Pollution Prevention Planning for Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents in Municipal Wastewater Effluents - Working Document

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Part 4 of the Canadian Environmental Protection Act, 1999

For consultation purposes

July 2002

List of Acronyms and Abbreviations

Preface

Pollution Prevention Planning for Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents in Municipal Wastewater Effluents

1. Persons or class of persons required to prepare and implement a pollution prevention plan
2. Activities in relation to which the plan is to be prepared
3. Factors to consider in preparing the plans
4. Timelines for the preparation and implementation of the pollution prevention plans
5. Content of Plans
6. Requirement to keep plan
7. Declaration of Preparation
8. Declaration of Implementation
9. Filing of amended declarations
10. Interim Progress reports
11. Use of a plan prepared or implemented for another purpose
12. Extension of time
13. Application for waiver of factors to consider
14. Appendix and Schedules

This document presents the elements proposed by Environment Canada for the preparation of pollution prevention plans for ammonia¹, inorganic chloramines and chlorinated wastewater effluents. The information is presented in the format envisaged for the Notice to be published in the Canada Gazette, Part 1 before June 23, 2003 setting out the proposed pollution prevention plan requirements under CEPA 1999. This document describes the proposed criteria to be used to determine the wastewater systems for which pollution prevention plans will be required and outlines the proposed considerations to be taken into account in preparing the plans.

This document is supporting, and is to be used with, Environment Canada's Proposed Risk Management Strategy addressing Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents under CEPA 1999.

The following is a working document presenting the main elements that Environment Canada proposes to include in a section 56 notice requiring the preparation and implementation of pollution prevention plans for ammonia, inorganic chloramines and chlorinated wastewater effluents under Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Comments received on this document will be considered in developing a proposed notice pursuant to section 56 that will be published under section 91 of CEPA 1999 in the Canada Gazette, Part 1 for a 60-day comment period.

More information on pollution prevention planning can be found in the Guidelines for the Implementation of the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). These guidelines and other information related to pollution prevention and pollution prevention planning can be found at www.ec.gc.ca/nopp

CEPA-toxic substances to be included in the Notice:

• Ammonia
• Inorganic Chloramines
• Chlorinated Wastewater Effluents

Any person who owns or operates a municipal wastewater collection system that, on the date of publication of the final notice, discharges treated or untreated wastewater effluent to surface water or to any surface location where it enters, or may enter, surface water where:

1. (A) chlorine or chlorine compounds are used on a regular or seasonal basis to disinfect the wastewater prior to discharge, or;
   (B) the average total ammonia concentration in the discharge exceeds 20 mg/L; (The average total ammonia concentration is the arithmetic mean of at least 3 monthly averages over the months of June, July, August and September. The monthly average is the arithmetic mean of at least 3 samples taken at least one day apart.) and
2. the annual average effluent discharge volume is 10,000 m³day or greater; and
3. the effluent does not meet the risk management objectives as specified in paragraph 3.

The criteria used to select wastewater systems are illustrated in Figure 1.

The person may be a province, a municipality, a territory, a company or an individual, and may own or operate more than one physically independent wastewater collection system. A wastewater collection system (also known as a sanitary or combined sewer system or network) includes sewers, any treatment plant or facility, all treatment plant outfalls, pumping stations and overflow outfalls, combined sewer outfalls and raw sewage outfalls within a discrete system.

If a person owns or operates more than one wastewater collection system within a region or area, one plan may be prepared and implemented for all the systems, as long as it addresses each system individually. All Declarations, Interim Progress Reports and Requests for time extensions or waivers must be filed separately for each system.

Figure 1: Proposed Criteria to Determine the Wastewater Systems for which Pollution Prevention Plans will be Required under CEPA 1999

1. collection of wastewater;
2. primary, secondary or other treatment of wastewater;
3. disinfection of wastewater using chlorine or chlorine compounds;
4. dechlorination of wastewater; and
5. discharge of municipal wastewater effluent at main outfalls.

The scope of the pollution prevention plan does not have to include overflows (e.g. combined sewer overflows and sanitary sewer overflows), separate storm water sewer systems, or residuals, sludges and biosolids management activities, although inclusion of these activities into the plan would make it more comprehensive.

1. Environment Canada has the following risk management objectives for the implementation of the pollution prevention plans:
   • For inorganic chloramines and chlorinated wastewater effluent, no acute lethality from these substances. Success in achieving this objective will be indicated by achieving a maximum effluent discharge concentration of 20 µg/L total residual chlorine (TRC), calculated as the mean of a minimum of 5 samples taken at least 1 week apart.
   • For ammonia, no acute lethality from ammonia. This means achieving a site-specific effluent discharge limit, calculated using the method explained in Appendix 1.
2. The existing Canadian Council of Ministers of the Environment (CCME) Canadian Water Quality Guidelines for the Protection of Aquatic Life for chlorine and ammonia are, 0.5 µg/L reactive chlorine species in both fresh and salt water, and 19 µg/L un-ionized ammonia in fresh water, respectively.
3. In preparing a pollution prevention plan, priority is to be given to pollution prevention activities, that is, the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health. In this particular instance, pollution prevention activities are useful with respect to discharges into the collection system through source control programs such as sewer use bylaws.
4. Persons should also consider the proposed long-term direction in Environment Canada's Proposed Risk Management Strategy addressing Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents under CEPA 1999.

The pollution prevention plan must be prepared within 12 months of the publication date of the Notice (hereafter called the Final Notice) requiring the preparation and implementation of pollution prevention plans in respect of inorganic chloramines, chlorinated wastewater effluent and ammonia in wastewater.

The pollution prevention plan must be implemented within 48 months after the end of the period within which the plan is to be prepared.

The proposed timelines for the publication of Notices, preparation and implementation of the pollution prevention plans are illustrated in Figure 2.

Figure 2: Proposed Timelines for the Publication of Notices, and the Preparation and Implementation of Pollution Prevention Plans

Persons preparing the plan are to determine the appropriate content of their own plan; however, it must address all requirements of the Final Notice, and contain and support the information to be filed in the Declarations and the Interim Progress Reports. If a person owns or operates more than one wastewater system, one plan may be prepared and implemented for all systems, as long as it addresses each system individually.

Pursuant to section 59 of CEPA 1999, all persons identified in paragraph 1 must keep a copy of the plan at the place in Canada in relation to which the plan is prepared. If a person owns or operates more than one wastewater collection system and has prepared only one plan as described in paragraph 5, a copy of that plan must be kept at each collection and/or treatment system in relation to which the plan was prepared.

A form entitled "Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (Subsection 58(1) of CEPA 1999)" is given in Schedule 1 of this document. This declaration must be filed for each wastewater collection system within 30 days after the end of the period within which the plan is to be prepared (paragraph 4).

A form entitled " Declaration that a Pollution Prevention Plan has been Implemented - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (Subsection 58(2) of CEPA 1999)" is given in Schedule 5. This declaration must be filed for each wastewater collection system. It must be filed within 30 days after the completion of the implementation of the plan, and no later than 30 days after the time period specified in paragraph 4.

Where a person has filed a Declaration of Preparation or Implementation referred to in paragraphs 7 and 8, and the Declaration contains information that at any time thereafter becomes false or misleading, that person shall file an amended Declaration within 30 days after that time.

A form entitled "Interim Progress Report - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents" is given in Schedule 4. This Interim Progress Report #1 must be filed for each wastewater collection system within 24 months after the end of the period within which the plan is to be prepared (paragraph 4). If a Declaration of Implementation is submitted before the Interim Progress Report is due, then the requirement to submit such an Interim Progress Report is nullified.

Where a person has filed an Interim Progress Report that contains information that at any time after the filing becomes false or misleading, that person shall file an amended report within 30 days after that time.

Pollution prevention plans prepared or implemented for another purpose can be used to satisfy the requirements of the Final Notice as specified in subsection 57(1) of CEPA 1999. Under subsection 57(2) of CEPA 1999, where a person uses a plan that does not meet all the requirements of the Final Notice, the person can amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. Persons using plans prepared for another purpose must still file the Declaration of Preparation referred to in paragraph 7, the Declaration of Implementation referred to in paragraph 8, any amended declarations referred to in paragraph 9, where applicable, and the Interim Progress Report referred to in paragraph 10.

Where the Minister is of the opinion that further time is necessary to prepare or to implement the plan as specified in paragraph 4, the Minister may extend the period for a person who submits a written Request for Extension of Time - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluentsusing the form given in Schedule 3 before the expiry of the date referred to in paragraph 4 or before the expiry of any extended period.Where the Minister is of the opinion that further time is necessary to file an Interim Progress Report under paragraph 10, the Minister may extend the date on which the Interim Progress Report must be filed for a person who submits a written Request for Extension of Time - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents using the form given in Schedule 3 before the date referred to in paragraph 10 or before the expiry of any extended period.

Where the Minister is of the opinion that it is not reasonable or practicable to consider a factor specified in the Final Notice, the Minister may waive the requirement to consider that factor for a person who submits a written Request for Waiver of Factors to Consider - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (Subsection 56(5) of CEPA 1999) using the form given in Schedule 2, providing reasons for the request before the expiry of the period within which the plan is to be prepared (paragraph 4).

Schedule 1: Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (Subsection 58(1) of CEPA 1999) (See the pdf file.)

Schedule 2: Request for Waiver of Factors to Consider - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (Subsection 56(5) of CEPA 1999) (See the pdf file.)

Schedule 3: Request for Extension of Time - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (See the pdf file.)

Schedule 4: Interim Progress Report - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (See the pdf file.)

Schedule 5: Declaration that a Pollution Prevention Plan has been Implemented - Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents (Subsection 58(2) of CEPA 1999) (See the pdf file.)

¹ Note that the nomenclature for Ammonia is subject to change. This applies to the entire document.