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Proposed Notice Requiring the Preparation and Implementation of Pollution Prevention Plans In Respect of Dichloromethane PROPOSED NOTICE The Minister of the Environment proposes to publish, pursuant to the provisions of Part 4 of the Canadian Environmental Protection Act, 1999, the following notice requiring the preparation and implementation of pollution prevention plans in respect of dichloromethane, a substance specified on the List of Toxic Substances in Schedule 1 of the Act. This notice will target facilities that use dichloromethane and are involved in aircraft paint stripping, including the stripping of aircraft components; flexible polyurethane foam blowing; pharmaceuticals and chemical intermediates manufacturing and tablet coating; industrial cleaning; or adhesives formulation activities. Any person may, within 60 days after the date of publication of this notice, file to the Minister of the Environment comments with respect to the proposed 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, 351 St. Joseph Boulevard, 13th Floor, Hull, 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. JAMES RIORDAN Acting Director General Toxics Pollution Prevention Directorate On behalf of the Minister of the Environment NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF DICHLOROMETHANE Notice is hereby given that, pursuant to the provisions of Part 4 of the Canadian Environmental Protection Act, 1999, the Minister of the Environment requires the persons or class of persons described in paragraph 1 of this notice to prepare and implement a pollution prevention plan in respect of dichloromethane (CAS Registry Number 75-09-2), which is specified on the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999. 1.Person or class of persons required to prepare and implement a pollution prevention plan This notice applies to any person or class of persons who, on the date of publication of the final notice: (1) has used 1 000 kg or more of dichloromethane per year during one year or more since January 1, 1995; (2) has not achieved, by the publication date of the final notice, all maximum reductions in releases or in use specified in paragraph 3(1) of this notice that apply to their facility, from their 1995 base year levels; (3) has not eliminated the use of dichloromethane entirely from their facility involved in any activity referred to in paragraph 1(4) by the publication date of the final notice; and (4) owns or operates a facility that uses dichloromethane and is involved in: (a) aircraft paint stripping activities, including the stripping of aircraft components; (b) flexible polyurethane foam blowing activities; (c) pharmaceuticals or chemical intermediates manufacturing and tablet coating activities; (d) industrial cleaning activities; or (e) adhesives formulation activities. 2. Activities in relation to which the plan is to be prepared The Minister requires all persons identified in paragraph 1 to prepare and implement a pollution prevention plan in relation to the following activities involving dichloromethane: (1) aircraft paint stripping, including the stripping of aircraft components; (2) flexible polyurethane foam blowing; (3) pharmaceuticals and chemical intermediates manufacturing and tablet coating; (4) industrial cleaning; and (5) adhesives formulation. 3. Factors to be considered in preparing the plan The Minister requires all persons identified in paragraph 1 to consider the following factors when preparing their pollution prevention plan: (1) The Minister of the Environment's risk management objective is to reduce aggregate dichloromethane releases from the persons identified in paragraph 1 by 85 percent from 1995 base year levels by January 1, 2007. In order to achieve this objective, the persons identified in paragraph 1 will consider the following risk management objectives as factors when preparing their pollution prevention plan: (a) for persons involved in aircraft paint stripping activities, including the stripping of aircraft components, to reduce annual releases of dichloromethane from 1995 base year levels from these activities by 50 percent by December 1, 2003, and by 80 percent by January 1, 2007; (b) for persons involved in flexible polyurethane foam blowing activities, to reduce annual releases of dichloromethane from 1995 base year levels from these activities by 50 percent by December 1, 2003, and by 100 percent by January 1, 2007; (c) for persons involved in pharmaceuticals and chemical intermediates manufacturing and tablet coating activities, to reduce annual releases of dichloromethane from 1995 base year levels from these activities by 90 percent by December 1, 2003; (d) for persons using dichloromethane in industrial cleaning activities, except those described in (e), to reduce annual releases of dichloromethane from 1995 base year levels from these activities by 50 percent by December 1, 2003, and by 80 percent by January 1, 2007; (e) for persons using dichloromethane in industrial cleaning activities to clean the mixing chamber of low-pressure reaction injection molding machines, the elimination of this use by January 1, 2007; and (f) for persons involved in adhesives formulation activities, to reduce the use of dichloromethane from 1995 base year levels from these activities by 70 percent by December 1, 2003. (2) Dichloromethane was declared toxic under subsection 11(a) and (c) of the Canadian Environmental Protection Act and added to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999. According to the Priority Substances List Assessment Report -- Dichloromethane, dichloromethane has been classified as being "probably carcinogenic to humans". It occurs at concentrations that may be harmful to the environment, and may constitute a danger in Canada to human life or health. (3) In preparing a pollution prevention 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 (definition of "pollution prevention" as found in CEPA 1999). 4. Period within which the plan is to be prepared The Minister requires that the plan be prepared and begin to be implemented within six months of the publication date of the final notice. 5. Period within which the plan is to be implemented The Minister requires that the plan be implemented by the dates listed in Table 1: Table 1: Pollution Prevention Plan Implementation Deadlines *** TABLE EXTRACTED *** 6. Content of plans Persons 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 paragraph 8 and have the capacity to generate the information required to file the Declaration of Implementation referred to in paragraph 9 and Interim Progress Reports referred to in paragraph 11. 7. Requirement to keep plan Under section 59 of CEPA 1999, all persons identified in paragraph 1 shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared. 8. Declaration of Preparation Under subsection 58(1) of CEPA 1999, persons identified in paragraph 1 shall file, within 30 days after the end of the period for the preparation of the plan as specified in paragraph 4 or extended under paragraph 13, a written Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented -- Dichloromethane, using the form given in Schedule 1 of this notice, to the Minister. Paragraph 17 provides further information on completing and filing this form. 9. Declaration of Implementation Under subsection 58(2) of CEPA 1999, persons identified in paragraph 1 shall file, within 30 days after the completion of the implementation of the plan as specified in paragraph 5 or extended under paragraph 13, a written Declaration That a Pollution Prevention Plan Has Been Implemented -- Dichloromethane, using the form given in Schedule 5 of this notice, to the Minister. Paragraph 17 provides further information on completing and filing this form. 10. Filing of amended declarations Under subsection 58(3) of CEPA 1999, where a person specified in paragraph 1 has filed a declaration under paragraph 8 or 9, and the declaration contains information that, 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 paragraph 8 or 9. 11. Interim Progress Reports Persons identified in paragraph 1 involved in aircraft paint stripping, including the stripping of aircraft components, flexible polyurethane foam blowing, or industrial cleaning activities shall file on or before each of the dates below a written Interim Progress Report -- Dichloromethane, using the form given in Schedule 4 of this notice, to the Minister. 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. Interim Progress Report Number 1: June 30, 2004 Interim Progress Report Number 2: June 30, 2005 Interim Progress Report Number 3: June 30, 2006 Interim Progress Report Number 4: June 30, 2007 Each Interim Progress Report will report data pertaining to the previous calendar year. Paragraph 17 provides further information on completing and filing 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. Persons identified in paragraph 1 involved in pharmaceuticals and chemical intermediates manufacturing and tablet coating or adhesive formulation activities are not required to file an Interim Progress Report. 12. Use of a plan prepared or implemented for another purpose Under subsection 57(1) of CEPA 1999, a person may use a pollution prevention plan prepared or implemented for another purpose to satisfy the requirements of paragraphs 1 to 7 of this notice. Under subsection 57(2) of CEPA 1999, where a person uses a plan that does not meet all 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 paragraph 8, a Declaration of Implementation under paragraph 9, any amended declarations under paragraph 10 where applicable, and any Interim Progress Reports required under paragraph 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 paragraph 4 or to implement the plan as specified in paragraph 5, the Minister may extend the period for a person who submits a written Request for Extension of Time -- Dichloromethane, using the form given in Schedule 3 of this notice, before the expiry of the date referred to in the applicable paragraph 4 or paragraph 5, or before the expiry of any extended period. (2) Where the Minister is of the opinion that further time is necessary to file an Interim Progress Report under paragraph 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 Extension of Time -- Dichloromethane, using the form given in Schedule 3 of this notice, before the date referred to in paragraph 11 for which the person is requesting the extension or before the expiry of any extended period. Paragraph 17 provides further information on completing and filing 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 paragraph 3 where the Minister is of the opinion that it is neither reasonable nor practicable to consider that factor on the basis of reasons provided by that person when submitting a written Request for Waiver of Factors to Consider -- Dichloromethane, using the form given 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 paragraph 4. Paragraph 17 provides further information on completing and filing 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 website (www.ec.gc.ca/nopp), the Canadian Pollution Prevention Information Clearinghouse (www.ec.gc.ca/cppic), and Environment Canada's regional offices. 16. Reference code: P2DCM For administrative purposes, all communication with Environment Canada concerning this notice should refer to the following reference code: P2DCM. 17. Environment Canada contact information Forms referred to in this notice are to be submitted to: Executive Director, National Office of Pollution Prevention Environment Canada c/o CEPA 1999 Part 4 P2 Plans 351 Saint-Joseph Boulevard, 13th Floor Hull, Quebec K1A 0H3 Electronic copies of this notice and instructions for completing the associated forms (Schedules 1 to 5) are available at http://www.ec.gc.ca/nopp/english/consult.cfm. Forms (Schedules 1 to 5) referred to in this notice can be completed electronically at www.ec.gc.ca/nopp/p2forms/acr.cfm. For questions about this notice, copies of the Model Pollution Prevention Plan, 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 Environment Canada c/o CEPA 1999 Part 4 P2 Plans 351 Saint-Joseph Boulevard, 13th Floor Hull, Quebec K1A 0H3 Telephone: (819) 994-0186 Facsimile: (819) 953-7970 Electronic mail: CEPAP2Plans@ec.gc.ca For residents of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick Environmental Protection Branch -- Atlantic Region Environment Canada Queen Square, 16th Floor, 45 Alderney Drive Dartmouth, Nova Scotia B2Y 2N6 Telephone: (902) 426-9590 Facsimile: (902) 426-8373 For residents of Quebec Environmental Protection Branch -- Quebec Region Environment Canada 105 McGill Street, 4th Floor Montréal, Quebec H2Y 2E7 Telephone: (514) 283-4670 Facsimile: (514) 283-4423 For residents of Ontario Environmental Protection Branch -- Ontario Region Environment Canada 4905 Dufferin Street Downsview, Ontario M3H 5T4 Telephone: (416) 739-5856 Facsimile: (416) 739-4342 For residents of Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut Environmental Protection Branch -- Prairie and Northern Region Environment Canada 4999 98th Avenue Edmonton, Alberta T6B 2X3 Telephone: (780) 951-8890 Facsimile: (780) 495-2758 For residents of British Columbia and Yukon Environmental Protection Branch -- Pacific and Yukon Region Environment Canada 224 West Esplanade North Vancouver, British Columbia V7M 3H7 Telephone: (604) 666-2739 Facsimile: (604) 666-6800 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 $1,000,000, imprisonment for a term of not more than three years, or both. For additional information on CEPA 1999 and 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: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented -- Dichloromethane (Section 58(1) of CEPA 1999) *** FORM EXTRACTED Schedule 2: Request for Waiver of Factors to Consider -- Dichloromethane (Section 56(5) of CEPA 1999) *** FORM EXTRACTED Schedule 3: Request for Extension of Time -- Dichloromethane *** FORM EXTRACTED Schedule 4: Interim Progress Report -- Dichloromethane *** FORM EXTRACTED Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented -- Dichloromethane (Section 58(2) of CEPA, 1999) *** FORM EXTRACTED
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