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

Comments

Many comments, suggestions, and proposed changes regarding the wording of the Proposed Notice were made. Some addressing definitions:

• To define "Particulate Matter", as it is unclear whether this refers to PM10, PM2.5 or Total PM. It would also be helpful to differentiate between process sources... and diffuse sources.
• To review the definition of a "new facility" as being a facility that start after the requirements for the plan come into force instead of the definite date of January 1, 2005.

Responses

The modified P2 Planning Notice targets refer to total Particulate Matter from process sources (stacks and smelter process buildings)

There is no definition of a "new facility" in the modified Code or fnal P2 Planning Notice. These projects will be dealt with through environmental assessment processes required for these facilities.

Comments

Suggestions were made regarding the harmonization of annual reporting with National Pollutant Release Inventory (NPRI) and provinces.

• Concern that P2 Plan reporting is due January
  31st of each year - data are not available until April or May of following year and NPRI data is due only June 1st.
• To align reporting requirements of annual interim progress reports, new facilities should be required to submit the first interim report on January 31 of the next year.

Responses

P2 Planning reporting deadlines for Interim Progress Reports have been aligned with NPRI reporting deadlines for June 1 of each year. The deadline to prepare a P2 Plan will remain 6 months after the publication of the final Notice. Declarations of Preparation will be due 30 days after the period provided to prepare the P2 Plan (section 5 of the final Notice).

Comments

Some comments addressed specific sections of the Proposed Notice:

• Section 7 of schedules refers to objective, which is not defined in the Proposed Notice.
• Timelines under CEPA 1999 and the Proposed Notice are too extensive, and the date of implementation should be advanced.
• Date of implementation should be December 31, 2008.
• The time period between the Final Notice publication and the first declaration should be longer than 6 months.
• The Notice should specify that facilities can use all relevant information or studies, not those "specific to the facility" as this could preclude consideration of other information.
• Current emissions should be referenced in emission reduction targets tables.

Responses

The modified P2 Planning Notice includes the objective, as reported.

Date of implementation has been kept to December 31, 2015.

Environment Canada believes that 6 months after publication of the final Notice is sufficient to prepare the plan. Most facilities have been working on options to reduce emissions of toxic substances since the Strategic Option Process completed in 1997. In addition, at the time of the publication of the final Notice, there would have been a period of about 18 months since the Proposed Notice was published. Also, as per section 14 of the Notice, persons may submit a written request to the Minister for an extension of time to prepare the Plan.

Factor to consider in section 4 of the final Notice has been reworded to indicate that facilities can use all relevant information or studies. 

Comments

Other comments addressed the Schedules and Declaration forms of the Proposed Notice:

• Schedule 1, Part 4.1 should be removed, as releases cannot be "manufactured, processed, distributed or otherwise".
• To provide guidance for Section 4.1 of Schedule 1.
• Schedule 1, Parts 4.3.3 and 4.3.4 should include "as appropriate" or be specifically confined to declarations regarding mercury, since the other substances can not be released to water and land.
• Schedule 1 should provide space for explaining possible changes in total releases from change in production rate or other relevant factors.
• The Declaration Forms should require more information on point sources or air releases and related operating conditions in order to integrate these specifics in the P2 Plan and interim progress reports.

Responses

Section 4.1 in Schedules 1, 4 and 5 of the final P2 Planning Notice has been removed.

Sections 4.3.3 and 4.3.4 in Schedules 1, 4 and 5 of the final P2 Planning Notice have been removed.

Section 8 of Schedule 1 is the appropriate place to explain and provide the reasons of possible changes in releases.

The information on point sources or air releases and related operating conditions would normally be included in the Pollution Prevention Plan.