Effective January 1, 2010, Ontario facilities that already report to the National Pollutant Release Inventory (NPRI) at the federal level will be required to account for and report their use, creation and releases of 47 priority toxic substances annually to the provincial Ministry of the Environment (MOE). The Ontario Toxics Reduction Act, 2009 (O.Reg 455/09) passed in December 2009 applies to an estimated 2,000 manufacturing and mineral processing facilities. The regulation focuses on reducing the use and creation of toxic substances at the front end of industrial processes. Information gathered under the rule will be made available to the public to facilitate a broader understanding of how toxics are used, what happens to them when they leave the industrial process and what actions facilities are taking to reduce toxics use.

Requirements

Regulated facilities will be required to

• Annually track, account for and report on the use, creation and release of covered toxic substances in the manufacturing process.
• Plan for the reduction of each covered toxic substance.
• Prepare and submit a plan summary.
• Submit annual reports on reduction plan progress.
• Update reduction plans at least every five years.

The regulation also includes provisions for exempting a facility if it consistently falls below the thresholds.

Although MOE has authority to enforce planning and submittal of a toxic substance reduction plan summary, it does not have authority to enforce implementation of the plan.

Timing

The first report on the priority toxic substances from regulated facilities will be due by June 1, 2011 for calendar year 2010. Toxic substance reduction plans must be developed by December 31, 2011. The report for calendar year 2012 will need to include other substances listed in the NPRI that have not been listed as a priority substance in the regulation. Toxic substance reduction plans and summaries for these substances must be submitted to the Ministry by December 31, 2013.

Covered Toxic Chemicals

The requirements to account, report and plan are being rolled out in two phases. The first phase applies to facilities using any of the 47 priority substances that are identified in Table A of the regulation, which includes

• 39 individual substances listed in NPRI Part 1A.
• All of the substances listed in NPRI Parts 1B, 2 and 3.
• Creosote (Part 5 speciated VOC).

It is anticipated that the regulatory requirements will broaden to include more NPRI Part 1A substances in the following years.

Thresholds

The same employee thresholds and reporting criteria set out in the NPRI and O.Reg. 127/01 for acetone apply to the toxic substances rule:

• 10 tonnes for Part 1A substances.
• 50 kilograms for Part 1B substances (mercury, arsenic, lead, Cr (VI), tetraethyl lead, cadmium).
• Specific thresholds for Part 2 PAHs and Part 3 dioxins, furans, and hexachlorobenzene.
• 3 tonnes for acetone.
• 1 tonne for creosote.

About the Authors

Tara Weerasuriya is an environmental scientist at Environmental Resources Management (ERM) in Toronto, Canada. She has more than sixteen years of experience as a geochemist and air specialist. Judy Fedorowick is a senior environmental scientist at ERM in Toronto, Canada. She has more than seventeen years of experience in EHS consulting with a focus on EHS compliance auditing, management systems and due diligence associated with mergers and acquisitions.

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