ARCHIVED — Vol. 150, No. 41 — October 8, 2016

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Environmental Emergency Regulations, 2016

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In order to determine if substances pose risks to the environment and to human life and health as a result of a release to the environment, the Department of the Environment (the Department) completes risk assessments for numerous substances. The recent assessments of 49 substances concluded that any of these substances, if released, could result in an environmental emergency that would pose unacceptable risks. These substances were identified as having risks such as carcinogenicity, corrosiveness, inhalation hazards, the possibility of explosions or pool fires, and aquatic toxicity. (see footnote 1) At present, there is no obligation for persons to mitigate the risks to the environment and human life and health associated with these substances in use at land-based, fixed facilities. For example, in the case of an environmental emergency, there is no obligation for persons to report spills or releases of these substances to public safety organizations or the Department, which could lead to an inappropriate or ineffective response to the emergency.

In addition, ongoing administration of the current Environmental Emergency Regulations (the current Regulations), which were last modified in 2011, has identified certain provisions that are in need of clarification. These provisions include those relating to public notification and the exercising (testing) of environmental emergency plans, as well as other provisions that need to be reinforced to improve overall environmental emergency management. The need to improve the quality and timeliness of the information submitted by regulated parties to the Department has also been identified through this ongoing administration of the current Regulations. It is essential that efforts be made to increase the reliability of this information, as it is used by both the Department and authorized public safety organizations to better manage the risks posed by regulated hazardous substances in Canada.

Background

Part 8 of the Canadian Environmental Protection Act, 1999 (CEPA) is dedicated to environmental matters related to emergencies, primarily in response to the 1984 disaster in Bhopal, India, in which 40 tonnes of toxic gas were released. As a result of this release, an estimated 11 000 people died, and over 500 000 people were injured from direct exposure and longer-term gas-related disease. The development of Canada’s current Regulations was later triggered by the terrorist attacks of September 11, 2001, in the United States. The current Regulations first came into force on November 18, 2003, and were later amended on December 8, 2011. (see footnote 2)

Examples of recent environmental emergencies in Canada

Despite emergency management planning, spills and accidents still occur. Recent examples of accidents involving substances that have hazards similar to those of the 49 substances recently assessed by the Department and determined to pose unacceptable hazards to the environment and human life and health include an explosion at a propane facility in Ontario in 2008, resulting in two fatalities, as well as property and environmental damages totalling millions of dollars; a release of a significant quantity of hydrochloric acid in Alberta in 2012, resulting in environmental damages and penalties costing hundreds of thousands of dollars; a release of ammonia at a food-processing plant in Ontario in 2015; and several recent fires and explosions involving petroleum compounds that resulted in worker injuries, evacuations and over a billion dollars in damages in Alberta.

With effective emergency planning and response procedures in place, the impacts of an accident or spill can be mitigated, for example through the use of spill containment devices. The containment of a release of a significant amount of titanium tetrachloride from an industrial facility in the province of Quebec in 2015 is a recent illustration of a regulated party complying with the current Regulations and effectively mitigating an environmental emergency. The release was contained and only a small portion of the initial release was actually released to the environment, as the facility followed an existing environmental emergency plan registered with the Department.

Canada’s current Environmental Emergency Regulations

The current Regulations are essential to Canada’s four pillars of environmental emergency management: prevention, preparedness, response and recovery. Schedule 1 of the Regulations (the list of substances) lists substances that have been determined to be hazardous, and the Regulations include specific requirements that apply to regulated parties (persons and companies) owning or having the charge, management or control of a substance listed in Schedule 1.

The risk assessment of substances is based on substance storage quantities and the risk of acute exposure resulting from an unplanned release of the substance. (see footnote 3) To determine if a substance is a candidate for addition to Schedule 1 of the Regulations, the Department conducts risk evaluations based on the following hazard categories:

  • substances representing physical hazards, such as those that are combustible or oxidizers, or those that could cause vapour cloud explosions or pool fires;
  • substances representing hazards to human life and health, such as those that are inhalation hazards, carcinogenic or corrosive; and
  • substances representing environmental hazards, such as those that are corrosive, persistent or aquatically toxic, or substances that accumulate in various tissues of living organisms (bioaccumulate).

Under the current Regulations, regulated parties must submit a notice (report) to the Department when either (i) the quantities of regulated substances, or (ii) the capacities of containers present at a facility or place that are used to contain regulated substances, meet or exceed regulated thresholds. If the regulated thresholds for both the substance quantity and the container capacity are met or exceeded, then regulated parties are required to prepare and test environmental emergency plans and to submit supplemental reports to the Department confirming that they have prepared and tested those plans.

To date, approximately 4 700 facilities have reported to the Minister of the Environment (the Minister) that they are presently subject to the current Regulations. Of these facilities, approximately 2 900 are required to prepare, implement, test and update environmental emergency plans. Approximately 75% of the estimated 4 700 regulated parties operate in the provinces of Ontario (30%), Alberta (25%) and Quebec (20%).

Compliance with the Regulations assists persons and companies in mitigating the potential costs of an environmental emergency by requiring that they develop environmental emergency plans, when the applicable thresholds are met, to efficiently respond to and recover from incidents that may occur involving the release of hazardous substances. The environmental emergency plan must provide details on prevention, preparedness, response, and recovery measures in the event of an environmental emergency. Environmental emergency plans are risk management tools. In the event of an uncontrolled, unplanned or accidental release of a hazardous substance into the environment, they allow the regulated community to plan for and manage the consequences of such a release.

Results of the current Regulations

Since 2003, the current Regulations have led to many changes in behaviour and operation in regard to the use and handling of regulated substances. To meet the requirements of the Regulations and to reduce the potential for significant impacts resulting from spills or accidents, regulated parties have reformulated their products, reduced on-site quantities of regulated substances, changed processes to increase safety, and created guidelines detailing how to create and implement an emergency management program. In addition, several municipalities in the province of Quebec have established multi- stakeholder committees with representatives from industry and municipal, provincial and federal governments, in order to manage the risks of accidents involving hazardous substances.

The information provided by regulated parties through the regulated notification is used to monitor compliance with the current Regulations, customize compliance promotion and enforcement activities, and assist public safety organizations, such as first responders, to prepare for and respond to chemical accidents. Public safety organizations in Canada, including police and fire departments and emergency management organizations, have received authorization from the Department to access the information concerning regulated parties.

The performance information provided in the Department’s latest Departmental Performance Report indicates that approximately 90% of the required environmental emergency plans are in place. (see footnote 4) The Department will continue efforts to reach its target of full implementation of the required environmental emergency plans.

Objectives

The objective of the proposed Environmental Emergency Regulations, 2016 (the proposed Regulations) is to further enhance environmental emergency management in Canada. Improved environmental emergency management would be introduced through the addition of 49 hazardous substances to Schedule 1 of the Regulations. This addition would require reporting on these substances, environmental emergency planning for higher-risk facilities, and reporting of spills or releases involving these substances that are environmental emergencies.

As well, the proposed Regulations aim to clarify and strengthen existing regulatory requirements and to ensure that the information available to public safety organizations and to the Department is reliable, in order to further enhance environmental emergency management in Canada.

Description

The current Regulations would be repealed and replaced by the proposed Regulations. The proposed changes to the current Regulations are described below.

Components related to the strengthening and updating of the current Regulations
Exercising of environmental emergency plans

In the cases where an environmental emergency plan is required, the proposed Regulations would require that at least one component of the plan be exercised each calendar year once the plan has been brought into effect. The extent of the exercises must be such that the entire plan is tested within a five-year period.

Public notification

The proposed Regulations would contain strengthened provisions requiring that the public be notified of the possibility and potential consequences of an environmental emergency, as well as of the measures that would be taken by the regulated party to protect human life and health and the environment in the event of an environmental emergency. The proposed Regulations would also contain strengthened provisions requiring that the public be provided with information and guidance on actions to be taken before, during, and after such an emergency.

Consolidation of parts 1, 2 and 3 of Schedule 1

Schedule 1 currently contains a list of substances presented in three parts. Part 1 lists substances that are likely to explode, Part 2 lists substances that are hazardous when inhaled, and Part 3 lists other hazardous substances. To improve the clarity of the current Regulations and allow for easier identification of substances, the proposed Regulations would modify Schedule 1 to consolidate all three parts into a single list of substances, expand the hazard categories and specify the threshold quantities.

Requirement to activate an environmental emergency plan that includes adequate measures

Under the proposed Regulations, each regulated party required to prepare an environmental emergency plan would need to make certain that the plan is adequate to address emergency situations that could occur at their respective location. This provision would serve to ensure that regulated parties have adequately identified scenarios that could occur and have appropriately planned how to respond to and recover from potential environmental emergencies. In the event of an environmental emergency, regulated parties would be required to activate the measures set out in the applicable environmental emergency plan.

Periodic reporting requirements

Regulated parties that meet the threshold for preparing an environmental emergency plan would be required to submit periodic reports every three years with updated information. Regulated parties that meet the threshold for submitting a notice regarding substances located at a place, but not the threshold for preparing an environmental emergency plan, would be required to submit periodic reports every five years with information relating to essential company and substance information. These periodic reporting requirements would be introduced so that departmental officials and authorized public safety organizations involved in environmental emergency preparedness and response have rapid access to an up-to-date national database of facilities that have the ownership, or the charge, management or control, of substances listed in Schedule 1 on site and that may have environmental emergency plans in place.

Modifications to threshold quantities

The proposed Regulations would also modify the threshold quantities to reflect updated risk assessments for three substances — hydrochloric acid, nitric acid and hydrobromic acid — that are currently listed in Schedule 1. Based on their classification as strong acids, the respective threshold for each of these substances is being reduced from 6.8 t to 3 t. The threshold for hydrobromic acid in the current Regulations was erroneously indicated as 1.13 t. The proposed Regulations would correct that error by aligning the threshold for hydrobromic acid with that of the other strong acids (3 t).

Written reporting

The information to be included in the written report respecting the occurrence of an environmental emergency would be moved from within the text of the current Regulations to a new schedule (Schedule 8) in the proposed Regulations to improve clarity.

Exclusions

The proposed Regulations would contain an exclusion provision under the definition of substances for those substances within pipelines and facilities that are regulated under the National Energy Board Onshore Pipeline Regulations and the National Energy Board Processing Plant Regulations. The National Energy Board is the lead federal regulatory agency responsible for approval of federal pipelines, and oversight of associated safety and security management programs, environmental protection program requirements, and the reporting and management of pipeline incidents. The existing exclusion provisions in the current Regulations for substances that are regulated under the Transportation of Dangerous Goods Act, 1992 and the Canada Shipping Act, 2001 would be maintained in the proposed Regulations.

The proposed Regulations would also contain an exclusion provision under the definition of substances for those substances used for on-site heating and power generation purposes, when persons or companies do not meet the thresholds for the substance quantity or the container capacity in Schedule 1. Examples of these substances are fuel oil, No. 2, which is often used as home heating fuel, and diesel fuel.

Other modifications

Based on comments from the Standing Joint Committee for the Scrutiny of Regulations and other stakeholders, the proposed Regulations would address certain issues in the current Regulations, such as the use of metric units; the equivalence of French and English terms; and the need to clarify the term “location of release” in the written report concerning the occurrence of an environmental emergency.

Transitional provision

The proposed Regulations contain a transitional provision that would require all regulated parties to submit mandatory company and substance information within one year after the coming into force of the proposed Regulations. This provision would serve to ensure that the Department has an accurate and up-to-date database of company and substance information for use by the Department and authorized public safety organizations involved in environmental emergency preparedness and response.

Addition of 49 substances to a consolidated Schedule 1

The proposed Regulations would add the 49 substances identified in Table 1 to the consolidated Schedule 1. Persons and companies that have the ownership, or the charge, management or control, of these substances at or above regulated thresholds would be required to provide company and substance information. If the regulated thresholds for both the quantity and the container capacity are met, persons and companies would need to either develop an environmental emergency plan or amend an existing plan to account for the newly listed substances and new regulatory requirements.

Table 1: Substances to be added to Schedule 1

Name of substance

Chemical Abstracts Service (CAS) registry number

1,2-benzenediol (catechol)

120-80-9

acrylamide (2-propenamide)

79-06-1

ammonium hydroxide (ammonia, solution)

1336-21-6

antimony oxide

1309-64-4

barium hydroxide, solution

17194-00-2

benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene

68921-45-9

benzyl chloride (benzene, (chloromethyl)-)

100-44-7

bisphenol A (phenol, 4,4′-(1-methylethylidene)bis-)

80-05-7

C.I. Pigment Yellow 34

1344-37-2

calcium hydroxide, solution

1305-62-0

cesium hydroxide, solution

21351-79-1

chloric acid

7790-93-4

cobalt chloride (cobalt(II) chloride)

7646-79-9

crude oil, oil sand

128683-25-0

decanedioic acid, bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester

41556-26-7

dioxane (1,4-dioxane)

123-91-1

distillates, petroleum, hydrodesulphurized full-range middle

101316-57-8

distillates, petroleum, hydrodesulphurized middle

64742-80-9

distillates, petroleum, sweetened middle

64741-86-2

ethylene glycol monoethyl ether acetate (ethanol, 2-ethoxy-, acetate)

111-15-9

ethylene glycol monomethyl ether acetate (ethanol, 2-methoxy-, acetate)

110-49-6

fuel oil, No. 2

68476-30-2

fuel oil, No. 4

68476-31-3

fuel oil, No. 6

68553-00-4

fuel oil, residual

68476-33-5

fuels, diesel

68334-30-5

fuels, diesel, No. 2

68476-34-6

hexane

110-54-3

hydriodic acid

10034-85-2

hydroquinone (1,4-benzenediol)

123-31-9

lithium hydroxide, solution

1310-65-2

methylium, [4(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]-, acetate

72102-55-7

naphtha, petroleum, full-range alkylate, butane-containing

68527-27-5

naphtha, petroleum, sweetened

64741-87-3

natural gas, petroleum, raw liquid mix

64741-48-6

natural gas condensates

68919-39-1

natural gas condensates, petroleum

64741-47-5

perchloric acid

7601-90-3

petroleum crude oil

8002-05-9

phenol 2,4,6-tris(1,1-dimethylethyl)-

732-26-3

phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)-

17540-75-9

phosphoric acid, tributyl ester

126-73-8

potassium hydroxide, solution

1310-58-3

rubidium hydroxide, solution

1310-82-3

sodium hydroxide, solution

1310-73-2

strontium hydroxide, solution

18480-07-4

sulphuric acid

7664-93-9

sulphuric acid, cobalt(2+) salt (1:1)

10124-43-3

vanadium pentoxide (vanadium oxide)

1314-62-1

“One-for-One” Rule

Administrative burden costs are anticipated to increase due to the proposed Regulations since new reporting requirements would be introduced and since the number of regulated parties would rise to some extent following the addition of substances to Schedule 1. (see footnote 5)

Given the estimated increases in administrative burden, the proposed Regulations are considered an “IN” under the “One-for-One” Rule; therefore, they would require equal and offsetting reductions in administrative costs imposed by other federal regulations. (see footnote 6) As the proposed Regulations would repeal the current Regulations and would replace them with a new regulatory title, there would be no requirement to repeal other existing regulations.

Currently, whether they are required to prepare environmental emergency plans or not, regulated parties must submit to the Minister a notice on a one-time basis containing basic company and substance information. Regulated parties must also submit information on environmental emergency plans, if they are required, and the testing of those plans. The proposed Regulations would maintain the submission of basic company and substance information and environmental emergency plans and testing notices, and also introduce periodic reporting to provide updates relating to company information, quantities of substances, and environmental emergency plans, if they are required.

Specifically, regulated parties that must prepare an environmental emergency plan would be required to submit to the Minister, every three years, a report containing any updated information regarding the plan. Further, regulated parties that do not have to prepare an environmental emergency plan would be required to submit to the Minister, every five years, a report containing any updated information relating to the identification of places and quantities of substances. The Department intends to communicate with regulated parties to remind them of upcoming due dates associated with their respective reporting requirements. In addition, the Department is in the process of updating its online reporting system to minimize the additional administrative burden imposed by the new reporting requirements.

Overall, the proposed Regulations would introduce a new net administrative burden of approximately $147,000 in annualized average costs to all regulated parties. Net administrative impacts per stakeholder are estimated to be, on average, about 45 minutes (0.75 hours) per year for approximately 5 000 stakeholders, which corresponds to approximately $30 in annualized average costs per stakeholder when allocated over the first 10 years of administrative cost impacts (2016–2025). (see footnote 7)

Small business lens

The small business lens applies since most stakeholders that would be affected by the listing of the 49 additional substances with environmental emergency risks in Schedule 1 of the proposed Regulations are considered small businesses. (see footnote 8) In particular, following an examination of information from the North American Industry Classification System (NAICS), it is estimated that the proposed Regulations would implicate an additional 300 to 400 businesses, along with the existing 4 700 regulated parties across Canada. Approximately 95% of these stakeholders are small businesses. (see footnote 9)

Consultations were held with current and potential stakeholders prior to the publication of the proposed Regulations in the Canada Gazette, Part I. Stakeholders, including small businesses, were generally supportive of the proposed Regulations.

Regulatory flexibility analysis statement

The proposed Regulations would modify the existing administrative requirements such that it would be necessary for regulated parties to submit information and reports to the Minister on a recurring basis, beyond the submission of initial notices and reports, detailing their activities with respect to environmental emergency planning.

For the purposes of analyzing possible avenues through which the administrative costs projected to be imposed on businesses by the proposed Regulations could be minimized, two regulatory options were considered for all businesses (small, medium and large): an initial option and a flexible option.

Under the initial option, it would be necessary for regulated businesses that do not have to prepare environmental emergency plans to submit information concerning the identification of places and quantities of substances once per year after the submission of the initial notice. For businesses that must prepare environmental emergency plans, it would be necessary to report on their plans once per year after the submission of the initial report.

Under the flexible option, it would be necessary for regulated businesses that do not have to prepare environmental emergency plans to submit information concerning the identification of places and quantities of substances once every five years after the submission of the initial notice. For businesses that must prepare environmental emergency plans, it would be necessary to report on their plans once every three years after the submission of the initial report.

Table 2 describes the two categories of businesses used in this flexibility analysis, and the options considered for these businesses with respect to the submission of information and reports beyond the initial notices and reports required under the status quo.

Table 2: Description of options considered for businesses regarding administrative requirements

Category of business

Status quo

Initial option

Flexible option

Businesses that are not required to prepare environmental emergency plans

Businesses must submit an initial notice that contains information relating to the identification of places and quantities of substances.

Following the submission of the initial notice, these businesses would be required to submit information once per year (annual reporting on the identification of places and quantities of substances).

Following the submission of the initial notice, these businesses would be required to submit information once every five years (quinquennial reporting on the identification of places and quantities of substances).

Businesses that are required to prepare environmental emergency plans

Businesses must submit an initial notice that contains information relating to the identification of places and quantities of substances, as well as two initial reports pertaining to the environmental emergency plan.

Following the submission of the initial reports, these businesses would be required to report once per year (annual reporting on environmental emergency plans).

Following the submission of the initial reports, these businesses would be required to report once every three years (triennial reporting on environmental emergency plans).

The status quo would be maintained with respect to compliance requirements under both the initial and flexible options. It would therefore still be necessary for businesses to prepare, implement, test and update environmental emergency plans. As a result of the addition of the 49 substances to Schedule 1 of the proposed Regulations, approximately 170 businesses would be required to prepare a new environmental emergency plan at an estimated unit cost of $14,000, while about 120 businesses would be required to update an existing plan at an estimated unit cost of $5,000. Further, it would be necessary for the businesses preparing new environmental emergency plans to test their plans on an annual basis. In particular, full-scale plan testing would be required once every five years. The estimated one-time cost of full-scale testing would vary depending on the size of the facility in question, as follows: $3,000 for small-sized facilities; $5,000 for medium-sized facilities; and $10,000 for large-sized facilities. Limited plan testing would need to be conducted once per year during the four years that full-scale testing is not conducted, at an estimated one-time cost of $1,000. (see footnote 10)

Table 3: Regulatory flexibility analysis

 

Initial Option
(annual reporting)

Flexible Option
(triennial/quinquennial reporting)

Total number of businesses

5 054

5 054

 

Annualized value

Present value

Annualized value

Present value

Total compliance costs

$650,000

$4,600,000

$650,000

$4,600,000

Compliance costs per business (290)

$2,200

$16,000

$2,200

$16,000

Total administrative costs

$440,000

$3,100,000

$190,000

$1,400,000

Administrative costs per business (5 054)

$90

$610

$40

$270

Total costs

$1,100,000

$7,600,000

$840,000

$5,900,000

Total cost per business (5 054)

$220

$1,500

$170

$1,200

Risk considerations

No incremental risks exist under the initial option. Relative to the initial option, the database used by the Department and authorized public safety organizations for the purposes of environmental emergency preparedness and response would not be updated as often. However, any risk to the environment or to human life and health resulting from information concerning regulated parties, substances and planning activities not being updated on an annual basis is anticipated to be minimal. This risk is considered low and manageable, as higher-risk facilities would still be required to submit information every three years, at a minimum.

Notes: The values presented in this table are calculated using an analytical time frame of 2016 to 2025, 2012 dollars, a discounting (present value) base year of 2016 and a 7% discount rate. Totals may not add up due to rounding to two significant digits.

Table 3 provides the expected costs to all businesses under the initial and flexible options. Under both of these options, the annualized compliance costs to businesses are expected to be approximately $650,000 relative to the status quo. The initial option would result in annualized administrative costs of about $440,000, while the flexible option would result in annualized administrative costs of approximately $190,000. Thus, the increase in total annualized costs to businesses under the initial option is approximately $1,100,000, whereas the increase in total annualized costs to businesses under the flexible option is about $840,000.

Relative to the initial option, there would be a decrease in the amount of information submitted to the Minister under the flexible option. However, relative to the status quo, a significant increase in the amount of information submitted concerning places, quantities of substances and environmental emergency plans is anticipated under the flexible option. The flexible option is still expected to allow for enhanced identification of regulated parties, compliance monitoring and enforcement of the regulatory requirements, without the additional administrative costs associated with businesses reporting to the Minister annually on places and quantities of substances or on environmental emergency plans. For these reasons, the flexible option is incorporated into the proposed Regulations.

Consultation

Consultation prior to publication of the proposed Regulations in the Canada Gazette, Part I

The preliminary consultations for the proposed Regulations were officially launched on November 19, 2013, and concluded on April 14, 2014. (see footnote 11) The consultations were conducted in two stages. In November 2013, a letter of intent to consult, inviting stakeholders to participate in the consultations, was distributed to stakeholders and posted on the CEPA Environmental Registry. (see footnote 12) The invitation was sent by email to approximately 17 000 stakeholders and by mail to an additional 400 stakeholders regulated by the current Regulations. Stakeholders were invited to provide any required corrections to their contact information as well as their preferred means of contact during the preliminary consultations. In March 2014, stakeholders were provided with the opportunity to submit comments on the contents of the proposed Regulations. The stakeholder list included parties regulated by the current Regulations; parties indicating their involvement with some of the 49 substances proposed for addition to Schedule 1 through information gathering activities conducted by the Department; parties regulated under the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, and therefore likely to be involved with some of the proposed 49 substances; potential regulated parties in the Department’s compliance promotion customer relationship management system; aboriginal organizations; municipalities; provincial, territorial and other federal government organizations; and stakeholders from the oil and gas industry in Canada.

A letter was also sent by email to the members of the CEPA National Advisory Committee. (see footnote 13) Efforts were made to ensure that all stakeholders potentially impacted were reached and given the opportunity to participate in the consultation process.

Five webinars were offered by the Department in March 2014 in English and French for public participation. By the conclusion of the consultation period, the Department received 700 individual comments through an online feedback form, as well as 40 written submissions. Stakeholders were largely supportive of the proposed Regulations. The comments received helped to identify areas needing clarification and areas of concern for regulated and other interested parties. A summary of the comments received and responses to those comments is available on the Department’s Web site. (see footnote 14) Following an assessment of some of the concerns raised, the Department determined that changes to the proposed Regulations could be made without endangering human life and health, or the environment. Accordingly, the Department has made numerous changes to the proposed Regulations, as described below.

Providing threshold quantities for environmental emergency reporting

Generally, respondents were in favour of indicating notification and reporting release thresholds in the proposed Regulations. A large number of comments recommended harmonizing the requirements with existing reporting requirements.

The current Regulations do not specify any quantified thresholds for written reporting of releases of substances into the environment. Therefore, all environmental emergencies involving a regulated substance must be reported in writing under the current Regulations. The Department has undertaken a review of provincial regulations as well as the federal Transportation of Dangerous Goods Regulations (TDGR). Some provincial governments have identified quantified thresholds, while others have not. The TDGR thresholds are based primarily on public safety, whereas the current and proposed Regulations primarily consider the environment and human health and life. Given these different policy intents, the proposed Regulations would not be aligned with the TDGR with respect to spill reporting thresholds, and a spill reporting threshold would not be assigned for regulated substances. Written spill reporting would continue to be required in the proposed Regulations for releases of substances listed in Schedule 1 constituting environmental emergencies, as defined in section 193 of CEPA.

Administrative burden related to annual reporting

During the preliminary consultations, stakeholders were asked to provide feedback on the proposed annual reporting requirements concerning (i) the identification of places and quantities of substances and (ii) environmental emergency plans. Commenters generally thought that the annual submission of reports would be very burdensome for both industry and the Government, and that the Department would need to update and overhaul the current online reporting system to accommodate the requirement to submit data on an annual basis. Other stakeholders agreed with the need for accurate, timely data; however, they suggested changing the resubmission timeline to every two or three years.

Given the importance of having accurate and timely information related to regulated parties and substances, the suggestion to eliminate the resubmission of reports was not considered to be appropriate. The Department proposes to add a new, one-time requirement to resubmit the information previously submitted to the Department (in one combined new schedule), within one year of the coming into force of the proposed Regulations. Also, the Department proposes to add a new requirement for reporting every three years for regulated parties that have environmental emergency plans, and for reporting every five years for regulated parties that are not required to prepare an environmental emergency plan.

These requirements would apply to all regulated parties. Nevertheless, given that approximately 95% of regulated parties are deemed to be small businesses, the proposed flexibilities concerning periodic reporting requirements are considered to be an accommodation for small businesses.

Thresholds for strong acids and bases

The main concern relating to the addition of strong acids and bases to Schedule 1 was that the potential minimum quantity threshold of 0.22 t was too low. Other comments indicated that these substances are already regulated under other legislation; that these substances do not pose significant risks; and that concentration should be used, rather than pH, to determine if these substances are to be added to Schedule 1.

In light of the comments received, the proposed quantity threshold for individual strong acids and bases would be changed to 3 t. This is the threshold quantity identified for the requirement to create an Emergency Response Assistance Plan for strong acids and bases under the Transportation of Dangerous Goods Act, 1992. Also, the proposed concentration limit for individual strong acids and bases would be changed from 1% to 0.1%. This change would ensure that any acid or base meeting the applicable pH limit, but at a concentration of less than 1%, is not excluded from the regulatory requirements.

Exemption for Portland cement

Comments received included a suggestion to exempt Portland cement (Chemical Abstracts Service [CAS] Registry No. 65997-15-1) from the proposed Regulations since any strong base that might be present in the cement would be encapsulated once the cement hardens; therefore, the substance is not considered to have an emergency pathway. The Department has assessed this comment and agrees that the cement mixed with a strong base is not considered to have an emergency pathway because the hydroxide combined with the cement slowly sets and hardens to bind the material into a stronger aggregate. Given the normal usage of the cement, and the time it takes to set into a hardened material (about 24 hours), it is highly unlikely that the material will be released to the aquatic environment in its binding state. In addition, the material is not explosive or flammable and there is no inhalation hazard.

In light of this information, the Department is proposing that strong acids and bases that are present in mixtures containing Portland cement be exempt from the proposed Regulations. This exemption would only apply to the substance once it is in the cement. If quantity thresholds are met, emergency planning would still be required for the quantities of strong acids and bases in storage, prior to their addition to the cement.

Clarification of unpackaged or uncontained substances

Comments received suggest that respondents are in agreement with the concept of including bulk material, but that the term “bulk material” may not be understood, or may be misconstrued as large quantities of material, and not the intended definition of large quantities of uncontained material.

The Department intends that the proposed Regulations would apply to “bulk material” that is loose, kept in piles, or otherwise uncontained or unpackaged. Quantities of a regulated substance that are present at a facility but are uncontained (e.g. “unpackaged” or “bulk material”), and that are distributed in one or more piles at a facility, must be included in the calculation for expected maximum quantities on site. The Department has altered the wording in the proposed Regulations to describe these types of materials as being “not contained in a container system.”

Requirement to have an updated material safety data sheet in a plan

The proposed Regulations included a requirement that an environmental emergency plan contain an up-to-date material safety data sheet (MSDS). Commenters indicated that it is better to incorporate all necessary response information into an environmental emergency plan. The requirement to have an MSDS may prompt some regulated parties to simply have the MSDS without actually transferring the safety information into the plan. The Department agrees with the comments that the requirement to provide an MSDS (or equivalent) may result in regulated parties deciding not to incorporate substance-specific hazard information into the environmental emergency plan, which could diminish the efficacy of the plan and increase risks to the environment and human life and health. Therefore, the Department will not proceed with the requirement to include an MSDS (or equivalent) in an environmental emergency plan.

Requirement to provide names of employees in a plan

Commenters expressed that identifying the names of the individuals who are to respond in the event of an emergency is not necessary in environmental emergency plans, and that only identifying the titles of the applicable positions is necessary. Individuals responsible for the various tasks might change frequently and vary from shift to shift; however, position titles do not change as frequently. It was recommended that the Department only require in environmental emergency plans the position titles of employees who are to respond in the event of an emergency. The Department has determined that this change can be made without endangering the environment or human life and health and has altered the proposed Regulations accordingly.

Risk evaluation framework established for the current and proposed Regulations

Some comments pertaining to the proposed Regulations were received through consultation processes conducted under the Government of Canada’s Chemicals Management Plan. These comments inquired about the use of the proposed Regulations to address risk management issues (e.g. spills) that are different from the acute hazards identified in the preliminary consultation process for the proposed Regulations (e.g. risks of large explosive, rolling fires, also known as “pool fires,” at larger industrial facilities).

The risk evaluation framework established for the current and proposed Regulations is distinct from the risk assessment processes established for the Chemicals Management Plan. The rationale for adding a substance to the proposed Regulations rests primarily with the acute hazards identified. There may be cases where the proposed Regulations would be suitable to also address risk management issues identified under Chemicals Management Plan initiatives. However, the determination on whether to add a substance to the proposed Regulations is based on the established risk evaluation framework; that is, on identified acute hazards for substances and on the quantity thresholds established for these acute hazards.

Use and modification of existing emergency plans

Some commenters noted that emergency plans may already exist for some of the substances listed in Table 1 (e.g. fuel oil, No. 2), and that the addition of these substances to Schedule 1 of the Regulations would thus potentially create duplication and unnecessarily divert resources.

The current Regulations allow persons and companies to satisfy environmental emergency planning requirements and minimize duplication of effort by using an existing emergency plan that has been prepared on a voluntary basis, or in accordance with the requirements of another Act of Parliament or the legislative requirements of another government. If an existing emergency plan does not meet all of the requirements identified by the current Regulations, the existing plan may be amended to meet the remainder of the requirements. In addition, an existing environmental emergency plan may be adapted to include additional substances and a new environmental emergency plan can include more than one substance. These compliance flexibilities incorporated into the current Regulations would continue in the proposed Regulations and reduce the costs associated with preparing environmental emergency plans.

Rationale

The fundamental objective of the proposed Regulations is to further enhance environmental emergency management in Canada. This objective would be accomplished by requiring environmental emergency planning and reporting for additional hazardous substances, improving the quality and timeliness of information submitted by regulated parties to the Department, and clarifying and strengthening existing regulatory requirements. The proposed Regulations would thus provide enhanced protection to the environment and human life and health against possible environmental emergencies, such as the deterioration of the natural environment, the loss of resource use, and personal injuries or loss of life.

The proposed Regulations would add 49 additional substances to Schedule 1. These substances were recently assessed by the Department and determined to pose hazards to the environment or to human life and health, if an environmental emergency occurs. The two industry sectors that would be most affected by the addition of the 49 substances are the chemical manufacturing sector and the petroleum and coal product manufacturing sector. It is expected that the current geographical distribution of stakeholders would remain relatively unchanged following the implementation of the proposed Regulations. (see footnote 15)

The addition of the 49 hazardous substances to Schedule 1 would require stakeholders to prepare or amend and test environmental emergency plans that incorporate these substances. This addition would also require stakeholders to report to the Department on basic company and substance information, as well as on the occurrence of spills or releases that are environmental emergencies. This information would enhance environmental emergency management by allowing the Department and authorized public safety organizations to track the number of spills, other releases and accidents associated with the 49 substances across the country. An increase in annualized compliance costs of around $650,000, or $2,200 per stakeholder, is estimated to be borne by about 300 regulated parties, given that environmental emergency plans would have to be prepared or amended and tested due to the addition of the 49 substances to Schedule 1.

In addition, the proposed Regulations would introduce periodic reporting requirements that would provide enhancements to the timeliness and accuracy of the data currently available to public safety organizations and the Department. It is essential that first responders and departmental officials have access to a database containing up-to-date information on regulated parties, substances and planning activities, in order to facilitate timely and appropriate responses in the event of an environmental emergency. An increase in annualized administrative costs of about $190,000, or $40 per stakeholder, is estimated to be borne by approximately 5 000 regulated parties as a result of the periodic reporting provisions that would be established by the proposed Regulations. The additional annualized costs incurred by the Department to administer the proposed Regulations are projected to be in the order of $25,000.

The proposed Regulations would strengthen and update the current Regulations through the consolidation of the list of regulated substances (Schedule 1) into one list, and through the introduction of the requirement to activate an emergency plan that includes adequate measures during an environmental emergency. The proposed Regulations would also strengthen and update the current Regulations by clarifying and enhancing the existing public notification requirements. For instance, the protection of human life and health would be improved by the requirement for regulated parties to document more clearly, within their environmental emergency plans, the measures that would be taken to communicate with the members of the public who may be adversely affected by an emergency. These requirements would help mitigate the impacts of an environmental emergency on members of the public. Considering that the magnitude of the additional compliance and administrative costs borne by regulated parties is relatively low, it is expected that any potential price increase faced by consumers related to the addition of a substance to Schedule 1 of the Regulations would be negligible.

There is evidence that the Regulations are having a positive impact on the implementation of environmental emergency planning across the country. To date, over 90% of regulated parties in Canada that require environmental emergency plans have confirmed that such plans have been prepared and are in place. By strengthening and expanding the scope of environmental emergency management, the proposed Regulations are expected to be beneficial to Canadians, as they would help to minimize the frequency and consequences of environmental emergencies in Canada. Overall, the proposed Regulations are linked to the federal government’s policies for environmental emergency management, and they support the Government of Canada’s actions to protect the environment and human life and health from the risks posed by hazardous substances.

Strategic environmental assessment

CEPA serves as the legislative authority for the current Regulations as well as for the proposed Regulations. In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, an additional strategic environmental assessment is not required, as comparable provisions for environmental emergency management under CEPA were previously assessed in the CEPA investment plan for the 2003 federal budget. (see footnote 16)

Implementation, enforcement and service standards

The compliance promotion approach for the proposed Regulations would be similar to that taken for the current Regulations, which includes maintaining an online reporting system and a presence on the Department’s Web site, and responding to inquiries from stakeholders. Regarding the new reporting requirements, it would be necessary for stakeholders to submit their initial reports within 12 months following the coming into force of the proposed Regulations. The Department will update its online reporting system to accommodate the increase in the amount of information that is anticipated to be received from regulated parties as a result of the new requirements for reporting every three or five years.

The Department conducts regular compliance promotion activities and each departmental region is staffed with a compliance promotion officer with expertise in responding to inquiries regarding the implementation of the Regulations. Also, to help regulated parties understand the new regulatory requirements, the Department would post documents on its Web site, such as fact sheets and summaries of the risk assessments for the substances to be added to the list of regulated substances. In addition, implementation guidelines for the current Regulations have been developed and would be updated and posted online in concert with the final publication of the proposed Regulations. (see footnote 17) These guidelines help explain mandated timelines for environmental emergency planning and provide assistance to regulated parties preparing environmental emergency plans.

The proposed Regulations would come into force on the day on which they are registered. Implementation and enforcement of the proposed Regulations would be undertaken by the Department in accordance with the Compliance and Enforcement Policy for CEPA (1999) [the Policy]. (see footnote 18)

As the proposed Regulations would be made under CEPA, enforcement officers would apply the Policy when verifying compliance with the regulatory requirements. The Policy sets out the range of possible responses to alleged violations, including warnings, directions, environmental protection compliance orders, ticketing, ministerial orders, injunctions, prosecution, and environmental protection alternative measures (which are an alternative to a court trial after the laying of charges for a violation under CEPA). In addition, the Policy explains when the Department would resort to civil suits by the Crown for cost recovery. Following an inspection or investigation, when an enforcement officer discovers an alleged violation, the officer would choose the appropriate enforcement action based on the Policy.

Contacts

Lo Cheng
Director
Environmental Emergencies Division
Environmental Protection Operations Directorate
Environmental Protection Branch
Department of the Environment
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.ue-e2.ec@canada.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Department of the Environment
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.darv-ravd.ec@canada.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Governor in Council, pursuant to subsection 200(1) of that Act, proposes to make the annexed Environmental Emergency Regulations, 2016.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Lo Cheng, Director, Environmental Emergencies, Department of the Environment, 351 Saint-Joseph Blvd., 16th Floor, Gatineau, Quebec K1A 0H3 (fax: 819-938-4075; email: ec.ue-e2.ec@canada.ca).

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, September 29, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Environmental Emergency Regulations, 2016

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

Act means the Canadian Environmental Protection Act, 1999. (Loi)

CAS registry number means the identification number assigned to a substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

container system means any receptacle or network of receptacles that is used to contain a substance — including any connected pipelines, piping, vents, pumps, sumps, overfill protection devices or oil-water separators — other than any part of that network that is automatically or remotely segregated from the rest of the network by shut-off valves, or other mechanisms, in the event of an environmental emergency. (système de réservoirs)

maximum capacity means the full physical capacity of the container system, including any capacity that is beyond the safe-fill limit set by the manufacturer of the receptacles that comprise the network. (capacité maximale)

Maximum expected quantity

(2) For the purposes of these Regulations, the maximum expected quantity of a substance is to be determined in accordance with subsections 3(2) to (4).

List of Substances

List

2 (1) Subject to subsection (2), for the purposes of the definition substance in section 193 of the Act, the list of substances consists of the substances set out in Schedule 1

  • (a) that are in their pure form; or
  • (b) that are in a mixture and that
    • (i) in the case of a substance that is identified in column 6 as corrosive, are present in the mixture in a concentration that is equal to or greater than the concentration set out in column 3 or have a pH that corresponds to the pH set out in column 4, or
    • (ii) in any other case, are present in the mixture in a concentration that is equal to or greater than the concentration set out in column 3.
Exclusions

(2) The following substances are excluded from the list referred to in subsection (1):

  • (a) a substance that is identified in column 6 of Schedule 1 as combustible or likely to explode and
    • (i) is in a mixture that has a flashpoint greater than 23°C and a boiling point greater than 35°C, or
    • (ii) is a component of natural gas in its gaseous form;
  • (b) a substance that is identified in column 6 of Schedule 1 as an inhalation hazard, is in a mixture in gaseous or liquid form and has a partial pressure in the mixture of less than 1.33 kPa (kilopascals);
  • (c) the substance set out in item 153 of Schedule 1, if it is in the form of solid particles that measure more than 10 μm (micrometres) in diameter;
  • (d) a substance that is identified in column 6 of Schedule 1 as corrosive and is in a mixture that contains Portland cement (CAS registry number 65997-15-1);
  • (e) a substance that is used to fuel a heating appliance or to generate power at the place where it is located and is present in a quantity that is less than the quantity set out in column 5 of Schedule 1 for that substance;
  • (f) a substance that is regulated under the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act, 2001;
  • (g) a substance that is located in a pipeline that is regulated under the National Energy Board Onshore Pipeline Regulations or in a processing plant that is regulated under the National Energy Board Processing Plant Regulations; and
  • (h) a substance that is in a fuel tank that supplies the engine of a conveyance that is used for transportation.

Notice Regarding Substances Located at a Place

Notice

3 (1) Any person who owns or has the charge, management or control of a substance must, within 90 days after the day on which either of the following occurs, submit to the Minister a notice containing the information referred to in Schedule 2 for each place in Canada at which the substance is located:

  • (a) the total quantity of the substance, whether it is in a container system or not, reaches or exceeds the quantity set out in column 5 of Schedule 1 for that substance; or
  • (b) a quantity of the substance is placed in a container system that has a maximum capacity that is equal to or greater than the quantity set out in column 5 of Schedule 1 for that substance.
Excluded quantities

(2) In determining the quantity of a substance for the purposes of subsection (1), the following quantities are excluded:

  • (a) quantities of the substance that are located at the place for a period of 72 hours or less, unless the substance is loaded or unloaded at the place if, during that period, the person keeps evidence of the date and time at which the quantities of the substance arrived at the place;
  • (b) quantities of the substance that are in a container system that has a maximum capacity of 30 kg or less;
  • (c) quantities of the substance that are found in slag, waste rock, tailings, solid residues, ores and ore concentrates;
  • (d) in the case of a substance set out in item 159, 180 or 181 of Schedule 1, quantities of the substance that are located at a farming operation for on-site use as an agricultural nutrient; and
  • (e) in the case of the substance set out in item 20 of Schedule 1, quantities of the substance that are in a container system that has a maximum capacity of less than 10 t (tonnes) and is located at a radial distance of at least 360 m (metres) from the boundaries of the property on which it is located.
Determination of quantity

(3) For the purposes of subsection (1), if a substance is in a form other than its pure form, the quantity of the substance is to be determined as follows:

  • (a) in the case of a substance that is in the form of a solution,
    • (i) if the solution is not in a mixture, the quantity of the solution, expressed in tonnes, is multiplied by the percent concentration of the solution, and
    • (ii) if the solution is in a mixture, the quantity of the mixture, expressed in tonnes, is multiplied by the percentage by weight of the solution in the mixture and by the percent concentration of the solution; and
  • (b) in the case of a substance that is in a mixture and that is not in the form of a solution, the quantity of the mixture, expressed in tonnes, is multiplied by the percent concentration of the substance in the mixture.
Exception

(4) Despite subsection (3), if a substance is identified in column 6 of Schedule 1 as corrosive, likely to explode or a pool fire hazard and that substance is in a mixture, the quantity of the substance for the purposes of subsection (1) is equal to the quantity of the mixture.

Notice of change

(5) The person must, within 60 days after the day on which either of the following occurs, submit a new notice to the Minister that contains the information referred to in Schedule 2:

  • (a) the information that was reported under section 1 or 2 of Schedule 2 has changed; or
  • (b) the maximum expected quantity that was most recently reported under paragraph 3(e) of Schedule 2 or 5 in respect of a substance has increased by 10% or more.
Exception

(6) Subsection (5) does not apply if the person submits a report under section 13 or 14 within the 60-day period referred to in that subsection.

Environmental Emergency Plan

Preparation

4 (1) A person who owns or has the charge, management or control of a substance that is located at a place must, for each such place, prepare an environmental emergency plan with respect to the substance under the following circumstances:

  • (a) in the case of a substance that is in a mixture and that is identified in column 6 of Schedule 1 as likely to explode,
    • (i) if the substance is not in a container system, the person reports a maximum expected quantity under paragraph 3(e) of Schedule 2 or 5 that is equal to or greater than 4.5 t (tonnes), or
    • (ii) if the substance is in a container system, the person reports
      • (A) under paragraph 3(e) of Schedule 2 or 5, a maximum expected quantity that is equal to or greater than 4.5 t (tonnes), and
      • (B) under paragraph 3(h) of Schedule 2 or 5, a maximum capacity of the largest container system in which a quantity of the substance is contained that is equal to or greater than 4.5 t (tonnes); or
  • (b) in any other case,
    • (i) if the substance is not in a container system, the person reports a maximum expected quantity under paragraph 3(e) of Schedule 2 or 5 that is equal to or greater than the quantity set out in column 5 of Schedule 1 for that substance, or
    • (ii) if the substance is in a container system, the person reports
      • (A) under paragraph 3(e) of Schedule 2 or 5, a maximum expected quantity that is equal to or greater than the quantity set out in column 5 of Schedule 1 for that substance, and
      • (B) under paragraph 3(h) of Schedule 2 or 5, a maximum capacity of the largest container system in which a quantity of the substance is contained that is equal to or greater than the quantity set out in column 5 of Schedule 1 for that substance.
Required contents

(2) The environmental emergency plan must include

  • (a) a description of the properties and characteristics of the substance and the maximum expected quantity of the substance at the place at any time during the calendar year;
  • (b) a description of the commercial, manufacturing, processing or other activity involving the substance that is carried on at the place;
  • (c) a description of the place where the substance is located and of the surrounding area that may be affected by an environmental emergency referred to in paragraph (d), including any hospitals, schools or residential, commercial or industrial buildings and any parks, forests, wildlife habitats, water sources or water bodies;
  • (d) an identification of any environmental emergency that could reasonably be expected to occur at the place and that would likely cause harm to the environment or constitute a danger to human life or health, and an identification of the harm or danger, including the harm or danger that would likely result from an environmental emergency involving the release of
    • (i) the maximum quantity of the substance that could be contained in the container system that has the largest maximum capacity, and
    • (ii) the maximum expected quantity of the substance at any time during the calendar year that is not contained in a container system;
  • (e) a description of the measures to be taken to prevent and prepare for the environmental emergencies identified under paragraph (d) and the measures that will be taken to respond to and recover from such emergencies if they were to occur;
  • (f) a list of the position titles of the individuals who are to respond in the event of an environmental emergency and a description of the roles and responsibilities of the individuals who occupy those positions;
  • (g) a list of the training that has been or will be provided to prepare the individuals referred to in paragraph (f) to respond in the event of an environmental emergency;
  • (h) a list of the emergency response equipment that is necessary for the measures described in paragraph (e) and the equipment’s location;
  • (i) a description of the measures that will be taken to communicate with the members of the public who may be adversely affected by the environmental emergencies identified under paragraph (d) to
    • (i) before an emergency occurs, inform them of
      • (A) the possibility of an environmental emergency,
      • (B) the potential consequences of an environmental emergency on the environment and on human life or health, taking into account the factors described under paragraphs (a) to (c), and
      • (C) the measures that will be taken by the person to protect the environment and human life or health in the event of an environmental emergency, and
    • (ii) before an emergency occurs and during and after its occurrence, provide them with information and guidance concerning the actions that could be taken by them to reduce the potential harm to the environment and danger to human life or health, including an explanation of how those actions help to reduce the harm or danger; and
  • (j) the position title of the individual who will communicate with the members of the public referred to in paragraph (i).

Existing plan

(3) For the purposes of subsection (1), the person may use an environmental emergency plan that they have prepared on a voluntary basis, or for another government or under another Act of Parliament, if that plan meets the requirements of subsection (2) or is amended so that it meets those requirements.

Adequate measures

(4) The measures included in the environmental emergency plan must be adequate to address the objectives of preventing, preparing for, responding to and recovering from the environmental emergencies referred to in paragraph (2)(d).

Notice – preparation of plan

5 Within six months after the day on which a person is required to prepare an environmental emergency plan under subsection 4(1), the person must, for each place, inform the Minister that they have prepared the plan by submitting a notice that contains the information referred to in Schedule 3.

Bringing into effect

6 The person must bring the environmental emergency plan into effect within 12 months after the day on which they are required to prepare it under subsection 4(1).

Exercise

7 (1) The person must conduct exercises in relation to the environmental emergency plan as follows:

  • (a) for each substance, at least one component of the plan must be included in an exercise at least once a year;
  • (b) for each substance, all components of the plan must be included in an exercise at least once every five years; and
  • (c) for each applicable hazard category referred to in column 6 of Schedule 1, all components of the plan in respect of one substance belonging to the hazard category must be included in an exercise simultaneously at least once every five years as follows:
    • (i) in the case of a substance that is in a container system, the exercise must be conducted in respect of the substance that is in the container system that has the largest maximum capacity, as most recently reported under paragraph 3(h) of Schedule 2 or 5, as the case may be; or
    • (ii) in the case of a substance that is not in a container system, the exercise must be conducted in respect of the substance that has the largest maximum expected quantity, as most recently reported under paragraph 3(e) of Schedule 2 or 5, as the case may be.
Clarification

(2) For the purposes of paragraph (1)(c), if a quantity of a substance is in a container system and another quantity of that substance is not in a container system, the exercise must be conducted in respect of the quantity of that substance that would result in greater harmful effect on or danger to the environment and human life or health.

Notice — bringing into effect and conduct of exercises

8 The person must submit a notice to the Minister that contains the information referred to in Schedule 4 within 12 months after the day on which they are required to prepare an environmental emergency plan under subsection 4(1).

Updates

9 The person must update the environmental emergency plan at least once a year to ensure that it continues to meet the requirements of subsection 4(2).

Access

10 The person must make a copy of the environmental emergency plan and any updates to the plan readily available at the place and at any other place where the plan needs to be kept for consultation by the individuals who are to carry it out in the event of an environmental emergency.

Record of exercise

11 After each exercise in relation to the environmental emergency plan, the person must prepare a record summarizing the exercise, the results of the exercise and any modifications to be made to the plan as a result of the exercise.

Environmental emergency

12 In the event of an environmental emergency, the person must take the measures to respond to and recover from an environmental emergency that are set out in the environmental emergency plan.

Periodic Reports

Five-year report

13 A person who has submitted a notice under subsection 3(1) — other than a person referred to in section 14 — must, on or before June 1 of the calendar year that is five years after the calendar year during which that notice was submitted, and of every fifth calendar year that follows, submit a report to the Minister that contains the information referred to in sections 1 to 3 of Schedule 5.

Three-year report

14 A person who has prepared an environmental emergency plan under subsection 4(1) must, on or before June 1 of the calendar year that is three calendar years after the calendar year during which the plan was prepared, and of every third calendar year that follows, submit to the Minister a report that contains the information referred to in Schedule 5.

Variation in Quantity, Cessation of Operations or Transfer of Ownership or Charge, Management or Control

Decrease in quantity

15 (1) If the quantity of a substance that is located at a place or the maximum capacity of the largest container system in which the substance is contained, as the case may be, decreases to below the quantity set out for the substance in column 5 of Schedule 1, a person who has submitted a notice under subsection 3(1) in respect of the substance must, if they anticipate that the quantity or maximum capacity will remain below that threshold for a period of at least 12 months, submit a notice to the Minister no later than 90 days after the end of that period. The notice must contain the information referred to in Schedule 6.

Increase in quantity

(2) If, during the 12-month period referred to in subsection (1), the quantity of the substance or the maximum capacity of the largest container system, as the case may be, increases to a quantity that is equal to or greater than the quantity set out for the substance in column 5 of Schedule 1, the person must, within 60 days after the day on which that threshold is met or exceeded, submit a new notice to the Minister that contains the information referred to in Schedule 2.

Clarification

(3) For greater certainty, if a person submits a notice under subsection (2), the time limits set out in sections 5, 6 and 8 are not interrupted and continue to apply from the day on which the person was originally required to prepare an environmental emergency plan under subsection 4(1).

Cessation of operations

16 A person who intends to cease operations at a place where a substance is located for a period of 12 months or more, for any purpose other than maintenance, must submit a notice to the Minister at least 30 days before the day on which operations are to cease, or as soon as feasible in the case of extraordinary circumstances such as fire, major accident, vandalism, natural disaster or act of terrorism. The notice must contain the information referred to in Schedule 7.

Transfer of ownership or charge, management or control

17 If there is a transfer of the ownership or the charge, management or control of a substance that is located at a place, a person who has submitted a notice under subsection 3(1) in respect of the substance must submit a notice to the Minister within 30 days after the day on which the transfer takes place. The notice must contain the information referred to in Schedule 7 and be accompanied by a document evidencing the transfer.

Reporting of Environmental Emergencies

Designated person

18 (1) For the purposes of paragraph 201(1)(a) of the Act, the person who is designated to be provided with a written report respecting the occurrence of an environmental emergency involving a substance that is on the list referred to in section 2 is the Regional Director, Environmental Enforcement Directorate, Enforcement Branch, Department of the Environment, in the region where the environmental emergency occurs.

Required contents

(2) The report must include the information referred to in Schedule 8.

Submission Requirements

Certification

19 Any information that is required to be submitted under these Regulations, and any report provided under subsection 201(1) of the Act, must be accompanied by a certification in the form set out in Schedule 9, signed by the person or by their authorized representative, stating that the information or report is accurate and complete.

Electronic submission under these Regulations

20 (1) Any information that is required to be submitted to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the information or of their authorized representative.

Electronic submission — written report of environmental emergency

(2) Any written report provided under subsection 201(1) of the Act to an enforcement officer or the person referred to in subsection 18(1) must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the written report or of their authorized representative.

Submission on paper

(3) If the Minister has not specified an electronic form and format or if it is not feasible to submit the information or report electronically because of circumstances beyond the person’s control, the information or report, as the case may be, must be submitted on paper in the form and format specified by the Minister, if any, and be signed by the person or their authorized representative.

Record Keeping

Record keeping

21 (1) A copy of the environmental emergency plan, any updates to the plan, any records prepared in accordance with section 11 and any notices or reports that are required to be submitted under these Regulations must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected.

Seven years

(2) The records, notices and reports referred to in subsection (1) must be kept for a period of not less than seven years beginning on the day on which they are made or submitted.

Transitional Provisions

Initial report — place

22 (1) A person — other than a person referred to in subsection (2) — who was required to submit a notice under subsection 3(1) of the Environmental Emergency Regulations, as that subsection read immediately before the repeal of those Regulations, must, within 12 months after the day on which this subsection comes into force, submit a report to the Minister that contains the information referred to in sections 1 to 3 of Schedule 5.

Initial report — plan

(2) A person who was required to prepare an environmental emergency plan under subsection 4(1) of the Environmental Emergency Regulations, as that subsection read immediately before the repeal of those Regulations, must, within 12 months after the day on which this subsection comes into force, submit a report to the Minister that contains the information referred to in Schedule 5.

Submission requirements

(3) Any report submitted under subsection (1) or (2) must be submitted in accordance with sections 19 and 20.

Repeal

23 The Environmental Emergency Regulations (see footnote 19) are repealed.

Coming into Force

Registration

24 These Regulations come into force on the day on which they are registered.

SCHEDULE 1
(Paragraphs 2(1)(a) and (b), (2)(a) to (e), 3(1)(a) and (b) and (2)(d) and (e), subsection 3(4), paragraph 4(1)(a), subparagraphs 4(1)(b)(i) and (ii), paragraph 7(1)(c) and subsections 15(1) and (2))

List of Substances

Item

Column 1


CAS Registry Number

Column 2




Name of Substance

Column 3



Concentration (% by weight)

Column 4


 

pH

Column 5


Minimum Quantity (tonnes)

Column 6

Hazard Category (Short Form) (see note ***)

1

50-00-0

formaldehyde, solution (see note 1*)

10

 

6.80

I

2

56-23-5

tetrachloromethane (carbon tetrachloride)

1

 

0.22

A, CAN

3

57-14-7

1,1-dimethylhydrazine

10

 

6.80

I

4

60-29-7

ethyl ether (diethyl ether)

1

 

4.50

E

5

60-34-4

methylhydrazine (monomethyl hydrazine)

10

 

6.80

I

6

64-19-7

acetic acid (see note 2*)

95

 

6.80

I

7

67-66-3

chloroform (trichloromethane)

10

 

9.10

I

8

71-43-2

benzene

1

 

10.00

COM

9

74-82-8

methane

1

 

4.50

E

10

74-83-9

methyl bromide

10

 

2.27

I

11

74-84-0

ethane

1

 

4.50

E

12

74-85-1

ethylene

1

 

4.50

E

13

74-86-2

acetylene

1

 

4.50

E

14

74-87-3

methyl chloride

10

 

4.50

I

15

74-88-4

methyl iodide

10

 

4.50

I

16

74-89-5

methylamine

1

 

4.50

E

17

74-90-8

hydrogen cyanide

10

 

1.13

I

18

74-90-8

hydrocyanic acid (see note 3*)

10

 

1.13

I

19

74-93-1

methyl mercaptan

10

 

4.50

I

20

74-98-6

propane

1

 

4.50

E

21

74-99-7

methylacetylene (propyne)

1

 

4.50

E

22

75-00-3

ethyl chloride

1

 

4.50

E

23

75-01-4

vinyl chloride

1

 

4.50

E

24

75-02-5

vinyl fluoride

1

 

4.50

E

25

75-04-7

ethylamine

1

 

4.50

E

26

75-07-0

acetaldehyde

1

 

4.50

E

27

75-08-1

ethyl mercaptan

1

 

4.50

E

28

75-09-2

dichloromethane (methylene chloride)

1

 

9.10

I

29

75-15-0

carbon disulphide

10

 

9.10

I

30

75-18-3

dimethyl sulphide

1

 

150

COM

31

75-19-4

cyclopropane

1

 

4.50

E

32

75-21-8

ethylene oxide

10

 

4.50

I

33

75-28-5

isobutane

1

 

4.50

E

34

75-29-6

2-chloropropane (isopropyl chloride)

1

 

4.50

E

35

75-31-0

isopropylamine

1

 

4.50

E

36

75-35-4

vinylidene chloride

1

 

4.50

E

37

75-37-6

difluoroethane (1,1-difluoroethane)

1

 

4.50

E

38

75-38-7

1,1-difluoroethylene (vinylidene fluoride)

1

 

4.50

E

39

75-44-5

phosgene

1

 

0.22

I

40

75-50-3

trimethylamine

1

 

4.50

E

41

75-55-8

propyleneimine

10

 

4.50

I

42

75-56-9

propylene oxide

10

 

4.50

I

43

75-64-9

tert-butylamine (2-amino-2-methylpropane)

1

 

150

COM

44

75-74-1

tetramethyl lead

10

 

4.50

I

45

75-76-3

tetramethylsilane

1

 

4.50

E

46

75-77-4

trimethylchlorosilane (chlorotrimethylsilane)

10

 

4.50

I

47

75-78-5

dimethyldichlorosilane (dichlorodimethylsilane)

10

 

2.27

I

48

75-79-6

methyltrichlorosilane

10

 

2.27

I

49

76-06-2

chloropicrin (trichloronitromethane)

10

 

2.27

I

50

78-00-2

tetraethyl lead

10

 

2.27

I

51

78-78-4

isopentane (2-methylbutane)

1

 

4.50

E

52

78-79-5

isoprene

1

 

4.50

E

53

78-82-0

isobutyronitrile

10

 

9.10

I

54

79-01-6

trichloroethylene (TCE)

1

 

1.13

A

55

79-06-1

acrylamide (2-propenamide)

1

 

9.10

A

56

79-21-0

peroxyacetic acid (peracetic acid) (see note 4*)

10

 

4.50

I

57

79-22-1

methyl chloroformate

10

 

2.27

I

58

79-38-9

trifluorochloroethylene (chlorotrifluoroethylene)

1

 

4.50

E

59

80-05-7

bisphenol A (phenol, 4,4′-(1- methylethylidene)bis-)

10

 

4.50

A

60

91-08-7

toluene-2,6-diisocyanate

10

 

4.50

I

61

91-20-3

naphthalene, liquid (see note **)

10

 

4.50

A

62

91-94-1

3,3′-dichlorobenzidine

1

 

1.13

A

63

100-41-4

ethylbenzene

1

 

7000

COM

64

100-42-5

styrene

10

 

4.50

E

65

100-44-7

benzyl chloride (benzene, (chloromethyl)-)

1

 

4.50

A

66

104-40-5

p-nonylphenol

10

 

1.13

A

67

106-89-8

epichlorohydrin

10

 

9.10

I

68

106-97-8

butane

1

 

4.50

E

69

106-98-9

1-butene (alpha-butylene)

1

 

4.50

E

70

106-99-0

1,3-butadiene

1

 

4.50

E

71

107-00-6

ethylacetylene

1

 

4.50

E

72

107-01-7

2-butene

1

 

4.50

E

73

107-02-8

acrolein

10

 

2.27

I

74

107-05-1

allyl chloride

10

 

9.10

I

75

107-06-2

ethylene dichloride (1,2-dichloroethane)

10

 

6.80

I

76

107-07-3

ethylene chlorohydrin (2-chloroethanol)

10

 

4.50

I

77

107-11-9

allylamine

10

 

4.50

I

78

107-12-0

propionitrile

10

 

4.50

I

79

107-13-1

acrylonitrile

10

 

9.10

I

80

107-15-3

ethylenediamine

10

 

9.10

I

81

107-18-6

allyl alcohol

10

 

6.80

I

82

107-25-5

vinyl methyl ether

1

 

4.50

E

83

107-30-2

methyl chloromethyl ether (chloromethyl methyl ether)

10

 

2.27

I

84

107-31-3

methyl formate

1

 

4.50

E

85

108-05-4

vinyl acetate

10

 

6.80

I

86

108-23-6

isopropyl chloroformate

10

 

6.80

I

87

108-88-3

toluene

1

 

2500

COM

88

108-91-8

cyclohexylamine

10

 

6.80

I

89

108-95-2

phenol

10

 

9.10

I

90

109-61-5

n-propyl chloroformate (propyl chloroformate)

10

 

6.80

I

91

109-66-0

n-pentane (pentane)

1

 

4.50

E

92

109-67-1

1-pentene

1

 

4.50

E

93

109-92-2

vinyl ethyl ether (ethyl vinyl ether)

1

 

4.50

E

94

109-95-5

ethyl nitrite

1

 

4.50

E

95

110-00-9

furan

10

 

2.27

I

96

110-49-6

ethylene glycol monomethyl ether acetate (ethanol, 2-methoxy-, acetate)

10

 

9.10

A

97

110-54-3

hexane

10

 

4.50

A

98

110-82-7

cyclohexane

1

 

550

COM

99

110-89-4

piperidine

10

 

6.80

I

100

111-15-9

ethylene glycol monoethyl ether acetate (ethanol, 2-ethoxy-, acetate)

10

 

9.10

A

101

115-07-1

propylene

1

 

4.50

E

102

115-10-6

dimethyl ether (methyl ether)

1

 

4.50

E

103

115-11-7

isobutylene (2-methylpropene)

1

 

4.50

E

104

116-14-3

tetrafluoroethylene

1

 

4.50

E

105

120-80-9

1,2-benzenediol (catechol)

1

 

4.50

A

106

123-31-9

hydroquinone (1,4-benzenediol)

10

 

0.22

A

107

123-73-9

trans-crotonaldehyde

10

 

9.10

I

108

123-91-1

dioxane (1,4-dioxane)

1

 

9.10

I

109

124-40-3

dimethylamine

1

 

4.50

E

110

126-73-8

phosphoric acid, tributyl ester

10

 

4.50

A

111

126-98-7

methylacrylonitrile

10

 

4.50

I

112

127-18-4

tetrachloroethylene (perchloroethylene)

1

 

1.13

A

113

151-56-4

ethyleneimine

10

 

4.50

I

114

302-01-2

hydrazine

10

 

6.80

I

115

353-42-4

boron trifluoride dimethyl etherate

10

 

6.80

I

116

373-02-4

nickel acetate

10

 

0.22

A, CAN

117

460-19-5

cyanogen

1

 

4.50

E

118

463-49-0

propadiene

1

 

4.50

E

119

463-51-4

ketene

1

 

0.22

I

120

463-58-1

carbonyl sulphide (carbon oxysulfide)

1

 

4.50

E

121

463-82-1

2,2-dimethylpropane

1

 

4.50

E

122

504-60-9

1,3-pentadiene

1

 

4.50

E

123

506-68-3

cyanogen bromide

10

 

4.50

I

124

506-77-4

cyanogen chloride

10

 

4.50

I

125

509-14-8

tetranitromethane

10

 

4.50

I

126

542-88-1

dichlorodimethyl ether [bis(chloromethyl) ether]

1

 

0.45

I

127

556-64-9

methyl thiocyanate

10

 

9.10

I

128

557-98-2

2-chloropropene (2-chloropropylene)

1

 

4.50

E

129

563-45-1

3-methyl-1-butene

1

 

4.50

E

130

563-46-2

2-methyl-1-butene

1

 

4.50

E

131

584-84-9

toluene-2,4-diisocyanate

10

 

4.50

I

132

590-18-1

cis-2-butene (2-butene-cis)

1

 

4.50

E

133

590-21-6

1-chloropropene (1-chloropropylene)

1

 

4.50

E

134

594-42-3

perchloromethyl mercaptan

10

 

4.50

I

135

598-73-2

bromotrifluoroethylene

1

 

4.50

E

136

624-64-6

trans-2-butene (2-butene-trans)

1

 

4.50

E

137

624-83-9

methyl isocyanate

10

 

4.50

I

138

627-20-3

cis-2-pentene (beta-cis-amylene)

1

 

4.50

E

139

630-08-0

carbon monoxide

10

 

6.80

I

140

646-04-8

trans-2-pentene (trans-beta-amylene)

1

 

4.50

E

141

689-97-4

1-buten-3-yne (vinyl acetylene)

1

 

4.50

E

142

732-26-3

phenol, 2,4,6-tris(1,1-dimethylethyl)-

10

 

0.22

A

143

814-68-6

acryloyl chloride (acrylyl chloride)

10

 

2.27

I

144

1303-28-2

arsenic pentoxide

10

 

0.22

A, CAN

145

1305-62-0

calcium hydroxide, solution (see note 5*)

0.1

≥ 11.5

3.00

COR

146

1306-19-0

cadmium oxide

10

 

0.22

A, CAN

147

1306-23-6

cadmium sulphide

10

 

0.22

A, CAN

148

1309-64-4

antimony oxide

1

 

0.22

CAN

149

1310-58-3

potassium hydroxide, solution (see note 6*)

0.1

≥ 11.5

3.00

COR

150

1310-65-2

lithium hydroxide, solution (see note 7*)

0.1

≥ 11.5

3.00

COR

151

1310-73-2

sodium hydroxide, solution (see note 8*)

0.1

≥ 11.5

3.00

COR

152

1310-82-3

rubidium hydroxide, solution (see note 9*)

0.1

≥ 11.5

3.00

COR

153

1313-99-1

nickel oxide

10

 

0.22

A, CAN

154

1314-62-1

vanadium pentoxide (vanadium oxide)

1

 

0.22

A, CAN

155

1327-53-3

arsenic trioxide (arsenic(III) oxide)

10

 

0.22

A, CAN

156

1330-20-7

xylenes

1

 

8000

COM

157

1333-74-0

hydrogen

1

 

4.50

E

158

1333-82-0

chromium trioxide

10

 

0.22

A, CAN

159

1336-21-6 (7664-41-7)

ammonium hydroxide (see note 10*) (ammonia, solution)

20

 

9.10

I

160

1344-37-2

C.I. Pigment Yellow 34

1

 

0.22

CAN

161

2551-62-4

sulphur hexafluoride (sulfur hexafluoride)

10

 

9.10

I

162

3333-67-3

nickel carbonate

10

 

0.22

CAN

163

4109-96-0

dichlorosilane

1

 

4.50

E

164

4170-30-3

crotonaldehyde

10

 

9.10

I

165

6484-52-2

ammonium nitrate, solid

60

 

20.00

O

166

6484-52-2

ammonium nitrate, solution (see note 11*)

81

 

20.00

O

167

7439-97-6

mercury

N/A

 

1.00

I

168

7440-38-2

arsenic

10

 

0.22

A, CAN

169

7446-09-5

sulphur dioxide

10

 

2.27

I

170

7446-11-9

sulphur trioxide

10

 

4.50

I

171

7550-45-0

titanium tetrachloride

10

 

1.13

I

172

7601-90-3

perchloric acid (see note 12*)

0.1

≤ 2

3.00

COR

173

7616-94-6

perchloryl fluoride (trioxychlorofluoride)

10

 

6.80

I

174

7637-07-2

boron trifluoride

10

 

2.27

I

175

7646-79-9

cobalt chloride (cobalt(II) chloride)

1

 

0.22

A, CAN

176

7647-01-0

hydrochloric acid (see note 13*)

0.1

≤ 2

3.00

COR

177

7647-01-0

hydrogen chloride, anhydrous

10

 

2.27

I

178

7664-39-3

hydrofluoric acid (see note 14*)

50

 

0.45

I

179

7664-39-3

hydrogen fluoride, anhydrous

1

 

0.45

I

180

7664-41-7

ammonia, anhydrous

10

 

4.50

I

181

7664-41-7 (1336-21-6)

ammonia, solution (see note 15*) (ammonium hydroxide)

20

 

9.10

I

182

7664-93-9

sulphuric acid (see note 16*)

0.1

≤ 2

3.00

COR

183

7697-37-2

nitric acid (see note 17*)

0.1

≤ 2

3.00

COR

184

7718-54-9

nickel chloride

10

 

0.22

A, CAN

185

7719-09-7

thionyl chloride

10

 

6.80

I

186

7719-12-2

phosphorus trichloride

10

 

6.80

I

187

7722-84-1

hydrogen peroxide (see note 18*)

52

 

3.40

O

188

7723-14-0

phosphorus, white

N/A

 

1.00

I

189

7726-95-6

bromine

10

 

4.50

I

190

7738-94-5

chromic acid (see note 19*)

10

 

0.22

A, CAN

191

7775-09-9

sodium chlorate

10

 

10.00

O

192

7775-11-3

sodium chromate

10

 

0.22

A, CAN

193

7778-39-4

arsenic acid (see note 20*)

10

 

0.22

A, CAN

194

7778-43-0

sodium arsenate, dibasic

10

 

0.22

A, CAN

195

7782-41-4

fluorine

1

 

0.45

I

196

7782-50-5

chlorine

10

 

1.13

I

197

7783-06-4

hydrogen sulphide

10

 

4.50

I

198

7783-07-5

hydrogen selenide

1

 

0.22

I

199

7783-60-0

sulphur tetrafluoride

10

 

1.13

I

200

7784-34-1

arsenic trichloride (arsenous trichloride)

10

 

6.80

I

201

7784-42-1

arsine

1

 

0.45

I

202

7784-46-5

sodium arsenite

10

 

0.22

A, CAN

203

7786-81-4

nickel(II) sulphate (nickel(II) sulfate)

10

 

0.22

A, CAN

204

7789-00-6

potassium chromate

10

 

0.22

A, CAN

205

7790-93-4

chloric acid (see note 21*)

0.1

≤ 2

3.00

COR

206

7790-94-5

chlorosulphonic acid (see note 22*)

10

 

2.27

I

207

7790-98-9

ammonium perchlorate

1

 

3.40

O

208

7791-21-1

chlorine monoxide (dichlorine oxide)

1

 

4.50

E

209

7803-51-2

phosphine

10

 

2.27

I

210

7803-52-3

stibine

10

 

2.27

I

211

7803-62-5

silane

1

 

4.50

E

212

8002-05-9

petroleum crude oil

1

 

2500

F

213

8006-14-2

liquefied natural gas

1

 

4.50

E

214

8006-61-9

unleaded gasoline

1

 

150

COM

215

8014-95-7

sulphuric acid, fuming (oleum)

N/A

 

4.50

I

216

8030-30-6

naphtha

1

 

50

COM

217

10025-78-2

trichlorosilane

1

 

4.50

E

218

10025-87-3

phosphorus oxychloride

10

 

2.27

I

219

10034-85-2

hydriodic acid (see note 23*)

0.1

≤ 2

3.00

COR

220

10035-10-6

hydrogen bromide

10

 

1.13

I

221

10035-10-6

hydrobromic acid (see note 24*)

0.1

≤ 2

3.00

COR

222

10048-95-0

sodium arsenate, dibasic, heptahydrate

10

 

0.22

A, CAN

223

10049-04-4

chlorine dioxide

1

 

0.45

I

224

10101-97-0

nickel(II) sulphate, hexahydrate (nickel(II) sulfate, hexahydrate)

10

 

0.22

A, CAN

225

10102-43-9

nitric oxide (nitrogen monoxide)

10

 

4.50

I

226

10102-44-0

nitrogen dioxide

10

 

1.13

I

227

10108-64-2

cadmium chloride

10

 

0.22

A, CAN

228

10124-36-4

cadmium sulphate

10

 

0.22

A, CAN

229

10124-43-3

sulphuric acid, cobalt(2+) salt (1:1)

1

 

0.22

CAN

230

10294-34-5

boron trichloride

10

 

2.27

I

231

10588-01-9

sodium dichromate

10

 

0.22

A, CAN

232

13138-45-9

nickel nitrate (nickel(II) nitrate)

10

 

0.22

A, CAN

233

13463-39-3

nickel carbonyl

1

 

0.45

I

234

13463-40-6

iron pentacarbonyl

10

 

1.13

I

235

13478-00-7

nickel(II) nitrate, hexahydrate

10

 

0.22

A, CAN

236

15699-18-0

nickel ammonium sulphate (nickel ammonium sulfate)

10

 

0.22

A, CAN

237

17194-00-2

barium hydroxide, solution (see note 25*)

0.1

≥ 11.5

3.00

COR

238

17540-75-9

phenol, 2,6-bis(1,1-dimethylethyl)- 4-(1-methylpropyl)-

10

 

0.22

A

239

18480-07-4

strontium hydroxide, solution (see note 26*)

0.1

≥ 11.5

3.00

COR

240

19287-45-7

diborane

10

 

1.13

I

241

20816-12-0

osmium tetroxide

1

 

0.22

I

242

21351-79-1

cesium hydroxide, solution (see note 27*)

0.1

≥ 11.5

3.00

COR

243

25154-52-3

nonylphenol, mixed isomer

10

 

1.13

A

244

25167-67-3

butylene (butene)

1

 

4.50

E

245

26471-62-5

toluene diisocyanate

10

 

4.50

I

246

41556-26-7

decanedioic acid, bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester

10

 

1.13

A

247

64741-47-5

natural gas condensates, petroleum

1

 

340

COM

248

64741-48-6

natural gas, petroleum, raw liquid mix

1

 

4.50

E

249

64741-86-2

distillates, petroleum, sweetened middle

1

 

2500

F

250

64741-87-3

naphtha, petroleum, sweetened

1

 

4.50

E

251

64742-80-9

distillates, petroleum, hydrodesulphurized middle

1

 

2500

F

252

68334-30-5

fuels, diesel

1

 

2500

F

253

68476-30-2

fuel oil, No. 2

1

 

2500

F

254

68476-31-3

fuel oil, No. 4

1

 

2500

F

255

68476-33-5

fuel oil, residual

1

 

2500

F

256

68476-34-6

fuels, diesel, No. 2

1

 

2500

F

257

68527-27-5

naphtha, petroleum, full-range alkylate, butane-containing

1

 

80

COM

258

68553-00-4

fuel oil, No. 6

1

 

2500

F

259

68919-39-1

natural gas condensates

1

 

45

COM

260

68921-45-9

benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene

10

 

0.22

A

261

72102-55-7

methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]-, acetate

10

 

0.22

A

262

81741-28-8

tributyl tetradecyl phosphonium chloride (TTPC)

10

 

0.22

A

263

84852-15-3

4-tert-nonylphenol

10

 

1.13

A

264

86290-81-5

gasoline (motor fuel)

1

 

150

COM

265

101316-57-8

distillates, petroleum, hydrodesulphurized full-range middle

1

 

2500

F

266

128683-25-0

crude oil, oil sand

1

 

2500

F

  • Note 1*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 2*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 3*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 4*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 5*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 6*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 7*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 8*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 9*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 10*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 11*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 12*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 13*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 14*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 15*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 16*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 17*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 18*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 19*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 20*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 21*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 22*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 23*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 24*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 25*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 26*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note 27*
    The substance is in the form of an aqueous solution and paragraph 3(3)(a) of the Regulations applies to any calculation of quantity.
  • Note **
    Liquid naphthalene is obtained by heating solid naphthalene and does not include naphthalene that is in the form of a solution.
  • Note ***
    LEGEND
    • A = aquatically toxic
    • CAN = carcinogenic or potentially carcinogenic
    • COM = combustible
    • COR = corrosive
    • E = likely to explode
    • F = pool fire hazard
    • I = inhalation hazard
    • O = oxidizer that may explode

SCHEDULE 2
(Subsections 3(1) and (5), subparagraphs 4(1)(a)(i) and (ii), (b)(i) and (ii) and 7(1)(c)(i) and (ii) and subsection 15(2))

Information to Be Submitted in the Notice Regarding Substances Located at a Place

1 Respecting the place where one or more substances are located:

  • (a) a description of the place or the name of the place;
  • (b) the civic address of the place, if any;
  • (c) the latitude and longitude of the place;
  • (d) the name or corporate name of the entity, or the name of the individual, that is responsible for the place;
  • (e) the maximum number of people that work at the place;
  • (f) the name, position title, email address, telephone number and fax number of the individual who is responsible for the substance and their alternate; and
  • (g) the North American Industry Classification System (NAICS) codes, consisting of at least four digits, that describe the operations at the place.

2 Respecting the head office of the place (if different from above):

  • (a) the name or corporate name and address; and
  • (b) the name, position title, email address, telephone number and fax number of the contact person and their alternate.

3 For each substance located at the place:

  • (a) the name of the substance;
  • (b) the CAS registry number;
  • (c) the UN number, if applicable;
  • (d) the quantity of the substance that is normally located at the place;
  • (e) the maximum expected quantity of the substance at any time during the calendar year in question;
  • (f) if the substance is in a mixture, the maximum expected quantity of the mixture at any time during the calendar year in question;
  • (g) the maximum expected concentration of the substance or the maximum expected concentration of the substance in the mixture, as the case may be, at any time during the calendar year in question;
  • (h) the maximum capacity of the largest container system in which the substance is contained; and
  • (i) the day on which the trigger condition described in paragraph 3(1)(a) or (b) of the Regulations occurred.

SCHEDULE 3
(Section 5)

Information to Be Submitted in the Notice Regarding the Preparation of an Environmental Emergency Plan

1 Respecting the place where one or more substances are located:

  • (a) a description of the place or the name of the place;
  • (b) the civic address of the place, if any;
  • (c) the latitude and longitude of the place;
  • (d) the name or corporate name of the entity, or the name of the individual, that is responsible for the place; and
  • (e) the name of each substance.

2 (1) If the environmental emergency plan is based on an existing plan, indicate whether the existing plan was

  • (a) prepared on a voluntary basis;
  • (b) prepared for another government; or
  • (c) prepared under another Act of Parliament.

(2) If the environmental emergency plan is based on a plan prepared for another government or a plan prepared under another Act of Parliament, identify the government or the Act of Parliament.

3 Respecting the involvement of local authorities or groups:

  • (a) the names of the local authorities and local community or interest groups that have been involved in the environmental emergency plan’s development, if any; and
  • (b) a statement as to whether the plan or its relevant parts were made available to the appropriate local authorities, such as police and fire departments, that may be involved in an emergency response.

4 For each substance in respect of which the environmental emergency plan is prepared:

  • (a) the name, CAS registry number and, if applicable, UN number of the substance; and
  • (b) the nature of the operations at the place that involve the substance.

5 The date on which the preparation of the environmental emergency plan was completed.

6 The places where the environmental emergency plan is kept for the purposes of inspection and for the purposes of consultation by the individuals who are to carry it out in the event of an environmental emergency.

SCHEDULE 4
(Section 8)

Information to Be Submitted in the Notice Regarding the Bringing Into Effect of an Environmental Emergency Plan and Conduct of Exercises

1 Respecting the place where one or more substances are located:

  • (a) a description of the place or the name of the place;
  • (b) the civic address of the place, if any;
  • (c) the latitude and longitude of the place;
  • (d) the name or corporate name of the entity, or the name of the individual, that is responsible for the place; and
  • (e) the name of each substance.

2 The date on which the environmental emergency plan was brought into effect.

3 For each substance in respect of which the environmental emergency plan is prepared, a description of the exercises that were conducted during the year, including

  • (a) the components of the plan that were included in the exercises and a description of the exercises;
  • (b) the date on which the exercises were conducted; and
  • (c) if applicable, a list of all the local authorities and local community or interest groups that were involved in the exercises.

SCHEDULE 5
(Paragraph 3(5)(b), subparagraphs 4(1)(a)(i) and (ii), (b)(i) and (ii) and 7(1)(c)(i) and (ii) and sections 13 and 14)

Information to Be Submitted in a Periodic Report

1 Respecting the place where one or more substances are located:

  • (a) a description of the place or the name of the place;
  • (b) the civic address of the place, if any;
  • (c) the latitude and longitude of the place;
  • (d) the name or corporate name of the entity, or the name of the individual, that is responsible for the place;
  • (e) the maximum number of people that work at the place;
  • (f) the name, position title, email address, telephone number and fax number of the individual who is responsible for the substance and their alternate; and
  • (g) the North American Industry Classification System (NAICS) codes, consisting of at least four digits, that describe the operations at the place.

2 Respecting the head office of the place (if different from above):

  • (a) the name or corporate name and address; and
  • (b) the name, position title, email address, telephone number and fax number of the contact person and their alternate.

3 For each substance located at the place:

  • (a) the name of the substance;
  • (b) the CAS registry number;
  • (c) the UN number, if applicable;
  • (d) the quantity of the substance that is normally located at the place;
  • (e) the maximum expected quantity of the substance at any time during the calendar year in question;
  • (f) if the substance is in a mixture, the maximum expected quantity of the mixture at any time during the calendar year in question;
  • (g) the maximum expected concentration of the substance or the maximum expected concentration of the substance in the mixture, as the case may be, at any time during the calendar year in question;
  • (h) the maximum capacity of the largest container system in which the substance is contained;
  • (i) the day on which the trigger condition described in paragraph 3(1)(a) or (b) of the Regulations occurred; and
  • (j) if an environmental emergency plan has been prepared in respect of the substance, an indication to that effect.

4 (1) If the environmental emergency plan is based on an existing plan, indicate whether the existing plan was

  • (a) prepared on a voluntary basis;
  • (b) prepared for another government; or
  • (c) prepared under another Act of Parliament.

(2) If the environmental emergency plan is based on a plan prepared for another government or a plan prepared under another Act of Parliament, identify the government or the Act of Parliament.

5 Respecting the involvement of local authorities or groups:

  • (a) the names of the local authorities and local community or interest groups that have been involved in the development of the environmental emergency plan, if any; and
  • (b) a statement as to whether the plan or its relevant parts were made available to the appropriate local authorities, such as police and fire departments, that may be involved in an emergency response.

6 For each substance in respect of which the environmental emergency plan is prepared, the nature of the operations at the place that involve the substance.

7 The date on which the most recent update to the environmental emergency plan was completed.

8 The places where the environmental emergency plan is kept for the purposes of inspection and for the purposes of consultation by the individuals who are to carry it out in the event of an environmental emergency.

9 For each substance in respect of which the environmental emergency plan is prepared, a description of the exercises that were conducted during the three-year period in question, including

  • (a) the components of the plan that were included in the exercises and a description of the exercises;
  • (b) the date on which the exercises were conducted; and
  • (c) if applicable, a list of all the local authorities and local community or interest groups that were involved in the exercises.

SCHEDULE 6
(Subsection 15(1))

Information to Be Submitted in the Notice Regarding a Decrease in Quantity or Capacity

1 Respecting the place where the substance is located:

  • (a) a description of the place or the name of the place;
  • (b) the civic address of the place, if any;
  • (c) the latitude and longitude of the place;
  • (d) the name or corporate name of the entity, or the name of the individual, that is responsible for the place;
  • (e) the name of the substance;
  • (f) the quantity of the substance remaining at the place; and
  • (g) the name, position title, email address, telephone number and fax number of the individual who is responsible for the substance and their alternate.

2 The day on which the quantity of the substance or the maximum capacity of the largest container system in which the substance is contained decreased to below the applicable threshold.

SCHEDULE 7
(Sections 16 and 17)

Information to Be Submitted in the Notice of Cessation of Operations or Transfer of Ownership or Charge, Management or Control

1 Respecting the place where one or more substances are located:

  • (a) a description of the place or the name of the place;
  • (b) the civic address of the place, if any;
  • (c) the latitude and longitude of the place;
  • (d) the name or corporate name of the entity, or the name of the individual, that is responsible for the place;
  • (e) the name of each substance;
  • (f) the quantity of each substance remaining at the place; and
  • (g) the name, position title, email address, telephone number and fax number of the individual who is responsible for the substance and their alternate.

2 If the notice concerns a cessation of operations,

  • (a) the date of the cessation of operations at the place; and
  • (b) a description of the measures taken to prevent and prepare for the occurrence of an environmental emergency after operations cease at the place and the measures that will be taken to respond to and recover from such an emergency if it were to occur.

3 If the notice concerns a transfer of the ownership or the charge, management or control of a substance, the name or corporate name of the entity, or the name of the individual, that will be responsible for the substance as a result of the transfer.

SCHEDULE 8
(Subsection 18(2))

Information to Be Included in the Written Report of Environmental Emergency

1 The name, civic address and telephone number of the person who is providing the written report.

2 The date and time of the release and its location, including the latitude and longitude and, if applicable, the civic address.

3 The name and CAS registry number of the substance that was released.

4 The quantity of the substance that was released or, if the quantity cannot be determined, an estimate of it.

5 If the substance was in a container system, an identification of the container system and a description of its condition.

6 A description of the area surrounding the location of the release, including any hospitals, schools or residential, commercial or industrial buildings and any parks, forests, wildlife habitats, water sources or water bodies.

7 A description of the potential negative effects of the release on the environment and on human life or health.

8 A description of the circumstances of the release and its cause, if known, and of the measures taken to mitigate any negative effects on the environment or on human life or health.

9 An identification of all persons and agencies that were notified of the release.

10 A description of all measures taken or planned to be taken to prevent similar releases from occurring.

SCHEDULE 9
(Section 19)

Certification

I certify that the information provided with respect to Schedule __________ to the Environmental Emergency Regulations, 2016 is accurate and complete.

_____________________________________________________________
(Signature of the person or authorized representative)

Name (please _________________________________________________
print):

Title: ________________________________________________________

Date: ________________________________________________________

[41-1-o]

  • Footnote 1
    A substance risk evaluation for determining the requirement for environmental emergency planning for each of the identified substances is available at the following Web site: www.ec.gc.ca/ee-ue/default.asp?lang=En&n=B2B4A2B2-1.
  • Footnote 2
    Environmental Emergency Regulations. Department of the Environment. Available at www.ec.gc.ca/ee-ue/default.asp?lang=En&n=9605FFBD-1.
  • Footnote 3
    A more detailed characterization of the risk evaluation framework for determining quantity thresholds and concentration limits for substances listed under the current Regulations is available at the following Web site: http://www.ec.gc.ca/ee-ue/default.asp?lang=en&n=202BA401-1.
  • Footnote 4
    “Governance: Departmental Planning and Performance Reports.” Department of the Environment. Available at https://www.ec.gc.ca/default.asp?lang=En&n=31D9FF32-1.
  • Footnote 5
    The increase in the number of regulated parties due to the proposed Regulations is expected to be under 400, based on the analysis of the number of regulated parties conducted for the 2011 amendments to the current Regulations.
  • Footnote 6
    All cost estimates presented in this section are provided in 2012 Canadian dollars using a 7% discount rate and a discounting base year of 2012. This approach follows guidance from the Treasury Board of Canada Secretariat on administrative burden calculations under the “One-for-One” Rule.
  • Footnote 7
    The non-rounded increase in annualized average administrative burden costs was estimated to be $147,321, or $29 per stakeholder. The wage rate was assumed to be around $45 per hour in all cost calculations (weighted hourly average).
  • Footnote 8
    In accordance with guidance from the Treasury Board of Canada Secretariat, a small business is defined as any business, including its affiliates, that has fewer than 100 employees or between $30,000 and $5,000,000 in annual gross revenues.
  • Footnote 9
    This estimate is based on available employee count data and obtained by using the assumption that a small business is any business that has fewer than 100 employees.
  • Footnote 10
    These cost estimates are derived from a study completed for the Department in 2014 concerning the impacts of environmental emergency planning.
  • Footnote 11
    At the time of these consultations, the Department planned on proposing amendments to the current Regulations.
  • Footnote 12
    “CEPA Environmental Registry.” Department of the Environment: www.ec.gc.ca/lcpe-cepa/Default.asp?lang=En&n=D44ED61E-1.
  • Footnote 13
    The role of the CEPA National Advisory Committee is to advise the Minister of the Environment and the Minister of Health, and to ensure a full and open sharing of information between the federal, provincial, territorial and aboriginal governments on all matters related to the protection of the environment and the management of toxic substances.
  • Footnote 14
    The preliminary consultations are described in more detail at the following Web site: www.ec.gc.ca/ee-ue/default.asp?lang=En&n=B2B4A2B2-1.
  • Footnote 15
    As previously mentioned, approximately 75% of the estimated 4 700 stakeholders affected by the current Regulations operate in the provinces of Ontario (30%), Alberta (25%) and Quebec (20%).
  • Footnote 16
    The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. Canadian Environmental Assessment Agency: http://www.ceaa.gc.ca/default.asp?lang=En&n=B3186435-1.
  • Footnote 17
    “Implementation Guidelines for the Environmental Emergency Regulations 2011.” Department of the Environment: http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=1FB6D405-1.
  • Footnote 18
    “Compliance and Enforcement Policy for CEPA (1999) - March 2001.” Department of the Environment: http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1.
  • Footnote 19
    SOR/2003-307
  • Footnote a
    S.C. 2004, c. 15, s. 31
  • Footnote b
    S.C. 1999, c. 33