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

Comments

Some comments were supportive of a regulatory backstop in 2015 or possibly earlier, to legally enforce targets:

• Support a regulatory approach that integrates environmental, social and economic objectives.
• Regulatory backstop should be advanced prior to 2015.
• Timing of regulatory backstop is unclear - the statement that it will occur by 2015 could mean any time before 2015.

Responses

The proposal for pollution prevention planning now by the industry followed by regulations effective in 2015, gives the sector the time necessary to make the process and technological changes to achieve the world class environmental standards for all Canadian smelters.

Comments

Other comments were opposed to regulations by 2015:

• Regulations in 2015 are not reasonable because variability in receiving environments are not contemplated or accounted for.
• Regulatory backstop in 2015 could result in conflict with some provinces.

Responses

The Minister of the Environment is committed to provide leadership and to develop regulations to help harmonize regulatory requirements for all base metal smelters by 2015.

The selection of appropriate standards for inclusion in the regulations will take into account consultations with provinces and stakeholders, existing and new studies, and the results of the Pollution Prevention Plans prepared and implemented by facilities.

Comments

Several comments under this theme were related to how federal and provincial programmes could be complementary:

• The strategy should synergize with provinces, and could include regulations, market-based instruments, and Environmental Performance Agreements.
• Environment Canada needs to engage in bilateral discussions with Manitoba.
• Certain federal targets are more stringent than in provinces.
• Encourage federal government to consider regulations that avoid unnecessary overlap or duplication with provincial regulations and programs, perhaps by considering appropriate provincial requirements as equivalent to federal limits.

Responses

The development of Equivalency Agreements with Provinces, and a full range of environmental strategies can be used. The National Advisory Committee of the Canadian Environmental Protection Act (CEPA NAC) will continue to be used.