Canada Gazette, Part I, Volume 157, Number 44: Regulations Repealing the Secondary Lead Smelter Release Regulations
November 4, 2023
Statutory authority
Canadian Environmental Protection Act, 1999
Sponsoring departments
Department of the Environment
Department of Health
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Secondary Lead Smelter Release Regulations (SLSRR) were made under the Canadian Environmental Protection Act, 1999 (CEPA). The SLSRR limit the concentrations of particulate matter (PM), and lead contained in PM, released into the ambient air from secondary lead smelters. In 2022, the Department of the Environment (the Department), as part of the regulatory stock review plan from 2019 to 2029, completed the Review of Secondary Lead Smelter Release Regulations. The review of the SLSRR concluded that the SLSRR are no longer needed for the following reasons:
- There are enforcement issues with the SLSRR, including the absence of reporting requirements, outdated lab methods and uncertainty over who is covered under the definition of a secondary lead smelter;
- The SLSRR contain technical elements that are no longer applicable to the current lead smelting industry terminology and practices; and
- There is regulatory duplication, given that the outcomes of the SLSRR are obtained by provincial regulations and municipal by-laws.
Background
A secondary lead smelter is defined under the SLSRR as any plant or factory in which lead-bearing scrap or lead-bearing materials, other than lead-bearing concentrates derived from a mining operation, are processed by a metallurgical or a chemical process into refined lead, lead alloys or lead oxide. Lead released into the environment from secondary lead smelters was a major concern in Canada in the 1970s and 1980s. During this time, there were up to 51 secondary lead smelter facilities located in Quebec, Ontario and British Columbia. At the time, none of the provinces or municipalities in which the facilities were located had regulations in place to control lead emissions.
In 1976, the Secondary Lead Smelter National Emission Standards Regulations (SLSNESR) were introduced under the federal Clean Air Act. The purpose of the SLSNESR was to limit the concentrations of PM, and lead contained in PM, released into the ambient air from secondary lead smelters. In 1991, the SLSNESR were revoked and the SLSRR were introduced under the 1988 Canadian Environmental Protection Act. In 2000, the SLSRR were amended to align with CEPA.
Originally, the SLSRR helped reduce lead and PM concentrations since there were no other federal or provincial regulations in place to control emissions from secondary lead smelters. The emission limit requirements in the SLSRR led to the installation of control equipment and to the achievement of lower lead and PM concentrations.
The number of lead smelters in Canada has dropped from 51 in 1984 to 6 in 2020; these six lead facilities include five secondary lead smelters and one primary lead smelter that is also a secondary lead smelter. The six remaining smelters (located in British Columbia, Ontario and Quebec) are now also subject to provincial regulations or municipal by-laws, which are as or more stringent than the SLSRR. It is expected that provinces and municipalities will continue to exercise existing levels of stringency when it comes to lead risk management. The SLSRR cover only PM and lead contained in PM, while provincial and municipal requirements where secondary lead smelters are operating also cover additional pollutants.
In 2022, the Department completed the review of the SLSRR as part of its regulatory stock review plan from 2019 to 2029 and recommended that they be repealed. As part of the review, the Department gathered supporting data and information relevant to the review and conducted consultations with provinces, industry, Indigenous peoples, and other non-governmental organizations. The review demonstrated that the SLSRR are no longer relevant as they are out of date and duplicative of provincial and municipal requirements.
Provincial regulations and municipal by-laws
The SLSRR are out of date and currently apply to only five secondary lead smelters and one primary smelter that is also a secondary lead smelter. These smelters account for a small portion of lead emissions (less than 2%) in comparison with the broader base metals smelting sector (BMS).footnote 1 There is confidence that the provinces and municipalities, which have the same management goals for lead as the federal government, will be able to protect human health through their established regulations and/or by-laws. Existing Canadian lead smelters are subject to three provincial regulations and two municipal by-laws.
Quebec
The Clean Air Regulation sets particle and gas emission standards, emission opacity standards, air quality standards and monitoring measures to prevent, eliminate or reduce the emission of contaminants into the atmosphere. Sections 163 to 167 set requirements for secondary lead smelters or processing or handling plants for lead or lead oxide. Revolution VSC LP is the facility that is subject to this provincial regulation. This regulation, which is more stringent than the SLSRR, requires that smelters not emit lead into the atmosphere in excess of
- 30 milligrams per normal cubic metre [mg/Nmfootnote 3] of lead for reverberatory furnaces, rotary furnaces or cupolas; and
- 15 mg/Nmfootnote 3 in the case of holding furnaces, kettle furnaces, lead oxide production units, from the handling of lead material and refuse, from crushing, slagging, tapping and cleaning of furnaces or the casting of lead.
Section 6 of the City of Montréal By-law 90 (PDF, available in French only) pertaining to air purification, requires metallurgical facilities to have control devices to ensure PM releases do not exceed the specified concentration. In addition, the by-law limits the release of lead and PM from lead smelting and handling facilities. The concentration limits in the by-law are as stringent as those set out in the SLSRR (15 mg/Nmfootnote 3 for lead concentration and 23 mg/Nmfootnote 3 for PM). The by-law also sets dispersion modelling standards of 15 micrograms per normal cubic metre [µg/Nmfootnote 3] for 15-minute averaging period. The General Smelting company (“Fonderie Générale du Canada”) is the facility that is subject to this municipal by-law.
Ontario
Section 20.2 of Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E.19 requires that each smelter apply for an environmental compliance approval. The Ontario Regulation 419/05: Air Pollution - Local Air Quality plays a key role in reducing industrial emissions of harmful pollutants, including lead. It imposes air standard concentration limits for contaminants that are assessed using air dispersion models and/or ambient monitoring. The standards for point of impingement (POI) for some substances are relevant for secondary lead smelters. There is a POI for lead of 2 µg/Nmfootnote 3. Ontario manages compliance with these standards through facility permits or environmental compliance approvals. Equipment and significant operational changes require permit changes and demonstration of compliance with the requirements of the POI. Tonolli Canada Ltd. and Alchemy Extrusions Inc. are the two facilities that are subject to this provincial regulation.
British Columbia
British Columbia regulates discharge emissions to air from lead smelters though authorization permits that fulfill the intent of the Environmental Management Act (EMA) under Part 2, section 14. The EMA requires authorization permits to discharge emissions to air from lead smelters. Teck Trail is the facility that is subject to a permit delivered by the province. The Teck Trail permit sets lead concentration of 1 mg/Nmfootnote 3 and PM concentration varies from 5 to 25 mg/Nmfootnote 3. These requirements have the same stringency as the SLSRR when it comes to lead risk management.
The EMA empowers the Greater Vancouver Regional District (GVRD) to regulate air emissions. Metalex Products Ltd. is the facility that is covered by the GVRD permit under the Air Quality Management Bylaw No. 725, which is now replaced by the Air Quality Management Bylaw No. 1082, 2008 (PDF). Under this bylaw, Metalex Products Ltd. has a permit that sets the lead concentration of 1.5 mg/Nmfootnote 3.
Other provinces and territories
Other provinces have implemented measures to control lead emissions. For example, Alberta and New Brunswick still have regulations in place, even though they no longer have smelters subject to their respective regulations. Alberta’s Substance Release Regulation follows the general requirements of the federal SLSRR and has the same concentration limits on lead. Likewise, New Brunswick’s Air Quality Regulation (NB Reg 97-133), filed in 1997, classifies sources of air pollution by the amount and type of contaminants they produce. It sets maximum levels for smoke density (i.e. opacity) and limits the release of air pollutants so that maximum permissible ground-level concentrations are not exceeded. These and other requirements are documented in permits issued to smelters. The last lead facility that was subject to a permit closed in 2019. While these regulatory requirements could lead to the same outcomes as the SLSRR when it comes to lead risk management, they currently do not apply to any facilities because there are no lead facilities in other provinces and territories.
The table below summarizes the location and regulatory requirements for the six lead smelters to which the SLSRR apply.
| Smelter |
Location |
Provincial regulations and municipal by-laws |
Lead concentration |
|---|---|---|---|
Sainte-Catherine, Quebec |
30 (blast, reverberatory, cupolas furnaces) 15 (kettle furnaces) |
||
Lachine, Quebec |
By-law 90 (PDF, available in French only) (Communauté urbaine de Montréal) |
15 |
|
Mississauga, Ontario |
Tonolli Canada, Amended Environmental Compliance Approval (ECA) Air Number 9595-55EQEH |
POI of 2 µg/Nmfootnote 3 |
|
Hamilton, Ontario |
Environmental Compliance Approval Number 1379-B5EMTV |
POI of 2 µg/Nmfootnote 3 |
|
Richmond, British Columbia |
Permit Number GVA0142 |
1.5 |
|
6. Teck Trail |
Trail, British Columbia |
Lead permit PA 02691 |
1 |
Objective
The objective of the proposed Regulations Repealing the Secondary Lead Smelter Release Regulations (the proposed repealing Regulations) is to remove an outdated set of regulations currently being duplicated by provincial and municipal regulatory regimes.
Description
The proposed repealing Regulations would repeal the SLSRR and at the same time, make consequential amendments to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environment Protection Act, 1999) to repeal item 4 of the Schedule, removing the designated provisions of the SLSRR.
Instrument choice
To meet the objective outlined above, it was determined that the only viable option was to repeal the SLSRR. Non-regulatory options, such as voluntary agreements, were not considered. Maintaining the status quo was not considered to be a viable option as this would maintain the burden of an outdated set of federal regulations that are currently duplicated by provincial and municipal regulatory regimes.
Regulatory development
Consultation
Extensive consultations concerning the repeal of the SLSRR were not needed since they were conducted during the review of the SLSRR from 2019 to 2021, as part of the Department’s regulatory stock review plan from 2019 to 2029. These consultations resulted in recommending the repeal of the SLSRR.
It is expected that the proposed repealing Regulations would not result in stakeholder opposition because the SLSRR are outdated and apply to only six smelters that are all currently covered by provincial or municipal regulatory requirements that are equivalent or more stringent than the requirements set out in the SLSRR.
Modern treaty obligations and Indigenous engagement and consultation
The Department engaged Indigenous peoples in 2020, as part of the regulatory review. Two First Nations chose to participate in the consultation sessions. They did not request any further engagement and did not raise any significant issues relating to the repeal of the SLSRR.
The Department determined that the proposed repealing Regulations would not have modern treaty implications. As a result, specific Indigenous engagement and consultation would not be required.
Regulatory analysis
The proposed repealing Regulations are not expected to have any measurable impacts.
Benefits and costs
Repealing the SLSRR reduces duplication of federal regulations with provincial regulations and municipal by-laws. The proposed repealing Regulations would not result in costs or benefits for Canadians and the six secondary lead smelters, but there could be minimal costs for the federal, provincial, territorial, or municipal governments.
The SLSRR provide that the Minister of the Environment may request reports from the operators or owners of secondary lead smelters. However, since the adoption of the SLSRR, there have been no reporting requests from the Minister. During the review of the SLSRR, data received from the six remaining lead smelters show that they all comply with the limits specified in the SLSRR. It is assumed that the proposal would not create federal government costs beyond the need to make regulatees aware of the repeal.
Given that the repeal of the SLSRR is not expected to affect the emissions from the six lead smelters, the proposal would not be expected to have any adverse impacts. The emissions would continue to be controlled by existing provincial regulations and municipal by-laws.
Repealing the SLSRR could create a gap that would leave some jurisdictions without any rules governing lead emissions from secondary lead smelters. However, all six remaining lead smelters in Canada are in jurisdictions where provincial or municipal risk management is in place, and it is expected that provinces and municipalities with lead smelters will continue to exercise an appropriate degree of lead risk management. Given the downward trendfootnote 2 in the number of lead smelters in Canada since 1984, from 51 in 1984 to only 6 today, it is not expected that any new lead smelters will be built in Canada. In the unlikely case that a province would not address lead emissions from an existing or new facility, Environment and Climate Change Canada would need to amend or update instruments such as the Environmental Code of Practice for Base Metals Smelters and Refineries and/or the environmental performance agreements for the base metal smelters sector to address such lead emissions or develop new instruments.
Small business lens
Analysis under the small business lens concluded that the proposed repealing Regulations would not impact Canadian small businesses. Four of the six lead smelters are small businesses. However, given that there have been no reporting requests from the Minister and that smelters would continue to be subject to emissions standards through provincial or municipal regulations or permitting and approvals processes, there would be no expected impacts to small businesses when the SLSRR are repealed.
One-for-one rule
The one-for-one rule applies since a regulatory title would be repealed and the proposal is considered a title out. The proposed repealing Regulations are not expected to result in any administrative impacts to businesses or any other stakeholders given that there have been no reporting requests from the Minister.
Regulatory cooperation and alignment
The proposed repealing Regulations would not affect any international agreements or obligations.
The regulatory stock review for the SLSRR completed in 2022 indicated that the six lead smelters are also covered by provincial regulations and municipal by-laws. The proposal would remove duplicative regulatory requirements.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for this proposal.
Implementation, compliance and enforcement, and service standards
The proposed repealing Regulations would come into force on the day of their registration. There are no related service standards, and no implementation strategy specific to the proposed repealing Regulations is necessary, given that they are not expected to impact stakeholders.
Contacts
Lorie Cummings
Manager
Mining and Processing Division
Industrial Sectors, Chemicals, and Waste Directorate
Environmental Protection Branch
Department of the Environment
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: mmp-tmm@ec.gc.ca
Maria Klimas
Acting Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Department of the Environment
200 Sacré-Cœur Boulevard, 10th Floor
Gatineau, Quebec
K1A 0H3
Email: RAVD.DARV@ec.gc.ca
PROPOSED REGULATORY TEXT
Notice is given, under subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Governor in Council proposes to make the annexed Regulations Repealing the Secondary Lead Smelter Release Regulations under subsection 93(1) and section 286.1footnote c of that Act.
Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. Persons filing comments are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website. Persons filing comments by any other means, and persons filing a notice of objection, should cite the Canada Gazette, Part I, and the date of publication of this notice, and send the comments or notice of objection to the Mining and Processing Division, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (email: mmp-tmm@ec.gc.ca).
A person who provides information to the Minister may submit with the information a request for confidentiality under section 313 of that Act.
Ottawa, October 27, 2023
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Repealing the Secondary Lead Smelter Release Regulations
Repeal
1 The Secondary Lead Smelter Release Regulations footnote 3 are repealed.
Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)
2 Item 4 of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) footnote 4 is repealed.
Coming into Force
3 These Regulations come into force on the day on which they are registered.
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