Environmental emergency regulations: how to submit comments

On October 8, 2016, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment and Climate Change published in the Canada Gazette, Part I, the proposed Environmental Emergency Regulations, 2016 (the proposed Regulations). The proposed Regulations will repeal and replace the current Environmental Emergency Regulations (the current Regulations).  The current Regulations were last amended in 2011. Key changes in the proposed Regulations include:

  • the addition of 49 new substances to Schedule 1 and amendment of the thresholds for 3 existing substances;
  • a clarification of the requirements for exercising an E2 Plan;
  • a consolidation of substances into a single list;
  • the inclusion of uncontained substances;
  • a definition of a container system;
  • clarifications for the requirements regarding public notifications before, during and after an environmental emergency; and
  • modifications to reporting requirements including periodic reporting to ensure an up-to-date database is available for departmental officials and first responders.

How to submit comments:

Pursuant to subsection 332(2), any person may, within 60 days after this publication, file with the Minister of the Environment and Climate Change written comments on the proposed Regulations.  All comments must cite in the subject header, “Comments - Canada Gazette, Part I - Environmental Emergency Regulations, 2016” and be sent to:

Lo Cheng, Director, Environmental Emergencies Division
Environment and Climate Change Canada
351 St. Joseph Blvd., 16th Floor, Gatineau, Quebec K1A 0H3
email: ec.ue-e2.ec@canada.ca

All comments must be submitted by December 7, 2016.

A summary of the comments and responses from the preliminary 2013 - 2014 Consultations process is available.

October 2016

Proposed Environmental Emergency Regulations, 2016

Summary of Comments and Responses from the 2013-2014 Preliminary Consultations

summary of comments received during the preliminary consultation process is now available. The document also provides responses from Environment and Climate Change Canada to the comments. 

Overview

  • In the spring of 2014, Environment and Climate Change Canada completed preliminary consultations regarding the potential amendments to the Environmental Emergency Regulations (E2 Regulations). The objective of the consultations was to obtain stakeholders' feedback on the potential amendments. Environment and Climate Change Canada received 700 individual comments through the online feedback form as well as 40 written submissions. The comments pertained to all potential amendments described in the consultation document; however, key areas included the potential threshold for strong acids and bases, annual re-submission of schedules, and clarification of new requirements such as the inclusion of “bulk material”.
  • Please refer to the summary of the comments and responses from the preliminary 2013 - 2014 Consultations for an overview of the proposed modifications.
  • The comments received helped to identify areas needing more clarification and areas of concern for interested and affected parties. In light of some the comments received, Environment and Climate Change Canada made some changes to the initial proposal.

The key elements of the amendments include the addition of 49 substances to Schedule 1 of the E2 Regulations and the amendment of thresholds for 3 existing substances:

  • 20 substances from the Chemicals Management Plan (CMP) Challenge
  • 16 substances from the CMP Petroleum Sector Stream Approach (PSSA)
  • 12 strong acids and bases (and revising the threshold for 3 substances that are already regulated under the E2 Regulations)
  • 1 additional substance
  • clarifications for regulatory requirements regarding E2 plans and measures to notify the public;
  • the identification of reporting notification triggers related to minimum substance quantity releases;
  • modifications to Schedule 1 of the E2 Regulations to consolidate all three parts under a single list; and
  • administrative corrections or minor changes.

Summary Reports of the Potential Substances

Environment and Climate Change Canada has assessed 49 substances to determine if they meet the emergency hazards necessary to merit addition to Schedule 1 of the Environmental Emergency Regulations.  The summary reports for each of the potential substances are provided below. Consult the summary of the Risk Evaluation Framework for Determining Quantity Thresholds and Concentrations for Potential Substances (506 KB, PDF) - HTML 

CAS Registry Number Name of Substance Summary Report
458 KB PDF
79-06-1 Acrylamide (2-Propenamide) (79-06-1) - (HTML)
100-44-7 Benzyl chloride (Benzene, (chloromethyl)-) (100-44-7) - (HTML)
110-49-6 Ethylene glycol monomethyl ether acetate (Ethanol, 2-methoxy-, acetate) (110-49-6) - (HTML)
111-15-9 Ethylene glycol monoethyl ether acetate (Ethanol, 2-ethoxy-, acetate) (111-15-9) - (HTML)
732-26-3 Phenol, 2,4,6-tris(1,1-dimethylethyl)- (732-26-3)(HTML)
41556-26-7 Decanedioic acid, bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester (41556-26-7) - (HTML)
126-73-8 Phosphoric acid tributyl ester (126-73-8) - (HTML)
123-31-9 Hydroquinone (1,4-Benzenediol) (123-31-9) - (HTML)
68921-45-9 Benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene Not available
10124-43-3 Sulfuric acid, cobalt(2+) salt (1:1) (10124-43-3) - (HTML)
80-05-7 Bisphenol A (Phenol, 4,4 -(1-methylethylidene)bis-) (80-05-7) - (HTML)
110-54-3 Hexane (110-54-3) - (HTML)
1314-62-1 Vanadium pentoxide (Vanadium oxide (V2O5)) (1314-62-1) - (HTML)
72102-55-7 Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]-, acetate (72102-55-7) - (HTML)
1309-64-4 Antimony oxide (Sb2O3) (1309-64-4) - (HTML)
1344-37-2 C.I. Pigment Yellow 34 (1344-37-2) - (HTML)
17540-75-9 Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)- (17540-75-9) - (HTML)
120-80-9 1,2-Benzenediol (120-80-9) - (HTML)
7646-79-9 Cobalt chloride (7646-79-9) - (HTML)
123-91-1 Dioxane (1,4-Dioxane) (123-91-1) - (HTML)

Summary Report for 16 Potential CMP Petroleum Sector Stream Substances

CAS Registry Number Name of Substance Summary Report
101316-57-8 Distillates (petroleum), hydrodesulfurized full-range middle

There is only be one report
for all of these substances.

 

64742-80-9 Distillates (petroleum), hydrodesulfurized middle
68334-30-5 Fuels, diesel
68476-34-6 Fuels, diesel, no.2
8002-05-9 Petroleum
128683-25-0 Crude oil (oil sand)
64741-86-2 Distillates (petroleum), sweetened middle
64741-87-3 Naphtha (petroleum), sweetened
68527-27-5 Naphtha (petroleum), full-range alkylate, butane-containing.
68476-30-2 Fuel oil, no. 2
68476-31-3 Fuel oil, no. 4
68553-00-4 Fuel oil No. 6
68476-33-5 Fuel oil, residual
64741-47-5 Natural gas condensates
68919-39-1 Natural gas condensates
64741-48-6 Natural gas (petroleum), raw liquid mix

Summary Reports for 4 Potential Strong Acids

CAS Registry Number Name of Substance Summary Report
496KB PDF
7664-93-9 Sulfuric acid, solution (7664-93-9) - (HTML) 
10034-85-2 Hydroiodic acid, solution (10034-85-2) - (HTML)
7790-93-4 Chloric acid, aqueous solution (7790-93-4) - (HTML)
7601-90-3 Perchloric acid, solution (7601-90-3) - (HTML)

Summary Reports for 8 Potential Strong Bases

CAS Registry Number Name of Substance Summary Report
496KB PDF
1310-65-2 Lithium hydroxide, solution (1310-65-2) - (HTML)
1310-73-2 Sodium hydroxide, solution (1310-73-2) - (HTML)
1310-58-3 Potassium hydroxide, solution (1310-58-3)(HTML)
1310-82-3 Rubidium hydroxide, solution (1310-82-3) - (HTML)
21351-79-1 Cesium hydroxide, solution (21351-79-1) - (HTML)
1305-62-0 Calcium hydroxide, solution (1305-62-0) - (HTML)
18480-07-4 Strontium hydroxide, solution (18480-07-4) - (HTML)
17194-00-2 Barium hydroxide, solution (17194-00-2) - (HTML)

Summary Reports for ammonium hydroxide

CAS Registry Number Name of Substance Summary Report
1336-21-6 Ammonium hydroxide No report created. The threshold quantity for ammonium hydroxide is equal to the existing threshold quantity of ammonia, solution.

Summary Reports for revisions to three strong acids already listed on Schedule 1

CAS Registry Number Name of Substance Summary Report
496KB PDF
7647-01-0 Hydrochloric acid (7647-01-0) - (HTML) 
7697-37-2 Nitric acid (7697-37-2) - (HTML) 
10035-10-6 Hydrobromic acid (10035-10-6) -(HTML) 
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