Toxics Covered by the Regulation
The substances identified as toxic substances in the Ontario Regulation 455/09 include all of the substances in the federal National Pollutant Release Inventory (NPRI) as well as acetone (adopted from Ontario Regulation 127/01 made under the Environmental Protection Act).
The roughly 350 substances in the NPRI have been identified by the federal government as being of concern to human health and the environment.
The Toxics Reduction Act references two different types of substances:
1. Toxic substances
Forty-seven substances and substance groups were identified as priorities for inclusion in the initial regulatory requirements in 2010 (Phase 1). These Phase 1 toxic substances are listed in Table A of the regulation.
Phase 2, which includes all of the substances on the NPRI list came into effect January 1, 2012. Facilities that use these substances will be reporting and planning for these in 2013.
2. Substances of concern
The ministry, in collaboration with an expert panel, developed an initial list of 19 substances of potential concern that are not tracked by NPRI.
Little information is currently available regarding the exposure to, and emissions from, these substances.
The sections in the Toxics Reduction Act pertaining to substances of concern are not currently in effect. The ministry would need to draft a regulation for public comment prior to any requirements to account and report on these substances.
