Response to comments: Proposed Code of Practice for the Environmentally Sound Management of Chemical Substances in the Chemicals, Plastics and Rubber Sectors

On February 4, 2023, Environment and Climate Change Canada published the proposed Code of Practice for the Environmentally Sound Management of Chemical Substances in the Chemicals, Plastics and Rubber Sectors for a 60-day public comment period. A summary of comments received and responses to these comments are presented below.

1. Application of the proposed Code
   • 3251 - Basic Chemical Manufacturing
   • 3252 - Resin, Synthetic Rubber, and Artificial and Synthetic Fibers and Filaments Manufacturing
   • 325991 - Custom Compounding of Purchased Resins
   • 3261 - Plastics Product Manufacturing; and
   • 3262 - Rubber Product Manufacturing

One stakeholder wanted clarification on whether the proposed Code would apply to a chemical plant with a North American Industrial Classification System (NAICS) code of 325210.

Response: The Code would be available for all interested facilities and participation would be voluntary. It is intended to apply to manufacturers, formulators and distributors in the chemicals, plastics and rubber sectors, which fall under, but are not limited to, the following NAICS codes:

The specific activities or operations within a facility will dictate which practices are relevant and applicable.

2. Extending “Evaluation Checklist” equivalency to RC 14001^®

One industry association requested that the RC 14001^® Technical Specification be added to the list of recognized programs based on the acceptance of the Responsible Care Codes and ISO 14001 Technical Specification.

Response: As the RC 14001^® Technical Specification contains all the elements of ISO 14001 Technical Specification which has received recognition under the Code, the evaluation checklist in Appendix 1 has been expanded to include this program.

3. Adding context to CIAC’s Responsible Care^® and Operation Clean Sweep™ programs

One industry association requested that additional context on the Responsible Care^® and Operation Clean Sweep™ programs be added to the Code.

Response: To provide readers with additional information on these programs, additional context on why we are referring to these programs and applicable website addresses have been added to section 1.5 of the Code.

4. Referencing applicable legal regulations
   • 10.1.2 c. and f. (non-reusable packaging)
   • 10.2.2 d. (all waste containing hazardous or harmful substances)
   • 10.2.3 d. (harmful chemical substance liquid residues)
   • 10.3.5 (fire fighting water); and
   • 12.2.2 e. (spill response materials)

One industry association requested that the Code reference applicable regulations, especially where explicit waste handling direction is asserted, such as:

Response: The intent of the Code is to provide guidance on best management practices while allowing flexibility for companies to implement the practices that are appropriate for their particular situation, which may depend on location and types of operations.

In Canada, all three levels of government (federal, provincial and municipal) have a role to play in waste management. As such, the Code cannot provide a comprehensive list of rules and regulations that may differ for each individual company.

5. Recognition of best practices developed by third parties such as ISO 14001

One industry association requested recognition of best practices developed by third parties such as ISO 14001 to demonstrate compliance with the Code.

Response: Section 1.5 of the Code (Reporting on the Implementation), and Appendix 1 (Evaluation Checklist) includes an option for companies participating in third-party programs such as ISO 14001 to either indicate their participation or alternatively to provide the information requested in Appendix 1.

6. Elimination of directives that require material to be used within manufacturing and to produce other products with excess rubber

One industry association requested that the Code eliminate directives regarding materials to be used within manufacturing to produce other products with excess rubber as these provisions would go beyond the scope of reducing risks of releases of chemical substances.

Response: This comment was addressed during a consultation with the industry association, prior to the 60-day public comment period. As a result of this consultation, subsection 10.2.1 (Recycling/Reuse of Waste Materials), was revised to remove the reference to the “production of other products” from the recycling of rubber.

7. Performance measurement and reporting requirements

One industry association requested that the Code include additional information on what will be included in the progress reports that will be published every two years, or more frequently if applicable, on the Government of Canada’s website.

Response: Section 1.7 of the Code has been edited to indicate that progress reports will highlight the number of facilities participating in the Code by sector and by region, and the extent to which they are following the Code.

8. Spill notification procedures

One industry association requested that the Code provide clarity on who should be notified from the public in the case of a spill as public notification is not part of the normal process for spills.

Response: Subsection 12.2.3 of the Code has been revised to clarify that the facility should notify members of the public who may be adversely affected by a spill. Members of the public could include but are not limited to community associations, emergency responders (i.e., firefighters and police) and local residents.

Additional information on public notification procedures can be found on the following Environment and Climate Change Canada website that is noted in subsection 12.2.3 of the Code: Environmental emergencies: National Environmental Emergencies Centre - Canada.ca.

9. Additional information on related laws and regulations in the province of Québec

The Ministère de l'Environnement et de la Lutte contre les changements climatiques, de la Faune et des Parcs provided additional information on related Québec laws and regulations.

Response: Additional text to reflect Québec’s laws and regulations was added to subsections 10.2.1, 10.2.2, 10.2.3 and 12.2.1 of the Code as follows:

• Paragraph 10.2.1 c. was edited to clarify that the authorizations required for the reuse or reprocessing of solvents, residual liquid hydrocarbons and flammable liquids should be obtained, and the related documentation should be kept, as set out in section 10.5 of the Code
• Paragraph 10.2.2 g. was edited to emphasize that solid wastes contaminated with harmful substances, including non-re-useable packaging, spent dust filtration media, soiled rags and contaminated personal protection equipment, are disposed of appropriately and in accordance with municipal, provincial/territorial, and federal jurisdictional requirements
• Subsection 10.2.3 was edited to clarify that in some jurisdictions, chemical substance liquid waste may be considered as wastewater and not as hazardous waste
• Paragraph 12.2.1 a. was edited to emphasize that in the event of a spill, that the release be stopped without delay