Are There NPRI Changes in The Making?

Reviewing The National Pollutant Release Inventory (NPRI) list has become increasingly important for many Ontario companies as they prepare their Toxic Substance Reduction Plans (TSRP).  As you know, your TSRP is based on your (prior year) reportable NPRI toxic substances.

If Environment Canada’s proposals are approved, the NPRI list may have some changes in the near future that may affect your future reporting.

Here is a brief overview of some of the potential NPRI changes:

Proposed Reporting Threshold Changes

• Acrylonitrile:  From 10 tonnes to 1 tonne/reporting year.

• Particulate Matter:  If the reporting threshold for any one of the three PM fractions (total PM, PM 10 or PM 2.5) is met, then all three fractions would have to be reported.

• Toluene Diisocyanates (2,6-toluene diisocyanate, 2,4-toluene diisocycanate and mixtures of 2,6-toluene diisocyanate and 2,4-toluene diisocycanate):  from 10 tonnes to 100 kg/reporting year and concentration threshold from 1% to .01% by weight.

Proposed Additions

• Part 1 Additions
  • 2,2-bis (Bromomethyl) – 1,3 propanediol
  • Glycidol
  • Methyleugenol
  • Nitromethane
  • Phenolphthalein
  • Tetrafluoroethylene
• Part 2 Additions
• • 1,6-Dinitropyrene
  • 1,8-Dinitropyrene
  • 6-Nitrochrysene
  • 4-Nitropyrene

Finally, Environment Canada is considering a change in reporting requirement for chemicals related to the oil and gas sector, and a proposal to add Naphthenic Acids (associated with oil sands).

For Ontario companies, remember the deadline for Phase II TSRP reporting is December 31, 2013.   For more information about the TSRP, see our Environmental Minute.  If you have questions about preparing your TSRP, contact Andrew Tymec (Licensed Toxic Substance Reduction Planner) atymec@dragun.com at 519-979-7300.

Best Management Practices: Excess Soils

The Ontario Ministry of the Environment (MOE) has provided a Best Management Practices (BMP) Document for addressing excess soils.  The draft document, “Soil Management – A Guide For Best Management Practices” was made available in November 2012.
http://www.downloads.ene.gov.on.ca/envision/env_reg/er/documents/2012/011-7523.pdf

This is a BMP guidance document – all Ontario environmental regulatory requirements are still applicable.

The purpose of the document, according to the MOE, is “to provide guidance and outline best management practices for the management of excess soils generated from redevelopment and construction projects.”

The MOE is suggesting the use of a Qualified Person (QP) as defined in O.Reg. 153/04 to assist in the development of soil management plans.  Some of the recommendations for “source sites” include the following:

•  Development of a plan that identifies areas to be excavated with detailed instructions to contractors
•  Characterization of soils by a QP
•  Testing of soils for appropriate parameters
•  Documentation of removed soil and that it is appropriate for the receiving site

For commercial fill and other large “receiving sites,” the MOE recommends that the owner “undertake public consultation sufficient to ensure that the local community and land owners are aware of the proposal and have an opportunity to comment on the proposal.”  They also recommend the use of a QP to develop a fill management plan that would include the following:

•  Copies of applicable permits/zoning requirements
•  Appropriate characterization of soil based on the land use/sensitivity, etc…
•  Dust and noise controls
•  Traffic management
•  Record keeping

The draft guidance document provides much more detailed information.

Anytime you are dealing with excess soils at a site, you want to carefully manage the soils to avoid excessive and unnecessary costs, limit local disruptions, avoid future liability, and document your best management practices.

If you have questions about developing a proper management plan for excess soils, contact Christopher Paré, P.Geo. (cpare@dragun.com) at 519-979-7300.

Get Groundwater Remediation Right…The First Time!

On Thursday, November 8, 2012, Dr. Michael Sklash, P. Eng., will be presenting at the International Sites and Spills Expo in Mississauga, Ontario.

The title of Mike’s presentation is, Groundwater Remediation: Getting It Right the First Time.

In this very fast-paced 30 minute presentation, Mike will demonstrate why a robust site conceptual model is essential if you want to avoid spending excessive time and money on site remediation.  Mike will then apply this practical knowledge in two mini case studies.

Click here to learn more about getting remediation right the first time.

Environmental Remediation Seminar: London Ontario

Don’t miss our next environmental remediation seminar, this time in London, Ontario.

Our goals at each of these seminars are to educate, share ideas, and help you reduce the time and money you are spending on remediation.

We think we are successful in our goals, because as one of the attendees (now a client) said after attending our remediation seminar:

“I was pleasantly surprised by the seminar. I usually attend this sort of thing with some degree of trepidation because it is usually 90% biased sales pitch wrapped in 10% useful information. Your seminar was almost 100% useful or potentially relevant. I wish I had seen it seven years ago, before we started our remediation.”

For more information about our next seminar, click here
http://bit.ly/Ot4EjX

Environmental Management at Greenhouses in Ontario

The Ontario Ministry of Environment (MOE) has made clear their concerns with water quality issues, water supply issues, and discharges of wastewater…but not from what you might think of as a “typical” industry of concern for the MOE. The Ministry’s concern is with Ontario’s Greenhouse Business. In fact, according to an MOE report, “Greenhouse Wastewater Monitoring, 2010-2011” (http://bit.ly/MJkiqJ), the Sturgeon Creek and Lebo Drain watersheds have been “heavily impacted by greenhouse inputs.”

The MOE report published in January 2012, documents that there have been negative impacts to surface waters/streams/rivers from greenhouse operations in southwestern Ontario. The surface water quality in several watersheds near the greenhouses has been impacted with elevated concentrations of potassium, phosphorus, nitrates, and several metals.

Because the watersheds have been negatively impacted, the MOE stated they “cannot support further greenhouse development within (the Sturgeon Creek and Lebo Drain watersheds) without appropriate treatment technology in place.”

So, if you are a greenhouse owner and want to expand, what do you need to do?

Start with an evaluation of your operations and define all of your actual and potential stormwater, sanitary sewage, and process wastewater outputs or discharges. This will help to identify how many activities potentially need to be covered by the Environmental Compliance Approval (ECA)1. If you are not familiar with the ECA process, an ECA is required for operations that may have discharges or emissions (air, water, noise).

As you consider your ECA, one challenge you may face is how you segregate stormwater from process wastewater. A more significant challenge is how you manage and/or treat process wastewater. And, in all likelihood, your local MOE district office will want to see how you are addressing these issues.

The bottom line is if you are starting a new greenhouse or looking to expand your greenhouse operations, whether you are in the Sturgeon Creek and Lebo Drain watershed or elsewhere, it would be wise to give careful consideration to your environmental permitting requirements. Good planning, engineering, and design will play a key role in a successful development.

If you have questions or need assistance with an Environmental Compliance Approval, contact Chris Pare’, P. Geo. (cpare@dragun.com) at 519-979-7300.

1. Previously “Certificate of Approval” or “C of A”

June 12, 2012 Deadline for AST/UST Systems on Federal and Aboriginal Lands

If you are the owner or operator of aboveground storage tanks (ASTs) and/or underground storage tanks (USTs) on Federal or Aboriginal lands, you are probably aware of the rapidly approaching deadline (June 12, 2012).

Some of the specific deadline requirements include the following:

• USTs that are installed “above ground” or within an open secondary containment must be withdrawn from service by June 12^th.
• Partially buried or bunker tanks must be withdrawn from service by June 12^th.
• ASTs that are buried, partially buried, or within a filled secondary containment must be withdrawn from service by June 12^th.  
• Existing single walled USTs must be removed by June 12^th UNLESS they have cathodic protection, leak detection equipment and groundwater or vapour monitoring wells.
• Product transfer areas are to be designed to capture spillage during the transfer of product.

Here are some reminders to maintain compliance: 

• Maintain your inventory control records.
• Keep an ongoing log of any maintenance activities.
• Implement and document your engineering controls (to prevent loss).
• Make sure you have an emergency plan in place.
• If you have any reporting obligations, make sure you do so promptly and again, keep records.

Of course, if you know of leaks in your storage tank system(s), take the tank out of service immediately. 

A release from an AST/UST can quickly become a catastrophic event for owner/operators, costing tens-of-thousands, if not hundreds-of-thousands of dollars to remediate soil and/or groundwater.  A properly designed and engineered fuel storage system will significantly reduce the risks associated with operating these systems.

If you have any questions about AST/UST compliance, contact Christopher Paré (cpare@dragun.com) at 519-979-7300.

New Cleanup Standards in Ontario: Case Study

If you are attending the CANECT Conference in Mississauga, Ontario on May 1 & 2, one of my colleagues, Chris Paré, will be conducting a 20 minute “Floor Presentation” from 12:10 to 12:30 pm on May 1st (see abstract below).

Working with the new Environmental Cleanup Standards

When the new cleanup standards (O.Reg 153/04, 511/09) were proposed, there was a lot of concern about how these new cleanup standards would affect site investigation and remediation activity in Ontario. Would there be increased costs? Would projects linger and never be completed? Would these standards make site redevelopment impossible? In our brief presentation we will look at “real world” case studies (from site investigation to remediation) using the new cleanup standards. We will examine how the new Standards have affected the cost and timing of investigations and/or remediation.” The case studies are based on soil and groundwater assessments and remediation projects completed within the past 12 – 24 months.

Ontario’s Toxics Reduction Act

ONTARIO REGULATION 455/09

Owners and operators at companies in Ontario have increased environmental reporting and planning obligations under the Toxics Reduction Act (TRA).  Facilities in a prescribed sector (NAICS code commencing with “31,” “32,” “33,” or “212” that process minerals) are required to report under the Ontario TRA.  The chemicals that must be reported in the TRA are those chemicals found on (Environment Canada’s) National Pollutant Release Inventory (NPRI) list.  Additionally, facilities are required to report for acetone under O.Reg.127/01, which is not on the NPRI list.

For those who are required to develop a TRA Plan (Plan), your Plan must include an approach to reduce each substance.  It is important to note that while the Plan is required, the implementation is voluntary.

There are seven acceptable reduction options:

1. Materials substitution
2. Product  design or reformulation
3. Equipment or process modification
4. Spill or leak prevention
5. On-site reuse or recycling
6. Improved inventory management and purchasing techniques
7. Training or improved operating techniques

Some key points to consider include: “no reduction” can also be an option; in other words, there may not be a suitable option to reduce the amount of a toxic chemical.  Your Plan is based on the previous year’s data. The Plan will be kept at your facility (one plan per facility), and there is no prescribed format.   Keep in mind the Plan must be certified jointly by a Toxic Substance Reduction Planner and by the highest ranking employee at the facility.

Some key upcoming dates to keep in mind:  For facilities subject to the TRA, a Plan Summary is to be submitted to Ministry of the Environment and provided to the public by December 31, 2012.  An annual report must be submitted to the Ministry by June 1, 2013.

These are just a few considerations as you prepare for your TRA Compliance requirements. If you have question or need assistance with your TRA Compliance, contact Christopher Paré (cpare@dragun.com) at 519-979-7300.

Soil and Groundwater Remediation Seminar Returns to Toronto Area

Essential Information You MUST Have BEFORE You Begin Soil/Groundwater Remediation.

If you missed our seminars in April and October 2011, don’t miss this next opportunity!

 “I was pleasantly surprised by the seminar. I usually attend this sort of thing with some degree of trepidation because it is usually 90% biased sales pitch wrapped in 10% useful information. Your seminar was almost 100% useful or potentially relevant. I wish I had seen it seven years ago, before we started our remediation.”

-A CEO who attended our Soil/Groundwater Remediation seminar

What’s worse than realizing you have to spend time and money on soil or groundwater remediation?  Spending the time and money and getting no closer to the end point!

There is no doubt that there are many proven remediation methods and many contractors who can execute these remediation technologies…but…this should NOT be your starting point!  Before you focus on solutions, make sure you clearly understand the problem and how the myriad of potential solutions apply to your specific situation.  That is where our seminar will prove valuable to anyone who is now, or in the future, tasked with site remediation.

We will spend two hours helping you understand the fundamentals of site characterization and remedy selection.  We will also discuss how to avoid common mistakes in site assessments and subsequent costly remediation.

Agenda:

• The basics of site characterization: What factors control what happens to releases?
• The fate and transport of releases in the subsurface: What’s with LNAPLs, DNAPLs, sinkers, floaters, retardation, etc.?
• Basics of site remediation: What is best for my site?
• How to reduce groundwater remediation efforts and expense
• Site remediation options
• How changes in O.Reg 511 affect site activities
• Mini-Case Studies

Senior Dragun associates, Dr. Michael Sklash, P.Eng. and Matthew Schroeder, M.S., will co-present.  Mike and Matt have worked on site assessment and remediation projects together for more than 15 years.

 Thursday, March 22, 2012

9:00 am to 11:00 am

(please arrive between 8:30 am and 9:00 am)

Best Western (Octaviens)

559 Bloor St. W.

Oshawa, ON L1J 5Y6

There is no cost to attend, but space is limited!

To reserve your space, contact Agnes

(amytych@dragun.com) at 519-979-7300

The New Ontario Environmental Discharge Permitting Process

By now you know that on October 31, 2011, the Ontario Ministry of Environment (MOE) changed the environmental discharge permitting process.  The original Certificate of Approvals (CofA) process is now the Environmental Activity & Sector Registry (EASR) and Environmental Compliance Approval (ECA).

The details of this new regulation can be found at the MOE’s website (bottom of page); but here are a few common questions and answers as it relates to the new permitting process.

How does this new permitting process differ from the old CofA process?  There are several changes, you might want to go to the MOE’s website to become more familiar with the changes (see link below), but one of the significant changes to the process is that the old CofA required multiple approvals for individual processes and equipment.  Now, depending on the process and activities, you can apply for a single “all inclusive” approval.

Who qualifies for the EASR.  The EASR allows you to register certain activities with the MOE, rather than apply for an approval. The registry is available for common systems and processes, which a preset rules of operation can be applied.  The EASR has limited applicability; it is currently available for heating systems, standby power systems, and automotive refinishing.  If you don’t qualify for an EASR, then you would apply for an ECA using the new “smart application form.”

Do I even need a discharge permit?  According to the MOE, “If a business’s activities impact the natural environment, that business needs an approval from the Ministry of the Environment (MOE) to operate legally in Ontario.”  The basic rule is if you currently have or are going to discharge a “pollutant” to the environment, you need a permit. 

What about me, I have an existing CofA, do I need to reapply? No. If you have an existing Certificate of Approval (CofA prior to October 31, 2011), it will continue to apply and will be treated as an ECA.  You need to do nothing at this time.  However, if you plan to add to or modify a process for which you currently have a CofA, you may have to reapply.  Other activities that may require changes from CofA to ECA include changes in ownership of a facility.

Is there still a Comprehensive Certificate of Approval?  What used to be a Comprehensive CofA is now an ECA with Limited Operational Flexibility. 

Is there anything I need to do? This much has not changed; if you are going to have a discharge to the environment (air, water, or noise), you need a permit.  The name has changed, the process is (hopefully) better, but you still need a permit.  All ECA permits must meet the requirements in O.Reg 255/11 of the Environmental Protection Act.

To read more about the ECA process, go to the Ontario Ministry of Environment’s website (below).  If you need assistance with an environmental permit, contact Christopher Pare’ (cpare@dragun.com) at 519-979-7300.

http://www.ene.gov.on.ca/environment/en/industry/assessment_and_approvals/environmental_approvals/index.htm