Proposed risk management strategy addressing ammonia, inorganic chloramines and effluents: introduction

Introduction

• About this Report
• The Consultation Process
• Timelines

Environment Canada hosted a series of one-day consultation sessions in 13 centres across Canada from August 20^th to November 4^th, 2002. Environment Canada provided information to stakeholders and interested parties and collected feedback on the proposed Risk Management Strategy for ammonia^{Footnote 1} , inorganic chloramines and chlorinated wastewater effluents under the Canadian Environmental Protection Act, 1999 (CEPA 1999). These substances have been either added to, or proposed to be added to the List of Toxic Substances (Schedule 1) under CEPA 1999. These substances are primarily discharged to surface waters through municipal wastewater effluents.

Environment Canada recognizes that addressing the risks associated with effluents from municipal wastewater systems and other wastewater systems is a complex issue. The proposal to require the preparation and implementation of pollution prevention plans under CEPA 1999 is a first step within the context of developing a long-term strategy to consider the requirements of both CEPA 1999 and the Fisheries Act.

The consultation sessions aimed at providing participants with:

1. contextual information for the substances addressed in the proposed instrument under CEPA 1999 and for the development of a long-term strategy; and
2. an opportunity to comment on the proposed elements of the Notice to be published in Canada Gazette, Part I, that would require pollution prevention plans to be prepared and implemented under CEPA 1999, such as the:
   • risk management objectives for ammonia, inorganic chloramines and chlorinated wastewater effluents;
   • criteria to select the wastewater systems for which pollution prevention plans will be prepared and implemented; and
   • timelines for the preparation and implementation of the pollution prevention plans.

The consultations did not aim to build consensus on any issues, nor were recommendations voted on.

Environment Canada committed to summarize the input received during the consultation sessions and to share this report with those who participated. After consideration of the comments received, Environment Canada will formally propose, by publication of a Notice in Canada Gazette, Part I, a preventive or control instrument addressing ammonia, inorganic chloramines and chlorinated wastewater effluents in the Spring of 2003. This publication will be followed by a 60-day comment period. A final Notice of the instrument will be published in 2004.

About this Report

This report presents a summary of the key messages, perspectives, ideas and issues that were raised throughout the course of the consultation sessions. This report does not attempt to include all comments, but aims to reflect the range of comments, common concerns and regional perspectives, areas of agreement as well as divergence, suggestions for improvement and areas requiring clarification.

The issues raised by participants that are related to the proposed Risk Management Strategy are presented in Chapter 1 of this report. Part 1 covers the proposed risk management objectives for ammonia, inorganic chloramines and chlorinated wastewater effluents. Part 2 presents the feedback on the proposed criteria to select the wastewater systems for which pollution prevention plans will be prepared and implemented. Part 3 provides feedback on the proposed timelines for the preparation and implementation of the pollution prevention plans. Part 4 provides feedback on the issues related to the administration of pollution prevention plans.

In addition, a number of broad-based and cross-cutting themes emerged during the consultation. These are presented in Chapter 2 of the report titled "Overarching Themes." These include: Harmonization and Working Together; Compliance and Enforcement; Performance Measurement; Long-term Strategy Implications; and Funding.

Please refer to Appendix D for a list of Environment Canada's Regional Contacts for this initiative.

The Consultation Process

To support the consultations, Environment Canada prepared two documents which were provided to participants prior to the consultation sessions. The Proposed Risk Management Strategy addressing Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents under CEPA 1999 outlines the proposed approach based on pollution prevention planning under CEPA 1999 as a first step, and on the development of a long-term strategy for wastewater effluents. The Pollution Prevention Planning for Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents Working Document provides details on the proposed Notice that would require preparation and implementation of pollution prevention plans.

Representatives from provinces and territories, municipalities, industry associations, environmental groups and other interested parties were invited. With regard to municipalities, Environment Canada invited representatives from centres operating collection systems or treatment plants discharging more than 5000 m³/day. This approach was intended to engage those directly affected by the proposed approach as well as to alert others of Environment Canada's intention to develop a long-term strategy for wastewater effluents.

The consultation sessions were designed to be participative and to enable open discussion and feedback. Following the first session held in Saskatoon, Saskatchewan, the agenda was revised to spend more time on the implementation of the pollution prevention planning instrument. Each of the following sessions were structured in a similar fashion.

Environment Canada staff made presentations in plenary sessions setting the context of the initiative with regard to the requirements of CEPA 1999. Staff outlined the proposed risk management strategy addressing ammonia, inorganic chloramines and chlorinated wastewater effluents and focusing on the proposed elements of the Notice that would require pollution prevention plans to be prepared and implemented. In addition, participants were informed of Environment Canada's intention to work towards a long-term strategy for managing wastewater effluents.

Participants were provided an opportunity to seek clarifications through question and answer sessions, discuss the elements of the proposed approach in a small group setting, and provide feedback through plenary reporting and written reports. In addition, participants were invited to submit written comments within two weeks after each session.

A total of 365 invited participants attended the consultation sessions held at 13 centres across Canada. A full list of participants is included in this report (Appendix A). In addition, Environment Canada received 26 written submissions from municipalities, professional and environmental organizations; a list of those who made submissions is provided in Appendix B.

The following is a list of the centres where the consultation sessions were held with the respective dates:

• Saskatoon, Saskatchewan (August 20, 2002)
• St. John's, Newfoundland and Labrador (September 9, 2002)
• Moncton, New Brunswick (September 11, 2002)
• Toronto, Ontario (September 23, 2002)
• London, Ontario (September 24, 2002)
• Sudbury, Ontario (September 26, 2002)
• Saint-Hyacinthe, Quebec (October 2, 2002)
• Winnipeg, Manitoba (October 8, 2002)
• Edmonton, Alberta (October 10, 2002)
• Nanaimo, British Columbia (October 24, 2002)
• Vancouver, British Columbia (October 25, 2002)
• Yellowknife, Northwest Territories (October 31, 2002)
• Whitehorse, Yukon (November 4, 2002)

At the conclusion of each session, participants were invited to complete an evaluation form on the consultation format and process. Generally, participants found that the objectives of the consultations had been achieved. Participants noted that the presentations and information provided by Environment Canada had been useful. They also noted that the process enabled open and frank discussion, the opportunity for a wide range of views to be heard and the ability to provide follow-up written submissions. Many participants expressed the desire to remain involved through the preparation of the Final Notice and on the development of the long-term strategy.

Timelines

A fundamental element of the approach proposed by Environment Canada relates to the legislated timelines under CEPA 1999. With regard to the substances covered by this initiative, the Ministers of the Environment and Health published on June 23, 2001^{Footnote 2}  their proposed recommendation that Ammonia, Inorganic chloramines, Textile mill effluents, and Nonylphenol and its ethoxylates be added to the List of Toxic Substances, Schedule 1, under CEPA 1999. On March 4, 1999, Chlorinated wastewater effluents was added to Schedule 1^{Footnote 3}  based on a previous risk assessment. CEPA 1999 requires the Minister of the Environment to propose preventive or control instruments for these substances within 24 months of the Ministers' recommendation (before June 23, 2003) and to finalize these instruments within a further 18 months (before December 23, 2004). Figure 1 illustrates the critical dates. In addition, Environment Canada recognizes that addressing the risks associated with effluents from municipal wastewater systems and other wastewater systems is a complex issue and that the proposed requirement to prepare and implement pollution prevention plans under CEPA 1999 is only part of the solution. This first step must be taken within the context of developing a long-term strategy which considers both the current and future "CEPA-toxic" substances and the requirements of the Fisheries Act. Figure 2 illustrates the time frames that Environment Canada currently envisions for the long-term strategy. The outcome will be fair, consistent and predictable application of both CEPA 1999 and the Fisheries Act.