1 / 58

14/11/04

14/11/04. Canadian Environmental Protection Act 1999, c. 33 “ An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development” [Assented to 14th September, 1999]

devin
Download Presentation

14/11/04

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 14/11/04

  2. Canadian Environmental Protection Act 1999, c. 33 “An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development” [Assented to 14th September, 1999] http://laws.justice.gc.ca/en/C-15.31/index.html

  3. ADMINISTRATIVE DUTIES Duties of the Government of Canada 2. (1) In the administration of this Act, the Government of Canada shall, having regard to the Constitution and laws of Canada and subject to subsection (1.1), (a) exercise its powers in a manner that protects the environment and human health, applies the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation, and promotes and reinforces enforceable pollution prevention approaches;

  4. (a.1) take preventive and remedial measures to protect, enhance and restore the environment; (b) take the necessity of protecting the environment into account in making social and economic decisions; (c) implement an ecosystem approach that considers the unique and fundamental characteristics of ecosystems; (d) endeavour to act in cooperation with governments to protect the environment; (e) encourage the participation of the people of Canada in the making of decisions that affect the environment;

  5. (f) facilitate the protection of the environment by the people of Canada; (g) establish nationally consistent standards of environmental quality; (h) provide information to the people of Canada on the state of the Canadian environment; (i) apply knowledge, including traditional aboriginal knowledge, science and technology, to identify and resolve environmental problems; (j) protect the environment, including its biological diversity, and human health, from the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;

  6. (j.1) protect the environment, including its biological diversity, and human health, by ensuring the safe and effective use of biotechnology; (k) endeavour to act expeditiously and diligently to assess whether existing substances or those new to Canada are toxic or capable of becoming toxic and assess the risk that such substances pose to the environment and human life and health; (l) endeavour to act with regard to the intent of intergovernmental agreements and arrangements entered into for the purpose of achieving the highest level of environmental quality throughout Canada;

  7. (m) ensure, to the extent that is reasonably possible, that all areas of federal regulation for the protection of the environment and human health are addressed in a complementary manner in order to avoid duplication and to provide effective and comprehensive protection; (n) endeavour to exercise its powers to require the provision of information in a coordinated manner; and (o) apply and enforce this Act in a fair, predictable and consistent manner.

  8. What is the Domestic Substances List (DSL)? • Substances that were between January 1, 1984 and December 31, 1986 • manufactured in Canada (> 100 kg) • imported in Canada (> 100 kg) • in Canadian commerce or used for commercial manufacturing purposes in Canada

  9. The DSL is the sole standard against which a substance is judged to be "new” to Canada. • All substances not on this list are considered new and must be reported prior to importation or manufacture in order that they can be assessed to determine if they are toxic or could become toxic to the environment or human health. • Substances not appearing on the DSL are considered to be new to Canada and are subject to notification.

  10. Domestic Substances List • 23,000 substances • simple organic chemicals • pigments • organometallic compounds • surfactants • polymers • metal elements • metal salts and other inorganic substances • substances of Unknown or Variable Composition, complex reaction products, or Biological materials (UVCBs)

  11. UVCBs 20% Organics Polymers 50% 18% Other Substances Inorganics 2% 10% Types of Substances on the Domestic Substances List

  12. Formulation Component 14% Other Industrial uses 32% Fragrance/Perfume / Deodorizer / Flavouring Agent 14% Chemical Intermediate 4% Polymers Paint / Coating 11% Additive Colourant - Pigments / Other 4% Stain / Dye / Ink Surfactant/Detergent 6% 10% 5% Reported Use Patterns for DSL Substances

  13. Environmental Categorization and Screening of the Canadian Domestic Substances List Part V of Bill C-32 requires the Ministers of Environment and Health to “categorize the substances on the Domestic Substances List (DSL) for the purpose of identifying the substances that, (a) may present to individuals in Canada, the greatest potential for exposure; or (b) are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to human beings or to non- human organisms, as determined by laboratory or other studies.”

  14. Categorization of Substances on the DSL: Operational Approach DOMESTIC SUBSTANCES LIST ENVIRONMENT CANADA HEALTH CANADA Persistent OR Bioaccumulative: According to regulations Greatest Potential for Human Exposure HEALTH CANADA ENVIRONMENT CANADA Persistent OR Bioaccumulative and “Inherently Toxic” to non-Human Organisms Persistent OR Bioaccumulative and “Inherently Toxic” to Humans SCREENING LEVEL RISK ASSESSMENT

  15. CEPA Framework for Evaluating DSL Chemicals Substances on the DSL Persistent and or Inherently Toxic PHASE 1: Bioaccumulative no Categorization No further action under this Yes program PHASE 2: Is the Substance a Screening Assessment Screening level Track 1 Substance? risk assessment Add to the Priority Add to Schedule 1 No Further Action Substances List for Outcomes List of Toxic Substances for at this Time Further Assessment Possible Regulatory Actions

  16. Criteria for Persistence* Medium Half-Life Air > 2 days Water > 6 months Sediment > 1 year Soil > 6 months * A substance is considered persistent when the criterion is met for any one medium

  17. Criteria for Bioaccumulation* Parameter Value Bioaccumulation Factor BAF > 5,000 Bioconcentration Factor BCF > 5,000 Octanol - Water Partition log KOW> 5 Coefficient * - BAF is better than BCF is better than KOW

  18. “inherent Toxicity” • iT is the “hazard a substance presents to the environment” • iT can be represented by the toxic effect caused by a substance that has not been masked or mitigated by some factor or parameter; that is, the toxicity found in a study (or predicted) due solely to the test substance • iT is a judgement - based evaluation of a chemical’s impact on • the environment • a ranking approach is proposed to categorize substances with • respect to iT

  19. How is inherently toxic (iT) defined? • No agreed upon definition exists • CEPA definition of “toxic”, risk-based • CEPA 99 requires categorization of substances against “inherently toxic” (hazard) • Proposed iT criteria for non-human organisms (Environment Canada) • aquatic acute effects levels of < 1 mg/L • above 1 mg/L professional judgment considering other factors (e.g. molecular weight, metabolism...) • log Kow > 6 (consideration of effects to wildlife)

  20. CEPA Framework for Evaluating DSL Chemicals Substances on the DSL Persistent and or Inherently Toxic PHASE 1: Bioaccumulative no Categorization No further action under this Yes program PHASE 2: Is the Substance a Screening Assessment Screening level Track 1 Substance? risk assessment Add to the Priority Add to Schedule 1 No Further Action Substances List for Outcomes List of Toxic Substances for at this Time Further Assessment Possible Regulatory Actions

  21. “CEPA - Toxic” (Section 64, CEPA 1999). For the purposes of this Part and Part 6, except where the expression "inherently toxic" appears, a substance is “toxic” if it is entering or may enter the environment in a quantity or concentration or under conditions (a) having or that may have an immediate or long-term harmful effect on the environment; (b) constituting or that may constitute a danger to the environment on which human life depends; (c) constituting or that may constitute a danger in Canada to human life or health

  22. What is the Priority Substances List (PSL)? • substances to be assessed on a priority basis to determine whether they are toxic (as defined under Section 64 of the Act) and pose a significant risk to the health of Canadians or to the environment.

  23. PSL 1 (February 1994) Benzene Benzidine Bis (2-ethylhexyl) phthalate Bis (chloromethyl) ether Chlorinated wastewater effluents Chloromethyl methyl ether Creosote-contaminated sites 3,3'-Dichlorobenzidine 1,2-Dichloroethane Dichloromethane Effluents from pulp mills using bleaching Hexachlorobenzene Hexavalent chromium compounds

  24. Inorganic arsenic compounds Inorganic cadmium compounds Inorganic fluorides Oxidic, sulphidic and soluble, inorganic nickel compounds Polychlorinated dibenzodioxins Polychlorinated dibenzofurans Polycyclic aromatic hydrocarbons Refractory ceramic fibres Short chain chlorinated paraffins Tetrachloroethylene 1,1,1-Trichloroethane Trichloroethylene

  25. Aniline Bis (2-chloroethyl) ether Chlorobenzene Dibutyl phthalate Di-n-octyl phthalate 1,2-Dichlorobenzene 1,4-Dichlorobenzene 3,5-Dimethylaniline Methyl tertiary butyl ether Methyl methacrylate Organotin compounds (non-pesticidal) Pentachlorobenzene Styrene Tetrachlorobenzenes 1,1,2,2-Tetrachloroethane Toluene Trichlorobenzenes Waste crankcase oils Xylenes

  26. PSL2 (December 1995) Acetaldehyde Acrolein Acrylonitrile Aluminum chloride, aluminum nitrate, aluminum sulphate Ammonia in the aquatic environment 1,3-Butadiene Butylbenzylphthalate Carbon disulphide Chloramines Chloroform N,N-Dimethylformamide Ethylene glycol Ethylene oxide Formaldehyde Hexachlorobutadiene 2-Methoxy ethanol, 2-ethoxy ethanol, 2-butoxy ethanol N-Nitrosodimethylamine

  27. Nonylphenol and its ethoxylates Phenol Releases from primary and secondary copper smelters and copper refineries Releases from primary and secondary zinc smelters and zinc refineries Releases of radionuclides from nuclear facilities (impacts on non-human species) Respirable particulate matter less than or equal to 10 microns Road salts Textile mill effluents

  28. List of Toxic Substances (LTS) 90. (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to the List of Toxic Substances in Schedule 1. 1999, c. 33, Sch. 1; SOR/2000-109; SOR/2001-1, 147; Canada Gazette Part II, err.(F), Volume 135, page 382.

  29. List of Toxic Substances Benzene Benzidine Bis (2-ethylhexyl) phthalate Bis (chloromethyl) ether Chlorinated wastewater effluents Chloromethyl methyl ether Creosote-contaminated sites 3,3'-Dichlorobenzidine 1,2-Dichloroethane Dichloromethane Effluents from pulp mills using bleaching Hexachlorobenzene Hexavalent chromium compounds

  30. Inorganic arsenic compounds Inorganic cadmium compounds Inorganic fluorides Oxidic, sulphidic and soluble, inorganic nickel compounds Polychlorinated dibenzodioxins Polychlorinated dibenzofurans Polycyclic aromatic hydrocarbons Refractory ceramic fibres Short chain chlorinated paraffins Tetrachloroethylene 1,1,1-Trichloroethane Trichloroethylene

  31. LIST OF TOXIC SUBSTANCES Chlorobiphenyls that have the molecular formula C12H(10-n)Cln in which "n" is greater than 2 Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which "n" is greater than 2 Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula CnClxF(2n+2-x) Polychlorinated Terphenyls that have a molecular formula C18H(14-n)Cln in which "n" is greater than 2 Asbestos Lead Mercury Vinyl Chloride Bromochlorodifluoromethane that has the molecular formula CF2BrCl Bromotrifluoromethane that has the molecular formula CF3Br Dibromotetrafluoroethane that has the molecular formula C2F4Br2

  32. Fuel containing toxic substances that are dangerous goods within the meaning of section 2 of the Transportation of Dangerous Goods Act, 1992 and that (a) are neither normal components of the fuel nor additives designed to improve the characteristics or the performance of the fuel; or (b) are normal components of the fuel or additives designed to improve the characteristics or performance of the fuel, but are present in quantities or concentrations greater than those generally accepted by industry standards. Dibenzo-para-dioxin that has the molecular formula C12H8O2 Dibenzofuran that has the molecular formula C12H8O Polychlorinated dibenzo-para-dioxins that have the molecular formula C12H(8-n)ClnO2 in which "n" is greater than 2 Polychlorinated dibenzofurans that have the molecular formula C12H(8-n)ClnO in which "n" is greater than 2 Tetrachloromethane (carbon tetrachloride, CCl4) 1,1,1-trichloroethane (methyl chloroform, CCl3-CH3) Bromofluorocarbons other than those set out in items 10 to 12

  33. Hydrobromofluorocarbons that have the molecular formula CnHxFyBr(2n+2-x-y) in which 0<n<3 Methyl Bromide Bis(chloromethyl) ether that has the molecular formula C2H4Cl2O Chloromethyl methyl ether that has the molecular formula C2H5ClO Hydrochlorofluorocarbons that have the molecular formula CnHxFyCl(2n+2-x-y) in which 0<n<3 Benzene that has the molecular formula C6H6 (4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oxime that has the molecular formula C17H15ClN2O3 Inorganic arsenic compounds Benzidine Bis(2-ethylhexyl)phthalate Inorganic cadmium compounds Chlorinated wastewater effluents Hexavalent chromium compounds Creosote-impregnated waste materials from creosote-contaminated sites 3,3'-Dichlorobenzidine

  34. 1,2-Dichloroethane Dichloromethane Effluents from pulp mills using bleaching Hexachlorobenzene Inorganic fluorides Refractory ceramic fibre Oxidic, sulphidic and soluble inorganic nickel compounds Polycyclic aromatic hydrocarbons Tetrachloroethylene Trichloroethylene Tributyltetradecylphosphonium chloride that has the molecular formula C26H56P-C1 Bromochloromethane, that has the molecular formula CH2BrCl Acetaldehyde, which has the molecular formula C2H4O 1,3-Butadiene, which has the molecular formula C4H6 Acrylonitrile, which has the molecular formula C3H3N Respirable particulate matter less than or equal to 10 microns Acrolein, which has the molecular formula C3H4O

  35. Track 1 : Virtual Elimination 65. (1) In this Part, "virtual elimination" means, in respect of a toxic substance released into the environment as a result of human activity, the ultimate reduction of the quantity or concentration of the substance in the release below the level of quantification specified by the Ministers in the List referred to in subsection (2). (2) The Ministers shall compile a list to be known as the Virtual Elimination List, and the List shall specify the level of quantification for each substance on the List. (3)..

  36. (3) When the level of quantification for a substance has been specified on the List referred to in subsection(2), the Ministers shall prescribe the quantity or concentration of the substance that may be released into the environment either alone or in combination with any other substance from any source or type of source, and, in doing so, shall take into account any factor or information provided for in section 91, including, but not limited to, environmental or health risks and any other relevant social, economic or technical matters.

  37. Enforcement tools warnings to indicate the existence of a violation, in order that the alleged offender can take notice and return to compliance; directions that enforcement officers may issue to deal with or to prevent illegal releases of regulated substances; tickets for offences such as failure to submit written reports; environmental protection compliance orders to put an immediate stop to illegal activity, to prevent a violation from occurring or to require action to be taken; Environmental Protection Alternative Measures; prosecution under the authority of a Crown prosecutor.

  38. Fisheries Act 36 (3) no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.

  39. "deleterious substance" means (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,and without limiting the generality of the foregoing includes

  40. (c) any substance or class of substances prescribed pursuant to paragraph (2)(a), (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c);

  41. BC Waste Management Act Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulations (i) restrictions on AOX releases from the mills (i) restrictions on the toxicity of the effluent (96h LC50) (ii) restrictions on BOD matter released from the mills (iii) restrictions on TSS released from the mills

More Related