Environmental Emergency Regulations

Canadian Environmental Protection Act, 1999

Introduction

The new Environmental Emergency Regulations (E2 Regulations) were introduced September 10, 2003, and come into force on November 18, 2003. The regulations apply to commercial and industrial facilities that store or use any of 174 initially targeted substances at or above specified minimum quantities.

If the regulations apply, the facility must provide the quantities and locations of the substances to Environment Canada. The regulations also require the preparation and implementation of environmental emergency plans detailing prevention, preparedness, response, and recovery measures in case of an environmental emergency. Under the regulations, Environment Canada must be notified regarding the presence of regulated substances and the development and implementation of an Environmental Emergency Plan.

Who Is Impacted By The Regulation?

Any commercial or industrial facilities that stores or uses any of the substances targeted by the regulation, and that meet specified minimum quantities must comply with the requirements of the regulation. The regulation initially targets 174 substances, including flammable and other hazardous materials. The regulations apply to both pure substances and mixtures. Application to mixtures containing listed flammable substances is determined by flash and boiling points of the mixture. The applications do not apply to substances in containers that have a maximum capacity of 30 kg or less. The list of substances may be viewed at  http://cepae2.ec.gc.ca.

Environmental Emergency Plan Requirements

The E2 Plan must be site specific and consider both the facility’s operations and surroundings. The properties and characteristics of the substances and the maximum quantities expected on site must also be considered during preparation. It must also address the potential consequences to the environment and human life and health. Plan requirements are summarized as follows:

1. A description of the factors considered in the development of the plan,

2. Identification and assessment of any potential environmental emergencies that can reasonably be expected to occur at the facility and that would likely cause harm to the environment or present a danger to human life,

3. Measures to be used to prevent, prepare for, respond to and recover from the potential environmental emergencies identified above,

4. A list of individuals responsible for executing the plan, including a description of their roles and responsibilities,

5. Training required for each of the above individuals,

6. A listing of emergency response equipment and its location.

7. Measures to be taken to notify members of the public who may be adversely affected by an environmental emergency

What Do I Have To Do?

1. Determine if your operations store or use any of the 174 substances initially targeted and that meet or exceed the specified minimum quantities.

2. Prepare and submit to Environment Canada a Notice of identification of substance and place within 90 days of the regulations coming into force (February 16, 2004), or 90 days after a substance reaches or exceeds the prescribed quantity. The notice must identify:

   • the facilities to which the regulations are applicable,

   • the location of the facility,

   • the applicable substance or substances,

   • the maximum amounts used or stored at anytime during a year.

3. Prepare an Environmental Emergency Plan if container capacities exceed regulatory thresholds in accordance with the regulatory requirements. An existing emergency plan can be used, modified as necessary to meet the requirements of the regulation.

4. Notify Environment Canada that the required E2 plan has been prepared (Notice of preparation). This notice is to be submitted within six months of the regulations coming into force (May 18, 2004), or six months after a substance reaches or exceeds the prescribed quantity.

5. Implement and test the E2 plan. An environmental emergency plan can be considered implemented when it is operational to the point where the person submitting the notice can expect to successfully deal with all aspects of an environmental emergency. Implementation includes prevention, preparedness, response and recovery documentation, access to the identified response resources, training, and testing sufficient to validate the plan. It should include provision for annual testing and review of the E2 plan, including keeping records of the test results.

6. Submit to Environment Canada a Notice of implementation and testing signifying that the E2 plan has been implemented and tested. The notice is to be submitted within a year of the regulations coming into force (November 18, 2004), or a year after a substance reaches or exceeds the prescribed quantity.

Annual Updating and Testing

The environmental emergency plan must be updated and tested at least once a year to ensure that the plan continues to meet the regulatory requirements. A record of the updates and test results must be kept with the plan for at least 5 years.

Record Retention and Reporting

In addition to the Environment Canada notices discussed above, documentation and reporting requirements under the regulation include:

• Copies of the E2 Plan must be available to all persons responsible for implementation.

• A record of annual updates and the results of annual tests must be retained with the plan for at least 5 years.

• The regional office of Environment Canada must be provided both verbal and written notification of all emergencies involving substances controlled under the regulation.

ALTECH Capabilities

Altech Environmental Consulting Ltd. can assist with all aspects of the E2 Regulations. Our capabilities with regards to environmental emergency plans include:

• Assessment of risks associated with the storage and handling of hazardous substances, including their potential impact on the environment and human health, both on- and off-site. Risk assessments performed by Altech also evaluate the impact of potential interaction between hazardous substances.

• Development of an environmental emergency plan to address the potential risks to the environment and human health identified by the risk assessment, and comply with the requirements of the E2 Regulations.

• Development and implementation of training programs specific to the environmental emergency plan

For more information on how Altech can assist please contact Henri van Rensburg by email or phone at 1-800-323-4937 Ext. 230.