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Pollution Prevention Planning Consultations
Working Document - Pollution Prevention Plans for Acrylonitrile
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 acrylonitrile under Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Comments received on this document will be used to develop a proposed notice that will be published under section 56 of CEPA 1999 in the Canada Gazette Part I for a 60-day comment period.
More information on pollution prevention planning can be found in the Guidelines for the Implementation of the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999.
CEPA-toxic substance to be included in the Notice: Acrylonitrile, CAS Registry Number 107-13-1
1. Person or class of persons required to prepare and implement a pollution prevention plan: Any person or class of persons who owns or operates a facility involving the manufacture of synthetic rubber, where such manufacture uses acrylonitrile and results in releases of acrylonitrile to the environment.
2. Activities in relation to which the plan is to be prepared: All persons identified in paragraph 1 shall prepare and implement a pollution prevention plan in relation to their manufacturing, storage, handling and wastewater treatment activities involving acrylonitrile.
3. Factors to consider in preparing the plans: When preparing their pollution prevention plan, all persons identified in paragraph 1 shall consider the following factors:
- (1) Environment Canada’s risk management objective is to reduce the releases of acrylonitrile from synthetic rubber manufacturing sources to the lowest achievable levels by the application of best available techniques economically achievable by December 31, 2005.
- (2) Acrylonitrile was declared toxic under Para. 64(c) of CEPA 1999 and added to Schedule 1 (List of Toxic Substances) of CEPA 1999. It is considered that acrylonitrile is entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Acrylonitrile is considered toxic to human health because of its carcinogenic potential and there is considered to be a probability of harm at any level of exposure. Acrylonitrile is categorized as a Track 2 substance under Environment Canada’s Toxic Substances Management Policy and thus requires management throughout its life cycle to prevent or minimize its release into the environment.
- (3) In preparing a pollution prevention plan, priority is to be given to pollution prevention activities, that is, 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.
- (4) In order to achieve the risk management objective described in paragraph 3(1), best available techniques and technologies to prevent and control releases of acrylonitrile to the air from point/stack, fugitive, storage and wastewater sources shall be considered. Such consideration shall include, but is not limited to:
- a) adopting standards and operating practices as outlined in United States Environmental Protection Agency (US EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP), specifically standards 40 CFR Part 63 Subparts F, G, H and U.
- b) adopting standards and operating practices for control of air emissions from wastewater collection and treatment systems, as appear in the US EPA Standards of Performance for New Stationary Sources: Volatile Organic Compound Emissions from the Synthetic Organic Chemical Manufacturing Industry Wastewater (40 CFR Part 60).
- c) adopting standards and operating practices as outlined in the Canadian Council of Ministers of the Environment (CCME) Environmental Code of Practice for the Measurement and Control of Fugitive Volatile Organic Compounds (VOC) Emissions from Equipment Leaks (CCME-EPC-73E) and as outlined in Section 4 of the CCME Environmental Guideline for the Control of Volatile Organic Compounds Process Emissions from New Organic Chemical Operations (CCME-EPC-72E).
- d) establishing and implementing a leak detection and repair (LDAR) program which includes use of US EPA Method 21 for field measurement of component emissions, current industry-specific emission factors, a leak definition of 500 ppm, and component testing frequency equivalent to the CCME Environmental Code of Practice for the Measurement and Control of Fugitive VOC Emissions from Equipment Leaks (CCME-EPC-73E) or the NESHAP LDAR programs.
- e) Ontario Ministry of the Environment (MOE) Regulation 346, Revised Regulations of Ontario 1990 including:
- i) meeting MOE interim and proposed point of impingement (1/2 hour) air standards for acrylonitrile;
- ii) developing an emission summary as outlined in the MOE Procedure for Preparing an Emission Summary and Dispersion Modeling Report, June 1998;
- iii) using air dispersion models as proposed in the MOE Discussion Paper Updating Ontario’s Air Dispersion Models, March 2001; and
- iv) using the MOE Proposed Risk Management Framework for the Air Standard Setting Process in Ontario, Appendix A Discussion Paper, March 2001.
- (5) In order to verify estimated and/or calculated emissions of acrylonitrile, persons subject to the notice shall consider conducting sampling and testing of on-site air releases.
- (6) In order to ensure that the human health risks of acrylonitrile due to exposure are adequately addressed, persons subject to the notice shall consider:
- a) collecting and analyzing on-site personal exposure data; and
- b) conducting air sampling and testing for acrylonitrile in ambient air at or beyond facility site boundaries at locations that ensure measurement of maximum exposure at ground level.
4. Period within which the plan is to be prepared:
- (1) The plan must be prepared within 12 months of the publication date of the upcoming notice requiring the preparation and implementation of pollution prevention plans in respect of acrylonitrile (Final Notice).
- (2) Implementation of the plan shall begin immediately after the plan is prepared, but no later than 12 months after the publication date of the Final Notice.
5. Period within which the plan is to be implemented:
A pollution prevention plan has been implemented when all actions, as described in forms submitted to the Minister, toward achieving the risk management objective have been taken and one calendar year of monitoring the results of these actions have been collected, analyzed and reported. Such actions are described in the Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Acrylonitrile (Section 58(1) of CEPA 1999) (Schedule 1), any amendments to that declaration and interim progress reports. The pollution prevention plan for acrylonitrile is to be implemented by May 31, 2007.
6. Content of Plans:
Persons preparing the plan are to determine the appropriate content of their own plan; however, it must address all requirements of the Final Notice, and contain and support the information to be filed in the Declarations and the Interim Progress Reports.
7. Requirement to keep plan:
All persons identified in paragraph 1 must keep a copy of the plan at the place in Canada in relation to which the plan is prepared.
8. Declaration of Preparation:
A Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Acrylonitrile (Section 58(1) of CEPA 1999) form is given in Schedule 1. This declaration must be filed within 30 days after the end of the period within which the plan is to be prepared (paragraph 4).
9. Declaration of Implementation:
A Declaration that a Pollution Prevention Plan has been Implemented - Acrylonitrile (Section 58(2) of CEPA 1999) form is given in Schedule 5. This declaration must be filed within 30 days after the completion of the implementation of the plan, and no later than 30 days after the end of the period within which the plan is to be implemented (paragraph 5).
10. Filing of amended declarations:
Where a person has filed a Declaration of Preparation or Implementation, and the Declaration contains information that at any time thereafter becomes false or misleading, that person shall file an amended Declaration within 30 days after that time.
11. Interim Progress reports:
An Interim Progress Report - Acrylonitrile form is given in Schedule 4. These reports must be filed for each of the dates shown below. If a Declaration of Implementation is submitted before an Interim Progress Report is due, then the requirement to submit such an Interim Progress Report is nullified.
Interim Progress Report No.1: June 30, 2004
Interim Progress Report No.2: June 30, 2005
12. Use of pre-existing plan:
Pre-existing pollution prevention plans can be used to satisfy the requirements of the Final Notice as specified in section 57(1) of CEPA 1999. Persons using pre-existing plans must still file the Declaration of Preparation, Declaration of Implementation, any amended Declarations where applicable, and Interim Progress Reports.
13. Extension of preparation date:
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 - Acrylonitrile using the form given in Schedule 3 before the expiry of the period within which the plan is to be prepared (paragraph 4).
14. Extension of implementation date:
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 - Acrylonitrile using the form given in Schedule 3 before the expiry of the period within which the plan is to be implemented (paragraph 5).
15. Application for waiver of factors to consider:
Where the Minister is of the opinion that it is not reasonable or practicable to consider a factor specified in the Final Notice, the Minister may waive the requirement to consider that factor for a person who submits a written Request for Waiver of Factors to Consider - Acrylonitrile (Section 56(5) of CEPA 1999) using the form given in Schedule 2, providing reasons for the request before the expiry of the period within which the plan is to be prepared (paragraph 4).
- Schedule 1: Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Acrylonitrile (Section 58(1) of CEPA 1999)
- Schedule 2: Request for Waiver of Factors to Consider - Acrylonitrile (Section 56(5) of CEPA 1999)
- Schedule 3: Request for Extension of Time - Acrylonitrile
- Schedule 4: Interim Progress Report - Acrylonitrile
- Schedule 5: Declaration that a Pollution Prevention Plan has been Implemented - Acrylonitrile (Section 58(2) of CEPA 1999)
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