Recent Policy Decisions
Canada-Wide Standards for Dioxins and Furans
The Ministry of the Environment requested public comment on draft Canada-Wide Standards (CWS) for Dioxins and Furans during the period October 12, 2000 to November 26, 2000. These proposed standards set out emission limits and implementation deadlines for Waste Incinerators. These Standards were developed by the Canadian Council of Ministers of the Environment (CCME) through joint activity undertaken to further the aims of the Canada-Wide Environmental Standards Sub-agreement under the Canada-Wide Accord on Environmental Harmonization (signed January 1998) and are a step towards achieving virtual elimination for dioxins and furans.
The Ministry of the Environment proposes incorporating the requirements for new and expanding waste incinerators into a Guideline which will apply as Ministry policy to applicants seeking Certificates of Approval. The implementation plan for existing facilities will be developed over the next few months during and following the CCME review period.
Proposal to adopt Canada-wide Standards for Particulate Matter and Ozone
The Ministry of the Environment has agreed to adopt the Canada-wide Standards for Particulate Matter and Ozone. These standards were ratified by the Canadian Council of Ministers of the Environment on June 6, 2000.
Particulate matter (PM) and ozone are two of the six CWSs for airborne pollutants. They are being handled together since PM and ozone are associated with adverse health effects for a significant portion of the Canadian population. Recent research suggests that there is no threshold for these effects. Other adverse effects include reduced visibility due to PM in the atmosphere and vegetation damage due to elevated ozone levels.
In jurisdictions highly impacted by trans-boundary air pollution from the United States, achieving the CWSs will be strongly dependent on reductions of the trans-boundary contribution. Also, high background levels of PM and ozone generated by natural events (such as forest fires, natural formation and stratospheric intrusion) will need to be considered in assessing achievement of the CWSs.
The proposed CWS for PM is for the fraction of PM recognized as having the greatest effect on human health, the fine fraction or PM2.5. This will ensure that PM management efforts are focused on the sources of PM2.5 and related precursor emissions that provide the greatest health benefits. It is acknowledged that health effects are also associated with the coarser fraction of PM, the particulate matter that is less than 10 microns but greater than 2.5 microns, and that actions to reduce the concentrations of the coarser fractions in the atmosphere are needed. Reductions in ambient PM10 levels will occur as ancillary benefits from reducing PM2.5. In addition, some jurisdictions, Ontario included, currently have ambient air quality objectives, guidelines or standards related to the coarser fraction of PM. These will continue to be used to guide the design of air quality management programs. CWSs related to the coarser fraction may be a useful addition at a later date.
Acts
Toughest Environmental Penalties Act, 2000
A proposal to amend the penalty structure in the Environmental Protection Act and other acts was posted for comments on the EBR Registry, ending November 10, 2000. The Bill proposes the following changes:
i) increase the maximum fines for corporations from $1,000,000 to $6,000,000 per day on a first conviction and from $2,000,000 to $10,000,000 per day on a subsequent conviction;
ii) increase the maximum fines for individuals from $100,000 to $4,000,000 per day on a first conviction and from $200,000 to $6,000,000 per day on a subsequent conviction; and
iii) increase the maximum period of imprisonment for individuals from two years less a day to five years less a day.
The draft Bill, if passed, would amend the administrative penalty provisions of the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act to increase the maximum administrative penalty cap from $5,000 to $10,000 per day.
Regulations
Airborne Contaminant Discharge ? Monitoring and Reporting
The Ontario Ministry of the Environment (MOE) posted a proposed regulation titled Airborne Contaminant Discharge ? Monitoring and Reporting on the EBR on November 10, 2000 with a 30 day comment period (to December 10, 2000). This regulation will require facilities in the industrial, institutional, commercial and municipal sectors meeting specified application criteria to estimate and report emissions for any of the 358 contaminants? based on threshold values. The reporting program will be integrated with the National Pollution Release Inventory (NPRI) and will include several other substances (e.g., greenhouse gases). Each facility will be responsible for reporting the emission data to the MOE in an electronic format and for making the information available to the public.
From the November 10, 2000 posting, sources were to be regulated starting January 1, 2001. On December 28, 2000, the MOE posted a notice on the EBR stating that the regulation will not be finalized by the original target date of January 1, 2001?. The rationale for this decision was that reviewers almost unanimously requested an extension of the implementation date to allow data collection systems to be put in place to meet the requirements of the regulation? and that Reviewers also asked for further integration with the National Pollution Release Inventory (NPRI) program.?
Significant issues from the proposed regulation include:
- In Phase I, Class A sources (electricity generation) and Class B sources (other large sources) were to be regulated starting January 1, 2001.
- In Phase II, all sectors (Classes A, B and C) were to be regulated starting January 1, 2002.
- Reportable contaminants are listed by sector in the Guideline document.
- Emission data can be based on continuous emission monitoring systems (CEMS), source testing, predictive emission monitoring systems, mass balance, emission factors, emission estimation models or engineering calculations.
Large sources of SO2 and NOx, as defined by name plate capacity (design total energy input) and annual emissions, will be required to report emissions on a quarterly basis. - CEMS may be required for SO2 and NOx (NO and NO2) and other contaminants based on total energy input and total annual emissions and the data must be reported quarterly.
If an emission from a source does not exceed the reporting threshold, this must be identified in the report submitted to the MOE. - There will be an MOE fee for reporting (to be determined).
All reports and records of calculations must be kept for at least 7 years.
Revisions to the Air Quality Modelling Package In Regulation 346 (General ? Air Pollution)
The Ontario Ministry of the Environment is in the process of revising the air quality modelling package in Regulation 346 (General ? Air Pollution). These models are used in the Certificate of Approval (Air) process to determine compliance with the point of impingement standards in Schedule 1 of the Regulation. The present models are technically outdated and will most likely be replaced by the US Environmental Protection Agency (EPA) models. A best guess timeframe for issuing a draft document for stakeholder input is early 2001.
A 3-tier approach during the phase-in period has been informally discussed.
- Tier 1 ? use the Regulation 346 models and compare the predictions to a percentage of the standard to determine compliance
- Tier 2 ? use the US EPA screening model or the full-scale models with a representative meteorological data set to determine compliance.
- Tier 3 ? use the US EPA full-scale models with a site-specific meteorological data set to determine compliance.
The cost to run the US EPA screening model would be approximately the same order of magnitude as for the Regulation 346 model. If the full-scale models are required, the cost could be up to an order of magnitude higher.
It should be noted that under the Environmental Protection Act (section 9) equipment cannot be installed or operated until a Certificate of Approval (Air) has been issued by the Ministry of the Environment.
NPRI
Environment Canada published important changes to the reporting requirements for the NPRI for the 2000 reporting year in the Canada Gazette, Part 1 (December 25, 1999) and the 2000 Canada Gazette Amendment (December 23, 2000). Environment Canada has added dioxins/furans, hexachlorobenzene and polycyclic aromatic hydrocarbons to the NPRI at alternate reporting thresholds, and has lowered the reporting threshold for mercury and its compounds. These and other significant changes to the NPRI were implemented for releases in the 2000 reporting year, on which facilities report by June 2001. Four new substances were also added to the NPRI at the existing 10 tonne manufactured, processed or otherwise used threshold.
Guidance Documents
For the 2000 reporting year, Environment Canada has prepared two guidance documents to assist facilities in reporting to the NPRI. Both Guides must be used to determine if you are required to report to the NRPI, and when submitting a report. The final versions of both Guides will be posted on the NPRI web-site when available.
The 2000 Guide for Reporting to the NPRI explains the NPRI reporting requirements, describes each field in the reporting software, and outlines how to submit a report to the NPRI.
The Draft Supplementary Guide for Reporting to the NPRI – Alternate Thresholds – 2000 describes in detail the reporting criteria and requirements for the substances listed at alternate thresholds. The substances listed at alternate thresholds are mercury (and its compounds), 17 polycyclic aromatic hydrocarbons, dioxins/furans, and hexachlorobenzene (HCB).
The laboratory is accredited by CALA to ISO/IEC 17025 for specific tests on the scope of accreditation.