PREPOD: P2 notice working document
This working document presents the main elements that Environment and Climate Change Canada plans to include in a notice to be issued under section 56 of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA). The pollution prevention (P2) planning notice will set the requirements for the preparation and implementation of pollution prevention plans in respect of reaction products of 2-Propanone with Diphenylamine (PREPOD) which were added to schedule 1 of CEPA on December 14, 2016.
Comments received through consultation on the approach outlined in this document will be used to develop a proposed notice that will be published under section 56 of CEPA, in the Canada Gazette, Part I. The publication of the proposed notice will initiate a 60 day comment period. Following the comment period and after review of the comments received, a final notice requiring the preparation and implementation of pollution prevention plans will be published in the Canada Gazette, Part I.
More information on P2 planning can be found in the pollution prevention planning provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for implementation. These guidelines and other information related to P2 and P2 planning can be found in the pollution prevention planning section.
Main elements of the notice
For the purpose of this working document,
- means the Canadian Environmental Protection Act, 1999 (CEPA).
- means the substance with the common name "Diisopropyldimethylacridan". It is one of the components of PREPOD and is the only one that meets both the persistence and bioaccumulation criteria as decribed in the Screening Assessment Report Footnote1. DIPDMA is used as an indicator of PREPOD in water.
- "Final point of discharge"
- is an identifiable discharge point beyond which the facility owner or operator no longer exercises control over quality of the effluent.
- "Level of quantification" (LoQ)
- means the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods.
- means the Minister of the Environment and Climate Change Canada.
- means the proposed notice requiring the preparation and implementation of pollution prevention plans in respect of the manufacture and use of PREPOD.
- means a pollution prevention plan.
- means the substance with the Chemical Abstracts Service Registry Number (CAS RN Footnote2) 68412-48-6, and the schedule 1 name of "Reaction products of 2-propanone with diphenylamine".
2. Persons subject to the notice
- The notice applies to any person or class of persons who, from January 1, 2013 to December 31, 2018 :
- manufactured PREPOD in a quantity greater than 100 kg in any calendar year
- used PREPOD in a quantity greater than 100 kg in any calendar year
- used a mixture or compound containing PREPOD, if the total yearly quantity of PREPOD within the mixture or the compound is greater than 100 kg in any calendar year
3. Activities for which the plan is to be prepared
The notice will require those subject to the notice to prepare and implement a plan in relation to the manufacture and use of PREPOD.
4. Risk management objective and update on risk management activities
- The risk management objective (RMO) for PREPOD, as published in the risk management approach (RMA) document dated September 2011, is to minimize releases of the substance from the manufacture of the substance to the greatest extent possibleFootnote3
- In September 2013, the update on risk management activitiesFootnote4 listed the activities to be conducted in order to be able to develop appropriate and efficient controls. The primary focus of these activities was:
- the development of an analytical test method to measure individual components of PREPOD in wastewater and in sediments
- the quantification of releases and environmental presence at manufacture and use sites to inform risk management development
In 2015, the analytical method developed by ECCC's scientists was used to analyze samples from different discharge points at facilities and municipal wastewater treatment plants. Results have shown release of DIPDMA slightly above the LoQ.
5. Factors to consider in preparing the plan
Section 56 of Part 4 of CEPA requires those subject to a P2 planning notice to consider all the "factors to consider" during the preparation of a P2 Plan, and includes the risk management objective. A description of how the specified factors were addressed when preparing the P2 Plan is required in the declarations and the interim progress reports.
The Minister will require all those subject to the notice to consider the following "factors to consider" in preparing their plan:
Final screening assessment report:
According to the final screening assessment report (fSAR), PREPOD is entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. The fSAR for PREPOD was jointly published by Environment and Climate Change Canada and Health Canada on September 10, 2011.
Risk management objective of the notice
The specific RMO for this notice is to achieve and maintain a total DIPDMA concentration in effluent at final discharge point of the facility, through methods other than dilution, that is less than or equal to the specified LoQFootnote5 of 0.12 ng/L, by no later than 42 months (see Annexe A) after the date of publication of the final notice in the Canada Gazette, Part I.
Sampling and analysis of samples:
- Samples should be representative of the final discharge point of the facility
- Samples at a specific final discharge point are not required if the effluent is not wastewater from the industrial process or if the discharge point is not receiving wastewater that could be contaminated with PREPOD
Sampling should be conducted in accordance with the methodology provided by the National Laboratory for Environmental Testing (NLET) in BurlingtonFootnote6.
Three sampling events should be performed between the preparation and the implementation of the plan. The sampling should be representative of normal operating conditions related to the manufacture or use of PREPOD. Samples should be collected as indicated below:
- the first sampling event should be conducted no later than 12 months from the date of publication of the notice
- the second sampling event should be conducted between 12 to 24 months from the date of publication of the notice
- the third sampling event should be conducted between 24 to 36 months from the date of publication of the notice
Analysis of samples:
The analysis of DIPDMA, as an indicator of PREPOD releases, will be performed by NLET in Burlington. The laboratory analysis will be performed according to the analytical method that was developed by NLET.Results of the analysis will be submitted to the facility no later than 45 days after samples have been sent to the laboratory.
Sampling and analysis related costs:
All costs related to sampling, with the exception of the analysis of samples done at the NLET in Burlington, is the responsibility of the person or class of persons subject to the Notice.
Priority to pollution prevention activities
The use of P2 planning is a means of addressing the release to the environment of substances on schedule 1 of CEPA, or other pollutants. In preparing a plan, a person or class of persons subject to the notice is to give priority to pollution prevention activities. "Pollution prevention", as defined in section 3 of CEPA, means "use of processes, practices, materials, products, substances or forms of energy that avoid or minimize the creation of pollutants and waste, and reduce the overall risk to the environment or human health".
A person may request that his or her requirement to consider a factor or factors be waived. To do so, a person must submit a written "Request for waiver of the requirement to consider a factor or factors" (schedule 2). For more information on requesting a waiver, see an example of a schedule 2 within the pollution prevention planning provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for implementation.
6. Time provided to prepare the plan
The notice will require that all those subject to the notice must prepare a P2 Plan no later than 18 months from the date of publication of the notice, and submit a declaration of preparation to Environment and Climate Change Canada within 30 days after the end of that period.
A person may request an extension of time for preparing a P2 plan by submitting a "request for an extension of time to prepare or implement a pollution prevention plan" (schedule 3). The request must be received before the deadline to prepare the plan. See the pollution prevention planning provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for implementation for an example of a schedule 3.
7. Interim progress report
The notice will require that all those subject to the notice submit an interim progress report (IPR) according to the following timeline (see also annexe A):
- Interim progress report No. 1 deadline: 30 months from the date of publication of the notice
The IPR will report data pertaining to the previous calendar year. Where a person has prepared a single plan for several facilities, a separate IPR must be filed for each facility.
8. Time provided to implement the plan
The notice will require that all those subject to the notice implement the P2 plan no later than 42 months from the date of publication of the notice, and submit a declaration of implementation to Environment and Climate Change Canada within 30 days after the end of that period.
A person may request an extension of time for implementing a P2 plan by submitting a "request for an extension of time to prepare or implement a pollution prevention plan" (schedule 3). The request must be received before the deadline to implement the plan. See the pollution prevention planning provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for implementation for an example of a schedule 3.
Persons subject to a P2 planning notice will not have to submit their entire P2 plans to Environment and Climate Change Canada unless specifically asked to do so. They must, however, submit both a declaration of preparation (schedule 1) and a declaration of implementation (schedule 5), as well as the required IPR (schedule 4), using online forms and addressing the content specified in the notice, by the deadlines listed in sections 6, 7 and 8 of this document.
These declarations and the IPR will require all persons or class of person subject to the notice to include information in regards to:
- The location: address and contact information
- A description and the location of all final discharge points as per section 3(a)
- A description of the factors (e.g. type of technology, human factor, accidental releases, type of manufacturing, daily use) that could increase the quantity or concentration of the substance in the facility's effluent
- Nature of the activities at the facility and other information on the substance
- Annual quantity of PREPOD manufactured or used
- Results achieved to date, timelines, calculations and methods to reduce concentrations of PREPOD releases
Information submitted in schedules 1, 4, and 5 will be made publicly available on Environment and Climate Change Canada's Web site. However, a request can be submitted to keep certain information confidential.
The notice will include the following forms:
- Schedule 1: Declaration that a pollution prevention plan has been prepared and is being implemented [Subsection 58(1) of CEPA]
- Schedule 2: Request for waiver of the requirement to consider a factor or factors for preparation of a pollution prevention plan [Subsection 56(5) of CEPA]
- Schedule 3: Request for time extension for preparation or implementation of a pollution prevention plan [Subsection 56(3) of CEPA]
- Schedule 4: Interim progress report concerning the implementation of a pollution prevention plan
- Schedule 5: Declaration that a pollution prevention plan has been implemented [Subsection 58(2) of CEPA]
Forms referred to in the notice (schedules 1 to 5) will be published as part of the notice and can be filled out electronically using the pollution prevention planning online reporting tool.
10. The pollution prevention plan
Environment and Climate Change Canada does not prescribe the content of the P2 plan, nor techniques or technologies to be included in the plan. The P2 planning notice allows for environmental protection innovation, because those subject to the notice determine the appropriate content of their plan; however, the plan must meet all the requirements of the notice.
Any person or class of persons subject to the notice must keep a copy of the plan at the facility for which the plan was prepared. In addition, any related support documentation must be kept for a minimum of five years following the date the plan was implemented.
Guidance on preparing P2 plans may be obtained from:
Additional information and guidance on pollution prevention can be found on:
Copies of Environment and Climate Change Canada's pollution prevention planning handbook, including a model plan and other support tools, are available.
The Minister will evaluate the effectiveness of the notice with respect to the risk management objective set out in subsection 4(1) of this document. This evaluation will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts on the environment from the releases of PREPOD.
12. Next Steps
A proposed notice is expected to be published in the Canada Gazette, Part I in spring 2017 for a 60 day comment period. The final notice is expected to be published in the Canada Gazette, Part I in winter 2017 and 2018.
Annexe A: Period to prepare and implement the plan
Figure 1: Description
The image represents a timeline pointing from left to right, from 0 to 42 months covering the period to prepare and implement the plan.
Texts are placed above and below the timeline at specific dates outlining the sequence of important events. The events are as follows:
- Line 1:
- Milestone 0: Final P2 planning notice publication in CGI followed by increments of 6 months, 12 months, 18 months, 24 months, 30 months, 36 months finishing at 42 months
- Line 2:
- Period from 0 to 12 months: First sampling between 0 and 12 months
- Period from 12 to 24 months: Second sampling between 12 and 24 months
- Period from 24 to 36 months: Third sampling between 24 and 36 months
- Line 3:
- Period from 0 to 18 months: 18 months to prepare the plan
- Period from 18 to 42 months: 24 months to implement the plan
- Line 4:
- Milestone 0: Person becomes subject to the notice
- Milestone 18: Deadline to prepare the P2 plan (submit the declaration of preparation within 30 days after the end of that period, including First sampling results)
- Milestone 30: Submit interim progress report (including second sampling results)
- Milestone 42: Deadline to implement the P2 plan (submit declaration of implementation within 30 days after the end of that period, including third sampling results)
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