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MINISTRY OF ENVIRONMENT (MOE) Proposes Delay to Phase I Toxic Reduction Plan

The Ontario Ministry of the Environment (MOE) has proposed an amendment to Ontario Regulation 455/09 under the Toxics Reduction Act (TRA). If passed, the amendment would extend the due date for Phase I toxic substance reduction plans and plan summaries by one year to December 31, 2012. This proposed amendment will not change the required deadline of June 1, 2011 to submit the first report which is to be based on tracking and quantification data of production during 2010.

Currently, if you satisfy the reporting requirements you must prepare a report by June 1st, 2011 and your first toxics substance reduction plan will need to be prepared by December 31st, 2011. The proposed amendment would defer the first plan by one year until December 31st, 2012. Phase II timelines are unchanged which means the Phase II toxic reduction plans and summaries are still due by December 31st, 2013. Phase II applies to all substances on the current NPRI notices including acetone.

Although Property Managers and Building Owners are not directly impacted, Section 3 (1) of the Act states that the owner and the operator of a facility shall ensure that a toxic substance reduction plan is prepared for a toxic substance. Property Managers and Building Owners have a duty to ensure that tenants comply.

If you manufacture, process, or otherwise use or release one of the listed toxic substances, in an amount that meets or exceeds any of the substance specific thresholds, then the Act and regulation apply. The company must document its process, track the flow of toxic substances and prepare a plan on how the company could reduce its use of the listed toxic substance.