Section 2: Overview of Reporting Criteria

• 2.1 Understanding the 2000 Canada Gazette Notice
• 2.2 Steps for Reporting
• 2.3 Determining Whether You Are Required to Report
• 2.4 Facility
• 2.5 Exempt Facilities
• 2.6 Employee Criteria
• 2.7 Activities to Which the 20 000-hour Employee Threshold does not Apply
  • 2.7.1 Waste Incineration Activities
  • 2.7.2 Wood Preservation Activity
• 2.8 On-site Releases and Off-Site Transfers for Disposal or Recycling
• 2.9 Manufacture, Process and Other Use
  • 2.9.1 Manufacture
  • 2.9.2 Process
  • 2.9.3 Other Use
• 2.10 Article
• 2.11 Exclusions
• 2.12 If You Are Required to Report for Alternate-Threshold Substances
• 2.13 If You Are Not Required to Report for Alternate-Threshold Substances

Notices pertaining to reporting to the NPRI are published annually in the Canada Gazette, Part I.

Reference to the 2000 Canada Gazette notice includes the "Notice with Respect to Substances in the National Pollutant Release Inventory for 2000" published on December 25, 1999, and its amendment published on December 23, 2000. The 2000 Canada Gazette notice sets out the NPRI list of substances, the criteria for reporting, the types of information subject to the notice, and several definitions. An overview of the 2000 Canada Gazette notice follows.

The 2000 Canada Gazette notice is divided into four schedules with several parts in each.

Schedule 1 - National Pollutant Release Inventory Substances

Schedule 1 lists all substances in the NPRI, and is broken into the following four parts according to the reporting criteria for the substances:

• Part 1 lists the 248 substances to which the original NPRI reporting criteria apply (10-tonne, manufacture, process and other use reporting threshold with 1% concentration exemption, except for by-products)
• Part 2 lists mercury (and its compounds)
• Part 3 lists 17 individual PAHs, and
• Part 4 lists dioxins/furans and HCB.

Schedule 2 - Criteria for Reporting

• General - reporting deadline, exclusions and exemptions
• Part 1 - reporting criteria for substances listed in Schedule 1, Part 1
• Part 2 - reporting criteria for mercury (and its compounds) listed in Schedule 1, Part 2
• Part 3 - reporting criteria for the 17 PAHs listed in Schedule 1, Part 3
• Part 4 - reporting criteria for dioxins/furans and HCB listed in Schedule 1, Part 4, and
• Part 5 - five activities to which the 20 000-hour employee threshold does not apply.

Schedule 3 - Types of Information Subject to Notice

Schedule 3 outlines the types of information that must be submitted by facilities which met the reporting criteria defined in Schedule 2, including the information that is reported to the NPRI for each substance. Some information in Schedule 3 is applicable only to alternate-threshold substances (i.e., sections 5-8).

Schedule 4 - Definitions

Schedule 4 provides definitions of several terms used in the notice.

If you have any difficulties understanding the 2000 Canada Gazette notice, this Supplementary Guide or the Guide for Reporting, please contact your regional NPRI office listed inside the front cover.

Reporting for NPRI-listed substances is a two-step process as outlined below:

1. Determine if the reporting criteria have been met for a substance listed in the NPRI.

The reporting criteria for all substances listed in the NPRI are provided in the flowchart in Figure 1 (see section 2.3). The criteria for the Schedule 1, Part 1, substances are further explained in the Guide for Reporting. This Supplementary Guide explains the reporting criteria for the alternate-threshold substances.

2. Complete the NPRI report for that substance.

Once you have determined that your facility is required to report to the NPRI for a certain substance, you must report the required information (in most cases, the quantities of on-site releases and off-site transfers) for that substance. This Supplementary Guide explains in detail, the information that must be reported for alternate-threshold substances (see "What You Must Report" in Chapters 3 to 5). The Guide for Reporting details the information required in the substance report and how to complete the NPRI electronic reporting form for all NPRI-listed substances.

In general, any person who owns or operates a facility must submit a report to the NPRI for a substance listed in Schedule 1 of the 2000 Canada Gazette notice if, during the 2000 calendar year:

• the facility was not exempt (see section 2.5)
• employees worked a total of 20 000 hours or more OR the facility was used for an activity to which the 20 000-hour employee threshold does not apply (see section 2.6), and
• the facility met the substance-specific reporting criteria for the NPRI-listed substance.

Figure 1 outlines the reporting criteria for all NPRI substances.

Figure 1: Criteria for Reporting to the NPRI for 2000

Details about the reporting criteria for mercury (and its compounds), PAHs, dioxins/furans, and HCB are in Chapters 3 to 5 of this Supplementary Guide. The lower reporting threshold (5 kg) for mercury (and its compounds) is based on quantities manufactured, processed or otherwise used. The reporting criteria for PAHs are based on the quantities released or transferred as a result of incidental manufacture. The reporting criteria for dioxins/furans and HCB are based on the activity in which the facility was engaged. There are special reporting criteria for PAHs, dioxins/furans and HCB for facilities used for wood preservation.

Chapter 6 summarizes the reporting criteria for facilities used for wood preservation. A facility used for wood preservation is required to report for PAHs if it used creosote, and to report for dioxins/furans and HCB if it used pentachlorophenol.

Further information, including an explanation and examples of calculating the reporting threshold for substances listed in Schedule 1, Part 1, of the 2000 Canada Gazette notice, can be found in the Guide for Reporting.

A "facility" refers to all buildings, equipment, structures and stationary items that are located on a single site or on contiguous or adjacent sites that are owned or operated by the same person and function as a single integrated site.

Certain facilities, or parts thereof, as identified in the 2000 Canada Gazette notice are currently exempt from reporting to the NPRI. A facility, or any part thereof, is exempt from reporting if used exclusively for one of the following activities:

• educating or training students, such as universities, colleges and schools
• research or testing
• the maintenance and repair of transportation vehicles, such as automobiles, trucks, locomotives, ships or aircraft
• the distribution, storage or retail sale of fuels
• the wholesale or retail sale of articles or products which contain NPRI substances, provided that the substances are not released to the environment during normal use at the facility
• the retail sale of NPRI substances
• growing, harvesting or managing renewable natural resources, such as fisheries, forestry or agriculture, but not those facilities that process or otherwise use their products
• mining, but not those facilities engaged in further processing of mined materials
• drilling or operating wells to obtain oil and gas products, but not those facilities engaged in further processing of these oil and gas products, or
• the practice of dentistry.

A facility is not required to report to the NPRI if, during the 2000 calendar year:

• the total number of hours worked by all employees was less than 20 000 hours (employee threshold),

AND

• the facility was not used for any of the activities listed in Schedule 2, Part 5, of the 2000 Canada Gazettenotice (see Table 1).

The total number of hours worked includes paid vacation and sick leave. Owners, students, part-time and contract employees are included in this calculation. This threshold depends specifically on the number of hours worked by all employees at the facility during the calendar year and not on the number of persons working. When reporting to the NPRI, 10 "full-time employees" is equivalent to 20 000 hours worked.

If your facility was used for any activity set out in Schedule 2, Part 5, of the 2000 Canada Gazette notice, you must submit a substance report for any NPRI substance that met its respective reporting criteria, regardless of the number of hours worked by employees. These activities are listed in Table 1 and further described below.

Industrial classifications are a means of identifying different types of businesses and industries. The NPRI has adopted the North American Industry Classification System (NAICS) as the standard for identifying sectors. The NAICS codes listed in Table 1 are provided to help identify facilities that may be used for these activities, however it is the activity and not the NAICS code that determines whether a facility is required to report to the NPRI for activities listed in Table 1.

The first four activities listed in Table 1 are forms of waste incineration. Waste incineration, for the purposes of the NPRI, only includes incineration that takes place in a waste incinerator. Waste incineration does not include open burning of wastes.

A waste incinerator is a device, mechanism or structure constructed primarily to thermally treat (e.g., combust or pyrolyze) a waste for the purpose of reducing its volume, destroying a hazardous chemical present in the waste, or destroying pathogens present in the waste. This includes facilities where waste heat is recovered as a by-product from the exhaust gases from an incinerator (e.g., energy-from-waste incinerators). This also includes conical (or teepee) burners and beehive burners. This does not include industrial processes where fuel derived from waste is fired as an energy source, such as industrial boilers.

a) Non-hazardous solid waste incineration of 100 tonnes or more of waste per year, including small combustion units, teepee burners and beehive burners

Non-hazardous solid waste means any waste, regardless of origin, which might normally be disposed of in a non-secure manner, such as at a sanitary landfill site, if not incinerated. It includes clean wood waste, i.e., waste from woodworking or forest product operations, including bark, where the wood waste has not been treated with preservative chemicals (e.g., pentachlorophenol) or decorative coatings. Non-hazardous solid waste incineration includes incineration of residential and other municipal wastes in conical (or teepee) burners, and clean wood waste in beehive burners.

A facility used for the incineration of 100 tonnes or more of non-hazardous solid waste per year is required to report to the NPRI if it met the substance criteria, regardless of the number of hours worked by employees.

b) Biomedical or hospital waste incineration of 100 tonnes or more of waste per year

Biomedical waste is defined fully in Appendix 4. Biomedical or hospital waste refers to waste that is generated by:

• human or animal health-care facilities
• medical or veterinary research and testing establishments
• health-care teaching establishments
• clinical testing or research laboratories, and
• facilities involved in the production or testing of vaccines.

Biomedical or hospital waste includes human anatomical waste and animal waste. It also includes microbiology laboratory waste, human blood and body fluid waste, and waste sharps that have not been disinfected or decontaminated. It does not include waste from animal husbandry, or waste that is controlled in accordance with the Health of Animals Act (Canada).

Wastes that are household in origin, or that are generated in the food production, general building maintenance and office administration activities of those facilities to which this definition applies, are not considered to be biomedical or hospital waste but rather to be non-hazardous solid waste.

A facility used for the biomedical or hospital waste incineration of 100 tonnes or more of waste per year is required to report to the NPRI if it met the substance criteria, regardless of the number of hours worked by employees.

c) Hazardous waste incineration

Hazardous waste is defined fully in Appendix 5. Hazardous waste includes those wastes that are potentially hazardous to human health and/or the environment because of their nature and quantity, and that require special handling techniques. Hazardous waste incinerators must be licensed by the responsible jurisdiction. Hazardous waste incinerated in a mobile incinerator temporarily located at your facility must be included as part of this activity.

A facility used for the incineration of hazardous waste is required to report to the NPRI if it met the substance criteria, regardless of the number of hours worked by employees or the quantities incinerated.

d) Sewage sludge incineration

Sludge means a semi-liquid mass removed from a liquid flow of wastes. Sewage sludge means sludge from a facility treating wastewater from a sanitary sewer system.

A facility used for the incineration of sewage sludge is required to report to the NPRI if it met the substance criteria, regardless of the number of hours worked by employees or the quantities incinerated.

Wood Preservation (using heat or pressure treatment, or both)

A facility used for wood preservation is required to report to the NPRI for Schedule 1, Part 1, substances and mercury (and its compounds), regardless of the number of hours worked by employees, if it met the substance criteria.

Wood Preservation Using Creosote

A facility used for wood preservation must report for any of the 17 individual PAHs released on site or transferred off site from a wood-preservation process using creosote, regardless of the number of hours worked by employees. This reporting criterion is found in Schedule 2, Part 3, of the 2000 Canada Gazette notice.

Wood Preservation Using Pentachlorophenol

A facility used for wood preservation using pentachlorophenol must report for dioxins/furans and HCB, regardless of the number of hours worked by employees or the quantities of dioxins/furans and HCB released or transferred. This reporting criterion is found in Schedule 2, Part 4, of the 2000 Canada Gazette notice.

An "on-site release" is an on-site discharge of a pollutant to the environment. This includes emissions to air, discharges to surface waters, on-site releases to land and deep-well underground injection, within the boundaries of the facility.

An "off-site transfer" is a shipment of an NPRI substance to an off-site location for disposal or recycling.

"Disposal" is final disposal of the material (e.g., landfill), or storage and treatment (e.g., stabilization) prior to final disposal.

"Recycling" refers to activities that keep a material or a component of the material from becoming a waste destined for final disposal. Recyclable materials may be reprocessed to their original specifications and reused for their original purpose or used for an entirely different purpose. Components may be recovered from the recyclable material or the material may be used as a fuel for energy recovery. The recyclable material may be used in the manufacture of another product. For the purposes of the NPRI, recycling also includes substances sent back to the manufacturer or supplier for reprocessing, repackaging, resale or for credit or payment.

The terms "manufacture", "process" and "other use" are defined in Schedule 4 of the 2000 Canada Gazette notice, and are part of the reporting criteria for Part 1 and 2 substances. A substance listed in Schedule 1, Part 1, of the 2000 Canada Gazette notice at a concentration equal to or greater than 1% by weight or an NPRI by-product at a concentration of less than 1% by weight, is only included in the calculation of the 10-tonne reporting threshold if it has been manufactured, processed or otherwise used.

The reporting threshold for mercury (and its compounds) is 5 kg manufactured, processed or otherwise used. The 1% concentration exemption does not apply to this substance and its compounds.

The term "manufacture" means to produce, prepare or compound an NPRI substance. This also includes the incidental manufacture of an NPRI substance as a by-product resulting from the manufacture, processing or other use of other substances.

A "by-product" is defined as a substance, listed in Schedule 1, which is incidentally manufactured, processed or otherwise used at the facility at a concentration of less than 1% by weight, and released on site to the environment or transferred off site for disposal. More detailed descriptions of the application of the term by-product and the 1% concentration exemption are provided in the Guide for Reporting.

For the purposes of the NPRI, "incidental manufacture" of a substance refers to the manufacture of that substance merely by chance or without intention or calculation.

The 50-kg reporting threshold for PAHs is based on the total of the on-site releases and off-site transfers resulting from the incidental manufacture of these compounds. Reporting is required for any of the 17 individual PAHs that were released and transferred from a facility used for wood preservation using creosote.

Only on-site releases and off-site transfers resulting from incidental manufacture of dioxins/furans and HCB by facilities engaged in specific activities are to be reported. Reporting of dioxins/furans and HCB is also required by facilities used for wood preservation using pentachlorophenol.

The term "process" means the preparation of an NPRI substance, after its manufacture, for distribution in commerce. Processing includes preparation of a substance with or without changes in physical state or chemical form. The term also applies to the processing of a mixture or formulation that contains an NPRI substance as one component, as well as the processing of "articles" (see section 2.10).

The terms "other use" and "otherwise used" encompass any use of an NPRI substance at a facility that does not fall under the definitions of "manufacture" or "process". This includes the use of the substance as a chemical processing aid, manufacturing aid or some other ancillary use. "Other use" does not include routine janitorial or facility grounds maintenance.

An "article" is defined as a manufactured item that does not release an NPRI substance under normal conditions of processing or use. When articles such as metal sheets and bars are processed (punched, cut or sheared) and there are no releases, or the releases such as metal shearings or pieces are recycled 100% or with due care, the NPRI substances in that article need not be included in the threshold calculation. Exercising "due care" in ensuring 100% recycling means that the facility generated less than 1 kg of a substance listed in Schedule 1, Part 1, of the 2000 Canada Gazette notice as waste during the calendar year. Because of the low reporting threshold, Environment Canada has set no quantitative measure of "due care" in recycling mercury (and its compounds). Therefore, if an "article" containing mercury (and its compounds) is processed and there are releases, the mercury (and its compounds) must be included in the threshold calculation. Materials that are welded lose their "article" status because there are releases from the article during welding.

In calculating the quantity of an NPRI substance that is manufactured, processed or otherwise used at your facility [e.g., mercury (and its compounds)], do not include the quantity of the substance that is:

• contained in "articles" that are processed or otherwise used
• contained in materials used as structural components of the facility - The exclusion of structural components of the facility from the reporting threshold is limited to buildings and other fixed structures but does not include process equipment.
• contained in materials used in routine janitorial or facility grounds maintenance - The maintenance of processing equipment is not considered "routine janitorial" or "facility grounds" maintenance. For example, if manufacturing or processing equipment is cleaned with a solvent, the amount of the NPRI substance(s) contained in the solvent should be included in the threshold calculation.
• contained in materials used for personal use by employees or other persons
• used for the purpose of maintaining motor vehicles operated by the facility, or
• present in intake water or intake air - This refers to water used for process cooling or air used either as compressed air or for combustion.

Once you have determined that your facility is required to submit a report for an NPRI substance listed at an alternate threshold, all on-site releases and transfers off site for disposal or recycling of that substance must be reported for most substances, regardless of their concentration or quantity (including "zero" releases and transfers). There are special reporting requirements for dioxins/furans and HCB.

You must account for total releases of alternate-threshold substances (mercury, PAHs, dioxins/furans and HCB) from your facility to each environmental medium (air, water, land and underground injection). You may not report the total releases to all media combined, as is possible for Schedule 1, Part 1, substances with releases of less than 1 tonne.

If you have concluded that you are required to submit a report for your facility for 2000, please refer to the Guide for Reporting which describes all fields in the reporting software and the information required for each. It also explains the reporting criteria of the Schedule 1, Part 1, substances listed in the NPRI. It should be used in conjunction with this Supplementary Guide when completing an NPRI report.

The 2000 Canada Gazette notice states that the information required by the NPRI need only be reported to the Minister of the Environment if the facility owner or operator possesses or may reasonably be expected to have access to the information. Consequently, the NPRI does not require additional monitoring or measurement of the quantities or concentration of substances released to the environment beyond those already required under the provisions of other laws or regulations. You are, however, required to show "due diligence" in obtaining the information required by the 2000 Canada Gazette notice.

If you have concluded that you are not required to submit a report for any NPRI substances listed at alternate thresholds (i.e., mercury, PAHs, dioxins/furans or HCB) for your facility, you must still consult the Guide for Reporting to determine whether you are required to submit a report for any substance listed in Schedule 1, Part 1, of the 2000 Canada Gazette notice.