Canada Gazette, Part I, Volume 153, Number 7: 

February 16, 2019

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice requiring the preparation and implementation of pollution prevention plans in respect of toluene diisocyanates

Pursuant to the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”), the Minister of the Environment published in the Canada Gazette, Part I, on March 24, 2018, a Proposed notice requiring the preparation and implementation of pollution prevention plans in respect of toluene diisocyanates.

Whereas persons were given the opportunity to file comments with respect to the proposed Notice for a comment period of 60 days; and

Whereas no comments were received on the proposed Notice,

Notice is hereby given that, under subsection 56(1) of the Act, the Minister of the Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of toluene diisocyanates.

The Minister of the Environment will measure the performance of the Notice, throughout the preparation and implementation periods, in order to determine its effectiveness in meeting the risk management objective set out in section 4 of the Notice. This evaluation will determine whether additional measures, including regulations, may be required.

This Notice replaces the Notice requiring the preparation and implementation of pollution prevention plans in respect of specified substances on Schedule 1 of the Canadian Environmental Protection Act, 1999, related to the polyurethane and other foam sector (except polystyrene). That Notice was published in the Canada Gazette, Part I, on November 26, 2011, to satisfy the requirements under sections 91 and 92 of the Act.

More information on pollution prevention planning can be found in the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation. These guidelines and other information related to pollution prevention and pollution prevention planning can be found in the “Pollution Prevention Planning” section of the Government of Canada website.

Catherine McKenna
Minister of the Environment

NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF TOLUENE DIISOCYANATES

Notice is hereby given that, pursuant to the provisions of subsection 56(1) of Part 4 of the Act, the Minister of the Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of toluene diisocyanates (TDIs), which are specified on the List of Toxic Substances in Schedule 1 of the Act.

1 Definitions

The definitions in this section apply to this Notice.

“Act” means the Canadian Environmental Protection Act, 1999 (CEPA).

“Ambient air” means the open air surrounding the earth, excluding the air within any structure or underground space.

“Calendar Year” means a complete year beginning January 1 and ending December 31 of each year.

In “best available techniques economically achievable”, the word “techniques” includes both the facility equipment used in the process and how the process is operated. It includes, but is not limited to, matters such as the number of employees, their qualifications and experience, working methods, training, supervision and the manner the process is operated. It also includes the design, construction, layout and maintenance of the facility and buildings.

“Minister” means the Minister of the Environment.

“Notice” means the Notice requiring the preparation and implementation of pollution prevention plans in respect of toluene diisocyanates.

“Plan” means a pollution prevention plan.

“Pollution prevention”, as defined in section 3 of the Act, means the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.

“Toluene diisocyanates” or “TDIs” means benzene, 1,3-diisocyanato-2-methyl- or 2,6-TDI (Chemical Abstracts Service [CAS] footnote 1 Registry No. 91-08-7), benzene, 2,4- diisocyanato-1-methyl- or 2,4-TDI (CAS Registry No. 584-84-9), or benzene, 1,3-diisocyanatomethyl- or mixtures of 2,6-TDI and 2,4-TDI (CAS Registry No. 26471-62-5).

2 Person or class of persons required to prepare and implement a plan

(1) The Notice applies to any person or class of persons who, in 2018 or any time thereafter, owns or operates a facility that releases into the ambient air 100 kg or more of TDIs per calendar year.

(2) The Notice also applies to any person or class of persons who is the successor or assign of the persons identified in subsection 2(1).

3 Activities in relation to which the plan is to be prepared

The Minister requires any person or class of persons identified in section 2 of the Notice to prepare and implement a plan in relation to any activity that results in the release of TDIs to ambient air.

4 Factors to consider in preparing the plan

The Minister requires any person or class of persons identified in subsections 2(1) and (2) of the Notice to consider the following factors when preparing their plan:

5 Period within which the plan is to be prepared

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than March 30, 2020.

(2) For a person or class of persons who becomes subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than 12 months from the date the person or class of persons became subject to the Notice.

6 Period within which the plan is to be implemented

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than March 30, 2022.

(2) For a person or class of persons who becomes subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than 36 months from the date the person or class of persons became subject to the Notice.

7 Content of the plan

A person or class of persons identified in subsections 2(1) and (2) of the Notice may determine the appropriate content of their plan; however, the plan must meet all the requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 9 of the Notice and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 of the Notice.

8 Requirement to keep the plan and record keeping

Under section 59 of the Act, any person or class of persons identified in subsections 2(1) and (2) of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared. Where a single plan is prepared for more than one facility, a copy of that plan must be kept at each location.

Any person or class of persons identified in subsections 2(1) and (2) of the Notice must keep the plan and any records pertaining to the plan for a minimum of five years following the period referred to in section 6 of the Notice.

9 Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of persons identified in subsections 2(1) and (2) of the Notice must file in writing to the Minister, within 30 days after the end of the period within which the plan is to be prepared as specified in section 5 or extended under section 13, a “Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates.” This Declaration must be submitted to the Minister, using the form that contains the information set out in Schedule 1 of the Notice. Where a person or class of persons has prepared a single plan for several facilities, a separate Declaration of Preparation must be filed for each facility.

10 Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in subsections 2(1) and (2) of the Notice must file in writing to the Minister, within 30 days after the end of the period within which the plan is to be implemented as specified in section 6 or extended under section 13, a “Declaration that a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates.” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 5 of the Notice. Where a person or class of persons has prepared a single plan for several facilities, a separate Declaration of Implementation must be filed for each facility.

11 Filing of amended declarations

Under subsection 58(3) of the Act, where a person or class of persons specified in subsections 2(1) and (2) of the Notice has filed a Declaration of Preparation or a Declaration of Implementation, referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration to the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.

12 Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person or class of persons may use a pollution prevention plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 12 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. A person or class of persons using existing plans must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and, if applicable, any amended declarations referred to in section 11 of the Notice.

13 Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written Request for Time Extension. The written request must be submitted using the form that contains the information set out in Schedule 3 of the Notice, and must be made before the expiry of the date referred to in section 5 or section 6 of the Notice or before the expiry of any extended period.

14 Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor in preparing the plan specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written Request for Waiver of the Requirement to Consider a Factor or Factors. This written request must be submitted using the form that contains the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared as referred to in section 5 of the Notice or before the expiry of any extended period.

15 Performance measurement and evaluation of the Notice

Performance measurement of the Notice will be conducted periodically in order to evaluate the effectiveness of the Notice in meeting its intended objectives. Performance reports summarizing the overall results to date will be posted online.

The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in section 4 of the Notice.

The Minister will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts of TDIs on human health.

16 Resources

Guidance on preparing pollution prevention plans may be obtained from

Additional information and guidance on pollution prevention can be found on

17 Notice Reference Code: P2TDI2019

For administrative purposes, all communication with Environment and Climate Change Canada concerning the Notice should refer to the following Notice Reference Code: P2TDI2019.

18 Public disclosure of information and forms

The Minister intends to publish information submitted in response to schedules 1 and 5 in the Pollution Prevention Planning section of the Government of Canada website.

Under section 313 of the Act, all persons or classes of persons submitting information to the Minister are entitled to submit a written request that specific information be treated as confidential. Persons or classes of persons submitting such a request should also include the reasons for that request.

The Notice includes the following forms:

Forms referred to in the Notice (schedules 1, 2, 3 and 5) are published as part of the Notice and may be filled out electronically using the Pollution Prevention Planning Online Reporting Tool within the Environment and Climate Change Canada Single Window.

19 Environment and Climate Change Canada contact information

For technical questions about the Notice, please contact

Director
Chemical Production Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 19th Floor
Gatineau, Quebec
K1A 0H3
Fax: 819-938-4218
Email: ec.pgpc-dppc-cmp-cpd.ec@canada.ca

For more information about pollution prevention planning or online reporting, please contact

Innovative Measures Section
Regulatory Innovation and Management Systems Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 20th Floor
Gatineau, Quebec
K1A 0H3
Telephone (toll-free): 1-844-580-3637
Fax: 819-420-7386 or toll-free: 1-844-580-3638
Email: ec.planp2-p2plan.ec@canada.ca

EXPLANATORY NOTE

(This note is not part of the Notice.)

Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. Penalties for offences can result, upon conviction (either summary conviction or indictment), in fines of not more than $12 million, imprisonment for a term of not more than three years, or both.

The current text of the Act, including the most recent amendments, is available on the Department of Justice Canada website.

The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999.

Suspected violations under the Act can be reported to the Enforcement Branch by email at ec.enviroinfo.ec@canada.ca.

NOTE: Please contact Environment and Climate Change Canada for more information about electronic reporting, as provided in sections 18 and 19 in the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only. The format and design of the online version may slightly differ from this version.

Schedule 1: Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates (TDIs)

Notice Reference Code: P2TDI2019

Contacts

Company

Company Name: _______________________________________________________________________

Canadian Federal Business Number: _________________________________________________________

Facility Information

Facility Name: ________________________________________________________________________

Physical Address

Unit: ________ Street Number: ________ Street Name: _________________________________________

Street Type: ___________________ Street Direction: ______________ City: _________________________

Province/Territory: __________________ Postal Code: ____________ Country: ______________________

Mailing Address: same as Physical Address ☐

PO Box: ___________________ Rural Route Number: ___________________ Unit: __________________

Street Number: ____________ Street Name: _______________________________ Street Type: __________

Street Direction: _______ City: ____________________________________________________________

Province/Territory: __________________ Postal Code: ____________ Country: ______________________

National Pollutant Release Inventory (NPRI) identification number: ____________________________________

Six-digit North American Industry Classification System (NAICS) code: _________________________________

Facility Technical Contact

Name: _________________________________________________

Job Title: _______________________________________________

Mailing Address: ______________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Telephone Number: _______________________________ Fax Number: ___________________________

Email: ______________________________________________________________________________

General Contact Same as Facility Technical Contact ☐

Name: _________________________________________________

Job Title: _______________________________________________

Mailing Address: ______________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Telephone Number: _______________________________ Fax Number: ___________________________

Email: ______________________________________________________________________________

Use of Existing Plans

Prior to this Notice, did your facility have a Pollution Prevention Plan (P2 Plan)? ☐ Yes ☐ No

If yes, was the P2 Plan previously prepared:

☐ on a voluntary basis?

☐ for another government or under another Act of Parliament?

Please specify the other government requirement(s) or Act of Parliament.

 

☐ for other reasons?

Please specify.

Did you use that P2 Plan (all or in part) to meet the requirements of the Notice? ☐ Yes ☐ No

Baseline Information

This Declaration requires reporting of data from the 2018 Preparation Year (from January 1 to December 31).

Are you reporting for the year 2018? ☐ Yes ☐ No

If no, indicate the new Preparation Year for which you are reporting: ___________________________________

All information provided in this Declaration will refer to this Preparation Year.

If you are reporting data for a Preparation Year other than 2018, select all that apply:

☐ You have been granted a time extension to prepare your P2 Plan.

☐ You became subject to the Notice after the publication.

☐ Other (please specify):

On-site Uses

Did this facility use TDIs on-site during the Preparation Year? ☐ Yes ☐ No

If yes, report the total quantity of TDIs used on-site, in kilograms (kg), for the Preparation Year: _________________

Select the activity or activities involving TDIs at your facility for which you are reporting (select all that apply):

☐ Manufacturing of flexible slabstock foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Manufacturing of flexible moulded foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Manufacturing of rigid foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Manufacturing of structural foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Rebonding of foam (including cutting and shaping of foam)

☐ Other activities (please specify):

Explain how TDIs are used in all the activities selected above.

Indicate the total annual operation time of all activities identified above, in hours (h), for the Preparation Year: ______

On-site Releases to Ambient Air

Report the quantity of TDIs released to ambient air during the Preparation Year. If you report TDI releases to the NationaI Pollutant Release Inventory (NPRI), you may use that data, if available, to complete the table below. Include both routine and accidental or non-routine releases.

Type of Releases to Ambient Air

Quantity
(kg)

Measurement or Estimation Method table 1 note 1

Table 1 Note

Table 1 Note 1

The measurement or estimation of the quantity that is released to ambient air may be based on one of the following methods, which are used under the NPRI: continuous emission monitoring systems, predictive emission monitoring, source testing, mass balance, site-specific emission factor, published emission factor, engineering estimates.

Return to table 1 note 1 referrer

Stack or point releases

   

Storage or material handling releases

   

Fugitive releases (process or waste releases)

   

Spills

   

Other releases (please specify)

   

TOTAL

 

n/a

Anticipated Action

This section must be completed for each anticipated action identified in the facility’s P2 Plan.

Action No. ___________________________________________

What is the name of the action to be taken in implementing the P2 Plan? _____________________

What is the current status of this action?

☐ Planned/To be Initiated ☐ In Progress

Planned Completion Date (YYYY-MM-DD): ______________________

☐ Completed

Completion Date (YYYY-MM-DD): ____________________________

Describe the anticipated action.

Identify whether this action represents a pollution prevention method OR another type of environmental protection method.

Types of Pollution Prevention Methods (select all that apply)

☐ Material or feedstock substitution

☐ On-site reuse, recycling or recovery

☐ Product design or reformulation

☐ Inventory management or purchasing techniques

☐ Equipment or process modifications

☐ Good operating practices or training

☐ Spill and leak prevention

☐ Other (please specify): _______________________

Other Types of Environmental Protection Methods (select all that apply)

☐ Energy recovery

☐ Pollution control

☐ Off-site recycling

☐ Disposal

☐ Incineration with energy recovery

☐ Other (please specify): _______________________

☐ Waste treatment

 

Anticipated Changes

Report below, where possible, the corresponding change in annual releases of TDIs anticipated to be achieved by implementing that action, in kilograms. Note that estimating a quantitative change for some anticipated actions, such as employee training, may not be possible.

Important: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

Type of Releases to Ambient Air

Anticipated Change by Action Relative to the Preparation Year
(kg)

Measurement or Estimation Method table 2 note 1

Table 2 Note

Table 2 Note 1

The measurement or estimation of the quantity that is released to ambient air may be based on one of the following methods, which are used under the NPRI: continuous emission monitoring systems, predictive emission monitoring, source testing, mass balance, site-specific emission factor, published emission factor, engineering estimates.

Return to table 2 note 1 referrer

Stack or point releases

   

Storage or material handling releases

   

Fugitive releases (process or waste releases)

   

Spills

   

Other releases (please specify)

   

TOTAL

 

n/a

Total Anticipated Results

Report the total anticipated changes to be achieved by implementing all of the anticipated actions described in the Anticipated Action section.

Important: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

Type of Releases to Ambient Air

Total Anticipated Change Relative to the Preparation Year
(kg)

Total Anticipated Change
Relative to the Preparation Year
(%)

Stack or point releases

   

Storage or material handling releases

   

Fugitive releases (process or waste releases)

   

Spills

   

Other releases (please specify)

   

TOTAL

   

Method to Track Implementation of the P2 Plan

Describe the anticipated method that will be used to track progress in implementing the P2 Plan.

Risk Management Objective

Do you anticipate meeting the Risk Management Objective? ☐ Yes ☐ No

Describe how the elements of the P2 Plan will meet the risk management objective for TDIs. If you anticipate that this Plan will not meet the risk management objective, explain why.

Factors to Consider

Describe how the following factors to consider were taken into account when preparing the P2 Plan, except those factors for which a waiver has been granted by the Minister of the Environment.

Using the best available techniques economically achievable to prevent or control the release of TDIs to ambient air from the following emission sources: stack or point, storage or material handling, fugitive, and accidental or non-routine spills.

Taking the measures referred to in paragraph 4(3)(a) to reduce the quantity of TDI released to ambient air by the facility below 100 kg per calendar year.

Establishing and implementing a leak detection and repair (LDAR) program, as further described in paragraph 4(3)(c) of the Notice.

Adopting the recommended practices contained in The DOW Chemical Company VoranateTM T-80 Toluene Diisocyanates Safe Handling and Storage Guide.

Adopting standards and operating practices for controlling air emissions, as further described in paragraph 4(3)(e) of the Notice. Indicate which of the source(s) listed in this paragraph you considered.

Certification

☐ I hereby certify that a P2 Plan in respect of TDIs has been prepared and is being implemented and that the information provided in this Declaration is true, accurate and complete.

Name: _________________________________________________

Job Title: ________________________________________________

Email: __________________________________________________

Date: __________________________________________________

General Comments:

NOTE: Please contact Environment and Climate Change Canada for more information about electronic reporting, as provided in sections 18 and 19 in the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only. The format and design of the online version may slightly differ from this version.

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates (TDIs)

Notice Reference Code: P2TDI2019

Contacts

Company

Company Name: ______________________________________________________________________

Canadian Federal Business Number: ________________________________________________________

Facility Information

Facility Name: _______________________________________________________________________

Physical Address

Unit: __________________ Street Number: __________________ Street Name: _______________________

Street Type: _________________ Street Direction: _____________________________________________

City: ____________________ Province/Territory: __________________________ Postal Code: __________

Country: ____________________________________________________________________________

Mailing Address Same as Physical Address ☐

PO Box: _____________ Rural Route Number: __________________ Unit: __________________________

Street Number: _________________ Street Name: _______________________ Street Type: ______________

Street Direction: _______________ City: ____________________ Province/Territory: ___________________

Postal Code: _________________ Country: __________________________________________________

National Pollutant Release Inventory (NPRI) identification number: ____________________________________

Six-digit North American Industry Classification System (NAICS) code: __________________________________

Facility Technical Contact

Name: _______________________________ Job Title: _______________________________________

Mailing Address: ____________________________________ Telephone Number: ____________________

Fax Number: _______________ Email: _____________________________________________________

General Contact Same as Facility Technical Contact ☐

Name: _______________________________ Job Title: _______________________________________

Mailing Address: ________________________________ Telephone Number: _________________________

Fax Number: _________________ Email: ___________________________________________________

Factor(s) for Which a Waiver is Being Requested

Identify for which factor(s) listed in the Notice a waiver is being requested.

Rationale for Request

Explain why it would not be reasonable or practicable to consider each factor for which a waiver is being requested.

Explain how the outcome of the Pollution Prevention Plan will be affected if this or these “factor(s) to consider” is (are) not taken into account.

Identify which, if any, additional factor(s) you propose to consider in preparing the Pollution Prevention Plan (optional).

Certification

☐ I hereby certify that the information provided in this Request is true, accurate and complete.

Name: ___________________________________________

Job Title: _________________________________________

Email: ___________________________________________

Date: ___________________________________________

General Comments

NOTE: Please contact Environment and Climate Change Canada for more information about electronic reporting, as provided in sections 18 and 19 in the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only. The format and design of the online version may slightly differ from this version.

Schedule 3: Request for Time Extension — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates (TDIs)

P2 Notice Reference Code: P2TDI2019

Contacts

Company

Company Name: ______________________________________________________________________

Canadian Federal Business Number: ________________________________________________________

Facility Information

Facility Name: _______________________________________________________________________

Physical Address

Unit: __________________ Street Number: __________________ Street Name: _______________________

Street Type: _________________ Street Direction: _____________________________________________

City: ____________________ Province/Territory: __________________________ Postal Code: __________

Country: ____________________________________________________________________________

Mailing Address Same as Physical Address ☐

PO Box: _____________ Rural Route Number: __________________ Unit: __________________________

Street Number: _________________ Street Name: _______________________ Street Type: ______________

Street Direction: _______________ City: ____________________ Province/Territory: ___________________

Postal Code: _________________ Country: __________________________________________________

National Pollutant Release Inventory (NPRI) identification number: ____________________________________

Six-digit North American Industry Classification System (NAICS) code: __________________________________

Facility Technical Contact

Name: _______________________________ Job Title: _______________________________________

Mailing Address: ____________________________________ Telephone Number: ____________________

Fax Number: _______________ Email: _____________________________________________________

General Contact Same as Facility Technical Contact ☐

Name: _______________________________ Job Title: _______________________________________

Mailing Address: ________________________________ Telephone Number: _________________________

Fax Number: _________________ Email: ___________________________________________________

Request for Time Extension

Identify for which of the following a time extension is being requested (choose one):

☐ to prepare a Pollution Prevention Plan

☐ to implement a Pollution Prevention Plan

Are you requesting to extend a time extension already granted by Environment and Climate Change Canada?

☐ Yes ☐ No

We request that the date be extended to: _____________________ (specify exact date — YYYY-MM-DD)

Rationale for Request

Explain why additional time is needed to prepare or implement a Pollution Prevention Plan.

Certification

☐ I hereby certify that the information provided in this Request is true, accurate and complete.

Name: ___________________________________________

Job Title: _________________________________________

Email: ___________________________________________

Date: ____________________________________________

General Comments

NOTE: Please contact Environment and Climate Change Canada for more information about electronic reporting, as provided in sections 18 and 19 in the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only. The format and design of the online version may slightly differ from this version.

Schedule 5: Declaration that a Pollution Prevention Plan Has Been Implemented —|mdash|} Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates (TDIs)

Notice Reference Code: P2TDI2019

Contacts

Company

Company Name: _______________________________________________________________________

Canadian Federal Business Number: _________________________________________________________

Facility Information

Facility Name: ________________________________________________________________________

Physical Address

Unit: ________ Street Number: ________ Street Name: _________________________________________

Street Type: ___________________ Street Direction: ______________ City: _________________________

Province/Territory: __________________ Postal Code: ____________ Country: ______________________

Mailing Address Same as Physical Address ☐

PO Box: ___________________ Rural Route Number: ___________________ Unit: __________________

Street Number: ____________ Street Name: _______________________________ Street Type: __________

Street Direction: _______ City: ____________________________________________________________

Province/Territory: __________________ Postal Code: ____________ Country: ______________________

National Pollutant Release Inventory (NPRI) identification number: ____________________________________

Six-digit North American Industry Classification System (NAICS) code: __________________________________

Facility Technical Contact

Name: _________________________________________________

Job Title: _______________________________________________

Mailing Address: _______________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Telephone Number: _______________________________ Fax Number: ___________________________

Email: ______________________________________________________________________________

General Contact Same as Facility Technical Contact ☐

Name: _________________________________________________

Job Title: _______________________________________________

Mailing Address: _______________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Telephone Number: _______________________________ Fax Number: ___________________________

Email: ______________________________________________________________________________

Implementation Information

This Declaration requires reporting of data from the 2021 Implementation Year (from January 1 to December 31).

Are you reporting data for the year 2021? ☐ Yes ☐ No

If no, indicate the new Implementation Year for which you are reporting: ________________________________

All information provided in this Declaration will refer to this Implementation Year.

If you are reporting data for an Implementation Year other than 2021, select all that apply:

☐ You have been granted a time extension to implement your Pollution Prevention Plan(P2 Plan)

☐ You became subject to the Notice after the publication

☐ Other (please specify):

On-site Uses

Did this facility use TDIs on-site during the Implementation Year? ☐ Yes ☐ No

If yes, report the total quantity of TDIs used on-site, in kilograms (kg) for the Implementation Year: ______________

Select the activity or activities involving TDIs at your facility for which you are reporting (select all that apply):

☐ Manufacturing of flexible slabstock foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Manufacturing of flexible moulded foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Manufacturing of rigid foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Manufacturing of structural foam (including TDI storage in tanks and cutting and shaping of foam)

☐ Rebonding of foam (including cutting and shaping of foam)

☐ Other activities (please specify):

Explain how TDIs are used in all the activities selected above.

Indicate the total annual operation time of all activities identified above, in hours (h), for the Implementation Year.

On-site Releases to Ambient Air

Report the quantity of TDIs released to ambient air during the Implementation Year. If you report TDI releases to the National Pollutant Release Inventory (NPRI), you may use that data, if available, to complete the table below. Include both routine and accidental or non-routine releases.

Type of Releases to Ambient Air

Quantity (kg)

Measurement or Estimation Method table 4 note 1

Table 4 Note

Table 4 Note 1

The measurement or estimation of the quantity that is released to ambient air may be based on one of the following methods, which are used under the NPRI: continuous emission monitoring systems, predictive emission monitoring, source testing, mass balance, site-specific emission factor, published emission factor, engineering estimates.

Return to table 4 note 1 referrer

Stack or point releases

   

Storage or material handling releases

   

Fugitive releases (process or waste releases)

   

Spills

   

Other releases (please specify)

   

TOTAL

 

n/a

Actions Taken

This section must be completed for each action taken in implementing the P2 Plan.

Provide an update on the status of each action taken that was previously reported in the Declaration of Preparation (Schedule 1 of the Notice). Report and describe any new action taken that was not previously reported.

Action No. ___________________________________________

What is the name of the action taken in implementing the P2 Plan? _________________________

What is the current status of this action?

☐ Completed

Completion Date (YYYY-MM-DD): ____________________________

☐ Discontinued

Please provide a description on the action completed. If the action was “Discontinued,” please provide the reason why you will no longer be carrying out this action for the activity.

Identify whether this action represents a pollution prevention method OR another type of environmental protection method.

Types of Pollution Prevention Methods (select all that apply)

☐ Material or feedstock substitution

☐ On-site reuse, recycling or recovery

☐ Product design or reformulation

☐ Inventory management or purchasing techniques

☐ Equipment or process modifications

☐ Good operating practices or training

☐ Spill and leak prevention

☐ Other (please specify): _______________________

Other Types of Environmental Protection Methods (select all that apply)

☐ Energy recovery

☐ Pollution control

☐ Off-site recycling

☐ Disposal

☐ Incineration with energy recovery

☐ Other (please specify):_______________________

☐ Waste treatment

 

Changes Achieved

Report below, where possible, the corresponding change, in kg, in annual releases of TDIs achieved by implementing that action. Note that determining a quantitative change for some actions, such as employee training, may not be possible.

Important: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

Type of Releases to Ambient Air

Change Achieved by Action Relative to the Preparation Year
(kg)

Measurement or Estimation Method table 5 note 1

Table 5 Note

Table 5 Note 1

The measurement or estimation of the quantity that is released to ambient air may be based on one of the following methods, which are used under the NPRI: continuous emission monitoring systems, predictive emission monitoring, source testing, mass balance, site-specific emission factor, published emission factor, engineering estimates.

Return to table 5 note 1 referrer

Stack or point releases

   

Storage or material handling releases

   

Fugitive releases (process or waste releases)

   

Spills

   

Other releases (please specify)

   

TOTAL

 

n/a

Total Results Achieved

Report the total changes achieved by implementing all the actions described in the section Actions Taken.

Important: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

Type of Releases to Ambient Air

Total Changes Achieved Relative to the Preparation Year
(kg)

Total Changes Achieved
Relative to the Preparation Year
(%)

Stack or point releases

   

Storage or material handling releases

   

Fugitive releases (process or waste releases)

   

Spills

   

Other releases (please specify)

   

TOTAL

   

Monitoring and Review of P2 Plan

Describe the method used to track progress in implementing the P2 Plan.

Describe how the P2 plan will be reviewed to determine its effectiveness and improve its performance.

Risk Management Objective

Did you meet the Risk Management Objective? ☐ Yes ☐ No

Describe how the elements of the P2 Plan met the Risk Management Objective for TDIs. If this Plan did not meet the Risk Management Objective, explain why.

Factors to Consider

Describe any progress made in the Implementation Year towards taking into account the “Factors to Consider,” except those factors for which a waiver has been granted by the Minister of the Environment.

Using the best available techniques economically achievable to prevent or control the release of TDIs to ambient air from the following emission sources: stack or point, storage or material handling, fugitive, and accidental or non-routine spills.

Taking the measures referred to in paragraph 4(3)(a) to reduce the quantity of TDI released to ambient air by the facility below 100 kg per calendar year.

Establishing and implementing a leak detection and repair (LDAR) program, as further described in paragraph 4(3)(c) of the Notice.

Adopting the recommended practices contained in The DOW Chemical Company VoranateTM T-80 Toluene Diisocyanates Safe Handling and Storage Guide.

Adopting standards and operating practices for controlling air emissions, as further described in paragraph 4(3)(e) of the Notice. Indicate which of the source(s) listed in this paragraph you considered.

Certification

☐ I hereby certify that a P2 Plan in respect of TDIs has been implemented and that the information provided in this Schedule is true, accurate and complete.

Name: _________________________________________________

Job Title: ________________________________________________

Email: __________________________________________________

Date: __________________________________________________

General Comments