Tavares Group Blog

Toxics Reporting Season – 7 Points to Remember to Ensure Compliance

As the seasons change from fall to winter we are reminded that the New Year is fast approaching. Manufacturing (NAICS codes beginning with 31, 32, and 33) and mineral processing (NAICS code beginning with 212) facilities are also reminded of the December 31, 2013 deadline to complete their Toxic Reduction Plans and submit summaries for the 2012 reporting year. The following are 7 key points to remember in order to ensure compliance with The Toxics Reduction Act, 2009 and O.Reg. 455/09.

1. Know if you meet the threshold
Do you meet the thresholds to report under NPRI or O. Reg. 127/01 for acetone? If so, you must report. Committing to the implementation of any identified reduction options is voluntary; a rational must be given as to why reduction options are not feasible.

2. The Ministry cannot grant extensions
Extensions to the submission deadline are not granted. Therefore, if a plan and summary in the first year of reporting is not submitted by the December 31, 2013 deadline, the plan will not comply with the Act and the Highest Ranking Employee (HRE) and the Certified Planner cannot sign the Certification Statement. Instead, they must sign a confirmation statement and the HRE must identify why the deadline has not been met.

3. Disclosure
Facilities must keep the plan on-site and make plan summaries available to the public on the Internet and in print upon request. Facilities must also notify all employees that a summary has been released on the same day it is made available to the public on the Internet.

4. Maintain the same calculation rational
When submitting a plan, plan summary and subsequent reports, a facility cannot alter the calculation rational that has been used until the plan is reviewed (or unless the certified planner reviewing the plan has recommended doing so and the plan is amended).

5. What if a plan is amended?
Facilities may choose to amend a plan on the recommendation of the certified planner. However, if a plan is amended, it must be re-certified by the certified planner and HRE within 30 days. Also, the plan summary must be revised to reflect the amendments within 30 days.

6. What if you no longer meet the threshold?
If a facility no longer meets the threshold for a toxic that was previously reported, an exit record is to be submitted by the June deadline for the specified reporting year (i.e. June of 2014 for the 2013 reporting year).

7. Don’t wait until the last minute
Reporting must be carried out using Environment Canada’s Single Window Information Manager online tool. Users are reminded that many other facilities will also be using the website in the days leading up to the deadline so it is prudent to submit plan summaries as soon as possible in order to ensure the December 31, 2013 reporting deadline is met in the unlikely event you run into any technical difficulties.

In order to help Ontario’s regulated facilities understand and meet the requirements of the Toxics Reduction Act, The Ontario Ministry of the Environment has developed technical guidance documents which can be found here.

Remain up-to-date and prepared to meet the requirements of The Toxics Reduction Act and other environmental, health & safety legislation by attending the Overview of Environmental Legislation Conference to be held on April 9, 2013 at Sunningdale Golf and Country Club. Stay tuned to our Learning page for registration and speaker details. Tavares Group Consulting also offers a quarterly organization specific compliance e-newsletter service which will keep your organization up-to-date with current, new and proposed legislation.