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Vol. 139, No. 11 — June 1, 2005
Registration
SOR/2005-149 May 17, 2005
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Export and Import of Hazardous Waste and Hazardous Recyclable Material
Regulations P.C. 2005-930 May 17, 2005
Whereas, pursuant to subsection 332(1) (see
footnote a) of the Canadian Environmental Protection Act, 1999
(see footnote b), the Minister of
the Environment published in the Canada Gazette, Part I, on March
20, 2004 a copy of the proposed Export and Import of Hazardous Waste
and Hazardous Recyclable Material Regulations, substantially in the
annexed form, and persons were given an opportunity to file comments with
respect to the proposed Regulations or to file a notice of objection requesting
that a board of review be established and stating the reasons for the
objection;
Therefore, Her Excellency the Governor General in Council, on the recommendation
of the Minister of the Environment, pursuant to section 191 of the Canadian
Environmental Protection Act, 1999 (see
footnote c), hereby makes the annexed Export and Import of Hazardous
Waste and Hazardous Recyclable Material Regulations.
EXPORT AND IMPORT OF HAZARDOUS WASTE AND HAZARDOUS
RECYCLABLE MATERIAL REGULATIONS
TABLE OF CONTENTS
Interpretation
1 Hazardous Waste
2 Hazardous Recyclable Material
3 Transportation of Dangerous Goods Regulations
4 Definitions
PART 1
5 Application
6-7 Notice Procedure
8 Content of Notice
PART 2
9 Conditions
10-14 Movement Document
PART 3
15 Department of National Defence Exemption
16 Conditions
17-21 Movement Document
PART 4
22 Conditions
23-27 Movement Document - Transits Through Canada
28-32 Movement Document - Transits Through a Country Other than Canada
PART 5
33 Application
34 Returns to Canada
35 Returns to the Country of Export
PART 6
36 Confirmation of Disposal or Recycling
37 Liability Insurance
38 Export Reduction Plans
39 Environmentally Sound Management
40 Consequential Amendment
Schedule 1 |
Disposal Operations for Hazardous Waste |
Schedule 2 |
Recycling Operations for Hazardous Recyclable Material
|
Schedule 3 |
Hazardous Wastes and Hazardous Recyclable Materials
|
Schedule 4 |
Part 1 |
Hazardous Wastes and Hazardous Recyclable Materials from
Non-Specific Sources |
|
Part 2 |
Hazardous Wastes and Hazardous Recyclable Materials from
Specific Sources |
Schedule 5 |
Environmentally Hazardous Substances |
Schedule 6 |
Hazardous Constituents Controlled under Leachate Test
and Regulated Limits |
Schedule 7 |
Part 1 |
Acute Hazardous Waste and Hazardous Recyclable Material
Chemicals |
|
Part 2 |
Hazardous Waste and Hazardous Recyclable Material Chemicals |
Schedule 8 |
Excluded Materials |
Schedule 9 |
Movement Document |
Schedule 10 |
Persistent Organic Pollutants |
|
EXPORT AND IMPORT OF HAZARDOUS WASTE AND
HAZARDOUS RECYCLABLE MATERIAL REGULATIONS |
|
DEFINITIONS AND INTERPRETATION |
Definition of "hazardous waste" |
1. (1) In Division 8 of Part 7 and Part 10 of the
Act and in these Regulations, "hazardous waste" means anything that
is intended to be disposed of using one of the operations set out
in Schedule 1 and that
(a) is set out in column 2 of Schedule 3;
(b) is included in at least one of Classes 2 to 6, 8 or 9
of the Transportation of Dangerous Goods Regulations;
(c) is set out in column 2 of Schedule 4 and is included
in at least one of Classes 2 to 6, 8 or 9 of the Transportation
of Dangerous Goods Regulations;
(d) is set out in column 1 of Schedule 5 in a concentration
equal to or greater than the applicable concentration set out in column
2 of that Schedule;
(e) produces a leachate containing a constituent set out
in column 2 of Schedule 6 in a concentration equal to or greater than
the applicable concentration set out in column 3 of that Schedule,
determined in accordance with Method 1311, Toxicity Characteristic
Leaching Procedure, July 1992, in Test Methods for Evaluating
Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods,
Third Edition, SW-846, November 1986, published by the United States
Environmental Protection Agency, which, for the purposes of this definition,
shall be read without reference to section 7.1.3;
(f) is set out in column 2 of Schedule 7, is pure or is the
only active ingredient, and is unused; or
(g) according to information that Canada has received from
the United States or in accordance with the Convention, is considered
or defined as hazardous under the legislation of the country receiving
it and is prohibited by that country from being imported or conveyed
in transit. |
Exclusion |
(2) The definition "hazardous waste" in subsection (1) does not
include anything that is
(a) exported, imported or conveyed in transit in a quantity
of less than 5 kg or 5 L per shipment or, in the case of mercury,
in a quantity of less than 50 mL per shipment, other than anything
that is included in Class 6.2 of the Transportation of Dangerous
Goods Regulations;
(b) collected from households in the course of regular municipal
waste collection services; or
(c) part of the exporter's or importer's personal effects
or household effects not resulting from commercial use. |
Definition of "hazardous recyclable material" |
2. (1) In Division 8 of Part 7 and Part 10 of the
Act and in these Regulations, "hazardous recyclable material" means
anything that is intended to be recycled using one of the operations
set out in Schedule 2 and that
(a) is set out in column 2 of Schedule 3;
(b) is included in at least one of Classes 2 to 6, 8 or 9
of the Transportation of Dangerous Goods Regulations;
(c) is set out in column 2 of Schedule 4 and is included
in at least one of Classes 2 to 6, 8 or 9 of the Transportation
of Dangerous Goods Regulations;
(d) is set out in column 1 of Schedule 5 in a concentration
equal to or greater than the applicable concentration set out in column
2 of that Schedule;
(e) produces a leachate containing a constituent set out
in column 2 of Schedule 6 in a concentration equal to or greater than
the applicable concentration set out in column 3 of that Schedule,
determined in accordance with Method 1311, Toxicity Characteristic
Leaching Procedure, July 1992, in Test Methods for
Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical
Methods, Third Edition, SW-846, November 1986, published by the
United States Environmental Protection Agency, which, for the purposes
of this definition, shall be read without reference to section 7.1.3;
(f) is set out in column 2 of Schedule 7, is pure or is the
only active ingredient, and is unused; or
(g) according to information that Canada has received from the United
States or in accordance with the Convention, is considered or defined
as hazardous under the legislation of the country receiving it and
is prohibited by that country from being imported or conveyed in transit.
|
Exclusion |
(2) The definition "hazardous recyclable material" in subsection
(1) does not include anything that is
(a) exported, imported or conveyed in transit in a quantity
of less than 5 kg or 5 L per shipment or, in the case of mercury,
in a quantity of less than 50 mL per shipment, other than anything
that is included in Class 6.2 of the Transportation of Dangerous
Goods Regulations;
(b) collected from households in the course of regular municipal
waste collection services;
(c) part of the exporter's or importer's personal effects
or household effects not resulting from commercial use;
(d) exported to, imported from, or conveyed in transit through
a country that is a party to OECD Decision C(2001)107/Final and that
(i) is in a quantity of 25 kg
or 25 L or less,
(ii) is exported or imported for the purpose of conducting measurements,
tests or research with respect to the recycling of that material,
(iii) is accompanied by a shipping document, as defined in section
1.4 of the Transportation of Dangerous Goods Regulations,
that includes the name and address of the exporter or importer and
the words "test samples" or "échantillons d'épreuve",
and
(iv) is not and does not contain an infectious substance as defined
in section 1.4 of the Transportation of Dangerous Goods Regulations;
or
(e) exported to, imported from, or conveyed in transit through
a country that is a party to OECD Decision C(2001)107/Final and that
(i) is set out in Schedule 8,
(ii) produces a leachate containing a constituent set out in column
2 of Schedule 6 in a concentration equal to or greater than the
applicable concentration set out in column 3 of that Schedule, determined
in accordance with Method 1311, Toxicity Characteristic Leaching
Procedure, July 1992, in Test Methods for Evaluating Solid
Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods,
Third Edition, SW-846, November 1986, published by the United
States Environmental Protection Agency, which, for the purposes
of this definition, shall be read without reference to section 7.1.3,
and
(iii) is intended to be recycled at an authorized facility in the
country of import using one of the operations set out in Schedule
2. |
Transportation of Dangerous Goods Regulations |
3. For the purposes of sections 1 and 2, references
to the Transportation of Dangerous Goods Regulations shall
be read as follows:
(a) the reference to "public safety" in subparagraph 2.43(b)(i)
shall be read as a reference to "the environment and human health";
and
(b) subparagraph 2.43(b)(i) shall be read without
reference to "during transport". |
Definitions |
4. The following definitions apply in Division
8 of Part 7 of the Act and in these Regulations. |
"Act" « Loi » |
"Act" means the Canadian Environmental Protection Act, 1999. |
"authorities of the country" « autorités
du pays » |
"authorities of the country" means the competent authorities designated
in the Compilation of Country Fact Sheets (CFS), Basel Convention
Series No. 01/04, as amended from time to time, and the United States
Environmental Protection Agency. |
"authorized carrier" « transporteur agréé » |
"authorized carrier" means a carrier that is authorized by the authorities
of the jurisdiction in which the waste or material is transported,
to transport the hazardous waste or hazardous recyclable material
that is to be exported, imported or conveyed in transit. |
"authorized facility" « installation agréée » |
"authorized facility" means a facility that is authorized by the
authorities of the jurisdiction in which the facility is located to
(a) dispose of the hazardous waste being exported or imported
using an operation set out in Schedule 1; or
(b) recycle the hazardous recyclable material being exported
or imported using an operation set out in Schedule 2. |
"Canada-USA Agreement" « accord Canada -
États-Unis » |
"Canada-USA Agreement" means the Agreement between the Government
of Canada and the Government of the United States of America Concerning
the Transboundary Movement of Hazardous Waste, which entered into
force on November 8, 1986, as amended from time to time. |
"Convention" « Convention » |
"Convention" means the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, which entered into
force on May 5, 1992. |
"foreign exporter" « expéditeur étranger » |
"foreign exporter" means the person who exports hazardous waste
or hazardous recyclable material from a country other than Canada. |
"foreign receiver" « destinataire étranger » |
"foreign receiver" means the person who imports hazardous waste
or hazardous recyclable material into a country other than Canada. |
"movement document" « document de mouvement » |
"movement document" means the form set out in Schedule 9. |
"notice" « notification » |
"notice" means the notice of export, import or transit referred
to in paragraph 185(1)(a) of the Act. |
"OECD Decision C(94)152/Final" « décision C(94)152/Final de l'OCDE » |
"OECD Decision C(94)152/Final" means Decision C(88)90/Final of the
Organization for Economic Co-operation and Development, Decision
of the Council on Transfrontier Movements of Hazardous Wastes,
dated May 27, 1988, as amended by Decision C(94)152/Final, Decision
of the Council Amending the Decision on Transfrontier Movements of
Hazardous Wastes, dated July 28, 1994. |
"OECD Decision C(2001)107/Final"
« décision C(2001)107/Final de l'OCDE » |
"OECD Decision C(2001)107/Final" means Decision C(2001)107/Final
of the Organization for Economic Co-operation and Development, Decision
of the Council Concerning the Revision of Decision C(92)39/FINAL on
the Control of Transboundary Movements of Wastes Destined for Recovery
Operations, dated May 21, 2002. |
"permit" « permis » |
"permit" means the export, import or transit permit referred to
in paragraph 185(1)(b) of the Act. |
"registration number" « numéro d'immatriculation » |
"registration number" means the number assigned by a province or
country indicating the authority to undertake an activity with respect
to a hazardous waste or hazardous recyclable material. |
|
PART 1 |
|
NOTICE |
|
Application |
Application |
5. This Part applies to the export, import and
transit of hazardous waste and hazardous recyclable material other
than returns of that waste or material under Part 5. |
|
Notice Procedure |
Notice reference number |
6. The Minister shall provide a notice reference
number to any person who requests one for the purpose of submitting
a notice. |
Delivery of notice |
7. (1) The person that proposes to export, import
or convey in transit a hazardous waste or hazardous recyclable material
must submit a notice to the Minister in writing within 12 months before
the export, import or transit. |
Separate notices |
(2) In the case of an export or import, the notice must not include
both hazardous waste and hazardous recyclable material. |
Notice for multiple hazardous wastes or hazardous recyclable materials |
(3) The notice may provide for more than one hazardous waste or
more than one hazardous recyclable material, as the case may be, if
they
(a) are to be shipped (i)
to the same authorized facility at the same location,
(ii) through the same port of exit or the same port of entry, and
(iii) within the same 12-month period;
(b) are to be reported to the same customs office;
(c) originate from the same person and the same facility;
and
(d) in the case of an export or import, have essentially
the same physical and chemical characteristics. |
Language |
(4) In the case of an export or a transit where the French or English
language is not acceptable to the authorities of the country of import
or transit, the person who submits the notice must submit it in the
French or English language and in a language used by those authorities. |
Application for permit |
(5) The notice shall serve as an application for
a permit. |
New notice |
(6) A person must submit a new notice to the Minister if there is
a change to any of the information contained in the permit, except
that the person who submitted the notice may advise the Minister in
writing of a change to quantity of hazardous waste or hazardous recyclable
material or the number of shipments, or may add authorized carriers,
ports of exit or entry or customs offices. |
|
Content of Notice |
Content |
8. The person who submits the
notice must include the following information in the notice:
(a) the notice reference number provided by the Minister
under section 6;
(b) the name, registration number, civic, mailing and electronic
addresses and telephone and facsimile numbers of, and the name of
the contact person for, (i) the
person submitting the notice,
(ii) the foreign receiver or the foreign exporter, as the case may
be,
(iii) the facility from which the hazardous waste or hazardous recyclable
material will be shipped,
(iv) the authorized carriers that will transport the hazardous waste
or hazardous recyclable material, and
(v) all authorized facilities that will receive the hazardous waste
or hazardous recyclable material;
(c) all modes of transport that will be used;
(d) the proposed number of shipments;
(e) the port of exit or the port of entry through which the
export or import will take place, as the case may be and, in the case
of a transit, the port of exit and entry through which the transit
will take place;
(f) the customs office at which the hazardous waste or hazardous
recyclable material is to be reported, if applicable;
(g) the proposed date of the first and last shipments or,
in the case of a transit, the proposed dates of entry of the first
shipment and exit of the last shipment;
(h) the name of each insurance company and the policy number
for each insurance policy required under these Regulations;
(i) the countries of transit through which the hazardous
waste or hazardous recyclable material will be conveyed and the length
of time it will be in each country of transit;
(j) the following information with respect to each hazardous
waste or hazardous recyclable material, namely, (i)
the International Waste Identification Code under OECD Decision
C(94)152/Final, substituting the disposal or recycling code with
the disposal or recycling code set out in column 1 of Schedule 1
or 2 to these Regulations for the applicable operation set out in
column 2 of that Schedule and, if the hazardous waste or hazardous
recyclable material is a gas, substituting the letter G for the
letter L, P or S in the International Waste Identification Code,
(ii) for hazardous waste, or for hazardous recyclable material that
will be exported to, imported from or transited through a country
that is not a party to OECD Decision C(2001)107/
Final, the applicable code set out in List A of Annex VIII of the
Convention, as amended from time to time,
(iii) for hazardous recyclable material that will be exported to,
imported from or transited through a country that is a party to
OECD Decision C(2001)107/Final, the applicable code set out in Part
II of Appendix 4 to that Decision,
(iv) the tariff item and the statistical suffix set out in the Customs
Tariff Departmental Consolidation, published by the Canada
Border Services Agency, as amended from time to time,
(v) the applicable identification number set out in column 1 of
Schedule 3, 4 or 7 for the hazardous waste or hazardous recyclable
material set out in column 2 of that Schedule, or the applicable
hazardous constituent code number set out in column 1 of Schedule
6 for the hazardous constituent set out in column 2 of that Schedule,
(vi) the following information set out in the applicable schedules
to the Transportation of Dangerous Goods Regulations, namely,
(A) the applicable UN number set out
in column 1 of Schedule 1 or column 5 of Schedule 3,
(B) the applicable class set out in column 3 of Schedule 1 or the
primary class set out in column 4 of Schedule 3, and
(C) the applicable packing group and risk group set out in column
4 of Schedule 1,
(vii) the total quantity in kilograms
or litres of each hazardous waste or hazardous recyclable material,
(viii) the applicable disposal or recycling code set out in column
1 of Schedule 1 or 2 for every applicable operation set out in column
2 of that Schedule, and the name and description of the processes
to be employed with respect to those operations, and
(ix) in the case of an export, the options considered for reducing
or phasing out the export of the hazardous waste and the reason
that the final disposal is taking place outside Canada;
(k) the name, quantity and concentration of any persistent
organic pollutant set out in column 2 of Schedule 10 that is contained
in the hazardous waste or hazardous recyclable material, if the concentration
is equal to or greater than the concentration set out in column 3;
(l) distinct line item numbers for each hazardous waste or
hazardous recyclable material;
(m) in the case of an export or import, a copy of the contract
or series of contracts, excluding financial information, or the statement
referred to in paragraph 9(f) or 16(e); and
(n) a statement signed and dated by the person submitting
the notice indicating that (i)
in the case of an export or import, the contract or series of contracts
referred to in paragraph 9(f) or 16(e) is in force,
(ii) in the case of an export or import, if the hazardous waste
cannot be disposed of or the hazardous recyclable material cannot
be recycled in accordance with the export or import permit, the
exporter or importer will implement the alternative arrangements
required under Part 5 or, if alternative arrangements cannot be
made, the exporter or importer will return the waste or material
to the facility from which it originated in accordance with section
34 or 35,
(iii) the insurance policy referred to in section 37 will cover
the period referred to in that section, and
(iv) the information in the notice is complete and correct. |
|
PART 2 |
|
EXPORT |
|
Conditions |
Conditions of export |
9. An exporter may export hazardous waste and hazardous
recyclable material if
(a) at the time of the export (i)
the export is not prohibited under the laws of Canada,
(ii) the country of import is a party to the Convention, the Canada-USA
Agreement or OECD Decision C(2001)107/Final and the import of the
hazardous waste or hazardous recyclable material is not prohibited
by that country, and
(iii) the country of transit does not prohibit the transit of the
hazardous waste or hazardous recyclable material;
(b) the hazardous waste or hazardous recyclable material
is not to be disposed of or recycled south of 60° south latitude;
(c) in the case of biomedical wastes set out in column 2
of Schedule 3 or anything that is included in Class 6.2 of the Transportation
of Dangerous Goods Regulations, the export is only for the purposes
of disposal;
(d) the exporter is a resident of Canada or, in the case
of a corporation, has a place of business in Canada;
(e) the exporter (i)
is the owner or operator of the facility from which the hazardous
waste or hazardous recyclable material is exported, or
(ii) buys and sells hazardous recyclable material for the purposes
of recycling and exports it to a country that is a party to OECD
Decision C(2001)107/Final;
(f) there is a signed, written contract or a series of contracts
among the exporter, the foreign receiver and the authorized facilities
or, if any of those persons are the same legal entity, a written statement
signed by that entity, that (i)
describes the hazardous waste or hazardous recyclable material,
(ii) sets out the quantity of hazardous waste or hazardous recyclable
material to be exported,
(iii) indicates that the hazardous waste will be disposed of, or
the hazardous recyclable material will be recycled, in accordance
with the export permit,
(iv) describes the operation set out in Schedule 1 or 2 that will
be used,
(v) requires the foreign receiver to complete Part C of the movement
document, or authorizes the exporter to complete Part C on the foreign
receiver's behalf if the waste or material is not considered or
defined as hazardous under the legislation of the country of import,
and to provide a copy of the movement document and a copy of the
export permit to the exporter on delivery of the hazardous waste
or hazardous recyclable material to the authorized facility, and
(vi) requires the foreign receiver
(A) to complete the disposal of the
hazardous waste or recycling of the hazardous recyclable material
within the time set out in paragraph (o),
(B) to submit written confirmation to the exporter of the disposal
of the hazardous waste or recycling of the hazardous recyclable
material within 30 days after the day on which the disposal or recycling
is completed, and
(C) to take all practicable measures to assist the exporter in fulfilling
the terms of the exporter's obligations under these Regulations
if delivery is not accepted by the authorized facility named in
the export permit, or if the authorized facility cannot, or refuses
to, dispose of the hazardous waste or recycle the hazardous recyclable
material in accordance with the export permit;
(g) the exporter and the authorized carrier if other than
Her Majesty in right of Canada or of a province are insured in accordance
with section 37;
(h) the hazardous waste or hazardous recyclable material
is transported by the authorized carriers named in the export permit;
(i) the applicable safety mark is displayed on each shipment
of hazardous waste or hazardous recyclable material in accordance
with Part 4 of the Transportation of Dangerous Goods Regulations;
(j) the hazardous waste or hazardous recyclable material
is exported through the port of exit named in the export permit;
(k) the quantity of hazardous waste or hazardous recyclable
material exported does not exceed the quantity set out in the export
permit;
(l) a copy of the export permit and a copy of the movement
document completed in accordance with sections 11 to 13 (i)
accompanies the hazardous waste or hazardous recyclable material,
and
(ii) is deposited by the exporter or the authorized carrier at the
customs office at which the hazardous waste or hazardous recyclable
material is to be reported under section 95 of the Customs Act;
(m) the hazardous waste is disposed of, or the hazardous
recyclable material is recycled, at the authorized facility named
in the export permit using the disposal or recycling operation set
out in the export permit;
(n) after operation D13, D14 or D17 of Schedule 1 or operation
R12, R13 or R16 of Schedule 2 is completed, the hazardous waste is
disposed of, or the hazardous recyclable material is recycled, at
an authorized facility using an operation set out in Schedule 1 or
2 other than operation D13, D14 or D17 or R12, R13 or R16;
(o) in the case of operation D13, D14 or D17 of Schedule
1 or operation R12, R13 or R16 of Schedule 2, the operation is completed
within 180 days, or in all other cases, within one year, after the
day on which the hazardous waste or hazardous recyclable material
is accepted by the authorized facility, unless the authorities of
the jurisdiction in which the authorized facility is located require
shorter time periods, in which case those time periods apply; and
(p) in the event that the hazardous waste or hazardous recyclable
material is exported but is not accepted by the authorized facility
named in the export permit, or if the authorized facility cannot,
or refuses to, dispose of or recycle it in accordance with the export
permit, the exporter (i) immediately
notifies the Minister, the foreign receiver and the authorities
of the country of import of the non-acceptance or refusal and the
reason for it,
(ii) if necessary, stores the hazardous waste or hazardous
recyclable material in a facility authorized to store the waste
or material by the authorities of the jurisdiction in which the
facility is located, and
(iii) within 90 days after the day on which the Minister is notified,
makes arrangements to return the hazardous waste or hazardous recyclable
material to the facility in Canada from which it was shipped in
accordance with section 34 or makes arrangements for the disposal
of the waste or the recycling of the material in the country of
import at an authorized facility other than the one named in the
export permit and provides the Minister with the name and address
of that facility and the name of a contact person. |
|
Movement Document |
Movement document reference number |
10. The Minister shall provide a movement document
reference number to an exporter who requests one for the purpose of
completing a movement document. |
Exporter |
11. (1) Prior to shipping the hazardous waste or
hazardous recyclable material, the exporter must complete Part A of
a movement document, indicate the movement document reference number
and provide a copy of the movement document and a copy of the export
permit to the first authorized carrier. |
First authorized carrier |
(2) Immediately on receipt of the movement document, the first authorized
carrier must complete Part B of the movement document and provide
a copy to the exporter. |
Copy of movement document |
(3) Within three working days after the day on which the hazardous
waste or hazardous recyclable material is shipped, the exporter must
send a copy of the movement document completed in accordance with
subsections (1) and (2) to
(a) the Minister; and
(b) the authorities of the province of export, if they require
it. |
Authorized carriers |
(4) Every authorized carrier that transports the hazardous waste
or hazardous recyclable material must complete Part B of the movement
document and provide it and a copy of the export permit to the next
authorized carrier or the foreign receiver, as the case may be, on
delivery of the waste or material to that carrier or the foreign receiver. |
Exporter |
(5) The exporter must ensure that
(a) every authorized carrier that transports the hazardous
waste or hazardous recyclable material completes Part B of the movement
document; and
(b) the foreign receiver completes Part C of the movement
document, unless the exporter is authorized to do so on the foreign
receiver's behalf under the contract referred to in paragraph 9(f). |
Copy of movement document |
(6) Within three working days after the day on which the hazardous
waste or hazardous recyclable material is delivered to the authorized
facility, the exporter must send a copy of the completed movement
document to
(a) the Minister;
(b) the authorities of the province of export, if they require
it; and
(c) every authorized carrier of the hazardous waste or hazardous
recyclable material. |
Rail consist |
12. In the case of hazardous waste or hazardous
recyclable material that is transported by rail, the movement document
may be replaced by a rail consist if it contains all of the information
contained in the movement document. |
Unit of measure |
13. The exporter must ensure that the quantity
of hazardous waste or hazardous recyclable material indicated in the
movement document is in the same unit of measure as is used in the
export permit. |
Retention of movement document |
14. The exporter and every authorized carrier must
keep a copy of the movement document at their principal place of business
in Canada for a period of three years after the day on which the hazardous
waste or hazardous recyclable material is exported. |
|
PART 3 |
|
IMPORT |
|
Department of National Defence Exemption |
Exemption |
15. This Part does not apply to the Department
of National Defence if the hazardous waste or hazardous recyclable
material is
(a) generated by that Department in the course of an operation
conducted by it outside Canada;
(b) transported from the site of operation to a defence establishment
as defined in subsection 2(1) of the National Defence Act;
and
(c) transported under the sole direction or control of the
Minister of National Defence as described in section 1.20 of the Transportation
of Dangerous Goods Regulations, as though the hazardous waste
or hazardous recyclable material is a dangerous good under those Regulations. |
|
Conditions |
Conditions of import |
16. An importer may import hazardous waste or hazardous
recyclable material if
(a) at the time of the import (i)
the import is not prohibited under the laws of Canada,
(ii) the country of export is a party to the Convention, the Canada-USA
Agreement or OECD Decision C(2001)107/Final, and
(iii) the country of transit does not prohibit the transit of the
hazardous waste or hazardous recyclable material;
(b) in the case of biomedical wastes set out in column 2
of Schedule 3 or anything that is included in Class 6.2 of the Transportation
of Dangerous Goods Regulations, the import is only for the purposes
of disposal;
(c) the importer is a resident of Canada or, in the case
of a corporation, has a place of business in Canada;
(d) the importer (i)
is the owner or operator of the authorized facility named in the
import permit, or
(ii) buys and sells hazardous recyclable material for the purposes
of recycling;
(e) there is a signed, written contract or a series of contracts
among the importer, the foreign exporter and the authorized facilities
or, if any of those persons are the same legal entity, a written statement
signed by that entity, that (i)
describes the hazardous waste or hazardous recyclable material,
(ii) sets out the quantity of hazardous waste or hazardous recyclable
material to be imported,
(iii) indicates that the hazardous waste will be disposed of, or
the hazardous recyclable material will be recycled, in accordance
with the import permit,
(iv) describes the operation set out in Schedule 1 or 2 that will
be used,
(v) requires the foreign exporter to complete Part A of the movement
document, or authorizes the importer to complete Part A on the foreign
exporter's behalf if the waste or material is not considered or
defined as hazardous under the legislation of the country of export,
and to provide a copy of it and a copy of the import permit to the
first authorized carrier prior to the shipment of the hazardous
waste or hazardous recyclable material,
(vi) requires the foreign exporter
(A) to send a copy of the movement
document to the importer once Part A is completed by the foreign
exporter, Part B is completed by the first authorized carrier and
the hazardous waste or hazardous recyclable material has been shipped,
and
(B) to take all practicable measures to assist the importer in fulfilling
the terms of the importer's obligations under these Regulations
if delivery is not accepted by the authorized facility named in
the import permit, or if the authorized facility cannot, or refuses
to, dispose of the hazardous waste or recycle the hazardous recyclable
material in accordance with the import permit;
(f) the importer and the authorized carrier if other than
Her Majesty in right of Canada or of a province are insured in accordance
with section 37;
(g) the hazardous waste or hazardous recyclable material
is transported by the authorized carriers named in the import permit;
(h) the applicable safety mark is displayed on each shipment
of hazardous waste or hazardous recyclable material in accordance
with Part 4 of the Transportation of Dangerous Goods Regulations;
(i) the hazardous waste or hazardous recyclable material
is imported through the port of entry named in the import permit;
(j) the quantity of hazardous waste or hazardous recyclable
material imported does not exceed the quantity set out in the import
permit;
(k) a copy of the import permit and a copy of the movement
document completed in accordance with sections 18 to 20 (i)
accompanies the hazardous waste or hazardous recyclable material,
and
(ii) is deposited by the importer or the authorized carrier at the
customs office at which the hazardous waste or hazardous recyclable
material is to be reported under section 12 of the Customs Act;
(l) the hazardous waste is disposed of, or the hazardous
recyclable material is recycled, at the authorized facility named
in the import permit using the disposal or recycling operation set
out in the import permit;
(m) after operation D13, D14 or D17 of Schedule 1 or operation
R12, R13 or R16 of Schedule 2 is completed, the hazardous waste is
disposed of, or the hazardous recyclable material is recycled, at
an authorized facility using an operation set out in Schedule 1 or
2, other than operation D13, D14 or D17 or R12, R13 or R16;
(n) in the case of operations D13, D14 or D17 of Schedule
1 or operation R12, R13 or R16 of Schedule 2, the operation is completed
within 180 days, or in all other cases, within one year, after the
day on which the hazardous waste or hazardous recyclable material
is accepted by the authorized facility, unless the laws of the jurisdiction
in which the authorized facility is located requires shorter time
periods, in which case those time periods apply; and
(o) in the event that the hazardous waste or hazardous recyclable
material is imported but is not accepted by the authorized facility
named in the import permit, or if the authorized facility cannot,
or refuses to, dispose of the waste or recycle the material in accordance
with the permit, the importer (i)
immediately notifies the Minister, the foreign exporter and the
authorities of the country of export of the non-acceptance or refusal
and the reason for it,
(ii) if necessary, stores the hazardous waste or hazardous
recyclable material at a facility authorized to store the waste
or material by the authorities of the jurisdiction in which the
facility is located,
(iii) within 90 days after the day on which the Minister is notified,
(A) makes arrangements to dispose
of the hazardous waste or recycle the hazardous recyclable material
in Canada at an authorized facility other than the one named in
the import permit and advises the Minister of the name and address
of the facility and the name of a contact person, or
(B) makes arrangements to return the hazardous waste or hazardous
recyclable material to the facility from which it was exported in
accordance with section 35, and
(iv) before shipping the hazardous
waste or hazardous recyclable material to the authorized facility
referred to in clause (iii)(A), receives confirmation from the Minister
that the facility is an authorized facility. |
|
Movement Document |
Movement document reference number |
17. The Minister shall provide a movement document
reference number to an importer who requests one for the purpose of
completing a movement document. |
Importer prior to import |
18. (1) Prior to importing the hazardous waste
or hazardous recyclable material, the importer shall provide the foreign
exporter with a copy of the movement document indicating the movement
document reference number and a copy of the import permit. |
Importer at time of import |
(2) At the time of the import of the hazardous waste or hazardous
recyclable material, the importer must ensure that
(a) the foreign exporter has completed Part A of the movement
document unless the importer is authorized to do so on the foreign
exporter's behalf under the contract referred to in paragraph 16(e);
(b) the foreign exporter has provided a copy of the movement
document and a copy of the import permit to the first authorized carrier;
and
(c) the first authorized carrier has completed Part B of
the movement document and has provided a copy to the foreign exporter. |
Copy of movement document |
(3) Within three working days after the day on which the importer
receives a copy of the movement document with Parts A and B completed
in accordance with subsection (2), the importer must send a copy of
it to
(a) the Minister; and
(b) the authorities of the province of import, if they require
it. |
Authorized carriers |
(4) Every authorized carrier that transports the hazardous waste
or hazardous recyclable material must complete Part B of the movement
document and provide it and a copy of the import permit to the next
authorized carrier or the importer, as the case may be, on delivery
of the waste or material to that carrier or the importer. |
Importer |
(5) The importer must ensure that every authorized carrier that
transports the hazardous waste or hazardous recyclable material completes
Part B of the movement document. |
Copy of movement document |
(6) Within three working days after the day on which the hazardous
waste or hazardous recyclable material is delivered to the authorized
facility, the importer must complete Part C of the movement document
and must send a copy of the completed movement document to
(a) the Minister;
(b) the authorities of the province of import, if they require
it;
(c) the foreign exporter; and
(d) every authorized carrier of the hazardous waste or hazardous
recyclable material. |
Rail consist |
19. In the case of hazardous waste or hazardous
recyclable material that is transported by rail, the movement document
may be replaced by a rail consist if it contains all of the information
contained in the movement document. |
Unit of measure |
20. The importer must ensure that the quantity
of hazardous waste or hazardous recyclable material indicated in the
movement document is in the same unit of measure as is used in the
import permit. |
Retention of movement document |
21. The importer and every authorized carrier must
keep a copy of the movement document at their principal place of business
in Canada for a period of three years after the date of import. |
|
PART 4 |
|
TRANSIT |
|
Conditions |
Conditions of transit |
22. A person may convey hazardous waste or hazardous
recyclable material in transit if
(a) at the time of transit, the export or import of the hazardous
waste or hazardous recyclable material is not prohibited under the
laws of Canada or the laws of the country of transit;
(b) the hazardous waste or hazardous recyclable material
is transported by the authorized carriers named in the transit permit;
(c) the applicable safety mark is displayed on each shipment
of hazardous waste or hazardous recyclable material in accordance
with Part 4 of the Transportation of Dangerous Goods Regulations;
(d) the hazardous waste or hazardous recyclable material
is exported and imported through the port of entry and port of exit
named in the transit permit;
(e) the quantity of hazardous waste or hazardous recyclable
material conveyed in transit does not exceed the quantity set out
in the transit permit;
(f) in the case of a transit through Canada, the authorized
carrier if other than Her Majesty in right of Canada or of a province
is insured in accordance with section 37;
(g) in the case of a transit through a country other than
Canada, the exporter and importer if other than Her Majesty in right
of Canada or of a province are insured in accordance with section
37;
(h) in the case of a transit through Canada, the country
of export has provided the Minister with written confirmation that
the country of import and any countries through which the hazardous
waste or hazardous recyclable material will be transited after it
has left Canada, has consented to the proposed import into or transit
through that country; and
(i) a copy of the transit permit and a copy of the movement
document completed in accordance with sections 25 and 26, or 30 and
31, as the case may be, (i) accompanies
the hazardous waste or hazardous recyclable material, and
(ii) is deposited by the exporter, importer or authorized carrier
at the customs office at which the hazardous waste or hazardous
recyclable material is to be reported under sections 12 and 95 of
the Customs Act. |
|
Movement Document Transits Through Canada |
Application |
23. Sections 24 to 27 apply to the transit of hazardous
waste and hazardous recyclable material through Canada. |
Movement document reference number |
24. The Minister shall provide a movement document
reference number to any person who requests one for the purpose of
completing a movement document. |
Authorized carrier |
25. (1) At the time the hazardous waste or hazardous
recyclable material enters Canada, the authorized carrier must ensure
that the foreign exporter has completed Part A of a movement document
and that the movement document reference number provided by the Minister
is indicated on the movement document. |
Authorized carriers |
(2) Every authorized carrier that transports the hazardous waste
or hazardous recyclable material must complete Part B of the movement
document and provide it and a copy of the transit permit to the next
authorized carrier on delivery of the waste or material to that carrier. |
Copy of movement document |
(3) Within three working days after the day on which the hazardous
waste or hazardous recyclable material exits Canada, the authorized
carrier that transports the waste or material out of Canada must send
a copy of the movement document completed in accordance with subsections
(1) and (2) to the Minister. |
Rail consist |
26. In the case of hazardous waste or hazardous
recyclable material that is transported by rail, the movement document
may be replaced by a rail consist if it contains all of the information
contained in the movement document. |
Retention of movement document |
27. If the authorized carrier has a place of business
in Canada, the authorized carrier must keep a copy of the movement
document at their principal place of business in Canada for a period
of three years after the day on which the hazardous waste or hazardous
recyclable material exits Canada. |
|
Movement Document Transits Through a Country
Other than Canada |
Application |
28. Sections 29 to 32 apply to the transit of hazardous
waste and hazardous recyclable material where Canada is the country
of origin and the country of destination. |
Movement document reference number |
29. The Minister shall provide a movement document
reference number to any exporter who requests one for the purpose
of completing a movement document. |
Exporter |
30. (1) At the time the hazardous waste or hazardous
recyclable material exits Canada, the exporter must complete Part
A of a movement document, indicate the movement document reference
number provided by the Minister and provide a copy of the movement
document and a copy of the transit permit to the first authorized
carrier. |
First authorized carrier |
(2) Immediately on receipt of the movement document, the first authorized
carrier must complete Part B of the movement document and provide
a copy to the exporter. |
Copy of movement document |
(3) Within three working days after the day on which the hazardous
waste or hazardous recyclable material exits Canada, the exporter
must send a copy of the movement document completed in accordance
with subsections (1) and (2) to
(a) the Minister; and
(b) the authorities of the province of export, if they require
it. |
Other authorized carriers |
(4) Every authorized carrier that transports the hazardous waste
or hazardous recyclable material must complete Part B of the movement
document and provide it and a copy of the transit permit on delivery
of the waste or material to the next carrier or the importer, as the
case may be. |
Exporter |
(5) The exporter must ensure that Part B of the movement document
is completed by every authorized carrier that transports the hazardous
waste or hazardous recyclable material. |
Copy of movement document |
(6) Within three working days after the day on which the hazardous
waste or hazardous recyclable material is delivered to the authorized
facility, the importer must complete Part C of the movement document
and must send a copy of the completed movement document to
(a) the Minister;
(b) the authorities of the province of import, if they require
it;
(c) the exporter; and
(d) every authorized carrier of the hazardous waste or hazardous
recyclable material. |
Rail consist |
31. In the case of hazardous waste or hazardous
recyclable material that is transported by rail, the movement document
may be replaced by a rail consist if it contains all of the information
contained in the movement document. |
Retention of movement document |
32. The exporter, the importer and every authorized
carrier must keep a copy of the movement document at their principal
place of business in Canada for a period of three years after the
day on which the hazardous waste or hazardous recyclable material
is imported. |
|
PART 5 |
|
RETURNS |
|
Application |
Returns |
33. This Part applies to the return of hazardous
waste or hazardous recyclable material to
(a) Canada after it has been exported from Canada; and
(b) the country of export after it has been imported into
Canada. |
|
Returns to Canada |
Notice |
34. (1) If the hazardous waste or hazardous recyclable
material is returned to Canada, the exporter that exported the waste
or material from Canada must submit a notice to the Minister in writing,
containing the following information:
(a) the name, civic, mailing and electronic addresses and
telephone and facsimile numbers of, and the name of the contact person
for, the exporter, the foreign receiver and any authorized carriers
that were not named in the original export permit;
(b) the name of each insurance company and the policy number
for each insurance policy required under these Regulations;
(c) the reason for the return;
(d) the quantity of hazardous waste or hazardous recyclable
material that will be returned using the same unit of measure as in
the original export permit;
(e) if the quantity of hazardous waste or hazardous recyclable
material to be returned is less than the quantity of waste or material
exported from Canada, the reason for the difference;
(f) the port of entry through which the return will take
place and the customs office at which the hazardous waste or hazardous
recyclable material will be reported;
(g) the notice reference number contained in the original
export permit; and
(h) the line item number contained in the original export
permit for the hazardous waste or hazardous recyclable material that
will be returned. |
Exporter |
(2) After an import permit is issued, the exporter must
(a) return the hazardous waste or hazardous recyclable material
to the facility from which it was exported, using the authorized carriers
and the port of entry named in the import permit;
(b) ensure that a copy of the import permit and a copy of
the movement document with Parts A and B completed, clearly indicating
that the hazardous waste or hazardous recyclable material is being
returned to Canada, (i) accompanies
the hazardous waste or hazardous recyclable material, and
(ii) is deposited at the customs office at which the hazardous waste
or hazardous recyclable material is to be reported under section
12 of the Customs Act; and
(c) submit a copy of the movement document referred to in
paragraph (b) to the Minister, every authorized carrier and
if they require it, to the authorities of the province of export. |
|
Returns to the Country of Export |
Notice returns to country of export |
35. (1) If the hazardous waste or hazardous recyclable
material is returned to the country of export, the importer that imported
the waste or material into Canada must submit a notice to the Minister
in writing, containing the following information:
(a) the name, civic, mailing and electronic addresses and
telephone and facsimile numbers of, and the name of the contact person
for, the importer, the foreign exporter and any authorized carriers
that were not named in the original import permit;
(b) the name of each insurance company and the policy number
for each insurance policy required under these Regulations;
(c) the reason for the return;
(d) the quantity of hazardous waste or hazardous recyclable
material that will be returned using the same unit of measure as in
the original import permit;
(e) if the quantity of hazardous waste or hazardous recyclable
material to be returned is less than the quantity of waste or material
imported into Canada, the reason for the difference;
(f) the port of entry through which the return will take
place and the customs office at which the hazardous waste or hazardous
recyclable material will be reported;
(g) the notice reference number contained in the original
import permit for the import of the hazardous waste or hazardous recyclable
material into Canada; and
(h) the line item number contained in the original import
permit for the hazardous waste or hazardous recyclable material that
will be returned. |
Importer's obligations |
(2) After an export permit is issued, the importer must
(a) return the hazardous waste or hazardous recyclable material
to the facility from which it was imported, using the authorized carriers
and the port of exit named in the export permit;
(b) ensure that a copy of the export permit and a copy of
the movement document with Parts B and C completed, clearly indicating
that the hazardous waste or hazardous recyclable material is being
returned to the country of export, (i)
accompanies the hazardous waste or hazardous recyclable material,
and
(ii) is deposited at the customs office at which the hazardous waste
or hazardous recyclable material is to be reported under section
95 of the Customs Act; and
(c) submit a copy of the movement document referred to in
paragraph (b) to the Minister, every authorized carrier and
if they require it, the authorities of the province of import. |
|
PART 6 |
|
MISCELLANEOUS MATTERS |
|
Confirmation of Disposal or Recycling |
Confirmation |
36. (1) Within 30 days after the day on which the
disposal of the hazardous waste or recycling of the hazardous recyclable
material is completed, the exporter or importer must provide the Minister
with a written, dated and signed confirmation indicating that the
waste has been disposed of or the material has been recycled
(a) in accordance with the export or import permit;
(b) in a manner that protects the environment and human health
against the adverse effects that may result from the waste or material;
and
(c) within the period referred to in paragraph 9(o) or 16(n). |
Mandatory reference |
(2) The exporter or importer must include the movement document
reference number and line item number for the applicable hazardous
waste or hazardous recyclable material referred to in subsection (1)
in the confirmation. |
Retention of confirmation |
(3) The exporter or importer must keep a copy of the confirmation
at their principal place of business in Canada for a period of three
years after the day on which it is submitted to the Minister. |
|
Liability Insurance |
Coverage |
37. (1) The liability insurance required by these
Regulations must be in respect of
(a) any damages to third parties for which the exporter,
importer or authorized carrier is responsible; and
(b) any costs imposed by law on the exporter, importer or
authorized carrier to clean up the environment in respect of any hazardous
waste or hazardous recyclable material that is released. |
Amount |
(2) The amount of liability insurance required in respect of each
export or import of hazardous waste or hazardous recyclable material
is
(a) for exporters or importers, at least $5,000,000 for hazardous
waste;
(b) for exporters or importers, at least $1,000,000 for hazardous
recyclable material; and
(c) for authorized carriers, the amount required by the laws
of the jurisdiction in which the hazardous waste or hazardous recyclable
material is transported. |
Coverage period |
(3) The insurance must cover liability arising
(a) in the case of an export from Canada, from the time the
hazardous waste or hazardous recyclable material leaves the exporter's
facility to the time an authorized facility, including an authorized
facility in Canada if the waste or material is returned to Canada
in accordance with section 34, accepts delivery of the waste for disposal
or the material for recycling;
(b) in the case of an import into Canada, from the time the
hazardous waste or hazardous recyclable material enters Canada to
the time an authorized facility in Canada accepts delivery of the
waste or material, or to the time the waste or material leaves Canada
for return to the country of export in accordance with section 35;
or
(c) if Canada is a country of transit, at any time during
the transit through Canada. |
|
Export Reduction Plans |
Content of plan |
38. (1) The plan referred to in subsection 188(1)
of the Act must contain
(a) the following information with respect to the hazardous
waste to which the plan applies, namely, (i)
the International Waste Identification Code under OECD Decision
C(94)152/Final, substituting the disposal code with the disposal
code set out in column 1 of Schedule 1 to these Regulations for
the applicable operation set out in column 2 of that Schedule and,
if the hazardous waste is a gas, substituting the letter G for the
letter L, P or S in the International Waste Identification Code,
(ii) the applicable code set out in List A of Annex VIII to the
Convention,
(iii) the identification number set out in column 1 of Schedule
3, 4 or 7, and
(iv) the following information set out in the applicable schedules
to the Transportation of Dangerous Goods Regulations, namely,
(A) the applicable UN number set out
in column 1 of Schedule 1 or column 5 of Schedule 3,
(B) the applicable class set out in column 3 of Schedule 1 or the
primary class set out in column 4 of Schedule 3, and
(C) the applicable packing group and risk group set out in column
4 of Schedule 1;
(b) the name, quantity and concentration of any persistent
organic pollutant set out in column 2 of Schedule 10 that is contained
in the hazardous waste referred to in the plan;
(c) if the exporter generates the hazardous waste referred
to in the plan, the name and a description of the process that generated
the waste and the activity in which that process is used;
(d) the origin of the hazardous waste if the exporter does
not generate the waste referred to in the plan;
(e) the quantity of hazardous waste exported at the start
of the implementation of the plan and the quantity of export reduction
to be achieved at each stage of the plan;
(f) a description of the manner in which the exporter will
reduce or phase out exports of the hazardous waste referred to in
the plan;
(g) the options considered for reducing or phasing out the
export of the hazardous waste referred to in the plan, including options
for disposing or recycling it in Canada;
(h) the stages of the plan and a schedule for implementing
the plan; and
(i) for each stage of the plan, an estimate of the quantity
of goods produced that generates the hazardous waste to which the
plan applies and a description of the impact of any changes to the
quantity produced on the reduction or phasing out of exports of that
waste. |
Retention of plan |
(2) A person who submits a plan to the Minister must keep a copy
of the plan at their principal place of business in Canada for a period
of five years after the day on which the plan is submitted. |
|
Environmentally Sound Management |
Refusal to issue permit |
39. If the Minister is of the opinion that the
hazardous waste or hazardous recyclable material will not be managed
in a manner that will protect the environment and human health against
the adverse effects that may result from that waste or material, the
Minister may, in accordance with subsection 185(2) of the Act, refuse
to issue a permit taking into account the following criteria:
(a) the implementation of an environmental management system
at the authorized facility that includes (i)
procedures for ensuring the protection of the environment and human
health against the adverse effects that may result from the disposal
of the hazardous waste or the recycling of the hazardous recyclable
material including measures for monitoring the efficiency of the
procedures and modifying them in the event that they do not protect
the environment and human health,
(ii) measures to monitor and ensure compliance with applicable laws
with respect to the protection of the environment and human health,
and
(iii) a certification that the system includes those procedures
and measures;
(b) the implementation of a plan at the authorized facility
to prevent, prepare for and respond to an uncontrolled, unplanned
or accidental release of hazardous waste or hazardous recyclable material;
and
(c) the existence of prohibitions or conditions relating
to the disposal of hazardous waste or the recycling of hazardous recyclable
material in Canada or abroad. |
|
CONSEQUENTIAL AMENDMENT |
Consequential amendment |
40. Paragraph 2(2)(b)
of the Export of Substances Under the Rotterdam
Convention Regulations (see
footnote 1) is replaced by the following:
(b) is, or is contained in, a hazardous waste or hazardous
recyclable material regulated by the Export and Import of Hazardous
Waste and Hazardous Recyclable Material Regulations; |
|
REPEAL |
Repeal |
41. The Export and Import of Hazardous
Wastes Regulations (see
footnote 2) are repealed. |
|
COMING INTO FORCE |
Coming into Force |
42. These Regulations come into force on November 1, 2005. |
SCHEDULE 1
(Subsection 1(1), section 4, subparagraphs 8(j)(i) and (viii) and
9(f)(iv), paragraphs 9(n) and (o), subparagraph 16(e)(iv), paragraphs
16(m) and (n) and subparagraph 38(1)(a)(i))
DISPOSAL OPERATIONS FOR HAZARDOUS WASTE
Item |
Column 1
Disposal Code |
Column 2
Operation |
1. |
D1 |
Release into or onto land, other than by any of operations D3 to
D5 or D12. |
2. |
D2 |
Land treatment, such as biodegradation of liquids or sludges in
soil. |
3. |
D3 |
Deep injection, such as injection into wells, salt domes, mines
or naturally occurring repositories. |
4. |
D4 |
Surface impoundment, such as placing liquids or sludges into pits,
ponds or lagoons. |
5. |
D5 |
Specially engineered landfilling, such as placement into separate
lined cells that are isolated from each other and the environment. |
6. |
D6 |
Release into water, other than a sea or ocean, other than by operation
D4. |
7. |
D7 |
Release into a sea or ocean, including sea-bed insertion, other
than by operation D4. |
8. |
D8 |
Biological treatment, not otherwise set out in this Schedule. |
9. |
D9 |
Physical or chemical treatment, not otherwise referred to in this
Schedule, such as calcination, neutralization or precipitation. |
10. |
D10 |
Incineration or thermal treatment on land. |
11. |
D11 |
Incineration or thermal treatment at sea. |
12. |
D12 |
Permanent storage. |
13. |
D13 |
Blending or mixing, prior to any of operations D1 to D12. |
14. |
D14 |
Repackaging, prior to any of operations D1 to D13. |
15. |
D15 |
Release, including the venting of compressed or liquified gases,
or treatment, other than by any of operations D1 to D12. |
16. |
D16 |
Testing of a new technology to dispose of a hazardous waste. |
17. |
D17 |
Interim storage, prior to any of operations D1 to D12. |
SCHEDULE 2
(Subsection 2(1), subparagraph 2(2)(e)(iii), section 4, subparagraphs
8(j)(i) and (viii) and 9(f)(iv), paragraphs 9(n) and (o), subparagraph
16(e)(iv) and paragraphs 16(m) and (n))
RECYCLING OPERATIONS FOR HAZARDOUS RECYCLABLE MATERIAL
Item |
Column 1
Recycling Code |
Column 2
Operation |
1. |
R1 |
Use as a fuel in an energy recovery system, where the net heating
value of the material is at least 12 780 kJ/kg. |
2. |
R2 |
Recovery or regeneration of substances that have been used as solvents. |
3. |
R3 |
Recovery of organic substances that have not been used as solvents. |
4. |
R4 |
Recovery of metals and metal compounds. |
5. |
R5 |
Recovery of inorganic materials other than metals or metal compounds. |
6. |
R6 |
Regeneration of acids or bases. |
7. |
R7 |
Recovery of components used for pollution abatement. |
8. |
R8 |
Recovery of components from catalysts. |
9. |
R9 |
Re-refining or re-use of used oil, other than by operation R1. |
10. |
R10 |
Land treatment resulting in agricultural or ecological improvement. |
11. |
R11 |
Use of residual materials obtained by any of operations R1 to R10
or R14. |
12. |
R12 |
Exchange of a recyclable material for another recyclable material
prior to recycling by any of operations R1 to R11 or R14. |
13. |
R13 |
Accumulation prior to recycling by any of operations R1 to R11 or
R14. |
14. |
R14 |
Recovery or regeneration of a substance or use or re-use of a recyclable
material, other than by any of operations R1 to R10. |
15. |
R15 |
Testing of a new technology to recycle a hazardous recyclable material. |
16. |
R16 |
Interim storage prior to any of operations R1 to R11 or R14. |
SCHEDULE 3
(Paragraphs 1(1)(a) and 2(1)(a), subparagraph 8(j)(v), paragraphs
9(c) and 16(b) and subparagraph 38(1)(a)(iii))
HAZARDOUS WASTES AND HAZARDOUS RECYCLABLE MATERIALS
Item |
Column 1
Identification No. |
Column 2
Description of Hazardous Waste and Hazardous Recyclable Material |
1. |
HAZ1 |
Biomedical waste the following wastes, other than those generated
from building maintenance, office administration or food preparation
and consumption, that are generated by human or animal health care
establishments, medical, health care or veterinary teaching or research
establishments, clinical laboratories or facilities that test or produce
vaccines and needle and syringe exchange programs:
(a) human tissues, organs or body parts, excluding teeth,
hair or nails;
(b) human blood or blood products;
(c) human bodily fluids that are contaminated with blood;
(d) human bodily fluids removed in the course of autopsy,
treatment, or surgery for diagnosis;
(e) animal tissues, organs, body parts or carcasses, excluding
teeth, nails, hair, bristles, feathers, horns and hooves, resulting
from the treatment of an animal for contamination or suspected contamination
with one or more of the agents set out in paragraph 2.36(a)
or (b) of the Transportation of Dangerous Goods Regulations;
(f) animal blood or blood products resulting from the treatment
of an animal for contamination or suspected contamination with one
or more of the agents set out in paragraph 2.36(a) or (b)
of the Transportation of Dangerous Goods Regulations;
(g) animal bodily fluids that are visibly contaminated with
animal blood and that result from the treatment of an animal for contamination
or suspected contamination with one or more of the agents set out
in paragraph 2.36(a) or (b) of the Transportation
of Dangerous Goods Regulations;
(h) animal bodily fluids removed in the course of surgery,
treatment or necropsy, and that result from the treatment of an animal
for contamination or suspected contamination with one or more of the
agents set out in paragraphs 2.36(a) or (b) of the
Transportation of Dangerous Goods Regulations;
(i) live or attenuated vaccines, human or animal cell cultures,
microbiology laboratory cultures, stocks or specimens of microorganisms
and any items that have come into contact with them;
(j) any items that are saturated with the blood or bodily
fluids referred to in paragraphs (b) to (d) or (f)
to (h), including items that were saturated but that have
dried; and
(k) cytotoxic drugs and any items, including tissues, tubing,
needles or gloves, that have come into contact with a cytotoxic drug.
Biomedical waste does not include
(a) urine or feces;
(b) wastes that are controlled under the Health of Animals
Act; or
(c) wastes that result from the breeding or raising of animals. |
2. |
HAZ2 |
Used lubricating oils in quantities of 500 L or more, from internal
combustion engines or gear boxes, transmissions, transformers, hydraulic
systems or other equipment associated with such engines. |
3. |
HAZ3 |
Used oil filters containing more than 6% of oil by mass. |
4. |
HAZ4 |
Cyanide, or substances containing cyanide, in a concentration equal
to or greater than 100 mg/kg. |
5. |
HAZ5 |
Wastes that contain more than 2 mg/kg of polychlorinated terphenyls
or polybrominated biphenyls described in Schedule 1 to the Act. |
6. |
HAZ6 |
Wastes that contain, in a concentration of more than 100 ng/kg of
2,3,7,8-tetrachlorodibenzo-p-dioxin equivalent,
(a) total polychlorinated dibenzofurans that have a molecular
formula C12H8-nClnO in which "n"
is greater than 1; or
(b) total polychlorinated dibenzo-p-dioxins that have a molecular
formula C12H8-nClnO2 in
which "n" is greater than 1.
The concentration is calculated in accordance with "International
Toxicity Equivalency Factor (I-TEF) Method of Risk Assessment for
Complex Mixtures of Dioxins and Related Compounds", Pilot Study
on International Information Exchange on Dioxins and Related Compounds,
Committee on the Challenges of Modern Society, North Atlantic Treaty
Organization, Report Number 176, August 1988, as amended from time
to time, using the following factors:
2,3,7,8-tetrachlorodibenzodioxin 1.001
1,2,3,7,8-pentachlorodibenzodioxin 0.5
1,2,3,4,7,8-hexachlorodibenzodioxin 0.1
1,2,3,7,8,9-hexachlorodibenzodioxin 0.1
1,2,3,6,7,8-hexachlorodibenzodioxin 0.1
1,2,3,4,6,7,8-heptachlorodibenzodioxin 0.01
octachlorodibenzodioxin 0.001
2,3,7,8-tetrachlorodibenzofuran 0.1
2,3,4,7,8-pentachlorodibenzofuran 0.5
1,2,3,7,8-pentachlorodibenzofuran 0.05
1,2,3,4,7,8-hexachlorodibenzofuran 0.1
1,2,3,7,8,9-hexachlorodibenzofuran 0.1
1,2,3,6,7,8-hexachlorodibenzofuran 0.1
2,3,4,6,7,8-hexachlorodibenzofuran 0.1
1,2,3,4,6,7,8-heptachlorodibenzofuran 0.01
1,2,3,4,7,8,9-heptachlorodibenzofuran 0.01
octachlorodibenzofuran 0.001 |
SCHEDULE 4
(Paragraphs 1(1)(c) and 2(1)(c) and subparagraphs 8(j)(v) and 38(1)(a)(iii))
PART 1
HAZARDOUS WASTES AND HAZARDOUS RECYCLABLE MATERIALS FROM
NON-SPECIFIC SOURCES
Item |
Column 1
Identification No. |
Column 2
Description of Hazardous Waste and Hazardous Recyclable Material |
1. |
F001 |
The following spent halogenated solvents used in degreasing: tetrachloroethylene,
trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon
tetrachloride and chlorinated fluorocarbons; all spent solvent mixtures
and blends used in degreasing containing, before use, a total of 10%
or more (by volume) of one or more of the above halogenated solvents
or those solvents listed as F002, F004 or F005; and still bottoms
from the recovery of those spent solvents and spent solvent mixtures. |
2. |
F002 |
The following spent halogenated solvents: tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene,
1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane
and 1,1,2-trichloroethane; all spent solvent mixtures and blends containing,
before use, a total of 10% or more (by volume) of one or more of the
above halogenated solvents or those listed as F001, F004 or F005;
and still bottoms from the recovery of those spent solvents and spent
solvent mixtures. |
3. |
F003 |
The following spent non-halogenated solvents: xylene, acetone, ethyl
acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl
alcohol, cyclohexanone and methanol; all spent solvent mixtures and
blends containing, before use, only the above spent non-halogenated
solvents; and all spent solvent mixtures and blends containing, before
use, one or more of the above spent non-halogenated solvents, and
a total of 10% or more (by volume) of one or more of those solvents
listed as F001, F002, F004 or F005; and still bottoms from the recovery
of those spent solvents and spent solvent mixtures. |
4. |
F004 |
The following spent non-halogenated solvents: cresols, cresylic
acid and nitrobenzene; all spent solvent mixtures and blends containing,
before use, a total of 10% or more (by volume) of one or more of the
above spent non-halogenated solvents or those solvents listed as F001,
F002 or F005; and still bottoms from the recovery of these spent solvents
and spent solvent mixtures. |
5. |
F005 |
The following spent non-halogenated solvents: toluene, methyl ethyl
ketone, carbon disulphide, isobutanol, pyridine, benzene, 2-ethoxyethanol
and 2-nitropropane; all spent solvent mixtures and blends containing,
before use, a total of 10% or more (by volume) of one or more of the
above spent non-halogenated solvents or those solvents listed as F001,
F002 or F004; and still bottoms from the recovery of those spent solvents
and spent solvent mixtures. |
6. |
F006 |
Wastewater treatment sludges from electroplating operations except
for the following processes: (1) sulphuric acid anodizing of aluminum;
(2) tin plating on carbon steel; (3) zinc plating (on a segregated
basis) on carbon steel; (4) aluminum or aluminum-zinc plating on carbon
steel; (5) cleaning or stripping associated with tin, zinc or aluminum
plating on carbon steel; and (6) chemical etching and milling of aluminum. |
7. |
F007 |
Spent cyanide plating bath solutions from electroplating operations. |
8. |
F008 |
Plating bath sludge from the bottom of plating baths from electroplating
operations where cyanides are used in the process. |
9. |
F009 |
Spent stripping and cleaning bath solutions from electroplating
operations where cyanides are used in the process. |
10. |
F010 |
Quenching bath sludge from oil baths from metal heat treating operations
where cyanides are used in the process. |
11. |
F011 |
Spent cyanide solutions from salt bath pot cleaning from metal heat
treating operations. |
12. |
F012 |
Quenching wastewater treatment sludge from metal heat treating operations
where cyanides are used in the process. |
13. |
F019 |
Wastewater treatment sludge from the chemical conversion coating
of aluminum except from zirconium phosphating in aluminum can washing
if such phosphating is an exclusive conversion coating process. |
14. |
F020 |
Wastes from the production or manufacturing use (as a reactant,
chemical intermediate or component in a formulating process) of tri-
or tetrachlorophenol or of intermediates used to produce their pesticide
derivatives, excluding wastewater and spent carbon from hydrogen chloride
purification and wastes from the production of hexachlorophene from
highly purified 2,4,5-trichlorophenol. |
15. |
F021 |
Wastes from the production or manufacturing use (as a reactant,
chemical intermediate or component in a formulating process) of pentachlorophenol
or of intermediates used to produce its derivatives, excluding wastewater
and spent carbon from hydrogen chloride purification. |
16. |
F022 |
Wastes from the manufacturing use (as a reactant, chemical intermediate
or component in a formulating process) of tetra-, penta- or hexachlorobenzenes
under alkaline conditions, excluding wastewater and spent carbon from
hydrogen chloride purification. |
17. |
F023 |
Wastes from the production of materials on equipment previously
used for the production or manufacturing use (as a reactant, chemical
intermediate or component in a formulating process) of tri- and tetrachlorophenols,
excluding wastewater and spent carbon from hydrogen chloride purification
and wastes from equipment used only for the production or use of hexachlorophene
from highly purified 2,4,5-trichlorophenol. |
18. |
F024 |
Process wastes, including, but not limited to, distillation residues,
heavy ends, tars and reactor clean-out wastes from the production
of certain chlorinated aliphatic hydrocarbons by free radical catalyzed
processes, those chlorinated aliphatic hydrocarbons being those having
carbon chain lengths ranging from 1 to and including 5, with varying
amounts and positions of chlorine substitution, and excluding wastewaters,
wastewater treatment sludge, spent catalysts and wastes set out in
Schedule 7. |
19. |
F025 |
Condensed light ends, spent filters and filter aids, and spent desiccant
wastes from the production of certain chlorinated aliphatic hydrocarbons,
by free radical catalyzed processes, those chlorinated aliphatic hydrocarbons
being those having carbon chain lengths ranging from 1 to and including
5, with varying amounts and positions of chlorine substitution. |
20. |
F026 |
Wastes from the production of materials on equipment previously
used for the manufacturing use (as a reactant, chemical intermediate
or component in a formulating process) of tetra-, penta- or hexachlorobenzene
under alkaline conditions, excluding wastewater and spent carbon from
hydrogen chloride purification. |
21. |
F027 |
Discarded unused formulations containing tri-, tetra- or pentachlorophenol
or discarded unused formulations containing compounds derived from
those chlorophenols, excluding formulations containing hexachlorophene
synthesized from prepurified 2,4,5-trichlorophenol as the sole component. |
22. |
F028 |
Residues resulting from incineration or treatment of soil contaminated
with wastes listed as F020, F021, F022, F023, F026 or F027. |
23. |
F032 |
Wastewaters, spent formulations from wood preserving processes generated
at plants that currently use or have previously used chlorophenolic
formulations, process residuals and preservative drippage, except
wastewaters that have not come into contact with process contaminants,
spent formulations that potentially cross-contaminated wastes from
wood preserving processes at plants that do not resume or initiate
use of chlorophenolic preservatives, and bottom sediment sludge listed
as K001. |
24. |
F034 |
Wastewaters, process residuals, preservative drippage and spent
formulations from wood preserving processes generated at plants that
use creosote formulations, excluding bottom sediment sludge listed
as K001 and wastewaters that have not come into contact with process
contaminants. |
25. |
F035 |
Wastewaters, process residuals, preservative drippage and spent
formulations from wood preserving processes generated at plants that
use inorganic preservatives containing arsenic or chromium, excluding
bottom sediment sludge listed as K001 and wastewaters that have not
come into contact with process contaminants. |
26. |
F037 |
Petroleum refinery primary oil, water and solids separation sludge;
sludge generated from the gravitational separation of oil, water and
solids during the storage or treatment of process wastewaters and
oil cooling wastewaters from petroleum refineries, including, but
not limited to, those generated in oil, water and solids separators,
tanks and impoundments, ditches and other conveyances, sumps and stormwater
units receiving dry weather flow; sludge generated in stormwater units
that do not receive dry weather flow; sludge generated from non-contact
once-through cooling waters segregated for treatment from other processes
or oily cooling waters; sludge generated in biological treatment units
that employ one of the following treatment methods: activated sludge,
trickling filter, rotating biological contactor for the continuous
accelerated biological oxidation of wastewaters, or high-rate aeration
(including sludge generated in one or more additional units after
wastewaters have been treated in biological treatment units). Wastes
listed as K051 are excluded. |
27. |
F038 |
Petroleum refinery secondary (emulsified) oil, water and solids
separation sludge; sludge or float generated from the physical or
chemical separation of oil, water and solids in process wastewaters
and oily cooling wastewaters from petroleum refineries, including,
but not limited to, sludge and floats generated in induced air flotation
(IAF) units, tanks and impoundments, and in dissolved air flotation
(DAF) units; sludge generated in stormwater units that do not receive
dry weather flow; sludge generated from non-contact once-through cooling
waters segregated for treatment from other processes or oily cooling
water; sludge and float generated in biological treatment units that
employ one of the following treatment methods: activated sludge, trickling
filter, rotating biological contactor for the continuous accelerated
biological oxidation of wastewaters, or high-rate aeration (including
sludge and float generated in one or more additional units after wastewaters
have been treated in a biological treatment unit).Wastes listed as
F037, K048 and K051 are excluded. |
28. |
F039 |
Leachate (liquids that percolated through land disposed wastes)
resulting from the disposal of more than one waste classified as a
hazardous waste by being included in this Schedule. |
PART 2
HAZARDOUS WASTES AND HAZARDOUS RECYCLABLE MATERIALS FROM
SPECIFIC SOURCES
Item |
Column 1
Identification No. |
Column 2
Description of Hazardous Waste and Hazardous Recyclable Material |
Wood Preservation |
1. |
K001 |
Bottom sediment sludge from the treatment of wastewaters from wood
preserving processes that use creosote or pentachlorophenol
or both. |
Inorganic Pigments |
2. |
K002 |
Wastewater treatment sludge from the production of chrome yellow
and orange pigments. |
3. |
K003 |
Wastewater treatment sludge from the production of molybdate orange
pigments. |
4. |
K004 |
Wastewater treatment sludge from the production of zinc yellow pigments. |
5. |
K005 |
Wastewater treatment sludge from the production of chrome green
pigments. |
6. |
K006 |
Wastewater treatment sludge from the production of chromeoxide green
pigments (anhydrous and hydrated). |
7. |
K007 |
Wastewater treatment sludge from the production of iron blue pigments. |
8. |
K008 |
Oven residue from the production of chromeoxide green pigments. |
Organic Chemicals |
9. |
K009 |
Distillation bottoms from the production of acetaldehyde from ethylene. |
10. |
K010 |
Distillation side cuts from the production of acetaldehyde from
ethylene. |
11. |
K011 |
Bottom stream from the wastewater stripper in the production of
acrylonitrile. |
12. |
K013 |
Bottom stream from the acetonitrile column in the production of
acrylonitrile. |
13. |
K014 |
Bottoms from the acetonitrile purification column in the production
of acrylonitrile. |
14. |
K015 |
Still bottoms from the distillation of benzylchloride. |
15. |
K016 |
Heavy ends or distillation residues from the production of carbon
tetrachloride. |
16. |
K017 |
Heavy ends (still bottoms) from the purification column in the production
of epichlorohydrin. |
17. |
K018 |
Heavy ends from the fractionation column in ethyl chloride production.
|
18. |
K019 |
Heavy ends from the distillation of ethylene dichloride in ethylene
dichloride production. |
19. |
K020 |
Heavy ends from the distillation of vinyl chloride in vinyl chloride
monomer production. |
20. |
K021 |
Aqueous spent antimony catalyst waste from fluoromethanes production.
|
21. |
K022 |
Distillation bottom tars from the production of phenol and acetone
from cumene. |
22. |
K023 |
Distillation light ends from the production of phthalic anhydride
from naphthalene. |
23. |
K024 |
Distillation bottoms from the production of phthalic anhydride from
naphthalene. |
24. |
K025 |
Distillation bottoms from the production of nitrobenzene by the
nitration of benzene. |
25. |
K026 |
Stripping still tails from the production of methyl ethyl pyridines.
|
26. |
K027 |
Centrifuge and distillation residues from toluene diisocyanate production.
|
27. |
K028 |
Spent catalyst from the hydrochlorinator reactor in the production
of 1,1,1-trichloroethane. |
28. |
K029 |
Waste from the product stream stripper in the production of 1,1,1-trichloroethane. |
29. |
K030 |
Column bottoms or heavy ends from the combined production of trichloroethylene
and perchloroethylene. |
30. |
K083 |
Distillation bottoms from aniline production. |
31. |
K085 |
Distillation or fractionating column bottoms from the production
of chlorobenzenes. |
32. |
K093 |
Distillation light ends from the production of phthalic anhydride
from o-xylene. |
33. |
K094 |
Distillation bottoms from the production of phthalic anhydride from
o-xylene. |
34. |
K095 |
Distillation bottoms from the production of 1,1,1-trichloroethane. |
35. |
K096 |
Heavy ends from the heavy ends columns from the production of 1,1,1-trichloroethane. |
36. |
K103 |
Process residues from aniline extraction from the production of
aniline. |
37. |
K104 |
Combined wastewater streams from nitrobenzene and aniline production. |
38. |
K105 |
Separated aqueous stream from the reactor product washing step in
the production of chlorobenzene. |
39. |
K107 |
Column bottoms from product separation from the production of 1,1-dimethyl-hydrazine
(UDMH) from carboxylic acid hydrazines. |
40. |
K108 |
Condensed column overheads from product separation and condensed
reactor vent gases from the production
of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. |
41. |
K109 |
Spent filter cartridges from product purification from the production
of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides. |
42. |
K110 |
Condensed column overheads from intermediate separation from the
production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
|
43. |
K111 |
Product washwaters from the production of dinitrotoluene via nitration
of toluene. |
44. |
K112 |
Reaction by-product water from the drying column in the production
of toluenediamine via hydrogenation of dinitrotoluene. |
45. |
K113 |
Condensed liquid light ends from the purification of toluenediamine
in the production of toluenediamine via hydrogenation of dinitrotoluene.
|
46. |
K114 |
Vicinals from the purification of toluenediamine in the production
of toluenediamine via hydrogenation of dinitrotoluene. |
47. |
K115 |
Heavy ends from the purification of toluenediamine in the production
of toluenediamine via hydrogenation of dinitrotoluene. |
48. |
K116 |
Organic condensate from the solvent recovery column in the production
of toluene diisocyanate via phosgenation of toluenediamine. |
49. |
K117 |
Wastewater from the reactor vent gas scrubber in the production
of ethylene dibromide via bromination of ethene. |
50. |
K118 |
Spent adsorbent solids from the purification of ethylene dibromide
in the production of ethylene dibromide via bromination of ethene. |
51. |
K136 |
Still bottoms from the purification of ethylene dibromide in the
production of ethylene dibromide via bromination of ethene. |
52. |
K140 |
Floor sweepings, off-specification product and spent filter media
from the production of 2,4,6-tribromophenol. |
53. |
K149 |
Distillation bottoms from the production of alpha- (or methyl-)
chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides
and compounds with mixtures of those functional groups, excluding
still bottoms from the distillation of benzyl chloride. |
54. |
K150 |
Organic residuals, excluding spent carbon adsorbent, from the spent
chlorine gas and hydrochloric acid recovery processes associated with
the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides and compounds with mixtures of those functional
groups. |
55. |
K151 |
Wastewater treatment sludge generated during the treatment of wastewaters
from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides and compounds with mixtures of those functional
groups, excluding neutralization and biological sludge. |
56. |
K156 |
Organic waste (including heavy ends, still bottoms, light ends,
spent solvents, filtrates and decantates) from the production of carbamates
and carbamoyl oximes, excluding waste generated from the manufacture
of 3-iodo-2-propynyl n-butylcarbamate. |
57. |
K157 |
Wastewaters (including scrubber waters, condenser waters, washwaters
and separation waters) from the production of carbamates and carbamoyl
oximes, excluding wastes generated from the manufacture of 3-iodo-2-propynyl
n-butylcarbamate. |
58. |
K158 |
Bag house dusts and filter or separation solids from the production
of carbamates and carbamoyl oximes, excluding wastes generated from
the manufacture of 3-iodo-2-propynyl n-butylcarbamate. |
59. |
K159 |
Organics from the treatment of thiocarbamate wastes. |
60. |
K161 |
Purification solids (including filtration, evaporation and centrifugation
solids), bag house dust and floor sweepings from the production of
dithiocarbamate acids and their salts, excluding substances listed
as K125 or K126. |
Inorganic chemicals |
61. |
K071 |
Brine purification sludge from the mercury cell process in chlorine
production if separately prepurified brine is not used. |
62. |
K073 |
Chlorinated hydrocarbon wastes from the purification step of the
diaphragm cell process using graphite anodes in chlorine production. |
63. |
K106 |
Wastewater treatment sludge from the mercury cell process in chlorine
production. |
Pesticides |
64. |
K031 |
By-product salts generated in the production of monosodium acid
methanearsonate (MSMA) and cacodylic acid. |
65. |
K032 |
Wastewater treatment sludge from the production of chlordane. |
66. |
K033 |
Wastewater and scrub water from the chlorination of cyclopentadiene
in the production of chlordane. |
67. |
K034 |
Filter solids from the filtration of hexachlorocyclopentadiene in
the production of chlordane. |
68. |
K035 |
Wastewater treatment sludge from the production of creosote. |
69. |
K036 |
Still bottoms from toluene reclamation distillation in the production
of disulfoton. |
70. |
K037 |
Wastewater treatment sludge from the production of disulfoton. |
71. |
K038 |
Wastewater from the washing and stripping of phorate production. |
72. |
K039 |
Filter cake from the filtration of diethylphosphorodithioic acid
in the production of phorate. |
73. |
K040 |
Wastewater treatment sludge from the production of phorate. |
74. |
K041 |
Wastewater treatment sludge from the production of toxaphene. |
75. |
K042 |
Heavy ends or distillation residues from the distillation of tetrachlorobenzene
in the production of 2,4,5-T. |
76. |
K043 |
2,6-Dichlorophenol waste from the production of 2,4-D. |
77. |
K097 |
Vacuum stripper discharge from the chlordane chlorinator in the
production of chlordane. |
78. |
K098 |
Untreated process wastewater from the production of toxaphene. |
79. |
K099 |
Untreated wastewater from the production of 2,4-D. |
80. |
K123 |
Process wastewater, including supernates, filtrates and washwaters,
from the production of ethylenebisdithiocarbamic acid and its salts. |
81. |
K124 |
Reactor vent scrubber water from the production of ethylenebisdithiocarbamic
acid and its salts. |
82. |
K125 |
Filtration, evaporation and centrifugation solids from the production
of ethylenebisdithiocarbamic acid and its salts. |
83. |
K126 |
Baghouse dust and floor sweepings in milling and packaging operations
from the production or formulation of ethylenebisdithiocarbamic acid
and its salts. |
84. |
K131 |
Wastewater from the reactor and spent ulphuric acid from the acid
dryer from the production of methyl bromide. |
85. |
K132 |
Spent absorbent and wastewater separator solids from the production
of methyl bromide. |
Explosives |
86. |
K044 |
Wastewater treatment sludge from the manufacturing and processing
of explosives. |
87. |
K045 |
Spent carbon from the treatment of wastewater containing explosives.
|
88. |
K046 |
Wastewater treatment sludge from the manufacturing, formulation
and loading of lead-based initiating compounds. |
89. |
K047 |
Pink and red water from the production of TNT. |
Petroleum refining |
90. |
K048 |
Dissolved air flotation (DAF) float from the petroleum refining
industry. |
91. |
K049 |
Slop oil emulsion solids from the petroleum refining industry. |
92. |
K050 |
Heat exchanger bundle cleaning sludge from the petroleum refining
industry. |
93. |
K051 |
American Petroleum Institute (API) separator sludge from the petroleum
refining industry. |
94. |
K052 |
Tanks bottoms (leaded) from the petroleum refining industry. |
95. |
K169 |
Crude oil storage tank sediment from refining petroleum. |
96. |
K170 |
Clarified slurry oil tank sediment and in-line filter or separation
solids from refining petroleum. |
97. |
K171 |
Spent hydrotreating catalyst from refining petroleum, including
guard beds used to desulfurize feeds to other catalytic reactors,
excluding inert support media. |
98. |
K172 |
Spent hydrorefining catalyst from refining petroleum, including
guard beds used to desulfurize feeds to other catalytic reactors,
excluding inert support media. |
Iron and steel |
99. |
K061 |
Emission control dust and sludge from the primary production of
steel in electric furnaces. |
100. |
K062 |
Spent pickle liquor from steel finishing operations of facilities
within the iron and steel industry at steel works, blast furnaces
(including coke ovens), rolling mills, iron and steel foundries, gray
and ductile iron foundries, malleable iron foundries, steel investment
foundries or other miscellaneous steel foundries, or at facilities
in the electrometallurgical products (except steel) industry, steel
wiredrawing and steel nails and spikes industry, coldrolled steel
sheet, strip and bars industry or steel pipes and tubes industry. |
Primary copper |
101. |
K064 |
Acid plant blowdown slurry and sludge resulting from the thickening
of blowdown slurry from primary copper production. |
Primary lead |
102. |
K065 |
Surface impoundment solids contained in and dredged from surface
impoundments at primary lead smelting facilities. |
Primary zinc |
103. |
K066 |
Sludge from treatment of process wastewater and acid plant blowdown
from primary zinc production. |
Primary aluminum |
104. |
K088 |
Spent potliners from primary aluminum reduction. |
Ferroalloys |
105. |
K090 |
Emission control dust or sludge from ferrochromiumsilicon production. |
106. |
K091 |
Emission control dust or sludge from ferrochromium production. |
Secondary lead |
107. |
K069 |
Emission control dust and sludge from secondary lead smelting. |
108. |
K100 |
Waste leaching solution from acid leaching of emission control dust
and sludge from secondary lead smelting. |
Veterinary pharmaceuticals |
109. |
K084 |
Wastewater treatment sludge from the production of veterinary pharmaceuticals
from arsenic or organo-arsenic compounds. |
110. |
K101 |
Distillation tar residues from the distillation of aniline-based
compounds in the production of veterinary pharmaceuticals from arsenic
or organo-arsenic compounds. |
111. |
K102 |
Residue from the use of activated carbon for decolourization in
the production of veterinary pharmaceuticals from arsenic or
organo-arsenic compounds. |
Ink formulation |
112. |
K086 |
Solvent washes and sludge, caustic washes and sludge or water washes
and sludge from cleaning tubs and equipment used in the formulation
of ink from pigments, driers, soaps and stabilizers containing chromium
and lead. |
Coking |
113. |
K060 |
Ammonia still lime sludge from coking operations. |
114. |
K087 |
Decanter tank tar sludge from coking operations. |
115. |
K141 |
Process residues from the recovery of coal tar, including, but not
limited to, collecting sump residues from the production of coke from
coal and the recovery of coke by-products produced from coal, excluding
those wastes listed as K087. |
116. |
K142 |
Tar storage tank residues from the production of coke from coal
or from the recovery of coke by-products produced from coal. |
117. |
K143 |
Process residues from the recovery of light oil, including, but
not limited to, those generated in stills, decanters and wash oil
recovery units from the recovery of coke by-products produced from
coal. |
118. |
K144 |
Wastewater sump residues from light oil refining, including, but
not limited to, intercepting or contamination sump sludge from the
recovery of coke by-products produced from coal. |
119. |
K145 |
Residues from naphthalene collection and recovery operations from
the recovery of coke by-products produced from coal. |
120. |
K147 |
Tar storage tank residues from coal tar refining. |
121. |
K148 |
Residues from coal tar distillation, including, but not limited
to, still bottoms. |
SCHEDULE 5
(Paragraphs 1(1)(d) and 2(1)(d))
ENVIRONMENTALLY HAZARDOUS SUBSTANCES
Item |
Column 1
Substance |
Column 2
Concentration by Mass (mg/kg) |
1. |
Acetaldehyde |
100.0 |
2. |
Acetaldehyde ammonia |
100.0 |
3. |
Acetic acid |
100.0 |
4. |
Acetic anhydride |
100.0 |
5. |
Acetone cyanohydrin |
100.0 |
6. |
Acetyl bromide |
100.0 |
7 |
Acetyl chloride |
100.0 |
8. |
Acrolein, stabilized |
100.0 |
9 |
Acrylonitrile, stabilized |
100.0 |
10. |
Adipic acid |
100.0 |
11. |
Allethrin |
100.0 |
12. |
Allyl alcohol |
100.0 |
13. |
Allyl chloride |
100.0 |
14. |
Aluminum sulphate |
100.0 |
15. |
N-Aminopropylmorpholine |
100.0 |
16. |
Ammonia |
100.0 |
17. |
Ammonia solutions |
100.0 |
18. |
Ammonium acetate |
100.0 |
19. |
Ammonium benzoate |
100.0 |
20. |
Ammonium bicarbonate |
100.0 |
21. |
Ammonium bisulphite |
100.0 |
22. |
Ammonium carbamate |
100.0 |
23. |
Ammonium carbonate |
100.0 |
24. |
Ammonium chloride |
100.0 |
25. |
Ammonium citrate, dibasic |
100.0 |
26. |
Ammonium oxalate |
100.0 |
27. |
Ammonium sulphamate |
100.0 |
28. |
Ammonium sulphide |
100.0 |
29. |
Ammonium tartrate |
100.0 |
30. |
Ammonium thiocyanate |
100.0 |
31. |
Ammonium thiosulphate |
100.0 |
32. |
Amyl acetates |
100.0 |
33. |
Aniline |
100.0 |
34. |
Antimony pentachloride |
100.0 |
35. |
Antimony potassium tartrate |
100.0 |
36. |
Antimony tribromide |
100.0 |
37. |
Antimony trichloride |
100.0 |
38. |
Antimony trioxide |
100.0 |
39. |
Benzidine |
100.0 |
40. |
Benzoic acid |
100.0 |
41. |
Benzonitrile |
100.0 |
42. |
Benzoyl chloride |
100.0 |
43. |
Benzyl chloride |
100.0 |
44. |
Beryllium chloride |
100.0 |
45. |
Butyl acetates |
100.0 |
46. |
n-Butylamine |
100.0 |
47. |
n-Butyl phthalate |
100.0 |
48. |
Calcium hypochlorite |
100.0 |
49. |
Captan |
100.0 |
50. |
Carbon disulphide |
100.0 |
51. |
Chlordecone |
100.0 |
52. |
2-Chlorophenol |
100.0 |
53. |
Chlorosulphonic acid (with or without sulphur trioxide) |
100.0 |
54. |
Cobaltous bromide |
100.0 |
55. |
Cobaltous formate |
100.0 |
56. |
Cobaltous sulphamate |
100.0 |
57. |
Copper-based pesticides (all forms) |
100.0 |
58. |
Copper chloride |
100.0 |
59. |
Coumaphos |
100.0 |
60. |
Creosote |
100.0 |
61. |
Crotonaldehyde |
100.0 |
62. |
Cupric acetate |
100.0 |
63. |
Cupric oxalate |
100.0 |
64. |
Cupric sulphate |
100.0 |
65. |
Cupric sulphate, ammoniated |
100.0 |
66. |
Cupric tartrate |
100.0 |
67. |
Cyclohexane |
100.0 |
68. |
Dichlobenil |
100.0 |
69. |
Dichlone |
100.0 |
70. |
1,1-Dichloro-2,2-di-(p-chlorophenyl) ethane |
100.0 |
71. |
Dichlorodiphenyltrichloroethane |
100.0 |
72. |
2,2-Dichloroethyl ether |
100.0 |
73. |
Dichloropropene |
100.0 |
74. |
2,2-Dichloropropionic acid |
100.0 |
75. |
Dichlorvos |
100.0 |
76. |
Dicofol |
100.0 |
77. |
Diethylamine |
100.0 |
78. |
Dimethylamine |
100.0 |
79. |
Dinitrobenzenes |
100.0 |
80. |
Dinitrophenol |
100.0 |
81. |
Dinitrotoluenes (excluding 2,4-dinitrotoluene) |
100.0 |
82. |
Disulfoton |
100.0 |
83. |
Endosulfan |
100.0 |
84. |
Epichlorohydrin |
100.0 |
85. |
Ethion |
100.0 |
86. |
Ethylbenzene |
100.0 |
87. |
Ethylenediamine |
100.0 |
88. |
Ethylenediaminetetraacetic acid |
100.0 |
89. |
Ethylene dibromide |
100.0 |
90. |
Ethylene dichloride |
100.0 |
91. |
Ferric ammonium citrate |
100.0 |
92. |
Ferric ammonium oxalate |
100.0 |
93. |
Ferric chloride |
100.0 |
94. |
Ferric nitrate |
100.0 |
95. |
Ferric sulphate |
100.0 |
96. |
Ferrous ammonium sulphate |
100.0 |
97. |
Ferrous chloride |
100.0 |
98. |
Ferrous sulphate |
100.0 |
99. |
Formaldehyde |
100.0 |
100. |
Formic acid |
100.0 |
101. |
Fumaric acid |
100.0 |
102. |
Furfural |
100.0 |
103. |
Hexachlorocyclopentadiene |
100.0 |
104. |
Isobutyl acetate |
100.0 |
105. |
Isobutylamine |
100.0 |
106. |
Isobutyric acid |
100.0 |
107. |
Isoprene |
100.0 |
108. |
Kelthane |
100.0 |
109. |
Mercaptodimethur |
100.0 |
110. |
Methyl bromide and ethylene dibromide mixtures |
100.0 |
111. |
Methyl methacrylate |
100.0 |
112. |
Methylamine |
100.0 |
113. |
Mevinphos |
100.0 |
114. |
Mexacarbate |
100.0 |
115. |
Naled |
100.0 |
116. |
Naphthalene |
100.0 |
117. |
Naphthenic acid |
100.0 |
118. |
Nickel ammonium sulphate |
100.0 |
119. |
Nickel chloride |
100.0 |
120. |
Nickel hydroxide |
100.0 |
121. |
Nickel sulphate |
100.0 |
122. |
Nitrophenols (o-, m-, p-) |
100.0 |
123. |
Nitrotoluenes, (o-, m-, p-) |
100.0 |
124. |
Organotin compounds (all forms) |
100.0 |
125. |
Organotin Pesticides (all forms) |
100.0 |
126. |
Oxalates, water soluble |
100.0 |
127. |
Paraformaldehyde |
100.0 |
128. |
Phencapton |
100.0 |
129. |
Phenol |
100.0 |
130. |
Phosphorus |
100.0 |
131. |
Phosphorus oxychloride |
100.0 |
132. |
Phosphorus pentasulphide |
100.0 |
133. |
Phosphorus trichloride |
100.0 |
134. |
Polychlorinated biphenyls |
50.0 |
135. |
Potassium permanganate |
100.0 |
136. |
Propargite |
100.0 |
137. |
Propionic acid |
100.0 |
138. |
Propionic anhydride |
100.0 |
139. |
Propylene dichloride |
100.0 |
140. |
Propylene oxide |
100.0 |
141. |
Pyrethrins |
100.0 |
142. |
Quinoline |
100.0 |
143. |
Resorcinol |
100.0 |
144. |
Silver nitrate |
100.0 |
145. |
Sodium bisulphite |
100.0 |
146. |
Sodium dodecylbenzene sulphonate (branched chain) |
100.0 |
147. |
Sodium hydrogen sulphite |
100.0 |
148. |
Sodium hydrosulphide |
100.0 |
149. |
Sodium methylate |
100.0 |
150. |
Sodium phosphate, dibasic |
100.0 |
151. |
Sodium phosphate, tribasic |
100.0 |
152. |
Strychnine or Strychnine mixtures |
100.0 |
153. |
Strychnine salts or Strychnine salt mixtures |
100.0 |
154. |
Styrene |
100.0 |
155. |
Sulphur monochloride |
100.0 |
156. |
Tetrachloroethane |
100.0 |
157. |
Tetraethyl Pyrophosphate |
100.0 |
158. |
Thallium sulphate |
100.0 |
159. |
Thiram |
100.0 |
160. |
Titanium sulphate |
100.0 |
161. |
Toluene |
100.0 |
162. |
Triazine Pesticides |
100.0 |
163. |
Trichlorphon |
100.0 |
164. |
Triethylamine |
100.0 |
165. |
Trimethylamine |
100.0 |
166. |
Vanadium pentoxide, non-fused form |
100.0 |
167. |
Vanadyl sulphate |
100.0 |
168. |
Vinyl acetate |
100.0 |
169. |
Xylenes |
100.0 |
170. |
Xylenols |
100.0 |
171. |
Zinc acetate |
100.0 |
172. |
Zinc ammonium chloride |
100.0 |
173. |
Zinc carbonate |
100.0 |
174. |
Zinc chloride |
100.0 |
175. |
Zinc formate |
100.0 |
176. |
Zinc phenolsulphonate |
100.0 |
177. |
Zinc phosphide |
100.0 |
178. |
Zinc sulphate |
100.0 |
179. |
Zirconium sulphate |
100.0 |
SCHEDULE 6
(Paragraphs 1(1)(e) and 2(1)(e) and subparagraphs 2(2)(e)(ii) and
8(j)(v))
HAZARDOUS CONSTITUENTS CONTROLLED UNDER LEACHATE TEST
AND REGULATED LIMITS
Item |
Column 1
Hazardous Constituent Code No. |
Column 2
Hazardous Constituents (synonyms and descriptors) |
Column 3
Concentration (mg/L) |
1. |
L32 |
Aldicarb |
0.900 |
2. |
L3 |
Aldrin + Dieldrin |
0.070 |
3. |
L4 |
Arsenic |
2.500 |
4. |
L33 |
Atrazine + N-dealkylated metabolites |
0.500 |
5. |
L34 |
Azinphos-methyl |
2.000 |
6. |
L5 |
Barium |
100.000 |
7. |
L35 |
Bendiocarb |
4.000 |
8. |
L36 |
Benzene |
0.500 |
9. |
L37 |
Benzo(a)pyrene |
0.001 |
10. |
L6 |
Boron |
500.000 |
11. |
L38 |
Bromoxynil |
0.500 |
12. |
L7 |
Cadmium |
0.500 |
13. |
L8 |
Carbaryl/Sevin/1-Naphthyl-N methyl carbamate |
9.000 |
14. |
L39 |
Carbofuran |
9.000 |
15. |
L40 |
Carbon tetrachloride (Tetrachloromethane) |
0.500 |
16. |
L41 |
Chloramines |
300.000 |
17. |
L9 |
Chlordane |
0.700 |
18. |
L42 |
Chlorobenzene (Monochlorobenzene) |
8.000 |
19. |
L43 |
Chloroform |
10.000 |
20. |
L44 |
Chlorpyrifos |
9.000 |
21. |
L10 |
Chromium |
5.000 |
22. |
L45 |
Cresol (Mixture total of all isomers, when isomers cannot
be differentiated) |
200.000 |
23. |
L46 |
m-Cresol |
200.000 |
24. |
L47 |
o-Cresol |
200.000 |
25. |
L48 |
p-Cresol |
200.000 |
26. |
L49 |
Cyanazine |
1.000 |
27. |
L11 |
Cyanide |
20.000 |
28. |
L2 |
2,4-D / (2,4-Dichlorophenoxy)acetic acid |
10.000 |
29. |
L50 |
2,4-DCP / (2,4-Dichlorophenol) |
90.000 |
30. |
L12 |
DDT (total isomers) |
3.000 |
31. |
L13 |
Diazinon/Phosphordithioic acid, o,o-diethyl o-(2-isopropyl 6-methyl-4-pyrimidinyl)
ester |
2.000 |
32. |
L51 |
Dicamba |
12.000 |
33. |
L52 |
1,2-Dichlorobenzene (o-Dichlorobenzene) |
20.00 |
34. |
L53 |
1,4-Dichlorobenzene (p-Dichlorobenzene) |
0.50 |
35. |
L54 |
1,2-Dichloroethane (Ethylene dichloride) |
5.0 |
36. |
L55 |
1,1-Dichloroethylene (Vinylidene chloride) |
1.40 |
37. |
L56 |
Dichloromethane (also see methylene chloride) |
5.00 |
38. |
L57 |
Diclofop-methyl |
0.90 |
39. |
L58 |
Dimethoate |
2.00 |
40. |
L59 |
2,4-Dinitrotoluene |
0.13 |
41. |
L60 |
Dinoseb |
1.00 |
42. |
L70 |
Diquat |
7.00 |
43. |
L71 |
Diuron |
15.00 |
44. |
L14 |
Endrin |
0.02 |
45. |
L15 |
Fluoride |
150.00 |
46. |
L72 |
Glyphosate |
28.00 |
47. |
L16 |
Heptachlor + Heptachlor epoxide |
0.30 |
48. |
L73 |
Hexachlorobenzene |
0.13 |
49. |
L74 |
Hexachlorobutadiene |
0.50 |
50. |
L75 |
Hexachloroethane |
3.00 |
51. |
L17 |
Lead |
5.00 |
52. |
L18 |
Lindane |
0.40 |
53. |
L76 |
Malathion |
19.00 |
54. |
L19 |
Mercury |
0.10 |
55. |
L20 |
Methoxychlor/1,1,1-Trichloro-2,2-bis(p-methoxyphenyl) ethane |
90.00 |
56. |
L77 |
Methyl ethyl ketone / Ethyl methyl ketone |
200.00 |
57. |
L21 |
Methyl Parathion |
0.70 |
58. |
L78 |
Methylene chloride / Dichloromethane |
5.00 |
59. |
L79 |
Metolachlor |
5.00 |
60. |
L80 |
Metribuzin |
8.00 |
61. |
L81 |
Nitrate |
4500.00 |
62. |
L22 |
Nitrate + Nitrite |
1000.00 |
63. |
L23 |
Nitrilotriacetic acid (NTA) |
40.00 |
64. |
L24 |
Nitrite |
320.00 |
65. |
L82 |
Nitrobenzene |
2.00 |
66. |
L83 |
Paraquat |
1.00 |
67. |
L26 |
Parathion |
5.00 |
68. |
L84 |
Pentachlorophenol |
6.00 |
69. |
L85 |
Phorate |
0.20 |
70. |
L86 |
Picloram |
19.00 |
71. |
L100 |
Polychlorinated dibenzo dioxins and furans |
0.0000015 TEQ |
72. |
L87 |
Pyridine |
5.00 |
73. |
L27 |
Selenium |
1.00 |
74. |
L88 |
Simazine |
1.00 |
75. |
L89 |
2,4,5-T (2,4,5-Trichlorophenoxyacetic acid) |
28.00 |
76. |
L1 |
2,4,5-TP/ Silvex/ 2-(2,4,5-Trichlorophenoxy)propionic acid |
1.00 |
77. |
L90 |
Temephos |
28.00 |
78. |
L91 |
Terbufos |
0.10 |
79. |
L92 |
Tetrachloroethylene |
3.00 |
80. |
L93 |
2,3,4,6-Tetrachlorophenol / (2,3,4,6-TeCP) |
10.00 |
81. |
L29 |
Toxaphene |
0.50 |
82. |
L94 |
Triallate |
23.00 |
83. |
L95 |
Trichloroethylene |
5.00 |
84. |
L96 |
2,4,5-Trichlorophenol / (2,4,5-TCP) |
400.00 |
85. |
L97 |
2,4,6-Trichlorophenol / (2,4,6-TCP) |
0.50 |
86. |
L98 |
Trifluralin |
4.50 |
87. |
L30 |
Trihalomethanes Total (also see Chloroform) |
10.00 |
88. |
L31 |
Uranium |
10.00 |
89. |
L99 |
Vinyl chloride |
0.20 |
SCHEDULE 7
(Paragraphs 1(1)(f) and 2(1)(f), subparagraphs 8(j)(v)and 38(1)(a)(iii)
and Schedule 4)
PART 1
ACUTE HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL
CHEMICALS
Item |
Column 1
Identification No. |
Column 2
Description of Hazardous Waste or Hazardous Recyclable Material |
1. |
P026 |
1-(o-Chlorophenyl)thiourea |
2. |
P081 |
1,2,3-Propanetriol, trinitrate |
3. |
P042 |
1,2-Benzenediol,4-[1-hydroxy-2-(methylamino)ethyl]- |
4. |
P067 |
1,2-Propylenimine |
5. |
P185 |
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime |
6. |
P004 |
1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alpha,8abeta) |
7. |
P060 |
1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,8beta,8abeta)- |
8. |
P002 |
1-Acetyl-2-thiourea |
9. |
P048 |
2,4-Dinitrophenol |
10. |
P051 |
2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,
6 abeta,7beta,7aalpha)-, and metabolites |
11. |
P037 |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)-[b]oxirene,
3,4,5,6,9,9-hexachloro- |
12. |
P045 |
2-Butanone, 3,3-dimethyl-1-methylthio)-, O-[methylamino)carbonyl]oxime |
13. |
P034 |
2-Cyclohexyl-4,6-dinitrophenol |
14. |
P001 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts,
when present at concentrations greater than 0.3% |
15. |
P069 |
2-Methyllactonitrile |
16. |
P017 |
2-Propanone, 1-bromo- |
17. |
P005 |
2-Propen-1-ol |
18. |
P003 |
2-Propenal |
19. |
P102 |
2-Propyn-1-ol |
20. |
P007 |
3(2H)-Isoxazolone, 5-(aminomethyl)- |
21. |
P027 |
3-Chloropropionitrile |
22. |
P202 |
3-Isopropylphenyl N-methylcarbamate |
23. |
P047 |
4,6-Dinitro-o-cresol, and salts |
24. |
P059 |
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- |
25. |
P008 |
4-Aminopyridine |
26. |
P008 |
4-Pyridinamine |
27. |
P007 |
5-(Aminomethyl)-3-isoxazolol |
28. |
P050 |
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-,
3-oxide |
29. |
P127 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate |
30. |
P088 |
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid |
31. |
P023 |
Acetaldehyde, chloro- |
32. |
P057 |
Acetamide, 2-fluoro- |
33. |
P002 |
Acetamide, N-(aminothioxomethyl)- |
34. |
P058 |
Acetic acid, fluoro-, sodium salt |
35. |
P003 |
Acrolein |
36. |
P070 |
Aldicarb |
37. |
P203 |
Aldicarb sulfone |
38. |
P004 |
Aldrin |
39. |
P005 |
Allyl alcohol |
40. |
P046 |
alpha,a-Dimethylphenethylamine |
41. |
P072 |
alpha-Naphthylthiourea |
42. |
P006 |
Aluminum phosphide |
43. |
P009 |
Ammonium picrate |
44. |
P119 |
Ammonium vanadate |
45. |
P099 |
Argentate(1-), bis(cyano-C)-, potassium |
46. |
P010 |
Arsenic acid H3AsO4 |
47. |
P012 |
Arsenic oxide As2O3 |
48. |
P011 |
Arsenic oxide As2O5 |
49. |
P011 |
Arsenic pentoxide |
50. |
P012 |
Arsenic trioxide |
51. |
P038 |
Arsine, diethyl- |
52. |
P036 |
Arsonous dichloride, phenyl- |
53. |
P054 |
Aziridine |
54. |
P067 |
Aziridine, 2-methyl- |
55. |
P013 |
Barium cyanide |
56. |
P024 |
Benzenamine, 4-chloro- |
57. |
P077 |
Benzenamine, 4-nitro- |
58. |
P028 |
Benzene, (chloromethyl)- |
59. |
P046 |
Benzeneethanamine, alpha,alpha-dimethyl- |
60. |
P014 |
Benzenethiol |
61. |
P188 |
Benzoic acid, 2-hydroxy-, compd with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl
methylcarbamate ester (1:1) |
62. |
P028 |
Benzyl chloride |
63. |
P015 |
Beryllium powder |
64. |
P017 |
Bromoacetone |
65. |
P018 |
Brucine |
66. |
P021 |
Calcium cyanide |
67. |
P021 |
Calcium cyanide Ca(CN)2 |
68. |
P189 |
Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl
ester |
69. |
P191 |
Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3-yl
ester |
70. |
P190 |
Carbamic acid, methyl-, 3-methylphenyl ester |
71. |
P192 |
Carbamic acid,dimethyl-,3-methyl-1-(1methylethyl)-1H-pyrazol-5-yl
ester |
72. |
P127 |
Carbofuran |
73. |
P022 |
Carbon disulfide |
74. |
P095 |
Carbonic dichloride |
75. |
P189 |
Carbosulfan |
76. |
P023 |
Chloroacetaldehyde |
77. |
P029 |
Copper cyanide |
78. |
P029 |
Copper cyanide Cu(CN) |
79. |
P030 |
Cyanides (soluble cyanide salts), not otherwise specified |
80. |
P031 |
Cyanogen |
81. |
P033 |
Cyanogen chloride |
82. |
P033 |
Cyanogen chloride (CN)Cl |
83. |
P016 |
Dichloromethyl ether |
84. |
P036 |
Dichlorophenylarsine |
85. |
P037 |
Dieldrin |
86. |
P038 |
Diethylarsine |
87. |
P041 |
Diethyl-p-nitrophenyl phosphate |
88. |
P043 |
Diisopropylfluorophosphate (DFP) |
89. |
P044 |
Dimethoate |
90. |
P191 |
Dimetilan |
91. |
P020 |
Dinoseb |
92. |
P085 |
Diphosphoramide, octamethyl- |
93. |
P111 |
Diphosphoric acid, tetraethyl ester |
94. |
P039 |
Disulfoton |
95. |
P049 |
Dithiobiuret |
96. |
P050 |
Endosulfan |
97. |
P088 |
Endothall |
98. |
P051 |
Endrin |
99. |
P051 |
Endrin, and metabolites |
100. |
P042 |
Epinephrine |
101. |
P031 |
Ethanedinitrile |
102. |
P194 |
Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-,
methyl ester |
103. |
P066 |
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester |
104. |
P101 |
Ethyl cyanide |
105. |
P054 |
Ethyleneimine |
106. |
P097 |
Famphur |
107. |
P056 |
Fluorine |
108. |
P057 |
Fluoroacetamide |
109. |
P058 |
Fluoroacetic acid, sodium salt |
110. |
P198 |
Formetanate hydrochloride |
111. |
P197 |
Formparanate |
112. |
P065 |
Fulminic acid, mercury(2+) salt |
113. |
P059 |
Heptachlor |
114. |
P062 |
Hexaethyl tetraphosphate |
115. |
P068 |
Hydrazine, methyl- |
116. |
P116 |
Hydrazinecarbothioamide |
117. |
P063 |
Hydrocyanic acid |
118. |
P063 |
Hydrogen cyanide |
119. |
P096 |
Hydrogen phosphide |
120. |
P060 |
Isodrin |
121. |
P192 |
Isolan |
122. |
P196 |
Manganese, bis(dimethylcarbamodithioato-S,S')- |
123. |
P196 |
Manganese dimethyl dithiocarbamate |
124. |
P202 |
M-Cumenyl methylcarbamate |
125. |
P065 |
Mercury fulminate |
126. |
P092 |
Mercury, (acetato-O)phenyl- |
127. |
P082 |
Methanamine, N-methyl-N-nitroso- |
128. |
P064 |
Methane, isocyanato- |
129. |
P016 |
Methane, oxybis[chloro- |
130. |
P112 |
Methane, tetranitro- |
131. |
P118 |
Methanethiol, trichloro- |
132. |
P197 |
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- |
133. |
P198 |
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-,
monohydrochloride |
134. |
P199 |
Methiocarb |
135. |
P066 |
Methomyl |
136. |
P068 |
Methyl hydrazine |
137. |
P064 |
Methyl isocyanate |
138. |
P071 |
Methyl parathion |
139. |
P190 |
Metolcarb |
140. |
P128 |
Mexacarbate |
141. |
P073 |
Nickel carbonyl |
142. |
P073 |
Nickel carbonyl Ni(CO)4, (T-4)- |
143. |
P074 |
Nickel cyanide |
144. |
P074 |
Nickel cyanide Ni(CN)2 |
145. |
P075 |
Nicotine, and salts |
146. |
P076 |
Nitric oxide |
147. |
P078 |
Nitrogen dioxide |
148. |
P076 |
Nitrogen oxide NO |
149. |
P078 |
Nitrogen oxide NO2 |
150. |
P081 |
Nitroglycerine |
151. |
P082 |
N-Nitrosodimethylamine |
152. |
P084 |
N-Nitrosomethylvinylamine |
153. |
P040 |
O,O-Diethyl O-pyrazinyl phosphorothioate |
154. |
P085 |
Octamethylpyrophosphoramide |
155. |
P087 |
Osmium oxide OsO4,(T-4)- |
156. |
P087 |
Osmium tetroxide |
157. |
P194 |
Oxamyl |
158. |
P089 |
Parathion |
159. |
P024 |
p-Chloroaniline |
160. |
P020 |
Phenol, 2-(1-methylpropyl)-4,6-dinitro- |
161. |
P009 |
Phenol, 2,4,6-trinitro-, ammonium salt |
162. |
P048 |
Phenol, 2,4-dinitro- |
163. |
P034 |
Phenol, 2-cyclohexyl-4,6-dinitro- |
164. |
P047 |
Phenol, 2-methyl-4,6-dinitro-, and salts |
165. |
P202 |
Phenol, 3-(1-methylethyl)-, methylcarbamate |
166. |
P201 |
Phenol, 3-methyl-5-(1-methylethyl)-, methylcarbamate |
167. |
P199 |
Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate |
168. |
P128 |
Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) |
169. |
P092 |
Phenylmercury acetate |
170. |
P093 |
Phenylthiourea |
171. |
P094 |
Phorate |
172. |
P095 |
Phosgene |
173. |
P096 |
Phosphine |
174. |
P041 |
Phosphoric acid, diethyl 4-nitrophenyl ester |
175. |
P094 |
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester |
176. |
P039 |
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester |
177. |
P044 |
Phosphorodithioic acid, O,O-dimethylS-[2-(methylamino)-2-oxoethyl]
ester |
178. |
P043 |
Phosphorofluoridic acid, bis(1-methylethyl) ester |
179. |
P071 |
Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester |
180. |
P089 |
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester |
181. |
P040 |
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
182. |
P097 |
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-r
dimethyl ester |
183. |
P188 |
Physostigmine salicylate |
184. |
P204 |
Physostigmine |
185. |
P110 |
Plumbane, tetraethyl- |
186. |
P077 |
p-Nitroaniline |
187. |
P098 |
Potassium cyanide |
188. |
P098 |
Potassium cyanide K(CN) |
189. |
P099 |
Potassium silver cyanide |
190. |
P201 |
Promecarb |
191. |
P203 |
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl]oxime |
192. |
P070 |
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime |
193. |
P101 |
Propanenitrile |
194. |
P069 |
Propanenitrile, 2-hydroxy-2-methyl- |
195. |
P027 |
Propanenitrile, 3-chloro- |
196. |
P102 |
Propargyl alcohol |
197. |
P075 |
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts |
198. |
P204 |
Pyrrolo[2,3-b]indol-5-ol,1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-,
methylcarbamate (ester), (3aS-cis)- |
199. |
P114 |
Selenious acid, dithallium(1+) salt |
200. |
P103 |
Selenourea |
201. |
P104 |
Silver cyanide |
202. |
P104 |
Silver cyanide Ag(CN) |
203. |
P105 |
Sodium azide |
204. |
P106 |
Sodium cyanide |
205. |
P106 |
Sodium cyanide Na(CN) |
206. |
P108 |
Strychnidin-10-one, and salts |
207. |
P018 |
Strychnidin-10-one, 2,3-dimethoxy- |
208. |
P108 |
Strychnine, and salts |
209. |
P115 |
Sulfuric acid, dithallium(1+) salt |
210. |
P110 |
Tetraethyl lead |
211. |
P111 |
Tetraethyl pyrophosphate |
212. |
P109 |
Tetraethyldithiopyrophosphate |
213. |
P112 |
Tetranitromethane |
214. |
P062 |
Tetraphosphoric acid, hexaethyl ester |
215. |
P113 |
Thallic oxide |
216. |
P113 |
Thallium oxide Tl2O3 |
217. |
P114 |
Thallium(I) selenite |
218. |
P115 |
Thallium(I) sulfate |
219. |
P109 |
Thiodiphosphoric acid, tetraethyl ester |
220. |
P045 |
Thiofanox |
221. |
P049 |
Thioimidodicarbonic diamide [(H2N)C(S)]2NH |
222. |
P014 |
Thiophenol |
223. |
P116 |
Thiosemicarbazide |
224. |
P026 |
Thiourea, (2-chlorophenyl)- |
225. |
P072 |
Thiourea, 1-naphthalenyl- |
226. |
P093 |
Thiourea, phenyl- |
227. |
P185 |
Tirpate |
228. |
P123 |
Toxaphene |
229. |
P118 |
Trichloromethanethiol |
230. |
P119 |
Vanadic acid, ammonium salt |
231. |
P120 |
Vanadium oxide V2O5 |
232. |
P120 |
Vanadium pentoxide |
233. |
P084 |
Vinylamine, N-methyl-N-nitroso- |
234. |
P001 |
Warfarin, and salts, when present at concentrations greater than
0.3% |
235. |
P121 |
Zinc cyanide |
236. |
P121 |
Zinc cyanide Zn(CN)2 |
237. |
P122 |
Zinc phosphide Zn3P2, when present at concentrations
greater than 10% |
238. |
P205 |
Zinc, bis(dimethylcarbamodithioato-S,S')-, |
239. |
P205 |
Ziram |
PART 2
HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL CHEMICALS
Item |
Column 1
Identification No. |
Column 2
Description of Hazardous Waste or Hazardous Recyclable Material |
1. |
U021 |
[1,1-Biphenyl]-4,4-diamine |
2. |
U073 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- |
3. |
U091 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- |
4. |
U095 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- |
5. |
U208 |
1,1,1,2-Tetrachloroethane |
6. |
U209 |
1,1,2,2-Tetrachloroethane |
7. |
U227 |
1,1,2-Trichloroethane |
8. |
U078 |
1,1-Dichloroethylene |
9. |
U098 |
1,1-Dimethylhydrazine |
10. |
U207 |
1,2,4,5-Tetrachlorobenzene |
11. |
U085 |
1,2:3,4-Diepoxybutane |
12. |
U069 |
1,2-Benzenedicarboxylic acid, dibutyl ester |
13. |
U088 |
1,2-Benzenedicarboxylic acid, diethyl ester |
14. |
U102 |
1,2-Benzenedicarboxylic acid, dimethyl ester |
15. |
U107 |
1,2-Benzenedicarboxylic acid, dioctyl ester |
16. |
U028 |
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester |
17. |
U202 |
1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, and salts |
18. |
U066 |
1,2-Dibromo-3-chloropropane |
19. |
U079 |
1,2-Dichloroethylene |
20. |
U099 |
1,2-Dimethylhydrazine |
21. |
U109 |
1,2-Diphenylhydrazine |
22. |
U155 |
1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- |
23. |
U193 |
1,2-Oxathiolane, 2,2-dioxide |
24. |
U142 |
1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- |
25. |
U234 |
1,3,5-Trinitrobenzene |
26. |
U182 |
1,3,5-Trioxane, 2,4,6-trimethyl- |
27. |
U201 |
1,3-Benzenediol |
28. |
U364 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, |
29. |
U278 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate |
30. |
U141 |
1,3-Benzodioxole, 5-(1-propenyl)- |
31. |
U203 |
1,3-Benzodioxole, 5-(2-propenyl)- |
32. |
U090 |
1,3-Benzodioxole, 5-propyl- |
33. |
U128 |
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
34. |
U130 |
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- |
35. |
U084 |
1,3-Dichloropropene |
36. |
U190 |
1,3-Isobenzofurandione |
37. |
U186 |
1,3-Pentadiene |
38. |
U193 |
1,3-Propane sultone |
39. |
U074 |
1,4-Dichloro-2-butene |
40. |
U108 |
1,4-Diethyleneoxide |
41. |
U108 |
1,4-Dioxane |
42. |
U166 |
1,4-Naphthalenedione |
43. |
U166 |
1,4-Naphthoquinone |
44. |
U172 |
1-Butanamine, N-butyl-N-nitroso- |
45. |
U031 |
1-Butanol |
46. |
U011 |
1H-1,2,4-Triazol-3-amine |
47. |
U186 |
1-Methylbutadiene |
48. |
U167 |
1-Naphthalenamine |
49. |
U279 |
1-Naphthalenol, methylcarbamate |
50. |
U194 |
1-Propanamine |
51. |
U111 |
1-Propanamine, N-nitroso-N-propyl- |
52. |
U110 |
1-Propanamine, N-propyl- |
53. |
U235 |
1-Propanol, 2,3-dibromo-, phosphate (3:1) |
54. |
U140 |
1-Propanol, 2-methyl- |
55. |
U243 |
1-Propene, 1,1,2,3,3,3-hexachloro- |
56. |
U084 |
1-Propene, 1,3-dichloro- |
57. |
U085 |
2,2-Bioxirane |
58. |
T140 |
2,3,4,6-Tetrachlorophenol |
59. |
U237 |
2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- |
60. |
T140 |
2,4,5-T |
61. |
T140 |
2,4,5-Trichlorophenol |
62. |
U408 |
2,4,6-Tribromophenol |
63. |
T140 |
2,4,6-Trichlorophenol |
64. |
U240 |
2,4-D, salts and esters |
65. |
U081 |
2,4-Dichlorophenol |
66. |
U101 |
2,4-Dimethylphenol |
67. |
U105 |
2,4-Dinitrotoluene |
68. |
U197 |
2,5-Cyclohexadiene-1,4-dione |
69. |
U147 |
2,5-Furandione |
70. |
U082 |
2,6-Dichlorophenol |
71. |
U106 |
2,6-Dinitrotoluene |
72. |
U236 |
2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-,
tetrasodium salt |
73. |
U005 |
2-Acetylaminofluorene |
74. |
U159 |
2-Butanone |
75. |
U160 |
2-Butanone, peroxide |
76. |
U053 |
2-Butenal |
77. |
U074 |
2-Butene, 1,4-dichloro- |
78. |
U143 |
2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,
7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z), 7(2S*,3R*),
7aalpha]]- |
79. |
U042 |
2-Chloroethyl vinyl ether |
80. |
U125 |
2-Furancarboxaldehyde |
81. |
U058 |
2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-,
2-oxide |
82. |
U248 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, and
salts, when present at concentrations of 0.3% or less |
83. |
U116 |
2-Imidazolidinethione |
84. |
U168 |
2-Naphthalenamine |
85. |
U171 |
2-Nitropropane |
86. |
U191 |
2-Picoline |
87. |
U002 |
2-Propanone |
88. |
U007 |
2-Propenamide |
89. |
U009 |
2-Propenenitrile |
90. |
U152 |
2-Propenenitrile, 2-methyl- |
91. |
U008 |
2-Propenoic acid |
92. |
U118 |
2-Propenoic acid, 2-methyl-, ethyl ester |
93. |
U162 |
2-Propenoic acid, 2-methyl-, methyl ester |
94. |
U113 |
2-Propenoic acid, ethyl ester |
95. |
U073 |
3,3'-Dichlorobenzidine |
96. |
U091 |
3,3'-Dimethoxybenzidine |
97. |
U095 |
3,3'-Dimethylbenzidine |
98. |
U148 |
3,6-Pyridazinedione, 1,2-dihydro- |
99. |
U157 |
3-Methylcholanthrene |
100. |
U164 |
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- |
101. |
U158 |
4,4'-Methylenebis(2-chloroaniline) |
102. |
U036 |
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro- |
103. |
U030 |
4-Bromophenyl phenyl ether |
104. |
U049 |
4-Chloro-o-toluidine, hydrochloride |
105. |
U161 |
4-Methyl-2-pentanone |
106. |
U059 |
5,12-Naphthacenedione,8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,
11-trihydroxy-1-methoxy-, (8S-cis)- |
107. |
U181 |
5-Nitro-o-toluidine |
108. |
U094 |
7,12-Dimethylbenz[a]anthracene |
109. |
U367 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- |
110. |
U394 |
A2213 |
111. |
U001 |
Acetaldehyde |
112. |
U034 |
Acetaldehyde, trichloro- |
113. |
U187 |
Acetamide, N-(4-ethoxyphenyl)- |
114. |
U005 |
Acetamide, N-9H-fluoren-2-yl- |
115. |
U112 |
Acetic acid ethyl ester |
116. |
T140 |
Acetic acid, (2,4,5-trichlorophenoxy)- |
117. |
U240 |
Acetic acid, (2,4-dichlorophenoxy)-, salts and esters |
118. |
U144 |
Acetic acid, lead(2+) salt |
119. |
U214 |
Acetic acid, thallium(1+) salt |
120. |
U002 |
Acetone |
121. |
U003 |
Acetonitrile |
122. |
U004 |
Acetophenone |
123. |
U006 |
Acetyl chloride |
124. |
U007 |
Acrylamide |
125. |
U008 |
Acrylic acid |
126. |
U009 |
Acrylonitrile |
127. |
U096 |
alpha,alpha-Dimethylbenzylhydroperoxide |
128. |
U167 |
alpha-Naphthylamine |
129. |
U011 |
Amitrole |
130. |
U012 |
Aniline |
131. |
U136 |
Arsinic acid, dimethyl- |
132. |
U014 |
Auramine |
133. |
U015 |
Azaserine |
134. |
U010 |
Azirino[2,3_3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,
8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha,8beta,8aalpha,8balpha)]- |
135. |
U280 |
Barban |
136. |
U278 |
Bendiocarb |
137. |
U364 |
Bendiocarb phenol |
138. |
U271 |
Benomyl |
139. |
U018 |
Benz[a]anthracene |
140. |
U094 |
Benz[a]anthracene, 7,12-dimethyl- |
141. |
U016 |
Benz[c]acridine |
142. |
U157 |
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- |
143. |
U017 |
Benzal chloride |
144. |
U192 |
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
145. |
U012 |
Benzenamine |
146. |
U328 |
Benzenamine, 2-methyl- |
147. |
U222 |
Benzenamine, 2-methyl-, hydrochloride |
148. |
U181 |
Benzenamine, 2-methyl-5-nitro- |
149. |
U014 |
Benzenamine, 4,4-carbonimidoylbis[N,N-dimethyl- |
150. |
U158 |
Benzenamine, 4,4-methylenebis[2-chloro- |
151. |
U049 |
Benzenamine, 4-chloro-2-methyl-,hydrochloride |
152. |
U353 |
Benzenamine, 4-methyl- |
153. |
U093 |
Benzenamine, N,N-dimethyl-4-(phenylazo)- |
154. |
U019 |
Benzene |
155. |
U055 |
Benzene, (1-methylethyl)- |
156. |
U017 |
Benzene, (dichloromethyl)- |
157. |
U023 |
Benzene, (trichloromethyl)- |
158. |
U247 |
Benzene, 1,1-(2,2,2-trichloroethylidene)bis[4- methoxy- |
159. |
U207 |
Benzene, 1,2,4,5-tetrachloro- |
160. |
U070 |
Benzene, 1,2-dichloro- |
161. |
U234 |
Benzene, 1,3,5-trinitro- |
162. |
U071 |
Benzene, 1,3-dichloro- |
163. |
U223 |
Benzene, 1,3-diisocyanatomethyl- |
164. |
U072 |
Benzene, 1,4-dichloro- |
165. |
U030 |
Benzene, 1-bromo-4-phenoxy- |
166. |
U105 |
Benzene, 1-methyl-2,4-dinitro- |
167. |
U106 |
Benzene, 2-methyl-1,3-dinitro- |
168. |
U037 |
Benzene, chloro- |
169. |
U239 |
Benzene, dimethyl- |
170. |
U127 |
Benzene, hexachloro- |
171. |
U056 |
Benzene, hexahydro- |
172. |
U220 |
Benzene, methyl- |
173. |
U169 |
Benzene, nitro- |
174. |
U183 |
Benzene, pentachloro- |
175. |
U185 |
Benzene, pentachloronitro- |
176. |
U061 |
Benzene, 1,1-(2,2,2-trichloroethylidene)bis[4-chloro- |
177. |
U060 |
Benzene, 1,1-(2,2-dichloroethylidene)bis[4-chloro- |
178. |
U038 |
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-,
ethyl ester |
179. |
U035 |
Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- |
180. |
U221 |
Benzenediamine, ar-methyl- |
181. |
U020 |
Benzenesulfonic acid chloride |
182. |
U020 |
Benzenesulfonyl chloride |
183. |
U021 |
Benzidine |
184. |
U022 |
Benzo[a]pyrene |
185. |
U064 |
Benzo[rst]pentaphene |
186. |
U023 |
Benzotrichloride |
187. |
U047 |
beta-Chloronaphthalene |
188. |
U168 |
beta-Naphthylamine |
189. |
U225 |
Bromoform |
190. |
U136 |
Cacodylic acid |
191. |
U032 |
Calcium chromate |
192. |
U280 |
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester |
193. |
U409 |
Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl
ester |
194. |
U271 |
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-,
methyl ester |
195. |
U372 |
Carbamic acid, 1H-benzimidazol-2-yl,methyl ester |
196. |
U238 |
Carbamic acid, ethyl ester |
197. |
U178 |
Carbamic acid, methylnitroso-, ethyl ester |
198. |
U373 |
Carbamic acid, phenyl-, 1-methylethyl ester |
199. |
U097 |
Carbamic chloride, dimethyl- |
200. |
U114 |
Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters |
201. |
U389 |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl)ester |
202. |
U062 |
Carbamothioic acid, bis(1-methylethyl)-S-(2,3-dichloro-2-propenyl)
ester |
203. |
U387 |
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester |
204. |
U279 |
Carbaryl |
205. |
U372 |
Carbendazim |
206. |
U367 |
Carbofuran phenol |
207. |
U033 |
Carbon oxyfluoride |
208. |
U211 |
Carbon tetrachloride |
209. |
U215 |
Carbonic acid, dithallium(1+) salt |
210. |
U033 |
Carbonic difluoride |
211. |
U156 |
Carbonochloridic acid, methyl ester |
212. |
U034 |
Chloral |
213. |
U035 |
Chlorambucil |
214. |
U036 |
Chlordane, alpha and gamma isomers |
215. |
U026 |
Chlornaphazin |
216. |
U037 |
Chlorobenzene |
217. |
U038 |
Chlorobenzilate |
218. |
U044 |
Chloroform |
219. |
U046 |
Chloromethyl methyl ether |
220. |
U032 |
Chromic acid H2CrO4, calcium salt |
221. |
U050 |
Chrysene |
222. |
U051 |
Creosote |
223. |
U052 |
Cresol (cresylic acid) |
224. |
U053 |
Crotonaldehyde |
225. |
U055 |
Cumene |
226. |
U246 |
Cyanogen bromide (CN)Br |
227. |
U056 |
Cyclohexane |
228. |
U129 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)- |
229. |
U057 |
Cyclohexanone |
230. |
U058 |
Cyclophosphamide |
231. |
U059 |
Daunomycin |
232. |
U060 |
DDD |
233. |
U061 |
DDT |
234. |
U206 |
D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]- |
235. |
U062 |
Diallate |
236. |
U063 |
Dibenz[a,h]anthracene |
237. |
U064 |
Dibenzo[a,i]pyrene |
238. |
U069 |
Dibutyl phthalate |
239. |
U075 |
Dichlorodifluoromethane |
240. |
U025 |
Dichloroethyl ether |
241. |
U027 |
Dichloroisopropyl ether |
242. |
U024 |
Dichloromethoxy ethane |
243. |
U088 |
Diethyl phthalate |
244. |
U395 |
Diethylene glycol, dicarbamate |
245. |
U028 |
Diethylhexyl phthalate |
246. |
U089 |
Diethylstilbestrol |
247. |
U090 |
Dihydrosafrole |
248. |
U102 |
Dimethyl phthalate |
249. |
U103 |
Dimethyl sulfate |
250. |
U092 |
Dimethylamine |
251. |
U097 |
Dimethylcarbamoyl chloride |
252. |
U107 |
Di-n-octyl phthalate |
253. |
U111 |
Di-n-propylnitrosamine |
254. |
U110 |
Dipropylamine |
255. |
U041 |
Epichlorohydrin |
256. |
U001 |
Ethanal |
257. |
U404 |
Ethanamine, N,N-diethyl- |
258. |
U174 |
Ethanamine, N-ethyl-N-nitroso- |
259. |
U208 |
Ethane, 1,1,1,2-tetrachloro- |
260. |
U226 |
Ethane, 1,1,1-trichloro- |
261. |
U209 |
Ethane, 1,1,2,2-tetrachloro- |
262. |
U227 |
Ethane, 1,1,2-trichloro- |
263. |
U024 |
Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro- |
264. |
U076 |
Ethane, 1,1-dichloro- |
265. |
U117 |
Ethane, 1,1'-oxybis- |
266. |
U025 |
Ethane, 1,1'-oxybis[2-chloro- |
267. |
U067 |
Ethane, 1,2-dibromo- |
268. |
U077 |
Ethane, 1,2-dichloro- |
269. |
U131 |
Ethane, hexachloro- |
270. |
U184 |
Ethane, pentachloro- |
271. |
U218 |
Ethanethioamide |
272. |
U394 |
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl
ester |
273. |
U410 |
Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-,
dimethyl ester |
274. |
U173 |
Ethanol, 2,2'-(nitrosoimino)bis- |
275. |
U395 |
Ethanol, 2,2'-oxybis-, dicarbamate |
276. |
U359 |
Ethanol, 2-ethoxy- |
277. |
U004 |
Ethanone, 1-phenyl- |
278. |
U042 |
Ethene, (2-chloroethoxy)- |
279. |
U078 |
Ethene, 1,1-dichloro- |
280. |
U079 |
Ethene, 1,2-dichloro-, (E)- |
281. |
U043 |
Ethene, chloro- |
282. |
U210 |
Ethene, tetrachloro- |
283. |
U228 |
Ethene, trichloro- |
284. |
U112 |
Ethyl acetate |
285. |
U113 |
Ethyl acrylate |
286. |
U238 |
Ethyl carbamate (urethane) |
287. |
U117 |
Ethyl ether |
288. |
U118 |
Ethyl methacrylate |
289. |
U119 |
Ethyl methanesulfonate |
290. |
U067 |
Ethylene dibromide |
291. |
U077 |
Ethylene dichloride |
292. |
U359 |
Ethylene glycol monoethyl ether |
293. |
U115 |
Ethylene oxide |
294. |
U114 |
Ethylenebisdithiocarbamic acid, salts and esters |
295. |
U116 |
Ethylenethiourea |
296. |
U076 |
Ethylidene dichloride |
297. |
U120 |
Fluoranthene |
298. |
U122 |
Formaldehyde |
299. |
U123 |
Formic acid |
300. |
U124 |
Furan |
301. |
U213 |
Furan, tetrahydro- |
302. |
U125 |
Furfural |
303. |
U124 |
Furfuran |
304. |
U206 |
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D- |
305. |
U126 |
Glycidylaldehyde |
306. |
U163 |
Guanidine, N-methyl-N'-nitro-N-nitroso- |
307. |
U127 |
Hexachlorobenzene |
308. |
U128 |
Hexachlorobutadiene |
309. |
U130 |
Hexachlorocyclopentadiene |
310. |
U131 |
Hexachloroethane |
311. |
U132 |
Hexachlorophene |
312. |
U243 |
Hexachloropropene |
313. |
U133 |
Hydrazine |
314. |
U098 |
Hydrazine, 1,1-dimethyl- |
315. |
U086 |
Hydrazine, 1,2-diethyl- |
316. |
U099 |
Hydrazine, 1,2-dimethyl- |
317. |
U109 |
Hydrazine, 1,2-diphenyl- |
318. |
U134 |
Hydrofluoric acid |
319. |
U134 |
Hydrogen fluoride |
320. |
U135 |
Hydrogen sulfide |
321. |
U135 |
Hydrogen sulfide H2S |
322. |
U096 |
Hydroperoxide, 1-methyl-1-phenylethyl- |
323. |
U137 |
Indeno[1,2,3-cd]pyrene |
324. |
U140 |
Isobutyl alcohol |
325. |
U141 |
Isosafrole |
326. |
U142 |
Kepone |
327. |
U143 |
Lasiocarpine |
328. |
U144 |
Lead acetate |
329. |
U145 |
Lead phosphate |
330. |
U146 |
Lead subacetate |
331. |
U146 |
Lead, bis(acetato-O)tetrahydroxytri- |
332. |
U129 |
Lindane |
333. |
U150 |
L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- |
334. |
U015 |
L-Serine, diazoacetate (ester) |
335. |
U147 |
Maleic anhydride |
336. |
U148 |
Maleic hydrazide |
337. |
U149 |
Malononitrile |
338. |
U071 |
m-Dichlorobenzene |
339. |
U150 |
Melphalan |
340. |
U151 |
Mercury |
341. |
U152 |
Methacrylonitrile |
342. |
U092 |
Methanamine, N-methyl- |
343. |
U029 |
Methane, bromo- |
344. |
U045 |
Methane, chloro- |
345. |
U046 |
Methane, chloromethoxy- |
346. |
U068 |
Methane, dibromo- |
347. |
U080 |
Methane, dichloro- |
348. |
U075 |
Methane, dichlorodifluoro- |
349. |
U138 |
Methane, iodo- |
350. |
U211 |
Methane, tetrachloro- |
351. |
U225 |
Methane, tribromo- |
352. |
U044 |
Methane, trichloro- |
353. |
U121 |
Methane, trichlorofluoro- |
354. |
U119 |
Methanesulfonic acid, ethyl ester |
355. |
U153 |
Methanethiol |
356. |
U154 |
Methanol |
357. |
U155 |
Methapyrilene |
358. |
U247 |
Methoxychlor |
359. |
U154 |
Methyl alcohol |
360. |
U029 |
Methyl bromide |
361. |
U045 |
Methyl chloride |
362. |
U156 |
Methyl chlorocarbonate |
363. |
U226 |
Methyl chloroform |
364. |
U159 |
Methyl ethyl ketone (MEK) |
365. |
U160 |
Methyl ethyl ketone peroxide |
366. |
U138 |
Methyl iodide |
367. |
U161 |
Methyl isobutyl ketone |
368. |
U162 |
Methyl methacrylate |
369. |
U068 |
Methylene bromide |
370. |
U080 |
Methylene chloride |
371. |
U164 |
Methylthiouracil |
372. |
U010 |
Mitomycin C |
373. |
U163 |
MNNG |
374. |
U086 |
N,N'-Diethylhydrazine |
375. |
U026 |
Naphthalenamine, N,N'-bis(2-chloroethyl)- |
376. |
U165 |
Naphthalene |
377. |
U047 |
Naphthalene, 2-chloro- |
378. |
U031 |
n-Butyl alcohol |
379. |
U217 |
Nitric acid, thallium(1+) salt |
380. |
U169 |
Nitrobenzene |
381. |
U173 |
N-Nitrosodiethanolamine |
382. |
U174 |
N-Nitrosodiethylamine |
383. |
U172 |
N-Nitrosodi-n-butylamine |
384. |
U176 |
N-Nitroso-N-ethylurea |
385. |
U177 |
N-Nitroso-N-methylurea |
386. |
U178 |
N-Nitroso-N-methylurethane |
387. |
U179 |
N-Nitrosopiperidine |
388. |
U180 |
N-Nitrosopyrrolidine |
389. |
U194 |
n-Propylamine |
390. |
U087 |
O,O-Diethyl S-methyl dithiophosphate |
391. |
U048 |
o-Chlorophenol |
392. |
U070 |
o-Dichlorobenzene |
393. |
U328 |
o-Toluidine |
394. |
U222 |
o-Toluidine hydrochloride |
395. |
U115 |
Oxirane |
396. |
U041 |
Oxirane, (chloromethyl)- |
397. |
U126 |
Oxiranecarboxyaldehyde |
398. |
U182 |
Paraldehyde |
399. |
U197 |
p-Benzoquinone |
400. |
U039 |
p-Chloro-m-cresol |
401. |
U072 |
p-Dichlorobenzene |
402. |
U093 |
p-Dimethylaminoazobenzene |
403. |
U183 |
Pentachlorobenzene |
404. |
U184 |
Pentachloroethane |
405. |
U185 |
Pentachloronitrobenzene (PCNB) |
406. |
T140 |
Pentachlorophenol |
407. |
U161 |
Pentanol, 4-methyl- |
408. |
U187 |
Phenacetin |
409. |
U188 |
Phenol |
410. |
U411 |
Phenol, 2-(1-methylethoxy)-, methylcarbamate |
411. |
T140 |
Phenol, 2,3,4,6-tetrachloro- |
412. |
T140 |
Phenol, 2,4,5-trichloro- |
413. |
T140 |
Phenol, 2,4,6-trichloro- |
414. |
U081 |
Phenol, 2,4-dichloro- |
415. |
U101 |
Phenol, 2,4-dimethyl- |
416. |
U082 |
Phenol, 2,6-dichloro- |
417. |
U048 |
Phenol, 2-chloro- |
418. |
U089 |
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- |
419. |
U039 |
Phenol, 4-chloro-3-methyl- |
420. |
U170 |
Phenol, 4-nitro- |
421. |
U052 |
Phenol, methyl- |
422. |
T140 |
Phenol, pentachloro- |
423. |
U132 |
Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
424. |
U145 |
Phosphoric acid, lead(2+) salt (2:3) |
425. |
U087 |
Phosphorodithioic acid, O,O-diethyl S-methyl ester |
426. |
U189 |
Phosphorus sulfide |
427. |
U190 |
Phthalic anhydride |
428. |
U179 |
Piperidine, 1-nitroso- |
429. |
U170 |
p-Nitrophenol |
430. |
U192 |
Pronamide |
431. |
U066 |
Propane, 1,2-dibromo-3-chloro- |
432. |
U083 |
Propane, 1,2-dichloro- |
433. |
U027 |
Propane, 2,2'-oxybis[2-chloro- |
434. |
U171 |
Propane, 2-nitro- |
435. |
U149 |
Propanedinitrile |
436. |
T140 |
Propanoic acid, 2-(2,4,5-0 trichlorophenoxy)- |
437. |
U373 |
Propham |
438. |
U411 |
Propoxur |
439. |
U083 |
Propylene dichloride |
440. |
U387 |
Prosulfocarb |
441. |
U353 |
p-Toluidine |
442. |
U196 |
Pyridine |
443. |
U191 |
Pyridine, 2-methyl- |
444. |
U180 |
Pyrrolidine, 1-nitroso- |
445. |
U200 |
Reserpine |
446. |
U201 |
Resorcinol |
447. |
U202 |
Saccharin, and salts |
448. |
U203 |
Safrole |
449. |
U204 |
Selenious acid |
450. |
U204 |
Selenium dioxide |
451. |
U205 |
Selenium sulfide |
452. |
U205 |
Selenium sulfide SeS2 |
453. |
T140 |
Silvex (2,4,5-TP) |
454. |
U206 |
Streptozotocin |
455. |
U189 |
Sulfur phosphide |
456. |
U103 |
Sulfuric acid, dimethyl ester |
457. |
U210 |
Tetrachloroethylene |
458. |
U213 |
Tetrahydrofuran |
459. |
U216 |
Thallium chloride TlCl |
460. |
U214 |
Thallium(I) acetate |
461. |
U215 |
Thallium(I) carbonate |
462. |
U216 |
Thallium(I) chloride |
463. |
U217 |
Thallium(I) nitrate |
464. |
U218 |
Thioacetamide |
465. |
U410 |
Thiodicarb |
466. |
U153 |
Thiomethanol |
467. |
U244 |
Thioperoxydicarbonic diamide[(H2N)C(S)]2S2,
tetramethyl- |
468. |
U409 |
Thiophanate-methyl |
469. |
U219 |
Thiourea |
470. |
U244 |
Thiram |
471. |
U220 |
Toluene |
472. |
U223 |
Toluene diisocyanate |
473. |
U221 |
Toluenediamine |
474. |
U389 |
Triallate |
475. |
U228 |
Trichloroethylene |
476. |
U121 |
Trichloromonofluoromethane |
477. |
U404 |
Triethylamine |
478. |
U235 |
Tris(2,3-dibromopropyl) phosphate |
479. |
U236 |
Trypan blue |
480. |
U237 |
Uracil mustard |
481. |
U176 |
Urea, N-ethyl-N-nitroso- |
482. |
U177 |
Urea, N-methyl-N-nitroso- |
483. |
U043 |
Vinyl chloride |
484. |
U248 |
Warfarin, and salts, when present at concentrations of 0.3% or less |
485. |
U239 |
Xylene |
486. |
U200 |
Yohimban-16-carboxylic acid,11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-,
methyl ester,(3beta,16beta,17alpha,18beta,20alpha)- |
487. |
U249 |
Zinc phosphide Zn3P2, when present at concentrations
of 10% or less |
SCHEDULE 8
(Subparagraph 2(2)(e)(i))
EXCLUDED MATERIALS
Item |
Description |
1. |
Slags, skimmings and dross containing precious metals, copper or
zinc for further refining |
2. |
Platinum group metal (PGM) automobile catalysts |
3. |
Electronic scrap such as circuit boards, electronic components and
wires that are suitable for base or precious metal recovery |
4. |
Brass in the form of turnings, borings and choppings |
SCHEDULE 9
(Section 4)
MOVEMENT DOCUMENT
(INSERT
GRAPHICS HERE)
SCHEDULE 10
(Paragraphs 8(k) and 38(1)(b))
PERSISTENT ORGANIC POLLUTANTS
Item |
Column 1
Identification
No. |
Column 2
Persistent
Organic Pollutant |
Column 3
Concentration |
1. |
POP1 |
Aldrin |
50 mg/kg |
2. |
POP2 |
Chlordane |
50 mg/kg |
3. |
POP3 |
Dieldrin |
50 mg/kg |
4. |
POP4 |
Endrin |
50 mg/kg |
5. |
POP5 |
Heptachlor |
50 mg/kg |
6. |
POP6 |
Hexachlorobenzene |
50 mg/kg |
7. |
POP7 |
Mirex |
50 mg/kg |
8. |
POP8 |
Toxaphene |
50 mg/kg |
9. |
POP9 |
Polychlorinated Biphenyls (PCB) |
50 mg/kg |
10. |
POP10 |
DDT (1,1,1-Trichloro-2,2-bis(4-chlorophenyl)ethane) |
50 mg/kg |
11. |
POP11 |
Polychlorinated dibenzo-p-dioxins (PCDD) |
15 µg TEQ/kg |
12. |
POP12 |
Polychlorinated dibenzofurans (PCDF) |
15 µg TEQ/kg |
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
The purpose of the Export and Import of Hazardous Waste and Hazardous
Recyclable Material Regulations (hereafter referred to as the Regulations)
to be adopted under section 191 of the Canadian Environmental Protection
Act, 1999 (CEPA 1999) is to protect Canada's environment and the
health of Canadians from the risks posed by the transboundary movement
of hazardous wastes and hazardous recyclable materials through exports
from and imports into Canada and to implement Canada's international obligations.
The Regulations will revoke and replace the former Export and Import
of Hazardous Wastes Regulations (EIHWR) adopted in 1992 under the
authority of the former Canadian Environmental Protection Act.
The Regulations revise the existing obligations under the former EIHWR
and introduce new elements. These revisions and new elements are necessary
to further contribute to the protection of the environment and human health,
to adapt to evolving international obligations, to incorporate new authorities
under CEPA 1999, and to modernize the EIHWR control regime established
over a decade ago. The most significant revisions and new elements include:
-
definitions for "hazardous waste" and "hazardous
recyclable material" that will enable:
> progress toward a federal-provincial-territorial harmonized approach
to the management of hazardous waste and hazardous recyclable material;
> Canada to prohibit the export of wastes or recyclable materials
when informed by a Basel Party in accordance with the Basel Convention,
or by the United States, that although the waste or recyclable material
is not included on the Basel lists, it is considered hazardous under
the legislation of that country and the country has prohibited its import
or transit;
-
specific time periods for completing the disposal
or recycling operations once the hazardous wastes or hazardous recyclable
materials are accepted at the authorized facilities;
-
criteria that the Minister will take into account,
prior to refusing to issue an export, import and transit permit, to
form an opinion as to whether the hazardous waste or hazardous recyclable
material will be managed in a manner that will protect the environment
and human health;
-
elements to be contained in the plans for reduction
or phase out of exports of hazardous wastes destined for disposal;
-
facilitation of recycling, by excluding from the
definition of hazardous recyclable material certain low-risk recyclable
materials, and by extending the $1 million liability insurance requirement
for Canadian importers and Canadian exporters to movements of hazardous
recyclable materials (in the former Regulations, the requirements were
$1 million for movement of hazardous recyclable materials within the
Organisation for Economic Co-operation and Development (OECD), and $5
million for movements of hazardous recyclable materials to non-OECD
countries, in contrast with the $5 million required for movements of
hazardous wastes); and
-
A movement document harmonized with that used
by the provinces that will meet international movements as well as provincial
requirements.
The Regulations maintain the following requirements of the former EIHWR:
-
the prior informed consent mechanism where the
receiving country agrees in advance to any shipments;
-
the tracking of all transboundary movements of
hazardous wastes and hazardous recyclable materials from the facility
from which it is shipped to final destinations, and the written confirmation
of disposal or recycling when completed;
-
the prohibitions on exports of hazardous wastes
and hazardous recyclable materials to Antarctica or countries that prohibit
their imports;
-
conditions governing who is permitted to import
or export;
-
the recycling of hazardous material and disposal
of hazardous waste only at authorized facilities;
-
the requirements for contracts between importers
and foreign exporters, and between exporters and foreign receivers;
-
the requirements for liability insurance and what
insurance coverage is required;
-
the obligations to make alternative arrangements
or arrange for returns when shipments are not accepted at the intended
authorized facility in the country of import. The exporter may dispose
of the hazardous waste or recycle the hazardous material at an authorized
facility other than the one named in the permit, in the country of import
or arrange for the return of the waste or the recyclable material to
the facility in Canada from which it was shipped; and
-
the requirement that imports, exports and transits
are only allowed with countries that are parties to one of the three
agreements (see footnote 3).
Although the Regulations maintain the core framework of the former EIHWR,
the structure and the language of the Regulations is substantially changed
from the former EIHWR, which provides for a greater clarity of the legal
requirements.
Environment Canada still intends to issue a 30-day tacit consent for
hazardous recyclable materials, and allow for the application for pre-approved
recycling facilities for hazardous recyclable materials that are exported
to, or imported from, a country that is Party to the OECD Decision C(2001)107/Final,
in addition to the 30-day tacit consent for hazardous wastes and hazardous
recyclable materials under the Canada-U.S.A. Agreement. Provisions have
not been included in the Regulations, as it has been determined that they
can be best addressed administratively.
Under the former EIHWR, following notification from the person intending
to export, import or convey in transit the hazardous waste or hazardous
recyclable material, Environment Canada provided this person with an acknowledgement
that the notification was complete. In accordance with the OECD Decision
and the Canada-U.S.A. Agreement, Environment Canada was sending this notification
for consent to foreign country counterpart, in the case of an export,
or to the provincial/territorial authority, in the case of an import.
Environment Canada must receive acknowledgement from the authority of
the jurisdiction to whom has been sent the notification. If no objection
was provided to Environment Canada by the jurisdiction within 30 days
after this acknowledgement, a permit may be issued. The same mechanism
will be used under the Regulations.
A pre-approved recycling facility is a facility that has been approved
in advance by the competent governmental authority in that country to
receive shipment of certain types of waste destined for recycling. In
the case of a Canadian facility, the Canadian recycler may apply to have
his/her facility pre-approved by submitting the relevant information outlined
by the OECD Decision C(2001)107/Final including name and address of the
facility, the intended recycling operation and the type of recyclable
material to which the pre-approval applies, and the period covered. This
information was forwarded to the province in question, in addition to
any additional information they may require, after which they may grant
approval for the facility to receive a certain quantity of a specific
recyclable material over a given period of time. The same mechanism will
be used under the Regulations.
Background
Canada's International Obligations
Over the last decade, various modifications to Canada's international
obligations on transboundary movements of hazardous wastes and hazardous
recyclable materials have emerged. Canada is a Party to three international
agreements relating to wastes and recyclable materials, namely:
-
the Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal, 1989; (the Basel Convention)
-
the OECD Decision of Council Concerning the Control of Transboundary
Movements of Wastes Destined for Recovery Operations, C(92)39/Final,
1992, as amended and replaced by C(2001)107/Final; and
- the Canada-United States Agreement Concerning the Transboundary
Movement of Hazardous Wastes, 1986 (as amended in 1992).
On August 28, 1992, Canada ratified the Basel Convention. The Basel
Convention controls the transboundary movements of hazardous wastes and
hazardous recyclable materials, and promotes their environmentally sound
management. In 1992, Canada complied with its international obligations
by bringing the former EIHWR into force.
Since March 1992, the transboundary movements of hazardous wastes destined
for recycling operations between Member countries of the OECD have been
supervised and controlled according to Council Decision C(92)39/FINAL.
The OECD Decision provides a framework to control transboundary movement
of hazardous recyclable materials within the OECD area, in an environmentally
sound and economically efficient manner.
The Canada-U.S.A. Agreement, which came into effect in 1986 and was
later amended in 1992, is intended to ensure that hazardous waste and
municipal solid waste destined for final disposal crossing the Canada-U.S.
border comply with each country's domestic law and the provisions of the
Agreement. It confirms basic principles recognized by both countries for
the proper control of transboundary movements of hazardous wastes and
other wastes, including a prior informed consent regime.
During the past 10 years, various modifications have been made to the
three international agreements on transboundary movements of hazardous
wastes and hazardous recyclable materials. The most significant ones are
discussed below.
In February 1998, Parties to the Basel Convention adopted an amendment
to add two new detailed wastes lists to the Basel Convention: the hazardous
waste list (Annex VIII) and the non-hazardous waste list (Annex IX), which
entered into force on February 27, 1999.
The adoption of the new waste Annexes under the Basel Convention was
the driver behind the revisions to the OECD Decision C(92)39/Final. Recognizing
the need to revise procedures and requirements and enhance harmonization
with the Basel Convention, the Parties adopted the Council Decision C(2001)107/Final
in 2001.
The revised OECD Decision modified the controls for hazardous recyclable
material and reduced three levels of control down to two: controlled and
not controlled. The revised OECD Decision represents a risk-based approach
in determining levels of controls for hazardous recyclable materials,
while the approach under the Basel Convention takes into account hazard
characteristics. Therefore, Parties to the OECD Decision have determined
that certain recyclable materials pose negligible risks for the environment
and human health during their transboundary movement within the OECD area,
and do not require controls during their transboundary movement. If, however,
these recyclable materials are contaminated by other materials to an extent
that increases risk to the environment or prevents the recycling of the
materials in an environmentally sound manner, they must comply with the
requirements for the controlled category of hazardous recyclable materials
during their transboundary movement.
The revised OECD Decision does impose a general requirement that all
recyclable materials, including those that are not controlled, must be
recycled at an authorized facility. This is to ensure that the recycling
will take place in an environmentally sound manner according to national
laws, regulations and practices, in addition to other existing controls
normally applied in commercial transactions.
In line with the revised OECD Decision, the definition of "hazardous
recyclable material" in the Regulations excludes four streams of recyclable
materials (see Schedule 8 of the Regulations) that are not controlled
within the OECD. These four streams of recyclable materials are controlled,
however, if they are contaminated by other materials to an extent that
increases risks to the environment or prevents the recycling of the materials
in an environmentally sound manner.
In 1999, the OECD started working toward the development of an international
Environmentally Sound Management (ESM) guideline to improve and harmonize
the environmental practices of hazardous waste management facilities in
OECD countries. Workshops were held by Environment Canada in order to
elaborate and develop the elements of an ESM framework. The OECD Council
adopted the Council Recommendation on Environmentally Sound Management
of Waste on June 9, 2004. This work was used as the basis to develop the
criteria in the Regulations, through which the Minister can refuse to
issue a permit if he or she is of the opinion that the hazardous waste
or hazardous recyclable material will not be managed in a manner that
will protect the environment and human health.
National Context
In Canada, the federal, provincial and territorial governments have
the authority to set controls to manage hazardous wastes and hazardous
recyclable materials. The federal government regulates the transboundary
movements of hazardous wastes and hazardous recyclable materials i.e.
exports from and imports into Canada as well as interprovincial/territorial
movements. The provincial and territorial governments establish the controls
for the licensing of hazardous wastes and hazardous recyclable material
generators, carriers and treatment facilities, as well as regulating intraprovincial
movements. The common objective for each government jurisdiction is to
ensure that these wastes and recyclable materials are handled safely and
in a manner that protects the environment and human health.
Since 1992, the volume of hazardous wastes and hazardous recyclable
materials exported from Canada has slightly increased, due largely to
increased recyclable materials going to the U.S. for recycling. Imports
to Canada reached an all-time high in 1999. The 1999 statistics revealed
that the rate of increase in imports is explained by the difference in
standards for pre-treatment of waste within Canada, by differing environmental
liabilities between Canada and the U.S., and by the lower Canadian dollar.
In 2000, federal, territorial and provincial Ministers initiated work
on implementing ESM practices for handling hazardous wastes and hazardous
recyclable materials within their jurisdictions. As a result, imports
have declined between 2001 and 2003.
The Canadian Council of Ministers of the Environment have identified
numerous opportunities to move toward harmonization of the relevant federal-provincial-territorial
regimes, particularly in defining what is a "hazardous waste" and "hazardous
recyclable material."
On March 31, 2000, CEPA 1999 came into force. CEPA 1999 includes new
authorities with respect to hazardous wastes and hazardous recyclable
materials that did not exist under the former CEPA. Some of the most noteworthy
are as follows:
-
to prohibit exports, imports or transits of wastes
and recyclable materials where required by Canada's international obligations;
-
to develop criteria that the Minister will take
into account, prior to refusing to issue an export, import and transit
permit, as to whether the hazardous wastes and hazardous recyclable
materials will be managed in a manner that will protect the environment
and human health;
-
to issue permits for the "equivalent level of
environmental safety," allowing for variances from the regulations under
specific conditions; and
-
to require exporters or class of exporters to
prepare and implement plans to reduce or phase out exports of wastes
destined for final disposal, if requested by the Minister.
Prior to 2002, the tracking requirements for hazardous wastes and hazardous
recyclable materials were under the Transportation of Dangerous Goods
Regulations (TDGR), made pursuant to the Transportation of Dangerous
Good Act, 1992. The introduction in CEPA 1999, of a new authority
to control the movement of hazardous wastes and hazardous recyclable materials,
signalled the intent of the Government of Canada to transfer this authority
from the Transportation of Dangerous Goods Act. In August 2002,
the movement document-tracking requirements were removed from the TDGR.
Simultaneously with this repeal, amendments to the former EIHWR with respect
to the tracking of exports and imports of hazardous wastes and hazardous
recyclable materials through the use of a movement document system came
into force.
Environment Canada considered further improvements to the former EIHWR
to further protect the environment and human health, and to provide greater
clarity to the regulatory regime for export, import and transit of hazardous
wastes and hazardous recyclable materials. Canada's evolving international
obligations, as well as the broader scope of the export, import and transit
provisions of CEPA 1999, led Environment Canada to develop the Regulations.
The Regulations will come into force at the date specified in the Regulations.
Alternatives
Three major categories of alternatives were examined: (1) to maintain
the status quo with the former EIHWR; (2) the use of non-regulatory instruments;
and (3) to modernize the regulatory regime.
1. Maintain status quo
The option of maintaining the status quo with the former EIHWR was rejected,
because the Regulations needed to be modernized in response to evolving
national and international obligations, as discussed above. The regulatory
regime had been in place for over a decade, and experience had shown that
the administrative requirements needed to be streamlined to enhance its
efficiency and effectiveness.
2. Use of non-regulatory instruments
By ratifying the Basel Convention, Canada committed to fulfill the obligations
set out in this international Convention. The Basel Convention requires
Parties to implement obligations on exports, imports, and transits of
hazardous wastes and hazardous recyclable materials, and the only way
to do so in a compulsory manner is through legislation and regulations.
Hence, non-regulatory instruments were excluded from possible options
by the nature of the international requirements.
3. Modernize the regulatory
regime
Hazardous wastes and hazardous recyclable materials management within
Canada has evolved. Progress has been made in the past 10 years with respect
to pollution prevention and strengthening of legislative authorities for
wastes and recyclable materials management under CEPA 1999. In addition,
modifications to the international agreements on transboundary movements
of hazardous wastes and hazardous recyclable materials have emerged. Action
is required to strengthen the controls of the transboundary movements
of wastes and recyclable materials, implement CEPA 1999 authorities that
require regulations, adapt to the changes in the international agreements,
and modernize a control regime that has been in place for over a decade.
As previously mentioned, the Basel Convention specifies that Parties have
to set conditions for exports, imports, and transits of hazardous wastes
and hazardous recyclable materials through regulations. For these reasons,
regulations under CEPA 1999 were determined to be the most appropriate
implementation mechanism.
Benefits and Costs
The Regulations are designed to bring changes that are built around
the core framework outlined in the former EIHWR, as previously outlined
above.
Benefits
In the case of hazardous wastes and hazardous recyclable materials handling,
damages, such as the contamination of groundwater or surrounding soil,
can be generated from poor management and inappropriate practices. Setting
out ESM criteria for the Minister to consider when deciding to refuse
issuing a permit will strengthen the current controls to further protect
the environment and human health. In addition, it is expected that prescribing
the information which must be contained in plans to reduce the exports
of hazardous wastes destined for final disposal will lead to better management
of wastes in Canada and potentially increased recycling instead of disposal.
The Regulations exclude from its definition of hazardous waste certain
low-risk recyclable materials destined for recycling, if they meet certain
elements set out in the definition. This will enhance the protection of
the environment by promoting recycling of valuable resources. This will
also result in cost savings to the industry.
Total incremental benefits to the industry were quantified, by conducting
a survey of organizations involved in the export and import of hazardous
wastes and hazardous recyclable materials. The survey data results were
used to estimate incremental benefits accrued mainly from cost savings
to the industry, by adopting a streamlined approach under the Regulations.
The cost savings are in the form of:
- streamlining the regulatory framework by allowing the submission
of the notification and movement document electronically by Portable
Document Format (PDF) including working toward the on-line submission
of notice and movement document forms;
- exempting small quantities of hazardous wastes and hazardous recyclable
materials from the Regulations;
- submission by exporters and importers of proof of insurance (insurer
name and policy number) as opposed to certificate of insurance or entire
policy with shipments;
- removal of restrictions on the number of hazardous wastes or hazardous
recyclable materials streams to be identified in each notice;
- presentation of the movement document and permit (not the notice)
at the border;
- clearer rules on returns and rerouting of imports; and
- streamlined movement document procedures for recyclers for shipments
from OECD countries.
Table 1, below, provides an estimate of cost-savings breakdown per year
per firm. The survey questionnaire used to estimate the cost savings was
based on 30 responses representing organizations across Canada, and in
aggregate accounted for more than 42 per cent of annual shipments of hazardous
wastes and hazardous recyclable materials. These cost savings vary among
individual firm or region, but on average, using a 5 per cent discount
rate and a 5-year time horizon, total aggregate present value of such
cost savings (perceived as benefits) to the industry are estimated at
about $3.07 million. Using 3 per cent and 7 per cent discount rates, the
values of these direct benefits to the industry are assessed at approximately
$3.19 million and $2.97, respectively. This result indicates that benefits
are not significantly sensitive to a change in the discount rate.
Table 1. Estimated cost savings ($/firm/year)
Benefits |
Cost Savings |
Streamlining |
$2,835 |
Small quantity exemption |
$101 |
Insurance confirmation |
$4,609 |
No restriction on waste per notice |
$1,277 |
No notice at border |
$384 |
Return and rerouting clearer |
$260 |
Total |
$9,466 |
Incremental environmental and human health benefits accruing from the
Regulations are a significant part of the benefits. However, because it
would be necessary to isolate them from the former EIHWR, their quantification
is technically very difficult. On the other hand, there are established
linkages between the changes made to the current Regulations and associated
benefits to the environment and human health by streamlining and improving
the controls of transboundary movements of hazardous wastes and hazardous
recyclable materials. Reducing the risk of damage to the environment and
human health are of primary importance, particularly in handling the hazardous
wastes and hazardous recyclable materials. These benefits are represented
not only in the reduction of monetary costs associated with the protection
of the environment or human health, but also through reduction in risk
of damage occurring as outlined above, and the value that can be achieved
through recycling rather than export for disposal. Potential damages from
the mismanagement of transboundary movements of hazardous wastes and hazardous
recyclable materials include:
-
groundwater contamination;
-
damages to vegetation and aquatic life; and
-
damages to human health.
Many of the hazardous wastes and hazardous recyclable materials can
pose a threat to water, vegetation and human health if released into the
environment. Impacts on human health can vary, depending on the substances
that may be part of the particular type of wastes to which a person may
be exposed. Exposure can be by skin contact or ingestion of contaminants.
The risk to human health associated with hazardous wastes and hazardous
recyclable materials depends on exposure and toxicity. Other benefits
include avoidance of personal injury or death, property damage, response
and clean-up costs.
In addition, there are also other unquantifiable benefits resulting
from improved environmental protection related to the incorporation of
the broader authorities for export, import and transit of hazardous wastes
and hazardous recyclable materials under CEPA 1999, as well as meeting
Canada's international obligations. These include the ESM criteria and
the Minister's authority to refuse to issue a permit if he or she is of
the opinion that a proposed shipment of hazardous wastes or hazardous
recyclable materials will not be managed in an environmentally sound manner,
and may pose an adverse effect on the environment and human health. There
was no authority under the previous CEPA to create such criteria.
Costs
The Regulations contain a number of elements that may lead to increases
in costs for the hazardous waste recycling and disposal industry involved
in the import and export of hazardous wastes and hazardous recyclable
materials. A survey questionnaire was also used to elicit the information
about the potential compliance cost increases by the organizations involved
in the export and import of hazardous wastes and hazardous recyclable
materials. In the questionnaire, increases in costs were evaluated in
the following areas:
- the new requirement that the exported or imported hazardous wastes
or hazardous recyclable materials must be disposed of or recycled within
one year;
- ensuring that facilities are operated in an ESM; and
- in the case of exports for disposal, a statement will be required
that options for minimizing waste and engaging in recycling have been
examined.
It is important to note that the Regulations do not require exporters
and importers to submit a declaration that an ESM system is in place.
However, it is expected that the industry will be diligent in ensuring
that facilities are operating in an ESM, and, accordingly, it may incur
minor administrative costs if industry is requested to provide information
specified in the Regulations to the Minister.
The respondents indicated that there were costs associated with identified
new regulatory requirements. The survey data results for these compliance
cost items are summarized in Table 2 below.
Table 2 - Compliance costs to industry ($/firm/year)
New Requirements |
Estimated Cost |
ESM |
$10,558* |
Dispose or recycle time requirement |
$1,050 |
Reviewed export reduction options |
$5,960 |
Total |
$17,568 |
*One-time cost only
The data in Table 2 show that the above new requirements generate compliance
cost increases for firms. Using these data and aggregating them at the
national level, the total cost increase for the industry, for the first
year of the Regulations, is estimated to be about $0.93 million. The ESM
costs are one-time costs only. Excluding ESM costs, other costs in subsequent
years are estimated to be about $0.17 million. Using a five-year time
horizon and a discount rate of 5 per cent, the discounted value of these
incremental costs, following the introduction of these new regulatory
requirements, is estimated at approximately $1.55 million. Using discount
rates of 3 per cent and 7 per cent, the present values change to about
$1.58 million and $1.52 million, respectively, indicating that the estimated
costs are not significantly sensitive to variations of discount rates.
In addition, costs accrued to the federal government to implement and
enforce the new regulatory requirements of the Regulations were estimated.
These incremental costs are related to the implementation and enforcement
of the Regulations. Elements related to the implementation fall into the
following categories:
-
compliance promotion;
-
applying the ESM criteria;
-
plans for reduction or phase-out of the export
of wastes for final disposal; and
-
administrative streamlining and database improvement.
It was estimated that the annual costs for the implementation and enforcement
of the new requirements were approximately $1.14 million the first year,
$0.76 the second year, and $0.62 million in subsequent years. The annual
enforcement costs were estimated at $0.98 million the first year, decreasing
to $0.63 million in subsequent years. The discounted value of the implementation
and enforcement costs of the new regulatory requirements of the new framework
was approximately $3.74 million, of which $3.20 million are required for
enforcement. The discounted value was calculated over the same five-year
time horizon used for benefits. Similarly, sensitivity results (by changing
the discount rate to 3 per cent and 7 per cent) showed little difference
in such costs.
The new regulatory requirements of the Regulations that will require
inspection and other enforcement activities are verification of the following:
- compliance with the time periods for completing disposal or recycling
operations once the hazardous waste or hazardous recyclable material,
as the case may be, has been accepted at the authorized facility;
- the accuracy of the information contained in the confirmation of
disposal or recycling, as the case may be, that are required to be submitted
to the Minister within 30 days of the completion of the disposal or
recycling operation;
- compliance with the elements of the plans for reduction of export
of hazardous wastes that are being shipped outside Canada for final
disposal;
- the accuracy of the information provided to the Minister which take
into account the ESM criteria set out in the regulations, and allow
the Minister to determine whether to refuse an export, import or transit
permit; and
- whether or not the insurance held by an exporter or importer, as
the case may be, does meet the liability insurance requirements of the
Regulations.
Section 190 of CEPA 1999 allows the Minister to grant Permits of Equivalent
Level of Environmental Safety (PELES) that replace the requirements of
a regulation made under section 191 with other terms and conditions, as
long as the Minister is satisfied that these variances will provide a
level of environmental safety that is equivalent to that which would exist
under the Regulations. The authority to grant such permits was previously
under the Transportation of Dangerous Goods Act. Under CEPA 1999,
the Minister may receive application for such permits. Environment Canada
will undertake inspections to verify compliance with the PELES and will
take the required measures to deal with non-compliance identified through
those inspections.
In addition, inspections may later require further follow-up for reasons
such as verifying that an alleged violation has been corrected or that
measures set out in an environmental protection compliance order have
been complied with.
Environment Canada has been carrying out an increased level of enforcement
activity with respect to the current Regulations, for which resources
have been allocated. This increased level of enforcement activity will
be maintained under the Regulations. This is required mostly to enhance
security at the Canadian border related to the transboundary movements
of wastes and recyclable materials. Enforcement costs also need to take
into account investigations of alleged violations and prosecution, in
addition to inspections to verify compliance with court orders that may
be issued by a judge following conviction of an offender.
Based on this estimation, the aggregate cost, including the cost of
compliance by the industry and the cost to federal government, was estimated
at approximately $5.29 million.
Non-allocative Impacts
Non-allocative impacts of the Regulations, such as transfers within
society, resulting for example from price changes; disproportionate burdens
on particular groups in society, including employment impacts and other
impacts differentiated by income level, region, or size of firm; changes
in the degree of competition in the Canadian marketplace, and impacts
on the competitiveness and trade were also considered. There may be some
non-allocative impacts with the provisions of the Regulations, but an
overall impact does not appear to be significant.
There appears to be no evidence of impacts on sales revenue, employment,
extent of competition in Canadian marketplace and regional distribution,
competitiveness and trade. Such impacts will be either minimal or negligible.
However, to the extent that there are economies of scale in complying
with the Regulations, smaller firms or some regions may be at somewhat
of a disadvantage. Overall, there appears to be no evidence suggesting
any impacts.
Conclusion
Precise estimates of the economic impacts of the Regulations are difficult
to quantify, particularly the benefits of risk reduction in environment
and human health (by adopting ESM criteria, export reduction plans, strengthening
Canada's compliance with international obligations); and increase in efficiency
(by streamlining the administrative requirements for the transboundary
movement of hazardous wastes and hazardous recyclable materials). However,
other quantifiable benefits in the form of cost saving to the industry
are $3.07 million. These quantified benefits do not represent the entire
value of benefits, as they do not take into account all unquantified benefits
that would be generated. The net quantified benefits of the Regulations
are estimated at about -$2.22 million. However, it is estimated that if
other benefits were quantified, the Regulations would generate an overall
positive net benefit to society.
Consultation
Three rounds of consultations were held, in 2001, 2002 and 2003, respectively.
During each round, a series of multi-stakeholder sessions were held at
different locations across the country (in 2001: Moncton, Montréal,
Edmonton, Vancouver; and in 2002 and 2003: Halifax, Calgary, Toronto,
Montréal, Vancouver). In each round, the attendees included representatives
from environmental non-governmental organizations (ENGOs), industry, carriers,
hazardous wastes management companies and other government departments
(including Transport Canada, Natural Resources Canada, Industry Canada,
Health Canada, and the Department of Foreign Affairs and International
Trade). Throughout the consultations, a number of common themes emerged.
These included harmonization, linkages to other federal policies, the
recyclable dynamics, usability and simplicity of regulations, community
right to know and focus on enforcement activities.
The consultations process, which began in 2001, was designed to take
place prior to Environment Canada having formulated its own policy choices
on the key elements surrounding the revisions to the former EIHWR. The
main objectives of the first round of consultations were to inform stakeholders
and interested groups of the key issues being addressed in the EIHWR amendments,
in addition to seeking and collecting their input on these issues and
any additional concerns.
The main objectives of the second round of consultations were to review
and solicit feedback on the direction of the Regulations, and to generate
consensus on major issues. There were a numbers of common issues that
the majority of participants expressed including the need:
-
to better facilitate and promote recycling through the Regulations;
-
to differentiate the regulatory regimes for hazardous waste and hazardous
recyclable material;
-
to revisit liability and insurance levels;
-
to further develop issues concerning export reduction plans; and
-
to clarify ESM and its potential application to the Regulations.
The purpose of the third round of consultations, in early 2003, was
two fold:
- to present and obtain feedback on a fairly comprehensive set of revisions
to the existing regulatory regime; and
-
to discuss and refine options to address a small number of outstanding
issues related to the Regulations.
The following were the major aspects of discussions during these consultations
with general feedback from the participants:
-
definition of issues and scope of proposals;
-
balancing privacy of corporate information with the public right to
know;
-
ESM;
-
controls on low-risk recyclables; and
-
plans for the reduction or phase out of the export of hazardous wastes
destined for disposal.
Some stakeholders expressed concern over the use of lists to identify
hazardous wastes and hazardous recyclable materials. Environment Canada
indicated that small- and medium-sized enterprises are often not able
to afford the cost of testing for hazardous properties. The new definitions
of "hazardous waste" and "hazardous recyclable material" use both a listing
approach and hazardous-property criteria. The Regulations use lists preferentially,
followed by hazardous property testing. This approach is consistent with
both the Basel Convention and the OECD Decision C(2001)107/Final. In addition,
the list of hazardous wastes and hazardous recyclable materials was reviewed
to ensure compatibility to the greatest extent possible with the controls
in the U.S., since more than 95 per cent of the trade in hazardous wastes
and hazardous recyclable materials is with the U.S.
The purpose of ESM is to ensure that hazardous wastes and hazardous
recyclable materials are managed in a manner that will protect the environment
and human health against adverse effects that may result from such wastes
and recyclable materials. There was general agreement on the concept of
ESM, but there were concerns that the requirements in the Regulations,
which were presented at the consultations, would represent an important
administrative burden to stakeholders for minimal environmental benefit,
given that most movements already meet the criteria of ESM. The provinces
and territories are also in agreement with the general concept and need
for ESM, but expressed concern about how the criteria would be applied
given the shared jurisdiction of the provinces and territories in the
management of wastes and recyclable materials and their authority over
facilities. The Regulations do take into account this shared jurisdiction,
and require as a condition that is separate from the ESM criteria, that
facilities must be authorized by the jurisdiction in which they are located.
ENGOs expressed concern that the ESM criteria were process-oriented rather
than performance-based, and were therefore not likely to result in any
real changes in industrial practices. The Regulations list the various
criteria the Minister may consider when deciding upon refusing issuance
of a permit under subsection 185(2) of CEPA 1999. These criteria are based
on the work being done internationally by the OECD and comments from public
consultations. However, the main purpose of the Regulations is to control
the transboundary movements of hazardous wastes and hazardous recyclable
materials, and, as such, the ESM criteria do not set performance standards
for facilities.
ENGOs also indicated that Canadians ought to have prior knowledge of
hazardous wastes and hazardous recyclable materials movements through
their communities. They indicated that this would need to be true of returns
and re-routing as well. Industry representatives, while not opposed to
some form of prior publication, expressed concerns that the information
requested may be confidential in nature. Environment Canada will further
examine what information can be made publicly available.
Some stakeholders indicated that they would like to see exemptions directly
in the Regulations for certain categories of low-risk recyclable materials
that are valuable secondary feedstocks for the recycling industry. Environment
Canada reviewed their proposal and the fact that some of these low-risk
recyclable materials are not controlled as hazardous under the revised
OECD Decision, unless they are contaminated by other materials to an extent
which increases the risk associated with the waste or prevents the recovery
of the waste in an environmentally sound manner. In the U.S., these materials
are exempt when they are destined for recycling. The definition of "hazardous
recyclable material" in the Regulations effectively excludes certain low-risk
recyclable materials from being regulated if they meet the elements set
out in the definition. The nature of the definition, together with certain
other provisions, is expected to promote sustainable recycling, thereby
enhancing the protection of the environment by promoting recycling of
valuable materials.
With respect to export-reduction plans, some stakeholders expressed
doubt over the ability of the requirements to impact behaviour and result
in export reductions. Some stakeholders suggested that the export-reduction
requirements would increase the overall administrative burden and would
provide minimal environmental benefits. The export-reduction-plan provisions
of the Regulations have been modelled on provisions related to disposal
at sea, and contain elements from the pollution-prevention-planning provisions
in Part 4 of CEPA 1999. The provisions seek to have export for final disposal
to be considered as a last resort, rather than the first option. The Department
is taking into account the burden on industry; hence, the information
required in an export-reduction plan are the minimum necessary to secure
a genuine reduction, while still allowing for consideration by exporters
of the benefits of the most appropriate disposal facility, even if outside
Canadian boundaries.
Over the summer and fall 2003, further discussions took place with the
provinces and territories via the CEPA National Advisory Committee and
the Canadian Council of Ministers of the Environment. Discussions addressed
the definitions for hazardous waste and hazardous recyclable material,
criteria for ESM, and the management of low-risk recyclable materials.
The input from the provinces and territories was taken into account in
the development of the Regulations, to ensure harmonization to the extent
possible with the provinces and territories' approach for the management
of hazardous wastes and hazardous recyclable materials.
In summary, prior to pre-publication in the Canada Gazette,
Part I, the Regulations were developed with input from extensive consultations
with stakeholders. Overall, there was a good level of support for this
initiative. The majority of industry stakeholders supported the Regulations,
as it exempts certain low-risk recyclable materials and streamlines the
administrative requirements. The provinces and territories were in agreement
that the new definition for hazardous waste and hazardous recyclable material
would enable progress toward a federal-provincial-territorial harmonized
approach to the management of wastes and recyclable materials. The provinces
and territories also supported the concept of ESM; however, they were
concerned with its implementation. ENGOs had concerns with some elements
of the Regulations, namely the ESM criteria. They were also of the view
that Canadians should be informed of recyclable shipments prior to the
occurrence of these shipments.
Comments Received following the Pre-Publication of the Regulations
in the Canada Gazette, Part
I, on March 20, 2004
The Regulations were pre-published in the Canada Gazette, Part
I, on March 20, 2004. The pre-publication was followed by the 60-day public
review period during which comments were received from environmental groups,
an international organization, one law firm, provincial governments, industry
associations, industry, and a member of the public. The comments were
mainly supportive of the proposed revisions and suggested some changes.
All the comments received during the public review period were considered
and taken into account during the development of the final regulatory
text. A detailed report on the comments received and Environment Canada's
responses to these comments is available on EC's web site "CEPA Environmental
Registry". Following the publication of the Regulations in Part II of
the Canada Gazette, and prior to their coming into force, information
sessions are planned for interested parties to ensure that new requirements
are well understood, thus promoting their compliance.
The following comments were received:
> A number of industry and industry association stakeholders recommended
that the Regulations be harmonized with either provincial regimes or the
approach taken in U.S. Regulations. Environment Canada agrees that the
Regulations should be harmonized with those of the U.S. to the extent
possible. The definitions of hazardous waste and hazardous recyclable
material are harmonized with those of the U.S. using both a hazardous
characteristic and listing approach. Furthermore, with respect to materials
which are being recycled, both the Basel Convention and OECD Decision
set out specific requirements that are to be implemented through domestic
legislation. The Regulations meet these international obligations. It
is important to note that the U.S. is not Party to the Basel Convention
and does not control many materials in the same way as required by Parties
to the Basel Convention, including Canada.
> An ENGO stakeholder commented that the decoupling of the definitions
was not supported, while an industry association commented that decoupling
of the definitions does not truly de-link recyclables from wastes; hence
do not effectively promote recycling activities in Canada. On the other
hand, an international organization questioned the need for the distinction.
Furthermore, a number of industry and industry association stakeholders
supported the distinction of separate definitions but felt that separate
regulations, one for wastes and one for recyclable material, would facilitate
recycling and address stigma issues surrounding the recycling industry.
Environment Canada fully supports measures which will promote a sustainable
recycling industry. However, a single regulation is consistent with the
Basel Convention, in which wastes include recyclable materials. A single
regulation is also aligned with the Smart Regulation principles. One regulation
avoids duplicating regulatory regimes, ensures streamlining and integrated
policy objectives, minimizes resources for both industry and government
for implementation, is in line with international and provincial approaches,
and provides enhancement from a compliance, safety and security perspectives.
Environment Canada nevertheless recognizes the stigma issue and to that
effect, has worked with industry to evaluate what concrete actions could
be taken. As a result, Environment Canada has re-named the manifest tracking
document to movement document. In addition, the Canadian importer or exporter
may now sign the movement document on behalf of the foreign exporter or
importer if the recyclable, or waste, is not regulated in the country
of origin or of destination. This eliminates regulatory burden for the
Canadian industry's foreign counterpart (mostly the U.S.).
> Comments were received by both industry and industry association stakeholders
recommending that the former manifest be harmonized with that used by
the provinces. Environment Canada agrees with this recommendation and
is proposing a movement document harmonized with that used by the provinces
that will meet international as well as provincial requirements. The prescribed
form will also meet the requirements for shipping document under the clear
language Transportation of Dangerous Goods Regulations (TDGR).
> Comments were received by both industry and industry associations
asking why the requirement to keep the movement document was changed from
2 to 3 years. Environment Canada's response is that it is necessary to
comply with international obligations under the OECD Decision which require
these documents be kept for 3 years.
> A number of stakeholders requested clarification with regards to paragraphs
1(1)(g) and 2(1)(g) on the definitions of hazardous
waste and hazardous recyclable material in the Regulations. Environment
Canada's response is that both the definition of hazardous waste and hazardous
recyclable material will allow Canada to prohibit the export of wastes
and recyclable materials if a country has declared them hazardous under
the Basel Convention and prohibits the import. These wastes and recyclable
materials will be considered hazardous for the purpose of the Regulations,
and will therefore not be granted an export permit.
> A provincial stakeholder commented that a derived-from rule should
be included in the definition of hazardous waste and hazardous recyclable
material. A "derived from rule" implies that a material that was once
a hazardous waste or hazardous recyclable material will retain that classification
even after treatment, unless delisted. Environment Canada has not retained
this approach. The Regulations will apply to wastes and recyclable materials
that would exhibit hazardous characteristics as set by definitions. Following
an export or import of the hazardous waste or hazardous recyclable material
and the subsequent disposal or recycling, residues must be managed in
accordance with domestic legislation.
> Several stakeholders requested clarification with regards to the applicability
of the leachate and environmentally hazardous criteria in the Regulations.
Industry and industry association stakeholders commented that the leachate
test should not be applied to hazardous recyclable materials. Environment
Canada agrees with the recommendation that the criteria for leachability
and environmentally hazardous be clarified in the Regulations. Accordingly,
provisions have been made to include both of these criteria directly into
the Regulations whereby clarifying that to determine leachability using
the American test called Toxicity Characteristic Leaching Procedure (TCLP),
the waste or recyclable material need not be shredded. The TCLP is used
as a measure of the availability and mobility of hazardous constituents
since recyclable materials may come into contact with the environment
in various circumstances such as improper stockpiling. The hazardous characteristics
set out in the Regulations will apply to both hazardous wastes and hazardous
recyclable materials.
> A number of industry and association stakeholders commented that the
Regulations should provide exemptions for the hazardous waste disposal
industry for the purpose of testing in addition to the small quantity
exemption. Environment Canada clarifies that the exemption for the purpose
of testing hazardous recyclable materials is in accordance with the modified
control regime of the OECD Decision for wastes destined for recycling.
This exclusion applies to hazardous recyclable material when shipped within
the OECD, and does not exceed 25kg/L for the purpose of testing or analysis.
The Basel Convention does not allow for a similar exclusion and as a result,
the Regulations do not include a similar provision for the case of wastes
destined for disposal. The small quantity exemption of 5kg/5L is consistent
with the exemptions set out under the TDGR.
> A number of industry and association stakeholders commented that the
Regulations include exemptions for household hazardous waste and returned
products. Environment Canada clarifies that the intent of the minimum
quantity is to exempt wastes that are of household origin and to control
depots and transfer stations. In addition, specific exemptions for household
hazardous wastes and hazardous recyclable materials have been incorporated
into the Regulations. The "return to manufacturer" refers to the return
of products to manufacturers for refill. The Regulations do not control
the export or import of products when it is neither a hazardous waste
nor a hazardous recyclable material. The Regulations would apply when
these hazardous residuals would be exported or imported for disposal or
recycling.
> An industry stakeholder commented that the pH range (pH < 2.5 or >
11.5) for corrosivity be revised to be harmonized with that of the U.S.
(pH < 2.0 or > 12.5). Environment Canada clarifies that in August 2002,
Transport Canada amended the TDGR, which included updating the hazard
classifications to align them with the 11th edition of the UN Recommendations
while also adopting the OECD Guideline No. 404 for corrosion. As a result
of the amendment to the TDGR, the revised hazard characteristics were
incorporated into the former EIHWR since this Regulation made use of Class
8 to set out corrosivity. Environment Canada proposes to continue using
the criteria for corrosives (Class 8) as referenced in the TDGR in the
current Regulations to harmonize with Canadian Regulations and international
guidance. Consequently, any material that would not be considered a Class
8 under TDGR would not be controlled under the current Regulations.
> A number of comments were received by both industry and industry association
stakeholders recommending that a provision for the on-line submission
of information be allowed. An industry association also questioned the
industry savings due to streamlining procedures based on e-filing of notices
and movement document. Rather than prescribing through regulation the
methods through which the movement document may be submitted to the Minister,
these methods will be addressed administratively through compliance promotion
material. Environment Canada is working towards the on-line submission
of both notices and movement documents while also proposing to allow the
submission of the movement document, and notice, electronically by PDF.
> A number of comments were received by both industry and industry association
stakeholders stating that they felt that 5 days as set out in the Regulations,
did not provide sufficient time to accept a shipment. Environment Canada
agrees with the comment as 5 days may not be sufficient time to undertake
the type of analysis that is required for facilities to accept wastes
or recyclable materials. Accordingly, this provision has been removed
from the Regulations. Rather than prescribing a time period, the Regulations
remain silent since the jurisdiction in which the facility is located
will typically set out how long a waste or material may be stored until
it is required to be disposed of or recycled respectively.
> An association stakeholder commented that a permit should not be required
to return a hazardous waste or hazardous recyclable material. Environment
Canada clarifies that the regulatory making authority in Part 7, Division
8 of CEPA 1999 provides the authority to import, export or convey in transit
hazardous waste or hazardous recyclable material. In order to return a
waste or recyclable material, and meet the requirements of CEPA 1999 a
new export or import permit must be obtained. The conditions of export
or import are flexible as they are not limited to the original generator
of the waste or material but are extended to anyone intending to undertake
its export or import.
> Industry and industry association stakeholders also commented that
the Regulations should allow that the wastes or recyclable materials may
be returned to another facility, as opposed to the originator. The return
provisions in the Regulations are intended to facilitate the return of
wastes and recyclable materials if the disposal or recycling cannot be
completed in accordance with the notification, contract and permit. If
the wastes or recyclable materials are to be returned to a new facility,
a new notification and contract must be submitted to Environment Canada
and a new permit is necessary, as required by Canada's international agreements.
> A number of industry and industry association stakeholders requested
that permits be extended from 1 year to 3 years, in particular to pre-approved
facilities. In response, Environment Canada has indicated that all permits
may only be valid for up to 1 year in accordance with both the Basel Convention
and OECD Decision. For permits issued to pre-approved facilities, they
will be valid for up to 3 years in accordance with the OECD Decision C(2001)107/Final.
The pre-approval process will be addressed through administrative procedures
based on the OECD Decision which outlines minimum requirements for pre-approval.
The minimum information required for pre-approval will be outlined in
compliance promotion material.
> A number of industry, association and provincial stakeholders provided
comments with respect to the prescribed timing set out in the Regulations
for confirmation of disposal or recycling. Environment Canada's response
is that final disposal or recycling must occur within 1 year, following
the interim disposal or recycling. The requirements set out by the OECD
Decision must be met by all parties to the Decision.
> A number of industry and industry association stakeholders recommended
that delisting through testing out should be considered. Environment Canada
agrees that only waste or recyclable material that exhibits hazardous
characteristics should be controlled. The Regulations maintain controls
for hazardous waste and hazardous recyclable materials that meet the hazardous
criteria set in the definitions.
> It was suggested by a province and two ENGO stakeholders that waste
export reduction plans should equally apply to imports of hazardous waste
and should not be limited to exports. In addition the reduction plans
should apply to all four streams: exports of both hazardous wastes and
hazardous recyclable materials and imports of both hazardous wastes and
hazardous recyclable materials. One industry and one industry association
commented that the waste management industry should not be subject to
the plans since several factors drive the necessity for exports. Environment
Canada clarified that subsection 188(1) of CEPA 1999 provides the Minister
with the authority to request an exporter, or class of exporters to submit
and implement a plan for the purpose of reducing or phasing out the export
of the waste. Therefore, if the waste management industry intends to export
hazardous wastes for final disposal, they may be required to submit a
plan at the Minister's request. It is important to note that paragraph
191(g) of CEPA 1999 takes into account proximity or the benefit
of using the nearest appropriate disposal facility and the increased production
of goods which generates hazardous wastes to be disposed. The Regulations
specify the information to be included in such plans.
> An industry and industry association commented that the detail to
be provided in an export reduction plan is far more detailed than necessary
for the purpose of the regulations, imposing requirements that are too
demanding which are part of market studies and could create confidentiality
issues. Environment Canada's response is that the exporter who submits
the plan may wish to ask that it be treated as confidential under CEPA
1999 if it contains confidential information. Environment Canada agrees
with the recommendation that some of the information requirements may
be too demanding. Accordingly, more practical provisions have been included
in the Regulations.
> An industry association expressed concern over the new administrative
cost as well as the omission in the Regulatory Impact Analysis Statement
(RIAS) of costs associated with training, tracking, compliance or document
retention generated by the new movement document to be incurred by the
hazardous waste industry. Moreover, the association requested that these
costs be addressed specifically to Ontario's hazardous waste industry.
Environment Canada's response is that the Regulations now include a movement
document harmonized with that used by the provinces and accordingly, Environment
Canada did not identify a new movement document form as a cost issue.
The costs are expected to be minimal with no major impact on net benefits.
Therefore, no additional costs are expected for industry.
> An ENGO stakeholder commented that the conditions of ESM should include
specific environmental performance requirements. Environment Canada clarifies
that the criteria in the Regulations reflect the criteria used by the
OECD and are meant to implement the progress that has been made at the
international level.
> Industry and industry association stakeholders expressed concern about
the obligation placed on the exporter to certify that the receiver applies
the principles of ESM and it was also unclear for them how the Minister
will ensure activities are managed in an environmentally sound manner.
Environment Canada's response is that the ESM criteria provide the basis
on which the Minister may decide to refuse to issue a permit to import,
export or transit a hazardous waste or hazardous recyclable material if
he or she is of the opinion that the hazardous waste or hazardous recyclable
material will not be managed in a manner that will protect the environment
and human health. Therefore, certification of ESM will not be required
prior to the issuance of a permit.
> An industry stakeholder highlighted that the RIAS indicates that the
ESM criteria will result in a one-time cost to stakeholders, and was not
certain if this was the case. Environment Canada foresees the ESM costs
being a one-time cost as outlined by the RIAS. As indicated above, the
Regulations do not require exporters and importers to submit a declaration
that an ESM system is in place. However, it is expected that the industry
will be diligent in ensuring that facilities are operating in an ESM,
and, accordingly, it may incur minor administrative costs if industry
is requested to provide information specified in the Regulations to the
Minister.
> A number of industry and industry association stakeholders recommended
that the process used by EC to formulate Schedule 8 should be shared with
industry and a mechanism should be developed to add more materials to
this list. Environment Canada clarified that the risk-based criteria are
found in Appendix 6 to the OECD Decision C(2001)107/Final; this document
is available to the public. The OECD Decision outlines the process to
assign wastes destined for recycling in the OECD area to Appendix 3 (not
requiring controls) and Appendix 4 (requiring controls) in subpart B.
If a member country wishes to apply these risk based criteria to manage
Appendix 4 wastes as Appendix 3 wastes, that country must notify the OECD
Secretariat outlining the rationale for this decision. If a member country,
however, wishes to assign additional wastes to Appendix 3, that country
must submit an application to the Basel Convention. Environment Canada
will consider further clarification through compliance promotion material.
> Provincial and industry stakeholders recommended that the definition
of biomedical waste should be further clarified to restrict contamination
for materials that are saturated with blood or bodily fluids rather than
those that have been in contact with them. In addition, it was felt that
the definition should be harmonized with that of the provinces, in particular
providing a clarification of cytotoxic wastes, and the relation to Risk
Groups. Environment Canada agrees with the recommendation and accordingly,
provisions have been incorporated to restrict the definition of biomedical
waste to capture those wastes that are saturated with blood or bodily
fluids, consistent with the Canadian Council of Ministers of the Environment
definition. In addition cytotoxic wastes have been clarified to be included
as a sub-class to the definition of biomedical waste, consistent with
the approach taken by some provinces, including Ontario and British Colombia.
The definition of biomedical waste has also been clarified to control
solid animal wastes only if infected or suspected to be infected with
Risk Groups 3 or 4 under the TDGR.
> A province asked why the threshold quantity was set at 500L when many
provinces regulate this waste oil as hazardous wastes at lower quantities.
Environment Canada indicated that the listing was set at a 500 L threshold
to ensure that transboundary movements of used oil resulting from farming
operations or personal use is not subject to the Regulations.
> With respect to spent glycols, industry and provincial stakeholders
commented that glycol does not require new controls. Environment Canada
agrees with the recommendation that glycol do not require controls for
the purpose of the Regulations since they do not exhibit any hazardous
characteristic. Accordingly, glycol has been removed from the list in
the Regulations.
> A number of industry and association stakeholders requested that triggers
be set for the declaration of Schedule 10 Persistent Organic Pollutants
(POPs) and should be consistent with those being used by the Stockholm
Convention. Environment Canada agrees with the recommendation and accordingly,
these levels have been set, consistent with the low POP content being
used by the Basel Convention "General technical guidelines for the environmentally
sound management of wastes consisting of, containing or contaminated with
persistent organic pollutants (POPs)".
> A number of industry and association stakeholders expressed comments
with respect to the listing of vanadium pentoxide set out in Appendix
5 of the TDGR and the incorporation of this listing by reference as the
list should be corrected to read "vanadium pentoxide non fused form".
Environment Canada agrees with this comment. In addition, rather than
incorporating Appendix 5 of Part 2 of the TDGR by reference, this schedule
is included directly in the Regulations, and the listing has been clarified
to specify "vanadium pentoxide, non-fused form".
> A number of industry and association stakeholders commented that the
proposal to list treated wood was broader in scope and would result in
additional costs, therefore, they requested that this listing be removed.
Environment Canada agrees that this listing was broader in scope than
the former regulatory controls and accordingly has removed the listing
of treated wood from Schedule 3 of the Regulations. By so doing, treated
wood would be controlled under the Regulations when it exhibits hazardous
characteristics as per the general definition of hazardous waste or hazardous
recyclable material. This maintains status quo with the former EIHWR and
would not result in any additional costs.
> Provincial and industry stakeholders suggested that the codes for
the lists found in Schedule 4 should be harmonized with those set out
by the Ontario Ministry of the Environment (MOE) and the U.S. Environment
Canada agrees with the recommendation and as a result, the lists have
been re-coded to be harmonized with those used by the Ontario MOE and
the U.S. EPA.
> Industry stakeholders noted that regulatory limit under Code No. L100
should be 0.0000015 mg/L Toxicity Equivalent (TEQ). Environment
Canada agrees that there was a transcription error with No. L100 in Schedule
5. Accordingly, this has been corrected to refer to 0.0000015 mg/L TEQ.
> A number of industry and association stakeholders recommended that
provisions on Permits of Equivalent Level of Environmental Safety (PELES),
in addition to a mechanism for conditional exclusions, be included in
the Regulations. Environment Canada's response is that the conditions
for applying and granting PELES were not included in the Regulations to
avoid duplication since the PELES making authority already exists in the
Act (section 190). The PELES can still be used to address variances to
the Regulations. Environment Canada will consider further addressing the
issuance of PELES in the compliance promotion material.
> Environmental groups commented that there was inadequate public access
to information and decision-making regarding notification, while an industry
stakeholder commented that is necessary to protect all the information
that relates to a commercial nature. Environment Canada is not required
to consult with the public prior to issuing a permit under section 185
of CEPA 1999. Environment Canada will further examine what information
can be made publicly available. It is important to note that information
that may be confidential in nature is not to be released to public.
> A number of stakeholders had comments with respect to the Interprovincial
Movement of Hazardous Wastes Regulations (IMHWR) and any amendments
to those Regulations that may occur as a result of the Regulations, specifically
with respect to the movement document and the impact of the new definitions.
Environment Canada will take these comments into consideration in addressing
the IMHWR.
Compliance and Enforcement
As the Regulations are promulgated under CEPA 1999, enforcement officers
will, when verifying compliance with the Regulations, apply the Compliance
and Enforcement Policy implemented under the Act. The Policy outlines
measures designed to promote compliance, including education, information,
promoting of technology development, and consultation on the development
of the Regulations. The Policy also sets out the range of possible responses
to violations, including: warnings, directions, environmental protection
alternative measures (which are an alternative to a court trial after
the laying of charges for a CEPA 1999 violation). In addition, the Policy
explains when Environment Canada will resort to civil suits by the Crown
for costs recovery.
When, following inspection or an investigation, an enforcement officer
discovers an alleged violation, the officer will choose the appropriate
enforcement action based on the following factors:
-
Nature of the alleged violation: this includes consideration of the
damage, the intent of the alleged violator, whether it is a repeat violation,
and whether an attempt has been made to conceal information or otherwise
subvert the objectives and requirements of the Act.
-
Effectiveness in achieving the desired result with the alleged violator:
the desired result is compliance within the shortest possible time and
with no further repetition of the violation. Factors to be considered
include the violator's history of compliance with the Act, willingness
to cooperate with enforcement officers, and evidence of corrective action
already taken.
-
Consistency: enforcement officers will consider how similar situations
have been handled in determining the measures to be taken to enforce the
Act.
Contacts
Ms. Lyne Monastesse
Transboundary Movement Branch
Environmental Protection Service
Environment Canada
Place Vincent Massey
351 St. Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: (819) 953-1121
FAX: (819) 997-3068
E-mail: Lyne.Monastesse@ec.gc.ca
Ms. Céline Labossière
Regulatory and Economic Analysis Branch
Policy and Communications
Environment Canada
TLC 10 Wellington Street
Gatineau, Quebec
K1A 0H3
Telephone: (819) 997-2377
FAX: (819) 997-2769
E-mail: Celine.Labossiere@ec.gc.ca
Footnote a
S.C. 2004, c. 15, s. 31
Footnote b
S.C. 1999, c. 33
Footnote c
S.C. 1999, c. 33
Footnote 1
SOR/2002-317
Footnote 2
SOR/92-637
Footnote 3
The three international agreements are the Basel Convention: http://www.basel.int/text/documents.html;
the OECD Decision: http://www.olis.oecd.org/olis/2001doc.nsf/linkto/c(2001)107
and the Canada / U.S.A. Agreement: http://www.ec.gc.ca/tmb/eng/tmbcanusaag_e.html
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