Completed Agreements

Environmental Performance Agreement

Between
Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment
and
Members of the Refractory Ceramic Fibre Industry in Canada

1.0 Background
2.0 Recommendations of the Strategic Options Report
3.0 2002 Environmental Performance Agreement
4.0 Understandings
5.0 Performance Requirements
Annex 1
Annex 2

WHEREAS the presence of toxic substances in the environment is a matter of national concern;

WHEREAS the Government of Canada has determined that Refractory Ceramic Fibres pose a potential threat to human health;

WHEREAS the Government of Canada wishes to prevent or minimize the introduction into the environment of Refractory Ceramic Fibres;

AND WHEREAS the Minister of the Environment recognizes voluntary actions of industry as an efficient means to achieve environmental objectives;

THEREFORE, in consideration of the following terms and conditions, the parties agree as follows:

1.0 Background

Refractory Ceramic Fibres (RCFs) are amorphous man-made vitreous fibres produced from the melting of calcined kaolin clay or a combination of alumina and silica. The market for RCFs is almost all in high temperature industrial applications (up to 95% of Canadian usage) such as furnace linings, kilns and process heaters, pipe wrapping, welding protection, gaskets, filters, flame retardants, as well as in acoustical insulation.

RCFs (CAS Number 142844-00-6) constitute Item 41 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

Under the Toxic Substances Management Policy, RCFs are categorized as Track 2 substances, thus requiring a life cycle management approach.

In 2002, an Environmental Performance Agreement was signed between Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment and members of the RCF Industry in Canada. The companies participating in the 2002 Environmental Performance Agreement and the associated voluntary monitoring program were: FibreCast Inc., Pyrotek Industries, Wolf Steel, Thermal Ceramics (a division of Morganite Canada Corporation), RHI Canada Inc. and CFM Majestic Inc. In addition to these companies, Global-GIX participated in the monitoring program.

Environment Canada and participants in the 2002 Environmental Performance Agreement gathered emission data and also confirmed their commitment to establish and maintain a Product Stewardship Program using a voluntary action approach based on a new Environmental Performance Agreement.

The companies participating in this renewed Environmental Performance Agreement with the RCF Industry are listed in Annex 1.

2.0 Recommendations of the Strategic Options Report

Following the identification of RCFs as toxic under the Canadian Environmental Protection Act, Environment Canada and Health Canada conducted stakeholder consultations and prepared a Strategic Options Report on RCF. The report produced the following recommendations, which were addressed in the 2002 Environmental Performance Agreement between industry and Environment Canada (detailed in Section 3.0 below):

  • 2.1 RCFmanufacturers and processors were to be subject, for a period up to 5 years, to a program to monitor vent source air emissions and ambient air concentrations at the boundary of the plant property for RCFs, in order to gather trend-line data on the quantities of RCFs emitted annually and to allow health and environmental specialists to better evaluate the levels of risk to the general population and the environment.
  • 2.2 RCFmanufacturers and processors were to establish end-of-production cycle inspections of pollution control equipment, and periodic preventive inspections.
  • 2.3 Any person operating a new facility involved in the manufacture or processing of RCFs that began operations while that Agreement was in effect was to be invited to sign that Agreement.
  • 2.4 The person operating a new facility was expected to maintain emissions at or below that of other comparable facilities in operation before October 1, 2001 using best available techniques economically achievable.
  • 2.5 RCFmanufacturers and processors were to develop and promote a Product Stewardship Program for RCFs, communicating safety and environmental information to customers similar to the information provided by the Refractory Ceramic Fibers Coalition in the United States of America.

3.0 2002 Environmental Performance Agreement

The 2002 Environmental Performance Agreement established a framework to implement the recommendations of the Strategic Options Report on RCFs and additional requirements set out in section 4.2 of that Agreement.

Sampling was performed at all participating companies under a monitoring program using the following sampling and analytical procedures; NIOSH Method 7400, Asbestos and Other Fibres by PCM for ambient testing and Environment Canada method EPS 1-75-1, Standard Reference Method for Source Testing: Measurement of Emissions of Asbestos from Mining and Milling Operations, Method S-1 (modified). This sampling established current levels of process emissions and fenceline ambient levels of RCFs. The emission data was submitted to Environment Canada for review using the National Pollutant Release Inventory reporting format.

The monitoring showed that fenceline ambient levels of RCFs were very low to undetectable, and that stack emissions of RCFs had low fibre concentrations. In reviewing this data, Health Canada considered the public risk due to RCFs to be low.

The 2002 Environmental Performance Agreement was a 5-year agreement, but was re-negotiated in 2005 to include additional processors of RCFsidentified as meeting the criteria outlined in the 2002 Agreement. This Agreement also better defines the details of the Product Stewardship Program.

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4.0 Understandings

This 2006 Environmental Performance Agreement formally establishes a framework whereby:

  • 4.1 Companies involved in the manufacturing or processing of RCFs are invited to sign this Agreement if, for each facility, employees worked a total of 20,000 hours or more per year and RCFs were manufactured or processed in a quantity of 10,000 kilograms or more per year.
  • 4.2 Companies that will engage in manufacturing or processing of RCFs in Canada in the future and that meet the criteria will be invited to sign this Agreement.
  • 4.3 Environment Canada will evaluate the effectiveness of this Agreement with respect to the meeting of goals, milestones and performance requirements. If the goals, milestones and performance requirements of this Agreement are not being met, the Minister will then determine if further steps or programs are necessary. Industry will be provided an opportunity to justify its performance and help identify actions either undertaken or planned to achieve compliance with this Agreement.
  • 4.4 For companies that meet the criteria outlined under section 4.1 but do not participate in this Agreement, other options, including regulatory options such as targeting non participants in a Pollution Prevention Planning Notice under Part 4 of theCanadian Environmental Protection Act, 1999, will be considered.
  • 4.5 In the event of national environmental standards being developed in Canada for this toxic substance, this Agreement will be re-evaluated to ensure consistency with the standards.
  • 4.6 This Agreement is not intended to prevent the Federal Crown or her agents or servants from recommending or taking any regulatory or other measures necessary for the protection of the environment or human life or health, and nothing in this Agreement may be construed as having such preventing effect.
  • 4.7 The proposed Environmental Performance Agreement was posted for public consultation on Environment Canada's Environmental Performance Agreement Web site for 30 days. Written comments on this Agreement were considered by the parties before finalizing the Environmental Performance Agreement.

5.0 Performance Requirements

Manufacturers and Processors

  • 5.1 This Agreement will be in effect for a period of five (5) years from the date of signing. This Agreement cancels and replaces the 2002 Environmental Performance Agreement.
  • 5.2 The undersigned Canadian RCF manufacturer or processor will maintain emissions at or below the acceptable levels established under this Environmental Performance Agreement.

    • 5.2.1 The maximum allowed fenceline concentration is 0.05 fibre/cc.
    • 5.2.2 Measurements of fenceline RCF concentrations will be conducted annually for the duration of this Agreement by each of the undersigned, using the testing method stated in Section 5.2.6.
    • 5.2.3 Measurements which are below the detectable limit will be reported as "ND" for non-detectable and will be reported with the calculated detection limit.
    • 5.2.4 Any additions or substantial modifications to the process or control equipment will require fenceline monitoring within three (3) months and will be included in the annual report.
    • 5.2.5 Fenceline concentrations found to be above the maximum concentration specified in Section 5.2.1 will be corrected within six (6) months via the installation of adequate controls. Corrective actions will be documented within three (3) months.
    • 5.2.6 The acceptable method for fenceline testing shall be the same as was used for the 2002 Environmental Performance Agreement, NIOSH Method 7400, Asbestos and Other Fibres by PCM. The ambient air monitoring equipment will be situated near the boundary of each facility property. The monitoring locations shall be selected to ensure that the maximum potential ground level exposure is measured. In order to capture changing weather, a minimum of three samples shall be taken, two samples down wind and one sample upwind. All sampling will take place during production periods of normal operating capacity.
  • 5.3 The undersigned will establish and implement specific procedures to ensure:

    • 5.3.1 That pollution control equipment is regularly inspected at a frequency that is compatible with the failure rate and life of the filter, not exceeding four months,
    • 5.3.2 That repairs are undertaken in a timely manner to ensure that the operating efficiency of the pollution control equipment is not significantly impaired,
    • 5.3.3 That pollution control equipment is maintained in accordance to the manufacturer's recommendations to ensure the operating efficiency is not significantly impaired, and
    • 5.3.4 That all inspection and maintenance records are maintained for five years.
  • 5.4 The undersigned will participate in the Refractory Ceramic Fibers Coalition (RCFC) Product Stewardship Program (PSP). The PSP 2002 practices will be integrated into the management system used in the manufacturing and marketing of RCF products.

    • 5.4.1 The undersigned agree to adopt the key elements of PSP 2002, which include, but are not limited to, the use of engineering controls, handling practice modifications and personal protective equipment for the purpose of controlling exposure to airborne RCF.
    • 5.4.2 The undersigned agree to educate its employees and customers about PSP 2002, to disseminate guidance developed under PSP 2002, which include but are not limited to, correct handling practices, and to recommend support of this program to their customers.
    • 5.4.3 The undersigned agree to participate with site visits upon request by RCFC.
    • 5.4.4 The Minister may request a copy of the annual status report, entitled "A Voluntary Product Stewardship Program (PSP) for Refractory Ceramic Fibre (RCF)" from the RCFC, upon request.

  • 5.5 The undersigned will:

    • 5.5.1 Hold an Annual Management Review of RCF pollution control equipment and ensure that all identified corrective actions are being addressed.
    • 5.5.2 Complete the Refractory Ceramic Fibre Annual Report Form (Annex 2) as part of the annual management review and submit to Environment Canada by June 1 of each year. The report and associated results will be publicly posted on Environment Canada's Environmental Performance Agreement Web site.
    • 5.5.3 Agree to participate with Environment Canada to develop an acceptable verifiable audit process which is to be conducted during the third (3) calendar year of this Agreement. Environment Canada will review the audits to determine if the undersigned has complied with this Environmental Performance Agreement.

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Annex 1
Companies Participating in this Agreement

Canadian Ferro Refractories Inc. (Stoney Creek)
CFM Majestic Inc. (Mississauga)
FibreCast Inc. (Burlington)
Gemcast Manufacturing Inc. (Kitchener)
Pyrotek Inc. (Drummondville)
RHI Canada Inc. (Burlington)
Thermal Ceramics, a division of Morganite Canada Corporation (Burlington)
Tremco Canada Division, RPM Canada (Toronto)
Wolf Steel Ltd. (Barrie)

Annex 2
Environmental Performance Agreement for Refractory Ceramic Fibres

Annual Report

1. Company Identification

Company name and address:
Contact name, title, telephone and fax numbers:
Reporting Year:

2. Fence Line Monitoring

Monitoring Results:

These tables are examples of the format to use for reporting data. There currently are no data in the tables.

Fence Line Monitoring Results
Monitoring DateMonitoring MethodMonitoring LocationRCF Concentration Level (including units)
    
    
    

Corrective Actions (if required):

Fence Line Monitoring Corrective Actions (if required)
Emission sourceAction DateCorrective Action Taken
   
   

3. Management Review of RCF Emission Controls

Has a management review been conducted:
Yes __ No __ If no, please comment.

Were any corrective actions necessary based on monitoring results?
Yes __ No __

If corrective actions were necessary, were all required corrective actions identified and implemented:
Yes __ No __ If no, please comment.

Was there regular inspection, at least every four months, of all pollution control equipment?
Yes __ No __ If no, please comment.

Were any corrective actions necessary based on equipment inspection?
Yes __ No __

If corrective actions were necessary, were all required corrective actions identified and implemented:
Yes __ No __ If no, please comment.

Was a verifiable audit conducted this year: Yes __ No __

Is a copy of the Audit Report attached: Yes __ No __
Comments:

4. Product Stewardship Program

Provide a brief description of the Product Stewardship Program elements that were adopted this year as well as the resulting activities.

I declare that this report does not contain false or misleading information.

______________________
Signature of person submitting this report or person authorized to act on behalf of person submitting this report

______________________
Date, place