Environment @ Gowlings: January 7, 2011 - Part 1

Edited by Harry Dahme

Contents

FEDERAL NEWS

Bisphenol A Added to List of Toxic Substances Pollution Prevention Plans for Bisphenol A Additions to Toxic Substances List Proposed Amendment to the Notice requiring the preparation and implementation of pollution prevention plans in respect of specified toxic substances released from base metal smelters and refineries and zinc plants Amendments to the Domestic Substances List Significant New Activity Notice for Aromatic Isocyanate Polymer, Alkoxy-Alkylamine Blocked Passenger Automobile and Light Truck Greenhouse Gas Emissions Regulations Aquaculture in British Columbia Now under Federal Jurisdiction PROVINCIAL NEWS

ONTARIO

Open-For-Business Act, 2010 Guideline A-7 Waste to Energy Facility Receives Approval Toxic Reduction Act, 2009 Bill 72 establishes a framework to foster innovation and to conserve and sustain Ontario's water resources Proposed update to Environmental Noise Guidelines QUEBEC

Québec and GHG Emissions: The Regulation to Amend the Regulation Respecting Mandatory Reporting of Certain Emissions of Contaminants into the Atmosphere is Adopted Water User Fees Come Into Effect Advisory Committee towards Establishing the Next Quebec Climate Change Action Plan Creation of a Certification Program for Products with Recycled Content Recyc-Quebec to be Integrated within MESDP CASE COMMENT

Supreme Court clarifies that Aboriginal consultation (and potentially accommodation) is required in the context of modern land claims treaties COMMENTARY

Analysis of CSA Staff Notice 51-333 Environmental Reporting Guidance What's Happening

FEDERAL NEWS

Bisphenol A Added to List of Toxic Substances

The Final Order adding Bisphenol A to Schedule 1 to the Canadian Environmental Protection Act, 1999 was published in the Canada Gazette, Part II on October 13, 2010 Volume 144, No. 21, Page 1806.

For further information please see: Canada Gazette, Part II published on October 13, 2010.

Pollution Prevention Plans for Bisphenol A

The Proposed Notice requiring the preparation and implementation of pollution prevention plans with respect to Bisphenol A and Industrial Effluents was published on October 16, 2010 in the Canada Gazette Part 1, Supplement for a 60 day comment period. The Proposed Notice requires an industrial facility that manufactures or uses Bisphenol A in a quantity greater than 100 kilograms and which has effluent containing Bisphenol A to prepare a pollution prevention plan ("Plan"). Pulp and paper de-inking activities do not require preparation of a Plan. The objective is to reduce Bisphenol A concentrations in effluent to less than or equal to 1.75 ug/l by December 31, 2015. In addition the manufacturer will be required to consider means to minimize Bisphenol A in the effluent. This includes examination of the use of alternatives to Bisphenol Act.

The Plan is to be prepared and to be initiated no later than December 31, 2012 and is to be completely implemented no later than December 31, 2016. Accompanying the Proposed Notice are a number of schedules. These include a Declaration that a pollution prevent plan has been prepared and is being implemented, a request for Waiver of the requirement to consider a factor or factors for preparation of a pollution prevention plan, and Interim Progress Report and a Declaration that a pollution prevention plan has been completed implemented.

For further information please see: Canada Gazette, Part I published on October 16, 2010.

Additions to Toxic Substances List

The order adding four substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 was published in the Canada Gazette Part I on October 30, 2010. Substances which were added included Vanadium Pentoxide, Oxirane ("TGOPE"), Bromic Acid ("Potassium Bromate"), and Benzene, 1, 2-dimethoxy-4-(2-propenyl) ("Methyl Eugenol"). These four substances were assessed in Batch 9 of the substances indentified under the Chemicals Management Plan.

Vanadium Pentoxide occurs naturally in the environment and is used primarily in the manufacture of ferro vanadium and as a catalyst in the production of sulphuric acid. Potassium Bromate is used primarily in industrial and commercial applications. It is used as an oxidizing agent in laboratories, in the dying of textiles and in permanent wave neutralizing solutions in the cosmetic industry. TGOPE is a component of epoxy resin and is used as an adhesive or bonding agent in the manufacture of paints, coatings for industrial use. Methyl Eugenol occurs in the essential oils of certain plan species which are extracted primarily for use as flavour ingredients in food and beverages, and as fragrance ingredients in personal care, cosmetics and household products. They also appear in certain citronella-based personal insect repellents.

The Proposed Order allows the Ministers of Environment and Health to publish proposed regulations or other management instruments no later than September 18, 2012 and to finalize them no later than March, 2013.

For further information please see: Canada Gazette, Part I published on October 30, 2010.

Proposed Amendment to the Notice requiring the preparation and implementation of pollution prevention plans in respect of specified toxic substances released from base metal smelters and refineries and zinc plants

The Minister of Environment gave notice on November 20, 2010 of a proposal to amend the Status Report Form on Conformance with the Environmental Code of Practice for Base Metals Smelters and Refineries in Section 8.1 of Schedules 1, 4 and 5 of the Notice requiring the preparation and implementation of pollution prevention plans in respect of specified toxic substances released from base metals smelters and refineries and zinc plants.

Comments may be filed with the Minister of the Environment within 60 days after November 20, 2010 about the proposed Notice.

Further information is available in the Canada Gazette, Part I published on November 20, 2010.

Amendments to the Domestic Substances List

Ethanol, 2-ethoxy-, acetate (2-Ethoxyethanol acetate, "2-EEA") was deleted from Part 1 and it was added to Part 2 of the Domestic Substances List. Part 2 specifies the Significant New Activity for which the substance is subject to subsection 81(3) of the Canadian Environmental Protection Act, 1999, which includes any activity involving, in more than any one calendar year, more than 100 kg of 2-EEA, other than in an industrial setting as a solvent, paint, coating or cleaning solution. Part 2 also specifies the information that must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in a calendar year.

Further information is available in the Canada Gazette, Part II, published on November 10, 2010.

Acetamide, 2-chloro- (2-chloroacetamide) was deleted from Part 1 and added to Part 2 of the Domestic Substances List. Part 2 specifies the Significant New Activity for which the substance is subject to subsection 81(3) of the Canadian Environmental Protection Act, 1999, and includes any activity to which the Pest Control Products Act does not apply and which involves, in any one calendar year, more than 100 kg of 2-chloroacetamide. Part 2 also specifies the information that must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in a calendar year.

Further information is available in the Canada Gazette, Part II, published on November 10, 2010.

1-Propene, 3-chloro– ("3-chloropropene"), 1,2-Benzenedicarboxylic acid, bis(2-methoxyethyl) ester ("DMEP"), and 2,7-Naphthalenedisulfonic acid, 4-amino-3-[[4′-[(2,4-diaminophenyl)azo][1,1′-biphenyl]-4-yl]azo]-5-hydroxy-6-(phenylazo)- disodium salt ("Direct Black 38") were deleted from Part 1 and added to Part 2 of the Domestic Substances List. Amendments to Part 2 of the List specify the Significant New Activity for which each of the substances is subject to subsection 81(3) of the Canadian Environmental Protection Act, 1999. Part 2 also specifies the information that must be provided to the Minister at least 90 days before the day on which the quantity of any of the substance exceeds 100 kg in a calendar year.

Further information is available in the Canada Gazette, Part II, published on November 10, 2010.

Phenol, 4-[[4-(phenylazo)phenyl]azo]-, Phenol, 4-[[4-(phenylazo)-1-naphthalenyl ]azo]-, Phenol, 2-methyl-4-[[4-(phenylazo)phenyl]azo]-, Phenol, 4,4′-[1,4-phenylenebis(azo)]bis-, Phenol, 4-[[2-methoxy-4-[(2-methoxyphenyl) azo]-5-methylphenyl]azo]-, 2-Naphthalenol, 1-[(2-methoxyphenyl)azo]-, 2-Naphthalenol, 1-[(2,4-dimethylphenyl)azo]-, and 1-Naphthalenol, 4-[(4-ethoxyphenyl) azo]- were deleted from Part 1 and added to Part 2 of the Domestic Substances List. Amendments to Part 2 of the List specify the Significant New Activity for which each of the substances is subject to subsection 81(3) of the Canadian Environmental Protection Act, 1999. Part 2 also specifies the information that must be provided to the Minister at least 90 days before the day on which the quantity of any of the substance exceeds 100 kg in a calendar year.

Further information is available in the Canada Gazette, Part II, published on November 10, 2010.

Substances with the following Chemical Abstracts Service Registry numbers were added to Part 1 of the Domestic Substances List:

18016-43-8 N, 68915-42-4 N-P, 52522-03-9 N-P, 177579-86-1 N-P, 186186-40-3 N-P, 192567-66-1 N-P, 501019-91-6 N, and 676348-65-5 N.

The following substances were added to Part 3 of the Domestic Substances List:

18114-6 N-P 2,5-Furandione, polymer with alkene, alkyl esters, 2-(2-oxo-1-imidazolidinyl)alkyl amide;

18208-1 N-P Oil, glyceridic, polymer with diethylene glycol, glycerine, phthalic anhydride and terephthalic acid;

18209-2 N-P 1,3-Benzene dicarboxylic acid, polymer with hexanedioic acid and 1,6-hexanediol, diamine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid...

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