Implementation guidelines for Environmental Emergency Regulations: chapter 1

4.0 E2 regulations - am I regulated?

This section is designed to help you determine whether the Environmental Emergency Regulations (E2 regulations) apply to you. It explains E2 regulations compliance requirements and exceptions. You can use the quick reference diagram in this section to help identify which E2 regulations requirements apply to you.

For further guidance on some specific E2 regulations issues, Environment and Climate Change Canada has created an information section that contains frequently asked questions and answers, fact sheets, and other related information.

Who is subject to the E2 regulations?

The E2 regulations apply to any person who owns or has the charge, management or control of a listed substance that is at or above the quantity set out in column 3 of Schedule 1 of the E2 regulations at any time during a calendar year (see subsection 3(1) of the E2 regulations).

4.1 Application of the E2 regulations

Requirement for an E2 plan

You must prepare, implement and test an E2 plan if:

1. your facility has a substance listed in column 1 of Schedule 1 of the E2 regulations (except for substances in paragraph 4(1)(b) of the E2 regulations) and:

• the total quantity of the substance on site equals or exceeds the threshold size (listed in column 3 of Schedule 1); and
• the substance is stored in a container that has a maximum capacity equal to or above the threshold stipulated;

OR

2. your facility has a substance in column 1 of Part 1 of Schedule 1 and is a component in a mixture, other than a mixture that is a substance set out in column 1 of Schedule 1, and

• the mixture is in a quantity that is equal to or exceeds 4.5 tonnes, and
• the mixture is in a storage container that has a maximum capacity equal to or exceeding 4.5 tonnes

Requirement for a notice of identification of substance and place

You must submit to the Minister a notice of identification of substance and place if, at your facility,

• the total quantity of the substance on site equals or exceeds the threshold quantity
• or
• the substance is in a quantity that is greater than zero and is stored in a container with a maximum capacity equal to or above the threshold

To calculate substance quantities and container capacity, please see Appendix 5.

The E2 regulations apply to the substances listed in parts 1, 2 and 3 of Schedule 1 of the regulations. These substances may be present either in their pure form, or in mixtures in which the substance’s concentration is equal to or greater than the applicable concentration set out in column 2 of Schedule 1. Please see the exemptions of section 2 of the E2 regulations.

The substances in Schedule 1 of the E2 regulations are considered hazardous for their flammability, inhalation toxicity, aquatic toxicity, persistence, bioaccumulation and carcinogenicity or a combination of these criteria. In order to determine the threshold quantity, all criteria were taken into account and the lowest threshold quantity was used. Please see Appendix 9.

Important: So you do not meet the criteria for creating an emergency plan. Environment Climate Change Canada strongly recommends that you create an emergency plan voluntarily, even if you are not obliged to do so by the requirements of the E2 regulations.

For an easier understanding of the E2 regulations, consult the Environmental Emergency Regulations - Quick Reference diagram below. Thediagram summarizes the steps you need to take for compliance. Note, however, that the E2 regulations remain the official document with respect to securing full compliance.

4.2 E2 regulations requirements

4.2.1 Notices / reports / certification

The E2 regulations require that the information in Appendix 2 of the implementation guildelines be sent to the Minister. This information is required to inform the Minister that E2 plans prepared by regulatees contribute to the management of risks to the environment and human health from CEPA-regulated hazardous and toxic substances. Note, however, the actual environmental emergency plans themselves prepared under the E2 Regulations are not submitted to Environment Canada unless requested.

Environmental emergency plans must be readily accessible to the individuals who are to carry out the plan in the event of an environmental emergency as stated in section 6(2) of the regulations. If regulated substances are kept at unmanned facilities that are subject to the regulations, a copy of the plan need not be held at the place itself. However, in such cases, Environment Canada recommends that a sign be posted at unmanned facilities indicating the telephone number to call in case of an emergency.

E2 regulatees may be required to submit to the Minister the different types of notices, reports and certification described below.

1. Notice of identification of substance and place (Schedule 2 of the E2 regulations)

Regulatees are required to identify the quantity and location of the substances, as well as the maximum capacity of the single largest container in which each substance is stored.

Regulatees must file the notice within 90 days after the later of

1. the day on which the Regulations come into force
2. the day on which the quantity first equals or exceeds the threshold quantity for any substance(s) set out in Schedule 1 of the E2 regulations; or the day on which the maximum capacity of the single largest container in which the substance is stored first equals or exceeds the threshold quantity for any substance(s) as set out in Schedule 1 of the E2 regulations

In relation to this notice, the regulatee must also notify the Minister of:

• Within 60 days after
  • any change to the information submitted in the notice of identification of substance and place regarding the identification of the place, ownership, responsible manager, etc., or
  • any increase of 10% or more in the maximum quantity of a substance previously reported
• Within 90 days after
  • any decrease, for 12 consecutive months, below the threshold quantity set out for a substance in column 3 of Schedule 1, of the substance located at the place, or
  • any decrease, for 12 consecutive months, below the maximum capacity of the largest container in which the substance is stored set out for the substance in column 3 of Schedule 1
• Within at least 30 days before, or as soon as feasible in the case of extraordinary circumstances such as fire, major accident, vandalism, natural disaster or terrorism (Schedule 6 of the E2 regulations)
  • the closure or decommissioning of the facility or place

2. Report on the E2 plan preparation(Schedule 4 of the E2 regulations) This report provides information on the prepared E2 plan.

The report must be submitted within 6 months after the later of

1. the day on which the E2 regulations come into force
2. the day on which both the quantity of the substance and maximum capacity of the single largest container in which the substance is stored first equal or exceed the threshold quantity for that substance as set out in Schedule 1 of the E2 regulations

3. Notice of implementation and testing(Schedule 5 of the E2 regulations) This notice states that the implementation and testing of the E2 plan have been completed.

The notice must be filed within one year after the later of

1. the day on which the E2 regulations come into force
2. the day on which both the quantity of the substance and maximum capacity of the single largest container in which the substance is stored first equal or exceed the threshold quantity for that substance as set out in Schedule 1 of the E2 regulations

4. Signed certification (Schedule 3 of the E2 regulations) This certification must be sent to the appropriate Environment Canada regional office at the same time as the person is submitting the other information required by the E2 regulations.

Important: Do you own several facilities? You must submit separate notices, reports and certifications for each facility.

Environment and Climate Change Canada (ECCC) requests that a paper copy of submitted notices or reports along with a signed certification be sent to the appropriate Environment Canada regional office (see Table 2 in Appendix 4 for contact information). To fill in the paper copy, regulatees may use ECCC’s online database to print off the electronic submission forms. Information submitted electronically is not official until the paper copy and the signed certification are received and verified by the appropriate regional office.

Protecting confidential information

In accordance with section 313 of CEPA, any person submitting information to the Minister under this Act is entitled to submit, with their information, a written request that the information be treated as confidential.

Information for which a request for confidentiality has been made shall not be disclosed by the Minister except in accordance with sections 315, 316 or 317 of CEPA.

4.2.2 Quantity calculation exceptions

The E2 regulations specify exceptions when determining the total quantity of the substance(s) that is located at a place or facility, whether in storage or in use. The exceptions, found in subsection 3(2) of the regulations, cover the following circumstances:

• quantities of the substance that are temporarily stored for 72 hours or less in a container that is not normally located at the place, if the person keeps evidence during the temporary storage period of the date the substance was received
• quantities of the substance in a container that has a maximum capacity of 30 kg or less
• quantities of the substance when it is a component of another substance set out in column 1 of Schedule 1
• quantities of the substance in a fuel tank that supplies the engine of a conveyance that is used for transportation
• quantities of the substance that are found in slag, waste rock in tailings, solid residues, ores and ore concentrates
• quantities of anhydrous ammonia and ammonia solution set out in column 1 of Part 2 of Schedule 1 and bearing Chemical Abstract Service (CAS) registry number^{Footnote 3} 7664-41-7, that are stored by a farmer and used as an agricultural nutrient by the farmer; and
• the quantity of propane set out in column 1 of Part 1, Schedule 1 bearing CAS registry number 74-98-6, that is in a storage container that has a maximum capacity of less than 10 t (tonnes) and is located at a distance of at least 360 m (metres) from the boundaries of the property limit on which it is located

4.2.3 Propane exception applicability

A new exception for quantities of propane (Schedule 1, Part 1, CAS registry number 74-98-6) stored in a container of less than 10 t and located at least 360 m from the property boundary is added to the regulations.

For this provision to apply, two criteria must be fulfilled:

1. the maximum capacity of the container storing the propane must be less than 10 t
2. the shortest distance between the edge of the container (or the edge of each container for multiple containers found at a facility) and the property boundary is equal to or greater than 360 m

If both criteria are met, the quantity of propane found in the container(s) is excluded from the calculation of the total quantity of propane at the facility.

A flow chart can be found in Appendix 6 that provides guidance on determining the applicability of the propane exception.