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Vol. 136, No. 35 — August 31, 2002 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, the conditions of Permit No. 4543-2-06134 are amended as follows: 3. Term of Permit: Permit is valid from October 10, 2002, to October 9, 2003. K. G. HAMILTON [35-1-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, the conditions of Permit No. 4543-2-06150 are amended as follows: 4. Loading Site(s): New section in the Main Channel in Saint John Harbour: 45°16.00' N, 66°04.00' W (NAD83). 12.10. The loading of dredged materials authorized by this permit is restricted to the following locations: Navy Island Terminal (Berth Nos. 1 and 2) and Centre, and portion of the Main Channel. The locations are described by the drawing "Dredging Quantities by Area" submitted in support of the permit application. K. G. HAMILTON [35-1-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. 4543-2-06195 is approved. 1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick. 2. Type of Permit: To load and dispose of dredged material. 3. Term of Permit: Permit is valid from October 1, 2002, to May 30, 2003. 4. Loading Site(s): 47°46.84' N, 64°33.91' W (NAD83), Sainte-Marie-Saint-Raphaël as described in the drawing Site Plan (July 2002) submitted in support of the permit application. 5. Disposal Site(s): 47°46.66' N; 64°33.91' W (NAD83), as described in the drawing Site Plan (July 2002) submitted in support of the permit application. 6. Route to Disposal Site(s): Via pipeline. 7. Equipment: Suction dredge and pipeline or mechanical dredge and scow. 8. Method of Disposal: Via pipeline or scow. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 8 000 m3 place measure. 11. Waste and Other Matter to Be Disposed of: Dredged material consisting of sand and silty sand. 12. Requirements and Restrictions: 12.1. It is required that the Permittee notify in writing, by facsmile or electronic mail, Mr. Clark Wiseman, Environmental Protection Branch, Department of the Environment, 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), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall include the equipment to be used, contractor, contact for the contractor, and expected period of dredging. 12.2. A written report shall be submitted to Mr. Clark Wiseman, 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 of material disposed of and the dates on which the loading and disposal activities occurred. 12.3. Procedures to accurately measure or estimate quantities of dredged material disposed of at each disposal site shall be submitted to Mr. Victor Li, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 490-0705 (Facsimile). The procedures shall be approved by the Department of the Environment prior to the commencement of the first dredging operation to be conducted under this permit. 12.4. 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. 12.5. The Permittee shall notify in writing Mr. Marc Godin, Area Habitat Coordinator, Department of Fisheries and Oceans, Station Main, P.O. Box 3420, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-3809 (Facsimile) at least 48 hours prior to the commencement of the first dredging operation to be conducted under this permit. 12.6. A copy of this permit and the documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway. 12.7. The dredging and disposal at sea authorized by this permit shall only be carried out by the Permittee or by any person with written approval from the Permittee. Within 24 hours of authorizing approval to another person to conduct the dredging and disposal authorized by this permit, the Permittee shall submit by facsimile (902) 426-7924 to Mr. Clark Wiseman, Environmental Protection Branch, Department of the Environment, a copy of the written approval. K. G. HAMILTON [35-1-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. 4543-2-06196 is approved. 1. Permittee: Torngat Fish Producers Co-operative Society Limited, Happy Valley, 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 October 10, 2002, to October 9, 2003. 4. Loading Site(s): 55°05.30' N, 59°10.60' W, Makkovik, Newfoundland and Labrador. 5. Disposal Site(s): 55°05.60' N, 59°10.20' W, at an approximate depth of 37 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 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, 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 by any person 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. K. G. HAMILTON [35-1-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. 4543-2-06197 is approved. 1. Permittee: Torngat Fish Producers Co-operative Society Limited, Happy Valley, 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 October 10, 2002, to October 9, 2003. 4. Loading Site(s): 56°32.61' N, 61°41.30' W, Nain, Newfoundland and Labrador. 5. Disposal Site(s): 56°32.61' N, 61°41.00' W, at an approximate depth of 17 m. 6. Route to Disposal Site: Most direct navigational route from loading site to 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 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, 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. 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, 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). K. G. HAMILTON [35-1-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. 4543-2-06198 is approved. 1. Permittee: Torngat Fish Producers Co-operative Society Limited, Happy Valley, 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 October 10, 2002, to October 9, 2003. 4. Loading Site(s): 55°27.50' N, 60°12.90' W, Hopedale, Newfoundland and Labrador. 5. Disposal Site(s): 55°27.20' N, 60°12.35' W, at an approximate depth of 40 m. 6. Route to Disposal Site: Most direct navigational route from 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 that 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 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, 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. K. G. HAMILTON [35-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice to Anyone Engaged in the Use of Methyl Bromide The Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer have agreed to phase out the production and consumption of methyl bromide. The Ninth Meeting of the Parties decided to allow for possible exemptions to these production/consumption phase-out dates in order to meet the marketplace demand for uses that are considered "critical". The Parties have established criteria and a procedure to assess nominations for "critical" use exemptions. Canada, as a signatory to the Montreal Protocol, must ensure that the requirements of this international treaty are implemented in Canada. Pursuant to subparagraphs 68(a)(ix) and 68(a)(xiii) of the Canadian Environmental Protection Act, 1999, the following notice describes the criteria, process and schedule that the Department of the Environment will use to determine the relevance of nominations received for an exemption for a "critical" use of methyl bromide, as agreed to under the Montreal Protocol on Substances that Deplete the Ozone Layer. If the nomination is accepted by the Parties to the Montreal Protocol, the Party in possession of the exemption authorises the applicant to acquire the methyl bromide according to the terms of the decision. The decision will be implemented in respect to the regulatory provisions for methyl bromide and allow the production or importation of new methyl bromide after the phase-out date. The use of methyl bromide present in Canada before the phase-out date or the use of recycled or reclaimed methyl bromide does not require an application for exemption. Users of methyl bromide are hereby invited to submit, for exemptions for the year 2005, prior to October 30 2002, their nominations for such "critical" use exemptions, as described in this notice. FRANCE JACOVELLA I. Introduction The Fourth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (1987) agreed to add methyl bromide to the list of ozone-depleting substances subject to control. The Seventh Meeting of the Parties agreed to phase out the production and consumption (see footnote 1) of methyl bromide by January 1, 2010. The Ninth Meeting of the Parties revised the phase-out date to January 1, 2005 and established interim reduction steps. The Ninth Meeting of the Parties agreed to allow for possible exemptions to this production/consumption phase-out date in order to meet the marketplace demand for uses that are considered "critical". The Parties established (Decision IX/6) criteria to assess nominations for "critical" use exemptions. The Parties also agreed (Decision IX/7) to allow the use, in response to an emergency event, of quantities not exceeding 20 tonnes of methyl bromide. Canada, as a signatory to the Montreal Protocol, must ensure that the requirements of this international treaty are implemented in Canada. Canada has developed a domestic control program to do so. In 1995, Canada's Ozone Layer Protection Program was revised and it was decided to phase out methyl bromide by January 1, 2001. In 1998, because of the change in position of Canada's major trading partners regarding their domestic phase-out date, Canada changed its position and decided to adopt the international phase-out schedule. II. Criteria for "critical" use For the implementation in Canada of the Montreal Protocol requirements, a use of methyl bromide shall qualify as "critical" if and only if the following conditions are met:
(1) the specific use is "critical" because the lack of availability of
methyl bromide for that use would result in a significant market disruption;
(see footnote 2) The process that leads to decisions on "critical" use exemptions will consist of a domestic process and an international process. The domestic process is as follows: (01) An organisation (user) in Canada makes an application (see footnote 5) for a "critical" use exemption to Environment Canada. This application must fulfil the information requirements identified in section V of this document. Contact Information Written submissions must be received at the following address by October 30, 2002, to: Section Head, Ozone Protection Programs Section, National Office of Pollution Prevention, Environment Canada, Place Vincent Massey, 12th Floor, Hull, Quebec K1A 0H3. (02) Environment Canada sends the application to the Methyl Bromide Critical Use Advisory Committee. The advisory committee consists of independent experts who are knowledgeable about the alternatives available and the pest problems faced by the sector for which the exemption is requested. Advisory Committee The advisory committee will consist of representatives from: The purpose of the advisory committee is to advise and evaluate applications on behalf of Environment Canada and forward to the Minister applications that meet the "critical" use criteria. (03) The Advisory committee submits its recommendation to Environment Canada, including conditions on how the substance should be used. (04) Environment Canada makes a decision in consultation with Agriculture and Agri-Food Canada and informs the applicant. (05) The applicant may appeal to the Minister of the Environment if they are not satisfied with the decision. The international process is as follows: (06) Nomination: Canada submits its "critical" use nomination to the Ozone Secretariat of the United Nations Environment Programme (UNEP) by January 31 of the year in which a decision is required; earlier submissions are encouraged. (see footnote 6) The nomination would be valid for a period commencing on January 1 of the year following the decision or as specified in the decision. (07) Assignment: The Ozone Secretariat forwards the nominations to the Technology and Economic Assessment Panel (TEAP). (08) Review: The TEAP reviews the nomination to determine if it meets the criteria for a "critical" use established by Decision IX/6 and either recommends the nomination to the Open-Ended Working Group (OEWG) of the Parties to the Montreal Protocol or reports that it is unable to recommend the nomination. The TEAP report to the OEWG is due by April 30 of the year of decision. (09) Evaluation: The Open-Ended Working Group (OEWG) reviews the TEAP report and recommends a decision for consideration by the Parties. (10) Decision: The Meeting of the Parties decides whether to allow production for "critical" use in accordance with the Montreal Protocol. The Parties may attach conditions to their approval. (11) National decision: The Party in possession of a "critical" use exemption authorizes the applicant to acquire the methyl bromide according to the terms of the decision. (12) Execution of authorization: the applicant exercises its authorization to use methyl bromide, according to the terms of the decision. Note: The Montreal Protocol authorizes but does not require production; each applicant must locate a willing supplier and negotiate supply. IV. Timetable The domestic timetable for the submission of nominations for "critical" use exemption is as follows:
The international timetable for the submission of nominations for "critical" use exemption is as follows:
V. Information requirements The forms recommended for nomination are attached as appendix I and appendix II. They call for information in the following areas: — market significance of use; VI. Canadian assessment of nominations Only the Government of Canada, as a Party to the Protocol, may nominate "critical" use exemptions for Canada. Organizations and/or individuals interested in obtaining an exemption for methyl bromide for 2005 are hereby invited to submit nominations to the Department of the Environment. The Department of the Environment will evaluate all nominations received in order to decide whether to support them for international review using the following process and schedule.
(2) Nominations will be rigorously evaluated in consultation with independent recognized experts, other government departments and non-government organizations who will have complete access to all submitted information. (3) The final decision to accept any nomination or to forward any nomination for international consideration rests with the Government of Canada. (4) No nomination will be accepted from an applicant who has not had a methyl bromide allowance or used methyl bromide during the past three years. (5) The quantity of methyl bromide requested in the nomination can not exceed 30 percent of the individuals' baseline allowance. Forms to nominate "CRITICAL" USE EXEMPTIONS for METHYL BROMIDE APPLICANT The contact details required for the applicant responsible for preparing the application are as follows: — Name; The applicant should also advise the details of the individual end users represented by the application, whether they be individuals, companies, subsidiaries or other organizations. Postal address details and the name of a contact in these organizations only need to be provided. Identification of Nominate Use Identify and describe in detail the nominated use Specify the crop type (e.g. seeds), cropping system (e.g. glasshouse), location of use, soil type and details of the climatic zone associated with areas where the exemption is requested. Identify the pest or problem methyl bromide is being used to control. Applicants should note that a separate application should be submitted for each commodity/use for which the applicant is seeking an exemption. Indicate the quantity of methyl bromide being requested Include the number of kilograms per hectare covered, the total number of kilograms of methyl bromide requested in the exemption, the rate of application and the duration of the exemption requested. Note: 1. The amount of methyl bromide requested in the application for "critical" use exemption can not exceed 2003/2004 allowance levels. 2. The TEAP recommended to the Parties that nominations which were granted multi-year exemptions be reviewed annually for quantities required and biennially for essentiality. Substantiation of Nominated Use Market Significance How would the lack of availability of methyl bromide for that use result in a significant market disruption? Alternatives/Substitutes Explain what alternatives or substitutes to the nominated use are currently available. Explain what steps are being taken to implement these alternatives and substitutes. Provide a detailed plan to switch to non-methyl bromide alternatives. Explain in detail why alternatives and substitutes are not sufficient or appropriate to eliminate the nominated use. Explain why each alternative is technically and economically unsuitable for the nominated use, including logistical and regulatory constraints. Steps to Minimize Use Describe all steps that are being taken to minimize the nominated use. Steps to Minimize Emissions What steps are being taken to minimize the emissions associated with the nominated use. Include techniques (e.g. tarpaulins and methyl bromide injections) and if reduction techniques are not to be used, give reasons. Estimate the ultimate portion of methyl bromide emitted in the use, or recycled or destroyed. Complete the following table:
Recycling and Stockpiling Explain why recycled and stockpiled methyl bromide is not available in adequate quantity and quality for the nominated use. Where any end users represented in the application have themselves stockpiled supplies of methyl bromide, the application must provide details of the quantity of this stockpile. Research Efforts Provide details of current and on going research programs that are in place to develop and deploy alternatives and substitutes, including: — name the organizations and person(s) that carried out the work;
Describe factors that affect the timetable for the introduction of alternatives and substitutes (including regulatory requirements). Include alternatives considered suitable but not allowed/approved by regulatory authorities. Substantiation of Volumes Indicate the actual or estimated quantities of methyl bromide used in years prior to the first year for which the use is nominated for exemption. Explain the trends in quantities used in the five years prior to the year(s) for which the use is nominated for exemption. Include details on the historic use of methyl bromide in total kilograms including quantities and dates, as well as crops on which methyl bromide was historically used. Market Price Price received by the user and in major markets For at least the most recent year for which the Party is providing data regarding the historic use of methyl bromide in total kilograms, provide farm gate prices for the produce from the treated areas, and price in major markets. [35-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 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 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:
(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:
(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
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 No. 1: June 30, 2004 Interim Progress Report No. 2: June 30, 2005 Interim Progress Report No. 3: June 30, 2006 Interim Progress Report No. 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 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 For residents of Newfoundland and Labrador, Prince Edward Island, Nova
Scotia and New Brunswick For residents of Quebec For residents of Ontario For residents of Manitoba, Saskatchewan, Alberta, the Northwest Territories
and Nunavut For residents of British Columbia and Yukon 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)
Please refer to the instruction booklet "Instruction for Completing the Schedules to the Canada Gazette Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Dichloromethane" for direction on how to complete this Declaration. Is this an amendment to a Declaration previously submitted? If yes, complete Parts 1.0 and 9.0, and any other Parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted. 1.0 Facility Information
2.0 Use of Plans Prepared or Implemented for Another Purpose Is the pollution prevention plan used to fulfill the obligations of this notice: — a pollution prevention plan that was previously prepared on a
voluntary basis? — a pollution prevention plan that was previously prepared for another government or under another Act of Parliament? ϒ Yes ϒ No If yes, identify the other government requirement(s) or Act(s) of Parliament. The following section (Parts 3.0 through 7.0) must be completed separately for each applicable industrial activity listed in Part 3.0 of this Declaration. 3.0 Substance in the Notice and Industrial Activity
4.0 Baseline Information Prior to Implementation of the Pollution Prevention (P2) Plan Notes: (a) The data collected in Parts 4.1 through 4.4 of this Declaration mimic the reporting format of the National Pollutant Release Inventory (NPRI) where possible. (b) Use the following codes where indicated, listed in declining order of expected accuracy, to describe how each quantity reported in this Part of the Declaration was determined:
C Mass balance E Emission factors O Engineering estimates (c) This Declaration requires reporting of data from the 2002 calendar year (January 1 to December 31) and base data from the 1995 calendar year. If this facility has been granted a time extension to prepare a plan that allows reporting for a year other than 2002, all references to 2002 in this Declaration are considered to represent the new year on which this facility has been granted permission to report.
If dichloromethane was not used by this facility according to the criteria set in paragraph 1 of the notice in 1995, data from the first calendar year since 1995 where dichloromethane was used according to the criteria will be reported as the base year. All references to 1995 in this Declaration are considered to represent the new base year on which this facility is reporting.
4.1 No data is required for Part 4.1 of this Declaration 4.2 On-Site Uses Did this facility use dichloromethane on-site in 2002 and/or in 1995? 2002: ϒ Yes ϒ No If yes for either year, report below all on-site uses of dichloromethane in kg/year for that year in the appropriate field. If no for both years, proceed to Part 4.3 of this Declaration. Report the total of all on-site uses of dichloromethane with the basis of estimate code, indicating how dichloromethane was used in this facility.
4.3 On-Site Releases Did this facility release dichloromethane on-site in 2002 and/or in 1995? 2002: ϒYes ϒ No
If yes for either year, report below all on-site releases of dichloromethane in kg/year for that year in the appropriate field. If no for both years, proceed to Part 4.4 of this Declaration. 4.3.1 Releases to Air Report the total of all releases of dichloromethane to air with the basis of estimate code, indicating the type(s) of release(s). Include both routine and accidental or non-routine releases.
4.3.2 Underground Injection Report the total quantity of dichloromethane injected underground on-site with the basis of estimate code.
4.3.3 Releases to Surface Waters Report the total of all releases of dichloromethane to surface waters with the basis of estimate code, indicating the type(s) of release(s).
4.3.4 Releases to Land Report the total of all releases of dichloromethane to land within the boundaries of the facility with the basis of estimate code, indicating the type(s) of release(s).
4.3.5 Total Releases Report the total quantity of dichloromethane released on-site.
4.4 Off-Site Transfers 4.4.1 No data is required for Part 4.4.1 of this Declaration 4.4.2 Off-Site Transfers for Disposal Did this facility transfer dichloromethane off-site for disposal in 2002 and/or in 1995? 2002: ϒ Yes ϒ No
If yes for either year, report below all off-site transfers of dichloromethane for disposal in kg/year for that year in the appropriate field. If no for both years, proceed to Part 4.4.3 of this Declaration. Report the total of all off-site transfers of dichloromethane for disposal with the basis of estimate code. Report only the net mass of dichloromethane that was sent off-site, not the total mass of the mixture containing dichloromethane. Report transfers to the first off-site location only and not any subsequent transfers by the waste disposal company.
4.4.3 Off-Site Transfers for Recycling Did this facility transfer dichloromethane off-site for recycling in 2002 and/or in 1995? 2002: ϒYes ϒ No
If yes for either year, report below all off-site transfers of dichloromethane for recycling in kg/year for that year in the appropriate field. If no for both years, proceed to Part 5.0 of this Declaration. Report the total of all off-site transfers of dichloromethane for recycling with the basis of estimate code. Report only the net mass of dichloromethane that was sent off-site, not the total mass of the mixture containing dichloromethane. Report transfers to the first off-site location only and not any subsequent transfers by the recycling facility.
5.0 Anticipated Results, Timelines and Methods 5.1 Anticipated Actions In the table below, describe the anticipated actions to be taken in implementing the P2 plan (Column I). In Columns II and III, identify whether each action represents a pollution prevention or other environmental approach, selecting from the list of options provided. For each action, report the corresponding change to uses, releases or transfers of dichloromethane anticipated to be achieved from implementation of that action in kg/year, where possible (Column IV). Note that predicting a quantitative change for some actions, such as training, may not be possible. In Column V, relate these changes to a specific element of the baseline information described in Parts 4.2, 4.3 and 4.4 of this Declaration using the appropriate alphabetical label (e.g., for changes to total releases to surface water, use the label "D"). In Column VI, identify the planned completion date for each action.
* Indicate a decrease with a negative sign ("-") and an increase with a positive sign ("+") in front of the reported quantity.
5.2 Total Anticipated Results The table below summarizes the total anticipated change to releases and/or transfers of dichloromethane relative to both 2002 and 1995 in kg/year and as a percentage. In Columns VII and VIII (relative to 2002), report those changes anticipated to be achieved from implementing all actions described in Part 5.1 of this Declaration. In Columns IX and X (relative to 1995), include both the changes reported in Columns VII and VIII and those achieved between 1995 and 2002 as reported in Parts 4.2, 4.3 and 4.4 of this Declaration.
*Indicate a decrease with a negative sign ("-") and an increase with a positive sign ("+") in front of the reported quantity. 6.0 Monitoring and Reporting Briefly describe the indicators chosen to assess progress, the monitoring plan (including the frequency), and the reporting components of the P2 plan in relation to dichloromethane. 7.0 Risk Management Objective Describe how the P2 plan outlined in this Declaration meets the risk management objective identified in paragraph 3(1) of the notice. If this plan does not meet the risk management objective, explain why. This ends the section (Parts 3.0 through 7.0) to be completed separately for each industrial activity identified in Part 3.0 of this Declaration. 8.0 Factors to Consider Describe how the P2 plan outlined in this Declaration takes into account the factors to be considered identified in paragraphs 3(2) and 3(3) of the notice. 9.0 Authorization I have read this Declaration, I understand its contents and I confirm that the information submitted is correct. I further understand that if any information submitted in this Declaration becomes false or misleading, I must submit an amendment to this Declaration within 30 days after the time that the information has become false or misleading.
Schedule 2: Request for Waiver of Factors to Consider — Dichloromethane (Section 56(5) of CEPA 1999)
Please refer to the instruction booklet "Instruction for Completing the Schedules to the Canada Gazette Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Dichloromethane" for direction on how to complete this Request. 1.0 Facility Information
2.0 Factor(s) for Which a Waiver is Requested Identify exactly which factor(s) listed in paragraph 3 of the notice for which a waiver is requested. 3.0 Rationale for Request Explain why it would not be reasonable or practicable to consider each factor for which a waiver is requested. Explain how consideration of the remaining factors will ensure that the resulting pollution prevention plan will satisfactorily address the substance or group of substances in relation to which the plan is to be prepared. Optional: Explain which, if any, additional factors you propose to consider in preparing the pollution prevention plan. 4.0 Authorization I have read this Request, I understand its contents and I confirm that the information submitted is correct.
Schedule 3: Request for Extension of Time — Dichloromethane
Please refer to the instruction booklet "Instruction for Completing the Schedules to the Canada Gazette Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Dichloromethane" for direction on how to complete this Request. 1.0 Facility Information
2.0 Request for Time Extension A time extension is requested (choose one): (a) ϒ to prepare a pollution prevention plan.
It is requested that the date by which a pollution prevention plan must
be prepared as per the notice be extended to ____________________ (specify
exact date year/month/day) for the facility identified in Part 1.0 of
this Request. It is understood that the "Declaration that a Pollution
Prevention Plan has been Prepared and is being Implemented — Dichloromethane
(Section 58(1) of CEPA 1999)" must be filed within 30 days after this
date, if the time extension is granted. 3.0 Rationale for Request Explain why further time is necessary to prepare or implement a pollution prevention plan or to submit an Interim Progress Report. For a request for time extension to implement a pollution prevention plan, describe the anticipated impact of the requested time extension, addressing specifically any relevant factors to be considered specified in the notice. 4.0 Authorization I have read this Request, I understand its contents and I confirm that the information submitted is correct.
Schedule 4: Interim Progress Report — Dichloromethane
Please refer to the instruction booklet "Instruction for Completing the Schedules to the Canada Gazette Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Dichloromethane" for direction on how to complete this Report. Is this an amendment to a Report previously submitted? ϒ Yes ϒ No If yes, complete Parts 1.0 and 9.0, and any other Parts of this Report where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted. 1.0 Facility Information
2.0 No data is required for Part 2.0 of this Report The following section (Parts 3.0 through 7.0) must be completed separately for each applicable industrial activity listed in Part 3.0 of this Report. 3.0 Substance in the Notice and Industrial Activity
Industrial activity for which the following information applies (choose one):
4.0 Baseline Information During Implementation of the Pollution
Prevention Notes: (a) The data collected in Parts 4.1 through 4.3 of this Report mimic the reporting format of the National Pollutant Release Inventory (NPRI) where possible. (b) Use the following codes where indicated, listed in declining order of expected accuracy, to describe how each quantity reported in this Part of the Report was determined:
C Mass balance E Emission factors O Engineering estimates (c) This Notice requires reporting of data in an Interim Progress Report for the following calendar years (January 1 to December 31) as specified in paragraph 11 of the Notice:
4.1 No data is required for Part 4.1 of this Report 4.2 On-Site Uses Did this facility use dichloromethane on-site in the year identified
in Part 4.0(c) of this Report?
4.3 On-Site Releases Did this facility release dichloromethane on-site in the year identified
in Part 4.0(c) of this Report? 4.3.1 Releases to Air Report the total of all releases of dichloromethane to air with the basis of estimate code, indicating the type(s) of release(s). Include both routine and accidental or non-routine releases.
4.3.2 Underground Injection Report the total quantity of dichloromethane injected underground on-site with the basis of estimate code.
4.3.3 Releases to Surface Waters Report the total of all releases of dichloromethane to surface waters with the basis of estimate code, indicating the type(s) of release(s).
4.3.4 Releases to Land Report the total of all releases of dichloromethane to land within the boundaries of the facility with the basis of estimate code, indicating the type(s) of release(s).
4.3.5 Total Releases Report the total quantity of dichloromethane released on-site.
4.4 Off-Site Transfers 4.4.1 No data is required for Part 4.4.1 of this Report 4.4.2 Off-Site Transfers for Disposal Did this facility transfer dichloromethane off-site for disposal in
the year identified in Part 4.0(c) of this Report?
4.4.3 Off-Site Transfers for Recycling Did this facility transfer dichloromethane off-site for recycling in
the year identified in Part 4.0(c) of this Report?
5.0 Results Achieved To Date and Methods Used 5.1 Actions Taken To Date In the table below, describe the actions taken to date in implementing the P2 plan (Column I). In Columns II and III, identify whether each action represented a pollution prevention or other environmental approach, selecting from the list of options provided. For each action, report the corresponding change to uses, releases or transfers of dichloromethane achieved to date from implementation of that action in kg/year, where possible (Column IV). Note that reporting a quantitative change for some actions, such as training, may not be possible. In Column V, relate these changes to a specific element of the baseline information described in Parts 4.2, 4.3 and 4.4 of this Report using the appropriate alphabetical label (e.g., for changes to total surface water releases, use the label "D"). In Column VI, identify the date each action was completed.
* Indicate a decrease with a negative sign ("-") and an increase with a positive sign ("+") in front of the reported amount.
5.2 Total Results Achieved To Date The table below summarizes the total change achieved to date to uses, releases and/or transfers of dichloromethane relative to both 2002 and 1995 (years reported in the "Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented — Dichloromethane (Section 58(1) of CEPA 1999")) in kg/year and as a percentage. In Columns VII and VIII (relative to 2002), report those changes achieved to date from implementing actions described in Part 5.1 of this Report. In Columns IX and X (relative to 1995), include both the changes reported in Columns VII and VIII and those achieved between 2002 and 1995 as reported in Parts 4.2, 4.3 and 4.4 of the "Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented — Dichloromethane (Section 58(1) of CEPA 1999)."
*Indicate a decrease with a negative sign ("-") and an increase with a positive sign ("+") in front of the reported amount. 6.0 Monitoring and Reporting Briefly describe the indicators that assess progress, the monitoring plan (including the frequency), and the reporting components of the P2 plan in relation to dichloromethane. 7.0 No data is required for Part 7.0 of this Report This ends the section (Parts 3.0 through 7.0) to be completed separately for each industrial activity identified in Part 3.0 of this Report. 8.0 No data is required for Part 8.0 of this Report 9.0 Authorization I have read this Report, I understand its contents and I confirm that the information submitted is correct. I further understand that if any information submitted in this Report becomes false or misleading, I must submit an amendment to this Report within 30 days after the time that the information has become false or misleading.
Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented — Dichloromethane (Section 58(2) of CEPA, 1999)
Please refer to the instruction booklet "Instruction for Completing the Schedules to the Canada Gazette Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Dichloromethane" for direction on how to complete this Declaration. Is this an amendment to a Declaration previously submitted? If yes, complete Parts 1.0 and 9.0, and any other Parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted. 1.0 Facility Information
2.0 No data is required for Part 2.0 of this Declaration The following section (Parts 3.0 through 7.0) must be completed separately for each applicable industrial activity listed in Part 3.0 of this Declaration. 3.0 Substance in the Notice and Industrial Activity
Industrial activity for which the following information applies (choose one):
4.0 Baseline Information After Implementation of the Pollution Prevention (P2) Plan Notes: (a) The data collected in Parts 4.1 through 4.3 of this Declaration mimic the reporting format of the National Pollutant Release Inventory (NPRI) where possible. (b) Use the following codes where indicated, listed in declining order of expected accuracy, to describe how each quantity reported in this Part of the Declaration was determined:
C Mass balance E Emission factors O Engineering estimates (c) This Declaration requires reporting of data from the final calendar year (January 1 to December 31) of full implementation of the P2 plan. For this notice, the final year of full implementation can be no later than: — 2004 for persons identified in paragraph 1(4)(c) and
1(4)(e) of the notice;
4.1 No data is required for Part 4.1 of this Declaration 4.2 On-site Uses Did this facility use dichloromethane on-site in the year identified
in Part 4.0 c) of this Report?
4.3 On-Site Releases Did this facility release dichloromethane on-site in the year identified
in Part 4.0 c) of this Declaration? 4.3.1 Releases to Air Report the total of all releases of dichloromethane to air with the basis of estimate code, indicating the type(s) of release(s). Include both routine and accidental or non-routine releases.
4.3.2 Underground Injection Report the total quantity of dichloromethane injected underground on-site with the basis of estimate code.
4.3.3 Releases to Surface Waters Report the total of all releases of dichloromethane to surface waters with the basis of estimate code, indicating the type(s) of release(s).
4.3.4 Releases to Land Report the total of all releases of dichloromethane to land within the boundaries of the facility with the basis of estimate code, indicating the type(s) of release(s).
4.3.5 Total Releases Report the total quantity of dichloromethane released on-site.
4.4 Off-Site Transfers 4.4.1 No data is required for Part 4.4.1 of this Declaration 4.4.2 Off-Site Transfers for Disposal Did this facility transfer dichloromethane off-site for disposal in
the year identified in Part 4.0 c) of this Declaration?
4.4.3 Off-Site Transfers for Recycling Did this facility transfer dichloromethane off-site for recycling in
the year identified in Part 4.0 c) of this Declaration?
5.0 Results Achieved and Methods Used 5.1 Actions Taken In the table below, describe the actions taken in implementing the P2 plan (Column I). In Columns II and III, identify whether each action represented a pollution prevention or other environmental approach, selecting from the list of options provided. For each action, report the corresponding total change to uses, releases or transfers of dichloromethane achieved from implementation of that action in kg/year, where possible (Column IV). Note that reporting a quantitative change for some actions, such as training, may not be possible. In Column V, relate these changes to a specific element of the baseline information described in Parts 4.2, 4.3 and 4.4 of this Declaration using the appropriate alphabetical label (e.g., for changes to total surface water releases, use the label "D"). In Column VI, identify the date each action was completed.
*Indicate a decrease with a negative sign ("-") and an increase with a positive sign ("+") in front of the reported amount.
5.2 Total Results Achieved The table below summarizes the total change achieved to releases and/or transfers of dichloromethane relative to both 2002 and 1995 (years reported in the "Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented — Dichloromethane (Section 58(1) of CEPA 1999")) in kg/year and as a percentage. In Columns VII and VIII (relative to 2002), report those changes achieved from implementing actions described in Part 5.1 of this Declaration. In Columns IX and X (relative to 1995), include both the changes reported in Columns VII and VIII and those achieved between 2002 and 1995 as reported in Parts 4.2, 4.3 and 4.4 of the "Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented — Dichloromethane (Section 58(1) of CEPA 1999)."
*Indicate a decrease with a negative sign ("-") and an increase with a positive sign ("+") in front of the reported amount. 6.0 Monitoring and Reporting Briefly describe the indicators chosen to assess progress, the monitoring plan (including the frequency), and the reporting components of the P2 plan in relation to dichloromethane. 7.0 Risk Management Objective Describe how the P2 plan outlined in this Declaration meets the risk management objective identified in paragraph 3(1) of the notice. If this plan does not meet the risk management objective, explain why. This ends the section (Parts 3.0 through 7.0) to be completed separately for each industrial activity identified in Part 3.0 of this Declaration. 8.0 No data is required for Part 8.0 of this Declaration 9.0 Authorization I have read this Declaration, I understand its contents and I confirm that the information submitted is correct. I further understand that if any information submitted in this Declaration becomes false or misleading, I must submit an amendment to this Declaration within 30 days after the time that the information has become false or misleading.
OFFICE OF THE REGISTRAR GENERAL Appointments
August 21, 2002 JACQUELINE GRAVELLE [35-1-o] RADIOCOMMUNICATION ACT Notice No. SMSE-004-02: New Release of RSS-132 and Proposed Amendments to RSS-142 and RSS-191 Notice is hereby given that Industry Canada is releasing the following Radio Standards Specifications: 1. New Radio Standards Specification 132 (RSS-132, Issue 1 [Provisional], 800 MHz Cellular Telephones Employing New Technologies) setting out the minimum requirements for the certification of cellular equipment that use new technologies in the 824-849 MHz and 869-894 MHz paired frequency bands. It should be noted that the certification of AMPS, TDMA and CDMA cellular equipment in the 800 MHz band is still covered in RSS-118, RSS-128 and RSS-129, respectively. 2. Revised Radio Standards Specification 142 (RSS-142, Issue 2 [Provisional], Narrowband Multipoint Communication Systems in the 1427-1430 MHz and 1493.5-1496.5 MHz Bands) setting out minimum requirements for the certification of radio transmitters and receivers of Narrowband Multipoint Communication Systems (MCS), including automatic meter reading (AMR), in the 1427-1430 MHz and 1493.5- 1496.5 MHz bands. 3. Revised Radio Standards Specification 191 (RSS-191, Issue 2 [Provisional], Local Multipoint Communication Systems in the 28 GHz Band; Point-to-Point and Point-to-Multipoint Broadband Communication Systems in the 24 GHz and 38 GHz Bands) setting out minimum requirements for the certification of radio transmitters and receivers for Local Multipoint Communication Systems (LMCS) in the 28 GHz band (25.35-28.35 GHz), and Point-to-Point and Point-to-Multipoint Broadband Communication Systems in the 24 GHz (24.25-24.45 GHz and 25.05-25.25 GHz) and 38 GHz (38.6- 40.0 GHz) bands. All of the above-mentioned documents will come into force as of the date of publication of this notice. Each document contains in its preface, a general description of its content, as well as an outline of the main changes, as appropriate. These documents have been coordinated with the Radio Advisory Board of Canada (RABC). The Radio Equipment Technical Standards Lists will be amended to reflect the above changes. Interested parties may submit comments on these documents to the Director General, Spectrum Engineering, 300 Slater Street, Ottawa, Canada K1A 0C8, within 90 days of the date of publication of this notice. All representations must cite the Canada Gazette, Part I, the publication date, the title and the notice reference number. Comments should preferably be submitted in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to facilitate posting on the Department's Web site. Documents submitted should be sent with a note specifying the software, version number and operating system used. Comments received will be considered and if necessary, a new issue or revised version of the current issue of the relevant document may be developed. Shortly after the close of the comment period, comments received, if any, will be posted on Industry Canada's Web site: http://strategis.gc.ca/spectrum Note that the above-mentioned documents and the Radio Equipment Technical Standards (Lists) are also available on the same Web site. Any inquiries regarding this notice should be directed to the Manager, Radio Equipment Standards, (613) 990-4699 (Telephone), (613) 991-3961 (Facsimile), res.nmr@ic.gc.ca (Electronic mail). Paper copies of the documents are available, for a fee, from: St. Joseph Print Group Inc., 1165 Kenaston Street, P.O. Box 9809, Station T, Ottawa, Ontario K1G 6S1, (613) 746-4005 (Telephone), 1-888-562-5561 (Toll-free number), (819) 779-2833 (Facsimile), DLSOrderdesk@eprintit.com (Electronic mail). August 30, 2002 R. W. MCCAUGHERN [35-1-o] WEIGHTS AND MEASURES ACT Weights and Measures Specifications Notice is hereby given, in accordance with subsection 13(2) of the Weights and Measures Regulations, (see footnote o) that the Minister of Industry, pursuant to paragraph 10(1)(i) (see footnote p) of the Weights and Measures Act and sections 13 (see footnote q) and 27 (see footnote r) of those Regulations (a) has established the Specifications Relating to Non-automatic Weighing Devices (1998); (see footnote s) and (b) has made the Order Respecting Certain Weights and Measures Specifications (1998) (see footnote t) relating to electronic computing automatic scales, electronic automatic scales, electronic point of sale checkout weighing systems and vehicle scales. ALLAN ROCK [35-1-o] OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS BANK ACT Union Bank of California, N.A. and United Overseas Bank Limited — Order Permitting a Foreign Bank to Establish a Branch in Canada and Order Approving the Commencement and Carrying on of Business in Canada by an Authorized Foreign Bank Notice is hereby given the issuance, — pursuant to subsection 524(1) of the Bank Act, the Secretary of State (International Financial Institutions), on behalf of the Minister of Finance, issued an order on June 24, 2002, permitting Union Bank of California, N.A. to establish a branch in Canada to carry on business in Canada under the name Union Bank of California, Canada Branch and an order on June 27, 2002, permitting United Overseas Bank Limited to establish a branch in Canada to carry on business in Canada under the name United Overseas Bank Limited; and — pursuant to subsection 534(1) of the Bank Act, the Superintendent of Financial Institutions issued orders approving the commencement and carrying on of business in Canada by Union Bank of California, N.A., effective July 15, 2002, and United Overseas Bank Limited, effective June 28, 2002. August 19, 2002 NICHOLAS LE PAN [35-1-o] OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS INSURANCE COMPANIES ACT ING Insurance Company of Canada, ING Wellington Insurance Company and The Commerce Group Insurance Company — Letters Patent of Amalgamation ING Insurance Company of Canada — Order to Commence and Carry on Business Notice is hereby given of the issuance, — pursuant to subsection 251(1) of the Insurance Companies Act, of letters patent amalgamating and continuing ING Insurance Company of Canada, ING Wellington Insurance Company and The Commerce Group Insurance Company as one company under the name ING Insurance Company of Canada, and in French, Compagnie d'assurance ING du Canada, effective July 1, 2002; and — pursuant to subsection 52(4) of the Insurance Companies Act, of an order to commence and carry on business authorizing ING Insurance Company of Canada and in French, Compagnie d'assurance ING du Canada, to insure risks falling within the classes of accident and sickness, aircraft, automobile, boiler and machinery, fidelity, hail, legal expense, liability, loss of employment, property, and surety insurance, effective July 1, 2002. This order replaces all previous orders to commence and carry on business issued to ING Insurance Company of Canada. August 21, 2002 NICHOLAS LE PAN [35-1-o] OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS TRUST AND LOAN COMPANIES ACT M.R.S. Trust Company — Letters Patent of Continuance and Order to Commence and Carry on Business Notice is hereby given of the issuance, — pursuant to section 33 of the Trust and Loan Companies Act, of letters patent continuing, M.R.S. Trust Company, a body corporate incorporated under the Loan and Trust Corporations Act (Ontario), as a company under the Trust and Loan Companies Act, under the name M.R.S. Trust Company, and in French, Compagnie de Fiducie, M.R.S., effective August 1, 2002; and — pursuant to subsections 52(1) and 57(1) of the Trust and Loan Companies Act, of an order to commence and carry on business authorizing M.R.S. Trust Company to commence and carry on business and to carry on the activities referred to in section 412, effective August 1, 2002. August 21, 2002 NICHOLAS LE PAN [35-1-o] OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS TRUST AND LOAN COMPANIES ACT BANK ACT Pacific & Western Trust Corporation and Pacific & Western Bank of Canada — Letters Patent of Continuance and Order to Commence and Carry on Business Notice is hereby given of the issuance, effective August 1, 2002; — pursuant to subsection 33(1) of the Trust and Loan Companies Act, of letters patent continuing Pacific & Western's eTrust of Canada Inc., a body corporate incorporated under the Business Corporations Act of Saskatchewan, as a company under the Trust and Loan Companies Act, under the name Pacific & Western Trust Corporation and in French, Société de Fiducie Pacifique & Western; — pursuant to subsection 52(1) of the Trust and Loan Companies Act, of an order authorizing this trust company to commence and carry on business; — pursuant to subsection 35(1) of the Bank Act, of letters patent continuing Pacific & Western Trust Corporation, a body corporate continued under the Trust and Loan Companies Act, as a bank under the Bank Act under the name Pacific & Western Bank of Canada and, in French, Banque Pacifique et de l'ouest du Canada; and — pursuant to subsection 49(1) of the Bank Act, of an order authorizing Pacific & Western Bank of Canada, and in French, Banque Pacifique et de l'ouest du Canada, to commence and carry on business. August 19, 2002 NICHOLAS LE PAN [35-1-o] SUPREME COURT ACT Session Advanced The session of the Supreme Court of Canada, which would normally begin on Tuesday, October 1, 2002, will be advanced and shall begin on Monday, September 30, 2002. August 31, 2002 ANNE ROLAND [35-1-o] CANADA MARINE ACT Halifax Port Authority — Supplementary Letters Patent BY THE MINISTER OF TRANSPORT WHEREAS Letters Patent were issued by the Minister of Transport for the Halifax Port Authority (the "Authority") under the authority of the Canada Marine Act effective March 1, 1999; WHEREAS Schedule B of the Letters Patent describes the federal real property managed by the Authority and includes the real property described in Annex A hereto; AND WHEREAS the board of directors of the Authority has requested that the federal real property described in Annex A hereto be deleted from Schedule B to permit the Department of Transport to sell the federal real property to Gillian H. Morrow; NOW THEREFORE under the authority of section 9 of the Canada Marine Act, the Letters Patent are amended by deleting the federal real property described in Annex A from Schedule B. More particularly, the said deletion is effected by adding the federal real property described in Annex A to the excepted properties described under "EXCEPTING THEREFROM" in Part I of Schedule B. These Supplementary Letters Patent are to be effective on the date of registration in the Halifax Land Registry Office of the transfer documents evidencing the transfer of the federal real property described in Annex A hereto from Her Majesty the Queen in right of Canada to Gillian H. Morrow. Issued under my hand to be effective this 17th day of August, 2002. ________________________________________ The Honourable David M. Collenette, P.C., M.P. Minister of Transport Annex A Plan No. 70762-105 ALL that certain parcel of land situated on the northern side of Martins Drive in the City of Halifax, Province of Nova Scotia shown as Parcel W on a plan (Servant, Dunbrack, McKenzie & MacDonald Ltd. Plan No. 13-987-0) showing Parcel W, "Melville Park", Lands Occupied by Miriam Jean Whittle (Kidd) signed by Granville Leopold, N.S.L.S., dated December 12, 1994. [35-1-o] Under the Montreal Protocol, "consumption" refers to the trade (production + import - export) of ODSs, and not to the use of ODS. For "critical" uses, significant market disruption would mean the loss of an industry sector or production sector (e.g. one crop), not just the loss of one company or facility, unless a single company represents a large portion of the market. For emergency uses, significant market disruption would mean a significant loss for the company reqesting the emergency use exemption The onus would be on industry to demonstrate that there are no alternatives or substitutes available. The onus would be on industry to demonstrate that research programmes are in place. A fee might be charged to the applicant for each application. It is possible to present exemption nominations two years in advance of the year the exemption is required in order to get a decision one year in advance of the phase-out date. The length of time required to obtain a ministerial decision can vary. C.R.C., c. 1605 S.C. 1993, c. 34, s. 136 SOR/93-234 SOR/93-234 SI/98-81 SI/98-82 |
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