have to report this substance to NPRI. However, it may require as much as 10 tonnes of aluminum MPO before you are required to report. We suggest that you check Environment Canada’s List of NPRI Substances for 2014 and 2015.
April – Reporting Spills
What information will the MOECC Spills Action Centre require if I have a spill (chemicals, oils, etc…)?
First, you must report a spill if the spill is causing harm to a person, injures or damages property or animal life, impairs air, water, or soil quality, causes an adverse effect, renders property, plant, or animal life unfit for use, results in loss of enjoyment of the normal use of a property, or interferes with the normal conduct of business.
Second, when you notify the MOECC Spills Action Centre (SAC) at 1-800-268-6060, you will need to be prepared to report the following information: 1) Your name and phone number, company name, and responsible person, 2) time and location of spill, 3) type and quantity of material (if known) 4) status of spill, including actions taken.
May – Designated Substance Survey
When am I required to do a Designated Substance Survey?
In general, you will want to consider a Designated Substance Survey (DSS) if there is a potential for exposure (i.e., renovation, demolition, etc.) to the specified substances (e.g., silica, mercury, lead). A DSS will protect workers and reduce the likelihood that the Ontario Ministry of Labour will issue a stop order.
June – Domestic Substance List
If you are expanding your operations or adding a new product line, don’t forget this.
If you are expanding your operations, adding a new product line, or doing anything that will involve new chemical substances, make sure you check the Domestic Substance List . According to Environment and Climate Change Canada, “It is crucial that notifiers determine whether the substance to be imported into or manufactured in Canada is listed on the DSL or on the Non-domestic Substances List (NDSL).” If the substance in your new process does not appear on the DSL, it is considered to be new to Canada and is subject to notification.
July – Environmental Compliance Approval with Flexibility
What is an ECA with LOF?
Environmental Compliance Approval (ECA) with Limited Operational Flexibility (LOF) was previously referred to as a Basic Comprehensive Certificate of Approval. As the name implies, the ECA with LOF allows for more operational flexibility while potentially avoiding permit amendments. This means you may have the opportunity to make limited in-house changes to your operations (e.g., as your business grows or requires updating) without re-submitting an ECA application. As with all permitting and planning, there is strategy involved in crafting workable plans for your facility.
August – Avoiding Delays in an Environmental Compliance Approval
Failure to consider this in your Environmental Compliance Approval (ECA) can lead to unnecessary delays.
Noise. According to the MOECC, failure to consider noise in your ECA is one way that approvals are delayed. ECAs are not rocket science, but you must have a well-documented and detailed application if you hope to avoid delays.
September – Avoiding TSSA Delays
If you are closing/upgrading/renovating your public or private fueling systems, don’t make this mistake in the environmental assessment.
In Ontario, if you store and/or handle gasoline, diesel, fuel oil, or other associated products at your facility and you discover that these petroleum products have escaped, you are “directed” to use the Technical Standards and Safety Authority (TSSA) Environmental Management Protocol (EMP) guidance document.
O.Reg. 511/09 (which amended O. Reg. 153/04) and the EMP contain a total of nine possible Site Condition Standards (SCS) from which to select. The soil and water quality laboratory data collected at a facility are compared to these SCS. The TSSA requires Qualified Professionals (QPs) to include “justification” for the SCS selected. By providing this rationale, the TSSA can evaluate the work and (hopefully) concur that the consultant has completed an adequate assessment of site conditions or adequately remediated the site.
According to the TSSA, this justification is often missing, delaying the approval process.
October – Domestic Substance List
The product I’m getting ready to import has a chemical that is not on the Domestic Substance List. What do I do?
You must contact Environment Canada if you plan to import or manufacture a substance subject to notification under “The Regulations.” You will also be required to provide Environment Canada with a New Substances Notification (NSN) package containing all information prescribed in the Regulations prior to import or manufacture.
November – Permit to Take Water
Were there changes in the Permit to Take Water Regulations in Ontario?
Yes. These changes were final on March 29, 2016. Specifically, the changes affect surface water taking for road construction purposes (e.g. dust control and compaction) and dewatering for construction activities (of less than 400,000 litres per day).
The PTTW for these activities move from the Environmental Compliance Approval program to the Environmental Activity and Sector Registry (EASR). Also, your water taking report must be prepared by a Qualified Person. We encourage you to read the details found here: Water taking and transfer user guide: clarifications and exemptions or contact Christopher Paré (cpare@dragun.com).