Ontario ‘Toxics’ Act and Regulation Take Effect
Various hazardous substances pose a threat to human health and safety as well as the environment. So in June 2009, the Ontario government passed the Toxics Reduction Act, 2009 to reduce the use and creation of so-called “toxics.” The government also released a regulation to implement the Act. Both the Act and the regulation took effect on Jan. 1, 2010. Here are the highlights of these new laws.
THE ACT & REGULATION
Who Act & Regulation Apply to: The Act and regulation apply to facilities in the manufacturing and mineral processing sectors (excluding physical extraction, crushing or grinding) that are required to report to the National Pollutant Release Inventory (NPRI) and to the Ontario Ministry of the Environment (MOE) under a regulation on acetone. These facilities must also employ a certain number of workers and use or create specified toxics in amounts that exceed the designated threshold. The new laws are expected to affect approximately 2,000 facilities.
What Substances Act & Regulation Cover: The regulation’s accounting, reporting and planning requirements are being rolled out in two phases:
- Phase one: applies to facilities using or creating any of the 47 priority substances identified in Table A of the regulation, including arsenic, benzene and chlorine; and
- Phase two: would occur in two years and cover facilities using any of the rest of the NPRI substances.
What Act & Regulation Say: Owners and operators of facilities covered by the new laws must do three key things:
Track and quantify the toxic substances they use, create and release. The first report on the use, creation and release of priority toxic substances from regulated facilities covers the 2010 calendar year and is due by June 1, 2011. Thereafter, annual reports will be due June 1 of the subsequent year.
Develop toxic substance reduction plans. After preparing their first reports, regulated facilities must develop toxic substance reduction plans by Dec. 31, 2011, which include, among other things:
- A statement that the facility owner or operator intends to reduce the use or creation of toxic substances at the facility;
- The plan’s objectives, including any targets for reduction of the use or creation of toxic substances at the facility;
- A description of each process at the facility that uses or creates toxic substances;
- An analysis of options considered for reducing the use or creation of toxic substances; and
- A statement identifying and describing the options to be implemented.
The plan must be certified by the highest ranking employee at the facility with management responsibilities for that facility. Facilities must also make summaries of their plans available to the public. In addition, facilities must review their plans in 2018 or every five years after they’re developed.
Report their progress in reducing toxic substances. The annual reports facilities must submit to the MOE every June 1 noted above must contain similar information to what’s required in the toxic substance reduction plan summaries.
ANALYSIS
Many companies in Ontario are already reporting their use of certain toxic substances to the NPRI. The Toxics Reduction Act, 2009 and regulation go beyond mere reporting by requiring companies to develop and implement plans to reduce their use and creation of these substances. In addition, the new law requires companies to report their progress under these plans to the government—and the public. This increased scrutiny may be exactly what’s needed to motivate Ontario companies to find alternatives to the toxic substances they’ve gotten to used to creating and using.
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