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LEHDER News

CEPA Guidelines for the Reduction of NOx Emissions from Natural Gas–fuelled Stationary Combustion Turbines Released

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CEPA Guidelines for the Reduction of NOx Emissions from Natural Gas–fuelled Stationary Combustion Turbines On November 18, 2017, notification of the release of the CEPA Guidelines for the Reduction of NOx Emissions from Natural Gas–fuelled Stationary Combustion Turbines were posted to the Canada Gazette. This guideline was developed to support the federal, provincial and territorial air quality management system (AQMS). The AQMS includes Canadian ambient air quality standards for fine particulate matter and ground-level ozone, base level industrial emissions requirements (BLIERs) and local air zone management by the provincial/territorial jurisdictions.

This guideline introduces a NOx emission limit that is up to 50% more stringent than emission limits set out in the national emission guidelines for stationary combustion turbines published by the Canadian Council of Ministers of the Environment (CCME) in 1992 for combustion turbines commissioned after January 1, 2020. The Minister of the Environment and Climate Change recommends that the appropriate regulatory authorities adopt the guidelines as a baseline emission limit for NOx from natural gas-fuelled stationary combustion turbines.

These guidelines will provide the basis for the provinces and territories to adopt policies which incorporate these NOx emission guidelines however, the guidelines do not prevent the provinces and territories from adopting more stringent emission requirements for combustion turbines. Additionally, the Minister of the Environment and Climate Change continues to recommend those requirements of the 1992 CCME guidelines that have not been superseded by the requirements in this document.  A copy of the guideline is provided below.

Notice of Intent to Remove 83 Substances from the Non-domestic Substances List

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Notice of Intent to Remove 83 Substances from NDSLOn September 23, 2017, a Notice of Intent was published in the Canada Gazette, Part I to amend the Non-domestic Substances List (NDSL) of the Canadian Environmental Protection Act, 1999 (CEPA) to remove 83 substances. A list of the Chemical Abstract Services Registry Numbers of these 83 substances can be found in the Notice of Intent.

Comments must be submitted within 60 days of publication of the Notice of Intent. Provision of information on commercial activities that may be pertinent to this initiative should be included. In accordance with section 313 of CEPA, any person who provides information may submit, with the information, a request that it be treated as confidential.

All comments must cite the Canada Gazette, Part I, and the date of publication of the notice and be sent to following address:

By Mail

Executive Director, Program Development and Engagement Division
Environment and Climate Change Canada
Ottawa, ON K1A 0H3

By Messenger

Executive Director, Program Development and Engagement Division
Environment and Climate Change Canada
171 Jean-Proulx Street
Gatineau, QC J8Z 1W5

By Email

eccc.substances.eccc@canada.ca

Ontario Government - Red Tape Challenge for Chemical Manufacturing

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Chemical Manufacturing Comments for Red Tape ChallengeThe Government of Ontario is soliciting feedback regarding regulations affecting the chemical manufacturing industry, based upon the Red Tape Challenge.  Comments are currently being received on 148 different regulations which affect this industry until September 30, 2017.  A report with the consultation findings will be issued on March 30, 2018.

This government initiative is intended to provide an avenue for stakeholders to provide input on existing regulations to assist with updating, improving or eliminating the regulations pertaining to the chemical manufacturing industry.

Consultation on the following regulatory categories is currently available:

Comments can be provided by selecting the category above; more information regarding this consultation is available at:

https://talks.ontario.ca/redtapechallenge/

If you do not work within this industry, the Ontario Government is still interested in comments you may have pertaining to any of the regulations listed so please feel free to participate.

For more information, please contact Marnie Freer.

Comment Period for Proposed Emission Regulations for Oil & Gas Closing July 27, 2017

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ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 27, 2017, Environment and Climate Change Canada (ECCC) published the proposed regulations for methane and VOC emissions for the oil and gas sector in the Canada Gazette, Part I, for a 60 day comments period; comments will be accepted until July 27, 2017.

Links to the Regulatory Impact Analysis Statement, proposed regulatory text and contact information for comments is provided below.

Regulations Respecting Reduction in the Release of Volatile Organic Compounds (Petroleum Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent to Helen Ryan, Director General, Energy and Transportation Directorate, Environmental Protection Branch, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax: 819-420-7410; email: ec.covsecteurpetrolier-vocpetroleumsector.ec@canada.ca).

Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent by mail to the Oil, Gas and Alternative Energy Division, Department of the Environment, Gatineau, Quebec K1A 0H3 or by email to ec.methane-methane.ec@canada.ca.

For questions on how these regulations may impact your facility, please contact Marnie Freer.

Proposed Emission Regulations for Oil & Gas Industry

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ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 25, 2017, Environment and and Climate Change Canada (ECCC) issued a news release regarding the proposed methane and VOC emission regulations for the oil and gas sector. These proposed regulations will be published in the Canada Gazette, Part I, on May 27, 2017 for a 60 day comments period; comments will be accepted until July 27, 2017.

The full ECCC news release, including quick facts and links to the backgrounders on the proposed regulations, can be viewed here:

https://www.canada.ca/en/environment-climate-change/news/2017/05/canada_to_reduceemissionsfromoilandgasindustry.html

Quick links to the proposal technical backgrounders are available below:

Proposed regulations to reduce methane emissions in the oil and gas sector

Proposed regulations to reduce the release of volatile organic compounds (petroleum sector)

For questions on how these regulations may impact your facility, please contact Marnie Freer.

CEPA Notice to Provide Information for Risk Management of Specific Substances

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CEPA 1999 Substances Information Request for Summer 2017On April 1, 2017, pursuant to CEPA 1999, paragraph 71(1)(b), notices were posted in the Canada Gazette, Part I, Vol. 151, No. 13 in regards to information required for the assessment of certain toxic substances for substances manufactured, imported or used in 2015 and 2016. 

Information is required to be submitted through Environment and Climate Change's Single Window (SWIM) system for applicable substances by the required date.  A brief overview of the Summer 2017 requirements is provided below, please refer to the Canada Gazette notice for complete information and further details on the Fall 2017 requirements.

Inquiries concerning the notice may be directed to the Substances Management Information Line at 1-800-567-1999 (toll free in Canada), 819-938-3232 (outside of Canada), or via email to eccc.substances.eccc@canada.ca.

Notice to provide information for the risk management of certain substances — Summer 2017

Notice to provide information for the risk management of certain substances — Fall 2017

Summer 2017

Information pertaining to applicable substances listed in Schedule 1 for the summer notice are required to be provided no later than June 28, 2017, 3 p.m. (EST). Please refer to the Canada Gazette notice for complete information.

Schedule 1 (Substances) & Schedule 2 (Applicability)


Part 1 - Hexavalent Chromium Compounds

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 25 kg;
  • imported a total quantity greater than 25 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 25 kg, whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%), for chromium electroplating, chromium anodizing or reverse etching.

Part 2 - 2-Propanone Substances

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 100 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) in the manufacture of a mixture, a product, or a manufactured item.

Part 3 - Common Names Dechlorane Plus, DP, DBDPE or DecaBDE

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg of a substance at a concentration equal to or above 0.1% by weight (w/w%), whether  
    • alone, in a mixture, or in a product; or
    • in a manufactured item that is
      •  a vehicle, aircraft or watercraft, or a part contained therein,
      • a construction material,
      • a carpet, vinyl or laminate flooring, or foam underlay for flooring,
      • a cable, a wire, an appliance, or an electrical device or equipment,
      • a rubber conveyor belt,
      • a plastic pallet, other than a plastic pallet used to import other goods, or
      • clothing, footwear, bedding, furniture or furnishing if the substance is contained in a foam, leather, textile fibre, yarn or fabric;
  • used a total quantity greater than 100 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) in the manufacture of a mixture, a product, or a manufactured item.

Part 4 - Refractory Ceramic Fibres

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 1000 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) whether the substance was used alone, in a mixture, or in a product.

If an applicable substance above met the criteria for both 2015 and 2016, only the information for 2016 is required to be provided.  If the criteria was met for only the 2015 calendar year, the 2015 information is only required.

Exemptions to the criteria above can be located in Schedule 2 (11) and information required to be submitted under Schedule 3 is provided in Schedule 2 (12).  Schedule 3 provides the specific information required for reporting.

Information pertaining to applicable substances listed in Schedule 1 for the summer notice are required to be provided no later than June 28, 2017, 3 p.m. (EST).

For additional information in regards to this notice, please contact Marnie Freer.

Canada Ratifies WTO Agreement on Trade Facilitation with Act to Amend HPA and CEPA

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Canada Ratifies WTO Agreement with Act Amending CEPA and HPROn December 12, 2016, an Act to Amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make amendments to a related Act, formerly known as Bill C-13, was enacted. This legislation enabled Canada to ratify the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA) on December 16, 2016.

The TFA, which entered into force on February 22, 2017, contains binding commitments for the 164 WTO Members to modernize and simplify border procedures. The legislative amendments contained in this Act relate to two specific provisions of the TFA:

  • Article 10.8.1: Importers may return to exporters goods rejected on account of their failure to meet certain health and technical requirements, unless an alternate way is provided for in laws and regulations.
  • Article 11.8: Technical regulations may not be applied to goods moving through the territory of a WTO Member from a point outside its territory to another foreign point (i.e. goods in transit).

As a result of the legislative changes, the following provisions in the TFA apply to hazardous products under the Hazardous Products Act (HPA), as follows:

  • Under Article 10.8.1 of the TFA, hazardous chemicals that do not comply with the HPA could be returned/re-consigned to the importer for removal from Canada at their expense unless they pose unacceptable risks to human health and safety, in which case they would be seized and not returned.
  • Under the Hazardous Products Regulations, the sale and importation of hazardous products that are "in transit" (being transported through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada), and that are not intended for use in a work place in Canada, are exempt from the labelling and safety data sheet requirements of the HPA.
  • In addition, the HPA was amended to provide authority, consistent with other Health Canada legislation, to implement international agreements, such as the TFA.

For more information, please contact the Workplace Hazardous Materials Bureau at:

Email: WHMIS_SIMDUT@hc-sc.gc.ca

Telephone: 1-855-407-2665

Additional information can also be found online:

WTO-Negotiations

WTO-TFA FAQs

Bill C-13

Hazardous Products Act

For more information, please contact Mark Roehler.

Environmental Registry Decision on Updated Guidelines for the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality)

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On March 8, 2017, updated guidance documents for Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) were posted to the Environmental Registry. 

The Ontario Ministry of the Environment and Climate Change has updated guidance on technical requirements that support the ministry’s risk framework for air standards, site-specific standard, technical standards and Upper Risk Thresholds (URTs) under the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) made under the Environmental Protection Act. The web links and documents for the updated documents are provided below:

Guideline for the Implementation of Air Standards in Ontario (Guideline A-12)

Guideline for the Implementation of Air Standards in Ontario (GIASO) Guideline for the Implementation of Air Standards in Ontario (GIASO) (3619 KB)

Guide to Requesting a Site-Specific Standard

Guide to Requesting a Site-specific Standard Guide to Requesting a Site-specific Standard (1552 KB)

Guide to Applying for Registration to the Technical Standards Registry – Air Pollution


The full EBR post can be viewed here:

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTI1MDMz&statusId=MTk0OTI0&language=en

For more information on these guidance documents, please contact Marnie Freer.

LEHDER Training Updates & Mark Roehler Obtains Certified Online Training Professional Designation

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Mark Roehler Receives Certified Online Training Professional (COTP) DesignationLEHDER is pleased to announce Principal Mark Roehler has obtained the Certified Online Training Professional designation from the International Council for Certified Online Training Professionals.  Congratulations, Mark!

LEHDER's O. Reg. 347 Subject Waste Webinar Series is currently underway with only 3 sessions left.  To participate in any of the remaining sessions, links to the registration module are provided below.  Please note, if you are interested in registering for the entire series yet have missed a module, recordings of the missed sessions and applicable resource materials will be provided upon registration.  The remaining sessions are provided below:

200-WB-05 Movement Documents for Subject Waste Shipments - February 28, 2017

200-WB-06 Subject Waste Full Webinar Series

The full listing of LEHDER webinars currently available can be found on the LEHDER Webinar page.

LEHDER Spring Classroom Sessions

The Ontario and Alberta spring classroom sessions are approaching - the Ontario sessions occur during March and early April; the Alberta sessions are taking place in Edmonton, AB, between April 18 and 21.  Please note - register early!  Courses can be cancelled two weeks in advance of course date if there is insufficient registration volumes.

To view the upcoming courses available, please select the appropriate location below:

Point Edward, Ontario

Edmonton, Alberta

For more information in regards to LEHDER's training capabilities, please contact Mark Roehler.

Recent EBR Postings - EASR & Cap and Trade Regulatory Decisions and the Air Contaminants Benchmarks (ACB) List

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Environmental RegistrySeveral important postings have been made to the Ontario Government's Environmental Registry (EBR) recently, including regulatory decisions on the Environmental Activity and Sector Registry (EASR) and Cap and Trade Program, in addition to the release of the Air Contaminants Benchmarks (ACB) List.

Environmental Activity and Sector Registry (EASR)

On September 26, 2016, the ministry posted a proposal for a regulation on the Environmental and Regulatory Registries that would require all but high risk and more complex activities with air and noise emissions to register in the Environmental Activity and Sector Registry (EASR).

On January 4, 2017, the regulatory decision was posted to the EBR (Registry # 012-8646) to prescribe the activities noted above for the purposes of subsection 20.21 (1) of the Environmental Protection Act (EPA). The new EASR regulation made under EPA is: O. Reg. 1/17: Registrations Under Part II.2 of the Act –Activities Requiring Assessment of Air Emissions.

It is anticipated that a French version of the regulation will be available to the public in 2017. In the interim for all inquiries in French please contact Doris Dumais at (416) 327-9466 or doris.dumais@ontario.ca.

Key elements of O. Reg. 1/17 include:

  • A list of sectors, defined by the North American Industry Classification System (NAICS) codes and activities that have been deemed higher-risk or more complex and therefore are not prescribed by this EASR regulation. These higher risk sectors and activities include, for example: chemical manufacturing, cement manufacturing, mining, land disposal of waste, processing of metals outdoors etc.The requirement that assessments of discharges of contaminants from a facility to air, including noise and odour emissions, be prepared prior to registration and prior to making any modifications to confirm compliance with environmental standards and regulation requirements. These reports must be signed and sealed by a licensed engineering practitioner.
  • Operation and maintenance procedures, complaints reporting/recording requirements and record-keeping requirements.
  • The requirement for prescribed activities currently operating under an Environmental Compliance Approval (ECA) to register under the Air Emissions EASR by January 31, 2027 or before making modifications to the facility or operation of the facility.The EASR publication incorporated by reference into the regulation that outlines limits and other mandatory requirements for facilities governed by the Air Emissions EASR regulation.

In general, the requirements set out in the Air Emissions EASR regulation are similar to the current environmental standards that have, to date, been implemented through the ECA process. The new EASR regulation will help provide more certainty for businesses and encourage growth, while protecting the environment and human health.

The ministry is also currently consulting on proposed amendments to O. Reg. 524/98 that would expand the current list of exemptions from section 9 of the EPA for low-risk activities/facilities (EBR # 012-8764). 

All supporting documents and additional information can be found on the EBR post for Registry #012-8646.

Cap and Trade Program

On December 28, 2016, the regulatory decision to proceed with amendments to the greenhouse gas cap and trade program was posted to the EBR (Registry # 012-8953).  The amendments include changes to the:

  • Cap and Trade Program Regulation (O. Reg. 144/16)
  • Methodology for Distribution of Ontario Emission Allowances Free of Charge
  • Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)
  • Guideline for Greenhouse Gas Emissions Reporting


To review the full list of amendments and associated documentation, please refer to the full EBR post for Registry #012-8953.

Air Contaminants Benchmarks (ACB) List 

On January 4, 2017, a notice  was posted (Registry #012-9165) that the Ministry of the Environment and Climate Change (MOECC) has prepared a document that compiles standards, guideline values and screening levels used to assess contaminants released to air. It serves as a single reference window and replaces the following documents:

  • Summary of Standards and Guidelines sorted by Chemical Abstracts Service (PIBS # 6569e01)
  • Summary of Standards and Guidelines sorted by Chemical Name (PIBS # 6569e01)
  • Jurisdictional Screening Level (JSL) List - A Screening Tool for Ontario Regulation 419 (PIBS #: 6547e)

The ACB List is intended for use primarily by an emitter who is required to prepare an Emission Summary and Dispersion Modelling (ESDM) report in accordance with Ontario’s Regulation 419/05 Air Pollution – Local Air Quality (“the Local Air Quality Regulation” or “the Regulation”) made under the Environmental Protection Act (EPA).

The ACB List includes the following benchmarks:

  • Benchmark 1 (B1) Values: Standards and guideline values
  • Benchmark 2 (B2) Values: Screening levels

Exceedence of a B1 value triggers specific actions under the Regulation. Exceedence of a B2 value triggers a toxicological assessment to determine the potential for an adverse effect.

The introduction of the ACB List is not a new policy
. The ACB List consolidates existing standards, guidelines and JSLs into one location.  Guidance on how to use the ACB List and the list itself are available through the ministry website at the link provided here