Proposed Regulatory Framework for Wastewater

1. Proposed Regulatory Framework for Wastewater Presented by Claude Fortin Winnipeg, Manitoba December 6, 2007

2. Presentation Overview • Setting the Context • EC’s Proposed Regulatory Framework for Wastewater

3. Context - Background • EC is consulting on proposals for updating wastewater management • CCME Canada-wide Strategy • EC’s Proposed Regulatory Framework for Wastewater • This presentation will focus on key elements of EC’s consultation document

4. Context - Important Time to Provide Feedback • CCME Canada-wide Strategy is due to be finalized in the Spring 2008 • Key elements for new proposed federal regulations would be based on the CCME Strategy • Proposed federal effluent regulations to be published in December 2008

5. Context – Impacts • Environmental and health impacts are clearly established for wastewater effluents • “Toxic” substances in wastewater effluents • Impacts include negative effects on fish, wildlife, oxygen depletion in water bodies and restrictions on consumption of drinking water

6. Wastewater system – schematic representation Collection Treatment Receiving Environment Sources Release Air Atmosphere Solid / Sludge Land Effluent Surface water Overflow

7. Context – Management • Wastewater systems are subject to federal legislation as well as applicable provincial, territorial or water board legislation, permits or licenses • Federal Fisheries Act allows for the establishment of regulations for the discharge of deleterious substances • Existing regulatory structures need to be harmonized and in many cases updated

8. CCME Strategy’s elements • Managing effluents • National performance standards and an approach for site-specific standards • “One-window” for reporting, compliance promotion and enforcement • Managing sources • Model sewer use bylaw • CEPA 1999 for pollutants used where appropriate • Science and Research • Canadian wastewater research body or wastewater task group • Economic Implications • Preliminary cost to achieve proposals in Strategy estimated at $10 – 13 billion • Excludes collection system upgrades and addressing overflows from combined sewers

9. CCME Strategy’sPerformance elements Environmental Risk Assessments and Initial Characterization of Effluent Effluent Monitoring Effluent Discharge Objectives (EDOs) Meet NPS? Meet EDOs? CSOs? Pass Tox Test? NO YES NO NO High, Medium, Low Risk Timeline for Implementation Combined Sewer and Overflow Reduction Planning Toxicity Identification and Reduction Planning Risk Management Submission of Action Plan Regulators via One-Window Compliance Reporting

10. CCME Strategy’s implementation • The responsibility for implementing the CCME Strategy rests with each jurisdiction • Environment Canada’s Proposed Regulatory Framework for Wastewater outlines the federal government’s approach to implement the CCME Strategy

11. EC’s ProposedRegulatory Framework for Wastewater • Develop wastewater effluent regulations and administrative mechanisms under the authority of the Fisheries Act • Develop additional risk management actions for wastewater systems under federal authority, or on federal land or on aboriginal land • Develop risk management actions for sources of pollution in wastewater

12. A. Wastewater effluent regulations under the Fisheries Act • Application • Regulations would be applicable to all land-based wastewater systems that discharge effluent to surface water • Deleterious Substances and Effluent Discharge Levels • Biochemical oxygen demanding matter - 25 mg/L (CBOD) • Suspended solids - 25 mg/L (TSS) • Residual chlorine - 0.02 mg/L (TRC) • Acutely toxic effluent - non-acutely toxic effluent • Ammonia - specific requirements that consider both acute and chronic toxicity

13. A. Wastewater effluent regulations under the Fisheries Act • Wastewater system size category 1EC considering a minimum flow of 10 m3 for very small category 2 Very Small and Small wastewater systems with “industrial” input would be deemed “medium”.

14. A. Wastewater effluent regulations under the Fisheries Act – all wastewater systems • Based on wastewater system size categories the regulations would include other requirements • Effluent Monitoring • Reporting • Risk based implementation timelines for effluent discharge limits • Includes consideration for overflows from combined sewers • Acute Toxicity and Ammonia Requirements • Non-acutely toxic limit and monitoring requirements for acute toxicity apply to medium, large or very large wastewater systems • Receiving environment considerations would determine if reduction of ammonia in the effluent would be required

15. A. Wastewater effluent regulations under the Fisheries Act - wastewater systems under federal authority, on federal or aboriginal land • Regulations would require site-specific activities • Establish a list of substances of potential concern • Prepare and execute an initial effluent characterization program • Establish effluent discharge objectives • Monitor effluent and submit reports Note: Federal regulations would not include the above requirements for wastewater systems under provincial or territorial jurisdiction

16. A. Wastewater effluent regulations under the Fisheries Act • Interdepartmental and intergovernmental co-operation through formal agreements • Agreements address one-window reporting, compliance promotion and enforcement elements and a co-ordination mechanism for the site-specific effluent discharge requirements • Administrative agreements would be negotiated between the federal and provincial governments and the federal government and Yukon • For Northwest Territories and Nunavut agreements would be developed between the territories, Indian and Northern Affairs Canada (INAC) and the other regulators as required.

17. B. Risk management actions for wastewater systems under federal authority, or on federal land or on aboriginal land • For effluents, the Guidelines for Effluent Quality and Wastewater Treatment at Federal Establishments (EPS 1-EC-76-1, 1976) would be replaced by the wastewater effluent regulations under the Fisheries Act • For other issues, Environment Canada would update the Guidelines or develop other instruments at the same time the wastewater effluent regulations under the Fisheries Act would be finalized • Examples, stormwater, wastewater treatment sludge and biosolids

18. C. Risk management actions for sources of pollution • Need for risk management actions to manage pollutants at their source will be determined based on the result of the site-specific environmental risk assessments • Federal government’s Chemicals Management Plan is a key commitment to reduce pollutants at their source • Risk management actions under the Canadian Environmental Protection Act, 1999, the Pest Control Products Act, and the Food and Drugs Act • Further information - www.chemicalsubstanceschimiques.gc.ca

19. Next steps • January 31, 2008 - interested parties are invited to provide feedback • Proposed Regulatory Framework for Wastewater to Environment Canada • Canada-wide Strategy to CCME • Spring 2008 • CCME Canada-wide Strategy finalized • December 2008 • Proposed wastewater effluent regulations under the Fisheries Act published in Canada Gazette, Part I

20. Providing Feedback • Interested parties can provide feedback in writing to: • Claude FortinEnvironment Canada351 St. Joseph Blvd, Gatineau, Québec, K1A 0H3 • Feedback can be provided through email or by facsimile: • E-mail: wastewater@ec.gc.caFax number: (819) 953-7253 • Further information can be obtained at EC’s website: www.ec.gc.ca/wastewater • All interested parties are encouraged to review the documentation for the CCME Canada-wide Strategy for the Management of Municipal Wastewater Effluent • Further information about the CCME Strategy can be obtained at the CCME’s website: www.ccme.ca/ourwork/water.html

21. Thank you