s200 environmental emergency planning regulations · e2 online notification upkeep and improvement...

PROCESS SAFETY & LOSSPROCESS SAFETY & LOSSMANAGEMENT STMPOSIUMMANAGEMENT STMPOSIUMOctober 29, 2003October 29, 2003

S200 ENVIRONMENTAL EMERGENCYS200 ENVIRONMENTAL EMERGENCYPLANNING REGULATIONSPLANNING REGULATIONS

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

JOHN SHRIVESJOHN SHRIVESENVIRONMENTAL EMERGENCIES BRANCHENVIRONMENTAL EMERGENCIES BRANCH

ENVIRONMENT CANADAENVIRONMENT CANADA

October 29, 2003October 29, 2003PROCESS SAFETY & LOSSPROCESS SAFETY & LOSS

MANAGEMENT SYMPOSIUMMANAGEMENT SYMPOSIUM

OVERVIEWOVERVIEW

•• Details about the New RegulationsDetails about the New Regulations•• E2 Reporting RequirementsE2 Reporting Requirements•• Implementation GuidelinesImplementation Guidelines•• The Notice RegistryThe Notice Registry•• Compliance Promotion andCompliance Promotion and

EnforcementEnforcement



Features of CEPA 1999 Part 8Features of CEPA 1999 Part 8

•• Section 196 Section 196 Guidelines and Codes of PracticeGuidelines and Codes of Practice•• Section 199 Section 199 Environmental Emergency (E2) PlansEnvironmental Emergency (E2) Plans•• Section 200 Section 200 RegulationsRegulations•• Section 201Section 201 Duty to notify, report and mitigateDuty to notify, report and mitigate•• Section 202Section 202 “Third party/employee” protection“Third party/employee” protection•• Section 204 Section 204 National Reporting and NotificationNational Reporting and Notification•• Section 205 Section 205 Liability for Environmental DamagesLiability for Environmental Damages

and Costs Incurred by Publicand Costs Incurred by PublicAuthoritiesAuthorities



The E2 Planning RegulationsThe E2 Planning RegulationsUnder S200Under S200

•• Address emergency prevention, preparedness,Address emergency prevention, preparedness,response and recoveryresponse and recovery

•• Benefits to be realized regardless of causeBenefits to be realized regardless of cause•• - i.e. accidental, vandalism or terrorism - i.e. accidental, vandalism or terrorism•• Flexible as opposed to prescriptive approach toFlexible as opposed to prescriptive approach to

be taken, however, key elements must bebe taken, however, key elements must beaddressedaddressed

•• General support expressed for the initiativeGeneral support expressed for the initiative•• Consensus on using CRAIM list and thresholdsConsensus on using CRAIM list and thresholds



The S200 Regulations (cont’d)The S200 Regulations (cont’d)

•• Apply to any person who uses or storesApply to any person who uses or storesone or more of the 174 substances aboveone or more of the 174 substances abovethe specified quantities in a containerthe specified quantities in a containerequal to or exceeding the thresholdequal to or exceeding the threshold

•• List includes 16 CEPA toxic substancesList includes 16 CEPA toxic substances•• Schedule 1 of the regulations divided intoSchedule 1 of the regulations divided into

Part 1 (76 flammables) and Part 2 (98Part 1 (76 flammables) and Part 2 (98other hazardous) substancesother hazardous) substances



Substances on the ListSubstances on the List

•• All substances on the list have specificAll substances on the list have specificthresholds.thresholds.

•• For those listed substances that are mixtures*,For those listed substances that are mixtures*,quantities of their individual components are notquantities of their individual components are notconsidered when calculating substanceconsidered when calculating substancequantities.quantities.

•• Any listed substance with concentration belowAny listed substance with concentration belowthat shown in column 2 of Schedule 1 isthat shown in column 2 of Schedule 1 isexcludedexcluded

*e.g. Gasoline and Liquefied Natural Gas (LNG)*e.g. Gasoline and Liquefied Natural Gas (LNG)



FACTORS FOR INCLUSION OFFACTORS FOR INCLUSION OFSUBSTANCES ON THE S200 LISTSUBSTANCES ON THE S200 LIST

•• Toxicity or other hazardous propertiesToxicity or other hazardous properties•• Physical propertiesPhysical properties•• Quantities in Canadian commerceQuantities in Canadian commerce•• Historical data related to accidental releasesHistorical data related to accidental releases•• Adverse effects on the environment,Adverse effects on the environment,

environment on which human life depends orenvironment on which human life depends orhuman healthhuman health

•• Adequate management of risks through existingAdequate management of risks through existingfederal or provincial regulationsfederal or provincial regulations

•• Results of EC’s REF analysisResults of EC’s REF analysis



Exceptions From Quantity CalculationsExceptions From Quantity Calculations[Section 3(2)][Section 3(2)]

•• Amounts temporarily stored for 72 hours or less in aAmounts temporarily stored for 72 hours or less in acontainer not normally located at the place, if the personcontainer not normally located at the place, if the personkeeps evidence during the temporary storage period ofkeeps evidence during the temporary storage period ofthe date the substance was receivedthe date the substance was received

•• Quantities in a container with capacity of 30 kg or lessQuantities in a container with capacity of 30 kg or less•• Quantities of substance when it is a component ofQuantities of substance when it is a component of

another substance in Schedule 1another substance in Schedule 1•• Quantities of a substance when it is a component ofQuantities of a substance when it is a component of

natural gas except in liquefied formnatural gas except in liquefied form



Exceptions From Quantity CalculationsExceptions From Quantity Calculations[Section 3(2)][Section 3(2)]

•• Quantities of a substance in fuel tank supplying engineQuantities of a substance in fuel tank supplying engineof conveyance used in transportationof conveyance used in transportation

•• Quantities of a substance that are the object of anQuantities of a substance that are the object of anactivity that is subject to the activity that is subject to the Transportation ofTransportation ofDangerous Goods Act, Dangerous Goods Act, during the performance of thatduring the performance of thatactivityactivity

•• Quantities of a substance in Part 1 of Schedule 1 that isQuantities of a substance in Part 1 of Schedule 1 that isa component of a mixture that has a flash point equal toa component of a mixture that has a flash point equal toor greater than 23ºC or boiling point equal to or greateror greater than 23ºC or boiling point equal to or greaterthan 35ºCthan 35ºC

•• Quantities of a substance in Part 2 of Schedule 1 in aQuantities of a substance in Part 2 of Schedule 1 in amixture with partial pressure of the substance equal tomixture with partial pressure of the substance equal toor less than 10 millimetres of mercuryor less than 10 millimetres of mercury



THE PROCESSTHE PROCESS

•• Determine if either the total amount ofDetermine if either the total amount ofsubstance or single largest container exceedssubstance or single largest container exceedsthe specified thresholdthe specified threshold

•• For all facilities that meet either or both aboveFor all facilities that meet either or both abovecriteria, a notice of identification of substancecriteria, a notice of identification of substanceand place must be filed (90 days) along withand place must be filed (90 days) along withcertification certification [Section 3(1)(a) & (b)][Section 3(1)(a) & (b)]

•• For all facilities that meet both criteria,For all facilities that meet both criteria,subsequent notices of plan preparation andsubsequent notices of plan preparation andimplementation and testing must also be filed (6implementation and testing must also be filed (6mosmos, 1 year respectively) , 1 year respectively) (Sections 4 & 5)(Sections 4 & 5)



ON-GOING OBLIGATIONSON-GOING OBLIGATIONS

•• Annual testing of the E2 plan contents (allAnnual testing of the E2 plan contents (allrelevant components to be tested through multi-relevant components to be tested through multi-year cycle) year cycle) [Section 6(1)][Section 6(1)]

•• E2 plan to held at facility (unless unmanned)E2 plan to held at facility (unless unmanned)and available for inspection and available for inspection [Section 6(2)][Section 6(2)]

•• Test results over a 5-year period to beTest results over a 5-year period to bedocumented and available for inspectiondocumented and available for inspection[Section 6(3)][Section 6(3)]

•• Spill notification and reporting* Spill notification and reporting* (Section 9)(Section 9)



ON-GOING OBLIGATIONS (cont’d)ON-GOING OBLIGATIONS (cont’d)

•• File an amended Schedule 2 for changes inFile an amended Schedule 2 for changes ininformation (under section 1 or 2) or increasesinformation (under section 1 or 2) or increasesin max. expected quantity > 10% within 60 daysin max. expected quantity > 10% within 60 days[Sections 3(4)(a) & (b)][Sections 3(4)(a) & (b)]

•• Notify the Minister within 90 days after eitherNotify the Minister within 90 days after eitherthe amount or capacity criterion less than that inthe amount or capacity criterion less than that incolumn 3 of Schedule 1 for 12 consecutivecolumn 3 of Schedule 1 for 12 consecutivemonths months [Section 3(5)][Section 3(5)]



Content of the E2 PlanContent of the E2 Plan

•• In preparing an E2 plan, one must consider theIn preparing an E2 plan, one must consider thefollowing: following: [Section 4(2)][Section 4(2)]–– properties and characteristics of the substance;properties and characteristics of the substance;–– maximum expected quantity of the substance at themaximum expected quantity of the substance at the

place at any time during a calendar year;place at any time during a calendar year;–– commercial, manufacturing, processing or othercommercial, manufacturing, processing or other

activity in relation to which the plan is prepared;activity in relation to which the plan is prepared;–– characteristics of the place and surrounding area; andcharacteristics of the place and surrounding area; and–– potential consequences to human life and health.potential consequences to human life and health.




•• An E2 plan must contain the following:An E2 plan must contain the following:[Section4(3)][Section4(3)]–– description of the factors considered;description of the factors considered;–– identification of any possible environmentalidentification of any possible environmental

emergencies expected to occur;emergencies expected to occur;–– description of measures used to prevent, prepare for,description of measures used to prevent, prepare for,

respond to and recover from and E2;respond to and recover from and E2;–– list of individuals who are to carry out the plan;list of individuals who are to carry out the plan;–– identification of training required;identification of training required;–– list of emergency equipment and its location; andlist of emergency equipment and its location; and–– identification of measures used to notify the public.identification of measures used to notify the public.




•• E2 plans prepared on a voluntary basis orE2 plans prepared on a voluntary basis orfor another government or under anotherfor another government or under anotherAct of Parliament that meet theAct of Parliament that meet therequirements of the proposed E2requirements of the proposed E2Regulations can be used. Regulations can be used. [Section 7(1)][Section 7(1)]

•• Those that do not meet the requirementsThose that do not meet the requirementsmust be amended. must be amended. [Section 7(2)][Section 7(2)]



TimelinesTimelines

•• Publication of Implementation Guidelines in Publication of Implementation Guidelines in CanadaCanadaGazette IGazette I was September 6th was September 6th

•• Publication of regulations in Publication of regulations in Canada GazetteCanada Gazette Part 2 was Part 2 wasSeptember 10, 2003September 10, 2003

•• The E2 Regulations come into force 90 days afterThe E2 Regulations come into force 90 days afterpromulgation (or 90 days after criteria first apply)promulgation (or 90 days after criteria first apply)

•• 3 notices are required after coming into force:3 notices are required after coming into force:–– Within 90 days - Identification of Substance and PlaceWithin 90 days - Identification of Substance and Place–– Within 6 months - Prepare E2 PlanWithin 6 months - Prepare E2 Plan–– Within 1 year - Test & Implement the PlanWithin 1 year - Test & Implement the Plan



General Provisions of SectionGeneral Provisions of Section201 in Part 8 of CEPA 1999201 in Part 8 of CEPA 1999

•• Duty to Notify, Report and MitigateDuty to Notify, Report and Mitigate

•• Section 201 applies once a list ofSection 201 applies once a list ofsubstances is established under thesubstances is established under thesection 200 proposed E2 Regulationssection 200 proposed E2 Regulations

•• A verbal and written report is required inA verbal and written report is required inthe event of an “environmental emergency”the event of an “environmental emergency”involving any Schedule 1 substanceinvolving any Schedule 1 substance



Spill Notification and ReportingSpill Notification and Reporting

•• An “environmental emergency” is definedAn “environmental emergency” is definedunder section 194 of CEPA 1999 as oneunder section 194 of CEPA 1999 as onethat:that:–– has or may have an immediate or long termhas or may have an immediate or long term

harmful effect on the environment;harmful effect on the environment;–– constitutes or may constitute a danger to theconstitutes or may constitute a danger to the

environment on which human life depends; orenvironment on which human life depends; or–– constitutes or may constitute a danger inconstitutes or may constitute a danger in

Canada to human life or health.Canada to human life or health.



Spill Reporting and NotificationSpill Reporting and Notification

•• E2 Regulations will not initially specify any spillE2 Regulations will not initially specify any spillreporting threshold quantitiesreporting threshold quantities

•• Environment Canada considers that existingEnvironment Canada considers that existingprovincial reporting thresholds, if any, orprovincial reporting thresholds, if any, oralternately those specified under thealternately those specified under theTransportation of Dangerous Goods Act (TDGA)Transportation of Dangerous Goods Act (TDGA)are acceptable for the purposes of meetingare acceptable for the purposes of meetingobligations under the general provisions of s201obligations under the general provisions of s201



Harmonization of RequirementsHarmonization of Requirements

•• Environment Canada’s goal is toEnvironment Canada’s goal is toharmonize spill reporting requirementsharmonize spill reporting requirementsthroughout the countrythroughout the country

•• Future amendments to the proposed E2Future amendments to the proposed E2Regulations will be considered to applyRegulations will be considered to applyexisting reporting thresholds within itsexisting reporting thresholds within itsrequirementsrequirements



Notification and ReportingNotification and Reporting

•• Verbal notification is to be made by telephone asVerbal notification is to be made by telephone assoon as reasonably possiblesoon as reasonably possible

•• Written reports should be made within 30 daysWritten reports should be made within 30 daysof the eventof the event

•• Notification and reporting is to be made to anNotification and reporting is to be made to anEnforcement Officer or to any other personEnforcement Officer or to any other persondesignated by the proposed E2 Regulationsdesignated by the proposed E2 Regulations

•• Content of notifications and reports are furtherContent of notifications and reports are furtheroutlined in the E2 Implementation Guidelinesoutlined in the E2 Implementation Guidelines



Points of ContactPoints of Contact

•• Arrangements exist between federal andArrangements exist between federal andprovincial authorities for spill notificationprovincial authorities for spill notificationand reportingand reporting

•• Further details available in theFurther details available in theImplementation Guidelines (Appendix 6)Implementation Guidelines (Appendix 6)



THE INTENT OF THETHE INTENT OF THEIMPLEMENTATION GUIDELINESIMPLEMENTATION GUIDELINES

•• To provide further guidance on the requirementsTo provide further guidance on the requirementsof the s200 regulationsof the s200 regulations

•• To clearly delineate between ss200 and 199To clearly delineate between ss200 and 199•• To establish the principles of environmentalTo establish the principles of environmental

emergency planning under CEPA 1999emergency planning under CEPA 1999•• To outline Environment Canada’s expectationsTo outline Environment Canada’s expectations

with respect to the regulation and itswith respect to the regulation and itsimplementationimplementation



THE CONTENTSTHE CONTENTS

•• Summary of E2 planning provisions underSummary of E2 planning provisions underss200 and 199ss200 and 199

•• Application of ss200 and 199Application of ss200 and 199•• Spill notification and reportingSpill notification and reporting•• E2 plan content for PPRRE2 plan content for PPRR•• Public access informationPublic access information•• Compliance and enforcementCompliance and enforcement



THE CONTENTS (cont’d)THE CONTENTS (cont’d)

•• Appendices cover:Appendices cover:⇒⇒suggested referencessuggested references⇒⇒sample notices/declarations and certificationssample notices/declarations and certifications⇒⇒model subsection 199(1) Gazette noticemodel subsection 199(1) Gazette notice⇒⇒the list of regulated substancesthe list of regulated substances⇒⇒substance amount calculationssubstance amount calculations⇒⇒notification and reporting documentationnotification and reporting documentation



E2 Online NotificationE2 Online Notification

How will it work?How will it work?•• Clear step-by-step instructions guide userClear step-by-step instructions guide user

through filing processthrough filing process•• “Point and click” used as much as possible to“Point and click” used as much as possible to

minimize effort and errorminimize effort and error•• Extensive Qs & As section should cover mostExtensive Qs & As section should cover most

queriesqueries•• At completion of each stage, hard copy to beAt completion of each stage, hard copy to be

signed and sent to ECsigned and sent to EC•• All submissions acknowledged electronicallyAll submissions acknowledged electronically



E2 Online NotificationE2 Online Notification

Upkeep and improvementUpkeep and improvement•• Verify data, and periodically reviewVerify data, and periodically review

database for duplication or other errorsdatabase for duplication or other errors•• Hardcopy of signatures to be filed (forHardcopy of signatures to be filed (for

now)now)•• Questions from public will go to commonQuestions from public will go to common

email account - email account - [email protected]@ec.gc.ca•• Improvements to site can be made asImprovements to site can be made as

required, both before and after launchrequired, both before and after launch



Compliance PromotionCompliance Promotion

• Compliance promotion activities underway• Include development of both a ComPro Strategy and

Plan• Will be publicly available• Identifies responsibilities for both HQ and Regions• Range of opportunities available to raise awareness and

inform regulatees of requirements• Plan also contains various performance targets e.g. # of

plans evaluated, # of exercises observed annually



EnforcementEnforcement

• Internal Enforcement plan also in development• Once in force, regulations will become part of

EC’s annual inspection plans• Emergencies program to work closely with

Enforcement staff• Regulated facility database in development• Range of penalties available for violations,

consistent with CEPA’s Enforcement andCompliance Policy and degree of severity



FOR FURTHER INFORMATIONFOR FURTHER INFORMATION

•• CEPA Registry:CEPA Registry:–– www.ec.gc.ca/CEPARegistry/www.ec.gc.ca/CEPARegistry/(regulations(regulations & &

guidelines)guidelines)

•• Information on the regulations:Information on the regulations:–– www.ec.gc.ca/ee-ue/plans/planswww.ec.gc.ca/ee-ue/plans/plans

•• On-line Notification System:On-line Notification System:–– www.cepae2.ec.gc.cawww.cepae2.ec.gc.ca



Calculation of QuantitiesCalculation of QuantitiesFlammable MixturesFlammable Mixtures

•• The following criteria must be met:The following criteria must be met:–– flash point < 23ºCflash point < 23ºC–– boiling point < 35ºCboiling point < 35ºC

•• Concentration is equal to or greater than thatConcentration is equal to or greater than thatshown in Column 2 of Part 1 of Schedule 1shown in Column 2 of Part 1 of Schedule 1

•• Total amount of the mixture = 4.5 tonnes orTotal amount of the mixture = 4.5 tonnes orgreater andgreater and

•• Storage container = 4.5 tonnes or greaterStorage container = 4.5 tonnes or greater



Calculation of QuantitiesCalculation of QuantitiesHazardous MixturesHazardous Mixtures

•• The following criteria must be met:The following criteria must be met:–– partial pressure of the substance in thepartial pressure of the substance in the

mixture exceeds 10 mm of Hgmixture exceeds 10 mm of Hg–– Concentration is equal to or greater than thatConcentration is equal to or greater than that

shown in Column 2 of Part 2 of Schedule 1shown in Column 2 of Part 2 of Schedule 1–– Total amount of substance = concentration ofTotal amount of substance = concentration of

substance in solution x weight of solutionsubstance in solution x weight of solution–– Storage container = threshold amount orStorage container = threshold amount or

greatergreater

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