Ontario s Toxics Reduction Program. Occupational Hygiene Association of Ontario Roundtable

Transcription

1 Ontario s Toxics Reduction Program Occupational Hygiene Association of Ontario Roundtable March 23, 2012

2 Introduction Ontario s Toxics Reduction Program seeks to: Improve the protection of the environment and human health by requiring regulated facilities to account, plan and publicly report on efforts to reduce the use and creation of prescribed toxic substances Inform Ontarians about toxic substances in their communities Help ensure that Ontario is well positioned to compete in an increasingly green global economy 2

3 Toxics Reduction Act and O.Reg 455/09 Overview: REGULATED COMMUNITY Prescribed class of facility Manufacturing and mineral processing Meets criteria for reporting under the National Pollutant Release Inventory and/or O.Reg 127/01 (acetone) TOXIC SUBSTANCE REDUCTION PLAN Review every 5 years and following a significant process change TOXIC SUBSTANCE ACCOUNTING Annual Submitted Electronically PLAN SUMMARY Provided to public Reflects current plan REPORT TO PUBLIC Annual REPORT TO GOV T Annual 3

4 Phased-in Approach Phase I January 1, 2010 June 17, 2011* December 31, 2012 December 31, 2018 The requirements apply to the 47 priority toxic substances and substance groups Provide first annual report to the Ministry and the public (based on 2010 data) Complete a plan for each substance and provide a summary to the Ministry and the public Review and update each plan and provide a summary to the Ministry and the public Phase II January 1, 2012 June 1, 2013 December 31, 2013 December 31, 2018 The requirements apply to all the substances on the current NPRI Notice and acetone Provide first annual report to the Ministry and the public (based on 2012 data) Complete a plan for each substance and provide a summary to the Ministry and the public Review and update each plan and provide a summary to the Ministry and the public *Extension provided due to technical issues with OWNERS 4

5 List of Prescribed Substances Built upon substance lists for National Pollutant Release Inventory (NPRI) and O. Reg 127/01 (Airborne Contaminant Discharge Monitoring and Reporting regulation) Phase I substances are 47 priority substances and substance groups identified by MOE, in consultation with the Minister s Toxic Reduction Scientific Expert Panel, Cancer Care Ontario and the Ministry of Health and Long-Term Care Phase II substances include the remaining substances on the NPRI list and acetone 5

6 Development of the List of Priority Toxic Substances Review 1: Emissions data and hazard scores Review 2: Ministry programs and ambient data Review 3: Priority lists from other jurisdictions and agencies Review 4: Carcinogens - Gap Analysis List A: ~165 NPRI chemicals Ranked high to low List B: ~50 top ranking chemicals List C: ~160 top ranking chemicals List D: 24 carcinogens Consolidation of Lists: List A score + 10% if on List B List A score + 20% if on List C + Add additional carcinogens (List D) Compare to consolidated list Top 47 chemicals 6

7 Living List Under the Toxics Reduction Act, MOE is required to review the lists of prescribed Toxic Substances and Substances of Concern for possible changes including deletions and/or additions, at least once every five years. This process is referred to as the Living List. Consultation on any proposed changes to the lists would be carried out through the EBR Registry and stakeholder consultations. MOE has committed to developing the Living List process with a multi-stakeholder working group. MOE has initiated engagement with stakeholder groups. 7

8 Content of Toxic Substance Reduction Plans Basic facility information Statement of intent to reduce or reasons for not including one Objectives and any optional targets Description of each process Description of how, when, where & why the substance is used or created at the facility Toxic substance accounting info Record containing description of stages of manufacturing/mineral processing operations Process flow diagrams Record of methods used to track and quantify toxic Quantifications used to prepare the plan If applicable, record of explanation of no approximate balance of inputs and outputs Estimate of indirect and direct annual costs associated with toxic Options considered for reduction Consideration of 7 toxic reduction categories stipulated in NPRI or explanation of why no option could be identified Estimate of potential toxics reduction achieved if option were implemented Identification of technically feasible options Analysis of economic feasibility of technically feasible options, including anticipated savings and payback Option(s) to be implemented, or statement that no option(s) are to be implemented For each, a description of implementation steps and timetable For each, a summary of estimated toxics reduction and anticipated timelines for achieving use and creation reductions Recommendations made by toxic substance reduction planner Certifications by highest ranking employee and toxic substance reduction planner 8

9 Content of Toxic Substance Reduction Plan Summaries Basic facility information List of toxic substances at the facility for which a plan is required Objectives and any optional targets Copy of the statement of intent to reduce or reasons for not including one Description of why the substance is used or created at the facility Description of options, estimated reductions and projection of effectiveness Description of options to be implemented or statement that no option is to be implemented. If no option is to be implemented, an explanation of why. For each option to be implemented, the estimated reductions in use, creation, release and contained in product as a result of implementing the option Anticipated timelines for achieving the estimated reductions A projection of how effective the plan will be in meeting the objectives A statement that summary accurately reflects current version of the plan Optional content Actions taken to reduce toxics not identified in the plan Rationale for why options to be implemented were selected Copies of certifications of the plan 9

10 Toxic Substance Reduction Planner Requirement: The owner and operator of the facility must provide a plan to the planner for the purpose of the planner to provide recommendations to improve the plan A plan must be certified by a licensed planner Optional: a licensed planner may facilitate and/or prepare a plan Why: The planner is integral to the credibility of toxic substance reduction planning and the likelihood of plan implementation. 10

11 Toxic Substance Reduction Planners - Role Requirement: The planner makes recommendation on whether improvements could be made to the: expertise relied on to prepare the plan stage descriptions and process flow diagrams as well as the descriptions of when, where and why the substance is used or created data and methods used in Toxic Substance Accounting analysis of input/output balances identification of options reduction estimates prepared for each identified reduction option technical and economic feasibility analyses direct and indirect costs associated with the toxic substance implementation steps and timelines and whether they are likely to be achieved If the planner feels that recommendations cannot be made in any of the categories listed above, he or she must explain the reasons why The facility may choose to revise the plan in light of the planner s recommendations The recommendations and/or rationale must be appended to the plan 11

12 Toxic Substance Reduction Planners Licensing of Planners Requirements: To obtain a licence, an applicant will need to meet all of the following criteria: 1. Meet the education and/or work experience requirements Bachelor degree in a relevant field plus four years of work experience in a related field, or College diploma in a relevant field plus six years of work experience in a related field, or Eight years of work experience in total with a minimum of two years in environmental management and two years in operational activities. 2. Take a Ministry-approved training course 3. Pass a Ministry-approved exam 4. Pay a fee Relevant fields of study include: biology, business administration, chemistry, engineering, environmental management, environmental science, environmental technology, geology, metallurgy, mineral processing, occupational health and safety, physics, quality control, toxicology or a field that in the opinion of a Director is equivalent 12

13 Toxic Substance Reduction Planners Related work experience: Environmental management includes: Compliance with environmental regulations Pollution prevention and environmental management systems development and implementation NPRI reporting Operational activities in a manufacturing or mineral processing setting Business administration - Planning Engineering - Process control Industrial design - Quality Control Management - Research and Development Occupational health and safety Refer to ministry website for information on qualifications, course dates and locations, fees and resources or send an with Planner in the subject line to toxics.reduction@ontario.ca to be added to our mailing list. 13

14 Toxic Substance Reduction Planners Renewal of Planner Licence Requirements: A planner licence will be valid for five years and can be renewed if a planner: Meets the continuing education requirements (obtains 60 credits over 5 years) Credits obtained in relevant fields of study/operation areas and relate to functions of a planner. The following conditions apply: o At least 30 credits (i.e., 30 hours) from attending a course o One credit for each hour engaged in teaching and presentations o Two credits for each written and published article (up to a maximum of 10 credits) o Five credits for preparing a plan or performing one or more functions of a planner (maximum of five credits per plan) Pay a fee The Ministry may refuse to issue or renew a licence in certain circumstances, and also has the authority to suspend or revoke licences. Licence applicants are able to appeal the Ministry s decision 14

15 Contents of Annual Reports Content of Report First report to Government (pre-plan) Second report to Government (only for 2011 calendar year) Reported in June All subsequent reports (post plan) Public Information Basic facility information Similar info, except no business number and contact info only for the public contact List of toxic substances at the facility Same information 15 Indication of changes in non-routine events Summarize tracking and quantification Facility-wide quantities, used, created, contained in product, released, disposed of, transferred Indication of changes in methods Comparison of tracking and quantification to previous reporting period Reasons for changes from previous year No information on nonroutine events Similar info except: Used, created, contained in product expressed in ranges No information on methods Summary only of the reasons for changes from previous year

16 Contents of Annual Reports continued Content of Report First report to Government (for 2010 calendar year) Second report to Government (for 2011 calendar year) Reported in June 2012 All subsequent reports Public Information 16 Describe steps taken to achieve objectives and assess effectiveness Include objectives and any targets Include estimate of toxics reduction achieved Difference between steps taken and those in the plan and indication of whether timetable for steps will be met Indication of significant process changes Optional Actions taken to reduce toxics not identified in the plan and estimate of toxics reduction achieved Describe amendments to the plan Certification by highestranking employee Similar info except: Summary only of estimated toxics reduction achieved, steps taken and the difference between steps taken and those set out in the plan No information on significant process changes Summary only Summary only Same information 16

17 What s Next Technical guidance documents for facilities Ontario s Toxics Reduction Act: A Guide for Regulated Facilities Jurisdictional Review of Safer Chemical Alternatives Reference Tool for Assessing Safer Chemical Alternatives Toolkit for Toxic Substance Reduction Planning Toolkit for Reporting Examples of Toxic Substance Reduction Plans Sample plans and plan summaries Training course and licensing program for the toxic substance reduction planners 17

18 For Further Information Toxics Reduction Act, 2009: Ontario Regulation 455/09: To receive updates and notifications related to the Toxics Reduction Act, 2009 and O. Reg.455/09, please subscribe to our newsletter at m For general information on the act and regulation you may contact the Ministry s Public Information Centre at or in Toronto at or pic .moe@ontario.ca. 18