Reply to Comments Received in Submissions on the Proposed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

A number of industry and association stakeholders comment with respect to the listing of vanadium pentoxide set out in Appendix 5 of the TDGR and the incorporation of this listing by reference.

The proposed regulation references Clear Language TDGR subparagraph 2.43(b) (v). This subparagraph references Appendix 5 of the TDGR. Appendix 5: Environmentally Hazardous Substances Intended for Disposal lists vanadium pentoxide without qualification. It should list "vanadium pentoxide non fused form" as it did in the prior version of the regulation. The omission is an error that is not serious in the TDGR because it is clarified in Schedule 1: Dangerous Goods by UN Number where vanadium pentoxide (UN 2862) is cited correctly. The proposed regulation does not have this secondary qualification. The proposed regulation needs revision to ensure the transcription error does not affect the classification of materials.

Response: Environment Canada agrees with this recommendation. Rather than incorporate Appendix 5, Part 2, of the TDGR by reference, this schedule will be included in the proposed Regulations and the listing clarified to specify "vanadium pentoxide, non-fused form".