Ozone-Depleting Substances Regulation Amendment

The following is a brief summary on the amendment of the Alberta Ozone-Depleting Substances Regulation.

Background

Ozone is a natural and vital gas in the upper atmosphere, in a layer called the stratosphere that is about 15–40 kilometers above the earth. The stratosphere varies in thickness and shields the earth from the sun’s harmful ultraviolet rays. Scientists have discovered that this natural protective shield is thinning, causing greater ultraviolet rays to reach the earth’s surface. Ultraviolet rays (UV) are associated with sunburns, skin cancer, weakening of the immune system and other physical ailments such as cataracts. Increased UV exposure negatively affects vegetation and crop production through decreased yields. Substances such as chlorofluorocarbons (CFCs), and hydrochlorofluorocarbons (HCFCs) are extremely stable synthetic chemical compounds that contain chlorine, fluorine, and carbon and are used extensively as refrigerants as well as various other applications. When these substances are released into the air they travel slowly upward and break down the protective ozone layer.

Canada has historically taken a proactive role in the protection of the upper ozone layer, and played a key role in the development of, and subsequent amendments to, the "Montreal Protocol on Substances that Deplete the Ozone Layer" (Montreal Protocol). Alberta has supported the national position on ozone-depleting substances (ODSs) and is an active member of the Federal-Provincial Working Group (FPWG) on Controls Harmonization (Ozone-Depleting Substances).

A key component of the program to address the ozone depletion issue was the "National Action Plan for Recovery, Recycling and Reclamation of CFCs" (NAP) which was published by the Canadian Council of Ministers of the Environment (CCME) in 1992. The NAP provided a framework for a national approach by the federal, provincial and territorial governments to implementation of an ozone layer protection program and primarily focussed on CFCs used in refrigeration and air conditioning systems.

To harmonize it efforts to the national ozone layer protection program, Alberta enacted the Ozone-Depleting Substances Regulation (A.R. 125/93) in September of 1993. The Alberta regulation contained restrictions governing the use, handling and release of CFCs, HCFCs and Halons. Similar regulations were enacted in other provinces to support the requirements of the original NAP.

Although substantial progress had been made in reducing emissions of ODSs such as CFCs and halons, further measures were warranted in controlling, reducing, or eliminating emissions of ODSs to the atmosphere. In 1994, the National Air Issues Coordinating Committee of the CCME directed the Federal Provincial Working Group on Controls Harmonization (ODS) to undertake public consultations for strengthening Canada’s ozone layer protection program. Those consultations were carried out nation-wide, and the recommendations resulting from that process were endorsed by CCME in May of 1995. In January 1998, the new revised NAP (now entitled National Action Plan for the Environmental Control of Ozone-Depleting Substances (ODS) and their Halocarbon Alternatives), was approved by the Alberta Minister of the Environment at the January 1998 CCME meeting. This NAP addresses all ODS, their associated systems and halocarbon alternatives, and also identifies new tasks to be implemented. The NAP also includes non-ODSs such as global warming gases such as hydrofluorocarbons(HFCs) and perfluorocarbons(PFCs), which are replacements for ODSs.

Summary of changes to the Alberta "Ozone-Depleting Substances Regulation"

The regulation is renamed as the Ozone-Depleting Substances and Halocarbons Regulation and implements the elements contained in the January 1998 "National Action Plan for the Environmental Control of Ozone-Depleting Substances (ODS) and their Halocarbon Alternatives". Specific changes are as follows:

1. Amend existing definitions and addition of new definitions. These include removing the definition of "ambient air" and replacing that phrase with "environment " so that the prohibition is now for releases to the environment.
2. Add a prohibition on recharge of a mobile air conditioning system (on vehicles designed for passenger use) with a CFC after September 1, 2000.
3. Add requirement for the use of refillable containers after January 1, 2001.
4. Update the reference to the Environment Canada Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems to the 1996 version.
5. Add requirements addressing servicing, installation, leak testing, and management of halons as per "Halon Code of Practice". These include prohibitions on leak testing with an ODS; requirement to prepare a halon management plan by January 1, 2002, that outlines procedures for servicing fire suppression equipment and a plan and time schedule for the phase-out and replacement of halon. New halon systems are not permitted after December 1, 2000.
6. Addition of hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs) where used as refrigerants, as regulated substances. This is done by adding three schedules that list the various substances under each of these categories.
7. Change maximum purge rate from centrifugal chillers from 1 kilogram for systems installed after September 1, 1993 to 0.1 kilogram ODS per kilogram of air effective January 1, 2001 and add a requirement for existing systems to upgrade to the January 1, 2001 requirements by January 1, 2003.
8. Add a section that provides for a label or mark on a container, stating that the container held an ODS, creates a presumption that the container held that particular ODS.
9. Incorporate consequential administrative changes (i.e. offence sections).

The regulation is effective September 1, 2000. An official copy of the regulation is available in print and electronic format from:

For further information contact:

Larry Begoray, P. Eng.
Science and Technology Branch
Environmental Sciences Division
Alberta Environment
4th Floor, Oxbridge Place Building
9820 - 106 Street
Edmonton, Alberta
T5K 2J6

Phone (780) 427-7598
Fax (780) 422-4192
Email: Larry.Begoray@gov.ab.ca