- E2 Plans: i - Content of Plan; ii - Notices/Filing; iii - Testing
- List and Substance Information
- Local Involvement
- Notification of Change
- Quantity Calculation
- Request for Exemptions or Exclusions
- Threshold Quantities
- Access to Information/Confidentiality
What is an environmental emergency?
As defined in CEPA 1999, section 193, an environmental emergency means
- an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under Part 8 of CEPA 1999, of a substance into the environment;
- the reasonable likelihood of such a release into the environment.
What purpose do E2 plan notices/reports serve?
Environment Canada will evaluate the accuracy and completeness of the notices submitted under the Regulations. Additionally, E2 plan notices and reports can be used as an indicator of facilities’ compliance level under the E2 Regulations. They can also be used for the purpose of evaluating the extent to which environmental emergency plans are helping reduce risks to the environment and human health from hazardous substances listed in Schedule 1 of the E2 Regulations. All notices/reports should be sent to Environment Canada regional offices.
Who will be required to prepare and implement E2 plans?
Any person or company that owns or that has the charge, management or control of a substance listed in Schedule 1 of the E2 Regulations where the maximum expected quantity of the substance and the container maximum capacity in which the substance is stored is equal to or exceeds the specified threshold quantities set out in column 3 of Schedule 1 for that substance will be required to prepare, implement and test an E2 plan specific to the place where the substance is located, and notify Environment Canada accordingly.
What information should an E2 plan include?
The complexity of E2 plans may vary depending upon the circumstances of the person required to prepare and implement a plan. Although the primary goal of preparing and implementing an E2 plan is to prevent emergencies from occurring, such advance planning is critical for preparedness, response and recovery activities in the event that an emergency does occur. In accordance with the E2 Regulations, the person must consider the following factors when preparing an environmental emergency plan:
- The properties and characteristics of the substance and the maximum expected quantity of the substance at the place at any time during a calendar year
- The commercial, manufacturing, processing or other activity in relation to which the plan is being prepared
- The characteristics of the place where the substance is located and of the surrounding area that may increase the risk of harm to the environment or of danger to human life or health
- The potential consequences of an environmental emergency on the environment and on human life or health.
As per the E2 Regulations, the environmental emergency plan must include the following:
- A description of the factors considered above
- The identification of any environmental emergency that can reasonably be expected to occur at the place and that would likely cause harm to the environment or constitute a danger to human life or health, and identification of the harm or danger
- A description of the measures to be used to prevent, prepare for, respond to and recover from any environmental emergency identified
- A list of individuals who are to carry out the actions described in the plan in the event of an environmental emergency, and a description of their roles and responsibilities
- The identification of the training required for each of the individuals listed
- A list of the emergency response equipment included as part of the E2 plan, and its location
- A description of the measures to be taken by the person referred to above to notify members of the public who may be adversely affected by an environmental emergency and to inform them of those measures and of what to do in the event of an environmental emergency
Environment Canada recommends that, while submitting information to fulfill the E2 Regulations requirements, regulatees consider a senior-level statement demonstrating their commitment to implementing and maintaining the E2 plan. They need to keep the plan current, comprehensive and effective (e.g., annual testing and updating of the plan). Appendix 1 of the Implementation Guidelines contains a list of suggested references to assist anyone having to develop an E2 plan.
Environment Canada strongly recommends that persons preparing an E2 plan include community and interest groups and local and provincial emergency authorities in the development and preparation of the plan, and also share the implemented plan with these persons.
Where do I keep my E2 plan documentation?
E2 plans prepared under the E2 Regulations are not submitted to Environment Canada unless specifically requested. However, a copy of the plan must be readily available to the individuals who are to put it into effect in the event of an environmental emergency and, if the place where one or more substances are located is a place of work, a copy must be available at that place. A record of the results from the annual updates and tests must be kept with the E2 plan at the place for which it has been prepared, for the purposes of inspection and--in case of an environmental emergency--implementation. All these records must be stored with the E2 plan for at least five yearsbeginning on the day the record is made.
For unmanned facilities that are subject to the E2 Regulations, a copy of the plan need not be held at the facility itself. In such circumstances, it must be readily available to those individuals who are to carry out the plan in the event of an environmental emergency, and must be available for inspection by enforcement officers.
What information must be submitted to Environment Canada?
Regulatees should not submit E2 plans to the Department, except when specifically requested to do so by the Minister. Instead, regulatees must submit: i) a Notice of Identification of Substance and Place within 90 days of the Regulations coming into force or within 90 days of the day the person is subject to the Regulations, ii) a report that an environmental emergency plan has been prepared, within six months of the day on which these Regulations come into force or within six months of the day on which the person is first required to prepare an environmental emergency plan under the E2 Regulations, whichever is later; and iii) a Notice of Plan Implementation and Testing, within one year of the date of the Regulations coming into force or within one year of the day the person is subject to the Regulations, whichever is later. Regulatees must certify that the information contained in the submitted notice or report is accurate and complete; it must be signed by the person or duly authorized representative and must accompany each submitted notice or report (Schedule 3 of the E2 Regulations).
Don't the E2 Regulations duplicate already existing institutional practices and requirements at the provincial, territorial and municipal levels?
Environment Canada recognizes the need to avoid duplication with any other federal and/or provincial requirements. The Department has ongoing dialogue with federal and provincial/territorial agencies to identify and resolve any such potential duplication. In line with avoiding duplication, the E2 Regulations adopt a flexible approach, allowing the use of existing environmental emergency plans. If a plan has been prepared in accordance with other government requirements or as a voluntary procedure, it may apply, providing it meets all the requirements set out in the E2 Regulations. If the plan does not meet the requirements. it will need to be modified.
If, under another regulation, my facility is already required to have an environmental emergency plan, will that plan be acceptable for the new E2 Regulations?
Existing emergency plans may be used providing they meet all the E2 requirements set out within the E2 Regulations; otherwise they will need to be modified so that they meet the requirements. Persons using existing E2 plans are still required to submit to Environment Canada the notices and reports required by the E2 Regulations.
Why doesn't Environment Canada exempt from the Regulations E2 plans that conform to the ISO 14001 standards?
Not all existing E2 plans sufficiently take into account the prevention of, preparedness for, response to and recovery from environmental emergencies. Consequently, although all facilities complying with the ISO 14001 standards may continue to use their existing emergency plans, they may be required to amend them accordingly to comply with the requirements of the Regulation for certain aspects not required by ISO 14001.
E2 Plans: i - Content of Plan; ii - Notices/Filing; iii - Testing
i - Content of E2 Plans
Can you describe exactly what an E2 plan needs to contain?
Section 4 of the E2 Regulations specifies the required E2 plan contents. It is recognized that the complexity of environmental emergency plans may vary depending upon the circumstances for each individual or company required to prepare and implement a plan. Although the primary goal of preparing and implementing an environmental emergency plan is to prevent emergencies from occurring, such advance planning is critical for preparedness, response and recovery activities in the event that an environmental emergency does occur.
The Minister does not, however, prescribe the form of the environmental emergency plan. Regulatees may prepare a plan in the form that makes the most sense for their organization, as long as the plan is aimed at reducing potential hazards and addresses elements required by the Regulations.
The Regulations refer to planning for "any E2 that can reasonably be expected to occur." Isn't this rather subjective? Why not consider "worse-case" scenarios as in the Risk Management Program (RMP) requirements under the 1990 amendments to the United States Clean Air Act?
The intent of the E2 Regulations is to provide a flexible approach to E2 planning. Environment Canada appreciates the fact that E2 plans will differ across Canada, as all facilities are different. Several facilities are responsible for many regulated substances, and must be prepared for the likelihood of many specific incidents that could potentially occur at their site. Consequently, it is expected that companies elaborate on environmental emergencies scenarios that can reasonably be expected to occur at that place along with the means of taking appropriate measures to prevent, prepare for, respond to and recover from any environmental emergency events.
A listing of the most probable as well as the "worst-case" scenarios would be most appropriate; such scenarios would identify where potential emergencies expected to occur. A description of mitigation measures to address all emergencies described above would then also be required. Further information on emergency planning under CEPA 1999 can be found in the Implementation Guidelines for Part 8 of the Canadian Environmental Protection Act, 1999 – Environmental Emergency Plans, available on Environment Canada's CEPA Registry.
Why are preventive and recovery measures included as an E2 plan requirement?
Paragraph 4(3)(c) of the E2 Regulations states, "The environmental emergency plan must include a description of the measures to be used to prevent, prepare for, respond to and recover from any environmental emergency." The key to reducing the frequency and consequences of environmental emergency events is to prevent them from happening in the first place. The most effective risk management actions combine prevention activities with appropriate preparedness, response and recovery. Case histories have shown that it is much more cost effective to implement an appropriate risk management program in advance than to repair any resulting damage done to the place or to the environment after the fact. With preventive action, problems can be anticipated, corrective action can be taken and risks can be managed to avoid environmental damage. Factors such as the extent of damage and the availability and commitment of personnel, resources and finances all determine how long the recovery process will take. It is important to establish a pre-planned capability for recovery and for undertaking swift damage assessments, because the longer it takes to recover, the higher the ultimate cost.
Does our E2 plan have to list the equipment that may be provided by external organizations such as fire and police in an emergency response situation?
Environment Canada believes that plant-owned equipment should be identified along with any equipment from external sources when available, such as that provided through local fire services or by mutual aid agreement.
Can E2 plans include multiple substances having similar characteristics (PAHs together, benzene/xylene, etc.)?
An appropriate E2 plan is required for the entire facility. The plan can contain emergency planning measures for multiple substances or multiple areas within the site.
Can training be implied by roles? For example, can volunteer firefighters be assumed to have a certain level of training?
The identification of training for each individual listed to respond to an environmental emergency is imperative in the proper transfer of emergency planning information. Accurate and consistent training must be applied with each change of personnel or updated periodically for existing staff.
Is a particular type of training recommended?
Environment Canada appreciates that all facilities are different and require different training measures. As the E2 Regulations are designed to be flexible and allow site-specific planning, the extent of training necessary is to be determined by the individual facility. Consequently, no specific type of training is recommended. However, the E2 Regulations do require that the principles of prevention, preparedness, response and recovery be considered when training those involved in all aspects of an environmental emergency.
ii - Notices/Filing
Should the information submitted to Environment Canada include responders' names from different external organizations such as fire and police?
External responders such as outside contractors and others should not be recorded on this list. Contact information for these outside responders must, however, be kept as part of your E2 plan.
iii - Testing
Do the E2 Regulations require the testing of the plan for each scenario that is so described in paragraph 4(3)(b)?
A facility may choose to test at least one of the different scenarios developed for their site once a year. Testing must reflect a credible type of environmental emergency that can reasonably be expected to occur for the place in question and that would likely cause harm to the environment or constitute a danger to human life or health. Testing or exercising enables critical aspects of the plan to be examined in a structural way, simulating conditions to reveal major mistakes and/or omissions so that they can be subsequently corrected before real emergencies occur. The type of exercise chosen depends on the availability of resources and the limitations of conducting exercises that apply to the location of operations. Facilities can take part in mutual aid exercises or in exercises run by industry associations, but these exercises must include their sites and should test their facilities’ E2 plan.
Does an actual incident (chemical spill or release) count as a "test" of the plan?
An actual incident may be considered an exercise of the E2 plan only if certain conditions are met. For an actual incident to be recognized as an exercise, it must involve the appropriate agencies, proper debriefing and evaluation, corrective actions and documentation that would be used in a typical exercise.
As plans are updated immediately following tests and reviews, what purpose is served by keeping test records for five years?
Testing of the plan is a unique opportunity to determine whether what has been documented will adequately deal with the scenario that is presented in the exercise. E2 plans may not always be appropriately updated or effectively reflect the evolution or thought process behind test results. These records therefore provide additional information to the appropriate authorities during inspections and serve as a learning tool for those maintaining the E2 plan on site.
Wouldn't a plan tested periodically be more appropriate than regulatory requirements for yearly testing?
E2 Regulations require that an E2 plan be updated and tested at least once each calendar year. Environment Canada recognizes that a full-blown, operational emergency response exercise may not be achievable every year. Therefore, facilities may conduct a full-blown test at least once within a five-year period but must respect the yearly testing requirement by testing different component(s) of their E2 plan at least once each calendar year.
Environment Canada recommends that an appropriate exercise design process be composed of the following four main steps:
- planning the annual exercise;
- conducting the exercise;
- evaluating and reporting on the outcomes; and
- correcting and updating the E2 plan
The E2 Regulations provide maximum flexibility for deciding how this can be documented in the E2 plan and carried out. However, the Regulations do require that a record of all results obtained during the annual review or testing of the environmental emergency plan be kept on site for not less than five years. This record must be available for inspection along with the plan itself.
Where can I find more information about the requirements for implementing and testing an E2 plan under sections 5 and 6 of the E2 Regulations?
Further information on the testing and implementation of E2 plans can be found in some of the suggested references in Appendix 1 of the Implementation Guidelines for the Environmental Emergency Regulations. These are posted on Environment Canada's CEPA Registry. Testing is addressed in the Implementation Guidelines.
Also refer to the Canadian Standard Association's Z731 Emergency Preparedness and Response standard referenced in the Guidelines document.
List and Substance Information
What is the list of substances?
The list of substances in Schedule 1 of the E2 Regulations established Under section 200, Part 8 of CEPA 1999 comprises substances that, if they enter the environment as a result of an environmental emergency, (i) have or may have an immediate or long-term harmful effect on the environment or its biological diversity, (ii) constitute or may constitute a danger to the environment on which human life depends, or (iii) constitute or may constitute a danger in Canada to human life or health.
Does the word “substance” apply to the consideration of formed products or by-products?
If one substance is added to another, creating a new substance with a different CAS number that is not on the regulated list, the Regulations do not apply. However, if the concentration (% by weight) of that substance in a product or by-product exceeds the threshold, the E2 Regulations apply.
Is it appropriate to include individual chemicals such as 1-butene, 2-butene, cis-2-butene, trans-2-butene and isobutylene in Schedule 1 along with "butylene" (CAS No. 25167-67-3), which is also in Schedule 1 and includes all of these chemicals as a category?
These chemicals continue to be widely distributed within Canadian commerce. For example, even though butylene is a composite of 1-butene, there are separate facilities that manufacture butylene and different facilities that manufacture 1-butene, none of which are the same. Therefore, the compounds have been “separated” due to their diverse availability in Canadian commerce and must be considered separately.
Do the E2 Regulations only pertain to "substances" or do they include substances in other solid materials – for example, substances that may be found in wood utility poles?
The list of substances in Schedule 1 of the E2 Regulations contains substances in their gas, liquid or solid forms that are used in different industry sectors in Canada. In order to know if the E2 Regulations apply to a substance, regulatees should first verify whether the substance is captured by the exclusion in section 2 of the Regulations.
Currently there are 29 substances on the regulated list that are found in solid form.
How were the substance list and the minimum quantity thresholds established?
The substances in Schedule 1 of the E2 Regulations are considered hazardous due to their flammability, inhalation toxicity, aquatic toxicity, persistence, bioaccumulation and carcinogenicity or a combination of these criteria, and are divided into 3 parts:
- Substances Likely to Explode – Part 1
- Substances Hazardous when Inhaled – Part 2
- Other Hazardous Substances – Part 3
In order to decide whether a substance is potentially hazardous to humans or the environment and therefore needs to be added to Schedule 1 of the E2 Regulations, Environment Canada uses the risk evaluation framework (REF) to evaluate three kinds of hazards:
- Physical hazard (Part 1 substances) – includes vapour cloud explosion, combustibility and reactivity
- Human hazard (Part 2 substances) – includes inhalation toxicity and carcinogenicity
- Environmental hazard (Part 3 substances) – includes persistence, bioaccumulation and aquatic toxicity
For each of the three kinds of hazards (physical, human and environmental) a trigger is assigned when certain characteristics of the substance are capable of causing harm to humans and/or the environment. The REF is also capable of determining a threshold quantity for the substance candidate for addition to Schedule 1 of the E2 Regulations. A trigger is a qualifier for an E2 plan if it is accompanied by a threshold quantity.
For more info on this topic, please see Appendix 9 of the Implementation Guidelines for the Environmental Emergency Regulations posted on Environment Canada's CEPA Registry.
Are the plans themselves required to be submitted to Environment Canada and made available to local emergency response agencies?
Actual environmental emergency plans prepared under the E2 Regulations are not submitted to Environment Canada unless specifically requested. However, a copy of the E2 plan must be readily available for inspection and for use by the individuals assigned to put the plan into effect in the event of an environmental emergency. In addition, if the place where one or more substances are located is a place of work, a copy must be available at that place. Facilities that are subject to the E2 Regulations are encouraged to work with local emergency response personnel and community groups in preparing their E2 plans and to provide their E2 plans to the local emergency response agencies.
Environment Canada believes that access to the plans by local agencies is essential to the effectiveness of the emergency planning regime required by Environment Canada under these Regulations.
How are thresholds for regulated substances in mixtures determined, and what does the "greater than ‘x'% by weight" refer to in the Regulations?
To know how the thresholds for regulated substances in mixtures are determined, and for more information on the meaning of "greater than ‘x'% by weight" referred to in the Regulations, please see Appendix 9 of the Implementation Guidelines for Part 8 of the Canadian Environmental Protection Act, 1999 – Environmental Emergency Plans posted on Environment Canada's CEPA Registry.
Does the quantity of a substance specified in column 3 relate to the weight of only the specified substance or the product in which it is present?
If a substance is found in concentrations of 5% in a mixture, its weight--which is 5% of the total weight of the mixture--must be calculated and added to the overall quantity of this substance within the facility. However, with flammable mixtures, the weight of the entire mixture is calculated rather than that of the regulated substance within the product. If the calculated weight is equal to or exceeds the specified threshold, the Regulations as currently drafted will apply.
Please clarify this example: gasoline and benzene both are listed substances. If the concentration of benzene in gasoline exceeds 1%, do we have to calculate the total quantity of benzene in all the gasoline in "use" and being "stored" at any one time?
It is important to be aware that all substances listed in Schedule 1 are to be calculated as individual substances. Hence all mixtures in Schedule 1, such as gasoline, composed of pure substances that are also on the list, are identified as individual materials. Therefore, in calculating the maximum quantity of a substance at a facility, it is not necessary to inventory its individual constituents. Thus, although benzene (CAS 71-43-2) is a main component of gasoline, it is not necessary to determine its quantity from the regulated mixture when calculating a facility's inventory, but only the mixture itself.
How was the substance minimum concentration of less than 1% established?
The 1% concentration limit was drawn from existing requirements identified in the U.S. Risk Management Program (RMP).
How are boiling point and flash point determined?
These should be determined in accordance with the procedures and criteria outlined in NFPA 30, "Flammable and Combustible Liquids Code 2003." Note that this code defines the boiling point of a mixture as the temperature corresponding to that when 20% has evaporated using the ASTM D86 procedure. It is recommended for determination of the flash point that the most stringent of the testing choices be used: ASTM D56 (Tag closed Cup); or ASTM D93 (Pensky-Martens Closed Cup). All of these testing methods are in harmony with TDG (Transportation of Dangerous Goods) and DOT (U.S. Department of Transportation).
Where can boiling point and flash point information be found?
The Material Safety Data Sheet (MSDS) provides a detailed description of the composition and physical properties of the substance. One should be able to locate the boiling point and flash point within this data. If a substance is available on the Transport of Dangerous Goods (TDG) website, it is possible to examine TDG’s classification of the substance for boiling point and flash point ranges. For oils, information is available from Environment Canada's Environmental Science and Technology Centre. This presents both physical properties and some information regarding composition.It is also possible to use established ASTM laboratory tests to determine a substance’s boiling point and flash point.
What if the substance concentration in a mixture is variable and sometimes meets the prescribed concentration (column2, Schedule1) and sometimes doesn't?
If the substance concentration in the mixture occasionally (i.e. at least once per year) meets the prescribed concentration, the substance quantity in the mixture should be taken into account.
Notification of Change
How was the 10% quantity change requirement chosen?
The decision regarding the trigger of 10% was based on expert opinion. A 10% increase for a substance listed with a low threshold could have significant consequences in an environmental emergency.
Will notification requirements triggered by increases of 10% or more in substance quantity necessitate unfeasible facility monitoring?
In order to keep abreast of all potentially hazardous sites in Canada, the E2 Regulations require that Environment Canada be notified, within 60 days, of changes to information provided in Schedule 2 of the Regulations or of any increase of 10% or more to the maximum expected quantity of a reported substance. When calculating the quantity of a substance on a site, regulates must determine the maximum inventory. If the quantity of a substance is prone to regular fluctuations, the maximum capacity should be estimated. This would avoid the need for the facility to notify Environment Canada of the changes in quantity when regular fluctuations occur. A new notice must also be filed within 90 days if the maximum quantity drops below the threshold for 12 consecutive months. These changes constitute significant modifications to the facility's inventory, and designated authorities should therefore be made aware of the change.
In the case of a contract warehouse, is it the contractor or the owner of the goods who should be responsible for developing an E2 plan?
When identifying affected parties to the E2 Regulations, both the owner and the operator of a regulated substance can be held accountable in the case of non-compliance with the Regulations. Although only one E2 plan is necessary, prepared and implemented by either the owner or the operator, multiple accountability may exist in the event of an environmental emergency.
The word "person" may lead to confusion. Could you give a precise definition?
The term person may include a company, an individual, or a government body.
What is meant by "in storage or in use"? For example, when the quantity stored plus that in use (e.g. in vehicles and jerry cans) is added up, it could exceed the trigger.
To determine whether you have the threshold quantity of a regulated substance, you must calculate the maximum quantity within storage (in storage containers) and used within the facility's processes at any one time during a calendar year. Your maximum quantity may be more than your normal operating maximum quantity. For example, if a substance is stored in a container and can be found in pipelines that feed processes, the total quantity would include all of the quantity within the container, processes and pipelines.
Also, remember that quantities of a substance that are "in a fuel tank supplying the engine of a conveyance that is used for transportation" are exempted as per paragraph 3(2)(e).
What is meant by "all quantities of the substance at the place"? Does this mean total quantity in one specific location (e.g. one storage tank) or total quantity at one geographic "place"?
All quantities of a regulated substance must be considered when calculating inventory; therefore, substances used in a process or stored in containers, small and large, are to be considered. The E2 Regulations do, however, exempt from the Regulations small amounts of substances meant as consumer commodities, as does the Transportation of Dangerous Goods Act. This exemption only applies to quantities of a substance in a container that has a maximum capacity of 30 kg or less (see paragraph 3(2)(b) of the E2 Regulations).
Do the E2 Regulations apply to listed substances if they are found in transportation vehicles left at facilities?
The E2 Regulations apply to any substances found at a “place in Canada”. This captures all movement within a facility; however, transportation to and from facilities is not covered. This is captured by other legislation such as the Transportation of Dangerous Goods Act or the Canada Shipping Act, 2001.
According to section 2 of the E2 Regulation, the E2 Regulations will not apply to a substance that is subject to the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act 2001, unless the substance is being loaded or unloaded at a facility. Additionally, paragraph 3(2)(a) of the E2 Regulation exclude any E2 substance quantities that are temporarily stored for 72 hours or less in a container that is not normally located at the place, if the person keeps evidence during the temporary storage period of the date the substance was received.
Should only pure substances be considered in calculating the quantity?
The E2 Regulations require that affected parties notify EC of all regulated substances that they hold on site, providing the substances equal or exceed the specified thresholds. This includes pure substances as well as those found in mixtures at concentrations of 1% or more.
Are flammable substances used as fuels exempt?
Gasoline and constituents of other flammable mixtures listed in Schedule 1 of the E2 Regulations are subject to the Regulations if used or stored at or above specified thresholds. When dealing with flammable mixtures, the flash point and boiling point criteria set out in the E2 Regulations must be met (see paragraph 2(a)). The E2 Regulations do exempt quantities of a substance in a fuel tank supplying the engine of a conveyance used for transportation (see paragraph 3(2)(e)).
Do substances that have a qualifying concentration require E2 plans if the concentration is below the cut-off?
No. If a substance, such as ammonia solution, is held at a facility below its specified qualifying concentration, which in this case would be 20%, it does not constitute a “substance” as per the authorities of the E2 Regulations.
Are combustion emissions substances (e.g. carbon monoxide or sulfur dioxide) excluded?
We are not intending to regulate emissions from combustion sources. Processes that emit CO and SO2 are already covered by other air quality-type regulations. Also, by-products of
combustion (e.g. from accidental fires) are not covered under this regulation. A possible scenario where the E2 regulation would apply might be if, for example, SO2 was being stored (after being stripped off from an emission stream) rather than being emitted.
Is there an exemption for motorized vehicles? The movement of vehicles on and off a site could lead to a facility's status regularly changing.
Quantities of a substance that are "in a fuel tank supplying the engine of a conveyance that is used for transportation" are exempted. In addition, substances in transport outside of fixed facilities are not covered by the E2 Regulations, as emergency planning is then regulated under the Transportation of Dangerous Goods Act.
In instances where the quantity of a substance may regularly fluctuate around the maximum quantity, wouldn't it be more appropriate if Environment Canada considered a periodic report (quarterly, biannually)?
When calculating the quantity of a substance on one's site, it is necessary to determine the maximum inventory. If the quantity of a substance is prone to regular fluctuations, the maximum capacity should be estimated. This would avoid the need for the facility to notify Environment Canada of the changes in quantity when regular fluctuations occur. A new notice must be filed within 60 days if the maximum quantity is increased by 10%. If the maximum quantity drops below the threshold quantity for 12 consecutive months, Environment Canada must be notified within 90 days. These constitute significant changes to the facility's inventory; therefore, designated authorities should be made aware of the change.
Do the E2 Regulations apply to pipeline facilities for which emergency planning requirements are mandatory through other federal or provincial legislation?
No. The E2 Regulations only apply to substances found at a place in Canada. This captures all movement within the facility; however, transportation to and from facilities is not covered. This is captured by other legislation such as the Transportation of Dangerous Goods Act and by the National Energy Board or provincial pipeline-related legislation.
Is it acceptable for independent contractors to provide the majority of the emergency response and cleanup? Some smaller facilities may not have sufficient numbers of employees to fully respond.
The E2 Regulations do not limit the use of outside or independent emergency response contractors, as these agencies will be a necessary resource for many facilities. Hence, it is acceptable for independent contractors to provide the majority of the emergency response and cleanup. Still, to comply with subsection 4(3) of the E2 Regulations, one or more employees at the facility must be identified and trained as those coordinating any outside assistance in the event of an emergency.
How does the word "Person" used through the E2 Regulation text reflect the fact that many of the facilities would be owned or managed by a corporation or by other entities?
The term "any person" refers to all affected parties, be they distinct individuals, corporations or other entities. Either ownership or management of the substance has bearing on accountability in the case of non-compliance with the E2 Regulations. Although only one emergency plan is necessary, prepared and implemented by either the owner or the operator, multiple accountability exists in the event of an environmental emergency.
Is the maximum quantity of a substance defined as the quantity found in a single container or rather the amount found in an inventory of several containers?
The maximum quantity of a substance is a calculation of its total amount found in an inventory of all storage places and processes on-site, rather than simply the quantity found in a single container. This allows for the inclusion of all regulated substances stored in both single and interconnected containers as well as those used in different processes, such as fractionating towers. The E2 Regulations do, however, also require that the capacity of the largest container used for that substance be identified.
For safety reasons I am only allowed to fill up to 80% of the maximum capacity of my tank. Should I report this 80% level as the maximum capacity of the tank since I am not allowed to fill it any higher than this amount?
No. One must report the maximum (100%) capacity of the tank regardless of the allowable filling level calculated for safety reasons. Thus, using the 80% level as the maximum capacity of the tank is not acceptable.
Access to Information/Confidentiality
Will information provided by companies pursuant to the E2 Regulations be available to the public?
Once reviewed, information submitted to Environment Canada will be made available to the public and to first responders to the extent legally permissible. Steps will be taken to manage and provide information to the public in a way that does not place Canadians at risk through access to such information by potential criminal or terrorist elements. Also, Government of Canada policies respecting the disclosure of Confidential Business Information will be adhered to.
Accordingly, certain information such as the names and locations of regulated facilities can be viewed on Environment Canada's publicly accessible website. For more detailed information on individual facilities within your community and on the notices they have submitted pursuant to the E2 Regulations, please contact your regional Environment Canada office, or email us at firstname.lastname@example.org.
How will the information provided by companies be made available to first responders?
Environment Canada will grant public safety authorities, such as fire departments and police services, password-protected access to the Environmental Emergency Regulations database. To gain access, public safety authorities must complete and submit an official request form
 Chemical Abstracts Service (CAS) information is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or reports to the government when the information and the reports are required by law or administrative policy, is not permitted without the prior written permission of the American Chemical Society.
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