Changes to Toxics Reduction Regulations – 2018 Reporting Year

     Posted by Marnie Freer on

Changes to Toxics Reduction Regulations – 2018 Reporting Year

The Ontario Ministry of the Environment, Conservation and Parks (MECP) has promulgated changes to the Toxics Reduction Reporting requirements by amending O. Reg. 455/09 and finalizing the planned repeal of the Toxics Reduction Act and associated Regulations.  The Act and Regulations will be repealed as of December 31, 2021.  Therefore, annual Toxics Accounting Reports will be required on June 1, 2019, June 1, 2020 and June 1, 2021 for substances that have been previously reported.  There won’t be any further regulatory obligations after June of 2021.

In accordance with the amended O. Reg. 455/09, reporting will still be required until the repeal date of December 31, 2021.  However, facilities do not have to submit an annual Toxics Accounting Report (due June 1, annually) if:

  • A substance triggered the threshold for the first time in 2018 (new substance does not require reporting)
  • The facility has never reported under this program but met the reporting threshold in 2018 for the first time (no report required)
  • The facility previously submitted an exit record for a substance, but triggered again in 2018 (substance does not require reporting) 

Facilities that have reported in previous years must continue to submit annual Toxics Accounting Reports for all substances previously reported that also meet the threshold in 2018. The amended Regulation also eliminates the requirement to review/update Toxics Reduction Plans and submit the associated Plan Summaries which originally had a due date of December 31, 2019.   More details are available on the Toxics Reduction Program website.  Contact LEHDER for more information and assistance.

Recent EBR Decisions - Cumulative Effects, ACB List and Toxics Reduction Act/O. Reg. 455/09

     Posted by LEHDER News on

The MOECC has posted multiple decisions recently to the Environmental Registry of Ontario (ERO, formerly referred to as the Environmental Registry, or EBR).  A brief overview and links to the appropriate documents/ ERO postings are available below.

Amendments to Ontario Regulation 455/09 and Creation of a New Services Documents Regulation under the Toxics Reduction Act

Decision Posted: April 24, 2018
ERO Number: 012-8583

Decision Summary

We have changed when facilities have to review their toxic reduction plans. This will help to align the first two plan reviews with federal timelines and ensure facilities plan and report on current and relevant toxic substances. We also made a new regulation to provide more options to serve documents making it consistent with other regulations.

The full EOR posting is available at https://ero.ontario.ca/notice/012-8583?mc_cid=3b1a5feaf0&mc_eid=4e23b95e90

Cumulative Effects Assessment in Air Approvals

Decision Posted: April 26, 2018
ERO Number: 013-1680

Decision Summary

We have a new policy to improve how we consider cumulative impacts from multiple air pollution sources. The policy applies to air emissions of benzene and benzo[a]pyrene in the Hamilton/Burlington area and benzene in the Sarnia/Corunna area.

Note: This will guide decisions on ECAs for new or expanding facilities and will apply to all ECA applications submitted after October 1, 2018.

The full ERO posting is available at https://ero.ontario.ca/notice/013-1680; a copy of the policy is also provided below.

Cumulative Effects Assessment (CEA) in Air Approvals Cumulative Effects Assessment (CEA) in Air Approvals (118 KB)

New/Updated Screening Levels for the Air Contaminants Benchmarks (ACB) List

Decision Posted: April 27, 2018
ERO Number: 013-2207

Decision Summary

We have updated the Air Contaminants Benchmarks (ACB) list with new or updated screening levels for over 4,500 air contaminants.

Note: This update to the ACB list also includes the new and updated air standards for sulphur dioxide, announced on March 20, 2018 (ERO# 013-0903)

The full ERO posting is available at https://ero.ontario.ca/notice/013-2207


Ontario Government - Red Tape Challenge for Chemical Manufacturing

     Posted by LEHDER News on

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:


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.

Proposed Amendments to Ontario Regulation 455/09 and the Toxics Reduction Act Posted for Comments

     Posted by LEHDER News on

On July 28, 2017, proposed amendments to Ontario Regulation 455/09 and creation of a new services documents regulation under the Toxics Reduction Act were posted to the Environmental Registry.  Comments on the proposals must be submitted by September 26, 2017.  The full EBR posting, EBR Registry Number 012-8583, can be viewed at the following link.  Excerpts from the post providing an overview of the proposed amendments is provided below as well.

EBR Registry Number 012-8583:


Proposed Amendments to O. Reg. 455/09:

MOECC is proposing that O. Reg. 455/09 be amended with respect to:

1. Reducing a reporting requirement from the annual report for the regulated community Require facilities to report on the estimated amounts of toxic substance reductions from the implementation of more than one option in aggregate rather than per option, as is currently the case.

2. Modifying the planning process to focus on technically feasible options Modify the toxic substance reduction planning process so that estimates of reduction in the use, creation, and discharge of a toxic substance included in the plan would only be required for those reduction options determined to be technically feasible.

3. Simplifying the toxic substance plan review process When creating a new version of a plan as a result of a review of the plan, a facility:

  • Would be required to provide a new statement of intention to reduce a toxic substance or, alternately, the reasons for not making such a statement. A rationale explaining the changes from the previous plan would no longer be required.
  • Would be required to update the objectives, but would not be required to provide a rationale explaining the changes from the previous plan.
  • Would no longer be required to include all the previous years’ records since the current plan was created. Only the previous year’s accounting records would be required to be included. Facilities are already required to retain all documents and records created or acquired for preparing, amending and reviewing plans, and for tracking and quantifying substances for a minimum of seven years.

4. Adjust the schedule and timing of the plan review process Change the date by which facilities must review and prepare a new version of their toxic substance reduction plans from December 31, 2018 to December 31, 2019, and require subsequent reviews of plans take place every sixth year instead of every fifth year.

5. Protecting business confidentiality For the purpose of reporting to the public, require year-over-year comparisons for the use, creation and contained in product to be expressed in percentages only, and not in actual units of measurement as well, as is currently the case.

6. Aligning with changes made to the NPRI reporting requirements

  • Automatically provide facilities with an extension to the due date for submitting, annual reports, exit records and exemption records if NPRI reporting deadlines are extended.
  • Provide the Director with the discretion to extend the due date for submitting plan summaries if there are technical difficulties with submitting them through the online reporting interface (i.e., Single Window).
  • Align administrative information required by the Toxics Reduction Program with that required by NPRI. The changes focus on the North American Industry Classification System (NAICS) codes, spatial coordinates, and email addresses.

7. Clarifying language and intent of the regulation

  • Add a requirement that the annual report information required to be made available to the public on the internet be done so on or before December 31st in the calendar year in which the report was given to the Director and remain available for the duration it is current.
  • Add a requirement that a plan summary be made available on the internet for the duration it is current.
  • Clarify that only certain documents, such as annual reports or plan summaries that are submitted to the Director are the documents that must be submitted in an electronic form approved by the Director.

8. Administrative/housekeeping changes

9. Removing provisions that no longer apply

Proposed New Service of Documents Regulation under the Toxics Reduction Act:

Make a new service of documents regulation under the TRA to modernize how certain documents are served. This would be similar to service of documents regulations found under the Environmental Protection, Safe Drinking Water, Pesticides, Nutrient Management, Clean Water, and Ontario Water Resources Acts.

Comments must be submitted by September 26, 2017 and can be submitted by mail or online:

Erin Harrigan Podgaiz
Senior Program Advisor
Ministry of the Environment and Climate Change
Environmental Programs Division
Program Management Branch
40 St Clair Avenue West
4th floor
Toronto Ontario
Phone: (416) 325-4103

For more information, please contact Marnie Freer.