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2016 Monthly Environmental Compliance Posts
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...
read moreUS Election Results and Canadian Environmental Expectations
Trade between Canada and the United States (U.S.) is a pretty big deal for both countries. In fact, when you look at 15 of Canada’s top import partners, the US accounts for more than 75% of Canadian imports. So when national elections occur on either side of the border, those in business pay attention. With the US Presidential election now in the books, what are the potential implications as they relate to environmental issues? While we’ll all learn more after appointments are made and the President Elect has begun to shape actual...
read moreMicrobead Regulations Published in Canada Gazette
One of the lessons you learn early if you are involved in the environmental compliance world is that just because something isn’t regulated today, doesn’t mean it won’t be regulated tomorrow. Over a year ago, we shared with you the forthcoming changes regarding microbeads in Canada, “Legislating Changes in Microbead Use in Canada.” Microbeads were once not only permissible, but were widely used in consumer products, such as facial scrubs and toothpastes. Now microbeads are a Schedule 1 Toxic Substance in Canada, and their use in consumer...
read moreEmergency Planning Regulations in Canada
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...
read moreEnvironmental Enforcement Roundup
Several times each year, we provide some of our observations on environmental enforcement. The enforcement actions are owed to a variety of reasons from accidents, to oversight, to regulatory confusion, to what might be described as “self-inflicted.” With this said, here are some of our observations. Environmental Enforcement at a Refinery An oil refinery in Sarnia, Ontario, was fined $812,000 for an incident that resulted in a release of hydrogen sulfide. According to the September 21, 2016, Ontario Newsroom Release, “…a frozen flare...
read moreRegulatory Deadline for End-of-Life Vehicle Facilities
When an automobile reaches the end of its useful life, it faces the same relative fate all of the materials that we use face; they are disposed and, where applicable, recycled. Unlike simple household trash, disposal of vehicles poses a bit more of a challenge. The countless parts and components that are in our automobiles can pose an environmental threat if not properly managed. The various fluids, switches (that may contain mercury), paints and coatings (that may contain cadmium, nickel, and chromium), lead-acid batteries, brake pads...
read moreMOECC Seeking Feedback on Ontario’s Environmental Bill of Rights
The Ministry of Environment and Climate Change (MOECC) wants your comments. Specifically, they want your comments (by November 8, 2016) regarding the Ontario Environmental Bill of Rights (EBR). Ontario’s EBR (1993) protects the environment by, “…ensuring that the public is informed, engaged, and consulted on matters of environmental significance.” The MOECC is reviewing components of the EBR and is seeking public feedback. Comments on the Environmental Bill of Rights Some have already weighed in on this request for comments. For example,...
read moreVapour Intrusion Update
Understanding the vapour intrusion (VI) pathway and exposure is still a relatively “young issue” in the environmental sciences. Not only is it new-ish, it is also loaded with potential pitfalls, liability, and controversy. One of the reasons that VI receives so much attention is because, unlike dermal exposure, for example, chemicals typically enter the bloodstream more easily through inhalation. Furthermore, the chemicals that are associated with VI (TCE, benzene) are fairly pervasive. Vapour Intrusion in Ontario and other Jurisdictions...
read moreEnvironmental Violations and Fines in Ontario
While we haven’t gathered long-term data or plotted any trends as it relates to environmental enforcement in the Province of Ontario, there seems to be an uptick in enforcement news. The fines are not like we saw earlier this year following an explosion or at the seven-figure level that my colleagues in our US office have seen (see our July 13th blog for our US office); however, any environmental enforcement is “bad news” and can create some public relation challenges. With that said, here are some observations regarding enforcement in...
read moreOntario GHG Program: Potential Resources for Regulated Community
In our blogs, GHG Cap and Trade: Details Continue to Emerge and Despite Calls for Change – GHG Cap and Trade is Here, we provided some of the details about who is regulated by the approaching (Ontario) Greenhouse Gas Cap and Trade Program. We wanted to provide some additional resources for small and medium size companies who may be hustling to assess the applicability and may be looking for resources. The information below is from the SMART Green funding program. Thanks to Stephanie McCallum, Government Liaison, Canadian Association for...
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