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Notice

Vol. 138, No. 13 — March 27, 2004

GOVERNMENT NOTICES

DEPARTMENT 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. 4543-2-03338 is approved.

1. Permittee: P&O; Ports Canada Inc., Vancouver, British Columbia.

2. Type of Permit: To load waste and other matter for the purpose of disposal at sea and to dispose of waste and other matter at sea.

3. Term of Permit: Permit is valid from June 15, 2004, to June 14, 2005.

4. Loading Site(s): Vancouver Harbour — Centerm, Vancouver, British Columbia, at approximately 49°17.25' N, 123°05.50' 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 inform the appropriate Marine Communications and Traffic Services (MCTS) Centre upon departure from the loading site 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 appropriate 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 advise of the bearing and distance to the site and advise when disposal can proceed; and

(iii) The vessel must inform the appropriate 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 clamshell dredge, with 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 76 000 m3.

10. Waste and Other Matter to Be Disposed of: Dredged material consisting of silt, sand, rock, wood waste or other materials typical to the approved loading site except logs and usable wood.

10.1. The Permittee must ensure that every reasonable effort has been made to prevent the deposition of log bundling strand into material approved for loading and ocean disposal and/or remove log bundling strand from material approved for loading and ocean disposal.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit-issuing office before commencement of the project as to the dates on which the loading or dumping will occur.

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.

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, regarding the issuance of a "Notice to Shipping." The Permittee should contact the Regional Manager, Regional Marine Information Center, 2380-555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6012 (telephone), (604) 666-8453 (facsimile), or 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 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.

A. MENTZELOPOULOS
Environmental Protection
Pacific and Yukon Region

[13-1-o]

DEPARTMENT 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. 4543-2-03341 is approved.

1. Permittee: Delta Tug & Barge Ltd., Delta, British Columbia.

2. Type of Permit: To load waste and other matter for the purpose of disposal at sea and to dispose of waste and other matter at sea.

3. Term of Permit: Permit is valid from April 26, 2004, to April 25, 2005.

4. Loading Site(s):

(a) Various approved sites on Howe Sound at approximately 49°24.00' N, 123°31.00' W;

(b) Various approved sites on the southeast portion of Vancouver Island, at approximately 49°10.00' N, 123°56.00' W;

(c) Various approved sites in Fraser River Estuary, at approximately 49°12.00' N, 123°08.00' W; and

(d) Various approved sites in Vancouver Harbour, at approximately 49°18.70' N, 123°08.00' W.

5. Disposal Site(s):

(a) Five Finger Disposal Site: 49°15.20' N, 123°54.60' W, at a depth of not less than 280 m;

(b) Haro Strait Disposal Site: 48°41.00' N, 123°16.40' W, at a depth of not less than 200 m;

(c) Point Grey Disposal Site: 49°15.40' N, 123°22.10' W, at a depth of not less than 210 m;

(d) Porlier Pass Disposal Site: 49°00.20' N, 123°29.80' W, at a depth of not less than 200 m;

(e) Sand Heads Disposal Site: 49°06.00' N, 123°19.50' W, at a depth of not less than 70 m;

(f) Victoria Disposal Site: 48°22.30' N, 123°21.80' W, at a depth of not less than 90 m; and

(g) Watts Point Disposal Site: 49°38.50' N, 123°14.10' W, at a depth of not less than 230 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

(i) The vessel must inform the appropriate Marine Communications and Traffic Services (MCTS) Centre upon departure from the loading site 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 appropriate 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 advise of the bearing and distance to the site and advise that disposal can proceed; and

(iii) The vessel will inform the appropriate 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 clamshell dredge or suction cutter dredge and pipeline, with disposal by hopper barge or end dumping.

8. Rate of Disposal: As required by normal operations.

9. Total Quantity to Be Disposed of: Not to exceed 15 000 m3.

10. Waste and Other Matter to Be Disposed of: Silt, sand, rock, wood waste and other materials typical to the approved loading site except logs and usable wood.

10.1. The Permittee must ensure that every reasonable effort has been made to prevent the deposition of log bundling strand into material approved for loading and ocean disposal and/or remove log bundling strand from material approved for loading and ocean disposal.

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) the 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 the 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 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, regarding the issuance of a "Notice to Shipping." The Permittee should contact the Regional Manager, Regional Marine Information Centre, 2380-555 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 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, the nature and quantity of material disposed of, and the dates on which the activity occurred.

A. MENTZELOPOULOS
Environmental Protection
Pacific and Yukon Region

[13-1-o]

DEPARTMENT 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. 4543-2-06275 is approved.

1. Permittee: Dorset Fisheries Ltd., Long Cove, 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 May 19, 2004, to May 18, 2005.

4. Loading Site(s): 47°34.50' N, 53°40.00' W, Long Cove, Newfoundland and Labrador.

5. Disposal Site(s): 47°36.00' N, 53°39.00' W, at an approximate depth of 100 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 1 500 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, Department of the Environment, 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 shall 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.

IAN TRAVERS
Environmental Protection
Atlantic Region

[13-1-o]

DEPARTMENT 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. 4543-2-06280 is approved.

1. Permittee: Breakwater Fisheries Ltd., Herring Neck, 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 April 28, 2004, to April 27, 2005.

4. Loading Site(s): 49°38.60' N, 54°35.00' W, Herring Neck, Newfoundland and Labrador.

5. Disposal Site(s): 49°38.06' N, 54°37.00' W, at an approximate depth of 75 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 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 material.

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, Department of the Environment, 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, aircraft, platform 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.

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 under the Canadian Environmental Protection Act, 1999.

IAN TRAVERS
Environmental Protection
Atlantic Region

[13-1-o]

(Erratum)

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to reporting of greenhouse gases (GHGs) for 2004

Notice is hereby given that in the notice bearing the above-mentioned title published in the Canada Gazette, Part I, Vol. 138, No. 11, dated Saturday, March 13, 2004, on page 570, in the second line of the second paragraph, the word kilotons should have read kilotonnes.

[13-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2004-66-01-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999, (see footnote a) the Minister of the Environment has added the substances referred to in the annexed order to the Domestic Substances List;

Therefore, the Minister of the Environment, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999, (see footnote b) hereby makes the annexed Order 2004-66-01-02 Amending the Non-domestic Substances List.

Ottawa, March 12, 2004

DAVID ANDERSON
Minister of the Environment

ORDER 2004-66-01-02 AMENDING THE
NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:

67700-50-9

COMING INTO FORCE

2. This Order comes into force on the day on which the Order 2004-66-01-01 Amending the Domestic Substances List comes into force.

[13-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2004-87-01-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999, (see footnote c) the Minister of the Environment has added the substances referred to in the annexed order to the Domestic Substances List;

Therefore, the Minister of the Environment, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999, (see footnote d) hereby makes the annexed Order 2004-87-01-02 Amending the Non-domestic Substances List.

Ottawa, March 12, 2004

DAVID ANDERSON
Minister of the Environment

ORDER 2004-87-01-02 AMENDING THE
NON-DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part 1 of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:

1696-20-4 4394-85-8 6675-28-1
26354-05-2 26426-04-0 29294-36-8
31942-54-8 52907-82-1 54660-00-3
61482-63-1 64754-97-8 68015-31-6
68015-12-3 68092-27-3 68227-33-8
68476-71-1 68512-79-8 68604-47-7
68606-59-7 68606-71-3 68698-72-6
68956-34-3 68958-29-2 68958-76-9
70131-70-3 71662-44-7 71786-43-1
74082-32-9 74512-23-5 79770-95-9
79771-16-7 92124-73-7 95823-40-8
110489-05-9 115323-07-4 118421-10-6
131459-42-2 132674-74-9 134782-48-2
147256-33-5 158252-90-5 161817-53-4
161973-21-3 165445-21-6 165445-22-7
165445-23-8 177729-04-3 178535-25-6
180513-31-9 195628-73-0 215324-60-0
247243-62-5    

2. Part 3 of the List is amended by deleting the following:

16289-8 Fatty acids, polymers with glycerol and poly
(oxy-1,2-ethanediyl)

COMING INTO FORCE

3. This Order comes into force on the day on which the Order 2004-87-01-01 Amending the Domestic Substances List comes into force.

[13-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Roster of review officers

The Minister of the Environment, pursuant to the provisions of Part 10, section 243, of the Canadian Environmental Protection Act, 1999, has established a roster of review officers. The following persons constitute the roster of review officers:

Louis LaPierre — Moncton, New Brunswick

Margot Priest — Pakenham, Ontario

John Roe — Victoria, British Columbia

The Minister of the Environment, pursuant to Part 10, subsection 244(1), of the Canadian Environmental Protection Act, 1999, has appointed Margot Priest as the Chief Review Officer to perform the functions of the Chief Review Officer as and when required.

DAVID ANDERSON
Minister of the Environment

[13-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

Federal agenda on the reduction of emissions of volatile organic compounds from consumer and commercial products

Notice is hereby given that the Minister of the Environment and the Minister of Health have developed a federal agenda on the reduction of emissions of volatile organic compounds from consumer and commercial products as annexed.

DAVID ANDERSON
Minister of the Environment

PIERRE S. PETTIGREW
Minister of Health

ANNEX

Federal Agenda on the Reduction of Emissions of Volatile Organic Compounds from Consumer and Commercial Products

The Minister of the Environment and the Minister of Health intend to develop and implement a series of measures between 2004 and 2010 to further protect the health of Canadians and the environment from problems associated with air pollution by reducing emissions of volatile organic compounds (VOCs) from consumer and commercial products.

Background

Particulate matter (PM) and ground-level ozone are the main ingredients of smog and cause serious health effects for Canadians, including thousands of premature deaths, hospital admissions and emergency room visits every year. Recent studies have confirmed these negative impacts and shown that air pollution is also associated with an increased risk of lung cancer and heart disease. Up to two thirds of fine PM and almost all ground-level ozone are formed in the atmosphere from gaseous precursors. As a result, in order to address PM and ground-level ozone, it is necessary to address the precursors as well.

VOCs are precursor pollutants contributing to the formation of ground-level ozone and PM. Anthropogenic sources of VOCs include combustion and evaporation processes associated with transportation, the industrial sector, application of paints and other surface coatings and general solvent use.

In recognition of the significant adverse human health effects of ground-level ozone and PM, the Government of Canada and the provinces and territories, except Quebec, adopted new Canada-wide standards for both of these air pollutants. These standards establish ambient target levels to be achieved by 2010: 65 parts per billion in the case of ozone and 30µg/m3 for PM less than 2.5 micrometres in diameter. Achieving these targets will require significant reduction of emissions of PM, ozone, and their precursors, including VOCs. VOCs that participate in atmospheric photochemical reactions as precursors to PM and ground-level ozone were added to Schedule 1 (List of Toxic Substances) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) in July 2003, to make available a full range of management instruments under the Act.

Emissions of VOCs from solvents used in many consumer and commercial products constitute a significant source of anthropogenic VOCs to the atmosphere. The scope of consumer and commercial products is very broad and includes not only household consumer products but many products used commercially and in industrial operations. This vast universe of products ranges from underarm antiperspirants, paints used in homes, inks used in commercial printing, and degreasing agents. While individually small sources of VOCs, in total they contribute significantly to the overall atmospheric loadings of VOCs and the associated ozone and PM problem.

The Government of Canada's Interim Plan 2001 on Particulate Matter and Ozone includes a commitment to develop an action plan to reduce VOCs from products. The $120.2-million package for clean air initiatives announced in the budget of February 2001 included resources for development and implementation of this plan, with additional resources for work on VOC-containing products included as part of the $40 million provided in the budget of February 2003.

To achieve domestic goals for ozone and fine PM in some areas of Canada, transboundary measures are required to curb air pollution originating in the United States. In December 2000, Canada and the United States signed an agreement to reduce transboundary air pollution, in the form of an Ozone Annex to the 1991 Canada—U.S. Air Quality Agreement. The Ozone Annex commits Canada to take measures to reduce VOC emissions and contains specific commitments to take action to reduce VOC emissions from consumer and commercial products.

In October 2002, Environment Canada initiated consultations on the Federal Agenda by meeting with key industry stakeholder groups to ensure they were aware of the Government's intention to develop an action plan for consumer and commercial products and to encourage their participation in the consultation process on proposed measures. To facilitate stakeholder participation, Environment Canada developed a discussion document entitled Future Canadian Measures for Reducing Emissions of Volatile Organic Compounds (VOCs) from Consumer and Commercial Products to lay out the background on the various issues and to describe proposed actions that would serve as the basis for consultations.

In February 2003, Environment Canada distributed the discussion document to stakeholders, along with an invitation to a March 2003 consultation workshop. Over 55 representatives of industry, environmental and health groups, municipalities, and federal and provincial governments attended the workshop. All parties were invited to make presentations at the workshop and to provide written submissions outlining their views on the proposed actions. A workshop report was prepared by Environment Canada, describing the major comments, points of view and proposals of participants, and was distributed to all interested stakeholders. Environment Canada offered to meet industry stakeholders on a bilateral basis following the workshop to further discuss their views, and some arranged meetings for this purpose.

Following a thorough review and full consideration of stakeholder comments, the Minister of the Environment and the Minister of Health have developed a Federal Agenda of planned measures and future initiatives to reduce emissions of VOCs from consumer and commercial products. In considering measures for the Agenda, particular attention has been paid to control actions in place in the United States to identify opportunities for utilizing similar approaches and strategies in Canada.

Measures under this Federal Agenda are part of the overall effort required to reach the Canada-wide Standards targets and complement other initiatives, such as the measures outlined in the Federal Agenda on Cleaner Vehicles, Engines and Fuels, and actions to be taken by the provinces and territories. Federal Agenda measures to reduce VOC emissions from products will also deliver on the commitment under the Ozone Annex to the Canada—U.S. Air Quality Agreement to take action in this area. Consistent with Canada-wide Standards and Ozone Annex delivery dates, all measures specified in the Agenda will be implemented by 2010. The following is a summary of the main action items respecting this Agenda.

Summary of planned actions on reducing VOC emissions from consumer and commercial products

1. Action on National Emission Standards for VOC Content of Consumer and Commercial Products

The Minister of the Environment and the Minister of Health intend to proceed with the development of regulations under Part 5 of CEPA 1999 to establish national VOC emissions standards for certain consumer and commercial products by prescribing maximum VOC content limits. The intent of these regulations is to align with similar requirements implemented in the United States. The primary point of reference for such alignment will be regulatory measures by the U.S. Environmental Protection Agency (EPA); however, regulatory actions taken by U.S. regional authorities to achieve the U.S. National Ambient Air Quality Standard for ground-level ozone, such as the States of the Ozone Transport Commission (22 northeastern and mid-western States) and the State of California, will also be considered. The following specific regulatory initiatives are planned.

Consumer products

— The proposed Regulations under CEPA 1999 will be developed for national VOC emission standards for certain categories of consumer products; aligned with the requirements of the U.S. EPA rule, National Volatile Organic Compound Emission Standards for Consumer Products, September 1998, and taking into consideration the requirements of the U.S. Ozone Transport Commission's Model Rule for Consumer Products, March 2001, where appropriate.

— The proposed Regulations will be developed through the regulatory process, commencing in 2004 with implementation by 2007.

— The voluntary measures proposed in the CEPA 1999 Guideline for Reducing Emissions of Volatile Organic Compounds from Consumer Products, November 2002, will be considered in the development of the proposed Regulations. The recommended emission standards included in the Guideline are based on the U.S. EPA rule.

— As part of the Formulants Program, Health Canada's Pest Management Regulatory Agency will manage VOC content in pesticide products included in the U.S. EPA rule, under the authority of the Pest Control Products Act. A strategy and any instruments for managing VOCs in pesticides will be developed, commencing in 2004 with implementation by 2007.

Architectural and industrial maintenance coatings

— The proposed Regulations under CEPA 1999 will be developed for national VOC emission standards for certain categories of architectural and industrial maintenance coatings, aligned with the requirements of the U.S. EPA rule, National Volatile Organic Compound Emission Standards for Architectural Coatings, September 1998, and taking into consideration the requirements of the U.S. Ozone Transport Commission's Model Rule for Architectural and Industrial Maintenance Coatings, March 2001, where appropriate.

— The proposed Regulations will be developed through the regulatory process, commencing in 2004 with implementation by 2006.

Automobile refinish coatings

— The proposed Regulations under CEPA 1999 will be developed for national VOC emission standards for automobile refinish coatings, aligned with the requirements of the U.S. EPA rule, National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings, September 1998, and taking into consideration the U.S. Ozone Transport Commission's Model Rule for Mobile Equipment Repair and Refinishing, March 2001, and the National Standards for the Volatile Organic Compound Content of Canadian Commercial/ Industrial Surface Coating Products — Automotive Refinishing, October 1998, developed by the Canadian Council of Ministers of the Environment (CCME).

— The proposed Regulations will be developed through the regulatory process, commencing in 2004 with implementation by 2007.

Future action on other consumer and commercial products

— Over the longer term, the ministers of the Environment and of Health intend to continue the approach of generally aligning Canadian national emission standards for the VOC content of consumer and commercial products with national actions taken in the United States. In the next few years, the U.S. EPA will determine the control strategies to be implemented for a number of additional consumer and commercial product categories, and the establishment of national regulatory standards may be the option selected in some cases. Early indications are that aerosol spray paints are one category for which the U.S. EPA is strongly considering this approach. In determining future actions, environmental requirements or recommendations developed by the European Union will also be taken into account. There may also be instances where Canada determines that additional action on national regulatory standards is required to protect the health of Canadians and the environment.

— The ministers will determine, by 2006, the strategy with regard to development and implementation of additional national regulatory standards for consumer and commercial products over the 2007-2010 period.

— The U.S. EPA is considering utilizing the ozone-forming potential (often termed "reactivity") of VOC species in the determination of standards to be specified in future control instruments. It is intended to move in step with U.S. EPA initiatives on utilizing this approach as the basis of emission standard development for consumer and commercial products to ensure consistency.

2. Action on Emissions of VOCs from Consumer and Commercial Products at the Point of End-Use

Agreements with end-users

In certain situations, emissions from the use of VOC-containing products may be most efficiently addressed at the point of end-use. The U.S. EPA has opted to use end-use control instruments, rather than national regulatory emission standards, in such cases. While all preventive and control options will continue to be kept open, the initial option is to utilize environmental performance agreements, or other voluntary instruments, for similar sector-oriented initiatives in Canada.

— Environment Canada will pursue the negotiation of an Environmental Performance Agreement with the manufacturers of automobiles and light-duty trucks, which will include provisions for the reduction of VOC emissions from coatings used in the assembly phase of these vehicles. In determining the specifications for VOC reductions, careful consideration will be given to alignment with the U.S. EPA requirements included within the Control Technique Guideline for users of automobile and light-truck assembly coatings. This Environment Performance Agreement is targeted for completion by 2005.

— Environment Canada will pursue the development of an Environmental Performance Agreement with major aerospace operations to address VOC reductions from coatings used for manufacturing and rework. In developing specifications for the instrument, careful consideration will be given to the Control Technique Guideline developed by the U.S. EPA for this sector.

— Environment Canada will build upon VOCs control initiatives included in the 2002 Environmental Performance Agreement with the Automotive Parts Manufacturers Association. Environment Canada intends to pursue the renewal of this Agreement beyond the current 2007 expiry date, with inclusion of VOC reduction measures consistent with the requirements to be developed by the U.S. EPA for VOC controls for plastic parts coatings. The renewed Environmental Performance Agreement will be in place by 2008.

— Environment Canada will pursue development of environmental performance agreements, or other appropriate voluntary instruments, to address VOC emissions from products used in printing and publishing operations. Due to the variety of operations in this sector, Environment Canada will initially develop a strategy for federal action which will include careful consideration of initiatives by the U.S. EPA and the California Air Resources Board in the areas of lithographic printing materials, flexible package printing materials, letterpress printing materials, and paper, film and foil coatings. The strategy will be determined by 2005 and actions identified in place by 2009.

— Environment Canada will also review existing voluntary agreements to which it is a partner and identify, by 2005, any that could usefully be modified to address VOC-containing products.

Promotion and outreach

— Environment Canada intends to analyze actions taken in the United States by the Ozone Transport Commission and the California Air Resources Board to control VOC emissions from degreasing and commercial cleaning products on the basis of volatility and content requirements in order to determine the feasibility and practicality of developing a guideline under CEPA 1999 modeled on this approach. Such a measure would be complementary to the equipment design and operation criteria of the Environmental Code of Practice for the Reduction of Solvent Emissions from Commercial and Industrial Degreasing Facilities (1995) developed by the CCME.

— Environment Canada will promote adoption by Canadian industry of the best practices for VOC emissions control and reduction developed by the CCME with respect to degreasing (1995), printing (1999), automotive refinish coating (1998), and industrial maintenance coating (2001). This information is the product of a significant federal/provincial/territorial effort and offers considerable reduction potential if widely applied. Environment Canada's promotion activities will be in co-operation with the provinces and territories. This activity will be ongoing over the course of the Agenda.

— The National Pollutant Release Inventory (NPRI) will report on VOC emissions from facilities that are major users of VOC-containing products. This effort will provide a yearly report card on the success of reduction efforts at these sites.

3. Action on Federal House Emissions of Volatile Organic Compounds from Consumer and Commercial Products

Green procurement

Greener government purchasing is part of the Government of Canada's larger goal to integrate sustainable development into the day-to-day decision making at federal operations. In addition, by virtue of being the largest single buyer and purchaser in Canada, the Government of Canada, through its purchasing practices, can have a significant impact on the products and services available in the marketplace. Effective use of federal purchasing offers the opportunity to influence industry by strengthening market demand for low VOC content products and the implementation of best available VOC control practices at provider operations. Consequently, green procurement not only results in the direct reduction of VOC emissions from federal operations, it also leverages additional reductions in the private sector.

— Environment Canada, working with other federal departments and agencies, intends to pursue the development of criteria that will identify low VOC content consumer and commercial products for the purpose of government-wide green procurement. The basis of such specifications will be low VOC content products certified under the Environmental Choice Program and recommended VOC content limits developed by the CCME for a variety of consumer and commercial products.

— Environment Canada will work with other federal departments and agencies to develop criteria for green procurement from private sector providers of services in publishing/ printing, auto-refinishing, painting/coating and degreasing. These specifications will facilitate the implementation by private sector providers of the VOC control and reduction measures recommended for these types of operations under relevant codes of practice and guidelines developed by the CCME.

— These initiatives relevant to green procurement specifications for the federal government will be completed by 2006.

Preventive and control measures under CEPA 1999

— The Minister of the Environment will develop preventive and control measures under Part 9 of CEPA 1999 specific to (i) the use of industrial maintenance coatings and (ii) degreasing. Direction (e.g. guidelines, codes of practice, regulations) will be provided to federal operations that are significant users of industrial maintenance and degreasing products on VOC content standards and control/capture measures to be implemented. In developing the instruments, careful consideration will be given to information specific to those two categories of products developed by the CCME. The preventive and control measures will be completed by 2008.

— Should some of the provinces and/or territories choose to utilize mandatory requirements in implementing their action plans to achieve the Canada-wide Standards for PM and ozone, action under Part 9 of CEPA 1999 may be considered for federal operations in that jurisdiction to effect equivalent or better requirements.

Contact

Ms. Peggy Farnsworth, Director, Transboundary Air Issues Branch, Air Pollution Prevention Directorate, Environment Canada, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, (819) 994-9535 (telephone), (819) 994-3479 (facsimile).

[13-1-o]

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-001-04 — Spectrum provisions for introducing licence-exempt radios in the land mobile frequency sub-bands 462/467 MHz

The purpose of this notice is to announce the release of a spectrum policy that outlines the Department's intention and process to permit the operation of General Mobile Radio Service (GMRS) radios in Canada as early as September 2004. These radios will be permitted on a licence-exempt basis in a designated set of frequencies in the frequency range 462/467 MHz. As part of this spectrum policy, the Department has established a process to notify and deal with certain incumbent land mobile licensees in the frequencies designated for GMRS before these radios are certified for sale in Canada.

To obtain copies

Copies of the document are available electronically on the Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum.

Official printed copies of this notice 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.

March 19, 2004

JAN SKORA
Director General
Radiocommunications and Broadcasting
Regulatory Branch

LARRY SHAW
Director General
Telecommunications Policy Branch

[13-1-o]

Footnote a

S.C. 1999, c. 33

Footnote b

S.C. 1999, c. 33

Footnote 1

Supplement, Canada Gazette, Part I, January 31, 1998

Footnote c

S.C. 1999, c. 33

Footnote d

S.C. 1999, c. 33

Footnote 2

SI/91-149

 

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