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Executive Summary In 2000, a total of 836 inspections were completed for 21 inspection programs, 536 inspections under the Canadian Environmental Protection Act (CEPA) and 300 under the Fisheries Act (FA) and its regulations. Of the 21 Inspection Programs, 10 were considered a national or regional priority, and compliance reports for these are listed below. The 10 Annual Compliance Reports provide an overview of the level of compliance with the environmental statutes under the CEPA, the FA, and the various regulations developed under these Acts. The annual reports summarize the intent of the legislation, the verification methods used, the compliance status of the regulated community, and the enforcement actions taken. The Regional Program Report Executive Summaries for 2000 are: Canadian Environmental Protection Act
Fisheries Act
01-03 Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
On March 17, 1990, the federal government announced its intention to regulate the dis- charge of dioxins and furans in the effluent of Canadian pulp and paper mills. The regulations came into effect in July of 1992 and required that all mills using chlorine achieve the maximum discharge limit of 15 parts per quadrillion (ppq) for 2,3,7,8-tetrachlorodibenzo-para -dioxin (2,3,7,8-TCDD) and 50 ppq for 2,3,7,8-tetrachloro dibenzofuran (2,3,7,8-TCDF) by January 1, 1994. In 2000, there were 11 site inspections that took place and 19 administrative verifications that were completed by Environment Canada enforcement officers. During the year there were six exceedances of the 50 ppq limit for furans. Data submitted by the Norske Skog-Mackenzie Pulp Mill indicated a maximum effluent concentration of 150 ppq 2,3,7,8-TCDF in February. Discharge levels for dioxins by all mills were within the regulated limits. Since 1987, loadings of 2,3,7,8-TCDD decreased 99.8% from 163 mg/day to 0.3 mg/day, and loadings of 2,3,7,8-TCDF decreased 99.9% from 8867 mg/day to 2.6 mg/day for all mills.
01-04 Export and Import of Hazardous Waste Regulations Large volumes of waste, some of which are hazardous, are created by industrial and household activities. Safe disposal or recycling of these wastes is essential. Concern over the possible export of these materials to industrializing countries for cheap disposal has prompted a number of international agreements promoting waste tracking. In signing these agreements, Canada made a commitment to develop national legislation to promote the environmentally sound management of hazardous wastes. This led to the development of the Export and Import of Hazardous Waste Regulations (EIHWR) under the Canadian Environmental Protection Act (CEPA).
Environment Canada enforcement officers conducted 55 inspections of hazardous waste facilities and transporters in British Columbia and Yukon between April 2000 and March 2001 to verify compliance with the EIHWRs. Of the fifty-five inspections made, two were referred to the Investigations Section for further action. Two Warning Letters were issued to 2 facilities for importing without providing advance notice of the shipment. These facilities have now applied for proper notices as required by the EIHWRs. Environment Canada also screened and monitored movement of possible hazardous wastes entering and exiting the Vancouver Port through administrative review of marine shipment documents and where necessary inspection of shipping containers at dockside. A total of sixty-two marine related shipments were screened and were found all in compliance with the EIWHRs. 01-05 Ocean Disposal in British Columbia Ocean disposal refers to the deliberate disposal at sea of substances from and including ships, aircraft, platforms or other structures, incineration at sea and the disposal of substances on ice. Ocean disposal does not include substances which may be harmful to the marine environment, including hazardous waste. Canada joined more than 70 countries in ratifying the London Convention (1972), an international agreement for the prevention of marine pollution by the dumping of wastes at sea. Canada's international obligations under this Convention are met under the provisions of the Canadian Environmental Protection Act (CEPA), Part 7. Environment Canada issues permits under Part 7 that place controls on the nature of materials for disposal, the location of loading and disposal, timing and methods of disposal and amounts to be disposed of. There are currently 36 designated ocean disposal dump sites in British Columbia.
Between April 2000 to March 2001, there were 17 ocean disposal permits issued in the Pacific & Yukon Region. A total of 90 project approvals were authorized under these permits. Of the 90 projects notified, 25 site inspections (38% of the total approved projects) of dredging and excavation operations were completed by CEPA enforcement officers. All of the operations inspected were in compliance with the terms and conditions of the ocean disposal permits. 01-06 Ozone Depleting Substances Regulations In June 1994, the Ozone-depleting Substances Regulations (ODSR) No. 1, 2 and 4 were consolidated / amended and retitled as the ODSR under the Canadian Environmental Protection Act (CEPA) to control the manufacture, use, sale, import, and export of bulk quantities of ozone depleting substances. The controlled substances covered by the ODSR include: chlorofluorocarbons (CFCs), halons, methyl chloroform (MCF), carbon tetrachloride (CCl4) and hydrobromofluorocarbons (HBFCs). The 1994 and December 1995 amendments to the ODSR added methyl bromide (MBr) and hydrochlorofluorocarbons (HCFCs), respectively to the list of controlled substances.
In June 1994, the Ozone-depleting Substances Regulations No.3 (Products) was amended and retitled Ozone-depleting Substances Products Regulations (ODSPR) under the CEPA. The ODSPR prohibits the manufacture, import, sale and offer for sale of certain products containing CFCs. On January 1, 1999, the ODSPR were repealed and the requirements amalgamated into the Ozone Depleting Substances Regulations (ODSR) which came into force on the same date. Between April 2000 and March 2001, Environment Canada enforcement officers conducted 27 site inspections and 9 administrative verifications of known importers of ozone depleting substances and methyl bromide users. Warning Letters were sent to four facilities who imported ozone depleting substances without a permit. These facilities have now applied for a permit as required by the ODSR. Six of the 27 site inspections involved the collection of 6 aerosol products suspected of containing ozone depleting substances. Laboratory analysis of these aerosol products indicated that no regulated substances were present. 01-07 Gas and Diesel Fuel Regulations
Air pollution is a threat to terrestrial and aquatic ecosystems and to human health. Legislation and its enforcement as well as industry cooperation has reduced emissions of industrial pollutants considerably and transportation has emerged as the largest single source of air pollution in B.C. This is especially true in urban areas. Lowering the sulphur content of fuels will directly reduce emissions of harmful primary air pollutants such as sulphate particulate matter, sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOCs), carbon monoxide (CO) and benzene by enabling vehicle pollution control systems to function more efficiently. These emission reductions will lead to lower ambient air concentrations of secondary pollutants such as ground level ozone and particulates. Lowering the concentration of benzene in gasoline will also improve air quality, and protect the health of the environment and of Canadians.
The federal government, in cooperation with provincial regulators, has introduced a comprehensive program to improve air quality through regulation of fuel parameters and vehicle emission controls. In February 2000, a gasoline and diesel fuel sampling program was initiated at retail outlets in the Lower Mainland, Vancouver Island and Okanagan (including Fraser Country). The average concentration of sulphur in the gasoline samples collected was 108.6 µg/g, the concentration of sulphur in diesel was 319.5 µg/g, and the concentration of benzene in gasoline was 0.67% b/v. All gasoline and diesel fuel samples collected were found to be in complete compliance with the Sulphur in Gasoline Fuel Regulations, the Diesel Fuel Regulations and the Benzene in Gasoline Fuel Regulations, where applicable.
In the fall of 2000, a continuation of the gasoline and diesel fuel sampling program occured for the areas of Prince George and northern B.C. Sixty-seven samples were collected in the fall and of these 25 were analyzed for sulphur content in gasoline, 19 analyzed for sulphur content in diesel and 23 analyzed for benzene in gasoline. The average concentration of sulphur in the gasoline samples collected was 248.3 µg/g, the concentration of sulphur in diesel was 302.5 µg/g, and the concentration of benzene in gasoline was 0.61% b/v. All of the gasoline samples collected were found to be in complete compliance with the Sulphur in Gasoline Fuel Regulations and the Benzene in Gasoline Fuel Regulations. Of the diesel samples collected, one exceedence of the Diesel Fuel Regulations at one retail outlet in the northern Prince George area occurred. 01-08 Metal Mining Liquid Effluent Regulations
The extraction and milling of mineral ores from underground and open pit mines can generate effluents containing deleterious substances that pose a serious risk to the aquatic environment. Surface water and groundwater can react with sulphur in waste rock to form acid mine drainage (AMD) that can dissolve minerals containing heavy metals such as copper and zinc. The resulting effluents can be acutely lethal to fish and destroy fish habitat, resulting in violations of Sections 36(3) and 35(1) of the Fisheries Act (FA). Metal mining activities are federally regulated under the FA by the Metal Mining Liquid Effluent Regulations (MMLER), administered by the Environmental Protection Branch of Environment Canada. In 2000 a total of eleven mines were inspected. Eight of the eleven mines are regulated under the MMLER, but of these two are temporarily closed. The compliance rate for the inspected MMLER mines, based on grab sample collection and analysis, was 75%. This resulted from exceedences at the Kemess and Myra Falls Mines. The remaining three mines were closed and regulated under section 36(3) of the FA. The adherence of the closed FA 36(3) regulated mines to the guidelines set out by the MMLER, based on grab sample collection and analysis, was 33%. This resulted from exceedences at the Anyox and United Keno Hill Mines. Company-submitted data was available for ten inspected and non-inspected mines, and of these, one of the four MMLER mines was out of compliance with the regulations. Eskay Creek had four exceedences of TSS. Four of the five FA 36(3) regulated mines (Equity Silver, Faro, Sa Dena Hes and Vangorda Plateau) did not adhere to the guidelines set out by the MMLER . The one Metal Mining Liquid Effluent Guidelines (MMLEG) mine (Sullivan) was in compliance with the regulations. 01-09 Pulp and Paper Effluent Regulations
There are 26 mills in British Columbia which are subject to the federal Pulp and Paper Effluent Regulations (PPER). These Regulations "prescribe certain deleterious substances" related to the effluent from pulp and paper mills and off-site treatment facilities and authorize the deposit of limited quantities of the substances under specific conditions. The PPER and the Port Alberni Pulp and Paper Effluent Regulations (PAPPER) came into effect on May 7, 1992 and Nov. 12, 1992 respectively. These Regulations control the discharge of biochemical oxygen demand (BOD), total suspended solids (TSS), acutely lethal effluent (ALE) and stipulate technical and reporting requirements.
In the year 2000, 20 site inspections took place and 141 administrative verifications were completed by Environment Canada enforcement officers. During the year there were 6 days of acutely lethal effluent (ALE) discharge from the mills, compared to 1990 when 3,935 days of ALE discharge was recorded. Out of 3,768 BOD tests there were 0 (daily) and 0 (monthly) BOD exceedances during the year, and out of 7,830 TSS tests there were 14 (daily) and 4 (monthly) TSS exceedances. The TSS exceedances were primarily from the Norske Skog Pulp Mill in Mackenzie. All mills demonstrated a high degree of compliance with the technical and administrative requirements of the regulations. 01-10 New Substances Notification Regulations
The New Substances Notification Regulations (NSNR) are designed to anticipate and prevent the introduction into Canada of any substance that may pose a risk to the environment and human health. This includes substances that are toxic, persistent in the environment or bioaccumulative. The 1994 Regulations initially dealt with chemicals and polymers but were amended in 1997 to include the products of biotechnology. The NSNR require that specified information be reported on all substances imported or manufactured if (a) the substances are new to Canada and (b) the volume reaches a specified amount. New substances are divided into five broad categories for purposes of the NSNR. The trigger quantities, information requirements, the assessment period and possible controls vary between these categories. Facilities that import or manufacture new substances must notify Environment Canada and these notifications are used to identify facilities for inspections. Inspections include on-site reviews and the examination of analytical reports, invoices, sales and purchase orders and Canada Customs documentation. Enforcement Officers will also verify that conditions imposed by the Minister are met. Between April 2000 to March 2001, Environment Canada conducted a combined total of 13 inspections at the Pacific Highway Border crossing and at facilities of suspected importers of substances new to Canada. Warning Letters were issued to two importers of a refrigerant blend of ozone depleting substances (chlorodifluoromethane, HCFC-22) and a chemical substance (pentafluoroethane, HFC-125) considered new to Canada. These facilities have now submitted proper notices as required by the NSNR. In June 1999, upon request by Environment Canada enforcement officers, Canada Customs and Revenue Agency seized cylinders of refrigerants during an inspection of the fishing vessel Ocean Selector at Ucluelet, B.C. following its arrival from the United States. Despite claims the refrigerant had been purchased from Canadian sources, Environment Canada investigators determined that the refrigerants had been purchased in the U.S. The import of these refrigerants are regulated by authorization or notice by Environment Canada. Neither the Ocean Selector nor its directors had the requisite authorization or notice to import. All cylinders contained substances requiring substantial entry notice to Canadian authorities prior to arrival. Ocean Selector Fisheries Ltd. and two of its directors (Pat Holt and David Clattenburg) pled guilty April 4th in Provincial Court to charges laid under the Canadian Environmental Protection Act (CEPA) and the Customs Act. The company was fined $20,000, of which $16,000 was allocated to a court-ordered environmental project. Charges were sworn in January 2001. The convictions under this part of CEPA are the first for British Columbia. 01-11 Storage of PCB Material Regulations
These regulations deal with the safe storage of all materials (wastes or equipment) that contain a concentration equal to or higher than 50 parts per million (ppm) of polychlorinated biphenyl (PCB). Following the St. Basile-le-Grand incident in 1988, the federal government issued and Interim Order on PCB waste storage. Two situations principally responsible for the fire were (1) uncontrolled access to the PCB storage site and (2) inappropriate storage of PCB contaminated materials. The Interim Order was made to correct these two problems and put in place other measures to ensure secure and environmentally safe storage of PCB wastes. In 1992, the Storage of PCB Material Regulations replaced the Interim Order. Between April 2000 and March 2001, Environment Canada enforcement officers inspected 46 federally regulated and/or provincially regulated sites. An additional 29 administrative inspections were completed to verify compliance with the reporting requirements under the Storage of PCB Material Regulations. The inspections identified several provincially regulated facilities which had been operating PCB storage sites with expired storage permits. Non-compliance with the regulations was observed lowest with the maintenance/inspection requirements and highest with the general storage requirements. As a result of these violations, Warning Letters were issued to 16 facilities found storing PCBs not in accordance with the regulations. The PCB materials from these facilities have since been shipped to the Swan Hills PCB destruction facility for final disposal. 01-12 Fisheries Act Inspections
The federal government has a responsibility and jurisdiction to protect and conserve Canada’s fisheries resource under the British North America Act (now the Constitution Act, 1982). As early as 1868, the Parliament of Canada enacted the Fisheries Act (FA) to enable it to carry out this responsibility. The FA has specific sections that pertain directly to the protection of fish and fish habitat, and management of the fisheries resource. Under Agreement with Department of Fisheries and Oceans (DFO), Environment Canada enforces subsection 36(3) of the Act, commonly referred to as the "general or pollution provisions of the FA." Subsection 36(3) prohibits the deposit of substances that are deleterious to fish into a place where the substance may enter or does enter waters that are frequented by fish. It is, essentially a "zero discharge" statute that prohibits any quantity of a "deleterious substance" from being discharged, unless there is a regulation that permits the discharge. Subsection 36(4) of the FA provides for regulations to be written that allow the discharge of "deleterious substance" in limited quantities or under certain conditions. Between April 2000 to March 2001, Environment Canada enforcement officers conducted 119 site inspections under the pollution provisions of the FA. One Inspector’s Direction was issued to a waste handling facility to take immediate action in order to prevent the release of deleterious substances. Warning Letters were sent to two waste water treatment facilities and a construction company for allowing the discharge of a deleterious substance into waters frequented by fish. During this reporting period, twelve FA investigations in the Pacific & Yukon Region were initiated by Environment Canada enforcement officers. These investigations are currently on-going. For more information, please write or call: Head, Inspections Section Phone: (604)666-3056 |
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