The Ministry of the Environment (the ministry), as part of its commitment to protect the environment and public health, maintains a comprehensive legislative and regulatory framework for the proper management of waste in Ontario.
To this end, Regulation 347 (General – Waste Management) under the Environmental Protection Act has been amended by excluding, from the F019 listing in Schedule 1 (Hazardous Industrial Waste), a specific wastewater treatment sludge generated by the automotive industry in the manufacturing of motor vehicles.
The amendment results in this waste not automatically being defined a hazardous waste; however, automotive manufacturers are still responsible for properly characterizing and managing the waste as required by Regulation 347 and waste disposal sites must be approved to accept this waste.
The Canadian Vehicle Manufacturers Association (CVMA) and Ontario’s automobile manufacturers requested this amendment to reflect changes made to the vehicle manufacturing process that have removed contaminants of concern which has resulted in the waste sludge no longer exhibiting any hazardous waste characteristics and is therefore a non-hazardous waste.
The amendment also removes a disincentive to using more aluminum in the manufacturing of vehicles, producing lighter vehicles with better gas mileage and decreased exhaust emissions and greenhouse gas emissions. As well, it is in line with the US EPA’s delisting of this waste stream which helps maintain the competitiveness of Ontario’s automotive manufacturers.
Ontario Regulation 233/13 amending Reg. 347 of R.R.O. 1990 (General – Waste Management) made under the Environmental Protection Act, came into force upon filing on August 15, 2013.
Comment(s) Received on the Proposal:
Public Consultation on the proposal for this decision was provided for 45 Days, from April 18, 2013 to June 02, 2013.
As a result of public consultation on the proposal, the Ministry received a total of 1 comments: 1 comments were received in writing and 0 were received online.
Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.
The ministry took the comment that it received in response to the proposal notice into consideration in finalizing the regulatory amendment. The regulation does not vary substantively from the approach outlined in the proposal notice.
Stakeholders strongly supported the proposed regulatory amendment but pointed out the inconsistency in the recordkeeping with respect to other non-hazardous wastes which do not have this requirement. The Ministry agreed and the record keeping requirement will be in line with Ontario’s waste regulatory framework. Ontario generators already have the responsibility to demonstrate knowledge about their waste streams to be able to characterize them accurately and any associated records would be subject to Ministry inspection.
The Ministry also clarified the definition of manufacturing facility to more accurately identify the facilities to which the exclusion applies.