O. Reg. 455/09: GENERAL
filed December 4, 2009 under Toxics Reduction Act, 2009, S.O. 2009, c. 19
Skip to contentONTARIO REGULATION 455/09
made under the
TOXICS REDUCTION ACT, 2009
Made: December 2, 2009
Filed: December 4, 2009
Published on e-Laws: December 7, 2009
Printed in The Ontario Gazette: December 19, 2009
GENERAL
CONTENTS
Interpretation, words used in this Regulation | |
Interpretation, words used in the Act | |
Toxic substances | |
Class of facility | |
Number of persons | |
Amounts of toxic substance used or created | |
Other criteria, Schedule 1 substances | |
Other criteria, acetone | |
When toxic substance reduction plan must be prepared | |
Exemption, plan for volatile organic compounds | |
Exemption, criteria no longer met | |
Toxic substance accounting, requirements | |
No accounting required for specified activities and things | |
No accounting or reporting required, criteria not met | |
Exemption, specified activities and things | |
Description of each process | |
Options for reducing use and creation | |
Other information | |
Certification by highest ranking employee | |
Amendment or review, new version of plan required | |
When review must be conducted | |
Review of plan, requirements | |
When summary must be prepared | |
Contents of summary | |
When report must be prepared | |
Contents of report | |
Information to be made available to public | |
Documents and records, retention | |
Notice of errors and change of ownership | |
Forms | |
Unit of measurement, information for public or Director | |
Commencement | |
(see subsection 9 (2)) | |
Interpretation, words used in this Regulation
“by-product”, “contiguous facility”, “disposal”, “emission factors”, “full-time employee equivalent”, “level of quantification”, “parent company”, “portable facility”, “recycling” and “release” have the same meaning as in Schedule 4 to the NPRI Notice;
“NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada as amended or revised from time to time;
“NPRI Notice” means the notice given under subsection 46 (1) of the Canadian Environmental Protection Act, 1999 and entitled “Notice with respect to substances in the National Pollutant Release Inventory for 2008”, as published in The Canada Gazette, Part 1, Vol. 142, No. 7, February 16, 2008.
(2) For the purposes of this Regulation, despite any reference in the NPRI Notice to its application during 2008, the NPRI Notice is deemed to apply in any calendar year in which this Regulation applies and any references to the year 2008 in the NPRI Notice are deemed to be references to a calendar year in which this Regulation applies.
(3) In this Regulation, a reference to a significant process change at a facility is a reference to a change consisting of,
(a) the addition of a process at the facility that uses or creates a toxic substance, other than a process that is described in the current version of the toxic substance reduction plan for the substance at the facility; or
(b) an alteration to a process at the facility that uses or creates a toxic substance and that is described in the current version of the toxic substance reduction plan for the substance at the facility, if the alteration results in an increase in the use or creation of the substance in the process of at least 15 per cent from the quantifications set out in the current version of the plan.
Interpretation, words used in the Act
2. (1) In the Act, “employee” and “facility” have the same meaning as in Schedule 4 to the NPRI Notice.
(2) In the Act, a toxic substance is destroyed if, after entering a process at a facility, the substance is changed into one or more substances that are not toxic substances.
(3) In the Act, a toxic substance is transformed if, after entering a process at a facility, the substance is changed into one or more other toxic substances.
Toxic substances
3. (1) The following substances are prescribed as toxic substances for the purposes of the Act:
1. Any substance listed in Schedule 1 to the NPRI Notice, if the substance is in the form specified in that Schedule.
2. Acetone.
(2) For greater certainty, a product that contains a substance listed in Schedule 1 to the NPRI Notice that is intended for human or animal consumption and that is manufactured at a food manufacturing or beverage manufacturing facility identified by a NAICS code commencing with the digits “311” or “3121” is not a toxic substance.
Toxic Substance Reduction Plans — Criteria
Class of facility
4. (1) For the purposes of paragraph 1 of subsection 3 (1) of the Act, a facility at which manufacturing takes place is a prescribed class of facilities.
(2) The class of facilities prescribed under subsection (1) includes,
(a) a facility identified by a NAICS code commencing with the digits “31”, “32” or “33”; and
(b) a facility identified by a NAICS code commencing with the digits “212” that processes minerals, but only if the mineral processing at the facility involves the use of chemicals to extract, refine or concentrate an ore.
Number of persons
5. For the purposes of paragraph 2 of subsection 3 (1) of the Act, the prescribed number of persons is zero.
Amounts of toxic substance used or created
6. For the purposes of paragraph 3 of subsection 3 (1) of the Act, the amounts of a toxic substance that are used or created at a facility must exceed zero.
Other criteria, Schedule 1 substances
7. (1) For the purposes of paragraph 4 of subsection 3 (1) of the Act, if the toxic substance is a substance listed in Schedule 1 to the NPRI Notice,
(a) the employee criteria set out in clause 1 (d) of Schedule 2 to the NPRI Notice must be met at the facility or an activity set out in section 2 of Schedule 2 to the NPRI Notice must have taken place at the facility; and
(b) there must have been releases, disposals or transfers for recycling of the substance from the facility.
(2) The criteria described in subsection (1) are deemed not to be met in respect of a toxic substance if the owner and the operator of the facility reasonably believe that they are not required to provide any information under the NPRI Notice in respect of the substance.
Other criteria, acetone
8. For the purposes of paragraph 4 of subsection 3 (1) of the Act, if the toxic substance is acetone, the criteria set out in subsection 4 (1) of Ontario Regulation 127/01 (Airborne Contaminant Discharge Monitoring and Reporting) made under the Environmental Protection Act must be met, having regard to subsection 4 (2) of that Regulation.
When toxic substance reduction plan must be prepared
9. (1) If the criteria prescribed for the purposes of paragraphs 1, 2, 3 and 4 of subsection 3 (1) of the Act are met in respect of a facility and a toxic substance during the same calendar year, subsection 3 (1) of the Act applies to the owner and the operator of the facility in respect of that toxic substance,
(a) in the first calendar year in which the criteria are met; and
(b) in each subsequent calendar year, unless the owner and the operator of the facility gives the Director notice under section 11.
(2) Subsection (1) does not apply until January 1, 2012 in respect of a toxic substance that is not listed in Table A.
(3) The owner and the operator of a facility who are required to prepare a toxic substance reduction plan shall ensure that the plan is prepared on or after the day on which the report required under section 10 of the Act in respect of the plan is prepared but no later than December 31 in the calendar year following the calendar year in respect of which the plan is required to be prepared.
(4) Despite clause (1) (b), if the owner and the operator of a facility have ensured that a toxic substance reduction plan has been prepared for a toxic substance in accordance with subsection (3), the owner and the operator are not required to prepare any additional toxic substance reduction plan for the substance unless,
(a) a new version of the plan is required to be prepared under subsection 20 (1) as a result of an amendment under section 5 of the Act or a review under section 7 of the Act; or
(b) a new plan is required to be prepared under subsection 11 (7).
(5) If there is more than one owner or operator of a facility during a calendar year in which this Regulation applies, the persons who are the owner and the operator of the facility on December 31 in the calendar year are deemed to be the owner and the operator of the facility for the purposes of complying with this Regulation.
Exemption, plan for volatile organic compounds
10. Despite subsection 3 (1) of the Act and section 9 of this Regulation, no toxic substance reduction plan is required to be prepared in respect of the toxic substance listed in Item 292 of Schedule 1 to the NPRI Notice.
Exemption, criteria no longer met
11. (1) Subject to subsection (7), the owner and the operator of a facility are exempt from subsection 3 (1) of the Act if the Director is given a notice stating that,
(a) the facility no longer belongs to a class of facilities prescribed for the purposes of paragraph 1 of subsection 3 (1) of the Act; or
(b) there has been a permanent reduction in the number of persons employed at the facility and there are no longer any employees.
(2) Subject to subsection (7), the owner and the operator of a facility are exempt from subsection 3 (1) of the Act in respect of a toxic substance if the Director is given a notice stating,
(a) that there has been a permanent cessation of the use and creation of the toxic substance in all processes at the facility;
(b) that, in 2015, 2016 and 2017 or in any three consecutive years commencing in 2018,
(i) the criteria mentioned in clause 7 (1) (a) are not met,
(ii) the criterion mentioned in clause 7 (1) (b) is not met,
(iii) if the toxic substance is acetone, the criteria mentioned in section 8 are not met, or
(iv) if the toxic substance is a dioxin, a furan or hexachlorobenzene listed in Part 3 of Schedule 1 to the NPRI Notice, it has been determined through continuous emissions monitoring, predictive emissions monitoring or source testing that the quantity released on-site, disposed of or transferred off-site for recycling is less than the applicable estimated level of quantification set out in section 17 of Schedule 3 to the NPRI Notice.
(3) A notice given under this section must be given to the Director on or before June 1 in the year following the third year in respect of which the notice applies.
(4) A notice given under this section shall include a description of the circumstances that led to the giving of the notice.
(5) A notice given under this section shall include a certification signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, in the following language:
As of [insert date], I certify that I have read the notice prepared for the purposes of section 11 of Ontario Regulation 455/09 (General) made under the Toxics Reduction Act, 2009 in respect of the use and creation of [insert toxic substance(s)] at [insert name of facility] and am familiar with its contents and to my knowledge the description contained in the notice of the circumstances that led to the giving of the notice is factually accurate.
(6) A notice mentioned in subclause (2) (b) (i), (ii), (iii) or (iv) shall include, for each of the three relevant years, one of the following:
1. A copy of a report prepared for the purposes of section 10 of the Act in respect of the toxic substance.
2. A copy of a record prepared under clause 14 (2) (a) in respect of the criteria referred to in the notice, and the certification mentioned in clause 14 (2) (b).
(7) If, in any calendar year after the most recent year in respect of which a notice is given under this section, the circumstances that led to the giving of the notice no longer apply, the exemption under subsection (1) or (2) ceases to apply and, if a toxic substance reduction plan is required to be prepared for a toxic substance, a new plan shall be prepared on or before December 31 in the following calendar year as if it is the first plan required to be prepared under the Act and this Regulation.
(8) The Director shall make available to the public any notice that is given to the Director under this section by,
(a) posting the notice on the Internet; and
(b) giving a copy of the notice to a member of the public, upon written request.
(9) Subsection (8) does not apply in respect of a copy of a record prepared under clause 14 (2) (a).
Toxic substance accounting, requirements
12. (1) Subject to sections 13 and 14, for the purposes of section 9 of the Act, the owner and the operator of a facility shall determine the following in respect of the toxic substance:
1. The amount of the substance that enters a process as the substance itself or as a constituent of another substance.
2. The amount of the substance that is created.
3. The amount of the substance that is destroyed or transformed.
4. If the substance is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice, the quantifications set out in clauses 11 (e) to (k) of Schedule 3 to the NPRI Notice.
5. If the substance is listed in Part 4 of Schedule 1 to the NPRI Notice, the quantifications set out in clauses 20 (b) and (c) of Schedule 3 to the NPRI Notice.
6. If the substance is listed in Part 5 of Schedule 1 to the NPRI Notice, the quantifications set out in clauses 25 (b) and (c) of Schedule 3 to the NPRI Notice.
7. If the toxic substance is acetone, the calculations mentioned in subsection 4 (3) of Ontario Regulation 127/01 (Airborne Contaminant Discharge Monitoring and Reporting) made under the Environmental Protection Act.
8. The amount of the substance contained in product, if the substance is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice.
(2) For the purposes of section 9 of the Act, the owner and the operator of a facility shall create the following records in respect of the toxic substance:
1. A record that describes,
i. every stage of the manufacturing operation at the facility that uses or creates the substance, and
ii. how each stage is divided into one or more processes that use or create the substance.
2. A record that includes process flow diagrams that,
i. give a visual representation of the movement of the substance through each process, including how it enters the process, whether it is created, destroyed or transformed during the process, how it leaves the process and what happens to it after it leaves the process, and
ii. show the relationships between the processes.
3. A record of the tracking and quantification of the substance for each calendar year in which section 9 of the Act applies in respect of the substance.
4. If the sum of the quantities of the substance that are used and created in a process in a calendar year does not approximately equal the sum of the quantities of the substance that are destroyed, transformed and leave the process, a record describing why the sums are not approximately equal.
5. A record that describes the method or combination of methods used to track and quantify the substance in each process and explains why the method or combination of methods was chosen.
(3) In determining how many processes a stage of the manufacturing operation should be divided into for the purposes of subparagraph 1 ii of subsection (2), the owner and the operator of the facility shall ensure that a sufficient number of processes are identified for that stage to enable the owner and the operator to meet the requirements set out in section 9 of the Act and this section.
(4) A process flow diagram mentioned in paragraph 2 of subsection (2) may specify the quantifications made under section 9 of the Act in respect of the toxic substance.
(5) The record required under paragraph 4 of subsection (2) shall be completed on or before June 1 in the year following the calendar year in which the sums specified in that subsection do not approximately equal each other.
(6) The owner and the operator of a facility shall ensure that for each process identified in the record mentioned in paragraph 1 of subsection (2), the best available method or combination of methods for tracking and quantifying the toxic substance is used, taking the following into consideration:
1. How the substance enters the process, what happens to it during the process, how it leaves the process and what happens to it after it leaves the process.
2. Industry standards.
3. Economic achievability of a method or combination of methods.
4. Continuous monitoring, predictive monitoring, source testing or sampling, mass balance, published emission factors, site-specific emission factors and engineering estimates.
5. Any methods required to be used for the purposes of meeting a requirement under federal, provincial or municipal law.
(7) The method or combination of methods used for tracking and quantifying a toxic substance for a process shall not be changed unless,
(a) the change is as a result of a review of the current version of the toxic substance reduction plan for the substance under section 7 of the Act; or
(b) the change is for the purposes of complying with a requirement under an Act, an Act of Canada or a municipal by-law.
(8) If the method or combination of methods for tracking and quantifying a toxic substance is changed under subsection (7), the record created under paragraph 5 of subsection (2) shall be amended to describe the new method or combination of methods and the owner and the operator of the facility shall ensure that the change is reflected in the next version of the toxic substance reduction plan.
No accounting required for specified activities and things
13. (1) Section 9 of the Act does not apply in respect of,
(a) the manufacturing, processing or other use of a toxic substance in an activity specified in clause 3 (a) of Schedule 2 to the NPRI Notice;
(b) a toxic substance contained in a thing specified in clause 3 (b) of Schedule 2 to the NPRI Notice; and
(c) the manufacturing, processing or other use of a toxic substance for an activity specified in subsection 4 (1) of Schedule 2 to the NPRI Notice.
(2) Despite clause (1) (c), if a toxic substance listed in Part 4 or 5 of Schedule 1 to the NPRI Notice is released to the air as a result of the combustion of fuel in stationary combustion equipment for an activity mentioned in that clause, section 9 of the Act applies in respect of the release of the substance.
(3) The owner and the operator of a contiguous facility or a portable facility are exempt from section 9 of the Act in respect of a toxic substance listed in Part 3 of Schedule 1 to the NPRI Notice, except if an activity specified in clause 9 (b) of Schedule 2 to the NPRI Notice is carried out at the facility.
(4) For the purposes of this section, a toxic substance is,
(a) manufactured if it is produced, prepared or compounded, including the coincidental production of a toxic substance as a by-product as a result of the manufacturing, processing or other use of any other substances;
(b) processed if it is prepared after its manufacture for commercial distribution, including preparation of the substance in the same physical state or chemical form as that received by the facility or preparation which produces a change in physical state or chemical form; and
(c) otherwise used if it is used, disposed of or released in a manner other than a manner described in clause (a) or (b).
No accounting or reporting required, criteria not met
14. (1) Subject to subsections (2) and (3), sections 9 and 10 of the Act do not apply in respect of a toxic substance that is used or created at a facility in a calendar year if the owner and the operator of the facility,
(a) determine that any of the applicable criteria prescribed for the purposes of paragraph 1, 2, 3 or 4 of subsection 3 (1) of the Act are not met in the calendar year; or
(b) if the toxic substance is a dioxin, a furan or hexachlorobenzene listed in Part 3 of Schedule 1 to the NPRI Notice, determine through continuous emissions monitoring, predictive emissions monitoring or source testing that the quantity released on-site, disposed of or transferred off-site for recycling in the calendar year is less than the applicable estimated level of quantification set out in section 17 of Schedule 3 to the NPRI Notice.
(2) Subsection (1) applies if the owner and the operator of the facility ensure that,
(a) a record of the determination under subsection (1) is created, including a description of the information relied on to make the determination and any quantifications supporting the determination; and
(b) the record created under clause (a) is certified by the highest ranking employee at the facility who has management responsibilities relating to the facility, in the following language:
As of [insert date], I certify that I have read the record created for the purposes of section 14 of Ontario Regulation 455/09 (General) made under the Toxics Reduction Act, 2009 in respect of the use and creation of [insert toxic substance] at [insert name of facility] and am familiar with its contents and to my knowledge the information contained in the record is factually accurate.
(3) Subsection (1) applies if the owner or the operator of the facility gives the Director, on or before June 1 in the year following the calendar year mentioned in subsection (1),
(a) a copy of the relevant record mentioned in clause (2) (a) and the certification mentioned in clause (2) (b); and
(b) a notice stating that this section applies.
(4) The Director shall make available to the public a notice mentioned in clause (3) (b) by,
(a) posting the notice on the Internet; and
(b) giving a copy of the notice to a member of the public, upon written request.
Preparation and Contents of Toxic Substance Reduction Plan
Exemption, specified activities and things
15. A toxic substance reduction plan is not required to contain information that is not required to be tracked or quantified pursuant to section 13.
Description of each process
16. For the purposes of providing a description of each process at a facility, as required under paragraph 4 of subsection 4 (1) of the Act, a toxic substance reduction plan for a toxic substance shall include the records mentioned in paragraphs 1, 2 and 5 of subsection 12 (2).
Options for reducing use and creation
17. (1) For the purposes of paragraph 5 of subsection 4 (1) of the Act, a toxic substance reduction plan for a toxic substance shall include the following:
1. Subject to paragraph 2 and subsection (2), at least one option identified for each of the following categories of toxic substance reduction methods:
i. Materials or feedstock substitution.
ii. Product design or reformulation.
iii. Equipment or process modification.
iv. Spill and leak prevention.
v. On-site reuse or recycling.
vi. Improved inventory management or purchasing techniques.
vii. Training or improved operating practices.
2. If an option cannot be identified for a category listed in paragraph 1, an explanation of why no option could be identified for the category.
3. For each option identified under paragraph 1,
i. estimates of the amount by which the use of the substance at the facility will be reduced, if the substance is used at the facility,
ii. estimates of the amount by which the creation of the substance at the facility will be reduced, if the substance is created at the facility,
iii. estimates of the amount by which the discharges of the substance to air, land or water will be reduced, if the substance is discharged to air, land or water, and
iv. estimates of the amount of the substance contained in product leaving the facility that will be reduced, if the substance is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice and is contained in product that leaves the facility.
4. A list of the options that have been determined to be technically feasible.
5. For each option that has been determined to be technically feasible, an analysis of the economic feasibility of the option, including any anticipated savings that could result from implementing the option and the anticipated payback period for the option.
6. A list of the options that have been determined to be both technically and economically feasible.
(2) For the purposes of paragraph 1 of subsection (1), an option may be identified only if,
(a) the implementation of the option will not violate a provincial law, a federal law or a municipal by-law; and
(b) after considering the positive and negative impacts of the option on human health and the environment, the option will not result in greater negative impacts to human health or the environment.
(3) In creating a timetable for the purposes of subparagraph 7 ii of subsection 4 (1) of the Act, the owner and the operator of a facility shall ensure that the timetable includes anticipated timelines for achieving the estimated reductions of the use and creation of the toxic substance.
(4) If an option described in paragraph 5 of subsection 4 (1) of the Act will be implemented, in addition to the estimates required under subparagraphs 7 iii, iv and v of subsection 4 (1) of the Act, a toxic substance reduction plan for a toxic substance that is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice shall include an estimate of the amount by which the substance contained in product leaving the facility will be reduced.
(5) In giving an estimate for the purposes of subparagraphs 7 iii, iv and v of subsection 4 (1) of the Act and this section, the owner and the operator of a facility shall ensure that,
(a) the estimate is developed in good faith and using the best available information;
(b) the estimate is calculated using the quantifications used to prepare the current version of the plan;
(c) the information that formed the basis of each estimate and the method or combination of methods that was used to develop the estimate is set out in the current version of the plan; and
(d) the estimate is expressed as a percentage and in the unit of measurement specified in section 31.
Other information
18. (1) A toxic substance reduction plan for a toxic substance shall contain estimates of the direct and indirect annual costs related to the toxic substance being,
(a) used or created at the facility;
(b) released from the facility;
(c) disposed of by the facility;
(d) transferred from the facility; and
(e) contained in product that leaves the facility, if it is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice.
(2) A toxic substance reduction plan for a toxic substance shall contain the following information:
1. The name of the substance and the Chemical Abstracts Service Registry number for the substance, if a number has been assigned.
2. The National Pollutant Release Inventory (NPRI) identification number for the facility.
3. The identification number assigned to the facility by the Ministry of the Environment for the purposes of Ontario Regulation 127/01 (Airborne Contaminant Discharge Monitoring and Reporting) made under the Environmental Protection Act, if one has been assigned.
4. The legal and trade names of the owner and the operator of the facility, the street address of the facility and, if the mailing address of the facility is different from the street address, the mailing address.
5. The number of full-time employee equivalents at the facility.
6. The two- and four-digit North American Industry Classification System (NAICS) codes and the six-digit NAICS Canada code for the facility.
7. If applicable, the name, position and telephone number of the individual who is the contact at the facility for the public.
8. If applicable, the name, position and telephone number of the individual who is the technical contact for the facility.
9. The name, position, and telephone number of the individual who is responsible for coordinating the preparation of the plan.
10. The name, position and telephone number of the person who prepared the plan, if that person is different from the person mentioned in paragraph 9.
11. The name, position and telephone number of the highest ranking employee at the facility who has management responsibilities relating to the facility and who is responsible for making a certification under subsection 4 (2) of the Act.
12. The street and mailing addresses of each person mentioned in paragraphs 7, 8, 9, 10 and 11, if the addresses are different from the addresses mentioned in paragraph 4.
13. The spatial coordinates of the facility expressed in Universal Transverse Mercator (UTM) within a North American Datum 83 (NAD83) datum.
14. In respect of each person who is the Canadian parent company of the facility, if applicable,
i. the legal name of the person,
ii. the street and mailing address of the company, if different from the addresses mentioned in paragraph 4,
iii. if available, the company’s percentage of ownership of the person responsible for ensuring a toxic substance reduction plan is prepared, and
iv. the business number assigned to the company by the Canada Customs and Revenue Agency.
(3) A toxic substance reduction plan for a toxic substance shall include the record mentioned in paragraph 4 of subsection 12 (2), if such a record is required under that paragraph.
Certification by highest ranking employee
19. A person who certifies a toxic substance reduction plan for the purposes of subsection 4 (2) of the Act shall certify the plan in the following language:
As of [insert date], I certify that I have read the toxic substance reduction plan for [insert the toxic substance] and am familiar with its contents, and to my knowledge the plan is factually accurate and complies with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act.
Amendment or review, new version of plan required
20. (1) If a toxic substance reduction plan is amended under section 5 of the Act or reviewed under section 7 of the Act, the owner and the operator who were required to ensure the plan was prepared shall ensure that a new version of the plan is prepared to reflect all updated information.
(2) If a review of a toxic substance reduction plan under section 7 of the Act is required to be conducted in a calendar year, the owner and the operator of the facility shall ensure that the new version of the plan is prepared on or before December 31 in that year.
(3) The owner and the operator of a facility shall ensure that an amendment under section 5 of the Act or a review under section 7 of the Act is carried out in respect of the current version of a toxic substance reduction plan.
(4) If a new version of a toxic substance reduction plan is created, the new version shall contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, in the following language:
As of [insert date], I certify that I have read the toxic substance reduction plan dated [insert version date] for [insert the toxic substance] and am familiar with its contents and to my knowledge this version of the plan is factually accurate and complies with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act.
(5) In addition to subsection (4), if a new version of a toxic substance reduction plan is created as a result of a review under section 7 of the Act, the new version shall contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following:
I certify that, during [insert calendar year of review of plan], a review of the toxic substance reduction plan for [insert toxic substance] has been conducted in accordance with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act.
When review must be conducted
21. (1) For the purposes of conducting a review of the current version of a toxic substance reduction plan under section 7 of the Act, the owner and the operator of a facility shall,
(a) if the plan is required to be prepared on or before December 31, 2017, ensure that the plan is reviewed during 2018 and during each subsequent fifth calendar year; or
(b) if the plan is required to be prepared on or after December 31, 2018, ensure that the plan is reviewed during the calendar year determined in accordance with subsection (2) and during each subsequent fifth calendar year.
(2) For the purposes of clause (1) (b), the first calendar year during which the plan is required to be reviewed shall be determined by applying the following equation:
2018 + 5 (x + 1)
where,
x = (y – 2018)/5, rounded down to the nearest whole number, and
y = the year in which the plan was required to be prepared.
(3) In addition to conducting a review required under subsection (1) and subject to subsection (4), the owner and the operator mentioned in subsection (1) shall ensure that the current version of a toxic substance reduction plan is reviewed during a calendar year if there was a significant process change at the facility during the previous calendar year.
(4) Subsection (3) does not apply if the significant process change at the facility was a result of implementing one of the options identified in a statement included in the current version of the toxic substance reduction plan under paragraph 6 of subsection 4 (1) of the Act.
(5) Despite clause (1) (a), no review is required to be conducted in 2018 if the Director is given a notice under subclause 11 (2) (b) (i), (ii), (iii) or (iv) in respect of the years 2015, 2016 and 2017.
(6) Despite subsection (1), no review is required to be conducted in a calendar year other than 2018 if the toxic substance reduction plan has been reviewed at least once and the Director is given a notice under subclause 11 (2) (b) (i), (ii), (iii) or (iv) in respect of the three preceding consecutive calendar years.
Review of plan, requirements
22. (1) A review of the current version of a toxic substance reduction plan conducted for the purposes of section 7 of the Act shall consist of the following:
1. If no statement mentioned in paragraph 1 of subsection 4 (1) of the Act was included in the plan,
i. a determination of whether such a statement should be included in the plan, and
ii. if the determination under subparagraph i is that no statement should be included, an examination of whether the reasons stated in the plan for not including the statement remain valid and, if not, the new reasons for not including the statement.
2. If a statement mentioned in paragraph 1 of subsection 4 (1) of the Act was included in the plan, a determination of whether, due to any change in circumstances at the facility, the statement should be removed from the plan.
3. If the determination is made under paragraph 2 that the statement should be removed from the plan, an explanation of the reasons for removing the statement, including,
i. a description of the change in circumstances at the facility that resulted in the removal of the statement, and
ii. whether the removal of the statement is the result of the successful implementation of an option to reduce the use or creation of the toxic substance.
4. A determination of whether any objectives for reducing the use or creation of the toxic substance set out in the plan, including any targets, remain valid or should be revised, and if revision is required, a determination of the new objectives or targets.
5. Updating of the records created under paragraphs 1, 2 and 5 of subsection 12 (2) to ensure that they are accurate and complete.
6. Updating of the description of each process at the facility to ensure that it is accurate and complete.
7. If new methods or combinations of methods for tracking and quantifying the toxic substance are identified, the reason for the change and the anticipated impact of the change on tracking and quantification.
8. An identification and analysis of options for reducing the use and creation of the toxic substance at the facility by identifying and analyzing options as set out in paragraphs 1 to 6 of subsection 17 (1).
9. Updating of the estimates made for the purposes of subparagraphs 7 iii, iv and v of subsection 4 (1) of the Act and subsection 17 (4) of this Regulation, based on the quantifications for the most recent calendar year.
10. A review of whether the timetable created for the purposes of subparagraph 7 ii of subsection 4 (1) of the Act is accurate and complete and updating of the timetable.
11. A determination of whether the estimates of annual costs associated with the toxic substance as set out in the plan under subsection 18 (1) remain valid, and if a revision is required, a determination of new estimates.
12. A review and correction of any errors in the plan, including any errors reported to the Director in accordance with section 29.
(2) A new version of a toxic substance reduction plan prepared as a result of a review under section 7 of the Act shall include the records created under paragraphs 3 and 4 of subsection 12 (2) for each year since the year in respect of which the version being reviewed was prepared.
When summary must be prepared
23. (1) The owner and the operator of a facility shall ensure that a summary required to be prepared under section 8 of the Act is prepared in respect of the first version of a toxic substance reduction plan and in respect of each new version of the plan prepared as a result of an amendment under section 5 of the Act or a review under section 7 of the Act.
(2) The owner and the operator of a facility shall ensure that a summary of a toxic substance reduction plan mentioned in subsection (1) is given to the Director, made available to the public on the Internet and given to a member of the public upon written request,
(a) in the case of a summary of the first version of the plan, on or before the day that the plan is required to be prepared; or
(b) in the case of a summary of a version of a plan other than the first version,
(i) within 30 days after the new version of the plan is prepared, if the new version is prepared as a result of an amendment to the plan under section 5 of the Act, or
(ii) on or before December 31 in the year in which the plan is required to be reviewed, if the new version is prepared as a result of a review under section 7 of the Act.
(3) The owner and the operator of a facility shall ensure that on the day that a summary is made available to the public under subsection (2), notice is given to all employees of the facility regarding the summary.
Contents of summary
24. (1) For the purposes of section 8 of the Act, a summary of the current version of a toxic substance reduction plan for a toxic substance shall contain the following:
1. The information set out in subsection 18 (2) of this Regulation, except for the information mentioned in paragraphs 8, 9, 10, 11 and 12 of that subsection and the business number mentioned in subparagraph 14 iv of that subsection.
2. The name of all other toxic substances used or created at the facility for which plans are required to be prepared under subsection 3 (1) of the Act.
3. If a statement mentioned in paragraph 1 of subsection 4 (1) of the Act is included in the plan, a copy of the statement, and if no statement is included, the reasons referred to in paragraph 2 of subsection 4 (1) of the Act.
4. A description of why the toxic substance is used or created at the facility.
5. For the purposes of paragraph 2 of subsection 8 (2) of the Act, a description of any options to be implemented, as identified in the current version of the plan, and, for each of those options, the estimates set out in the plan in accordance with subparagraphs 7 iii to v of subsection 4 (1) of the Act and subsection 17 (4) of this Regulation.
6. The anticipated timelines for achieving the estimated reductions of the use and creation of the toxic substance.
7. If no options are identified in a statement under paragraph 6 of subsection 4 (1) of the Act, the statement that no options will be implemented as required under that paragraph and an explanation of the reasons why no options are identified.
8. A statement that the summary accurately reflects the current version of the plan.
(2) A summary of the current version of a toxic substance reduction plan may contain a description of any actions that the owner or the operator of the facility has taken to reduce the use and creation of the toxic substance at the facility.
(3) A summary of the current version of a toxic substance reduction plan may contain a rationale for why the options mentioned in paragraph 5 of subsection (1) were selected for implementation.
When report must be prepared
25. Subject to section 14 of this Regulation, for the purposes of section 10 of the Act, the owner and the operator of a facility shall ensure that on or before June 1 in each year commencing in 2011 a report is,
(a) prepared in respect of the current version of a toxic substance reduction plan that is required to be prepared; and
(b) given to the Director.
Contents of report
26. (1) The owner and the operator of a facility shall ensure that a report prepared in respect of a toxic substance reduction plan for a toxic substance under section 10 of the Act contains the following information:
1. The information set out in subsection 18 (2).
2. The name of all other toxic substances used or created at the facility for which plans are required to be prepared under subsection 3 (1) of the Act.
3. If the report is prepared by a person other than the owner or the operator of the facility, the name and address of the person who prepared the report.
4. A statement of whether there has been a change in the method or combination of methods used to track and quantify the substance during the previous calendar year and, if there has been a change, a description of the change, the reason for the change and how the change will impact tracking and quantification of the substance.
5. A statement of whether there has been a significant process change at the facility during the previous calendar year.
6. A statement of whether any incident out of the normal course of events occurred at the facility during the previous calendar year and whether the incident affected the results of tracking and quantification of the substance and, if so, an explanation of how.
7. On a facility-wide basis, the results of the determinations mentioned in subsection 12 (1), other than the determination mentioned in paragraph 3 of subsection 12 (1).
(2) The owner and the operator of a facility shall ensure that a report other than the first report prepared in respect of a toxic substance reduction plan for a toxic substance contains the following information in addition to the information required under subsection (1):
1. A comparison of the results mentioned in paragraph 7 of subsection (1) to the results reported for the most recent calendar year for which a report has been submitted under section 10 of the Act, expressed as a percentage and in the units of measurement specified in section 31.
2. If the comparison mentioned in paragraph 1 indicates a change in the quantification of the substance between calendar years, an explanation of the reasons for the change.
3. The objectives set out in the current version of the plan, including any targets for reducing the use and creation of the substance at the facility.
4. For each option identified under paragraph 6 of subsection 4 (1) of the Act in the current version of the plan,
i. a description of the steps described in the plan under subparagraph 7 i of subsection 4 (1) of the Act that were taken during the previous calendar year to implement the option,
ii. the amount of reduction in the use, creation and discharge to air, land or water of the substance at the facility during the previous calendar year that resulted due to the steps mentioned in subparagraph i,
iii. if the substance is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice, the amount of reduction in the substance contained in product at the facility during the previous calendar year that resulted due to the steps mentioned in subparagraph i, and
iv. an indication of whether the timelines set out in the timetable created for the purposes of subparagraph 7 ii of subsection 4 (1) of the Act and included in the current version of the plan will be met.
5. For any actions in addition to the steps mentioned in subparagraph 4 i that were taken during the previous calendar year to achieve the plan’s objectives, including any targets specified in the plan,
i. a description of the additional actions,
ii. if applicable, the amount of reduction in the use, creation and discharge to air, land or water of the substance at the facility during the previous calendar year that resulted due to the actions mentioned in subparagraph i, and
iii. if applicable and if the substance is listed in Part 1, 2 or 3 of Schedule 1 to the NPRI Notice, the amount of reduction in the substance contained in product at the facility during the previous calendar year that resulted due to the actions mentioned in subparagraph i.
6. A comparison of the steps described under subparagraph 4 i and the steps described in the plan under subparagraph 7 i of subsection 4 (1) of the Act.
(3) A report prepared for the purposes of section 10 of the Act shall be certified by the highest ranking employee at the facility who has management responsibilities relating to the facility and that person may certify a single document that contains more than one report.
(4) For the purposes of subsection (3), a person shall certify the report or document containing more than one report in the following language:
As of [insert date], I certify that I have read the [report(s)] on the toxic substance reduction [plan(s)] for [insert the toxic substance(s)] and am familiar with [its/their] contents and to my knowledge the information contained in the [report(s)] is factually accurate and the [report complies/reports comply] with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under the Act.
Information to be made available to public
27. (1) For the purposes of subsection 10 (4) of the Act, the owner and the operator of a facility shall ensure that the following information contained in a report prepared under section 10 of the Act is made available to the public on the Internet and given to a member of the public upon written request:
1. The information referred to in paragraph 1 of subsection 26 (1), except for the information mentioned in paragraphs 8, 9, 10, 11 and 12 of subsection 18 (2) and the business number mentioned in subparagraph 14 iv of that subsection.
2. The information referred to in paragraphs 2 and 7 of subsection 26 (1).
3. The information referred to in paragraph 1 of subsection 26 (2).
4. A summary of the reasons referred to in paragraph 2 of subsection 26 (2).
5. The information referred to in paragraph 3 of subsection 26 (2).
6. A summary of the information referred to in paragraphs 4, 5 and 6 of subsection 26 (2).
7. A summary of any descriptions included in the report under clause 10 (2) (b) (iii) of the Act.
8. A copy of the certification prepared in respect of the report under subsection 26 (3).
(2) For the purposes of paragraph 2 of subsection (1), if the Director specifies ranges within which information mentioned in paragraph 7 of subsection 26 (1) may be expressed and the owner and the operator of a facility choose to express the information in a range, the owner and the operator shall express that information in the range specified by the Director.
(3) For the purpose of subsection (2), the Director may specify ranges having regard to the class of facility, the number of employees at the facility and the toxic substance used, created or contained in product.
(4) The owner and the operator of a facility shall ensure that on the day that the information mentioned in subsection (1) is made available to the public, notice is given to all employees of the facility regarding the provision of the information to the public.
(5) The Director may, for the purposes of subsection 10 (5) of the Act, make available to the public the information set out in subsection (1) by,
(a) posting the notice on the Internet; and
(b) giving a copy of the notice to a member of the public, upon written request.
Documents and records, retention
28. (1) The owner and the operator of a facility shall retain at the facility every document and record that they create or acquire for the purposes mentioned in subsection (2) for a period of at least seven years after the date that the document or record is created or acquired or, if the document or record is required to be certified, after the date the document or record is certified.
(2) The purposes mentioned in subsection (1) are the following:
1. Preparing a toxic substance reduction plan in accordance with section 4 of the Act.
2. Amending a toxic substance reduction plan in accordance with section 5 of the Act.
3. Reviewing a toxic substance reduction plan in accordance with section 7 of the Act.
4. Preparing a summary of a toxic substance reduction plan in accordance with section 8 of the Act.
5. Tracking and quantifying a toxic substance in accordance with section 9 of the Act.
6. Preparing a report in accordance with section 10 of the Act.
(3) The owner and the operator of a facility shall retain at the facility each version of a toxic substance reduction plan that has been prepared under the Act for a period of at least seven years after the date the version of the plan is certified in accordance with subsection 4 (2) of the Act.
Notice of errors and change of ownership
29. (1) Subject to subsection (2), the owner and the operator of a facility shall, within 30 days after becoming aware of an error or inaccuracy in a document mentioned in subsection (3), notify the Director of the error or inaccuracy and submit the corrected information.
(2) The owner and the operator of a facility may apply to the Director for an extension of the time limit set out in subsection (1) and the Director may specify an extended time limit if, in the opinion of the Director, the extended time limit is necessary to correct the error or inaccuracy.
(3) The documents referred to in subsection (1) are the following:
1. A summary prepared under section 8 of the Act.
2. A report prepared under section 10 of the Act.
3. A notice given to the Director in accordance with section 11 or section 14 of this Regulation.
(4) If there is a change in the owner or the operator of a facility, the new owner or operator of the facility shall notify the Director in writing of the change within 30 days after the change.
Forms
30. If the Act or this Regulation requires or permits the submission or giving of a summary, notice, record or report, the summary, notice, record or report must be in an electronic form provided by or approved by the Director.
Unit of measurement, information for public or Director
31. If the owner or the operator of a facility is required by the Act or this Regulation to make any information related to a toxic substance available to the public or to give any information related to a toxic substance to the Director, the owner or the operator shall, in making the information available or giving the information, use,
(a) the unit of measurement required to be used when tracking or reporting on the toxic substance for the purposes of the NPRI Notice, if the toxic substance is a substance listed in Schedule 1 to the NPRI Notice; and
(b) tonnes, if the toxic substance is acetone.
Commencement
Commencement
32. This Regulation comes into force on the later of the day subsection 3 (1) of the Toxics Reduction Act, 2009 comes into force and the day this Regulation is filed.
TABLE A
(SEE SUBSECTION 9 (2))
Item |
Column 1 |
Column 2 |
Column 3 |
Substance prescribed under subsection 3 (1) |
CAS# |
NPRI Part | |
1. |
Acetaldehyde |
75-07-0 |
1 |
2. |
Acrylamide |
79-06-1 |
1 |
3. |
Aluminum1 |
7429-90-5 |
1 |
4. |
Antimony2 |
** |
1 |
5. |
Arsenic3 |
** |
1 |
6. |
Asbestos4 |
1332-21-4 |
1 |
7. |
Benzene |
71-43-2 |
1,5 |
8. |
Biphenyl |
92-52-4 |
1 |
9. |
1,3 –Butadiene |
106-99-0 |
1,5 |
10. |
Cadmium5 |
** |
1 |
11a. |
Benzoyl chloride |
98-88-4 |
1 |
11b. |
Benzyl chloride |
100-44-7 |
1 |
12. |
Chlorine |
7782-50-5 |
1 |
13. |
Chromium6 |
** |
1 |
14. |
Cobalt7 |
** |
1 |
15. |
Copper8 |
** |
1 |
16. |
Creosote |
8001-58-9 |
5 |
17. |
Cyanides9 |
** |
1 |
18. |
1,2-Dichloroethane |
107-06-2 |
1,5 |
19a. |
2,3,7,8-Tetrachlorodibenzo-p-dioxin |
1746-01-6 |
3 |
19b. |
1,2,3,7,8-Pentachlorodibenzo-p-dioxin |
40321-76-4 |
3 |
19c. |
1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin |
39227-28-6 |
3 |
19d. |
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin |
19408-74-3 |
3 |
19e. |
1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin |
57653-85-7 |
3 |
19f. |
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin |
35822-46-9 |
3 |
19g. |
Octachlorodibenzo-p-dioxin |
3268-87-9 |
3 |
19h. |
2,3,7,8-Tetrachlorodibenzofuran |
51207-31-9 |
3 |
19i. |
2,3,4,7,8-Pentachlorodibenzofuran |
57117-31-4 |
3 |
19j. |
1,2,3,7,8-Pentachlorodibenzofuran |
57117-41-6 |
3 |
19k. |
1,2,3,4,7,8-Hexachlorodibenzofuran |
70648-26-9 |
3 |
19l. |
1,2,3,7,8,9-Hexachlorodibenzofuran |
72918-21-9 |
3 |
19m. |
1,2,3,6,7,8-Hexachlorodibenzofuran |
57117-44-9 |
3 |
19n. |
2,3,4,6,7,8-Hexachlorodibenzofuran |
60851-34-5 |
3 |
19o. |
1,2,3,4,6,7,8-Heptachlorodibenzofuran |
67562-39-4 |
3 |
19p. |
1,2,3,4,7,8,9-Heptachlorodibenzofuran |
55673-89-7 |
3 |
19q. |
Octachlorodibenzofuran |
39001-02-0 |
3 |
20. |
Epichlorohydrin |
106-89-8 |
1 |
21. |
Ethylbenzene |
100-41-4 |
1 |
22. |
Ethylene Oxide |
75-21-8 |
1 |
23. |
Formaldehyde |
50-00-0 |
1,5 |
24. |
Hexachlorobenzene |
118-74-1 |
3 |
25. |
Hexavalent Chromium compounds |
** |
1 |
26. |
Hydrochloric acid |
7647-01-0 |
1 |
27. |
Lead10,11 |
** |
1 |
28. |
Manganese12 |
** |
1 |
29. |
Mercury13 |
** |
1,2 |
30. |
Methanol |
67-56-1 |
1,5 |
31. |
Nickel14 |
** |
1 |
32. |
Phenol15 |
108-95-2 |
1 |
33. |
p,p'-methylenebis (2-chloroaniline) |
101-14-4 |
1 |
34. |
Selenium16 |
** |
1 |
35. |
Silver17 |
** |
1 |
36. |
Styrene Oxide |
96-09-3 |
1 |
37a. |
Sulphuric acid |
7664-93-9 |
1 |
37b. |
Dimethyl sulphate |
77-78-1 |
1 |
37c. |
Diethyl sulphate |
64-67-5 |
1 |
38. |
Tetrachloroethylene |
127-18-4 |
1 |
39. |
Thorium Dioxide |
1314-20-1 |
1 |
40. |
Toluene |
108-88-3 |
1,5 |
41a. |
Acenaphthene |
83-32-9 |
2 |
41b. |
Acenaphthylene |
208-96-8 |
2 |
41c. |
Anthracene |
120-12-7 |
1 |
41d. |
Benzo(a)anthracene |
56-55-3 |
2 |
41e. |
Benzo(a)phenanthrene |
218-01-9 |
2 |
41f. |
Benzo(a)pyrene |
50-32-8 |
2 |
41g. |
Benzo(b)fluoranthene |
205-99-2 |
2 |
41h. |
Benzo(e)pyrene |
192-97-2 |
2 |
41i. |
Benzo(g,h,i)perylene |
191-24-2 |
2 |
41j. |
Benzo(j)fluoranthene |
205-82-3 |
2 |
41k. |
Benzo(k)fluoranthene |
207-08-9 |
2 |
41l. |
Dibenzo(a,j)acridine |
224-42-0 |
2 |
41m. |
Dibenzo(a,h)acridine |
226-36-8 |
2 |
41n. |
Dibenzo(a,h)anthracene |
53-70-3 |
2 |
41o. |
Dibenzo(a,e)fluoranthene |
5385-75-1 |
2 |
41p. |
Dibenzo(a,e)pyrene |
192-65-4 |
2 |
41q. |
Dibenzo(a,h)pyrene |
189-64-0 |
2 |
41r. |
Dibenzo(a,i)pyrene |
189-55-9 |
2 |
41s. |
Dibenzo(a,1)pyrene |
191-30-0 |
2 |
41t. |
7H-Dibenzo(c,g)carbazole |
194-59-2 |
2 |
41u. |
7,12-Dimethylbenz(a)anthracene |
57-97-6 |
2 |
41v. |
Fluoranthene |
206-44-0 |
2 |
41w. |
Fluorene |
86-73-7 |
2 |
41x. |
Indeno(1,2,3-c,d)pyrene |
193-39-5 |
2 |
41y. |
3-Methylcholanthrene |
56-49-5 |
2 |
41z. |
5-Methylchrysene |
3697-24-3 |
2 |
41aa. |
Naphthalene |
91-20-3 |
1 |
41ab. |
1-Nitropyrene |
5522-43-0 |
2 |
41ac. |
Perylene |
198-55-0 |
2 |
41ad. |
Phenanthrene |
85-01-8 |
2 |
41ae. |
Pyrene |
129-00-0 |
2 |
42. |
Trichloroethylene |
79-01-6 |
1 |
43. |
Triethylamine |
121-44-8 |
1 |
44. |
Vanadium18 |
7440-62-2 |
1 |
45. |
Vinyl Chloride |
75-01-4 |
1 |
46. |
Xylene19 |
1330-20-7 |
1, 5 |
47. |
Zinc20 |
** |
1 |
Notes to Table A:
** no single CAS number applies to this substance
1 fume or dust
2 and its compounds
3 and its compounds
4 friable form
5 and its compounds
6 and its compounds, except hexavalent chromium compounds
7 and its compounds
8 and its compounds
9 ionic
10 and its compounds, except tetraethyl lead (CAS No. 78-00-2)
11 does not include lead (and its compounds) contained in stainless steel, brass or bronze alloys.
12 and its compounds
13 and its compounds
14 and its compounds
15 and its salts. The CAS Number corresponds to the weak acid or base. However, this substance includes the salts of these weak acids and bases. When calculating the weight of these substances and their salts, use the molecular weight of the acid or base, not the total weight of the salt.
16 and its compounds
17 and its compounds
18 (except when in an alloy) and its compounds
19 all isomers, including the individual isomers of xylene: m-xylene (CAS No. 108-38-3), o-xylene (CAS No. 95-47-6) and p-xylene (CAS No. 106-42-3)
20 and its compounds
NOTE: A footnote that qualifies the listing of a toxic substance in this Table is the same footnote that qualifies its listing in Schedule 1 to the NPRI Notice.