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December 14, 2007

Re: Consultation on the Proposed Regulatory Provision for an Extension to the 2009 End-of-Use Deadline for the Proposed PCB Regulations

Madam, Sir:

On November 4, 2006, Environment Canada published the proposed PCB Regulations in Part I of the Canada Gazette for a 60-day comment period.

During the comment period, Environment Canada received requests from stakeholders for an extension to the December 31, 2009 end-of-use deadline for PCBs at a concentration of 500 mg/kg or more based on technical difficulties or facility closure.

In response to stakeholders' comments, Environment Canada proposes to maintain the 2009 end-of-use deadline for these PCBs and to add a provision to the proposed PCB Regulations for regulatees to request an extension to the 2009 end-of-use deadline up to December 31, 2014 on a case-by-case basis for the following situations:

  • the equipment is being replaced with equipment that is engineered to order and it is not technically feasible to replace the equipment on or before December 31, 2009; or
  • the equipment is located at a facility that is scheduled for permanent closure on or before December 31, 2014.

As the proposed regulatory provision for an extension to the 2009 end-of-use deadline is new to the PCB regulatory framework, Environment Canada invites you to comment on the proposed regulatory provisions, including the criteria on which the extension can be granted, the application and the reporting requirements. A copy of the proposed regulatory provision for the extension is provided below.

Interested parties have until February 1, 2008 to provide comments (in writing) to Environment Canada on the proposed regulatory provision. Comments should be sent to the attention of Carolyne Blain, Director, Waste Reduction and Management Division via the Division's email inbox at tmb@ec.gc.ca or fax at 819-997-3068 .

Following the comment period, Environment Canada will take the comments received into consideration in finalizing the PCB Regulations.

If you are interested in meeting with representatives of Environment Canada to discuss this proposed regulatory provision or if you have any questions, please contact Susan McKay at 819-953-0669 or Francine Laperrière at 819-953-1670.

Yours sincerely,

(original signed by)

Carolyne Blain
Director
Waste Reduction and Management Division


Proposed Regulatory Provision for an Extension to the 2009 End-of-Use Deadline for the Proposed PCB Regulations

Extension of 2009 end of use date

19. (1) Despite paragraph 17(2)(a) and subparagraph 17(2)(b)(i) of the proposed PCB Regulations published in Part I of the Canada Gazette on November 4, 2006, a person may use the equipment referred to in those provisions until the date set out in any extension granted by the Minister for that equipment.

Application

(2) The Minister shall, upon written application containing the information set out in subsection (3), grant an extension up to the date applied for but no later than December 31, 2014, if either of the following conditions is met:

(a) the equipment is being replaced with equipment that is engineered to order, and

  1. it is not technically feasible to replace the equipment on or before December 31, 2009,
  2. the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and human health,
  3. a plan has been prepared, along with timelines, to end the use of the equipment by the date applied for, and
  4. a plan has been prepared for inspecting the equipment on a monthly basis for the period of the extension for damage that could lead to the release of PCBs; or

(b) the equipment is located at a facility that is scheduled for permanent closure on or before December 31, 2014, and

  1. the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and human health,
  2. a plan has been prepared, along with timelines, to end the use of the equipment by the date applied for, and
  3. a plan has been prepared for inspecting the equipment on a monthly basis for the period of the extension for damage that could lead to the release of PCBs.

Information

(3) The application shall contain the following:

(a) the applicant's name, civic and mailing addresses, telephone number, fax number, if any, and email address, if any;

(b) the name, title, civic and mailing addresses, telephone number, fax number, if any, and email address, if any, of the person authorized to act on behalf of the applicant, if any;

(c) a technical description of the equipment which is the subject of the application, including

  1. the type and function of the equipment,
  2. the quantity of liquid containing PCBs that is in the equipment, expressed in litres,
  3. the concentration of PCBs in the liquid, expressed in milligrams of PCBs per kilogram of liquid,
  4. the quantity of PCBs in the equipment, expressed in kilograms, and
  5. the name-plate description, if any, and the manufacturer's serial number, if any;

(d) the unique identification number that is on the label referred to in subsection 32(1);

(e) the name, civic address, function and technical description of the facility where the equipment is located, if any;

(f) information demonstrating that, as the case may be,

  1. it is not technically feasible to replace the equipment on or before December 31, 2009, or
  2. the facility where the equipment is located is scheduled for permanent closure on or before December 31, 2014;

(g) information demonstrating that the applicant is taking all necessary measures to minimize or eliminate the harmful effect of the PCBs contained in the equipment on the environment and human health;

(h) the plan, along with timelines, that will be implemented to end the use of the equipment; and

(i) the plan for inspecting the equipment.

Notice of change of information

(4) The applicant shall notify the Minister in writing of any change to the information set out in subsection (3) within 30 days after the day on which the change occurs.

Annual report

(5) The applicant shall prepare a written report current to December 31 in each calendar year for which the extension was granted that contains the following information:

(a) the name, civic and mailing addresses, telephone number, fax number, if any, and email address, if any, of the applicant and of a contact person;

(b) the unique identification number added to the label referred to in subsection 32(1);

(c) the name, civic address, function and technical description of the facility where the equipment is located, if any;

(d) progress made on the implementation of the plan and the timelines for ending the use of the equipment;

(e) the measures taken to minimize or eliminate the harmful effect of the PCBs on the environment and human health; and

(f) the findings of the inspections of the equipment.

Date of submission of report

(6) The applicant shall submit the report in subsection (5) to the Minister on or before March 31 of the year following the calendar year for which the report is made.

False or misleading information

(7) The Minister shall refuse to grant an extension if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of its application.

Revocation

(8) The Minister shall revoke the extension if

(a) the conditions set out in subsection (2) are not met during the period of the extension; or

(b) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information to the Minister.

Reasons for revocation

(9) The Minister shall not revoke the extension unless the Minister has provided the applicant with

(a) written reasons for the revocation; and

(b) an opportunity to be heard, by written representation, in respect of the revocation.