Environmental standards for end-of-life vehicle waste disposal sites
O. Reg. 347 and New Regulation
Regulation - Other
Bill or Act:
Environmental Protection Act
Summary of Decision:
On October 29, 2015, the Ministry of the Environment and Climate Change posted a proposal for three regulations for public consultation on the Environmental Registry and Regulatory Registry outlining regulatory changes that would impose new environmental standards to end-of-life vehicle waste disposal sites, and in respect of the management of end-of-life vehicles (ELVs).
A decision has been made to implement the proposal under the Environmental Protection Act. O. Reg. 85/16 (Registrations Under Part II.2 of the Act - End-of-Life Vehicles), O.Reg. 86/16 amending Regulation 347 (General - Waste Management), and O. Reg. 87/16 amending O.Reg. 351/12 (Registrations Under Part II.2 of the Act - Waste Management Systems) were filed with the Registrar of Regulations on March 31, 2016.
O. Reg. 85/16 would prescribe activities in relation to waste, air and noise issues at ELV waste disposal sites that require registration on the Environmental Activity and Sector Registry (EASR), and impose operating requirements related to managing ELVs and other similar materials, such as scrap metal, on-site.
The proposed amendments to Reg. 347 would designate ELVs as a waste for the purposes of the EPA, revoke and replace the existing derelict motor vehicle site exemption from environmental compliance approval (ECA) requirements and the application of Regulation 347, exempt specified activities from requiring an ECA, and impose additional requirements for the management of ELVs.
The amendments to O. Reg. 351/12 are administrative in nature.
As part of the Ministry's Modernization of Approvals initiative, requiring activities to be registered in the Environmental Activity and Sector Registry provides a more streamlined process while maintaining environmental protection.
October 30, 2015
Summary of Proposal:
On February 5th, 2014, the ministry posted a technical discussion paper to the EBR (012-0678) for 60 days to gather comments relating to proposed environmental standards for end-of-life vehicle waste disposal sites. In addition, the ministry hosted public meetings in 6 Ontario communities to outline the discussion paper and consult with industry.
After a review of the comments received, the ministry is proposing draft regulations that would apply new environmental standards to end-of-life vehicle waste disposal sites. The proposal would amend Regulation 347 (General - Waste Management) made under the Environmental Protection Act (EPA), and create a new regulation that prescribes activities in respect of end-of-life vehicle waste disposal sites that require registration on the Environmental Activity and Sector Registry (EASR).
Amendments to Reg. 347 will include the following:
• Revoking the existing general derelict motor vehicle site exemption from Part V of the EPA and Regulation 347 (General - Waste Management) and replace it with a more limited set of exemptions from subsection 27 (1) of the EPA for end-of-life vehicle waste disposal sites that meet certain conditions, including, where the following conditions are met:
o The only management of vehicles on the site is the removal of parts from end-of-life vehicles for reuse, and the collection, handling, transportation, storage and transfer of end-of-life vehicles
o No more than 2 end-of-life vehicles are received at the site in any 365-day period, and no more than 10 are stored at the site at any one time
• An additional exemption is designed for facilities that receive and store end-of-life vehicles, but do not engage in dismantling, where the following conditions are met:
o The only management of end-of-life vehicles at the site is the collection, handling, transportation, storage and transfer of end-of-life vehicles
o Each end-of-life vehicle managed at the site is not stored or handled at the site for more than 180 days
• Require that contaminants have been removed from an end-of-life vehicle ("depolluted") prior to crushing or shredding, or written confirmation of that result, including:
o lubricating oils including transmission fluids
o brake and steering fluids
o coolant fluids
o windshield washer fluid
o mercury-containing convenience lighting switches and anti-lock braking system (ABS) sensor modules
o lead battery cable connectors and tire weights
o brake pads containing asbestos
• Consequential amendments to give effect to the policy related to the proper management of end-of-life vehicles, including:
o Designating end-of-life vehicles as waste
o Imposing environmental standards relating to the processing of end-of-life vehicles
o Updating the definition of asbestos waste to ensure proper handling and management of asbestos containing components
March 31, 2016