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Vol. 138, No. 19 — May 8, 2004 GOVERNMENT NOTICESDEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-03347 is approved. 1. Permittee: Matcon Excavation and Shoring Ltd., Langley, British Columbia. 2. Type of Permit: To load or dispose of inert, inorganic geological matter. 3. Term of Permit: Permit is valid from June 16, 2004, to June 15, 2005. 4. Loading Site(s): Various approved sites in the Lower Mainland, at approximately 49°16.50' N, 123°06.50' W. 5. Disposal Site(s): Point Grey Disposal Site: 49°15.40' N, 123°22.10' W, at a depth of not less than 210 m. The following position-fixing procedures must be followed to ensure disposal at the designated disposal site: (i) The vessel must call the Marine Communications and Traffic Services (MCTS) Centre on departure from the loading site and inform the MCTS Centre that it is heading for a disposal site; (ii) Upon arrival at the disposal site, and prior to disposal, the vessel must again call the MCTS Centre to confirm its position. Disposal can proceed if the vessel is on the disposal site. If the vessel is not within the disposal site boundaries, the MCTS Centre will direct it to the site and advise that disposal can proceed; and (iii) The vessel will inform the MCTS Centre when disposal has been completed prior to leaving the disposal site. 6. Route to Disposal Site(s): Direct. 7. Method of Loading and Disposal: Loading by conveyor belts or trucks and disposal by bottom dump scow or end dumping. 8. Rate of Disposal: As required by normal operations. 9. Total Quantity to Be Disposed of: Not to exceed 200 000 m3. 10. Material to Be Disposed of: Inert, inorganic geological matter comprised of clay, silt, sand, gravel, rock and other material typical to the excavation site. All wood, topsoil, asphalt and other debris are to be segregated for disposal by methods other than disposal at sea. 11. Requirements and Restrictions: 11.1. The Permittee must notify the permit-issuing office in writing and receive written approval for each loading site prior to any loading or disposal. The written notification must include the following information: (i) co-ordinates of the proposed loading site; (ii) a site map showing the proposed loading site relative to known landmarks or streets; (iii) a figure showing the legal water lots impacted by the proposed dredging or loading activities, giving the spatial delineations of the proposed dredge site within these water lots; (iv) all analytical data available for the proposed loading site; (v) the nature and quantity of the material to be loaded and disposed of; (vi) the proposed dates on which the loading and disposal will take place; and (vii) a site history for proposed loading site. Additional requirements may be requested by the permit-issuing office. 11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and of the letter of transmittal must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities. A copy of the written approval for the appropriate loading site must be displayed with each copy of the permit posted at the loading sites. 11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. 11.4. Contact must be made with the Canadian Coast Guard, Regional Marine Information Centre (RMIC), regarding the issuance of a "Notice to Shipping." The RMIC is located at 2380555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6012 (telephone), (604) 666-8453 (facsimile), RMIC-PACIFIC@PAC.DFO-MPO.GC.CA (electronic mail). 11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure that there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer. 11.6. The Permittee must report to the Regional Director, Environmental Protection Branch, Pacific and Yukon Region, within 10 days of the completion of loading at each loading site, including the nature and quantity of material disposed of pursuant to the permit and the dates on which the activity occurred. 11.7. The Permittee must submit to the Regional Director, Environmental Protection Branch, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, including the nature and quantity of material disposed of and the dates on which the activity occurred.
M. NASSICHUK
[19-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06274 is approved. 1. Permittee: Ocean Pride Fisheries Limited, Lower Wedgeport, Nova Scotia. 2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations. 3. Term of Permit: Permit is valid from June 6, 2004, to December 31, 2004. 4. Loading Site(s): 43°42.9' N, 65°58.1' W (NAD83), Wedgepoint Wharf, Lower Wedgeport, Nova Scotia. 5. Disposal Site(s): 43°34.12' N, 66°04.73' W (NAD83), offshore of Tusket Islands, at an approximate depth of 40 m. 6. Route to Disposal Site: Most direct navigational route from the loading site to the disposal site. 7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site. 8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 500 m of the approved disposal site centre. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 5 000 tonnes. 11. Waste and Other Matter to Be Disposed of: Dogfish and sea cucumber waste and associated liquid wastes. 12. Requirements and Restrictions: 12.1. It is required that the Permittee notify in writing the following individuals at least 48 hours prior to the start of the operations to be conducted under this permit: (a) Mr. Adrian MacDonald, Environmental Protection Branch, Environment Canada, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (facsimile), adrian.macdonald@ ec.gc.ca (electronic mail); (b) Mr. Clark Wiseman, Environmental Protection Branch, Environment Canada, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-7924 (facsimile), clark.wiseman@ec.gc.ca (electronic mail); (c) Ms. Rachel Gautreau, Canadian Wildlife Service, Environment Canada, Atlantic Region, 17 Waterfowl Lane, Sackville, New Brunswick E4L 1G6, (506) 364-5062 (facsimile), rachel.gautreau@ec.gc.ca (electronic mail). 12.2. A written report shall be submitted to Mr. Adrian MacDonald, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information for each trip to the disposal site: (a) vessel master's signature; (b) departure date; (c) departure time; (d) time of disposal; (e) time returned to port; and (f) quantity disposed. 12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit. 12.4. Dogfish and sea cucumber waste and other organic matter loaded for the purpose of disposal may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999. 12.5. Except during direct loading operations and during transit to the disposal site, all waste must be covered to prevent excessive drying, to reduce generation and release of odour, and to prevent access by gulls. 12.6. All wastes must be securely contained within a hold or other suitable container and in no case may dogfish waste be carried or stored loose on deck. 12.7. Any vessel operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location. 12.8. Any vessel operating under the authority of this permit must carry on board a copy of the permit. Each copy must bear an original signature of the Permittee. 12.9. Records of all loading operations and all disposal operations shall be kept with the vessel at all times and shall be available for inspection by any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999. These records will be submitted in partial fulfillment of reporting provisions required in paragraph 12.2. 12.10. All loading must be conducted in such a manner that no material enters the marine environment. 12.11. If requested by Environment Canada, the Permittee shall provide a vessel to assist in conducting one video survey of the disposal site. 12.12. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999 shall be permitted to mount an electronic tracking device on any vessel engaged in the loading and disposal activities authorized by this permit. The Permittee shall take all reasonable measures to ensure that there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only with the written consent of an enforcement officer. 12.13. The disposal referred to under this permit shall not be carried out without written authorization from the Permittee.
K. G. HAMILTON
[19-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06278 is approved. 1. Permittee: Fogo Island Shrimp Inc., Seldom, Newfoundland and Labrador. 2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations. 3. Term of Permit: Permit is valid from June 23, 2004, to June 22, 2005. 4. Loading Site(s): 49°36.65' N, 54°11.00' W, Seldom, Newfoundland and Labrador. 5. Disposal Site(s): 49°35.80' N, 54°10.50' W, at an approximate depth of 27 m. 6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site. 7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site. 8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 2 000 tonnes. 11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations. 12. Requirements and Restrictions: 12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (facsimile), rick. wadman@ec.gc.ca (electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit. 12.2. A written report shall be submitted to Mr. Rick Wadman, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred. 12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit. 12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site. 12.5. The material must be covered by netting or other material to prevent access by gulls, except during direct loading or disposal of the material. 12.6. This permit must be displayed in an area of the plant accessible to the public. 12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location. 12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee. 12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999. 12.10. The Permittee shall periodically determine the water depth in the area of the disposal site. The depth readings shall be taken every eight weeks, beginning with the start date of this permit, and reported to Mr. Rick Wadman, identified in paragraph 12.1.
IAN TRAVERS
[19-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06279 is approved. 1. Permittee: Labrador Choice Seafoods Ltd., Charlottetown, Newfoundland and Labrador. 2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations. 3. Term of Permit: Permit is valid from June 19, 2004, to June 18, 2005. 4. Loading Site(s): 52°46.35' N, 56°07.04' W, Charlottetown, Newfoundland and Labrador. 5. Disposal Site(s): 52°47.60' N, 56°03.56' W, at an approximate depth of 50 m. 6. Route to Disposal Site: Most direct navigational route from the loading site to the disposal site. 7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site. 8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 5 000 tonnes. 11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations. 12. Requirements and Restrictions: 12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (facsimile), rick.wadman@ ec.gc.ca (electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit. 12.2. A written report shall be submitted to Mr. Rick Wadman, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred. 12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit. 12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site. 12.5. The material to be disposed of must be covered by netting or other material to prevent access by gulls, except during direct loading or disposal of the material. 12.6. This permit must be displayed in an area of the plant accessible to the public. 12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location. 12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee. 12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.
K. G. HAMILTON
[19-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06284 is approved. 1. Permittee: Labrador Fishermen's Union Shrimp Company Ltd., L'Anse au Loup, Newfoundland and Labrador. 2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations. 3. Term of Permit: Permit is valid from June 29, 2004, to June 28, 2005. 4. Loading Site(s): 51°31.30' N, 56°49.60' W, L'Anse au Loup, Newfoundland and Labrador. 5. Disposal Site(s): 51°31.30' N, 56°49.60' W, at an approximate depth of 6 m. 6. Route to Disposal Site: From the main door of the plant to the end of the wharf, approximately 100 meters. 7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the disposal site. 8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 1 000 tonnes. 11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations. 12. Requirements and Restrictions: 12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (facsimile), rick.wadman@ ec.gc.ca (electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit. 12.2. A written report shall be submitted to Mr. Rick Wadman, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred. 12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit. 12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site. 12.5. The material to be disposed of must be covered by netting or other material to prevent access by gulls, except during direct loading or disposal of the material. 12.6. This permit must be displayed in an area of the plant accessible to the public. 12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location. 12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee. 12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated pursuant to paragraph 217(1) of the Canadian Environmental Protection Act, 1999. 12.10. The Permittee shall periodically determine the water depth in the area of the disposal site. The depth readings shall be taken every eight weeks, beginning with the start date of this permit, and reported to Mr. Rick Wadman, identified in paragraph 12.1. K. G. HAMILTON [19-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06285 is approved. 1. Permittee: Labrador Fishermen's Union Shrimp Company Ltd., Mary's Harbour, Newfoundland and Labrador. 2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations. 3. Term of Permit: Permit is valid from June 29, 2004, to June 28, 2005. 4. Loading Site(s): 52°18.65' N, 55°49.92' W, Mary's Harbour, Newfoundland and Labrador. 5. Disposal Site(s): 52°18.75' N, 55°48.50' W, at an approximate depth of 66 m. 6. Route to Disposal Site: Most direct navigational route from the loading site to the disposal site. 7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all material to be disposed of during loading and transit to the approved disposal site. 8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 700 tonnes. 11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations. 12. Requirements and Restrictions: 12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (facsimile), rick.wadman@ ec.gc.ca (electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit. 12.2. A written report shall be submitted to Mr. Rick Wadman, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred. 12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit. 12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site. 12.5. The material must be covered by netting or other material to prevent access by gulls, except during direct loading or disposal of the material. 12.6. This permit must be displayed in an area of the plant accessible to the public. 12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location. 12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee. 12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.
K. G. HAMILTON
[19-1-o] DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice requiring the preparation and implementation of pollution prevention plans in respect of dichloromethane Notice is hereby given that the notice bearing the above-mentioned title published in the Canada Gazette, Part I, Vol. 137, No. 48, dated Saturday, November 29, 2003, should have read: On page 3728, section 4.4.3, in the seventh line, "If no for both years, proceed to Part 5 of this Declaration," instead of "If no for both years, proceed to Part 4.5 of this Declaration"; On page 3741, section 4.4.3 in the fifth line, "If no, proceed to Part 5 of this Report," instead of "If no, proceed to Part 4.5 of this Report"; and On page 3750, section 4.4.3 in the sixth line, "If no, proceed to Part 5 of this Declaration," instead of "If no, proceed to Part 4.5 of this Declaration." [19-1-o] DEPARTMENT OF HEALTH CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Publication after screening assessment of substance — Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which "n" is 4 to 6 and polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which "n" is 7 to 10 — (Subsection 77(1) of the Canadian Environmental Protection Act, 1999) Whereas a summary of the assessment of polybrominated diphenyl ethers, identified under subsection 73(1), is annexed hereby, Notice therefore is hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which "n" is 4 to 6 and Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which "n" is 7 to 10 be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999. Notice therefore is further given that the Ministers of the Environment and of Health propose the implementation of virtual elimination under subsection 65(3) of Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which "n" is 4 to 6. Public comment period As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the CEPA Registry Web site (http://www.ec.gc.ca/CEPARegistry). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Existing Substances Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 953-4936 (facsimile), or by electronic mail to ESB.DSE@ec.gc.ca. In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.
JOHN ARSENEAU
ANNEX Summary of the Screening Assessment of Polybrominated Diphenyl Ethers Identified under Subsection 73(1) Pursuant to paragraph 74(a) of the Canadian Environmental Protection Act, 1999, the Ministers of the Environment and of Health have conducted a screening assessment on polybrominated diphenyl ethers, CAS No. 40088-47-9, 32534-81-9, 36483-60-0, 68928-80-3, 32536-52-0, 63936-56-1, 1163-19-5. Polybrominated diphenyl ethers (PBDEs) are a class of substances which contain an identical base structure, but differ in the number of attached bromine atoms (n=1 to 10). Of the ten isomer groups, seven are on the Domestic Substances List and are considered in this assessment, including tetra- to decabromodiphenyl ethers (tetra- to decaBDEs). PBDEs are generally present in the form of mixtures, referred to as commercial pentabromodiphenyl ether (which is predominately a mixture of penta-, tetra-, and hexaBDE), commercial octabromodiphenyl ether (which contains mainly hepta-, octa-, and hexaBDE, but may also contain small amounts of nona- and decaBDE) and commercial decabromodiphenyl ether (of which current formulations are almost entirely decaBDE with a small amount of nonaBDE). PBDEs are used in Canada as additive flame retardants in a wide variety of consumer products, including internal electric/electronic components of and casings for household appliances/electronics (e.g. hair dryers, televisions, computers), furniture upholstery and cushioning, and wire and cable insulation. The identical base structure and combinations of congeners within the different commercial mixtures support consideration of a category approach to assessment of these compounds. In addition, to the extent that the data permit comparison, consideration of these compounds as a group is supported by trends in physical/chemical properties with increasing degree of bromination. Results from a section 71 Notice with Respect to Certain Substances on the Domestic Substances List (DSL) conducted for the year 2000 indicated that no PBDEs were manufactured in Canada, although approximately 1 300 tonnes of PBDE commercial products were imported or shipped into the country. Based on quantities reported, commercial pentabromodiphenyl ether was imported in the greatest volume, followed by commercial decabromodiphenyl ether and commercial octabromodiphenyl ether. Environment PBDEs may be released to the environment during manufacturing and polymer processing operations, throughout the service life of articles containing them, and at the end of article service life during disposal operations. With their low vapour pressures, low water solubility and high log Kow values, it is expected that PBDEs entering the environment will tend to bind to the organic fraction of particulate matter, notably in sediment and soils, with only small amounts partitioning into water and air. Empirical and predicted data indicate that all PBDEs under consideration are highly persistent and are subject to long-range transport, and each satisfies the requirements for persistence as defined by the CEPA 1999 Persistence and Bioaccumulation Regulations. Although considered persistent, evidence suggests that PBDEs are susceptible to some degree of metabolic transformation and photodegradation and, under certain circumstances, may undergo some anaerobic biodegradation. Studies have shown the transformation of higher brominated PBDEs (e.g. hepta- to decaBDEs) to lower brominated congeners (e.g. congeners of tetraBDE, pentaBDE and hexaBDE) which are associated with high levels of bioaccumulation. The degree to which these processes affect the overall risk to the environment from tetra- to hexaBDEs is not clear. PBDEs have been detected in a variety of species worldwide, and evidence from many studies indicates that their levels in biota in North America (including the Canadian Arctic) are increasing steadily and even substantially over time. Measured data indicate that tetra-, penta- and hexaBDEs are highly bioaccumulative and satisfy the criteria for bioaccumulation as described in the CEPA 1999 Persistence and Bioaccumulation Regulations. Despite their large molecular size, a low level of uptake of heptaBDEs and decaBDE in biota is supported by the fact that concentrations have been measured in the tissues of wild fish, mammals and/or bird eggs. There is a weight of evidence suggesting that highly brominated PBDEs such as octa- and decaBDE are precursors of the more toxic, bioaccumulative and persistent lower brominated PBDEs. Risk quotient analyses, integrating known or potential exposures with known or potential adverse environmental effects, were performed for each of the three commercial PBDE products subject to this assessment. The results indicate that the greatest potential for risk from PBDEs in the Canadian environment is due to the secondary poisoning of wildlife from the consumption of prey containing elevated concentrations of congeners from commercial penta- and octabromodiphenyl ethers. Elevated concentrations of components of commercial pentabromodiphenyl ether in sediments may present risk to benthic organisms. HexaBDE is a component of both commercial penta- and commercial octabromodiphenyl ethers and could be a product of hepta- to decaBDE transformation. Therefore, risks associated with congeners found in commercial pentabromodiphenyl ether may also be due to the release of commercial octabromodiphenyl ether, or debromination of highly brominated PBDEs found in commercial decabromodiphenyl ether. The risk analyses for soil organisms indicate that risk quotients were below 1 for commercial penta-, octa- and decabromodiphenyl ethers, although there is considerable uncertainty given the lack of data characterizing PBDE concentrations in soil and sewage sludge applied to soil. The PBDEs would present a low potential for risk due to direct toxicity to pelagic organisms. In the water column, risk associated with tetra-, penta- and hexaBDE congeners may be due to bioaccumulation and toxicity to secondary consumers. There is a lack of data characterizing the toxicity of PBDEs to wildlife. Recent studies using rodents provide evidence that exposure to PBDEs may lead to behavioural disturbances, disruptions in normal thyroid hormone activity and liver effects. The PBDEs subject to this assessment have low vapour pressures and Henry's Law constants and are not expected to partition significantly into the atmosphere. As such, they are considered to present a negligible risk with respect to atmospheric processes such as global warming, stratospheric ozone depletion and ground-level ozone formation. Pyrolysis and extreme heating can cause all PBDEs to form brominated dibenzo-p-dioxins and dibenzofurans. These transformation products are considered to be brominated analogues of the Government of Canada Toxic Substances Management Policy (TSMP) Track 1 substances polychlorinated dibenzo-p-dioxins and dibenzofurans. Available data indicate the potential for exposure of organisms to PBDEs at concentrations of concern. Although concentrations of homologues from commercial decabromodiphenyl ether may not currently exceed known effect thresholds, those homologues are persistent and may contribute to the overall loadings of lower brominated PBDEs over the long term. The long-range transport of PBDEs has resulted in their widespread occurrence, including in remote regions. The persistent and bioaccumulative character of these substances can lead to prolonged exposure and potential accumulation in organisms. Field evidence indicates increasing concentrations in organisms over time. All PBDEs also have the potential to transform to other compounds of concern. Based on this evidence, it is concluded that PBDEs, including tetraBDEs, pentaBDEs, hexaBDEs, heptaBDEs, octaBDEs, nonaBDEs and decaBDE, which are found in commercial penta-, octa-, and decabromodiphenyl ethers, are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity and are considered to be "toxic," as defined under paragraph 64(a) of CEPA 1999. Human health Critical targets for PBDE-induced health effects reported for the various congeners and commercial mixtures are similar. As a result, the critical effect level considered most appropriate for assessment of risk to human health for this group of PBDEs in a screening context is the conservative value of 0.8 mg/kg-bw/day (for pentabromodiphenyl ether). This is based on neurobehavioural effects which were dose and time related observed in neonatal mice administered a single oral dose by gavage on post-natal day 10 and observed for a subsequent five-month period. Comparison of the critical effect level (i.e. 0.8 mg/kg-bw) to the upper bounding estimate of exposure for the total intake of all PBDEs for the potentially most highly exposed age group (2.6 µg/kg-bw/day in breast-fed infants) results in a margin of exposure of approximately 300. The selected critical effect level and deterministic estimates of exposure are considered quite conservative, consistent with the objective of screening health assessments. The conservative nature of the margin of exposure does not, however, take into account the potential continuing increase in body burden of PBDEs (based on data for breast milk), should similar use patterns continue. Prediction of trends in body burdens is precluded by the limited relevant information. This includes lack of information on the behaviour of PBDEs in human blood and tissue and transfer from human breast milk to infants as well as the uncertainty in timeframes for removal processes for PBDEs in environmental media. Determination of the adequacy of this margin to address elements of uncertainty associated with limitations of the database for health effects and population exposure (in which confidence overall is considered to be moderate), intraspecies and interspecies variations in sensitivity, as well as the biological adversity or severity of the effects deemed critical requires additional in-depth evaluation of the relevant data. It also requires development of additional, more meaningful information on population exposure to PBDEs. However, in view of the proposed recommendation to add PBDEs to the List of Toxic Substances based on environmental considerations, more in-depth evaluation of PBDEs from a human health perspective is considered a low priority, unless information becomes available to indicate that measures recommended to control exposure of environmental organisms to PBDEs will not be protective for human health. This priority is based on the smaller margin between the most conservative estimated critical values for exposure and effects on the environment in comparison with that for human health (approximately 7 (see footnote 1) versus 300) and experience in other countries that risk management actions to protect the environment have resulted in a reduction of exposure of humans. Conclusion On the principal basis of environmental considerations, it is proposed that PBDEs are considered "toxic" as defined in section 64 of CEPA 1999. The tetraBDEs, pentaBDEs, and hexaBDEs are persistent and bioaccumulative in accordance with the Regulations, their presence in the environment results primarily from human activity, and they are not naturally occurring radionuclides or naturally occurring inorganic substances. [19-1-o] OFFICE OF THE REGISTRAR GENERAL Appointments
April 27, 2004
JACQUELINE GRAVELLE
[19-1-o] RADIOCOMMUNICATION ACT Notice No. DGTP-004-04 — Revisions to allocations in the band 2 500-2 690 MHz and consultation on spectrum utilization The purpose of this notice is to announce the policy paper entitled Revisions to Allocations in the Band 2 500-2 690 MHz and Consultation on Spectrum Utilization, which adds new services to the Canadian Table of Frequency Allocations in the band 2 500-2 690 MHz in accordance with the Minister of Industry's announcement of November 16, 2001. The paper also proposes footnotes to establish the relationship between the various allocations, outlines current spectrum planning activities and requests comments on licensing unassigned spectrum in certain geographic areas. The November 16, 2001 announcement indicated that mobile and fixed services would be allocated throughout the band 2 500-2 690 MHz and that incumbent licensees would be able to implement their networks according to existing business plans and conditions of licence. The announcement also indicated that Industry Canada would initiate a consultation process to seek views on licensing considerations arising from the changes in the frequency allocations. Submitting comments Interested parties are invited to submit their comments on certain issues raised in the policy paper. These comments are to be submitted by August 9, 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. Respondents are requested to send their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following e-mail address: wireless@ic.gc.ca, along with a note specifying the software, version number and operating system used. Written submissions should be addressed to the Director General, Telecommunications Policy, 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 (DGTP-004-04). Obtaining copies Copies of this notice and documents referred to are available electronically on the Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum. Official printed copies of notices 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. April 30, 2004
LARRY SHAW
[19-1-o] Based on comparison of the values which formed the basis for the risk quotient analysis for wildlife, i.e. a LOEL of 2 mg/kg bw/day of commercial pentabro-modiphenyl ether for effects on the liver in rats and the dose ingested by mink consuming fish containing 1.25 mg/kg ww total PBDEs. |
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