| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 137, No. 48 — November 29, 2003 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Proposed Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Nonylphenol (NP) and its Ethoxylates (NPEs) Contained in Products PROPOSED NOTICE The Minister of the Environment proposes to publish, pursuant to the provisions of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the following Notice. The Final Notice will require the preparation and implementation of pollution prevention plans in respect of Nonylphenol and its Ethoxylates contained in products. This substance is specified on the List of Toxic Substances in Schedule 1 of CEPA 1999. The Final Notice will apply to persons who, in addition to other criteria, manufacture or import soap and cleaning products, or processing aids used in textile wet processing, or pulp and paper processing aids containing nonylphenol and its ethoxylates. Any person may, within 60 days after the date of publication of this proposed Notice, file to the Minister of the Environment comments with respect to the Notice. All comments must cite the Canada Gazette, Part I, the date of publication of this Notice, and be addressed to the Executive Director, National Office of Pollution Prevention, Environment Canada, Place Vincent Massey, 351 Saint-Joseph Boulevard, 13th Floor, Gatineau, Quebec K1A 0H3. After receiving and considering comments on this proposed Notice, the Minister of the Environment proposes to publish the Final Notice in the Canada Gazette, Part I.
JOHN ARSENEAU
NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF NONYLPHENOL AND ITS ETHOXYLATES CONTAINED IN PRODUCTS Notice is hereby given that, pursuant to the provisions of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Minister of the Environment requires the persons or classes of persons identified in section 1 of this Notice to prepare and implement pollution prevention plans in respect of Nonylphenol and its Ethoxylates contained in products. This substance is specified on the List of Toxic Substances in Schedule 1 of CEPA 1999. A non-exhaustive list of commonly used Nonylphenol (NP) and its Ethoxylates (NPEs) CAS (see footnote 1) Registry Numbers used in Canadian industry is found in the Instruction Insert associated with this Notice (see section 17 of this Notice for information on how to get copies of this Instruction Insert). 1. Person or class of persons required to prepare and implement a pollution prevention plan (1) This Notice applies to any person or class of persons who, (a) (i) owns or operates a facility that manufactures soap and cleaning products, or processing aids used in textile wet processing, or pulp and paper processing aids; or
(b) purchases or otherwise acquires 2 000 kg or more of NP and/or NPEs, including but not limited to, raw NP and/or NPEs, NP and/or NPEs in formulations, and NP and/or NPEs in final products in at least one calendar year between January 1, 2003, and December 31, 2012, for any of the activities outlined in section 2; (2) Despite subsection (1), this Notice does not apply to any person or class of persons who (a) has totally eliminated the use of NP and/or NPEs from the activities referred to in section 2 at the time of publication of the Final Notice in the Canada Gazette; or (b) is subject to the requirements of the Final Pollution Prevention Planning Notice, code P2TMENPE, targeting the wet processing textile industry. 2. Activities in relation to which the plan is to be prepared When the persons identified in section 1 prepare and implement the plan, the Minister requires that the scope of the plan include the following activities: (a) the manufacture of soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids, excluding those for export to another country; and (b) the import of soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids, excluding those for export to another country. 3. Factors to be considered in preparing the plan The Minister requires all persons identified in section 1 to consider the following factors when preparing their pollution prevention plan: (1) The Risk Management Objective for NP and/or NPEs Contained in Products A reduction of NP and/or NPEs in soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids manufactured in or imported into Canada as per the following reduction targets and timelines:
The base year is 1998, or the first calendar year after 1998 where the person subject to the Final Notice has purchased or otherwise acquired 2 000 kg or more of NP and/or NPEs, for the activities outlined in section 2. (2) NP and NPEs were declared toxic under section 64 of the CEPA 1999 and added to the List of Toxic Substances in Schedule 1 of CEPA 1999. Many acute and chronic toxic effects of NP have been reported in a variety of aquatic biota, including fish, invertebrates and algae. Release of NP and NPEs in Canada can result in environmental concentrations that exceed the levels of concern. The Priority Substances List Assessment Report for both NP and NPEs can be found at http://www2.ec.gc.ca/substances/ese/eng/psap/final/main.cfm. Paper copies of the NP and NPEs Priority Substances List Assessment Reports can be acquired by contacting the Inquiry Centre, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, 1-800-668-6767. (3) In preparing a plan, priority is to be given to pollution prevention activities, that is, the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health. (4) In order to achieve the risk management objective set out in subsection 3(1), persons subject to the Final Notice shall consider using the best available techniques economically achievable. These techniques include, but are not limited to: (a) for the manufacture of products containing NP and/or NPEs: product reformulation including substitution of NP and/or NPEs or reduction of NP and/or NPEs concentration in products to the maximum extent possible; (b) for the import of products containing NP and/or NPEs: ensuring that imported products contain no NP and/or NPEs or contain only the minimum concentration of NP and/or NPEs necessary to achieve the desired result. (5) Persons subject to the Final Notice shall consider including accurate concentrations of NP and/or NPEs in products (if any) on each product's label. (6) Persons subject to the Final Notice shall consider choosing alternatives to NP and/or NPEs that reduce or minimize environmental risks. Considerations should include the following: (a) the Priority Substance List Assessment Report for NP and NPEs indicates that Octylphenol (OP) and its Ethoxylates (OPEs) have similar toxicological properties and possibly greater estrogenic properties than NP and NPEs. Therefore, OP and/or OPEs are not appropriate alternatives to NP and/or NPEs since their use may amplify rather than reduce the risk to the environment; (b) the chosen alternatives should not have, through their degradation, the potential to produce NP and/or NPEs. 4. Period within which the plan is to be prepared (1) If a person is subject to the Final Notice on the date of publication in the Canada Gazette, the Minister requires that the plan be prepared and implementation be initiated no later than June 30, 2005. (2) If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette, the Minister requires that the plan be prepared and implementation be initiated no later than six months of becoming subject to the Final Notice. 5. Period within which the plan is to be implemented (1) If a person is subject to the Final Notice on the date of publication in the Canada Gazette, the Minister requires that the plan be implemented no later than December 31, 2010. (2) If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette, the Minister requires that the plan be implemented no later than 36 months of becoming subject to the Final Notice. 6. Content of the plan Persons identified in section 1 preparing the plan are to determine the appropriate content of their own plan; however, the plan must meet all the requirements of the Final Notice. It must also contain the information required to file the Declaration of Preparation referred to in section 8 and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 9 and the Interim Progress Reports referred to in section 11. 7. Requirement to keep plan Under section 59 of CEPA 1999, all persons identified in section 1 shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared. Where a single plan is jointly prepared for more than one facility, a copy of that plan must be kept at each facility. 8. Declaration of Preparation Under subsection 58(1) of CEPA 1999, all persons identified in section 1 shall file, within 30 days after the end of the period for the preparation of the plan specified in section 4 or extended under section 13, a written Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Nonylphenol and its Ethoxylates to the Minister using the form that the Minister provides and that contains the information set out in Schedule 1 of this Notice. Where a person has prepared a single plan for several facilities, each of those facilities must file a separate Declaration of Preparation. Section 17 provides further information regarding this form. 9. Declaration of Implementation Under subsection 58(2) of CEPA 1999, persons identified in section 1 shall file, within 30 days after the end of the period for the implementation of the plan specified in section 5 or extended under section 13, a written Declaration That a Pollution Prevention Plan Has Been Implemented — Nonylphenol and its Ethoxylates to the Minister using the form that the Minister provides and that contains the information set out in Schedule 5 of this Notice. Where a person has prepared a single plan for several facilities, each of those facilities must file a separate Declaration of Implementation. Section 17 provides further information regarding this form. 10. Filing of amended declarations Under subsection 58(3) of CEPA 1999, where a person identified in section 1 has filed a declaration under section 8 or 9, and the declaration contains information which, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after the time that the information became false or misleading using the appropriate form referred to in section 8 or 9. 11. Interim Progress reports All persons identified in section 1 shall file, on or before each of the dates below, a written Interim Progress Report — Nonylphenol and its Ethoxylates to the Minister using the form that the Minister provides and that contains the information set out in Schedule 4 of this Notice. If a Declaration of Implementation is submitted before an Interim Progress Report is due, the requirement to submit such an Interim Progress Report is nullified. (1) If a person is subject to the Final Notice on the date of publication in the Canada Gazette, — Interim Progress Report No. 1 must be filed no later than January 31, 2007. — Interim Progress Report No. 2 must be filed no later than January 31, 2008. — Interim Progress Report No. 3 must be filed no later than January 31, 2010. (2) If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette, — Interim Progress Report No. 1 must be filed no later than 13 months after becoming subject to the Final Notice. — Interim Progress Report No. 2 must be filed no later than 25 months after becoming subject to the Final Notice. Each Interim Progress Report will report data pertaining to the previous calendar year. Where a person has prepared a single plan for several facilities, each of those facilities must file all of the Interim Progress Reports required. Section 17 provides further information regarding this form. Where a person has filed an Interim Progress Report that contains information that at any time after the filing has become false or misleading, that person shall file an amended report to the Minister within 30 days after the time that the information became false or misleading. 12. Use of a plan prepared or implemented for another purpose Under subsection 57(1) of CEPA 1999, a person may use a plan in respect of pollution prevention prepared or implemented for another purpose to meet the requirements of sections 1 to 7. Under subsection 57(2) of CEPA 1999, where a person uses a plan that does not meet all of the requirements of the Notice, the person shall amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. Persons using existing plans must nonetheless file a Declaration of Preparation under section 8, a Declaration of Implementation under section 9, amended declarations under section 10 where applicable, and any Interim Progress Reports required under section 11. 13. Extension of time (1) Under subsection 56(3) of CEPA 1999, where the Minister is of the opinion that further time is necessary to prepare the plan as specified in section 4 or to implement the plan as specified in section 5, the Minister may extend the period for a person who submits a written Request for Time Extension — Nonylphenol and its Ethoxylates using the form that the Minister provides and that contains the information set out in Schedule 3 of this Notice before the expiry of the date referred to in the applicable section 4 or section 5 or before the expiry of any extended period. Section 17 provides further information regarding this form. (2) Where the Minister is of the opinion that further time is necessary to file an Interim Progress Report under section 11, the Minister may extend the date on which the Interim Progress Report must be filed for a person who submits a written Request for Time Extension — Nonylphenol and its Ethoxylates using the form that the Minister provides and that contains the information set out in Schedule 3 of this Notice, before the date referred to in section 11 for which the person is requesting the extension or before the expiry of any extended period. Section 17 provides further information regarding this form. 14. Application for waiver of factors to consider Under subsection 56(5) of CEPA 1999, the Minister may waive the requirement for a person to consider a factor specified in section 3 where the Minister is of the opinion that it is not reasonable or practicable to consider that factor on the basis of reasons provided by that person when submitting a written Request for Waiver of the Requirement to Consider a Factor or Factors — Nonylphenol and its Ethoxylates using the form that the Minister provides and that contains the information set out in Schedule 2 of this Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared referred to in section 4 or before the expiry of any extended period. Section 17 provides further information regarding this form. 15. More information on pollution prevention planning Additional information on pollution prevention and preparing pollution prevention plans is available from the National Office of Pollution Prevention Web site (www.ec.gc.ca/nopp), the CEPA Environmental Registry (http://www.ec.gc.ca/CEPAregistry), the Canadian Pollution Prevention Information Clearinghouse (www.ec.gc.ca/cppic), and Environment Canada's regional offices. Copies of Environment Canada's Pollution Prevention Planning Handbook, including a model plan, are available at http://www.ec.gc.ca/NOPP/DOCS/P2P/hbook/En/index.cfm. 16. Reference Code: P2NPE For administrative purposes, all communication with Environment Canada concerning this Notice should refer to the following reference code: P2NPE. 17. Forms Forms referred to in this notice are to be submitted to:
National Office of Pollution Prevention
Electronic copies of this Notice and instructions for completing the associated forms are available from the National Office of Pollution Prevention Web site, at www.ec.gc.ca/nopp. A copy of the forms referred to in this Notice can be requested by telephone at (819) 994-0186, by facsimile at (819) 953-7970, or by electronic mail at CEPAP2Plans@ec.gc.ca. The Minister of the Environment intends to publish, in part, the information provided in response to this Notice on Environment Canada's Green Lane Web site. All persons providing information to the Minister are entitled to submit a written request under section 313 of CEPA 1999 that specific information be treated as confidential. Persons submitting such a request may include the reasons of that request. 18. Environment Canada contact information For questions about this Notice, or more information about pollution prevention planning, contact the National Office of Pollution Prevention or Environment Canada's regional offices:
National Office of Pollution Prevention
For residents of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, and New Brunswick
Environmental Protection Branch — Atlantic Region
For residents of Quebec
Environmental Protection Branch — Quebec Region
For residents of Ontario
Environmental Protection Branch — Ontario Region
For residents of Manitoba, Saskatchewan, Alberta, the Northwest Territories, and Nunavut
Environmental Protection Branch — Prairie and Northern Region
For residents of British Columbia and Yukon
Environmental Protection Branch — Pacific and Yukon Region
EXPLANATORY NOTE (This note is not part of the notice.) Compliance with CEPA 1999 is mandatory under subsection 272(1) of CEPA 1999. Subsection 272(2) of CEPA 1999 defines the penalties for persons who commit offences under CEPA 1999. Subsections 273(1) and 273(2) further outline the terms and penalties of those persons providing false or misleading information. Penalties under both subsections 272(2) and 273(2) include fines of not more than $1 million, imprisonment for a term of not more than three years, or both. For additional information on CEPA 1999, the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 and on applicable penalties, please contact the Enforcement Branch at (819) 994-0907. The Policy is available at http://www.ec.gc.ca/CEPARegistry/enforcement/CandEpolicy.pdf. SCHEDULE 1
Information to Be contained in a Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Nonylphenol and its Ethoxylates 1.0 Information on the Person or Class of Persons Subject to the Notice, namely, Name of the person or class of persons subject to the notice, facility name, street address of the facility, telephone number (including area code), e-mail (if available); Mailing address of facility (if different from street address); National Pollutant Release Inventory ID (if no ID, leave blank) and six-digit North American Classification System (NAICS) Code; and Facility technical contact, e-mail (if available), telephone number (including area code), fax number (including area code) (if available). 2.0 Use of Plans Prepared or Implemented for Another Purpose, namely, Indication whether the pollution prevention plan used to fulfil the obligations of the Notice is a pollution prevention plan that was previously prepared on a voluntary basis; and Indication whether the pollution prevention plan used to fulfil the obligations of the Notice is a pollution prevention plan that was previously prepared for another government or under another Act of Parliament; if so, identification of the other government requirements or Acts of Parliament. 3.0 Substance and Activity, namely, Substance and activity for which information is required: NP and/or NPEs used in manufacturing of products; or NP and/or NPEs imported in products. 4.0 Baseline Information Prior to Implementation of the Pollution Prevention (P2) Plan, namely, In the case of a person subject to the Notice on the date of publication in the Canada Gazette: New Preparation Year for which the person is reporting (if a time extension to prepare a plan has been granted by the Minister); and Base Year for which the person is reporting. Notes: The Preparation Year is January 1 to December 31, 2003, unless the person subject to the Notice has been granted a time extension by the Minister to prepare a plan that requires reporting for a new Preparation Year (other than 2003). The Base Year is January 1 to December 31, 1998, or the first calendar year (January 1 to December 31) since 1998 in which the person has purchased or otherwise acquired 2 000 kg or more of NP and/or NPEs for the activities outlined in section 2 of the Notice. In the case of a person subject to the Notice after the date of publication in the Canada Gazette: Preparation Year for which the person is reporting; or New Preparation Year for which the person is reporting (if a time extension to prepare a plan has been granted by the Minister). Notes: Since the persons became subject to the Notice after the date of publication in the Canada Gazette, the Preparation Year is the year against which results will be compared. As such, the Base Year and the Preparation Year are the same. All references to the Base Year throughout this Declaration must therefore be disregarded, as the information submitted for the Preparation Year will be considered Base-Year information as well. The Preparation Year is the calendar year (January 1 to December 31) in which the person met the criteria in section 1 of the Notice, unless the person subject to the Notice has been granted a time extension by the Minister to prepare a plan that requires reporting for a new Preparation Year. 4.1 No data required 4.2 On-Site Uses for NP and/or NPEs Used in the Manufacturing of Products, namely, Total quantity, in kilograms, of on-site uses of NP and/or NPEs in the Preparation Year and the Base Year, basis of estimate code, and type of on-site use. 4.3 No data required 4.4 No data required 4.5 Additional Baseline Information 4.5.1 NP and/or NPEs Imported in Products, namely, Total quantity, in kilograms, of NP and/or NPEs (as part of a final product) imported in the Base Year and the Preparation Year and basis of estimate code. 4.5.2 All Manufactured or Imported Products Containing NP and/or NPEs, namely, List of all products manufactured or imported in the Preparation Year, whether each product was imported or manufactured and concentration of NP and/or NPEs present in each product. 5.0 Anticipated Actions and Results 5.1 Anticipated Actions, namely, 5.1.1 Anticipated actions to be taken in implementing the plan; 5.1.2 Types of pollution prevention methods; 5.1.3 Other types of environmental protection methods; 5.1.4 Anticipated changes to annual uses, releases, or transfers of NP and/or NPEs from implementing the actions; 5.1.5 Baseline elements affected; and 5.1.6 Planned completion date. 5.2 Total Anticipated Results for NP and/or NPEs Used in the Manufacturing of Products, namely, Total changes to annual uses of NP and/or NPEs anticipated, in kilograms and as a percentage relative to both the Preparation Year and the Base Year, to be achieved from implementing only the anticipated actions to be taken in implementing the pollution prevention plan. 5.3 Detailed Anticipated Results Information for NP and/or NPEs imported in products, namely, Total anticipated change to annual imports of NP and/or NPEs, in kilograms and as a percentage relative to both the Preparation Year and the Base Year, to be achieved from implementing only the anticipated actions to be taken in implementing the pollution prevention plan. 6.0 Monitoring and Reporting, namely, Description of the anticipated monitoring and reporting that will be used to track progress in implementing the pollution prevention plan. 7.0 Risk Management Objective, namely, Description of how the pollution prevention plan meets the risk management objective identified in subsection 3(1) of the Notice or reason it does not meet the risk management objective. 8.0 Factors to Consider, namely, Description of what was done to take into account the "factors to consider" in subsections 3(3), 3(4), 3(5) and 3(6) of the Notice, except those factors for which a waiver has been granted by the Minister. 9.0 Certification, namely, Certification that a pollution prevention plan has been prepared and is being implemented for NP and/or NPEs and that the information provided is true, accurate and complete; signature of the person subject to the Notice or duly authorized representative; date; name; title/position. SCHEDULE 2 Information to Be Contained in a Request for Waiver of the Requirement to Consider a Factor or Factors — Nonylphenol and its Ethoxylates (Subsection 56(5) of CEPA 1999) 1.0 Information on the Person or Class of Persons Subject to the Notice, namely, Name of the person or class of persons subject to the notice, facility name, street address of the facility, telephone number (including area code), e-mail (if available); Mailing address of facility (if different from street address); National Pollutant Release Inventory ID (if no ID, leave blank) and six-digit North American Classification System (NAICS) Code; and Facility technical contact, e-mail (if available), telephone number (including area code), fax number (including area code) (if available). 2.0 Factors for Which a Waiver is Requested, namely, Factors listed in the Notice for which a waiver is being requested. 3.0 Rationale for Request, namely, Basis for which it is not reasonable or practicable to consider each factor for which a waiver is requested; Effects on the outcome of the pollution prevention plan if these "factors to consider" are not taken into account; and Additional factors that will be considered in preparing the pollution prevention plan (optional). 4.0 Certification, namely, Certification that the information provided is true, accurate and complete; signature of the person subject to the Notice or duly authorized representative; date; name; title/position. SCHEDULE 3 Information to Be Contained in a Request for Time Extension — Nonylphenol and its Ethoxylates (Subsection 56(3) of CEPA 1999) 1.0 Information on the Person or Class of Persons Subject to the Notice, namely, Name of the person or class of persons subject to the notice, facility name, street address of the facility, telephone number (including area code), e-mail (if available); Mailing address of facility (if different from street address); National Pollutant Release Inventory ID (if no ID, leave blank) and six-digit North American Classification System (NAICS) Code; and Facility technical contact, e-mail (if available), telephone number (including area code), fax number (including area code) (if available). 2.0 Request for Time Extension, namely, The subject for which a time extension is requested: Prepare a pollution prevention plan; Submit an Interim Progress Report; or Implement a pollution prevention plan. Requested date of extension. 3.0 Rationale for Request, namely, Basis for which further time is necessary to prepare or implement a pollution prevention plan or to submit an Interim Progress Report. 4.0 Certification, namely, Certification that the information provided is true, accurate and complete; signature of the person subject to the Notice or duly authorized representative; date; name; title/position. SCHEDULE 4 Information to Be Contained in an Interim Progress Report — Nonylphenol and its Ethoxylates 1.0 Information on the Person or Class of Persons Subject to the Notice, namely, Name of the person or class of persons subject to the notice, facility name, street address of the facility, telephone number (including area code), e-mail (if available); Mailing address of facility (if different from street address); National Pollutant Release Inventory ID (if no ID, leave blank) and six-digit North American Classification System (NAICS) Code; and Facility technical contact, e-mail (if available), telephone number (including area code), fax number (including area code) (if available). 2.0 No data required 3.0 Substance and Activity, namely, Substance and activity for which information is required: NP and/or NPEs used in manufacturing of products; or NP and/or NPEs imported in products. 4.0 Baseline Information During Implementation of the Pollution Prevention (P2) Plan, namely, In the case of a person subject to the Notice on the date of publication in the Canada Gazette: Interim Progress Report number that is being reported; and New Reporting Year for which the report is being made (if a time extension to prepare a plan has been granted by the Minister). Note: In the case of a person subject to the Notice on the date of publication in the Canada Gazette, reporting of data in an Interim Progress Report is required for the following calendar years (January 1 to December 31): Interim Progress Report No. 1: 2006; Interim Progress Report No. 2: 2007; Interim Progress Report No. 3: 2009, unless the person subject to the Notice has been granted a time extension by the Minister to submit a new Interim Progress Report that requires reporting for a year other than 2006, 2007 or 2009. In the case of a person subject to the Notice after the date of publication in the Canada Gazette: Interim Progress Report number that is being reported and corresponding calendar year for which the persons will be reporting. Note: In the case of a person subject to the Notice after the date of publication in the Canada Gazette, reporting of data is required in two Interim Progress Reports. Please refer to the Instructions Insert for detailed information on determining the Reporting Year. 4.1 No data required 4.2 On-Site Uses for NP and/or NPEs Used in the Manufacturing of Products, namely, Total quantity, in kilograms, of on-site uses of NP and/or NPEs in the Reporting Year, basis of estimate code and type of on-site use. 4.3 No data required 4.4 No data required 4.5 Additional Baseline Information 4.5.1 NP and/or NPEs Imported in Products, namely, Total quantity, in kilograms, of NP and/or NPEs (as part of a final product) imported in the Reporting Year and basis of estimate code. 4.5.2 All Manufactured or Imported Products Containing NP and/or NPEs, namely, List of all products manufactured or imported in the Reporting Year, whether each product was imported or manufactured and concentration of NP and/or NPEs present in each product. 5.0 Actions Taken and Results Achieved to Date 5.1 Actions taken to date, namely, 5.1.1 Actions taken to date in implementing the plan; 5.1.2 Types of pollution prevention methods; 5.1.3 Other types of environmental protection methods used; 5.1.4 Changes to annual uses, releases, or transfers of NP and/or NPEs achieved to date from implementing the actions; 5.1.5 Baseline elements affected; and 5.1.6 Completion date. 5.2 Total Results Achieved to Date for NP and/or NPEs Used in the Manufacturing of Products, namely, Total changes achieved to date to annual uses of NP and/or NPEs, in kilograms and as a percentage relative to both the Preparation Year and the Base Year, from implementing all actions taken to date in implementing the pollution prevention plan. 5.3 Detailed Results Achieved to Date Information for NP and/or NPEs Imported in Products, namely, Total change achieved to date to annual imports of NP and/or NPEs, in kilograms and as a percentage relative to both the Preparation Year and the Base Year, from implementing all actions taken to date in implementing the pollution prevention plan. 6.0 Monitoring and Reporting, namely, Description of the monitoring and reporting used to track progress in implementing the pollution prevention plan. 7.0 No data required 8.0 No data required 9.0 Certification, namely, Certification that the information provided is true, accurate and complete, signature of the person subject to the Notice or duly authorized representative, date, name, title/position. SCHEDULE 5 Information to Be Contained in a Declaration that a Pollution Prevention Plan Has Been Implemented — Nonylphenol and its Ethoxylates (Subsection 58(2) of CEPA 1999) 1.0 Information on the Person or Class of Persons Subject to the Notice, namely, Name of the person or class of persons subject to the notice, facility name, street address of the facility, telephone number (including area code), e-mail (if available); Mailing address of facility (if different from street address); National Pollutant Release Inventory ID (if no ID, leave blank) and six-digit North American Classification System (NAICS) Code; and Facility technical contact, e-mail (if available), telephone number (including area code), fax number (including area code) (if available). 2.0 No data required 3.0 Substance and activity, namely, Substance and activity for which information is required: NP and/or NPEs used in manufacturing of products; or NP and/or NPEs imported in products. 4.0 Baseline Information After Implementation of the Pollution Prevention (P2) Plan, namely, Year of implementation for which the report is being made. Note: Reporting of data is required for the year of implementation (January 1 to December 31) of the pollution prevention plan (as specified in the Notice or any other year specified to a person who has been granted an extension of time by the Minister to implement a plan). 4.1 No data required 4.2 On-Site Uses for NP and/or NPEs Used in the Manufacturing of Products, namely, Total quantity, in kilograms, of on-site uses of NP and/or NPEs in the Reporting Year, basis of estimate code and type of on-site use. 4.3 No data required 4.4 No data required 4.5 Additional Baseline Information 4.5.1 NP and/or NPEs Imported in Products, namely, Total quantity, in kilograms, of NP and/or NPEs (as part of a final product) imported in the Reporting Year and basis of estimate code. 4.5.2 All Manufactured or Imported Products Containing NP and/or NPEs, namely, List on all products that were manufactured or imported in the Reporting Year, whether each of the products was imported or manufactured and concentration of NP and/or NPEs present in each product. 5.0 Actions Taken and Results Achieved 5.1 Actions Taken, namely, 5.1.1 Actions taken in implementing the plan; 5.1.2 Types of pollution prevention methods; 5.1.3 Other types of environmental protection methods; 5.1.4 Changes to annual uses, releases, or transfers of NP and/or NPEs achieved from implementing the actions; 5.1.5 Baseline elements affected; 5.1.6 Completion date. 5.2 Total Results Achieved for NP and/or NPEs Used in the Manufacturing of Products, namely, Total changes achieved to annual uses of NP and/or NPEs, in kilograms and as a percentage relative to both the Preparation Year and the Base Year, from implementing all actions taken in implementing the pollution prevention plan. 5.3 Detailed Results Achieved Information for NP and/or NPEs Imported in Products, namely, Total changes achieved to the annual imports of NP and/or NPEs, in kilograms and as a percentage relative to both the Preparation Year and the Base Year, from implementing all actions taken in implementing the pollution prevention plan. 6.0 Monitoring and Reporting, namely, Description of the monitoring and reporting used to track progress in implementing the pollution prevention plan. 7.0 Risk Management Objective, namely, Description of how the pollution prevention plan met the risk management objective identified in subsection 3(1) of the Notice or reason why it did not meet the risk management objective. 8.0 No data required 9.0 Certification, namely, Certification that the information provided is true, accurate and complete, signature of the person subject to the Notice or duly authorized representative, date, name, title/position. [48-1-o] DEPARTMENT OF HEALTH ACT Notice to interested parties — Intent to update the Human Pathogens Importation Regulations This notice is to advise that Health Canada intends to update the Human Pathogens Importation Regulations, under the Department of Health Act. The Minister of Health has responsibilities for the protection of the people of Canada against risks to health and the spreading of diseases, as well as the protection of public health on railways, ships, aircraft and all other methods of transportation, and their ancillary services, pursuant to section 4 of the Department of Health Act. The Human Pathogens Importation Regulations control the importation and subsequent transfer of human pathogens, with the aim to protect the health and safety of Canadians, including those individuals who work with or are involved in the transfer of human pathogens. The proposed amendments are administrative in nature and will not change the scope of the Regulations. They are required to update the references to a repealed Act, reformulated designation authorities, as well as reflect changes to Branch and Office names as a result of the recent restructuring of the Department. The specific proposed amendments will be pre-published in the Canada Gazette, Part I, at which time stakeholders and the public will be afforded an opportunity to comment on the proposed amendments. Health Canada will be proposing substantive amendments to the Regulations in the near future. A notice in this respect will be published in the Canada Gazette, Part I, and distributed to all stakeholders. At this time, stakeholders are invited to identify themselves in order to receive the notice. Please provide your name, address, telephone number, facsimile number and electronic mail address, if applicable, to Dennis R. Brodie, Legislative and Regulatory Policy Advisor, Centre for Emergency Preparedness and Response, 100 Colonnade Road, Ottawa, Ontario K1A 0L9, (613) 957-7724. All submissions should cite the Canada Gazette, Part I, and the date of publication of this notice. Comments can also be provided by facsimile at (613) 952-8189 or by electronic mail at dennis_brodie@hc-sc.gc.ca. November 29, 2003
J. SCOTT BROUGHTON
[48-1-o] OFFICE OF THE REGISTRAR GENERAL Appointments
* Correction November 18, 2003
JACQUELINE GRAVELLE
[48-1-o] OFFICE OF THE REGISTRAR GENERAL Senator Called Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada, bearing date November 7, 2003: Mercer, Terry M. of Caribou River, in the Province of Nova Scotia, Member of the Senate and a Senator for the Province of Nova Scotia. November 18, 2003
JACQUELINE GRAVELLE
[48-1-o] RADIOCOMMUNICATION ACT Notice No. SMSE-008-03 — Amendments to Procedures CB-01, CB-02, CB-03, DES-CB and REC-CB relating to the Recognition of Certification Bodies Notice is hereby given that Industry Canada is amending the following publications: (1) Amendment No. 2 to CB-01, Issue 1: Requirements for Certification Bodies; clarifications on the application process in section 5 were made as well as editorial changes in Appendix II, pursuant to the CB-02 amendment. (2) Amendment No. 1 to CB-02, Issue 2: Recognition Criteria, and Administrative and Operational Requirements Applicable to Certification Bodies for the Certification of Radio Apparatus to Industry Canada's Standards and Specifications. This amendment includes:
(b) Clarifications and editorial changes to the accreditation requirements (Section 5); (c) Clarifications and editorial changes to the certificate information and listing of certifications requirements in section 6; (d) Removal of section 6.2 related to subcontracting; (e) Clarification of Open Area Test Sites (OATS) requirements (Section 6); and (f) Addition of new information on how to keep in touch with the Department and on the process to address complaints. (3) Amendment No. 2 to CB-03, Issue 1: Requirements for the Certification of Radio Apparatus to Industry Canada's Standards and Specifications; a change was made to section 7.1 to remove possible confusion; as well, clarification was made to the OATS requirements in section 8. (4) Amendment No. 1 to DES-CB, Issue 2: Procedure for the Designation of Canadian Certification Bodies by Industry Canada; clarifications to the designation requirements and the content of the covering letter were made as well as a change to the application form in Appendix 1. (5) Amendment No.1 to REC-CB, Issue 1: Procedure for the Recognition of Foreign Certification Bodies by Industry Canada; clarifications on the application process in section 5 as well as the addition of a checklist in Appendix II were made. The amendments above become effective as of the date of the publication of this notice. Applications that were prepared using the previous version of Appendix I of CB-02 will be accepted providing it can be demonstrated that the accreditation evaluation process took place prior to the publication of these amendments. Interested parties should submit their comments no later than February 12, 2004. Shortly after the close of the comment period, all comments received will be posted on Industry Canada's Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum. Submitting Comments Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following e-mail address: telecom.reg@ic.gc.ca, along with a note specifying the software, version number and operating system used. Written submissions should be addressed to the Deputy Director, Telecommunication Engineering and Certification, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8. All submissions should cite the Canada Gazette, Part I, the publication date, the title, and the notice reference number (SMSE-008-03). Obtaining Copies Copies are available electronically on the Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum. Official printed copies can be obtained from the Canada Gazette Web site at http://canadagazette.gc.ca/subscription-e.html or by calling the sales counter of Canadian Government Publishing at (613) 941-5995 or 1-800-635-7943. November 20, 2003
R. W. MCCAUGHERN
[48-1-o] MARINE TRANSPORTATION SECURITY ACT Vessel and Marine Facility Security Measures Notice is hereby given that the Minister of Transport, pursuant to subsection 7(1) of the Marine Transportation Security Act, issued on November 12, 2003, the Vessel and Marine Facility Security Measures. The Vessel and Marine Facility Security Measures require operators of certain Canadian vessels that engage on voyages from a port in one country to a port in another country, including voyages between a port in another country and a Canadian port in the Great Lakes or the St. Lawrence Seaway, to identify themselves to Transport Canada for marine security purposes. Fishing vessels and pleasure craft are exempt from this requirement. The Vessel and Marine Facility Security Measures also require operators of marine facilities that provide services to vessels of 500 tons gross tonnage or more that engage on voyages from a port in one country to a port in another country, including those between a port in another country and a Canadian port in the Great Lakes or the St. Lawrence Seaway, and that are subject to the International Convention for the Safety of Life at Sea (SOLAS), to identify themselves to Transport Canada for marine security purposes. Once vessels and port facilities have identified themselves, they will be requested to conduct a security assessment and develop a security plan for submission to Transport Canada. Following Transport Canada's approval of a vessel's security plan, the Department will issue the vessel operator a security certificate that will facilitate entry to Canadian and to foreign port facilities. Port facility operators whose plans are approved will receive a Statement of Compliance. These requirements build on Transport Canada's strategy for implementation of new marine security regulations for vessels and marine facilities by July 1, 2004, as required by the International Ship and Port Facility Security (ISPS) Code. Extending the application of emerging Canadian marine security regulations to vessels below 500 tons gross tonnage, the ISPS Code threshold, is considered necessary in response to input from stakeholders on the importance of a comprehensive regime, Transport Canada's assessment of threats and risks in the marine sector, and following consultations with U.S. authorities. Interested persons may make representations with respect to these measures in writing to the Director, Regulatory Affairs — Security (ABA), Transport Canada, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. Information required to be provided by the security measures, general inquiries and any questions related to implementation of these security measures should be directed to the appropriate Transport Canada Regional Office, as follows. Transport Canada — Security and Emergency Preparedness Regional Offices
VESSEL AND MARINE FACILITY SECURITY MEASURES INTERPRETATION 1. In these security measures, the St. Lawrence Seaway extends as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, to the 63rd meridian. APPLICATION 2. (1) These security measures apply in respect of (a) vessels, in Canada, that are entitled to fly the Canadian flag; (b) marine facilities in Canada; and (c) Canadian ships outside Canada. (2) These security measures do not apply in respect of fishing vessels or pleasure craft. GENERAL 3. (1) The operator of a vessel specified in subsection (2) shall submit the following information to the Minister on or before November 28, 2003: (a) the name, address and other contact information for the operator; (b) the name, address and other contact information for the vessel; and (c) the applicable category of vessel in subsection (2). (2) The vessels referred to in subsection (1) are those that engage on voyages from a port in one country to a port in another country, including voyages between a port in another country and a Canadian port in the Great Lakes or the St. Lawrence Seaway, and (a) are subject to the International Convention for the Safety of Life at Sea (SOLAS), 1974, and are 500 tons gross tonnage or more; (b) are 100 tons gross tonnage or more; (c) carry more than 12 passengers; (d) are 8 m or more in length and engage in towing a barge or barges astern or alongside or pushing a barge or barges; or (e) are a barge referred to in paragraph (d). 4. The operator of a marine facility shall submit their name, address and other contact information to the Minister on or before November 28, 2003, if they provide services to vessels that (a) engage on voyages from a port in one country to a port in another country, including those between a port in another country and a Canadian port in the Great Lakes or the St. Lawrence Seaway; (b) are subject to the International Convention for the Safety of Life at Sea (SOLAS), 1974; and (c) are 500 tons gross tonnage or more. [48-1-o] The Chemical Abstracts Service (CAS) Information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
NOTICE:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
