Appendix 2: Presentation

National Stakeholder Workshops
Winter 2003

• Federal and provincial jurisdiction.
• International environmental and trade obligations.
• Stakeholders perspectives.
• Market conditions and environmental considerations.
• CEPA Waste Regulations.
  • Interprovincial Regulations
  • Export and Import of PCB Regulations
  • Prescribed Non-Hazardous Wastes Regulations
  • Federal Hazardous Wastes Regulations
• Other regulations impacting the same community

Day 1

• Introduction and Overview
• Definitional Issues
• Operational Issues
• Environmentally Sound Management

Day 2

• Controls on Recyclables
• PELES
• Information Items
  • Update on Basel Ban.
  • Access to Information

• Review process for EIHWR commenced in 1999, building on CCME work for Interprovincial Regulations
• Public consultations on comprehensive reform package in Winters of 2001 and 2002
• Consequential amendment on August 15, 2002 due to TDGR changes
• Focused discussions on numerous discrete issues
• Draft guide to distinguish between waste, recyclable materials and products, background document for drafting instructions
• Final multi-stakeholder consultations January-February 2003
• Gazette I proposed in late Summer 2003

• Retain notification and tracking requirements, but with administrative streamlining and clearer obligations
• Ban on exports to developing countries for disposal
• Separate regime for recyclables, designed to facilitate recycling
• Address new CEPA 1999 authorities
  • Environmentally Sound Management (ESM)
  • Permits of Equivalent Level of Environmental Safety (PELES)
  • Reduction plans on exports for final disposal
• Improve federal-provincial and US-Canadian harmonization while remaining compliant with international obligations
• Strengthen linkages to other elements of CEPA 1999

Approach consistent with Interprovincial Regulations based on CCME work, with linkage to international agreements.

• Lists
  • Test-out options for some - based on Schedule 1 of TDGR as well as Annexes I and VIII of Basel Convention
  • Conditional exclusion option for others - mainly the 100 waste types formerly in TDGR
  • Used oil, glycol, biomedical waste
• Hazard Criteria
  • Classes 2 to 8, leachate toxicity, environmentally hazardous list
• Small quantity exemption
  • 5kg/5 L in most cases, up to 25kg/L for testing recyclables

Outstanding issues regarding

• Harmonization with RCRA
  • Mechanism of inclusion of P and U lists (list of acutely hazardous commercial chemicals)
  • List of substances included in pre-treatment standards for wastes destined for landfill
• Listing of specific materials
  • treated wood
  • electronic scrap.

• Current approach (whole vs. shredded)
• Basel Convention has two entries
  • Hazardous: with batteries, mercury switches, CRTs, PCBs or meet hazard criteria
  • Non-Hazardous: consisting of only metals/allows, not meeting hazard criteria or listing, destined for direct reuse
• Considering listing of hazardous constituents that would make the scrap hazardous rather than requiring testing

• Criteria for who may apply
• Notification process improvements
• Documentation requirements
• Clarified and streamlined controls
• Returns and rerouting

• Resident of Canada with place of business in Canada
• Demonstrate capacity to implement obligations arising from non-completion of shipment
• Own and operate or have contract with final disposal or recycling facility
• Foreign exporters must be under the jurisdiction of the country of export
• Clarification in case of transfer station

• Structure of regulations and updated definitions
• Notice
  • Based on OECD form with move to electronic form
  • Updated IWIC
  • Whether subject to waste reduction planning requirements
  • Linkage to other CEPA and international requirements
  • Confirmation of insurance with copies on file at EC
  • Remove restriction on number of waste streams per form
  • Simplify process for lists of carriers
  • Business number
  • Border crossings
  • Additional information requirements on final destination for operations D13, D14, D15, R12, R13 and R16

• Clarification of contractual requirements
• Simpler notice renewal mechanism
• Tracking shipments
  • Replacement of manifest with movement document
  • Reduced documentation at border (movement document and permit)
  • Expanded authority for electronic documentation
  • Clarification of obligations for rail
  • Need to review for marine shipments
  • Tracking to final destination

• Requirement that disposal/recycling occur within 1 year or less as per facility permit (possible extension for some recyclables)
• Returns and rerouting
  • More specific procedures, especially for import
  • Specific consent and tracking requirements
  • Rules for volume calculations
• Specify rules for notice amendments

• Taking all practicable steps to ensure protection of environment and human health
• Need for enhanced definition and improved management
  • Promote harmonized framework in Canada
  • Enhance mechanism for
    • Waste streams of concern
    • Country destinations
  • Maintain standards with respect to other countries and ensure a "level playing field"
  • Meet international commitments

• CEPA authority
  • Criteria to be included in federal regulations
  • Criteria applies to
    • Exports, imports and transits
      • Hazardous wastes and hazardous recyclables
      • Prescribed non-hazardous wastes
  • Minister has the authority to refuse to issue permit
• Domestic regime
  • CCME
  • Harmonization with existing domestic regulations and authorities
• International context (OECD, Basel, CEC)
• All are developing ESM regimes

• Environmental management system
  • A facility-based mechanism to monitor and take action to ensure compliance with ESM requirements
• Core performance elements (CPEs)
  • Components of environmental management system
  • General facility performance-based criteria
  • Guide being developed to provide benchmarks and best practices
• Technical guidelines
  • For specific waste/recyclable streams or specific operations
  • New guidelines will include ESM and provide specific guidance

Applicants must self-certify, during the notice process, that each facility to be involved with the waste or recyclable material

• Has an appropriate EMS in place
  • EMS must address each "core performance element"
• Complies with core performance elements
  • Benchmarks and best practices in guidance documents
• Has taken into consideration relevant domestic and international technical criteria and guidelines
  • Will be listed in an Annex in the Regulations with an easy amendment mechanism

Applicants must self-certify, during the notice process, that each facility to be involved with the waste or recyclable material

• Has an appropriate EMS in place
  • EMS must address each "core performance element"
  • Must comply with applicable domestic legislation in country of import
• Has taken into consideration relevant international technical criteria and guidelines

• Self-certification must apply to all relevant facilities, including interim storage and transfer facilities
• Applicants could prepare a general ESM declaration in advance of notification to cover all activities of the facility
  • Each specific notice would then self-certify that the general declaration covers the specific case
• Minister could ask for additional information or request audit of self-certification
• Regulations also may require that certificate of disposal/recycling certify that waste/material was managed in an environmentally sound manner

• Umbrella system
  • Provides organizational structure
  • Ensures facility meets all of the CPEs on on-going basis
  • Promote "pro-active" management
• Facility-based system
  • Unique to facility type and operations
  • Unique to waste stream managed
• Regulations will not prescribe a standard EMS model

• Focus on management facilities
  • Bulking, recovery and disposal
  • Transportation and collection issues separate
• Series of 9 fundamental elements
  • Designed to address the most common and fundamental considerations for waste management facilities
• Elements ensure
  • Meeting existing domestic regulatory requirements
  • Environmental protection
  • Health of employees
  • Due diligence

• Awareness of regulatory requirements
  • Management understanding of domestic regulations
• Conformity to all applicable requirements
  • Based on facility operations and materials managed on site
• Authorized by appropriate jurisdiction(s)
  • Applied and received appropriate authorities

• Occupational health and safety program
  • Safety and well-being of employees
• Monitoring, recording and reporting program
  • Meet the requirements of authorization, process parameters, incoming and outgoing wastes
  • Good "housekeeping"
• Staff training program
  • Employees are aware of hazards and have knowledge to perform work in a safer manner

• Information exchange program to ensure awareness of concerns and new developments in technology and management practices
  • Information exchange with up and downstream facilities
• Emergency/contingency plan
  • To prescribe decisive and well directed action in case of an emergency
• Closure and after-care plan
  • Integral part of facility operations

• Numerous guidelines are under development addressing issues on concern in cooperation with Provinces
• Stakeholder input will be solicited as part of guidelines development
• All guidelines will have provision for ESM criteria (EMS + CPE)
• Guidelines will be incorporated into Regulations Annex

• Hazardous Waste Landfill Guidelines
  • Under consideration are provisions for "derived from" rule, pretreatment standards, design standards and ESM criteria
  • Stakeholder consultation in Feb./Mar. 2003
  • Completion in Winter 2003
• Management of Electronic Scrap Guidelines
  • Address life cycle considerations and ESM criteria
  • Stakeholder consultation in Spring 2003
  • Completion in Winter 2003

• Physical, Chemical and Biological Treatment
  • Incorporate ESM criteria
  • Stakeholder consultation complete
  • Completion in Summer 2003
• Guidelines on Core Performance Elements in Support of Environmentally Sound Management
  • Consideration to Provincial and Federal authorities
  • Stakeholder consultation Summer 2003

• Basel Convention
  • Several guidelines already developed (ex. PCB, landfill, incineration, solvent recycling, household hazardous waste)
• OECD
  • Has developed some guidelines on metal recycling
  • Working on electronic scrap guideline
• CEC
  • NAFTA countries working on ESM in North American context

• Address the most common and fundamental considerations of waste management facilities
• Promote "pro-active" management style
• Taking all practicable steps to ensure protection of environment and human health

End of Day 1

• Objective: Track shipments and ensure ESM in a way that promotes recycling over disposal
• Areas of interest
  • Definitions
  • Guide to distinguish between products, recyclable materials and waste
  • Differentiated controls for recyclables

• Intentionally produced to be sold
• Requires no further processing
• Does not contain more contaminants or create more waste/effluents than the product it replaces
• Quality control, loss minimized, sales records kept
• Useable in a variety of circumstances
• Positive economic value and viable markets

Differentiated Controls

• Improving the pre-authorized facility mechanism with three year permit
• Considering extension of time for initiating "final recycling operations"
• If not hazardous in country of export
  • Proposing special provision for movement documents
  • Considering self-certification for contract

"Low Risk" Hazardous Recyclable Materials

• Recyclers requesting exemption
  • Consistency with domestic regulations
  • Consistency with international obligations
  • Level of environmental protection required
  • Trade issues
  • Clarity vs. level playing field
• Proposing case by case variances using PELES

• New authority
• Applicable to all aspects of the new regulations
• Guide will describe information applicant must provide
• Key test
  • At least equivalent level of environmental safety
  • Consistent with Canada's international obligations
• Other considerations
  • Possible net environmental benefits
  • Provision of adequate information to track shipment
  • Enforceability

• Application information
• Preliminary review and comprehensive evaluation
• Criteria
  • Possible net environmental benefits
  • Provision of adequate information to track shipment
  • Degree of risk
  • Link to international obligations and domestic regulations
  • Enforceability
• Consultations
• Publication
• Revocation

• EC will publish a summary of each application and each PELES
• At a minimum, EC will consult with authorities from affected jurisdictions
• May also consult with other interested parties, depending on significance of variance requested

• Apply to exports for final disposal of hazardous waste and prescribed non-hazardous waste only
• Propose to require waste exporters to certify that they have explored options to reduce exports of wastes for disposal (from P2 perspective)
• Regulations could also establish rules for requiring comprehensive reduction plans and progress reports
  • Propose rules similar authority provided for P2 planning in Part 4
  • Must take into account proximity and changes in production
  • Give credit for plans already implemented under other requirements (provincial regulations, etc.) or CEPA P2 plans if required for same substance

• CEPA 1999 currently has the following publication requirements:
  • For proposed exports or imports, the name of the jurisdiction of origin/destination and the name of the importer/exporter
  • Information, that the Minister considers appropriate, derived from documents received under Regulations (Notices, Movement Documents)
  • A copy of each PELES
• EC currently publishes annual statistics and required elements from CEPA 1999 in Resilog
• EC proposes to make the following available through an online search tool:
  • Name and address of Canadian importer/exporter, waste information, final destination, received quantities, border crossing

• Electronic exchange of information
  • E-notice and e-manifest
  • Smart cards
  • electronic exchange with other authorities
• Liability and compensation
  • Issues being examined
  • Status of work
• Basel Ban Amendment
  • Status of work internationally
  • Next steps for Canada

• Opportunity for written comments
• Report on these consultations
• Opportunity for further input
  • PELES and ESM Guides
  • Consultations on CPEs, Technical Guidelines
  • Possible PELES
• Gazette I in late Summer 2003
  • Formal comment period

The Transboundary Movement Branch, EC and the Import-Export Program, US EPA, are offering a two day information session for Industry and regulators involved in the transboundary movement of hazardous waste.

• When: March 5 & 6, 2003.
• Where: Chicago.
• Why: aims at providing an overview of the regulations in Canada and the USA in order to overcome typical administrative problems. Assists in addressing issues of security and in reviewing border procedures for hazardous wastes.
• How: to ensure you receive your invitation please e-mail your contact information to TMB at: anne.patton@ec.gc.ca