Environmental Emergency Regulations are made under Canadian Environmental Protection Act, 1999 (CEPA 1999).
The E2 Regulations were developed by the Canadian federal government to reduce the frequency and consequences of uncontrolled, unplanned or accidental releases of specific hazardous substances into the environment. The Regulations contain a list of 215 substances (primarily identified by CAS Registry Number) that have been identified as having at least one emergency hazard characteristic (explosive, flammable, inhalation toxic, aquatic toxic or carcinogenic).
Trinity Consultants' Ontario office has worked with many clients who have identified the storage and use of one or more of these regulated substances. These substances may be present either in their pure form, or in mixtures in which the substance's concentration is equal to or greater than the applicable concentration. Trinity works closely with our clients to determine if the total on-site quantity of a regulated substance equals or exceeds its threshold quantity and if the substance is stored in a container having a maximum capacity equal to or above the applicable threshold.
If it is determined that the threshold is met, the facility is required to prepare, implement and test an E2 plan.
Notices/Reports/Certification as Required for the E2 Regulations
A regulated facility is required to submit the different types of notices, reports and certification described below. Timing is in reference to the day that the quantity of a regulated substance first equals or exceeds the threshold quantity or the day on which the maximum capacity of the single largest container in which the substance is stored first equals or exceeds the threshold quantity.
- Notice of identification of substance and place (within 90 days)
- Report on the E2 plan preparation (within 6 months)
- Notice of implementation and testing (within one year)
- Signed certification (must be sent to the appropriate Environment Canada regional office at the same time as the person is submitting the other information required above)
- Notice of termination of use of a regulated substance
Trinity has worked with many industrial clients to prepare plans in a form that meets regulatory requirements and makes the most sense for their specific organization. The complexity of E2 plans may vary depending upon the circumstances, but some basic factors need to be taken into consideration:
- The E2 plan must be site-specific
- A single E2 plan may deal with one or more substances but must address the full range of hazards present on the site, including any environmental emergency that can reasonably be expected to occur (natural disasters, severe weather conditions, etc.) as well as the elements of prevention, preparedness, response and recovery.
- The plan should include site plots and safety data sheets (SDSs) for each substance for additional information.
- Records of annual testing and annual updates must be kept at the facility with the E2 plan.
- Site-specific training must be included in the E2 plan.
Finally, Environment Canada strongly suggest that emergency E2 plans be created voluntarily, at facilities that are not currently required to do so under the CEPA Environmental Emergency Regulations.
Trinity can help assess your facility, operations and determine the need for an E2 plan or advise on best management practices to eliminate or reduce environmental risk. For more information, please contact Ulla Jokinen at (416) 391-2527 x26, or Suzy Sabanathan at (416) 391-2527 x22.