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October 20, 2008 - Volume 5, Number 4 | |
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FEDERAL NEWS
PROVINCIAL NEWSOntario:
OTHER ORGANIZATIONS
FEDERAL NEWSTurning the Corner - Draft Guide for Protocol Developers under the Offset System released. On August 8, 2008, Environment Canada released its Guide for Protocol Developers (the "Guide") which provides guidance as to the requirements and processes involved in the completion of an Offset System Quantification Protocol ("OSQP"). OSQPs are to be developed to provide a standardized method of quantifying GHG reductions related to a particular type of offset project. Offset systems are one component of the federal government's plan, entitled Turning the Corner, to reduce greenhouse gas emissions. The Guide is open for a 60 day consultation period in which parties may provide feedback to the federal government on its proposed guide for protocol development. The Guide is the first of three guidance documents which were promised for release this summer. It is to be followed by the Guide for Project Proponents and the Guide for Verification Bodies. These guidance documents will, along with the proposed greenhouse gas regulations, form the foundation of a domestic carbon market for Canada. The regulations are to be published later this year in the Canada Gazette for consultation, and the final regulations are to come into force on January 1, 2010. For the full article written by Lisa Jamieson and Nicole Chen, and edited by Mark Madras and Patricia Leeson, please click here: http://www.gowlings.com/e-form/Announcements/announcement_20080815.en.html Federal Government Seeks Public Comment on its Proposal to Add the International Boundary Waters Treaty Act as a trigger for Environmental Assessment The Canadian Environmental Assessment Agency has proposed to add the International Boundary Waters Treaty Act (IBWTA) to the Law List Regulations and the Inclusion List Regulations of the Canadian Environmental Assessment Act (CEAA). IBWTA licenses would be triggers for environmental assessments under the CEAA. Comments received by September 1, 2008 are being considered in the preparation of the Regulations. An IBWTA license is necessary when a project in Canada may alter water levels or flow rates in the United States. The proposed regulations are available for review http://canadagazette.gc.ca/partI/2008/20080802/html/regle2-e.html ecoEnergy for Renewable Power funds Chin Chute Wind Power Project The Chin Chute Wind Power Project, located approximately 20 kilometers southwest of Taber, Alberta, qualified for the one cent per kilowatt-hour incentive under the ecoEnergy for Renewable Power initiative. The project's 20 turbines can generate up to 30 Megawatts of clean, renewable power, enough to power nearly 11,000 homes. The project is owned by Suncor Energy Products, Enbridge Income Fund and Acciona Wind Energy Canada Inc. Sustainable Development Technology Canada Approves 19 Clean Technology Projects for Funding and Calls for Statements of Interest for Next Round On July 28, 2008, 19 clean technology project from across Canada were approved to share $57 million in new investments. The projects cover a broad range of technologies, including power generation, carbon capture and storage and waste railway ties processing. Sustainable Development Technology Canada (SDTC) is an arm's length foundation which has received $1.05 billion from the Government of Canada. SDTC has completed twelve funding rounds, committing $342 million to 144 clean technology projects. On September 3, 2008 SDTC announced that the $550 SD Tech Fund is open for Statements of Interest for its fourteenth round of funding until October 22, 2008. SDTC is seeking applications for technology innovations in all areas of sustainable development that deliver clean water, clean soil, clean air and a reduction in greenhouse gas emissions. Information on the approved projects can be found here http://www.sdtc.ca/en/news/media_releases/Projects_Rd12.htm Information on the application process and funding requirements can be found at www.sdtc.ca/en/SOIinfo.htm. Lake Simcoe Clean-up Fund allocates funding The Federal Government's $30 million Lake Simcoe Clean-up Fund allocated funds to the first group of projects approved. Thirty six projects will receive a total of $1.9 million. On July 18, 2008, Government representatives announced that the Kitchener Park Naturalization Project in Orillia would receive $30,000 as one of the approved projects. This project aims to reduce phosphorous inputs into the lake by planting a shoreline buffer. The buffer will discourage geese from entering the park area and will create a filtering system for run-off from the Park. It will also aid in preventing erosion by stabilizing the shoreline. The second round of proposals for funding will be sought in the Fall of 2008. For more information please see: www.ec.gc.ca/lakesimcoe Chlorinated Paraffins added as Toxic Substance under CEPA An Order Adding Toxic Substances to Schedule 1 of the Canadian Environmental Protection Act, 1999 was published in the Canada Gazette Part I on September 20, 2008. This order adds chlorinated paraffins to the List of Toxic Substances in Schedule 1 of CEPA In Canada, chlorinated paraffins are mainly used in metal-working, in plastics/rubber and as lubricating additives. The September 20, 2008 Canada Gazette also published and Order adding the following chemicals to the List of Toxic Substances: Propanedinitrile, Methyloxirane, Ethyloxirane, Naphthalene, Toluene diisocyanates, 1,2-Benzenediol and 1, 4-Benzenediol. For more information please see New Regulations for Polybrominated Diphenyl Ethers (PBDEs) Government of Canada published final regulations to reduce the levels of Polybrominated Diphenyl Ethers (PBDEs) that could be entering the environment. The Polybrominated Diphenyl Ethers Regulation, under the Canadian Environmental Protection Act, 1999 is aimed to minimize the release of these chemicals into the environment. PBDEs are not manufactured in Canada but are imported for use in commercial and consumer products including flexible polyurethane foam used as cushioning in upholstered furniture, automotive seating and carpet backing, flame retardants in electronics and upholstery and drapery textiles. The new regulations prohibit the manufacture of PBDEs and restrict their import, use and sale. For more information please see New Federal PCB Regulations On September 5, 2008 the Government of Canada registered the new PCB Regulations under the Canadian Environmental Protection Act, 1999 (CEPA). The description of the Regulation given in the Regulatory Impact Statement is as follows:
The Regulations establish a prohibition on the release, manufacture, process, import, export, sale, offer for sale and use of PCBs and products that contain a certain concentration of PCBs. They outline certain exceptions and timelines for exceptions to these prohibitions. The PCB Regulation also sets out storage requirements for PCBs and PCB-containing products and mandates the removal from storage by specified dates. All PCBs in concentration of 500 mg/kg or more must be removed by December 31, 2009. It also establishes: a prohibition for releases into the environment in quantities above prescribed limits, as well as labeling, record keeping and reporting requirements for concentrations of 50mg/kg or more that may continue to be used, processed or stored. For more information please see CCME Releases 2008 Report on Canada-Wide Standard for Petroleum Hydrocarbons in Soil The Canada-Wide Standard for Petroleum Hydrocarbons in Soil is a remedial standard which specifies consistent methods and outcomes for assessment and management of sites contaminated with Petroleum Hydrocarbons. The standard was revised in January 2008, after extensive review. On September 10, 2008 the 2008 report was posted on the Canadian Environmental Assessment Act's Environmental Registry. The report outlines the status of implementation of these, or other applicable standards, in each province and shows the trend towards a consistent approach to remedial standards across the country. It states that there has been a concerted effort to have greater consistency across Canada. The report concludes that all Canadian jurisdictions have either implemented the Canada-Wide Standard or an equivalent approach. The report can be found at NEWS FROM THE PROVINCESOntario:Waste Reporting Act, 2008 Passes First Reading in the Legislature Bill 105, An Act respecting the reporting of industrial, commercial and institutional waste to facilitate the establishment of waste reduction targets and to promote recycling was introduced in September and passed first reading on September 30, 2008. The Bill proposes to require carriers who remove waste from sites where industrial, commercial or institutional activities are carried on to ensure accurate records regarding the recyclable waste are kept. This information must be submitted to the Minister of the Environment quarterly. The Bill proposes similar requirements be imposed on operators of waste disposal sites. For more information please see http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2062 Environmental Commissioner of Ontario Studying Street-Level Air Quality The office of the Environmental Commissioner of Ontario is studying local, street-level air quality and comparing it with ambient air quality reported through the Ministry of Environment's Air Quality Index (AQI). The AQI, although a report of air quality, does not look at the street-level scale. This summer, the program was expanded from street-level sampling of fine particulate matter in seven Ontario communities, to include ground-level ozone in nine Ontario communities. Conclusions and/or recommendations are expected in late 2008. The sampling locations for 2008 are: Kingston, London, Ottawa, Peterborough, Sault Ste. Marie, St. Catharines, Temagami, Kingston, Toronto, and Windsor. For more information please see http://www.eco.on.ca/eng/index.php/pubs/news-room/environmental-commissioner-of-ontario-studying-street-level-air-quality.php Tire Recycling Program in the works The Ontario Government has directed Waste Diversion Ontario (WDO) to develop a program that will recycle 90% of Ontario's used tires by its fifth year. WDO is also charged with developing a plan to deal with existing stock-piles of tires and must ensure that the program is self-funding, with an industry organization collecting fees from producers. See the Minister's direction letter to WDO here Ontario Files Amicus Brief in U.S. Court Opposing U.S. Ozone Standards Ontario has filed an amicus brief in the ozone standards case now before the U.S. Court of Appeals for the District of Columbia Circuit in Washington, D.C.. Ontario has been a vocal opponent to the new U.S. ozone standards and has supported legal action against the U.S. Environmental Protection Agency (EPA). The EPA has set new ambient air quality standards for ozone of 75 ppb reduced from the previous level of 80 ppb. The Canada-Wide standard is 65 ppb. Ontario submitted comments to the EPA in September 2007, urging the adoption of standards at least as stringent as the Canada-wide standards. The new, less stringent standards are contrary to the advice of the agency's own Clean Air Scientific Advisory Committee. Transboundary air pollution is responsible for about half of Ontario's smog. Ontario wants stronger standards in the U.S. in order to reduce ozone levels in the province. Province Signs Agreement to Consult and Consider Municipalities Concerns on the Great Lakes A Memorandum of Cooperation signed on July 17, 2008 by provincial ministers and Ontario Representatives of the Great Lakes and St. Lawrence Cities Initiative commits Ontario to consulting and cooperating on issues of municipal interest and responsibility around the Great Lakes. The Memorandum is a formal recognition of the engagement of municipalities as stakeholders in the health of the Great Lakes. A recent study estimates that local governments around the Great Lakes and St. Lawrence River Basin in Canada and the U.S. invest $15 billion annually in infrastructure and programs to protect the Great Lakes and St. Lawrence River. In it, Ontario agrees to consider the advice and recommendations of the Cities Initiative and the Cities Initiative agrees to involve its Ontario members and the broader municipal sector in providing input into decisions that affect municipalities. Ontario Approves Waste Electronics Diversion Program The Waste Electrical and Electronic Equipment Program has been approved by Environment Minister John Gerretsen. It includes 420 drop-off locations in the initial year. This number will rise to more than 650 locations in year five. These locations will include charities, municipal depots and recycling companies. Ontario industry will pay 100 per cent of the costs of the diversion program. The cost for manufacturers, brand owners and importers of the products work out to about $13 for a desktop computer and $10 for a TV. The program is set to launch in the Spring of 2009. For more information please see the WDO website at Regulations to Ontario Regulation 153/04 - Brownfields Records of Site Condition proposed. A proposal has been loaded to the Environmental Bill of Rights registry to amend the Brownfields Record of Site Condition Regulation under the Environmental Protection Act. The comment period will run for 120 days. Submissions on the proposed amendments may be made between October 6, 2008 and February 3, 2009. The proposed amendments contain a package of interconnected elements including:
For more information please see EBR Registry Number: 010-4642 http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA0NTcw&statusId=MTU2NjE4&language=en OTHER ORGANIZATIONSWestern Climate Initiative Releases Design Recommendations The Western Climate Initiative has released its design recommendations for a North American market-based cap-and-trade system for greenhouse gas emissions. The provinces and states in the Western Climate Initiative (WCI) account for approximately 73% of the Canadian economy and 20% of the U.S. economy. Members include British Columbia, Manitoba, Ontario and Quebec along with 7 U.S. States. The WCI also has 13 observer jurisdictions across North America. The proposal sets out the basic design for the regional cap-and-trade system which will cover the major greenhouse gases (not just carbon dioxide). The proposed design leaves various contentious areas unsettled, however it can be seen as a leap forward in the process of establishing a wide-ranging cap-and-trade system in North America. The full report can be view at the WCI website CEC Secretariat Releases Workplan for Factual Record on Coal-fired Power Plants Submission. The Secretariat of the Commission for Environmental Cooperation (CEC), under the North American Free Trade Agreement, has published its overall work plan to collect relevant information with respect to the factual record on Coal-fire Power Plants submission. On June 23, 2008, the CEC council decided to instruct the Secretariat to develop a factual record with respect to specific questions, including, National Pollutant Discharge Elimination System and State Pollutant Discharge Elimination System permitting of approximately 40 coal-fired power plants in 10 U.S. States and the EPA's response to alleged failures by U.S. States to list mercury-impaired waterways. For more information please visit the CEC's Citizen Submissions on Enforcement Matters page http://www.cec.org/citizen/index.cfm?varlan=english The CEC Launches Online Training Course on Illegal Trade of Ozone-depleting Substances. Under the Montreal Protocol, no signatory country may consume chlorofluorocarbons (CFCs), on of the principle ozone-depleting substances. To address concern of the illegal importation of substances, the Commission for Environmental Cooperation (CEC) is calling on agencies responsible for environmental enforcement, customs and border crossings to enhance their knowledge and efforts to stop illegal trade. The online course offered by the CEC, provides environmental and customs inspectors throughout North America to computer-based access to training on the importance of regulation and control of these substances, with a detailed analysis of applicable rules and case studies. For further information visit www.cec.org/ods The Canadian Environmental Law Association Releases Toxic Use Reduction Model Law for Ontario CELA released its model toxic use reduction law on August 26, 2008. This model law aims to reduce our use and reliance on toxic substances in manufacturing, workplaces and consumer products in Ontario. The Ontario government has stated its intention develop a regulatory program to address toxics and reduce them in Ontario. CELA has worked with community partners to communicate with the Ministry of Environment in relation to developing the model law. A detailed background report has also been released. Both can bee seen at the CELA website: http://www.cela.ca/ What's Happening Environmental Law for Business, 2008 Gowlings annual Environmental Law for Business conference will be held in the spring, 2009. The conference will focus on those changes to environmental laws and topics of particular interest to business. Speakers will include industry representatives as well as Gowlings environmental lawyers from across Canada. For more information please contact: Harry Dahme at: On September 10, 2008, Ian Richler spoke about "Vapour Intrusion and the Regulatory Process" at the Air and Waste Management Association's conference on "Vapour Intrusion: Understanding Scientific, Technical and Legal Issues and Solutions" in Toronto. David Estrin spoke at the International Bar Association Conference 2008, held October 12-17 in Buenos Aires. Sharing the stage with speakers from Australia and South African, his panel was entitled "Greenrush or goldrush? What is the role of lawyers in achieving 'success' in environmental law matters?". Harry Dahme will be speaking at Hot Properties, Canadian Brownfields, 2008 and will be chairing the Cross-Country Check-Up panel on October 23, 2008. He will be presenting a paper on Water Law in Cananda: Is it Adequate to Prevent Bulk Water Exports to the 52nd Union Internationale Des Avocats Congress in Bucharest, Romania on October 30, 2008. Harry Dahme and Ian Richler will also be speaking at Understanding Environmental Regulations, presented by EPIC Educational Program Innovations Center on November 3 and 4, 2008. Mark Madras will be moderating a panel on the subject of Carbon Finance at the annual conference of the Canadian Council for Public-Private Partnerships in Toronto, Nov 24 and 25, 2008. He will also be speaking at the Envirogate Conference in Toronto on Nov. 25, 2008 on Managing Spills and Environmental Emergencies. |
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