2.4 Part 4: pollution prevention

The evaluation identified one expected outcome for Part 4:

1. Where risks can be managed appropriately, industry is provided opportunities to identify and address toxic releases in a manner most appropriate to its operations.

The Act is designed to protect the environment and human health through pollution prevention. The Government of Canada has a duty to administer the Canadian Environmental Protection Act (CEPA 1999) in a manner that promotes and reinforces enforceable pollution prevention approaches.

Part 4 of CEPA 1999 has new provisions that assist in meeting these goals. Under the Act, people releasing toxic substances to the environment can be required to prepare and implement pollution prevention plans to minimize or eliminate the environmental and human health risks posed by these substances.

If Canadian air or water pollution affects another country or breaches an international agreement binding on Canada, CEPA 1999 can be used to require pollution prevention plans or regulations to be developed and implemented. The Act also can be used to require preparation and implementation of such plans by federal facilities. More generally, the authorities for regulations under Section 93 and for Codes of Practice and Guidelines under Part 3 provide broad authorities to require and promote pollution prevention planning as the preferred approach for managing a wide range of environmental and health risks.

The evaluation found that all relevant Ministerial obligations are being satisfied:

• Section 56(4) - The Minister has published notices of pollution prevention planning extensions that have been granted.
• Section 62(1) - Guidelines relating to pollution prevention planning have been developed.
• Section 62(2) - The Minister has formally offered to consult with provinces and territories, via the CEPA National Advisory Committee, on the pollution prevention guidelines created under Section 62(1).

The Department has issued five final and one proposed Canada Gazette Notices requiring the preparation and implementation of pollution prevention plans (see Box 2). Together, these final and proposed notices address 8 of the 22 substances declared toxic since the coming into force of CEPA 1999 (see Box 3) and 9 substances declared toxic under CEPA 1988.

Guidelines for the Implementation of the Pollution Prevention Planning Provisions of Part 4 of CEPA1999²² have been prepared and published to assist both government officials using Part 4 provisions as well as those parties responsible for preparing and implementing pollution prevention plans.

Additional tools have also been created, including the following:

• The Pollution Prevention Planning Handbook²³ provides an overview of pollution prevention, information on the pollution prevention planning process, a model pollution prevention plan and detailed information on pollution prevention practices and on certain analytical techniques for preparing a pollution prevention plan.
• The Pollution Prevention Planning Tutorial²⁴ provides an online step-by-step guide to the basics of developing a pollution prevention plan.
• The Canadian Pollution Prevention Information Clearinghouse²⁵ is a database providing Canadians with information about how to practise pollution prevention. More than 1200 references, ranging from fact sheets to case studies, can be searched.

Box 3 - Toxic Substances Managed through Pollution Prevention Planning Notices

Substances addressed by the final Canada GazetteNotices include:

• Acrylonitrile (C₃H₃N)
• Nonylphenol and its ethoxylates
• Effluents from textile mills that use wet processing
• Inorganic chloramines (NH_nCl(3-n), where n = 0, 1 or 2)

Substances addressed by the currently proposed notice include:

• Respirable particulate matter less than or equal to 10 microns
• Sulphur dioxide (SO₂)
• Particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both
• Particulate matter containing metals that is released in emissions from zinc plants

Environment Canada faces no key challenges in promoting the use of pollution prevention plans under Part 4.

By definition, pollution prevention planning provides industry with the flexibility to identify and address toxic releases in a manner most appropriate to its organizations' operations. Thus, the expected outcome of "where risks can be managed appropriately, industry is provided opportunities to identify and address toxic releases in a manner most appropriate to its operations" is likely to be achieved, provided the recent trend towards increased use of Part 4 requirements continues. To date, 8 of the 22 substances added to Schedule 1 since March 2000 are subject to Part 4 requirements.