P2 Pollution Prevention Planning for Dichloromethane - Part 4 of the Canadian Environmental Protection Act, 1999

The following is a working document presenting the main elements that Environment Canada proposes to include in a section 56 notice requiring the preparation and implementation of pollution prevention plans for dichloromethane, under Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The section 56 notice will target five industry sectors: aircraft paint stripping, flexible polyurethane foam blowing, pharmaceuticals, industrial cleaning, and adhesive formulation. Comments received on this document will be used to develop a proposed notice that will be published under section 56 of the Act in the Canada Gazette, Part I for a 60-day comment period.

You may find more information on pollution prevention planning in the document Guidelines for the Implementation of Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). These Guidelines and other information on pollution prevention may be found at www.ec.gc.ca/nopp.

CEPA-toxic substance to be included in Notice:

Dichloromethane, CAS Registry Number 75-09-2

1. Person or class of persons required to prepare and implement P2 plan:

Any person who

1. owns and operates a facility that uses dichloromethane and is involved in:
   1. aircraft paint stripping, including the stripping of aircraft components
   2. flexible polyurethane foam blowing;
   3. pharmaceuticals and chemical intermediates manufacturing and tablet coating;
   4. industrial cleaning, or
2. uses dichloromethane in adhesive formulation,

except a person who had used less than one tonne of dichloromethane per year each year since January 1, 1995 must prepare and implement a P2 plan for each such facility.

2. Activities in relation to which the plan is to be prepared :

All activities involving the use of dichloromethane.

3. Factors to consider in preparing plan:

Risk management objectives:

1. Environment Canada’s risk management objective is to reduce aggregate dichloromethane releases from the persons identified in paragraph 1 by 85% from the 1995 levels, by January 1, 2007.
   
   In order to achieve this objective, the persons identified in paragraph1 will have to consider the following risk management objectives as factors when preparing their pollution prevention plan:
   1. for persons involved in aircraft paint stripping, to reduce annual releases of dichloromethane from 1995 base year levels by 50% by January 1, 2003, and by 80% by January 1, 2007;
   2. for persons involved in flexible polyurethane foam blowing, to reduce annual releases of dichloromethane from 1995 base year levels by 50% by January 1, 2003, and by 100% by January 1, 2007;
   3. for persons involved in pharmaceutical and chemical intermediates manufacturing and tablet coating, to reduce annual releases of dichloromethane from 1995 base year levels by 90% by January 1, 2003;
   4. for persons using dichloromethane in industrial cleaning applications, except those described in (e), to reduce annual releases of dichloromethane form 1995 base year levels by January 1, 2004, and by 80% by January 1, 2007;
   5. for persons using dichloromethane in industrial cleaning applications to clean the mixing chamber of low-pressure reaction injection molding machines, the elimination of this use by January 1, 2007;
   6. for persons involved in adhesives formulation, to reduce the use of dichloromethane form 1995 base year levels by 70% by January 1, 2003.
2. Persons identified in paragraph 1 shall consider "the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health", as this is the definition of pollution prevention under CEPA 1999.
3. Persons identified in paragraph 1 shall consider when preparing their pollution prevention plan that, according to the Domestic Substances List Assessment Report - Dichloromethane, dichloromethane occurs at concentrations that may be harmful to the environment, has been classified as being "probably carcinogenic to humans", and therefore may constitute a danger in Canada to human life or health.

4. Period within which the plan is to be prepared:

1. The plan shall be prepared within 6 months of the entry into force of the notice.
2. The implementation of the plan shall begin immediately after the plan is prepared, but no later than 6 months after the entry into force of the notice.

5. Period within which the plan is to be implemented:

Table 1 Pollution Prevention Plan Implementation Deadlines

A pollution prevention plan has been implemented when all actions specified in the plan to achieve the risk management objectives have been taken and results of monitoring from one calendar year have been reported.

6. Content of plan:

Although persons preparing a plan are to determine the appropriate content of their own plan, each plan prepared under the notice must address all the requirements of the notice and contain the information to be filed in the Declarations referred to in paragraphs 8 and 9 and Interim Progress Reports referred to in paragraph 11.

7. Requirement to keep plan:

Persons identified in paragraph 1 shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

8. Declaration of preparation:

Under subsection 58(1) of CEPA 1999, persons identified in paragraph 1 shall file with the Minister of the Environment, subject to paragraph 13, a Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Dichloromethane using the form given in Schedule 1, within 30 days after the end of the period for the preparation of the plan specified in paragraph 4.

9. Declaration of implementation:

Under subsection 58(2) of CEPA, 1999, persons identified in paragraph 1 shall file with the Minister of the Environment, subject to paragraph 14, a Declaration that a Pollution Prevention Plan has been Implemented - Dichloromethane using the form given in Schedule 2, within 30 days after the completion of the implementation of the plan, and in any event, no later than 30 days after the implementation date specified in paragraph 5.

10. Filing of amended declarations:

Where a person has filed a Declaration under paragraph 8 or 9, and the Declaration contains information that at any time thereafter becomes false or misleading, that person shall file with the Minister an amended Declaration within 30 days after that time using the form referred to in paragraph 8 or 9.

11. Interim progress reports:

Persons identified in paragraph 1 involved in aircraft paint stripping, flexible polyurethane foam blowing, and industrial cleaning shall complete and file with the Minister of the Environment an Interim Progress Report -Dichloromethane, using the form given in Schedule 3, for each of the dates below until the persons submits a Declaration of Implementation as required in paragraph 9.

Table 2 Interim Progress Report Submission Date

12. Use of pre-existing plan:

Under subsection 57(1) of CEPA, 1999, a person may use a pre-existing pollution prevention plan to satisfy the requirements of paragraphs 1 to 7. Persons using pre-existing plans must nonetheless file a Declaration of Preparation under paragraph 8, a Declaration of Implementation under paragraph 9, any amended Declarations under paragraph 10, where applicable, and any Interim Progress Reports required under paragraph 11.

13. Extension of preparation date:

Under subsection 56(3) of CEPA, 1999, where the Minister is of the opinion that further time is necessary to prepare the plan, the Minister may extend the period for preparing the plan for a person who submits a written Request for Extension of Time to Prepare a Pollution Prevention Plan - Dichloromethane using the form given in Schedule 4 before the expiry of the date referred to in paragraph 4.

14. Extension of implementation date:

Under subsection 56(3) of CEPA, 1999, where the Minister is of the opinion that further time is necessary to implement the plan, the Minister may extend the period for implementing the plan for a person who submits a written Request for Extension of Time to Implement a Pollution Prevention Plan - Dichloromethane using the form given in Schedule 5 before the expiry of the date referred to in paragraph 5.

15. Application for waiver of factors to consider:

Under subsection 56(5) of CEPA, 1999, where the Minister is of the opinion that it is not reasonable or practicable to consider a factor specified in paragraph 3, the Minister may waive the requirement for a person to consider that factor where that person submits a written request using the attached form Request for Waiver of Factors to Consider - Dichloromethane using the form given in Schedule 6 providing reasons for the request before the expiry of the date referred to in paragraph 4.