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Hazardous Waste Regulation Review Process – Response Form This response form follows discussion issues outlined in the Ministry of Environment Hazardous Waste Regulation Review Process policy intentions paper for consultation (intentions paper). The ministry is intending to finalize revisions to the regulation in 2008. Comments
regarding the proposed intentions of the ministry are being solicited and
will be carefully considered in revising the regulation. The ministry
welcomes all suggestions with respect to potential changes discussed in
the intentions paper, or other aspects of the regulation. Comments to the ministry should be
made on or before June 5, 2008. Those interested are invited to submit comments on the ministry's intentions – using the instructions and questions provided on this response form. Individuals or organizations may also make written submissions to the ministry without following the format set out in the response form – as desired. A summary report of comments and submissions received, including both printed and web-based responses, will be compiled and summarized without specific attribution by an independent contractor and posted on the ministry website. Comments received will be treated with confidentiality by ministry staff and contractors, however, comments that you provide and information that identifies you as the source of those comments may be publicly available if a Freedom of Information (FOI) request is made under the Freedom of Information and Protection of Privacy Act. Following review of comments and submissions, the ministry will complete legal drafting of the revised regulation for legislative review and implementation. If you have any questions or comments, please contact
Cindy Bertram of C. Rankin & Associates, who has been contracted to
manage consultation comments, at: Email:
cindybertram@shaw.ca Completed response forms or
submissions may be returned by any of the means listed above (email, fax
or mail) or by directly submitting this web-based response form. Thank you for your time and comments!
4. Strengthened accountability The ministry is proposing revisions to the regulation and associated administrative actions to ensure that hazardous wastes are properly managed "from cradle to grave." These revisions are intended to support the accountability of generators, carriers and hazardous waste management facility operators, as well as of Qualified Professionals who may be responsible for activities specified in the regulation (see intentions paper sections 4.3 A-E). The ministry is considering incorporation of the concept of "joint and several liability," used in several other provincial regulations into the Hazardous Waste Regulation.
The ministry intends to remove existing definitions for "temporary," "short term" and "long term" storage of hazardous waste, and their associated provisions, from the regulation and, instead, establish clear provisions for: 1) storage; and 2) secure disposal of hazardous waste. Carriers storing hazardous waste would be required to meet the same regulatory provisions as a hazardous waste management facility (see intentions paper section 4.3 B).
The ministry is also interested in establishing appropriate regulatory provisions for a generator that may be storing hazardous waste for an extended period of time. The ministry's objective would be to support timely and safe shipping of waste from generators to receivers – rather than encouraging or enabling speculative, unsafe or inappropriate accumulation of hazardous waste at a generating site.
To clarify carriers' responsibilities, the ministry intends to amend the regulation to explicitly prohibit the transport of hazardous waste if specified requirements are not met (see intentions paper section 4.3 C. i.).
The ministry intends to establish provisions for driver training in the Hazardous Waste Regulation – to ensure knowledge and compliance of provincial requirements for drivers. The ministry is also planning to develop a training module to assist transporters in preparing an appropriate training program, and to establish consistent contents for training programs (see intentions paper section 4.3 C. ii.).
The ministry is considering amendments to the regulation or the Act and administrative actions intended to support receiver accountability (see intentions paper section 4.3 D).
5. Requirements for "plans" The ministry is proposing amendments to the regulation that will: 1) clarify the distinction between hazardous waste management facility plan requirements and generator plan requirements; 2) clearly specify that plan holders are responsible for ensuring that all plans are current and implemented; and 3) provide the director with the authority to require a review and update of plans at an appropriate frequency, and on reasonable notice. The ministry is also proposing to introduce provisions for the submission and approval of a closure report as a means of ensuring that hazardous waste management facilities are closed in an environmentally-responsible manner (see intentions paper section 4.4).
6. Financial Security The ministry intends to amend the regulation and to develop guidelines that clarify the purpose and potential use of financial security for receivers of hazardous waste (i.e., hazardous waste management facilities) (see intentions paper section 4.5).
The ministry is seeking comment on potential options for determining the amount of financial security that is required for a hazardous waste facility. Options under consideration include an assessment-based approach, a formula-based approach or a combination of the two approaches.
7. Use of a "Qualified Professional" The intentions paper (see section 4.6) outlines the ministry's intentions with respect to defining a "Qualified Professional" and clarifying the role and responsibilities of two different types of Qualified Professionals (i.e., "facility" or "independent") under the regulation.
8. Currency and consistency with scope and intent of other legislation A. Resolving overlaps with the Contaminated Sites Regulation The ministry plans to amend the Hazardous Waste Regulation to clarify that soil and groundwater with the characteristics of hazardous waste at a contaminated site would be classified as "hazardous waste" (and be subject to the provisions of the Hazardous Waste Regulation) only when they are collected and moved off the site to an authorized hazardous waste management facility. On-site management of the material would be subject only to the provisions of the Contaminated Sites Regulation (see intentions paper section 4.7 A).
B. Updating standards in the regulation The ministry proposes to review and update effluent and air emission standards referenced in the regulation (see intentions paper section 4.7 B).
9. Waste oil provisions and recycling of "hazardous materials" A. Clarifying provisions addressing waste oil The ministry is proposing to revise the existing definition of waste oil, establishing three separate definitions – liquid waste oil, waste materials contaminated with oil and hydrocarbon contaminated soil – and to establish regulatory provisions that are reflective of handling and management requirements (see intentions paper section 4.8 A).
B. Encouraging appropriate recycling and recovery of "hazardous materials" The ministry supports a tiered "5Rs – reduce, reuse, recycle, recover and residue management" approach to managing wastes and is intending to amend the regulation to encourage and increase appropriate recycling and recovery of materials in a manner that maintains human health and protection of the environment. The intentions paper (see section 4.8 B) describes several proposed measures for encouraging appropriate recycling and recovery of hazardous materials, including:
The ministry is concerned that provisions intended to support appropriate and safe recycling of hazardous materials could be misused, leading to unsafe accumulation or handling of hazardous materials. Of particular concern to the ministry is preventing "sham recycling" operations and providing appropriate disincentives for indefinite (i.e., "speculative") storage.
10. Additional regulatory provisions The ministry is proposing amendments to the regulation that address a number of specific topics that have been identified by ministry staff (see section 4.9 A-F of the intentions paper). These are:
10.2 Do you have any comments regarding appropriate provisions for and use of orders to prevent abandonment of hazardous waste? 10.3 Do you have any comments regarding the ministry's intention to exempt "field operations" from carrier requirements under the regulation? 10.4 Do you have any comments regarding appropriate provisions under the regulation for handling and management of lead-acid and other types of batteries? 10.5 Do you have any comments regarding the ministry's intention to harmonize legislation for storage of PCB waste with federal legislation? 10.6 Do you have any comments regarding the ministry's intention to exempt hazardous waste management facilities that deal solely with neutralization of corrosive hazardous waste? 11. Consultation with First Nations Information concerning consultation with First Nations with respect to the proposed revisions to the Hazardous Waste Regulation will be developed in accordance with legal requirements, ministry policy and government direction (see intentions paper section 5).
12. Guidelines, Director's Requirements and Best Management Practices The regulation will be supported by guidelines, "Director's Requirements" and/or Best Management Practices documents. The requirements, practices and procedures could be based on existing guidelines and policies set out by the ministry, developed by the industry associations and/or developed jointly with government (see intentions paper section 6).
13. Assuring compliance The ministry is seeking comments and suggestions regarding means of ensuring compliance with the revised regulation. It will be important for those involved in hazardous waste management, government staff (from the Ministry of Environment, and other agencies at provincial, federal and local levels) and other key interests to understand the intent and content of relevant elements of the regulation, and to ensure that the regulation is effectively enforced (see intentions paper section 7).
13.2 Do you have any comments or suggestions for the ministry regarding "compliance verification"? 13.3 Do you have any additional comments or suggestions for the ministry regarding effective enforcement of the regulation? 14. Protection of human health and the environment
Please remember to respond to the ministry on or before June 5, 2008. If you wish, you may also provide contact information below. This information will be compiled separate from responses and used to inform respondents of posting of the summary of comments and subsequent ministry actions to revise the regulation. Thank you once more for your time and comments! (Optional) Contact Information If you wish to have your name placed on the ministry listserve to receive further information concerning the Hazardous Waste Regulation, please provide your contact information – including an email address – below. Note that all submissions will be treated with confidentiality by ministry staff and contractors, however, information that identifies you as the source of those comments may be publicly available if a Freedom of Information request is made under the Freedom of Information and Protection of Privacy Act.
Background and Area of Interest
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