In June 2009, the Ontario government passed the Toxics Reduction Act, 2009 to reduce the use and creation of so-called “toxics.” The government also released a regulation to implement the Act. Both the Act and the regulation took effect on Jan. 1, 2010.
Owners and operators of facilities covered by the new laws must do three key things:
- Track and quantify the toxic substances they use, create and release;
- Develop toxic substance reduction plans; and
- Report their progress in reducing toxic substances.
So which facilities are covered? The Act and regulation apply to facilities in the manufacturing and mineral processing sectors (excluding physical extraction, crushing or grinding) that are required to report to the National Pollutant Release Inventory (NPRI) and to the Ontario Ministry of the Environment under Reg. 127/01 on acetone. To be required to comply, these facilities must also employ a certain number of workers and use or create specified toxics in amounts that exceed the designated threshold.
For additional guidance on whether the Act and regulation apply to your company, look at two sections of the regulation:
- Sec. 2(1): “In the Act, ‘employee’ and ‘facility’ have the same meaning in a given calendar year as the meaning set out in the NPRI Notice for that year”; and
- Sec. 4(1): “For the purposes of paragraph 1 of subsection 3(1) of the Act, a facility at which manufacturing takes place is a prescribed class of facilities”—that is, is a facility covered by the law. Sec. 4(2) notes that covered facilities include:
- a facility identified by a NAICS code commencing with the digits “31,” “32” or “33”; and
- a facility identified by a NAICS code commencing with the digits “212” that processes minerals, but only if the mineral processing at the facility involves the use of chemicals to extract, refine or concentrate an ore.
Still not sure if your company needs to worry about complying with the new toxics requirements? Attend our FREE webinar on July 15, 2010 for OHS Insider members, and ask the experts.
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