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Consultations

Proposed Environmental Performance Agreement

Performance Agreement to Control, Monitor and Minimize the Release of Decabromodiphenyl Ether Commercial Mixture (DecaBDE) from Canadian Facilities Where DecaBDE is Used or Handled

Between
Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment, and the Minister of Health
And
The Bromine Science and Environmental Forum, a scientific and advocacy association of the major producers of a variety of bromine-based products. It is a non-legal entity.
And
Participating Companies


1.0 Purpose
2.0 Parties and Legal Status
3.0 Duration, Amendment
4.0 Objectives and Requirements
5.0 Roles and Responsibilities
6.0 Verification
7.0 Acknowledgements and Failure to Implement
8.0 Availability of Agreement and Information
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5

WHEREAS

I. The Minister of the Environment and the Minister of Health have determined that polybrominated diphenyl ethers (PBDEs), which include tetraBDE, pentaBDE, hexaBDE, heptaBDE, octaBDE, nonaBDE and decaBDE, are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, under paragraph 64(a) of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

II. The Government of Canada wishes to minimize the release of PBDEs into the environment from all sources in Canada.

III. The Government of Canada published the Polybrominated Diphenyl Ether Regulations (PBDE Regulations) in the Canada Gazette, Part II, on July 9, 2008. The Regulations (i) prohibit the manufacture of tetraBDE, pentaBDE, hexaBDE, heptaBDE, octaBDE, nonaBDE and decaBDE congeners, and; (ii) prohibit the use, sale, offer for sale and import of tetraBDE, pentaBDE, and hexaBDE congeners, and mixtures, polymers and resins containing these substances, and prohibit the manufacture of these mixtures, polymers and resins. The Government of Canada is also developing regulations to address PBDEs in manufactured products.

IV. The Minister of the Environment and the Minister of Health recognize voluntary actions of industry as an efficient means to achieve environmental objectives that can successfully complement regulatory initiatives.

V. The Bromine Science and Environmental Forum (BSEF) is a scientific and advocacy association of the major producers of a variety of bromine-based products. BSEF has developed codes of practice1 under the Voluntary Emissions Control Action Programme (VECAP), to minimize industrial releases of DecaBDE from the plastics and textiles sectors. The companies using DecaBDE who are participants in this Agreement have committed to adopt these codes of good practice to ensure that effective stewardship practices are in place at Canadian plastics and textiles facilities in order to minimize and prevent the release of DecaBDE into the environment. DecaBDE is an industrial flame retardant, primarily used in the plastics and textiles sectors. The participating companies either use or handle DecaBDE in Canada and have agreed to implement the stewardship program at each of their facilities.

VI. This Agreement was developed in consultation with Health Canada, Industry Canada, industry associations and participating companies, and a proposed Agreement was posted on Environment Canada’s CEPA Registryand the Performance Agreements website from March 28, 2009 to May 28, 2009 for public comment.2

Therefore, the Parties agree as follows:

Definitions:

For the purpose of this Agreement, the following definitions apply:

DecaBDE3a

The typical composition of the commercial mixture referred to as “DecaBDE” supplied in Canada is 97 - 98% decabromodiphenyl ether (decaBDE) with 0.3 - 3% of other brominated diphenyl ethers, mainly nonabromodiphenyl ether, and less than 0.1% of lower brominated congeners, which are impurities in the technical mixture.

decaBDE3b

The chemical decaBDE is a fully brominated PBDE congener (containing 10 bromine molecules), also known as BDE 209; CAS number 1163-19-5.

Code of Good Practice

A “code of good practice” includes any of the following pertaining to the appropriate industry sector:

  1. “A Code of Good Practice for the Use of the Flame Retardant Decabromodiphenyl Ether (Deca-BDE) in Textiles Applications”, developed by the BSEF and the British Textile Finishers Association.

  2. “A Code of Good Practice for the Use of the Flame Retardant Decabromodiphenyl Ether (Deca-BDE) in the Plastics Sector”, developed by the BSEF and the British Plastics Federation.

  3. Another program, management system or code of good practice that is demonstrated and accepted by the parties of this agreement to be effective in minimizing or preventing the release of PBDEs into the environment.

Corrective Action

  • Action or steps taken to eliminate the cause of a detected nonconformity or other undesirable situation, to make quality improvements.

Facility

  • A facility is a plant or industrial setting at which DecaBDE is used or handled. It is understood that a company may have more than one facility.

BACKGROUND:

Pursuant to recommendations made by the Minister of the Environment and Minister of Health, on December 27, 2006, PBDEs that have the molecular formula C12H(10–n)BrnO in which 4≤n≤10 were added to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999. From the seven congener groups listed on Schedule 1, two make up the majority of the DecaBDE commercial mixture, i.e., decaBDEand nonaBDE (see Definitions).

To address concerns raised in the Screening Assessment Report published in June 20064 it is prudent to minimize emissions of DecaBDE to the environment from all sources, including industrial sources.

Most DecaBDEis used as a flame retardant to a large extent in high-impact polystyrene (HIPS), and to a lesser extent in other polymers such as polypropylene, polyethylene, engineering plastics like nylon, polyesters, and acrylonitrile butadiene styrene (ABS).

Usage of DecaBDE is mainly in electrical and electronics equipment (E&E) (televisions and audio equipment), in communications and office equipment (copiers, fax machines and mobile phones), in transportation (seats in cars and public transport vehicles), in cable and wire (coatings and insulation) and in construction material (insulation products).

The commercial mixture DecaBDE is an additive powder that may be compounded or mixed with resins to make flame retardant plastics, or formulated into a latex dispersion to be back coated onto non-apparel textiles or fabrics, to create a product with the required flame resistance.

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1.0 Purpose

The purpose of this Agreement is to ensure that releases of DecaBDE into the Canadian environment from industrial sources are monitored and minimized.

2.0 Parties and Legal Status

  • 2.1 This Agreement is between Her Majesty the Queen in Right of Canada as represented by the Minister of the Environment and the Minister of Health, the BSEF, and each company who has signed a commitment form (Appendix 1) and is thereby a signatory to this agreement (herein called a “Participating Company”). An Agreement is made with each Participating Company upon signature by the Minister of the Environment, the Minister of Health, the Chair of the BSEF, and the Participating Company, collectively referred to herein as the Parties. Each Participating Company agrees to abide by the terms and conditions of this Agreement, regardless of whether other companies are signatories. Environment Canada, Health Canada, the BSEF and participating companies shall collectively be referred to herein as “the Parties”. Roles and responsibilities of the Parties are outlined in section 5.0.

  • 2.2 This Agreement establishes a framework whereby any company that uses or handles DecaBDE in Canada may become a Participating Company.

  • 2.3This Agreement is applicable to any Canadian facility that thermally or mechanically disperses or compounds DecaBDE powder into polymeric materials to produce a flame resistant compound or master batch, or produces or applies a solvent based dispersion of DecaBDE onto textile materials.

  • 2.4 Upon signing this Agreement, and for as long as it remains in effect, participating companies agree to control, monitor and minimize releases of DecaBDE into the Canadian environment, by implementing the code of good practice at their facilities, and by reporting their baseline releases, annual releases, activities and reductions in their releases of DecaBDE to Environment Canada.

  • 2.5 Any new and existing companies that meet the criteria in subsection 4.1 or that may in the future use, sell, offer for sale or import DecaBDE in Canada will be encouraged to take the proper steps to participate in this Agreement. To participate in this Agreement, an original signed copy of Appendix 1 must be sent by registered mail to the Executive Director, Chemical Management Division, Environment Canada, at 351 St. Joseph Blvd., 17th Floor, Gatineau, QC K1A 0H3.

  • 2.6 This Agreement does not and is not intended to create legally binding obligations among the Parties and is not legally enforceable by any Party, nor does it constitute any admission of liability by any of the Parties.

  • 2.7 Nothing in this Agreement precludes the federal government from taking any future legislative or regulatory action or measure it deems warranted.

  • 2.8 Nothing in this Agreement precludes a Participating Company from implementing any additional environmental measures.

  • 2.9 The Parties acknowledge that the application of this Agreement will not result in any form of financial compensation from the federal government.

  • 2.10 Adherence to this Agreement does not in any way exempt any Participating Company from complying with any and all applicable laws and regulations.

3.0 Duration, Amendment

  • 3.1 This Agreement comes into effect on, and will remain in effect for a period of 5 years from the date on which it is signed by the Minister of the Environment and the Minister of Health, except in the event of amendment or termination of this Agreement as specified in subsections 3.2 and 3.3 below. This Agreement will be reviewed annually to ensure the meeting of the objectives and requirements as described in Sections4, 5 and 6, and before it expires. The Agreement may be amended, terminated or renewed with the written consent of all Parties.

  • 3.2 The Parties may agree to amend this Agreement at any time. To be valid, any amendments must be in writing and must be signed by the Minister of the Environment, the Minister of Health and the BSEF.

  • 3.3 Parties to this Agreement that no longer wish to participate in the Agreement may notify Environment Canada by letter to the address listed above in subsection 2.5 indicating the reasons why they will no longer be participating in the Agreement, including reasons why this Agreement is not applicable to their operations or why they do not meet the participation criteria described in subsection 2.3 of this Agreement. Environment Canada may notify the Parties that it intends to terminate this Agreement before it expires, and terminate the Agreement, if the objectives and requirements are not being met.

4.0 Objectives and Requirements

  • 4.1 Objectives

    For Canadian facilities that use or handle DecaBDE the objectives are to:

    1. Demonstrate early, voluntary risk management action to control releases of DecaBDE by implementing a code of good practice at each of their facilities.

    2. Control, monitor and minimize releases of DecaBDE at each of their facilities.

    3. Document reductions of DecaBDE releases into the Canadian environment at each of their facilities and to report the releases of DecaBDE annually to Environment Canada.

  • 4.2 Reporting and Availability of Results

    • 4.2.1 Baseline Report:

      Each Participating Company must submit a baseline report, as outlined in Appendix 2 of this Agreement (“Baseline Report”), by December 15, 2009. Any new Participating Company who enters into this Agreement after 2009, must submit a Baseline Report by December 15 of the year in which it signs the Agreement.

    • 4.2.2 Annual Report:

      Each Participating Company must submit an annual report, as outlined in Appendix 3 of this Agreement (“Annual Report”), by December 15 of every year this Agreement is in effect, plus one year. The obligation to report information for the year following the year in which this Agreement expires will survive the expiration of this Agreement.

    • 4.2.3 Should online reporting become available, participating companies will be encouraged to submit their annual reports to Environment Canada online rather than in paper format or by e-mail.

    • 4.2.4 A consolidated summary of the results collected in participating companies’ annual reports will be published on Environment Canada’s Performance Agreements website and will be accessible through the Government of Canada’s Chemical Substances website.

  • 4.3 Performance Requirements, Targets and Timelines

    To ensure the meeting of the objectives, the following paragraphs establish targets, timelines and performance requirements under this Agreement. The targets and timelines established in this Agreement are based on the results of emissions reductions data gathered from the implementation of the VECAP program in Europe.

    Baselines for the plastics and textiles sector will be established from total releases reported by individual facility Baseline Reports.  All targets below are intended to be measured against total sector emissions, rather than on an individual facility basis, which will allow an understanding of the opportunities each sector has to minimize emissions.

    • 4.3.1 Within 12 months after this Agreement comes into effect:

      1. At least 80% of users of DecaBDE in Canada will sign this Agreement and become a Participating Company.

      2. Each Participating Company will:

        1. utilize the code of good practice and available emission estimates to calculate baseline emissions for the facility in accordance with Environment Canada’s reporting requirements, and provide a Baseline Report to Environment Canada, in accordance with paragraph 4.2.1 of this Agreement. The baseline year for participating companies in this Agreement will be 2007, with the exception of any new Participating Company who joins this Agreement after 2009. The baseline for each Participating Company that joins this Agreement after 2009 will be evaluated and reported in the same manner described above within the first year that the company enters into this Agreement.

        2. implement a code of good practice at each of their facilities.

    • 4.3.2 Within 24 months after this Agreement comes into effect:

      1. participating companies will measure their releases of DecaBDE in accordance with the code of good practice and Environment Canada’s reporting requirements, and submit their first Annual Report to Environment Canada, in accordance with paragraph 4.2.2 of this Agreement.

      2. participating companies in the plastics sector will aim to reduce overall releases of DecaBDE by at least 40 percent from the baseline established for the sector.

      3. participating companies in the textiles sector will aim to reduce overall releases of DecaBDE by at least 50 percent from the baseline established for the sector.

    • 4.3.3 Within 36 months after this Agreement comes into effect:

      1. participating companies will continue to provide their annual reports to Environment Canada, in accordance with paragraph 4.2.2 of this Agreement.

      2. participating companies in the plastics sector will aim to reduce overall releases of DecaBDE by at least 60 percent from the baseline established for the sector.

      3. participating companies in the textiles sector will aim to reduce overall releases of DecaBDE by at least 70 percent from the baseline established for the sector.

      4. independent verification audits of participating companies’ facilities will begin. In conducting verification audits, verifiers will complete a verification report for each facility, which identifies any “corrective actions” or improvements necessary in the implementation of the code of good practice, to the Parties of this Agreement, and the facilities will begin to implement these corrective actions. Environment Canada will follow up with participating companies that require corrective action to verify that corrective actions have been implemented.

    • 4.3.4 Within 48 months after this Agreement comes into effect:

      1. participating companies will continue to provide their annual reports to Environment Canada, in accordance with paragraph 4.2.2 of this Agreement.

      2. participating companies in the plastics sector will aim to reduce overall releases of DecaBDE by at least 70 percent from the baseline established for the sector.

      3. participating companies in the textiles sector will aim to reduce overall releases of DecaBDE by at least 80 percent from the baseline established for the sector.

    • 4.3.5 Within 60 months after this Agreement comes into effect:

      1. participating companies will continue to provide their annual reports to Environment Canada, in accordance with paragraph 4.2.2 of this Agreement.

      2. Environment Canada will evaluate the overall effectiveness of this Agreement, by measuring indicators that may include, but are not limited to, the following:

        1. the participation in the Agreement;
        2. the implementation of a code of good practice by participating companies;
        3. the participating companies’ measurements and reports of baseline and annual emissions and releases to Environment Canada;
        4. timeliness and completeness of reporting by the participating companies;
        5. results of verification and implementation of corrective action, and;
        6. reduction in the releases of DecaBDE into the environment.

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5.0 Roles and Responsibilities

  • 5.1 Environment Canada agrees to:

    1. monitor progress under this Agreement, and oversee the administration of this Agreement, including public reporting of results achieved. Environment Canada may provide copies of reports obtained under this Agreement to Health Canada for review;

    2. review the results or findings of the verification;

    3. collect and compile annual reports and post a summary of progress made under this Agreement, updated from time to time, on its website;

    4. monitor the effectiveness of this Agreement following the year of the first target with respect to the participation of companies and their submission of a baseline report. If the performance requirements of this Agreement are not being met or were not met, the Minister of the Environment may determine whether further steps or programs are necessary;

    5. contact in writing one or more of the Parties or participating companies to this Agreement, if the objectives or performance requirements of this Agreement are not being met;

    6. evaluate any standard analytical techniques or estimation methods that are developed to measure the quantity of DecaBDE released and recommend that a specific method be used for the purposes of measuring and reporting releases of DecaBDE under this Agreement, and;.

    7. evaluate the overall Agreement and produce a final report, following the completion of this Agreement.

  • 5.2 Health Canada agrees to:

    1. review annual reports and provide comments if necessary.

    2. review the results or findings of the verification.

  • 5.3 Participating Companies

    Each Participating Company agrees to:


    1. take all steps to implement (or exceed) the requirements of the code of good practice within 12 months of signing this Agreement and ensure compliance with the objectives and performance requirements for the duration of this Agreement;

    2. maintain records, reports and documentation such as training records, procedures, estimation calculations, analytical reports, data or other information supporting the results provided in annual reports and on the implementation of the code of good practice;

    3. participate in a verification program described in section 6 through an independent third party verifier;

    4. complete follow-up corrective actions identified through the verification program, and;

    5. ensure the transparency of monitoring and reporting requirements for DecaBDE, including submitting baseline data, maintaining documentation, and submitting a report, on an annual basis, as required under subsection 4.2 of this Agreement.

  • 5.4 The Bromine Science and Environment Forum (BSEF) agrees to:

    1. adapt a code of good practice to meet the requirements of member industries in different industrial settings;

    2. promote the code of good practice to new participating companies as well as non BSEF members;

    3. establish an information and support centre for their members and a point of contact, and maintaining the confidentiality of any information perceived to be proprietary in nature;

    4. assist in implementation of the code of good practice;

    5. develop a system to begin certification of good performance among participating companies;

    6. work with participating companies to initiate and conduct a verification program described in section 6, through an independent third party verifier;

    7. facilitate the monitoring and reporting requirements for DecaBDE, including submitting baseline data, maintaining documentation, submitting an annual report of the releases of DecaBDE into the Canadian environment;

    8. share best practices for environmental stewardship to control, monitor and minimize releases of DecaBDE into the Canadian environment, and;

    9. select and pay for a third party, independent verifier.

6.0 Verification

  • 6.1 Verification Protocol: In order to ensure that participating companies comply with all aspects of the Agreement, a verification protocol has been developed and is described in Appendix 4 of this Agreement. Each Participating Company will be verified between year 3 and year 4 of this Agreement by a third party verifier as described in Appendix 4.

  • 6.2 Selection of Verifier and Verifier Requirements: Within 18 months of the effective date of this Agreement, the BSEF will select a third party verifier, in consultation with Environment Canada.

  • 6.3 Verification Timelines, Reports and Follow-up: Within 24 months of the effective date of this Agreement, the verifier will present to EC the detailed verification procedure, as described in Appendix 4. The verifier will inform Environment Canada and the participating companies of the results of the verification report within two months after the verification process is complete.

    • 6.3.1 The verifier will provide Environment Canada and each Participating Company with a copy of the final verification report, using the template provided in Appendix 5 as an example, summarizing the results of their verification, including any identified corrective actions that require attention and a timeline for their completion.

    • 6.3.2 Any deficiencies or items that require attention to be in compliance with the code of good practice during the verification process will be documented on a corrective actions report. Companies that need to implement corrective actions will be contacted by Environment Canada in order to verify that the actions have been completely implemented.

    • 6.3.3 The lead verifier will create a summary of the verification results, which will be provided to Environment Canada at the annual review, for posting on Environment Canada’s website, with or without identifying the individual facility.

7.0 Acknowledgements and Failure to Implement

Companies that are in compliance with this Agreement may be able to qualify for certification of environmental performance with this initiative by BSEF or their Association. Non-performance or failure to implement the objectives or performance requirements of this Agreement will be followed up with on an individual basis and through the review and evaluation process established under this Agreement.

8.0 Availability of Agreement and Information

A final copy of this Agreement, the List of Participating Companies (Appendix 1) updated as required, and information related to this Agreement will be available on Environment Canada’s website.

Information exchanged by the Parties under this Agreement is understood to be of a public nature unless it is expressly identified as confidential business information. A request for confidentiality may be submitted by a Party or Participating Company under this Agreement to Environment Canada. The request should specify which parts of the information (e.g. phrases, tables, data, and names) should be treated as confidential business information, and the reason for the request. 

Prior to their publication, Environment Canada will provide a draft copy of the progress reports and final report to the Industry Working Group for review, where the Industry Working Group includes CPIA (Canadian Plastics Industry Association), and BSEF members.

Any notices or reports to be given to Environment Canada under this Agreement must be sent to the Executive Director, Chemicals Management Division, Environment Canada, by facsimile at 819-994-0007, or by registered mail at 351 St. Joseph Blvd., 17th Floor, Gatineau, QC K1A 0H3.

SIGNED FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT AND THE MINISTER OF HEALTH

By Cynthia Wright, Acting Assistant Deputy Minister, Environmental Stewardship Branch, Environment Canada

SIGNATURE:

DATE:

And by Karen Lloyd, A/Director General, Chemicals Management Directorate, Health Canada

SIGNATURE:

DATE:

SIGNED FOR THE BROMINE SCIENCE AND ENVIRONMENTAL FORUM

By Name, Chair

SIGNATURE:

DATE:

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Appendix 1: Participating Company Commitment Form 

By signing and dating Appendix 1, the company/companies and/or facility/facilities listed below:

  • agree(s) to fully implement a Code of Good Practice for the use of the Flame Retardant DecaBDE;

  • agree(s) to participate in the Environmental Performance Agreement (“Agreement”) respecting DecaBDE by respecting the terms, specifically the objectives and requirements of this Agreement, which include monitoring, reporting and participating in verification activities, for as long as the agreement remains in effect.

Company / Facility Name:

Company / Facility Address:

Authorized by:

_________________________
Name (print)

_________________________
Title

_________________________
Signature

_________________________
Date


N.B.

Companies with more than one facility have the choice of providing a separate commitment form for each facility, each signed by an appropriate manager at that facility, or providing one form with all facilities listed in the table above (append list of facilities if more space is needed).

The baseline report, annual reports and verification must be completed on a facility basis.

Request for Confidentiality
__ I would like my company / facility name(s) kept confidential.
__ I would like my company / facility recognized as a participant in this agreement.

Send to: Executive Director, Chemical Management Division, Environment Canada, at 351 St. Joseph Blvd., 17th Floor, Gatineau, QC K1A 0H3.

Appendix 2: Baseline Report for All Participating Companies

Request for Confidentiality
__ I would like my company / facility name(s) kept confidential.
__ I would like my company’s purchased volumes, product uses and emissions data kept confidential.
__ I would like my company / facility recognized as a participant in this agreement.

SECTOR (CIRCLE ONE):

  • PLASTICS
  • TEXTILE
  • OTHER*

    *If OTHER, please explain:

BASELINE REPORT FOR YEAR:
(To be submitted by December 15 in year 1 of joining the Agreement)

Company Identification:

Name of Company and Location:

Name of Facility:

Facility mailing address:

Contact Person and Title (this form to be completed by senior manager):

Telephone number (+ area code):

E-mail and fax (if available):

Baseline information about Decabromodiphenyl ether (DecaBDE):

1. Annual amount purchased (powder) (kg):

2. Type, size and number of container(s) purchased:

3. How do you use DecaBDE at your facility?

4. How do you handle waste containing DecaBDE at your facility?

5. How do you handle waste water at your facility?

6. Estimated baseline emissions (kg):

  • Total release:
  • Type and quantity of release: 
    • Air:
    • Water:
    • Disposed off site:
    • Disposed on site:
    • Other:
  • Date baseline determined:

Baseline calculation method used (append or use other side of report if more space is needed):

Comments (attach further information if needed):

I declare that this report is accurate and complete.

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

_________________________
Name, title (print)

_________________________
Date, place

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Appendix 3: Annual Report for Participating Companies

Request for Confidentiality
__ I would like my company / facility name(s) kept confidential.
__ I would like my company’s purchased volumes, product uses and emissions data kept confidential.
__ I would like my company / facility recognized as a participant in this agreement.

SECTOR (CIRCLE ONE):

  • PLASTICS
  • TEXTILE
  • OTHER*

    *If OTHER, please explain:

ANNUAL REPORT FOR YEAR:

Company Identification:

Name of Company and Location:

Name of Facility:

Facility mailing address:

Contact Person and Title (this form to be completed by senior manager):

Telephone number (+ area code):

E-mail and fax (if available):

1. Annual amount purchased (powder) (kg):

2. Type, size and number of container(s) purchased:

3. Estimated annual release / emission (kg):

  • Type and quantity of release:
    • Air:
    • Water:
    • Disposed off site:
    • Disposed on site:
    • Other:

4. Change from baseline (kg):

  • increased by:
  • decreased by:

5. Reason(s) for change (e.g. pollution prevention practice, no longer producing the product, switched to alternative flame retardant, production increase, etc.)

6. Measurement method used (append information if needed)

7. Implementation of a code of good practice for DecaBDE

How do you use DecaBDE at your facility?

How do you handle waste at your facility?

How do you handle waste water at your facility?

Has the code of good practice been fully implemented?

Indicate (with a check mark) which parts of the code of good practice have been fully implemented:

  1. __ powder usage practices
  2. __ staff training
  3. __ MSDS and code available on site
  4. __ workplace procedures for washing, etc.
  5. __ storage procedures
  6. __ handling guidelines and procedures
  7. __ product purity specified when purchasing
  8. __ good housekeeping and a clean workplace, including:
    • __ designated storage facilities available
    • __ Deca-BDE waste designated, labelled and disposed of as chemical waste
    • __ protective clothing available for employees and possible emergencies
  9. __ measuring, recording and tracking product, stock, waste, mass balance, etc.
  10. __ procedures to reduce emissions of DecaBDE to air
  11. __ management of other wastes containing BDE
  12. __ quality control samples collected and stored as chemical waste
  13. __ notification procedures (e.g. inform management) for system, water, cooling water leaks
  14. __ prevention and response procedures for any product or cooling water leaks
  15. __ other:

Comments (further information may be included or appended):

I declare that this report is accurate and complete.

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

_________________________
Name, title (print)

_________________________
Date, place

Appendix 4: Draft Verification Protocol Description

Purpose and Objectives:
The purpose of verification is to verify that participating companies are complying with this Agreement. The objectives are to confirm that companies have implemented the code of good practice and to verify the reports and submissions made under this Agreement.

Type of Verification
Verification will be performed by an independent third party who is a certified environmental auditor (“verifier”).

Verifier(s) Qualifications
The verifier must be a certified environmental auditor, with a thorough understanding of the Agreement and the verification program, and must respect any confidentiality requirements. The verifier must be qualified and have appropriate work experience, and/or knowledge to conduct the verification and gather and maintain the necessary documentation.

Verification Process
The verifier will present a detailed verification process or procedure, which may include:

  1. verification schedule;
  2. members, observers or participants in the verification (e.g. facility managers);
  3. information to be verified (e.g. documentation, other), including:
    • Product MSDS and code of good practice (e.g. instructions) available on site.
    • Training of Staff (e.g. test awareness, understanding, application of practices, procedures);
    • Senior management support (check signing party is authorized person, support provided for implementation, management review of actions, etc.);
    • Proper storage and handling procedures;
    • Good housekeeping, facility cleanliness, etc.;
    • Workers’ issues (protective clothing, industrial hygiene, procedures, equipment maintenance, etc.);
    • Record-keeping (invoices, receipts, training and testing records, etc.);
    • Measurement and reporting information (mass balance calculation accurate, annual reports), and;
    • Waste management (e.g. proper procedures by waste type, authorized haulers).
  4. verification report form or template(s) to gather information;
  5. communication of verification results and the verification report(s);
  6. process for following up on identified corrective actions, suggested timelines required to complete corrective actions, providing feedback and recommendations for promoting continual improvement, and;
  7. methods and samples to be collected, using agreed upon calculation and estimation methods, accredited laboratories for analysis of samples, etc.

The verification should include:

  • Document review
    Before, during and after the on-site visit, documents will be gathered and information verified that substantiate compliance with the Agreement by each Participating Company.

  • On-site visit
    The verifier will schedule a time to audit each company. It is expected that each verification may take approximately 1/2 a day. During the visit, the verifier will meet with at least one company official, gather the necessary information and verify that the Agreement’s objectives are being met. On-site activities will include the review of data, cross-checking of documented information (including equipment maintenance records and management review documentation) against on-site observations, inspections of equipment, observations of employees’ knowledge of the code of good practice, procedures, management systems and other pertinent information.

  • Verification Report
    A verification report form (see sample Appendix 5) will be completed during the visit. The form will cover the verifiable elements of the code of good practice. The verification report form will include any follow-up and corrective actions to be done by the company, with timelines and instructions. Each company will receive a copy of the verification report. Another copy including raw data will be sent to Environment Canada for filing purposes and will be treated as confidential.

  • Public Report
    Environment Canada will review and summarize the individual company verification reports, into a public report. The information contained in the public report will be general in nature, will not be attributed to any specific company or activity, and will be posted on Environment Canada’s website as part of the report on progress for this Agreement.

  • Follow-up on Corrective Action
    Environment Canada will call or write to follow up with companies where corrective action has been identified, to ensure that corrective actions have been taken and are completed.

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Appendix 5: Sample5 Verification Report Form

Name of Facility:
Address:

Tel:
Fax:

Name of Verifier(s):
Address / Contact Information:

Tel:
Fax:

Date of Verification:

Date last annual report submitted:

A. Documentation is available on:

  • x: Yes __ No __ Type / Comments:
  • y: Yes __ No __ Type / Comments:
  • z: Yes __ No __ Type / Comments:

B. On-site visit:

  • Include list of verifiable elements here
  • x
  • y
  • z
  • Comments:

C. Follow-up and corrective actions:

  • x: Description of activities:
    To be completed by (date):

  • z: Description of activities:
    To be completed by (date):

D. General comments and recommendations:

_________________________
Signature of Verifier

_________________________
Date of Report

_________________________
Signature of Company Representative and/or
Senior Management Representative

_________________________
Date


1 The British Plastics Federation and the Bromine Science and Environmental Forum developed A Code of Good Practice for the Use of the Flame Retardant Decabromodiphenyl ether (Deca-BDE) in the Plastics Sector. A similar voluntary code of practice was developed jointly by the British Textile Finishers Association and the BSEF entitled A Code of Good Practice for the Use of the Flame Retardant Decabromodiphenyl ether (Deca-BDE) in Textile Applications.

2 This paragraph has been written to reflect future conditions anticipated at the time of signing the Agreement.

3 For the purposes of this document, the PBDE commercial mixture is capitalized to distinguish from the congeners it contains (i.e. “DecaBDE” vs. “decaBDE”).

4 The Screening Assessment Reports for this substance are available on theCEPA Registry website.

5 This form is a sample and contains the minimum information requirements. It is recognized that the verifier may develop his or her own template.