Streamlining environmental permissions for waste management systems under the Environmental Activity and Sector Registry

Ontario is working to create smarter and more efficient environmental permissions processes that reduce unnecessary burden for businesses and maintain our province's strict environmental standards.

Making additional waste management systems eligible to register on the existing Environmental Activity and Sector Registry (EASR) provides a more flexible approval process and allows businesses to begin operations faster.

The EASR is an online self-registration system that allows businesses engaging in certain activities described in the Regulations that are routine and well understood to register with the ministry. If certain eligibility criteria and operational requirements set out in the Regulations are met, businesses can register on the EASR rather than applying for an Environmental Compliance Approval (ECA) through the normal application submission and review process.

Proposed amendments to streamline permissions for waste management systems

The ministry is proposing amendments to Ontario Regulation 352/12: Registrations Under Part II.2 of the Act – Waste Management Systems under the Environmental Protection Act.

The proposed changes will streamline the approval process for waste management systems by expanding the existing eligibility criteria under Ontario Regulation 351/12 to include waste management systems that manage the following wastes:

• Asbestos waste as defined in Regulation 347.
• Biomedical waste as defined in the ministry publication “Guideline C-4: The Management of Biomedical Waste in Ontario.”
• Treated biomedical as defined in the ministry publication Guideline C-4: The Management of Biomedical Waste in Ontario.
• Hazardous waste as defined in Regulation 347.
• Liquid industrial waste as defined in Regulation 347.
• Waste that was characteristic waste but that has been treated so that it is no longer characteristic waste. if the waste may not be disposed of by land disposal pursuant to subsection 79 (1) of Regulation 347.

The proposal would also expand the list of waste activities to include:

• in-transit storage of waste based on waste types and operations.

The ministry is also considering the removal of financial assurance requirements that currently apply only to PCB and Biomedical waste haulers, and instead require eligible waste management systems to carry an insurance policy for the liability resulting from spills.

In addition, due to the complexity of handling various waste types with different risks, the regulatory proposal also includes technical and operating requirements for each waste type that support the protection of the environment and the public. The requirements include:

• truck operation and identification
• record keeping
• documentation
• training
• insurance

Please refer to the discussion paper in the Supporting Materials section of this notice for further details.

The proposal would continue to ensure that waste management systems in Ontario are managed in accordance with the province’s strict environmental standards. The ministry would retain its ability to inspect activities and ensure that they are complying with all relevant environmental standards and requirements.

Registration on the EASR is immediate, which means registrants may complete their assessments, register online, and undertake an activity once confirmation of registration has been given. Although the ministry does not actively review such registrations at first instance, registrations will be audited periodically to ensure compliance. Registrants will still have to abide by all relevant regulatory obligations related to the registered activity.

The ministry maintains the authority to:

• inspect facilities;
• ensure compliance with regulatory requirements; and
• review records and reports related to the registered activity.

Background

Currently, waste management systems in Ontario must obtain an ECA, self-register on the EASR depending on the waste type and activity or may meet the criteria for exemptions in regulations.

Eligibility to self-register on the EASR is set out in Ontario Regulation 351/12, which came into force in 2012, and streamlines the permissions process for waste management systems:

• that met the definition of waste transportation systems as defined in Regulation 347.
• whose activities were limited to the collection, handling, transportation, and transfer of waste, and that managed non-hazardous waste only.

Activities that meet the criteria outlined in Ontario Regulation 351/12 are no longer required to go through a lengthy review process to obtain an ECA and can operate upon registration to the EASR.

Currently under Ontario Regulation 351/12, the transportation of the following waste types cannot be registered to the EASR: asbestos waste, biomedical waste, treated biomedical waste, and liquid industrial and hazardous waste.

All other waste types and waste activities not currently eligible for EASR or exemption must have an ECA and follow all applicable regulations and guidelines.

How the proposal streamlines permissions?

The proposal streamlines permissions by allowing more waste management systems in Ontario to be registered on the EASR. This facilitates the permissions process for proponents that transport waste by reducing administrative burden and application review time, as registrants will no longer submit an application to the ministry that requires a technical review.

This proposal is also an opportunity to strengthen ministry oversight by updating operational requirements to reflect current ministry and industry practices for the transportation of waste within the waste management systems sector.

Public consultation opportunities

This proposal is open for a 60-day public review and comment period. We encourage interested parties to submit comments on the proposal, including the attached discussion paper which provides greater detail on the proposed amendments.

While previous EASR proposals included a second posting of the draft regulation, this proposal is expected to be the only opportunity for public consultation. The comments we receive through this consultation will be considered in finalizing the regulation.