The Ontario Toxics Reduction Program CIPHI 2013 September 16, 2013
Presentation Overview Overview of the Toxics Reduction Program Role of government, industry, public, health, NGOs Early results Next steps 2
Toxics Reduction Program Drivers: Increased public awareness of toxics; pressure on government to act Poor environmental record; Ontario has the highest releases of toxics in Canada, one of the highest in North America; toxics cause significant human health and environmental damage Ontario industries: release the fourth largest amount of recognized developmental and reproductive toxicants in North America, release the fourth largest amount of known and suspected carcinogens in North America Economic impacts on Ontario; global shifts towards sustainable lifestyles/manufacturing and less harmful products and services meant Ontario industries could either flourish or ail 3
Toxics Reduction Program continued Approach to Achieve Success: A modern regulatory approach to environmental management Integrate flexible, framework legislation with stimulating programming, public transparency, education and reporting to promote toxics reduction (compliance alone would not yield success) Shift focus from end-of-pipe pollution controls to up front sustainable, holistic planning Create an environment in which industry voluntarily implements toxics reduction plans to meet business needs and consumer demands the gentle nudge approach Create incentives for investment in green solutions and global exports; drive innovative technologies and safer alternatives for a greener economy. An informed public drives transition to safer chemical use and products 4
The Ontario Toxics Reduction Program Inform Ontarians Reduce Toxics Releases: Protect the Environment and Human Health Support Industry and the Green Economy Pollution Probe Primer CPCHE Video & Fact sheets Web site: data, Interactive map, Minister s Annual Report Residents web site Toxics Reduction Act and Regulation Facilities account and report annually on toxics & carcinogen use/creation/discharge & plan implementation; Plan & review Planners certify plans & make recommendations for improvements Planners Licensing Program Compliance promotion & enforcement Living List public and expert input Technical Toolkits & Training Sessions CME/BLOOM Site specific training & financial support Two University Chairs in Green Chemistry & Eng. GreenCentre Canada Recognition Awards 5
Toxics Reduction Act Overview of Key Requirements Toxic Substances: All NPRI substances listed in the current NPRI Notice plus acetone (O. Reg. 127/01) 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 in 2018 and every 5 years after and if a significant process change occurs TOXIC SUBSTANCE ACCOUNTING Annual Submitted Electronically PLAN SUMMARY Provided to public Reflects current plan REPORT TO PUBLIC Annual REPORT TO GOV T Annual
Together We Can Achieve Success Roles: Government: Act and regulation; program design and implementation; compliance promotion and enforcement; Planner training and licensing; Living List implementation; communication Industry: assess opportunities for toxics reduction; develop and voluntarily implement plans; account for toxics used/created/discharged; report to the public on progress Public: become informed about risks and benefits of toxics, use and creation of toxics in communities; persuade industry to reduce use/creation of toxics Health Professionals: trusted source of information on health, protective measures; advise government on changes to substances 7
Publicly Available Resources Canadian Partnership for Children s Health and the Environment Video Brochure Resources for professionals http://www.healthyenvironmentforkids.ca/ Pollution Probe Primer http://www.pollutionprobe.org/whatwedo/chemicals/toxicsprimer/ Ministry of the Environment Residents web site http://www.ene.gov.on.ca/environment/en/residents/toxic_substances /index.htm 8
Prescribed List of Toxic Substances Development of Lists: MOE worked with the Minister s Toxics Reduction Scientific Expert Panel (Expert Panel) to: Determine substances that could be captured by the TRA and to prioritize substances for phase 1 implementation. o o NPRI and MOE Reg 127/01 (acetone) used as starting points since they provided readily available information regarding substances of environmental or human health concern. Phase 1 priorities identified through relative ranking of substances on List of Toxics» Focus on high volume discharges in Ontario and hazard ranking tools + consideration of other information (from ministry programs; other jurisdictions; carcinogens) 9
Process to Prioritize Substances for Phase 1 National Pollutant Release Inventory 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: 25 top ranking chemicals List C: 155 top ranking chemicals List D: 24 carcinogens Consolidation of Lists: List A score + 10% if on List B List A + List B score + 20% if on List C (Top ranked 34 chemicals) + Add additional carcinogens (List D) (13 chemicals) Compare to consolidated list Top 47 chemicals 10
Living List Legislated Requirement: for Living List Under the Act, the Minister is required to review the List of Toxics for possible changes at least once every 5 years. Legislation does not state how the Minister will review. Requires the Minister to consult with experts and the public. Living List will provide the opportunity to address Ontario-specific concerns MOE is committed to an open and transparent process for making changes (addition, deletion, changes) to the prescribed lists of substances 11
Developing the Living List Framework Multi-stakeholder Working Group: The Ministry formed a Multi-stakeholder Working Group to provide recommendations to the Ministry regarding the Living List framework: should a substance be regulated under the Toxics Reduction Act: how could stakeholders be engaged what criteria may be applied. Co-chaired by industry and ENGO/labour/health; MOE provided secretariat Membership: 20 organizations representing industry, ENGOs, labour, health Status: Group held 7 full and 3 sub group meetings beginning July 2012 Finalizing recommendations Ministry will post proposed framework on EBR for public comment 12
Public Data Facilities are required to post to the internet copies of the public data in the annual reports; plan summaries used, created, contained in product, released, disposed, transferred plan implementation Phase I reports for ~800 facilities, 47 substances/groups: 2010, 2011, 2012 Phase II reports for ~1000 facilities, 360 substances/groups: 2011 Plan summaries: ~ 650 facilities submitted in 2012 based on 2011 data The ministry has posted to its web site the 2010 public annual reports submitted in June 2011. June 2012 reports on the 2011 data and plan summaries to be posted soon. Recall that data produced under the TRA has been generated by methods of varying accuracy, reproducibility and reported by each facility. Purpose of data: trending, baseline for toxics reduction planning and implementation, public information 13
Posting Data Online (http://www.ene.gov.on.ca/environment/en/mapping/trais/index.htm) 14
Program Update Annual Report Submissions Annual Reports are due by June 1 st on previous year s information Approx. 800 facilities reported for the 2010 and 2011 reporting years Most facilities reported on 5 or fewer Phase I substances Top substances reported: Metals Manganese Zinc Copper Solvents Toluene Xylene Methanol 47% 2011 TRA Regulated Facilities Breakdown by Facility Size 9% 500+ 101-499 <100 Regulated facilities are in manufacturing and mineral processing sectors 44%
Next Steps Technical training sessions planned for Fall in preparation for Phase II plans due by December 31, 2013 Providing additional training for licensing Toxics Reduction Planners Continue compliance activities to ensure facilities are aware of their responsibilities and in compliance Posting 2011 public data from annual reports and plan summaries on the ministry website Public consultation on the Living List Framework 16
Appendix 1: Data Highlights Top 10 Most Commonly Used Top 10 Most Commonly Created Substance Tonnes Substance Tonnes Hydrochloric acid 3,862,400 Chromium (and its compounds) 1,653,700 Nickel (and its compounds) 1,502,700 Zinc (and its compounds) 1,051,200 Benzene 486,400 Copper (and its compounds) 462,600 SVOC - Acetylene 400,000 Manganese (and its compounds) 393,850 Toluene 289,100 Methanol 267,750 Sulphuric acid 850,500 Toluene 516,200 Xylene (all isomers) 467,800 Ethylbenzene 445,200 SVOC - Propane 400,000 SVOC - Acetylene 400,000 Benzene 279,150 SVOC - Methanol 109,800 SVOC - Ethyl Alcohol 106,350 1,3-Butadiene 90,750 17
Appendix 1: Data Highlights continued Top 10 Contained in Product Top 10 Recycled Substance Tonnes Substance Tonnes Chromium (and its compounds) 1,627,050 Nickel (and its compounds) 1,441,900 Zinc (and its compounds) 978,050 Sulphuric acid 857,200 Toluene 843,900 Xylene (all isomers) 739,550 Benzene 488,650 Copper (and its compounds) 434,600 Manganese (and its compounds) 347,650 1,3-Butadiene 182,200 Zinc (and its compounds) 108,700 Cobalt (and its compounds) 80,050 Vanadium (and its compounds) 80,000 Copper (and its compounds) 57,800 Sulphuric acid 32,950 Manganese (and its compounds) 17,650 Chromium (and its compounds) 6,400 Lead (and its compounds) 4,400 Nickel (and its compounds) 3,600 Xylene (all isomers) 2,150 18
Appendix 1: Data Highlights continued Top 10 Releases to Air Top 10 Releases to Land Top 10 Release to Water Substance Tonnes Methanol 84,600 Ethyl Alcohol 10,900 Sulphuric acid 1,650 n-hexane 1,450 Heptane (all isomers) 1,150 Xylene (all isomers) 1,150 Methyl ethyl ketone 1,000 Toluene 950 Ethyl acetate 850 Substance Tonnes Chromium (and its compounds) 100 Manganese (and its compounds) 50 Zinc (and its compounds) 25 Vanadium (and its compounds) 5 Copper (and its compounds) 4 Arsenic (and its compounds) 3 Nickel (and its compounds) 2 Cobalt (and its compounds) 1 Lead (and its compounds) 0.5 Substance Tonnes Manganese (and its compounds) 150 Methanol 100 Phenol (and its salts) 100 Chlorine 50 Sulphuric acid 17 Zinc (and its compounds) 12 Nickel (and its compounds) 8 Copper (and its compounds) 7 Selenium (and its compounds) 3 Hexane (excl. n-hexane) 750 Hydrochloric acid 0.1 Lead (and its compounds) 2 19