The Environmental Emergency Regulations in Canada date back several years. These regulations, as you likely know, are undergoing some changes. To date, there have been no shortage of comments from the regulated community regarding the potential amendments to the regulations (see summary of comments as of October 6, 2016).
Do these regulations apply to your company, and should you be concerned about these proposed amendments? At a minimum, you should be aware of the Environmental Emergency (E2) regulations, understand if they apply to your facility, and understand what the proposed amendments include. Here is some background on the E2 regulations.
Environmental Emergency Regulations Background
Part 8 of the Canadian Environmental Protection Act, 1999 (CEPA), was developed in response to potential environmental emergencies. The 1984 disaster in Bhopal, India, is often cited as the need for this type of regulation. The release of 40 tonnes of methyl isocyanate in Bhopal resulted in the deaths of an estimated 11,000 people.
Part 8 of CEPA gives the federal government various powers to address environmental emergencies. Sec. 200 allows the government to establish a list of substances that, if they entered the environment as a result of an environmental emergency, would
- Have or may have an immediate or long-term harmful effect on the environment or its biological diversity;
- Constitute or may constitute a danger to the environment on which human life depends; or
- Constitute or may constitute a danger to human life or health.
Do the E2 Regulations Apply to Your Company?
According to Environment and Climate Change Canada (ECCC), you must prepare an E2 plan if (note: bold text is their emphasis)
- Your facility has a substance listed in column 1 of Schedule 1 of the E2 Regulations (except for substances in paragraph 4(1)(b) of the E2 Regulations), and
- the total quantity of the substance on site equals or exceeds the threshold size (listed in column 3 of Schedule 1); and
- the substance is stored in a container that has a maximum capacity equal to or above the threshold stipulated;
OR
- Your facility has a substance in column 1 of Part 1 of Schedule 1 and is a component in a mixture, other than a mixture that is a substance set out in column 1 of Schedule 1, and
- the mixture is in a quantity that is equal to or exceeds 4.5 tonnes, and
- the mixture is in a storage container that has a maximum capacity equal to or exceeding 4.5 tonnes
You must submit to the Minister a notice of identification of substance and place if, at your facility,
- the total quantity of the substance on site equals or exceeds the threshold quantity; or
- the substance is in a quantity that is greater than zero and is stored in a container with a maximum capacity equal to or above the threshold.
Note that each E2 plan must be developed specific to each site and must address a wide range of potential hazards to the site. The E2 plan includes prevention, preparedness, response, and recovery. The plan must also include emergency training.
Proposed Amendments to E2
There are many proposed changes to the E2 regulations, including the addition of 49 new substances to Schedule 1, the amendment of the thresholds for 3 existing substances clarifying the requirements for “exercising your E2 Plan,” the inclusion of “uncontained substances,” the definition of a container system, and public notice clarifications of definitions. You can read more on the ECCC website.
As stated previously, there have already been many comments submitted regarding the proposed changes. We encourage you to read through the amendments and, if applicable, work with trade associations with which your firm may be involved to submit comments. The deadline to submit comments is December 7, 2016.
Should you need assistance in evaluating or developing an E2 plan for your facility, contact me (cpare@dragun.com) at 519-979-7300, ext. 114.