Backgrounder: the proposed toxics reduction act planned consultations and next steps

Ministry of the Environment
The Proposed Toxics Reduction Act
Planned Consultations And Next Steps
Bill 167, the proposed Toxics Reduction Act, 2009, was introduced to the Ontario Legislature on April 7,
2009. The Bill, if enacted, would provide regulation-making authority to the Lieutenant-
Governor in Council (LGIC) in a number of areas.
In developing the Toxics Reduction Strategy, the Ontario government consulted with
stakeholders and the public during the Fall of 2008, through the that was
posted on the Environmental Registry and through a series of regional forums and meetings.
The Ministry of the Environment will work to ensure these past consultations concerning specific
substances, facilities to be regulated, and implementation timelines are taken into consideration
during the development of regulations. Draft regulations under the Bill would be subject to
further consultation with stakeholders and the public and would be posted on the Environmental
Registry for comment. The description provided below provides some detail regarding what the
draft regulations might include, should the Bill be passed, and is intended to provide the context
needed to facilitate review and comment on the proposed Bill.
Defining Sectors and Thresholds: Who would be regulated under the Bill?
If section 3 of the Bill is enacted, a facility would be subject to the toxics reduction planning
requirements of the legislation if they meet the following criteria (1) the facility belongs to a class
of facility (sector) prescribed by the regulations, (2) the number of persons prescribed at the
facility meets the number of persons prescribed by the regulations, (3) a toxic substance is used
or created at the facility and the amounts of the substance used or created meet the criteria
specified by the regulations, and (4) any other criteria prescribed by the regulations.

Below is a description of the proposed content of such regulations:

Class of facilities (Sectors):
Draft regulations would prescribe classes of facilities that fall within the manufacturing sector, as
well as those in the mining sector engaged in mineral processing activities. These two sectors
combined account for the bulk of the total releases of the toxic substances reportable to the
Federal National Pollutant Release Inventory (NPRI). These sectors are proposed to be
prescribed in regulations.

Thresholds for a substance:

Draft regulations would define toxic substances thresholds to be the same as thresholds in
effect for the federal NPRI (i.e., 10,000 kg, or an alternate threshold under NPRI if applicable).
This approach would reduce duplication of efforts by facilities currently reporting under NPRI.
Thresholds for number of employees:
Draft regulations are also anticipated to follow the NPRI threshold (and its exceptions), for the
minimum number of employees at subject facilities. NPRI requirements apply to facilities that
have a minimum of 10 full time equivalents or more. This would maintain consistency with NPRI
and provide clarity for the regulated community.
Timing:
It is anticipated that regulations would prescribe that the list of toxic substances subject to the
requirements of the Bill would come into effect in two phases (see below, “Prescribing toxic
substances and substances of concern”). If the Bill is passed and regulations are made,
facilities subject to the toxics reduction planning requirements in the proposed legislation would
be required to undertake toxics substance accounting for Phase I substances in accordance
with section 9 for the period of January 1, 2010 to December 31, 2010; to provide their first
report under section 10 on June 1, 2011 and to provide a summary of their first toxics reduction
plan under section 8 by December 31, 2011.
This timing would maintain consistency with NPRI reporting timelines, thereby reducing
administrative burden on the regulated community. The timing of the application of the
requirements to the second phase of implementation would be determined during consultations
on draft regulations. The Ministry is considering suggesting that the second phase would start
two years after the first phase.
It is anticipated that draft regulations would propose that facilities be required to prepare reports
on an annual basis (frequency of reporting to be reviewed after one full cycle of data has been
collected) and review their toxics reduction plans every five years.
Prescribing toxic substances and substances of concern:
A list of toxic substances and a list of substances of concern have been proposed by scientific
experts from the government, in consultation with the Minister of the Environment’s Toxics
Reduction Scientific Expert Panel. It is anticipated that draft regulations would prescribe these
lists for the purposes of the Bill, if it is passed. These proposed lists are attached. The
proposed List of Toxics is the same as that posted in the Discussion Paper for consultation; the
lists described in that document as Schedules 1 and 2 are now referred to as the List of Toxics
Phase I and Phase II, respectively. The ministry used a science-based approach that evaluated
relative-risk and hazard to identify 31 priority toxics; as well, 14 known and probable priority
carcinogens were supported by Cancer Care Ontario, for Phase I of the strategy. In Phase II,
the remainder of the NPRI substances and acetone (adopted from O. Reg 127) would become
subject to the requirements of the legislation, if it is passed.
Some changes to the proposed List of Substances of Concern, also anticipated to be prescribed
for Phase I (and previously referred to as Schedule 3 in the Discussion Paper) were made to
reflect comments received during consultation.


Facilities using or creating substances of concern:

While the proposed List of Toxic Substances contains substances tracked through the NPRI,
substances on the proposed List of Substances of Concern are not tracked by NPRI. This
means that their releases in Ontario are less well known and it is more difficult to understand the
potential risks associated with them. The purpose of the list of Substances of Concern is to
determine who uses these substances and how they are used in Ontario. Draft regulations are
expected to propose that facilities in Ontario using or creating these substances be subject to
new, one-time, reporting requirements.
Class of facilities:
Draft regulations are expected to propose that the application of requirements for facilities using
Substances of Concern apply to all sectors, but that the application of the first list of Substances
of Concern be limited to facilities in the manufacturing sector and those undertaking mineral
processing activities within the mining sector. Starting with the manufacturing and mineral
processing sectors is consistent with the application of other requirements under the Bill. The
potential to expand the application of requirements to other sectors reflects the fact that these
sectors may not be the major users of the substances of concern.
Amount of a substance:
It is anticipated that regulations would propose that lower thresholds be applied to substances of
concern than for toxic substances because there is so little existing data on the use and creation
of these substances in Ontario. It is anticipated that draft regulations would initially propose a
reporting threshold of 100 kilograms. This would match the federal reporting requirements
under Section 71 of the Canadian Environmental Protection Act, 1999.
Number of employees:
Again, because there is so little existing data on the Substances of Concern, it is anticipated
that regulations would propose no minimum threshold on the number of employees that a facility
must have to be subject to the requirements of the Bill related to Substances of Concern.
In addition to the areas described above, consultations in the following areas, among others,
would likely be undertaken soon:
• The timing, preparation, review, and contents of toxic substance reduction plans, plan summaries, reports on plans and reports, where appropriate • The qualifications that a person must have to certify a toxics reduction plan • The timing, preparation and contents of reports regarding substances of concerns • The creation, maintenance, retention, and availability of records. The Ministry will continue to engage stakeholders on issues that would inform the development of the draft regulations. John Karapita, Minister’s Office, 416-314-6736 ontario.ca/environment-news
Kate Jordan, Communications, 416-314-6666 PROPOSED LIST OF TOXIC SUBSTANCES

This list is intended to facilitate meaningful consultation on the proposed Toxics Reduction Act,
2009. The list of substances would be finalized in consultation with stakeholders and the public,
and prescribed in a regulation pending enactment of the Bill.

PHASE 1

Substance CA
PRIORITY TOXICS
Vanadium and its compounds (except when in its alloy) PRIORITY CARCINOGENS
Chlorinated toluenes (Benzoyl chloride and Benzyl chloride) 1 Chemical Abstract Service (CAS) number defined by the National Pollutant Release Inventory (NPRI), 2006. Reporting requirement: the pure metal of any substance, metal or alloy as the equivalent weight of the metal itself. Lead and compounds does not include tetraethyl lead or when contained in stainless steel, brass or bronze alloys. 2 Includes seventeen (17) congeners as defined by the NPRI, 2006 3 Total PAHs (polyaromatic hydrocarbons) reported under the NPRI, 2006 PROPOSED LIST OF TOXIC SUBSTANCES –

This list is intended to facilitate meaningful consultation on the proposed Toxics Reduction Act,
2009. The list of substances would be finalized in consultation with stakeholders and the public,
and prescribed in a regulation pending enactment of the Bill.

PHASE 2

Substance
1,1-Methylenebis(4-isocyanatocyclohexane) 2,2,4-Trimethylhexamethylene diisocyanate 2,4,4-Trimethylhexamethylene diisocyanate 4 Chemical Abstract Service (CAS) number defined by the National Pollutant Release Inventory (NPRI), 2006. Reporting requirement: the pure metal of any substance, metal or alloy as the equivalent weight of the metal itself. Lead and compounds does not include tetraethyl lead or when contained in stainless steel, brass or bronze alloys. Bis(2-ethylhexyl) phthalate p,p'-Isopropylidenediphenol PROPOSED LIST OF SUBTANCES OF CONCERN
This list is intended to facilitate meaningful consultation on the proposed Toxics Reduction Act,
2009. The list of substances would be finalized in consultation with stakeholders and the public,
and prescribed in a regulation pending enactment of the Bill.
PHASE I
Substance CAS

Source: http://www.ccsweb.ca/tcot/b167_backgrounder.pdf