Environmental emergencies regulations: consultation 2014

Objective of The Preliminary Consultations

Environment Canada has launched preliminary consultations (the “Preliminary Consultations”) on potential amendments to the Environmental Emergency Regulations (the “E2 Regulations”) under the Canadian Environmental Protection Act, 1999 (“CEPA 1999”) that are currently being developed. These Preliminary Consultations are expected to be completed in advance of prepublication (the “Prepublication”) of proposed amendments in the Canada Gazette, Part I, as required under CEPA 1999. Environment Canada has prepared this Consultation Document to inform stakeholders and solicit feedback on the key elements of the modifications being considered for the E2 Regulations.

This Consultation Document’s purpose is to provide focus and guidance to the Preliminary Consultations. It aims to:

  • identify and inform stakeholders, Aboriginal communities and other interested parties on the potential amendments;
  • assist and provide an opportunity for stakeholders to develop and provide comments on the potential amendments; and
  • assist and provide an opportunity for stakeholders to identify possible flexible burden-reduction options for small businesses.

The Government of Canada is committed to providing interested and affected parties with the opportunity to take part in consultations at all stages of the development process. Parties are encouraged to provide comments through the online feedback form, or may comment in writing by mail or email to the addresses provided on the last page of this Consultation Document.

Process For The Preliminary Consultations

In soliciting input from stakeholders, Environment Canada has posted a link to this Consultation Document on the CEPA Environmental Registry website and distributed the document by email and regular mail to stakeholders who have demonstrated interest in participating in the consultation process. More than 1200 parties have shown interest in participating in the consultation process, including current regulatees; potential regulatees; representatives from other federal departments; provincial, territorial and municipal governments; industry and their associations; Aboriginal communities; and citizens. Environment Canada welcomes the participation and the distribution of this document to other potential stakeholders as well as interested Aboriginal communities.

Environment Canada will review all responses received during the Preliminary Consultations prior to drafting proposed amendments for Prepublication in the Canada Gazette, Part I. Upon Prepublication, a summary of comments received through these Preliminary Consultations will be published concurrently with the proposed amendments. All personal information created, held or collected by Environment Canada is protected by the Privacy Act.

To assist with the development of potential amendments, Environment Canada is soliciting comments. The following sections of this Consultation Document show the potential amendments to the E2 Regulations that are currently being considered by Environment Canada. Participants in the Preliminary Consultations are asked to provide, among other details, information pertaining to the impacts of the potential amendments on their business activities, and comments on benefits to the environment.

Potential Amendments To The E2 Regulations

The purpose of the potential amendments to the E2 Regulations is to better protect Canadians and their environment from environmental emergencies1 and to provide the regulated community with further clarity on existing regulatory requirements.

Potential Amendment

Rationale / Explanation

Section A

These potential amendments aim at increasing protection from a larger number of substances that are currently in use in large quantities in Canada.

A1 Addition of substances

(*Note: For the purpose of ease of reading, any rationale for subsection A1 is provided below the corresponding table. In addition, short form reports summarizing the data and derivation of the threshold quantities assigned to each of the substances are available at the Environmental Emergencies website.

A1.1     Add 20 substances from the Chemicals Management Plan (CMP) Challenge to Schedule 1 of the E2 Regulations.

CAS Registry Number Name of Substance Concentration (% by weight) Minimum Quantity (tonnes) *Hazard Category (Additional Environmental Emergency Hazard)
79-06-1 Acrylamide (2-Propenamide) 1 9.10 Aquatic toxicity
100-44-7 Benzyl chloride (Benzene, (chloromethyl)-) 1 4.50 Aquatic toxicity (pool fire, vapour cloud explosion)
110-49-6 Ethylene glycol monomethyl ether acetate (Ethanol, 2-methoxy-, acetate) 10 9.10 Aquatic toxicity
111-15-9 Ethylene glycol monoethyl ether acetate (Ethanol, 2-ethoxy-, acetate) 10 9.10 Aquatic toxicity (pool fire, vapour cloud explosion)
732-26-3 Phenol, 2,4,6-tris(1,1-dimethylethyl)- 10 0.22 Aquatic toxicity
41556-26-7 Decanedioic acid, bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester 10 1.13 Aquatic toxicity
126-73-8 Phosphoric acid tributyl ester 10 4.50 Aquatic toxicity
123-31-9 Hydroquinone (1,4-Benzenediol) 10 0.22 Aquatic toxicity
68921-45-9 Benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene 10 0.22 Aquatic toxicity
10124-43-3 Sulfuric acid, cobalt(2+) salt (1:1) 1 0.22 Carcinogen
80-05-7 Bisphenol A (Phenol, 4,4 -(1-methylethylidene)bis-) 10 4.50 Aquatic toxicity
110-54-3 Hexane 10 4.50 Aquatic toxicity (pool fire, vapour cloud explosion)
1314-62-1 Vanadium pentoxide (Vanadium oxide (V2O5)) 1 0.22 Aquatic toxicity; carcinogen
72102-55-7 Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]-, acetate 10 0.22 Aquatic toxicity
1309-64-4 Antimony oxide (Sb2O3) 1 0.22 Carcinogen
1344-37-2 C.I. Pigment Yellow 34 1 0.22 Carcinogen
17540-75-9 Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)- 10 0.22 Aquatic toxicity
120-80-9 1,2-Benzenediol 1 4.50 Aquatic toxicity
7646-79-9 Cobalt chloride 1 0.22 Aquatic toxicity; carcinogen
123-91-1 Dioxane (1,4-Dioxane) 1 9.10 Inhalation toxicity (pool fire, vapour cloud explosion)
A1.2     Add 16 substances from the Chemicals Management Plan (CMP) Petroleum Sector Stream to Schedule 1 of the E2 Regulations.
CAS Registry Number Name of Substance Concentration (% by weight) Minimum Quantity (tonnes) *Hazard Category (Additional Environmental Emergency Hazard)
101316-57-8 Distillates (petroleum), hydrodesulfurized full-range middle 1 2500.00 Pool fire
64742-80-9 Distillates (petroleum), hydrodesulfurized middle 1 2500.00 Pool fire
68334-30-5 Fuels, diesel 1 2500.00 Pool fire
68476-34-6 Fuels, diesel, no.2 1 2500.00 Pool fire
8002-05-9 Petroleum 1 2500.00 Pool fire (vapour cloud explosion)
128683-25-0 Crude oil (oil sand) 1 2500.00 Pool fire (vapour cloud explosion)
64741-86-2 Distillates (petroleum), sweetened middle 1 2500.00 Pool fire (vapour cloud explosion)
64741-87-3 Naphtha (petroleum), sweetened 1

If boiling point < 35°C: 4.50 tonnes;

If boiling point > 35°C: 80.00 tonnes

Vapour cloud explosion (pool fire)
68527-27-5 Naphtha (petroleum), full-range alkylate, butane-containing 1 80.00 Vapour cloud explosion (pool fire)
68476-30-2 Fuel oil, no. 2 1 2500.00 Pool fire
68476-31-3 Fuel oil, no. 4 1 2500.00 Pool fire
68553-00-4 Fuel oil No. 6 1 2500.00 Pool fire
68476-33-5 Fuel oil, residual 1 2500.00 Pool fire
64741-47-5 Natural gas condensates 1 340.00 Vapour cloud explosion
68919-39-1 Natural gas condensates 1 45.00 Vapour cloud explosion
64741-48-6 Natural gas (petroleum), raw liquid mix 1 4.50 Vapour cloud explosion
A1.3     Add 4 strong acids to Schedule 1 of the E2 Regulations.
CAS Registry Number Name of Substance Concentration (pH) Minimum Quantity (tonnes) Hazard Category
7664-93-9 Sulfuric acid, solution ≤ 2 0.22 Corrosive
10034-85-2 Hydroiodic acid, solution ≤ 2 0.22 Corrosive
7790-93-4 Chloric acid, aqueous solution ≤ 2 0.22 Corrosive
7601-90-3 Perchloric acid, solution ≤ 2 0.22 Corrosive
A1.4     Add 8 strong bases to Schedule 1 of the E2 Regulations.
CAS Registry Number Name of Substance Concentration (pH) Minimum Quantity (tonnes) Hazard Category
1310-65-2 Lithium hydroxide, solution ≥ 11.5 0.22 Corrosive
1310-73-2 Sodium hydroxide, solution ≥ 11.5 0.22 Corrosive
1310-58-3 Potassium hydroxide, solution ≥ 11.5 0.22 Corrosive
1310-82-3 Rubidium hydroxide, solution ≥ 11.5 0.22 Corrosive
21351-79-1 Cesium hydroxide, solution ≥ 11.5 0.22 Corrosive
1305-62-0 Calcium hydroxide, solution ≥ 11.5 0.22 Corrosive
18480-07-4 Strontium hydroxide, solution ≥ 11.5 0.22 Corrosive
17194-00-2 Barium hydroxide, solution ≥ 11.5 0.22 Corrosive
A1.5     Add ammonium hydroxide to Schedule 1 of the E2 Regulations.
CAS Registry Number Name of Substance Concentration (% by weight) Minimum Quantity (tonnes) Hazard Category
1336-21-6 Ammonium hydroxide 20 9.10 Hazardous when inhaled

 

*Rationale/Explanation for A1.1: Under the Hazard Category column, the main hazard associated with the minimum quantity is listed. In addition, other environmental emergency hazards are provided in parenthesis, if applicable. More information on the additional environmental emergency hazards can be found in the short form reports detailing the risk evaluation for each substance. These reports are available at the Environmental Emergencies website.

1 Section 193 of the CEPA 1999 defines an environmental emergency as

(a)   an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under Part 8 (Environmental Matters Related to Emergencies), of a substance into the environment; or

(b)   the reasonable likelihood of such a release into the environment.

Rationale/Explanation for A1.5: This is another form of ammonia solution. The addition of this substance would align with current use by industry.

 

A2 Change in threshold for substances already listed under Schedule 1 of the E2 Regulations

(*Note: For the purpose of ease of reading, any rationale for section A2 is provided below the corresponding table.)

A2.1     Change the threshold for 3 strong acids already listed under Schedule 1 of the E2 Regulations.

CAS Registry Number Name of Substance Concentration (pH) Minimum Quantity (tonnes) Hazard Category
7647-01-0 Hydrochloric acid ≤ 2 0.22 Corrosive
7697-37-2 Nitric acid ≤ 2 0.22 Corrosive
10035-10-6 Hydrobromic acid ≤ 2 0.22 Corrosive

Rationale/Explanation for A2.1: These 3 substances were already listed under Schedule 1 of the E2 Regulations. Since 12 new strong acids and bases are proposed for addition to Schedule 1 with a common threshold of 0.22 tonnes, the existing thresholds for these 3 strong acids (current thresholds are 6.8 tonnes for hydrochloric acid, 1.13 tonnes for nitric acid and 1.13 tonnes for hydrobromic acid) would also be changed to 0.22 tonnes.

 

Potential Amendment

Rationale / Explanation

Section B

These potential amendments aim to improve regulatory clarity and regulatory ease of use to increase industry understanding and compliance with the E2 Regulations.

B1 Clarification of terms

 

B1.1     Clarify what is considered as a “container” to include commonly interconnected containers and all other connected items such as piping and vents that may contain the regulated substance. The storage container system should be compatible with, and appropriate for, the regulated substance(s) that it contains. If interconnected containers each have one or more shut-off valves, then each segregated container would be considered a separate storage container system. If there are no shut-off valves between the interconnected storage container systems, the entire quantity within that system would be considered as one storage container system. The system used to isolate the containers, whether a shut-off valve or any other engineering device, should engage automatically and/or remotely.

B1.2     Change the term “test” to “exercise”.

B1.3     Clarify what Environment Canada expects regulatees to carry out when regulatees exercise an environmental emergency plan: it includes practicing and updating at least one of the following aspects of the plan at least once a year on a rotational basis such that all aspects of the plan are exercised over a 5 year period. All aspects of the plan should be exercised simultaneously (i.e., full-blown test) at least once over that five year period.

B1.4     Clarify what is considered as the “maximum quantity” of a substance, to include the maximum quantity of a substance found during the calendar year in all the storage container systems and for bulk material that are within the borders of the facility.

B1.5     Clarify what is considered as the “maximum capacity of the largest storage container system” to include the maximum quantity of a substance required to fill the storage container system to 100% capacity.

B1.6     Clarify how to calculate substance quantities for mixtures.

B1.7     Clarify that for substances that are in the form of a solution, the concentration listed in Schedule 1 applies to the solute in the solution (e.g., 30% hydrochloric acid) and not to the concentration of the solution when it is mixed with another substance.

 

B1.1-B1.7 Details or explanations of certain elements are currently only available in the Implementation Guidelines.

B1.2 The term “exercise” is more consistent with industry terminology and existing standards (e.g. Canadian Standards Association (CSA)).

B1.3 The aspects of the plan that should be exercised would include, but not be limited to:

  • Environmental emergency plan activation
  • Situational risk assessment of the environmental emergency scenario being exercised (i.e. specific nature of emergency, nature of the hazard, determining potential threats to health and environment, etc)
  • Action plan (incident command)
  • Site safety/security
  • Response resource mobilization
  • Notification and reporting (to all authorities, e.g. government, safety)
  • Notifying the public and other communications

B2 Inclusion of bulk material

B2.1     Add a new requirement that bulk quantities that meet or exceed the thresholds identified in Schedule 1 should be subject to the same requirements as a substance within a storage container system.

B2.1 There are several situations where bulk quantities of a substance (e.g. ammonium nitrate) are kept at facilities outside any storage container system (e.g. the quantity is stored in a pile).

B3 Clarification on exclusions or exemptions

B3.1     Clarify that flammable substances in a mixture that are excluded from the definition of “substance” are the ones that are a component of a mixture for which the flash point is equal to or greater than 23°C and the boiling point is equal to or greater than 35°C.

B3.2     Clarify that substances that are hazardous when inhaled are only excluded from the definition of “substance” when they are a component of a mixture for which the partial pressure of the mixture is less than 1.33 kilopascals (10 mm of mercury).

B3.3     Clarify that for propane to be exempted, the minimum distance of 360 m from the boundaries of the property on which the storage container is located is a radial distance.

B3.1 The flash point and the boiling point refer to the mixture and not the substances within the mixture. This potential amendment would modify the exception from the application of the E2 Regulations for substances with a flash point and/or a boiling point above the temperature thresholds. That exception would no longer apply to flammable substances that may only meet one of the boiling point and flash point criteria in a mixture but still pose a vapour cloud hazard.

B3.2 This potential amendment would allow the E2 Regulations to align with the United States Environmental Protection Agency (USEPA) requirements for vapour pressure.

B3.3 The distance from the propane container must be at least 360 meters from all points at the boundary of the property.

B4 Clarification on 72 hour exception

B4.1     Clarify that substances subject to the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act, 2001 are not excepted from the application of the E2 Regulations if they are located at the facility for more than 72 hours or are being loaded or unloaded.

B4.1 Quantities of substances subject to the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act, 2001 that are temporarily stored for 72 hours or less would still be excepted from the application of the E2 Regulations, unless they are being loaded or unloaded. During loading and unloading, the quantities on site must be included in the calculations for total quantities on site to determine if an environmental emergency plan is required, regardless if the substance is in a container or not.

B5 Clarification on notification for quantities that no longer meet the threshold quantities

 

B5.1     Clarify that a person does not have to wait twelve consecutive months to notify Environment Canada when the quantity of the substance on site or the maximum capacity of the largest container in which the substance is stored no longer meets the threshold quantities set out in Schedule 1 when there are extraordinary circumstances which indicate that the quantities will not be met for 12 consecutive months.

B5.2     Clarify that seasonal operators do not need to submit the notice of closure or decommissioning (Schedule 6) if they expect that their maximum expected quantities will go back up within the calendar year.

B5.1 The E2 Regulations currently require that a person must wait twelve consecutive months before they can notify Environment Canada that their onsite quantities or maximum container capacity are below the reporting thresholds. However, a person can know that a substance will no longer meet the threshold requirements when there is an immediate shutdown of their facility and the facility has ceased to use regulated quantities of a substance that is regulated under the E2 Regulations, and the person knows that they will not use that substance again at the facility (e.g. facility has burned down, has been decommissioned, has ceased to have activities with the substance, etc.).

B5.2 If the maximum expected quantities at a facility go back up within the calendar year, the facility is not considered as closed or decommissioned. To facilitate data management and coordination, the environmental emergency database could be modified to identify seasonal facilities and the dates when the substances are on or off site.

B6 Clarification for the requirements of the environmental emergency plans

B6.1     Clarify that the environmental emergency plan should include identification of the consequences of the release of the greatest quantity of each environmental emergency substance on site from a single storage container system.

B6.2     Clarify that the individuals and their position title that must be identified in the environmental emergency plan are the individuals who are to respond in the event of an environmental emergency.

B6.3     Clarify that the identification of the training required under the environmental emergency plan for the individuals responding to an environmental emergency is training related to response.

B6.1 Improving clarity would allow for environmental emergency plans to be more comprehensive.

B6.2 The individuals and their position titles who are required to be identified are those who would be responsible for responding to an emergency, including both internal employees working at the facility, as well as external resources. In some cases, it might not be possible to identify the specific person who would be responding, so it would be acceptable to identify the organization (e.g. a fire department). Identifying the individuals involved in the response in case of an environmental emergency would streamline reporting to Environment Canada.

B6.3 Clarifying the type of training would simplify the environmental emergency plan.

B7 Clarification for measures to notify members of the public

B7.1     Clarify that the environmental emergency plan should not only indicate the measures taken to notify the public, but also indicate the measures taken to protect the public in case of an environmental emergency.

B7.2     Clarify that the measures taken in the event of an environmental emergency should be associated with the risk factors considered in the environmental emergency plan.

B7.3     Clarify that information provided to the public that may be affected in case of an environmental emergency should include considerations before, during and after the incident.

B7.4     Add a request to identify the individuals and their position title who are responsible for notifying the public.

B7.1-B7.4 Clarifying the measures to be taken to protect the public (e.g. shelter-in- place) and the measures to notify members of the public (i.e. how the notifications should be done) would improve safety and understanding for the public in case of an environmental emergency.

B7.3 The potentially affected public should receive information and guidance concerning the actions to be taken before, during and after an environmental emergency. This includes an explanation of why they should behave/act as described so that they understand how this will result in a reduction of adverse effects. Notification should include details on how the potentially affected public will be warned in the event of an accident; and the source of post-accident information. The guidance on what to do in the event of an accident should be adapted to meet the needs of groups of sensitive persons, for example in schools, hospitals and homes for aged people. Information should also include the name of the operator of the installation, the address of the installation, and the names and hazard characteristics of the substances on site. This information should be provided in a timely fashion, be reissued periodically as appropriate, and be updated as necessary. Arrangements should be made, before an accident, for the timely transmission of information to the public and the media in the case of an accident in order to mitigate adverse effects and to allay unjustified fears. (Source: OECD)

B8 Clarification for exercising an environmental emergency plan

 

B8.1     Clarify that exercising an environmental emergency plan involves an exercise followed by an update, if necessary, and that the environmental emergency plan exercise must involve at least one substance that is regulated under the E2 Regulations.

B8.2     Add a requirement to indicate what actions/steps were taken in order to exercise the environmental emergency plan.

B9.1 Clarifying the requirements for exercising would improve the quality of environmental emergency plans.

B9.2 Currently, the Notice of the implementation and testing of an environmental emergency plan (Schedule 5) only requires that regulatees provide information on the place where the substances are located, the date of the exercise and a list of everyone that was involved in the exercising of the plan.

B9 Clarification for the use of existing emergency plans that were created on a voluntary basis or for another government

B9.1     Clarify that timelines and reporting requirements for the use of existing emergency plans should be the same as for new plans created under the E2 Regulations.

B9.2     Clarify that existing environmental emergency plans should be updated and tested annually as for newly prepared plans.

B9.1-B9.2 Clarifying the requirements for existing emergency plans would ensure consistency with newly created environmental emergency plans.

B10 Clarification for reporting

B10.1   Clarify the intent for “location of release” in the written report.

B10.2   Clarify who is supposed to provide the written report following an environmental emergency.

B10.3   Clarify when the written report should be sent.

B10.4   Possibly include substance release thresholds for reporting.

B10.1 This potential amendment would differentiate the requirements listed in the Notice regarding the identification of substance and place (Schedule 2).

B10.2 This clarification is in alignment with the accountability specified under CEPA 1999 which is that the written report should be provided by any person who owns or has the charge, management or control of a substance immediately before the environmental emergency; or any person who causes or contributes to the environmental emergency.

B10.3 This potential amendment would provide consistency with CEPA 1999 which indicates that the written report should be sent as soon as possible in the circumstances.

B10.4 Environment Canada is considering the reporting requirements of the Transport of Dangerous Goods Regulations and provincial/territorial requirements. The aim is to establish clear reporting requirements that protect the environment and reduce the burden on industry so that small spills or releases that do not pose a threat to the environment or to human health would no longer be reported.

B11 Consolidation of all parts of Schedule 1 into one part

B11.1   Combine the three tables (one for each part) into one table. Substances should be sorted by ascending CAS Registry Number.

 

B11.1 There are several hazards associated with the different substances listed in Schedule 1, which would require the addition of several different parts. Also, there are substances to which more than one hazard is associated, making it difficult to classify a substance under only one part. Therefore, consolidating all parts of Schedule 1 into a single list would facilitate ease of use for regulatees, as well as make regulatees aware of the other hazards that might be associated with the substance aside from the main hazard, ensuring that all associated hazards would be taken into account when preparing an environmental emergency plan for the substance.

B12 Clarification for some substances already listed under Schedule 1 of the E2 Regulations

 

B12.1   Add clarification for napthalene (in liquid form) (CAS # 91-20-3) to indicate that the liquid state is achieved by heating the naphthalene to convert it from a solid to a liquid.

B12.2   Identify the substances that are in the form of a solution. There are currently 12 regulated substances that are solutions:

  • formaldehyde, solution (CAS # 50-00-0)
  • acetic acid (CAS # 64-19-7)
  • hydrogen cyanide (hydrocyanic acid) (CAS # 74-90-8)
  • peroxyacetic acid (peracetic acid) (CAS # 79-21-0)
  • hydrochloric acid (CAS # 7647-01-0)
  • hydrofluoric acid (CAS # 7664-39-3)
  • ammonia solution (CAS # 7664-41-7)
  • nitric acid (CAS # 7697-37-2)
  • chlorosulphonic acid (CAS # 7790-94-5)
  • hydrogen bromide (hydrobromic acid) (CAS # 10035-10-6)
  • chromic acid (CAS # 7738-94-5)
  • arsenic acid (CAS # 7778-39-4)

B12.1 Napthalene is subject to the E2 Regulations only in the liquid form, not in the solid form. The liquid state is achieved by heating from a solid to a liquid, as opposed to a solid miscible in liquid.

B13.2 Identifying the individual substances that are in the form of a solution would facilitate calculation of the quantity for these substances.

B13 Clarification for Notice regarding the identification of substance and place (Schedule 2)

B13.1   Clarify that the maximum expected quantity, and the concentration of the mixture or the concentration of the solution, should always be declared.

 

B13.1 This potential amendment would allow for standardization of reporting requirements.

Potential Amendment

Rationale / Explanation

Section C

These potential amendments aim at better managing the risks associated with substances that are currently used in large quantities in Canada by increasing regulatee accountability, with oversight by Environment Canada.

C1 Re-submission of schedules

C1.1     In addition to the existing requirement to submit a change to a notice within 60 days, add a new requirement to annually re-submit the Notice regarding the identification of substance and place (Schedule 2).

C1.2     Add a new requirement to annually re-submit the Notice of the implementation and testing of an environmental emergency plan (Schedule 5).

C1.1 The E2 Regulations currently require Schedule 2 to be submitted only once, unless it needs to be updated (in this case, the notice must be resubmitted within 60 days). The request for re-submitting Schedule 2 would allow Environment Canada to have the latest company and substance information from regulatees. In addition, it would allow Environment Canada and public safety authorities to respond more effectively in the event of an environmental emergency.

C1.2 The E2 Regulations currently require Schedule 5 to be submitted only once. The request for re-submitting Schedule 5 would serve as a reminder that regulatees must annually test their environmental emergency plans.

Notes:The National Pollutant Release Inventory (NPRI) has similar annual reporting requirements. To facilitate data submission to Environment Canada, the environmental emergency database would need to be updated to allow users to directly enter or update information online.

C2 Request for new information

C2.1     Add a new requirement for an up-to-date material safety data sheet (MSDS) to be included in the environmental emergency plan.

C2.2     Add a new requirement to provide the North American Industry Classification System (NAICS) codes, complete to at least 4 digits, that describe the operations at the facility.

C2.3     Add a new requirement to provide the date the facility became subject to the E2 Regulations for each substance.

C2.1 MSDS’ provide a consolidated review of the hazards associated with a substance. Some organizations indicate that MSDS’ must be updated every three years (e.g. required under Health Canada’s Controlled Products Regulations; required for the Canadian Centre for Occupation Health and Safety (CCOHS)’s Workplace Hazardous Materials Information System (WHMIS); and required for registration for the use of CANUTEC's emergency telephone number to meet the requirements of Transport Canada’s Transportation of Dangerous Goods Regulations). This information is intended to help regulatees in their environmental emergency planning.

C2.2 NAICS codes would provide a better understanding of the types of industries that provide information under the E2 Regulations and help Environment Canada to develop compliance promotion material.

C2.3 Knowing when a company first became subject to the E2 Regulations would allow regulatees and Environment Canada to track the timelines associated with reporting.

C3 Certification for environmental emergency report

C3.1     Add a request that a certification, similar to that which is already required in Schedule 3 for submitting notices, be submitted at the same time a person submits a written report following an environmental emergency.

C3.1 A certification (Schedule 3) is currently required for all other notices or reports to be submitted under the E2 Regulations.

Potential Amendment

Rationale / Explanation

Section D

These potential amendments respond to issues raised by the Standing Joint Committee on the Scrutiny of Regulations. They also include administrative changes (e.g., translation errors).

D1 Language: Consistency, Clarifications, Housekeeping

D1.1     Make numerous housekeeping (editorial) changes to improve language consistency within the text of the E2 Regulations, to improve language consistency between the English and French versions of the E2 Regulations, and align with metric system nomenclature and scientific notation.

D1.1 These multiple potential amendments would improve consistency within the E2 Regulations as well as between the English and French versions of the E2 Regulations.

Potential Amendment

Rationale / Explanation

Section E

These potential amendments aim at reducing the administrative burden for industry.

E1 Reducing burden for small businesses

E1.1     Possibly include alternative or flexible options for small businesses in order to reduce the direct administrative or compliance costs they would face as a result of the potential amendments. The alternative or flexible options being considered are: longer time periods to comply with the requirements, longer transition periods or temporary exemptions; simplified and less frequent reporting obligations; and, exemptions for certain uses.

E1.1 A small business is defined as any business, including its affiliates, that has fewer than 100 employees or between $30,000 and $5 million in annual gross revenues. Consideration of possible alternative or flexible options is in line with the “small business lens”, presented in the Cabinet Directive on Regulatory Management, which aims at driving a better analysis of small business realities and at considering the needs of small businesses early in the regulatory design stage. A risk assessment would be required for any accommodations for small businesses.

E2 Providing more options for reporting

E2.1     Add a provision to provide regulatees with the option to submit their reports using technologies such as internet, email, PDF documents, electronic signatures, etc.

E2.1 This potential amendment would provide more options for reporting, and reduce the administrative burden for industry. The National Pollutant Release Inventory (NPRI) allows for the use of electronic signatures instead of mailing or faxing signed copies.

Next Steps And Proposed Timelines

Stakeholders, Aboriginal communities and other interested parties are invited to submit comments on the content of this Consultation Document or provide other information that would help inform decision making. Please submit comments prior to April 7, 2014.

In addition, Environment Canada welcomes the sharing of this document with others interested in the Preliminary Consultations.

Comments on these potential amendments can be submitted to Environment Canada using any of the methods provided below.

Susan Roe

Manager, Prevention

Environmental Emergencies Program

Environment Canada

351 St. Joseph Blvd, 16th floor

Gatineau QC   K1A 0H3

Following these Preliminary Consultations, Environment Canada will aim to pre-publish proposed amendments in the Canada Gazette, Part I, in late 2014 for formal public comment. It is anticipated that such amendments would come into force after their registration and their publication in the Canada Gazette, Part II.

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