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October 6, 1997 Please reply to: Frances Pritchard
Telephone No. 392-7025
Please refer to: 97hlh 9-3.let
To: Interested Persons
City Council, at its regular meeting on September 22 and 23, 1997, gave consideration to Clause 3 contained in Report No. 9 of the Board of Health, titled AReview of PCB Waste Transfers Across City Boundaries@.
Council endorsed the following action taken by the Board of Health:
1. Requested the Medical Officer of Health to continue to monitor the quantity and type of PCB waste transferred into and out of the City of Toronto, and the storage and treatment scenarios associated with those transfers, under the policy adopted by City Council at its meeting of November 1 and 2, 1993.
2. Requested the Ontario Ministry of Environment and Energy to continue to notify the new City of Toronto regarding all PCB waste transfers.
3. Requested the Medical Officer of Health of the new City of Toronto to continue to advise the Board of Health for the new City regarding PCB waste transfers into the new City.
4. Forwarded a copy of this report to the Regional Director, Ministry of Environment and Energy, Toronto District Office for consideration and response.
Yours truly,
Assistant City Clerk
_____la
FMP
cc: Dr. David McKeown, Medical Officer of Health
Medical Officer of Health of the New City of Toronto
CLAUSE EMBODIED IN REPORT No. 9 OF THE
BOARD OF HEALTH WHICH WAS
ADOPTED BY CITY COUNCIL AT ITS REGULAR
MEETING ON SEPTEMBER 22 AND 23, 1997.
3
Review of PCB Waste Transfers Across City Boundaries
The Board of Health advises that it has adopted the report (September 3, 1997) from the Medical Officer of Health and recommends Council's endorsement.
The Board of Health submits the report (September 3, 1997) from the Medical Officer of Health:
Origin: Medical Officer of Health, April 4, 1996 (p:\1997\ug\cms\hld\hl970079.hld)
Recommendations:
1. That the Medical Officer of Health continue to monitor the quantity and type of PCB waste transferred into and out of the City of Toronto, and the storage and treatment scenarios associated with those transfers, under the policy adopted by City Council at its meeting of November 1 and 2, 1993.
2. That the Ontario Ministry of Environment and Energy continue to notify the new City of Toronto regarding all PCB waste transfers.
3. That the Medical Officer of Health of the new City of Toronto continue to advise the Board of Health for the new City regarding PCB waste transfers into the new City.
4. That the Board of Health forward a copy of this report to the Regional Director, Ministry of Environment and Energy, Toronto District Office for consideration and response.
Background:
Under the current City policy concerning the transfer of PCB waste into the City of Toronto, transfers involving small quantities of solid, non-treatable PCB waste are not considered to present a public health or safety concern provided they are carried out in compliance with all applicable regulations. Public Health reviews all requests to transfer PCB waste into the City and advises the Board of Health of the Public Health response to each request. Public Health also monitors the quantity and type of PCB waste being transferred across City boundaries with a view to identifying the need for any changes to the City policy.
Public Health has previously reported to the Board of Health (January 13, 1995 and April 4, 1996) on transfers of PCB waste into and out of the City of Toronto from November 1993 to April 1996. At its meeting of April 18, 1996, the Board of Health adopted the report (April 4, 1996) of the Acting Medical Officer of Health and the following recommendation:
That the Acting Medical Officer of Health continue to monitor the quantity and type of PCB waste transferred into and out of the City of Toronto under the policy adopted by City Council at its meeting of November 1 and 2, 1993.
Comments: This report provides an update to the Board of Health based on information Public Health has received for shipments of PCB-contaminated material into and out of the City for the period April 1996 to August 1997, inclusive. In this period there have been some important changes to federal regulation and policy, and evolving federal and provincial cooperation to influence the destruction of stored PCB waste.
Regulatory Background and Federal Policy
In 1994, Canada and Ontario signed the Canada/Ontario Agreement (COA) which committed Ontario to destroying 50% of the high-level PCBs stored in the province by the year 2000 and to accelerating the destruction of low-level PCB wastes. In 1996, the federal government committed Canada to accelerating the destruction of stored high- level PCBs when it signed the binational Virtual Elimination Strategy with the United States. In December 1996, the federal government passed the PCB Wastes Export Regulation which provides PCB waste owners access to PCB destruction facilities operating in the United States. To date, Public Health has been advised of one transfer of PCB waste into the City of Toronto for short term storage and subsequent transfer out of the City for destruction in the United States.
Ministry Policy Regarding Municipal Notification for PCB Waste Transfers
Municipal concurrence is not required by law for PCB waste transfers. However, the Ministry of Environment and Energy has had a long-standing policy of considering the City opinion before issuing Director =s Instructions for a proposed PCB waste transfer. Now that destruction options for PCBs are available, the Ministry wishes to encourage the destruction of PCBs in storage and not delay transfer approvals unnecessarily. Ministry staff have indicated that they will copy Ministry correspondence respecting PCB waste transfers directly to Public Health staff to facilitate notification and concurrence until the City of Toronto Act, 1997 is promulgated. It is unclear how the Ministry will address PCB waste transfers within the new City of Toronto. I would recommend that the Ministry continue to notify the new City of Toronto regarding all PCB waste transfers.
City Policy
In November 1993, City Council adopted a policy regarding PCB waste transfers into the City of Toronto whereby requests for transfers not presenting a public health and safety concern would not be opposed, and requests for transfers that present a public health and safety concern would be opposed. Public health and safety of a particular PCB waste transfer are evaluated in terms of the type and quantity of PCB waste being transferred and by the storage scenario being proposed. Transfers involving solid non-treatable waste, such as fluorescent light ballasts, are not considered a public health and safety concern unless the waste is being transferred into the City in large quantities for storage. The policy does not provide a definition of Alarge quantities@. Treatable liquids such as PCB-contaminated mineral oil are considered a public health and safety concern unless they are being transferred for the purpose of consolidating PCB liquids immediately prior to decontamination.
Transfers Across City of Toronto Boundaries Between April 1996 and August 1997
Staff have reviewed Public Health files to determine the number of PCB transfers into, and out of, the City of Toronto since the previous report in April 1996 to the Board of Health. Staff have requested that the Ministry of Environment and Energy review our list of transfers (as shown in Tables 1 and 2) to confirm that it is complete, as well as provide further information on the type and quantity of PCB waste transferred. To date, no additional information has been received from the Ministry.
Table 1: PCB Waste Transfers Out Of City of Toronto - April 1996 to August 1997
|
Owner/Transfer |
From |
To
|
Quantity/Type |
Disposition
|
|
Toronto General Hospital
(June 1997) |
Toronto General Hospital, Toronto |
Quebec and Alberta |
1 transformer carcass and fluid |
Drained, tested, carcass recycled, fluid treated |
|
Hospital for Sick Children
(June 1997) |
Hospital for Sick Children, Toronto |
Quebec and Alberta |
1 transformer carcass and fluid |
Drained, tested, carcass recycled, fluid treated |
|
CIBC
(December 1996) |
3 sites in Toronto |
Alberta |
|
Drained transformers, shipped PCB waste to Alberta for treatment |
|
TTC MOEE #301-96B-025 |
18 sites in Toronto (subway stations) |
Alberta |
|
Shipped PCB waste to Alberta for treatment
|
|
Canada Post MOEE
#301-97B-008 |
7 sites in Ontario, 7 sites in Atlantic Provinces, 3 sites in Quebec. |
Canada Post
600 Commissioners
Street, Toronto |
30,000 fluorescent light ballasts in 220 drums |
PCBs shipped to US for destruction |
Table 2: PCB Transfers Into City of Toronto - April 1996 to August 1997
|
Owner/Transfer
|
From |
To
|
Quantity/Type |
Disposition
|
|
Canada Post MOEE
#301-97B-008 |
7 sites in Ontario, 7 sites in Atlantic Provinces, 3 sites in Quebec. |
Canada Post
600 Commissioners Street, Toronto |
30,000 fluorescent light ballasts in 220 drums |
Temporary transfer. Ballasts reduced, carcasses recycled, and PCBs drained. |
|
Paperboard Industries Corporation
#301-91A-045 |
1 site in London, Ontario |
495 Commissioners Street, Toronto |
444 fluorescent light ballasts in 3 drums |
Long-term storage
|
Two of the seven transfers have been into the City of Toronto. While the Canada Post transfer involved a relatively large quantity of PCB waste, it was a temporary transfer. The PCBs drained from the Canada Post ballasts were scheduled for destruction in the United States. The rest of the transfers involved relatively small volumes of PCB waste. These data, and the information in the previous reports (January 13, 1995 and April 4, 1996) to the Board of Health, indicate that since the adoption by Council of the PCB waste transfer review policy in November 1993, 13 transfers into the City and 8 transfers out of the City are known to have occurred. The previous reports indicated that the amount of PCB waste transferred out of the City since November 1993 outweighed the amount transferred into the City, largely due to a single transfer to North York in 1994. The new data indicates that the quantity of PCB waste being transferred out of the City still exceeds the quantity of PCB waste being transferred into the City for storage.
The Canada Post transfer (Table 2) involved a temporary transfer of a large quantity of fluorescent light ballasts into the City for consolidation, ballast reduction and transfer out for destruction in the United States. It is the first example of a transfer that reflects the new federal policy and the PCB Wastes Export Regulation. Ministry staff have indicated that Environment Canada had overall responsibility for the Canada Post transfer because Canada Post falls under federal jurisdiction. While Ministry concurrence is not legally required for such a transfer, Ministry staff have indicated that Environment Canada cooperated with the Ministry on the Canada Post transfer, and that both agencies approved it. The Ministry Director =s Instructions dated April 15, 1997, stated that: Aall PCB residue from this ballast waste reduction project shall be transferred to an approved waste facility for final disposal no later than July 31, 1997". Ministry staff have indicated that a report on the completion of this project is soon to be forwarded by the consultant for Canada Post, and that a copy will be provided to Public Health. I would note that the Canada Post transfer was initiated with Ministry approval prior to Public Health review of the application or notification of the Board of Health. As I indicated previously in this report, Ministry staff will copy their correspondence respecting PCB waste transfers directly to Public Health staff to ensure that the City is consulted before Ministry approval of PCB waste transfers is granted.
In terms of the current City policy, the Canada Post transfer involved a relatively large quantity of PCB waste. However, such a transfer of solid PCB waste into the City presents relatively little hazard during transportation, and the storage period in the City is clearly defined and limited by the Ministry Director =s Order. The transfer of the consolidated PCB liquid out of the City requires strict regulatory adherence and federal and provincial supervision. There is some degree of risk involved in any transfer of PCB waste, which must be weighed against the risk posed by continued storage. In my view, acceptance of this type of transfer is consistent with the current City policy.
However, acceptance of this type of transfer does not imply approval of other options such as:
- transferring large quantities of solid or liquid PCB wastes into the City for long-term storage;
- transferring large quantities of high-level liquid PCB wastes into the City for consolidation and eventual transfer out of the City; or
- transferring high-level PCB wastes into Toronto for destruction within the City.
Such transfers would not be supported on the basis that they present an unnecessary increase in public health and safety concern for residents of Toronto. This position reflects the original discussion of policy options by the Medical Officer of Health contained in the report (October 12, 1993) to the Board of Health.
Discussion
Some key aspects of the policy context for PCB waste transfers, storage and treatment have evolved since the City policy was developed in 1993. The changes to federal regulations and the ongoing federal and provincial cooperation to encourage PCB destruction, whether in the United States or Canada, may result in further transfers of PCB waste through the City of Toronto and other municipalities. Destruction technologies are now available for PCB wastes previously considered non-treatable, such as solid wastes and highly concentrated liquid waste. The City, in its review of corporate PCB management strategies, has indicated its preference for local destruction of City-owned PCBs.
At its meeting of February 24, 1997 City Council gave consideration to Clause 3 contained in Report No. 2 of the Board of Health, titled AManaging the City=s Solid PCB Waste@, and adopted the following recommendation:
That the City of Toronto destroy its solid PCB waste inventory within the City =s boundaries, using the services of Toronto Hydro, provided that:
a) the cost for that service is not excessive;
b) a review of the health and environmental impacts of the Toronto Hydro proposal is carried out to the satisfaction of the Medical Officer of Health;
c) a comprehensive public consultation process is conducted to identify and address any community concerns; and
d) a time or tonnage or source limit is placed on the process.
This recommendation reflects the preferred option in the Board of Health report to use the services of Toronto Hydro and Eli Ecologic Inc. to destroy City-owned PCBs within the City and requires the establishment of a local PCB destruction facility that will use the Ecologic technology. EcoLogic has provided verbal assurances to the Board of Health that this facility will be used to destroy only those wastes stored in the existing City of Toronto. City Council has instructed staff to negotiate limits related to the tonnage of waste to be destroyed by this facility, the period of time for which the facility will be operated, and the catchment area from which wastes will be drawn, all for inclusion in the Ministry Certificate of Approval for the facility.
The new City of Toronto will be in place in January 1998. Continued monitoring of PCB waste transfers as per the current policy will provide the information needed by the new Board of Health and City Council in their assessment of future PCB waste transfer policies. The new City Council and Board of Health will need to be apprised of previous policy decisions regarding PCB waste transfers and local treatment of City-owned PCBs.
Conclusions:
I am not proposing any change to the current City policy regarding PCB waste transfers at this time. In light of the evolving regulatory climate surrounding PCBs, Public Health will continue to monitor the quantity and type of PCB wastes transferred into, and out of, the City of Toronto, as well as the storage and treatment scenarios associated with those transfers, under the policy adopted by City Council in November, 1993. I would recommend that after January 1, 1998 the Board of Health in the new City of Toronto continue to be advised by Public Health regarding PCB waste transfers into the new City.
I would recommend that this report be sent to the Ministry of Environment and Energy for their consideration and response.
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