This consultation was open from:
December 6, 2018
to January 20, 2019
We propose to no longer require facilities with existing toxics reduction plans to review those plans, and exempt certain facilities from all future planning and reporting obligations. This will remove unnecessary duplication with the federal program and reduce burden for industry.
Description of regulation
We propose to:
- No longer require facilities with existing toxics reduction plans to conduct reviews of those plans;
- Exempt certain facilities from all future planning and reporting obligations for certain substances; and
- Maintain annual reporting obligations for facilities with existing plans.
1. No longer require facilities with existing toxics reduction plans to conduct reviews of those plans
Facilities with existing toxic substance reduction plans would not be required to review these plans. Facilities would still be able to amend their plans and choose to implement toxic substance reduction options.
2. Exempt certain facilities from all future planning and reporting obligations for certain substances
These exemptions would impact:
- Facilities that have never planned or reported under the program, but now meet the reporting threshold for one or more toxic substances; or
- Facilities that have been out of the program for three or more years for a toxic substance, but are coming back into the program because they meet a reporting threshold again; or
- Facilities that are currently planning and reporting under the program, and now meet the reporting thresholds for a new toxic substance at the facility.
We propose that the exemptions for the substances mentioned above would apply to the following obligations:
- Creating a toxic reduction plan;
- Tracking and quantifying toxic substances;
- Annual Reporting on planned reductions; and
- Reviewing the toxic reduction plan.
3. Maintain annual reporting obligations for facilities with existing plans
Only facilities with current plans for substances that meet reporting thresholds would continue to annually report on the amounts of those substances under the Toxics Reduction Program.
Purpose of regulation
The purpose of the Toxics Reduction Act, 2009, is to:
- Prevent pollution by reducing the use and creation of toxic substances; and
- Inform Ontarians about those substances.
Industry is required to develop toxic reduction plans and report publicly each year. Implementation of plans is voluntary.
This proposal cuts red tape and reduces regulatory burden for businesses.
Other program changes
We are also proposing to repeal the Toxics Reduction Act, 2009 and defer to the federal Chemicals Management Plan in 2021 as part of the government’s Open for Business Plan to address duplication and overlap, and reduce regulatory burden.
Reducing red tape
Regulatory impact statement
The amendment would apply to facilities in the manufacturing and mineral processing sectors that report under the Toxics Reduction Program.
There would no longer be new or reviewed plans for toxics substance reduction planners to provide recommendations on and certify. Planners would only be required if a facility chooses to voluntarily amend their plans.
A costing analysis was carried out by the Ministry of the Environment, Conservation and Parks in conjunction with the Ministry of Economic Development, Job Creation and Trade, and it was found that the annual average net savings of this proposal will far exceed the annual average administrative costs.
This proposal will cost current facilities an annual average administrative cost of $818,000 to learn about the changes to the regulations and to continue reporting on existing toxics substances until 2021. These costs are offset by the total annual average administrative net savings of approximately $4 million for all facilities to stop planning and for the program to end in 2021 (when the federal government has completed its chemical assessments and taken action on many toxic substances). All cost analysis was calculated as Average Annual Present Value costs discounted at 2.5% over 10 years.
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