October 2009 - Our Voice in Action

Support This New Draft Regulation under the Toxics Reduction Act

On September 18, the Ontario Ministry of the Environment released a draft regulation under the Toxics Reduction Act, 2009. The Ministry has stated that the goal of their Toxics Reduction Strategy is to “…protect the health and environment of Ontarians by reducing toxic substances in air, land, water and consumer products while fostering the green economy”. The Act requires regulated facilities to track the toxics they use and create, to develop plans to reduce their toxics, and to make summaries of their plans available to the public. The regulation would outline the rules for tracking, quantifying, planning and reporting on toxic substances.

OPHA supports the Ministry of Environment's Toxics Reduction Strategy to reduce pollution and inform and protect Ontarians from toxic chemicals, and states that the Toxics Reduction Act is a good first step. While OPHA supports the overall goals and directions of the regulations, we strongly believe that the proposed regulation could be strengthened to improve the health of our communities.

OPHA is very concerned about toxic substances in our air, water, land and consumer products. Some of these substances cause cancer, birth defects, asthma and other adverse health effects. Ontario ranks second only to Texas in the tons of toxic chemicals released and highest among the provinces in environmental carcinogen release. Our position is that our citizens have a right to know what is in their products and their environment. We also believe that medical officers of health and public health agencies need information on toxic use and creation in their communities in order to protect their residents.

The Ministry of Environment is receiving comments on the draft regulation until November 2, 2009 . They need our support to move forward on strong regulations that protects public health and the environment. Please contact Premier McGuinty and Minister Gerretsen to urge the government to strengthen the draft regulation made under Ontario's Toxic Reduction Act, 2009. You can also submit comments to your MPP through the Take Charge on Toxics website: http://www.takechargeontoxics.ca/

Background

The Ministry of the Environment is proposing to bring forward the regulation in two stages:

  • Fall 2009: Identify toxic substances, identify facilities subject to requirements related to toxic substances, establish requirements for toxics reduction plans, toxic substance accounting, plan summaries and reports.
  • Winter 2009-2010: Identify substances of concern, requirements for substances of concern reporting, toxics reduction planners, and administrative penalties.

The Act and Regulation would come into force on January 1, 2010; except the sections listed above (Winter 2009-2010) for which proclamation would be delayed pending drafting of additional regulatory requirements.

The focus of the Regulation is on identifying toxic substances; identifying facilities subject to the proposed requirements related to toxic substances; and setting out the requirements related to: toxic substance accounting, toxic substance reduction plans, summaries of toxic substance reduction plans, and reports on toxic substance reduction plans.

To be subject to requirements of the Act respecting preparation of Toxic Substance Reduction Plans, facilities must meet criteria set out in the regulation regarding: class of facility, minimum number of employees, and minimum use/creation thresholds for a toxic substance. Toxic substances would be defined as: all substances on the federal National Pollutant Release Inventory (NPRI) and acetone. The initial focus would be on 47 priority substances (Phase 1) and the requirements would apply to Phase 1 substances starting January 1, 2010 and to Phase 2 substances on January 1, 2012.

The Toxics Reduction Act has the potential to greatly increase public knowledge about toxics in the environment, in the workplace, and in consumer products. It could also sharply reduce exposure to toxics. OPHA is disappointed that the Act does not go far enough , but we continue to work with our partners including the Canadian Cancer Society, Cancer Care Ontario, and the Ontario Medical Association to advocate for supporting regulations and program commitments. Together with these organizations we support the Take Charge on Toxics (TCOT) campaign. OPHA's submission to the Standing Committee on General Government can be found under Government Consultations in the Our Voice in Action section of our website.

TCOT is a campaign comprised of a broad coalition of respected health, environment and labour organizations aimed at ensuring Ontario's Toxic Use Reduction legislation reduces Ontarians risk of developing cancer by effectively addressing toxic chemicals where people live, work and play. OPHA is a member of this coalition. The TCOT recommendations for Toxics Reduction Act Regulation include:

  • Community right to know: ensuring that Ontarians have information on quantities of toxic substances used, created and contained in products.
  • Public summaries that include targets or numerical goals for reducing toxic chemicals in Ontario.
  • Availability of full toxic reduction plans to local medical officers of health, the ministry of health and the ministry of labour upon request. Worker access and consultation on the entire toxic reduction plan.
  • Inclusion of additional substances that have been identified as high priority toxic substances and as having the potential for human exposure (IARC, NTP, CAREX).
  • Expanding coverage to all emitting sectors, beyond the proposed inclusion of manufacturing and mineral processing.
  • Lowering the threshold to capture smaller facilities and their corresponding emissions and use of toxic substances.
  • Lowering the threshold to protect workers in smaller facilities.
  • Requirement for industry to make all reasonable efforts to consider substance reduction methods.
  • Guidance and support from the ministry on toxics reduction best practices.

The TCOT campaign also recommends quick action in the development of regulations regarding: substances of concern, the living list process, toxics reduction planners, and administrative penalties.

 

 

References

[1] Draft Regulation under the Toxics Reduction Act, Environmental Registry at www.ebr.gov.on.ca (enter Registry # EBR 010-7792) before November 2, 2009

[2] Submit comments to your MPP through the Take Charge on Toxics website

[3] OPHA’s submission to the Standing Committee on General Government [PDF]

[4] Toxics Reduction Act Regulations: Recommendations