Base Metal Smelters and Refineries and Zinc Plants – Response to Stakeholders' Comments

A Proposed Notice for Pollution Prevention Plans for Base Metals Smelters was published in Canada Gazette, Part I on September 25, 2004 , in accordance with the Canadian Environmental Protection Act (CEPA). Drafts of an associated Environmental Code of Practice were also made available for public consultation.

Comments were received from members of a Base metals Environmental Multistakeholder Advisory Group (BEMAG) and others on the Proposed Notice and draft Code. Subsequent proposed modifications to the Proposed Notice and Code were discussed by BEMAG on October 27, 28, 2005. A convergence of views on most issues evolved among involved stakeholders during these consultations.

The following summarizes the nature of the comments by stakeholders :

• Broad support evolved for the use of Pollution Prevention Plans and the associated Code under CEPA for the management of pollutants from the sector.
• The development of modified emission reduction targets and schedules, based on available pollution prevention and control, and taking into account provincial requirements, was widely supported. Some suggested that environmental, health, engineering and economic considerations should be more fully taken into account.
• Comments were received to refine drafts of the Environmental Code of Practice.
• Many, although not all stakeholders, supported the concept of a level playing field of environmental performance minimum standards, with requirements having regulatory force by 2015 and harmonized across the country.
• The BEMAG consultative process was widely supported with similar inclusive and transparent processes suggested for reviews of the Pollution Prevention Plans as they are developed and implemented.

All comments were taken into account and are reflected in the Final Pollution Prevention Planning Notice, published in Canada Gazette Part I, April 29, 2006 , and reflected in the associated Environmental Code of Practice for Base Metals Smelters and Refineries, First Edition, published March, 2006.

The following summarizes the elements of the Final Notice and indicates responsive modifications and revisions to the Proposed Notice.

Modifications and Revisions to the Proposed Notice

Factors to consider in pollution prevention plans

Other elements in pollution prevention plans

• Element of Pollution Prevention Plan Notice:
  • Preamble
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • The Final Notice announced by the Minister of the Environment (The Proposed Notice was issued on behalf of the Minister by the Director General, Pollution Prevention Directorate, Environment Canada)
• Element of Pollution Prevention Plan Notice:
  • Definitions and Substances covered by the Plan
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Editorial refinements (some definitions were deleted, others added)
• Element of Pollution Prevention Plan Notice:
  • Facilities Covered
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes - only existing facilities are addressed.

Factors to consider in pollution prevention plans

• Element of Pollution Prevention Plan Notice:
  • Objective
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Title added for "Risk Management Objective", but Objective wording itself unchanged.
  • "The application of best available techniques for pollution prevention and control to avoid or minimize the creation and release of pollutants and wastes and to reduce the overall risk to the environment or human health"
• Element of Pollution Prevention Plan Notice:
  • Environmental Code of Practice
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Code modified to include new minimum level emissions guidelines for existing facilities (e.g., 90% minimum Sulphur Fixation modified from 95%) and more stringent requirements for different types of new smelting facilities. Also additional ambient air quality objectives (e.g., World Health Organization for Sulphur Dioxide).
  • Requirements to report on conformance with Code Recommendations as a factor to consider more explicit.
  • Clarifications, refinements and corrections made to Code text.
• Element of Pollution Prevention Plan Notice:
  • Community Air Quality Protection Program
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • This is a new "factor" which explicitly refers to associated Code Recommendations and outlines elements of the Program
• Element of Pollution Prevention Plan Notice:
  • Smelters Emissions Reduction Program - Sulphur Dioxide and Particulate Matter
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • This is a new "factor" which incorporates modified emission reduction targets and schedules.
  • The Sulphur Dioxide targets are aligned to provincial requirements for BC, ON, QC and NB for 2008 and 2015 or 90% Sulphur Fixation for 2015, whichever is the most stringent. The 2008 target for Manitoba smelters is 15% less than current regulated provincial limits of 220,000 tonnes/year.
  • The Particulate Matter (PM) targets are now based on process PM only (and do not include quantified limits for area fugitive emissions, due to uncertainty of data) and are generally calculated for past emissions or 4kg PM/tonne of Metal Produced, whichever is the most stringent.
• Element of Pollution Prevention Plan Notice:
  • Smelters Emissions Reduction Program - Metals, Dioxins and Furans
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • The Annual Release Limit Targets for Mercury and Dioxins and Furans are unchanged and were derived from associated Canada wide Standards (CWS) which were applied respectively to the two large emitters in the sector for Mercury, and Dioxins and Furans.
  • Reference is added to the CEPA Metals Reductions targets of the Strategic Options Process and Report for the 2008 target and beyond. Specific references to associated Recommendations in the Code are made, including the recommended practice of developing facility-specific metals emissions reductions targets which take into account emission reduction targets for Sulphur Dioxide and Particulate Matter and concentrations and loadings of metals in the particulate and gaseous phases in air emissions.
• Element of Pollution Prevention Plan Notice:
  • Intention of Ministers to develop Release Regulations, effective 2015
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • This is retained with modified wording indicating possible Equivalency Agreements with Provinces.
• Element of Pollution Prevention Plan Notice:
  • Studies on environmental, health, pollution prevention and control techniques, greenhouse gas emissions, engineering and economics
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • The wording has been modified and indicates that these studies relate to smelter emissions and ambient air quality and may be taken into account in the development of Community Air Quality Protection Programs and Smelter Emissions Reduction Programs.

Other elements in pollution prevention plans

• Element of Pollution Prevention Plan Notice:
  • References
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Some references added including Cheminfo, 2006, Technical Assessment of Environmental Performance and Emission Reduction Options for the Base Metals Smelters Sector, March 2006
• Element of Pollution Prevention Plan Notice:
  • Periods for plan preparation, content of plan, requirement to keep plan
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes
• Element of Pollution Prevention Plan Notice:
  • Declaration of Preparation
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes - required by November 29, 2006
• Element of Pollution Prevention Plan Notice:
  • Declaration of Implementation
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes - required by January 30, 2016
• Element of Pollution Prevention Plan Notice:
  • Filing of amended Declarations
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes
• Element of Pollution Prevention Plan Notice:
  • Interim Progress Reports
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Modified to harmonize with National Release Inventory Requirements (NPRI). First annual Report required June 1, 2007. This includes completion of form for Status of Conformance with Environmental Code of Practice Recommendations.
• Element of Pollution Prevention Plan Notice:
  • Use of a plan prepared or implemented for another purpose
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes
• Element of Pollution Prevention Plan Notice:
  • Extension of Time
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes
• Element of Pollution Prevention Plan Notice:
  • Application for waivers of factors to consider
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • No substantive changes
• Element of Pollution Prevention Plan Notice:
  • More information on pollution prevention planning
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Updated information
• Element of Pollution Prevention Plan Notice:
  • Reference Code: P2BMS
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Unchanged
• Element of Pollution Prevention Plan Notice:
  • Forms
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Updated and modified to agree with Final Notice. Available electronically from the National Office of Pollution Prevention of Environment Canada.
• Element of Pollution Prevention Plan Notice:
  • Environment Canada contact information
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Updated
• Element of Pollution Prevention Plan Notice:
  • Explanatory Note
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Unchanged
• Element of Pollution Prevention Plan Notice:
  • Schedules 1, 2, 3, 4, 5
• Status of Element, including modifications, in Final Pollution Prevention Plan Notice:
  • Refined and updated forms for Declarations of Preparation, Request to Waiver of a Factor, Request for Time Extensions to Prepare and Implement, Annual Interim Progress reports, and Declarations of Implementation Completion.

In conclusion, Environment Canada carefully considered and was responsive to the sometimes conflicting comments and advice provided by stakeholders and consultants in the development of the Final Pollution Prevention Plan Notice and the associated Environmental Code of Practice for Base Metals Smelters and Refineries.