Regulation Proposal Notice:

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 fuels
  o lubricating oils including transmission fluids
  o brake and steering fluids
  o coolant fluids
  o refrigerants
  o windshield washer fluid
  o batteries
  o mercury-containing convenience lighting switches and anti-lock braking system (ABS) sensor modules
  o tires
  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

In brief, the new end-of-life vehicle EASR regulation will:

• Require operators of end-of-life vehicle waste disposal sites that meet the prescribed criteria to register the prescribed activity on the Environmental Activity and Sector Registry (EASR), and engage in the activity in accordance with the prescribed activity requirements related to the operation of a waste disposal site (EPA s. 27 (1) and related environmental discharges to the natural environment (other than water) (EPA s. 9)
• Prescribe site environmental management requirements for storing and handling of end-of-life vehicle waste, mitigating torching emissions, maintenance of equipment, depollution of end-of-life vehicles on an impermeable surface, maintaining a spill prevention and management plan, dust management measures, record keeping, and staff training

Changes to the derelict motor vehicle exemption will subject end-of-life vehicle processing sites to some of the provisions in Ontario Regulation 347, including the requirement to manifest the shipment of subject wastes

Some facilities may need time to implement the infrastructure and training requirements outlined in this draft regulation. In order to accommodate this, the ministry is proposing to provide for a phased implementation over 18 months to provide time for the sector to adapt to the new requirements.

The recycling of vehicles is a significant waste diversion activity in Ontario with approximately 600,000 vehicles recycled annually in the province. While a number of end-of-life vehicle processing facilities adhere to industry-led standards and already operate in an environmentally protective manner, there are currently no regulatory requirements for the safe removal and management of contaminants from end-of-life vehicles. At the same time, past compliance activities undertaken by the Ministry of the Environment and Climate Change have identified environmental concerns pertaining to improper waste management at end-of-life vehicle sites. Bringing forward mandatory regulatory requirements would ensure that environmental management is happening across the whole of the end-of-life vehicle processing sector.

The proposed approach, described in the attached draft regulation, is to bring forward a range of policy changes that would impose recycling standards in a way that aligns with the ministry of the Environment and Climate Change’s approvals modernization agenda. For example, most of the requirements would be imposed through the Environmental Activity and Sector Registry (EASR) so that consistent standards are applied to the sector through an efficient electronic registration process. The proposal also takes into account the fact that sites may need time to modify their facility operations to meet the new standards. To facilitate the transition to new standards, a phased implementation is proposed.

As with other activities registered in EASR, end-of-life vehicle processing facilities would also be included on the ministry’s Access Environment website which would provide information to the public about the operations registered in their community.

This proposal was posted for a 45 day public review and comment period starting October 29, 2015. Comments were to be received by December 13, 2015.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Ben Hatcher
Senior Program Advisor
Ministry of the Environment and Climate Change
Environmental Programs Division
Modernization of Approvals Branch
135 St. Clair Avenue West
Floor 12
Toronto Ontario
M4V 1P5
Phone: (416) 325-7712

Modernization of Approvals Branch
135 St. Clair Avenue West
Floor 12
Toronto Ontario
M4V 1P5
Phone: (416) 325-7619