The Province of Québec initiated a public consultation process in late July for proposed updates to its Matières Résiduelles Fertilisantes (MRF) guidance for the use of residuals as soil amendments and fertilizers. Québec’s Ministère de l’Environnement, de la Lutte Contre les Changements Climatiques, de la Faune et des Parcs (MELCCFP), loosely translated as the Ministry of the Environment, the Fight Against Climate Change, Wildlife and Parks) is proposing numerous changes to its MRF guidance and turning them into formal regulations for managing residual material recycling end uses. The proposed regulation includes penalties for non-compliance that did not exist under the guidance, putting residuals management on par with other regulations already in place, such as those applicable to manure management.

The most significant changes include new residuals quality limits for PFAS and revoking the temporary prohibition on the import of biosolids from the United States for certain end uses.  Now biosolids and other residuals will have to meet all the pollutant limits before it can be used in Québec. Note that there are also federal restrictions on imported fertilizer materials under the Canadian fertilizer act that require the material to be pathogen free which will prohibit U.S. Class B imports for direct land application.  Materials can still be imported for composting and processing purposes.

The published rule amendments (91 pages) can be found here: https://environnement.gouv.qc.ca/matieres/consultation/encadrement-matieres-residuelles-fertilisantes/. The changes cover the types of MRFs allowed, how they can be used, and specific quality standards that include numerous PFAS compounds. The updated MRF rules cover permits, notice, sampling and reporting requirements for various MRF end uses. For the contaminants of emerging concern (CECs), MELCCFP has proposed numerous “paramètres investigateurs préventifs” which translates literally as “Preventative Investigator Parameters,” implying that the parameters are set but subject to further investigation.   

Compared to some of the state-level actions in the United States, these proposed changes to the MRF regulations are a smart, adaptive management approach that will lead to a better understanding of the levels of PFAS in biosolids/residuals and identify those industrially impacted biosolids that should be landfilled or incinerated or treated differently in some way due to high levels of PFAS compounds.

Québec is proposing limits for 13 PFAS compounds or precursors with a cap on the total for all PFAS at 120 parts per billion (ppb) for materials designated Class I1 (for general uses). PFOS will be limited to 11 ppb and PFOA to 8 ppb. There are also limits on Class I2 materials (restricted use) that reflect the higher PFAS concentration levels as set by the Canadian Food Inspection Agency for fertilizers.  Although restrictions will apply to the land application of Class I2 residuals in regard to application over a 3-year period, it is unlikely to have a major impact and residuals application is already limited over the same period due to phosphorus and liming/Ph in soils restrictions already in place. Class I2 materials may still be composted, but the same restriction applies to the use of the resulting compost being produced. Compost use in horticultural products will be required to meet Class I1 levels for general use without restrictions (along with all other parameters).    

MELLCCFP is also proposing long-anticipated changes to many aspects of the guidance on managing residuals. Some modifications are related to the perception issues that were stirred up by the 2022 Radio Canada news shows (see A Story That Does Not Smell Good — NEBRA (nebiosolids.org)). For example, MELLCCFP is proposing that residuals storage (in fields) would have to respect a 30-degree angle at all times, an aesthetic concern that doesn’t have much of an impact on the environment and raises concerns as to whose responsibility it is to ensure that requirement is met. Another example is the proposed requirement to have the signage in fields include the name and coordinates of the agronomist in charge of the project and not just the company managing the project. According to NEBRA member Biogenie, the role of the agronomist is already well defined and strict, so the requirement is not justified. There is also concern this requirement would discourage agronomists’ interest to manage residuals by putting their contact information on the public signs.   

Due to extensive outreach with stakeholders prior to publication, the MELCCFP expects to review the comments this fall and submit final versions of regulations for approval this winter or in the spring of 2025. Full implementation of theses regulations would start in November 2025, giving municipalities and managers ample time to get analytical results and make adjustments.

Along with the changes to the MRF regulations, MELCCFP is proposing changes to four related regulations to harmonize the MRF rules with regulations related to environmental impacts, agricultural operations (e.g., storage and spreading practices), drinking water source protection (like setback requirements), and reclamation of residual materials. In August, the Canadian government set a limit on PFAS in drinking water of 30 parts per trillion for the sum of 25 PFAS compounds. The proposed changes to Québec’s residuals recycling regulations and related regulations are included in the consultation with comments due by September 7th.