Consultation Document Phenol, 4,4'-(1-Methylethylidene)bis-(Bisphenol A)

• 5.1 Regulatory Framework
• 5.2 Elements of the Proposed Regulations
  • 5.2.1 Application and Exemptions
  • 5.2.2 Environmental Management System
    • 5.2.2.1 Proposed Sampling and Analysis Requirements
  • 5.2.3 Release Limit
  • 5.2.4 Reporting of Releases
  • 5.2.5 Record-keeping
  • 5.2.6 Coming into Force

5.1 Regulatory Framework

This regulatory proposal may be used as part of a broader strategy to prevent and reduce industrial releases containing substances determined to be "toxic" under section 64 of CEPA 1999. Common elements of this framework could include industrial release limits as well as requirements to develop and implement an environmental management system, specific to these release limits.

5.2 Elements of the Proposed Regulations

5.2.1 Application and Exemptions

The proposed regulations would apply to all facilities that manufacture, process or use (alone, or as part of an industrial chemical) at least 100 kg of bisphenol A per year. An industrial chemical formulation may be defined, for the purposes of this consultation, as an intermediate or ingredient used in a process to manufacture an intermediate or finished product.  

The proposed regulations would not apply to facilities using bisphenol A in a laboratory for analysis, research or as an analytical standard.

5.2.2 Environmental Management System

The proposed regulations would require facilities to implement an environmental management system (EMS). An EMS is a set of management processes and procedures that allows an organization to analyze, control and reduce the environmental impact of its activities, products and services. An EMS is based on the methodology known as Plan-Do-Check-Act (PDCA). PDCA can be briefly described as follows:

Plan: establish the objectives and processes necessary to deliver results in accordance with the facilities environmental policy

Do: implement the processes

Check: monitor and measure processes against the environmental policy, objectives, targets, legal and other requirements, and record the results

Act: take action to continually improve the performance of the EMS

The level of detail and complexity of an EMS, the extent of documentation and the resources devoted to it depend on a number of factors, such as the scope of the system, the size of the facility and the nature of its activities, products or services.

For the purposes of fulfilling the risk management objective for bisphenol A, facilities owners or operators would be required to implement and maintain an EMS with the overall objective to manage, reduce or eliminate the release of bisphenol A from industrial effluent. The EMS would be required to contain the following:

• Procedures to achieve the protection of the environment against the adverse effects that may result from the release of bisphenol A to water;
• Measures for monitoring the effectiveness of the procedures and modifying them in the event that they do not protect the environment;
• Verification of compliance with the applicable laws with respect to the protection of the environment;
• Procedures to monitor, measure, sample and analyze industrial effluent releases and to keep documents, records and other relevant information as part of the EMS; and,
• Objective and impartial verification that the EMS includes the above requirements ^[15].

Under the proposed regulations, the EMS would need to be accessible at each facility to which the regulations would apply and be made available to an Environment Canada enforcement officer upon the officer’s request.

5.2.2.1 Proposed Sampling and Analysis Requirements

Under the proposed regulations, sampling and analytical testing should be performed in accordance with generally accepted standards of good scientific practice.

Sampling should be performed using a documented and validated method by a person trained to perform release sampling for the bisphenol A. The samples should be undiluted and representative of the facility industrial effluent and representative of normal operating conditions related to bisphenol A manufacturing, process or use. Facilities will be required to develop effective sampling schedules, methods and identify sampling parameters (e.g sampling points and frequencies). Facilities may be required to keep documents, records and other relevant information be made available to an Environment Canada enforcement officer upon the officer's request.

Analysis of the samples should be performed in accordance with generally accepted standards of good scientific practice at the time of the analysis by a laboratory that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025: 2005 entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time.

5.2.3 Release Limit

The proposed regulations would limit the release of bisphenol A from industrial effluents to a maximum concentration of 1.75 µg/L. This proposed limit would apply to the source of the discharge of wastewater from an on-site treatment facility, or the discharge from a facility, other than wastewater from the treatment of intake water, including process water, wash-down water and cooling water, whether the discharge is released into the municipal (wastewater) system or directly to water. The proposed limit would apply to industrial effluents from an identifiable discharge point of a facility beyond which the operator of the facility no longer exercises control over the quality of the effluent.

5.2.4 Reporting of Releases

Where a release of bisphenol A exceeding the proposed release limit occurs, information on the release would need to be provided to the Regional Director, Environmental Enforcement Division, Enforcement Branch for the region in which the release occurs and contain the following items:

• Name, civic address, civic address of the facility (if different), phone number and e-mail address (if any) of the person submitting the report;
• The date, time, location and duration of release;
• The estimated quantity and / or concentration of bisphenol A released;
• Description of the circumstances leading to the release, including identification of its cause, if known, and any corrective action taken;
• Description of the corrective and preventative actions taken and review their effectiveness; and
• The identification of all persons and agencies notified as a result of the release or likely release.

5.2.5 Record-keeping

Under the proposed regulations, the owner or operator of a facility would be required to retain all relevant records for a period of at least five years beginning on the date of their creation and be made available to the Minister of Environment or enforcement officer upon request.

5.2.6 Coming into Force

The proposed regulations will be published in the Canada Gazette, Part I, no later than October 17, 2010 followed by a 60 day public comment period.

It is anticipated that the final regulations will be published in the Canada Gazette, Part II, no later than April 2011.

It is proposed that the regulations will come into force on the day that they are registered.

^[15] ISO 14001:2004(E) Environmental Management Systems -- Requirements with Guidance for Use