The newly passed Toxics Reduction Act is going to affect virtually every company that now reports to NPRI) - please read this carefully.

The following material is cut and paste from an MOE communique:

Toxics Reduction Strategy: Updates and Public Consultation Sessions

 The Ministry of the Environment is taking another step as part of the Toxics Reduction Strategy. I would like to inform you of the following activities:
1.        O.Reg 125/10 has amended O.Reg. 455/09 to replace the static reference to the 2008 federal National Pollutant Release Inventory (NPRI) notice with a rolling reference to the NPRI notice that is applicable for any given year. More information on the rationale and impact of these technical amendments may be found at the end of this email.
2.        Proposed amendments to O.Reg. 455/09 have been posted to the Environmental Registry. The proposed amending regulation includes proposals for: the qualifications of the toxic substance reduction planners and their responsibilities; and the oversight model to govern them.
3.        Also through the same posting on the Environmental Registry, the ministry is seeking comments on a range of options for an enhanced toxics reduction planning process that would build upon the expertise and resources found in the workplace.

The ministry is seeking stakeholder and public comments on the draft amending regulation and the enhanced planning options. The draft amending regulation and enhanced planning options may be accessed on the Environmental Registry at www.ebr.gov.on.ca (enter Registry # EBR 010-9349) until Monday, May 17th, 2010.

In addition to the Environmental Registry posting, five (5) multi-stakeholder consultation and information sessions will be held across the province to present the amending regulation and enhanced planning options and receive feedback. The ministry will also present an overview of the technical amendments made to O.Reg. 455/09 and provide opportunities for questions at the sessions.

The sessions will take place from 9 am to 1 pm.  The dates and locations are as follows:

• Tuesday, April  13th, 2010 in Guelph
• Thursday, April 15th, 2010 in Ottawa
• Friday, April 16th, 2010 by Teleconference
• Monday, April 19th, 2010 in Toronto
• Thursday, April 22nd, 2010 in Sarnia

Supporting material will be provided at each session or in advance of the teleconference.

If you would like to register for one of these sessions, please e-mail toxics.reduction@ontario.ca specifying which session you would like to attend. A confirmation email will be returned with information regarding venues and materials. If you have questions regarding the sessions, you may also phone Celia Jackson at (416) 327-9639.

Yours truly,

Mary Anne Covelli
Director
Toxics Reduction Project

Overview of Technical Amendments to O.Reg 455/09
I would like to inform you that O.Reg 455/09 under the Toxics Reduction Act, 2009, has been amended (through O.Reg 125/10) to incorporate a rolling reference to National Pollutant Release Inventory (NPRI) Notices.  These amendments are technical in nature and are effective immediately.  The amendments replace the static reference to the 2008 NPRI Notice with a reference that incorporates NPRI notices for any applicable year. The Good Government Act, received Royal Assent on December 15, 2009, making it possible for a rolling incorporation of this kind.

The federal government publishes Notices under the NPRI regime yearly, often with changes to the rules and requirements for reporting. A rolling incorporation allows the ministry to keep its commitment to align with the federal NPRI program without the requirement to amend its O.Reg 455/09 annually.

The technical amendments include:

• Provisions that state that a facility is subject to the requirements of the Toxics Reduction Act if it meets all of the 'capture' criteria in any applicable year. The most notable of these 'capture criteria' are: facilities in the manufacturing sector or engaged in mineral processing and the requirement of that facility to provide information under the federal NPRI rules.
• For any applicable year, the calculation rules set out in the NPRI Notice apply to toxics accounting, planning and reporting (eg. the exemptions for substances contained in things or found in certain activities)
• For any applicable year, the quantities that facilities will report under NPRI for releases, disposals, and transfers will be the same quantities that are required to be  reported for releases, disposals and transfers under Ontario's Toxics Reduction Act
• Provisions that set out the requirements for facilities that no longer meet one of the capture criteria. Facilities will need to provide a one-time 'exit' record to the ministry by June 1st of the following year identifying which criterion was no longer met and the information used for that determination. The record must be certified by the highest ranking employee. With the exception of detailed information, the record will be posted on the Internet
• Currently the NPRI rules require facilities to provide information about dioxins, furans and hexachlorobenzene, regardless of the amount emitted at the facilities. As a result, the new technical amendments to O.Reg 455/09 include an exemption for facilities that are required to provide certain kinds of information about these substances under the NPRI rules. If a facility can show through monitoring or source testing that the concentration of these substances is below the levels of quantification set out in the NPRI notice, it may submit an 'exemption' record by June 1st of the following year. The facility would then be exempt from the accounting, reporting and planning requirements for that year. With the exception of detailed information, the record will be posted on the Internet. If a facility submits exemption records for three (3) consecutive years, the facility no longer has any requirements under the Act and regulation unless the amount of the dioxins, furans, and hexachlorobenzene meet or exceed the level of quantification at a future time.
• The technical amendments also include provisions about how facilities are re-captured under the Act if criteria are met again or in the case of exemptions for dioxins, furans and hexachlorobenzene, if the facility rises above the level of quantification. These rules are necessitated by the rolling reference.  They include the following:
  • If a facility has not been required to plan, account or report on a particular substance for two (2) or less years, the facility may use its existing plan and act as if there was no interruption in the planning/review cycle as long as it did not meet the criteria on a year that would have been a review year or the year after a review year. If the facility met the criteria on a review year or the year after a review year, it must act like it was its first year captured under the Act and regulation for that substance.
  • If a facility has not been required to plan, account or report on a particular substance for three (3) or more years, the facility must act like it was its first year captured under the Act and regulation for that substance.

The above is meant to summarize the new provisions in the amended O. Reg 455/10 and it should be read in conjunction with the regulation. In the event of a conflict the regulation is applicable.

Additional information on the Toxics Reduction Strategy can be accessed at:

1. Ontario's Toxics Reduction Website:  http://www.ene.gov.on.ca/en/toxics/index.php

2. Toxics Reduction Act, 2009: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_09t19_e.htm

3. Ontario Regulation 455/09: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_090455_e.htm

4. EBR posting of Information Notice on Technical Amendment made to Ontario Regulation 455/09 (Registry # EBR 010-9139)- http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA5MDIy&statusId=MTYzNzEz&language=en

5. EBR posting of Information Notice  on Proposed Amendments to Ontario Regulation 455/09 and Policy Options for Enhanced Planning (Registry # EBR 010-9349) - http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA5MjQw&statusId=MTY0MTEw&language=en